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Rural Municipality of
Taché
Building By-law
No. 04-2019
TABLE OF CONTENTS
SECTION 1:
Title
SECTION 2:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION 3:
General
3.1
Application Generally
3.2
Limited Application to Existing Building and Structures
3.3
Exemptions
3.4
Prohibitions
3.5
Municipal Servicing Standards
3.6
Building Elevations
3.7
Mobile Homes and RTM's
3.8
Pools and Hot Tubs
3.9
Signs, Antennas Structures, and Solar Collectors
SECTION 4:
Permits
4.1
Application
4.2
Permits
4.2.1 Building Permits
4.2.2 Plumbing Permits
4.2.3. Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
SECTION 5:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Contractor
5.3
Duties of Authority having jurisdiction
5.4
Duties of Architect and/or Engineer
5.5
Powers of Authority having jurisdiction
SECTION 6:
Appeal
SECTION 7:
Offences and Penalties
SECTION 8:
Repeal
SECTION 9:
Amendments
SECTION 10:
Effective Date
SCHEDULE A: Municipal Specification
1
RURAL MUNICIPALITY OF TACHÉ
Building By-Law No. 04-2019
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF TACHÉ FOR THE
REGULATION OF CONSTRUCTION IN THE RURAL MUNICIPALITY OF TACHÉ
WHEREAS The Rural Municipality of Taché is empowered by The Building and Mobile Homes
Act, C.C.S.M. ,cap. .B93 to, by by-law, adopt The Manitoba Building Code;
AND WHEREAS subsection 239(1) of the Municipal Act, CCSM c.m.225 provides as follows:
239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected,
remedied, enforced or done by a municipality, a designated officer of the municipality may, after
giving reasonable notice to the owner or occupier of land or the building or other structure to be
entered to carry out the inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or
action authorized or required by the Act or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action;
and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
AND WHEREAS it is deemed expedient and in the public interest to adopt the said Code and
establish such standards;
NOW THEREFORE the Council of the Rural Municipality of Taché, duly assembled, enacts as
follows:
SECTION I
Title
This by-law may be known as the Rural Municipality of Taché Building By-law.
2.1
Scope:
SECTION 2 Scope & Definitions
2.1.1
This by-law applies to the whole of the Rural Municipality of Taché.
2.1.2 This by-law applies to administration and enforcement in the design, construction,
erection, placement and occupancy of new building and structures, and the alteration,
reconstruction, demolition, removal, relocation, occupancy and change in occupancy
of existing building and structures and any requirements that are necessary to correct
unsafe conditions in existing building and structures.
2.1.3 The requirements of the Code are hereby adopted and shall apply to all work falling
within the scope and jurisdiction of this by-law.
2.1.4 Any construction or condition that lawfully existed before the effective date of this
by-law need not conform to the requirements of this by-law if such construction or
condition does not constitute an unsafe condition in the opinion of the authority
having jurisdiction.
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2.2
Definitions:
2.2.1.
The words and terms in italics in this by-law shall have the meaning prescribed in
subsection 2.2.3 herein, and if no definition is provided herein, they shall have the
meanings as prescribed in the Code. Should a word or term be defined in both this
by-law and the Code, then the definition set forth in this by-law shall govern.
2.2.2.
Definitions of words and phrases used in this by-law that are not specifically defined
in the Code or in this subsection shall have the meanings that are commonly assigned
to them in the context in which they are used in these requirements, considering the
specialized use of terms within the various trades and professions to which the
terminology applies.
2.2.3 Words and terms in italics in this by-law shall have the following meanings:
"Architect"
means A registered member of the Manitoba Association of Architects, authorized to practice architecture
in the Province of MB.
"Audit"
means a random review of design or construction work by the authority having jurisdiction to
ascertain compliance with the Code and this by-law
"Authority having Jurisdiction"
means the Rural Municipality of Taché (the "Municipality") and, where the context requires, the
CAO, building inspector or other designated officer lawfully appointed by the Municipality to
administer and enforce the provisions of this by-law.
"Building"
means any structure used or intended for supporting or sheltering any use or occupancy.
"Code"
means the current Manitoba Building Code as established, adopted and revised from time to time
under Section 3 Construction Standard of The Building and Mobiles Homes Act, C.C.S.M.,
cap.B93
"Council"
means the Municipal Council of the Rural Municipality of Taché
"Engineer"
means a registered member of the Engineering Association of Manitoba (EGM), authorized to practice
engineering in the Province of Manitoba and skilled in the appropriate area of work concerned.
"Final Inspection"
means the last inspection to be made on the construction under development. It is to include all
plumbing and building inspection reports, water/sewer connection permit, culvert/access permit and
verification and yard/site elevation confirmation.
"Licensed Utility Contractor"
means a utility contractor that is properly registered with the Municipality as having a minimum
standard of experience in making water and/or sewer connections on various types of municipal
utility infrastructure and knowledge of the installation standards of the Municipality.
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"Occupancy Permit"
shall mean a permit issued after the Final Inspection.
"Owner"
means a person, or authorized agent of such person, who appears by the records of the proper land
titles office to have any right, title, estate, or interest in the land.
"Permit"
means written permission or written authorization from the authority having jurisdiction in respect
to matters regulated by this by-law
"Person"
means and includes any individual, corporation partnership, firm, joint venture, syndicate,
association or trust, and any other form of entity or organization
"Private Pool"
means any excavated, built-up, constructed or prefabricated private swimming pool, hot tub, spa or
pond, whether situated above the surrounding ground level or wholly or in part below the
surrounding ground level, used or intended to be used for swimming, bathing, wading or other
purposes, having a depth of more than 600 mm, which is situated on any privately-owned real
property, and which does not fall within the jurisdiction of the Provincial Regulations governing
public swimming pools under the appropriate Act or Regulation. Natural or excavated ponds not in
residential settlement areas or if situated on lots greater than 2.0 Hectares in area with no artificial
or man-made lining, are generally exempt from being classified as a private pool however the
authority having jurisdiction may require fencing and other requirements in accordance with any or
all of this by-law and the Code.
"Rough Grading"
means cutting and filling the earth for preparation of finish grading to within 4 inches of final grade.
"RTM"
means ready to move houses being houses or building constructed in one location and moved to a
different location
"Valuation"
shall mean the total monetary worth of all construction or work, including all painting, papering,
roofing, electrical work, plumbing, permanent or fixed equipment, including any permanent
heating, elevator equipment or fire sprinkler equipment, and all labour, materials and other devices
entering into and necessary to the prosecution of the work in its completed form. No portion of any
building including, mechanical, electrical and plumbing work, shall be excluded from the valuation
for a permit
SECTION 3
General
3.1
Application Generally:
This by-law applies to the design, construction, erection, placement and occupancy of new
building, and the alteration, reconstruction, demolition, removal, relocation, occupancy and
change in occupancy of existing building.
4
3.2
Limited Application to Existing Buildings:
3.2.1
When a building or any part of it is altered or repaired, the Code applies to the parts
of the building altered or repaired except that where in the opinion of the authority
having jurisdiction, the alteration will affect the degree of safety of the existing
building, the existing building shall be improved as may be required by the authority
having jurisdiction.
3.2.2
The number of storeys of an existing building or structure shall not be increased
unless the entire building or structure conforms to the requirement of the Code.
3.2.3
The requirements of this by-law apply where the whole or any part of a building is
relocated either within or into the area of jurisdiction of the authority having
jurisdiction.
3.2.4
When the whole or any part of a building is demolished, the requirements of this by-
law apply to the work involved in the demolition and to the work required to any
parts remaining after demolition to the extent that deficiencies occurring or
remaining after demolition require correction.
3.2.5
When a building is damaged by fire, earthquake or other cause, the Code, the
requirements of this by-law and the appropriate regulations under the Fires
Prevention and Emergency Response Act CCSM c. F80, and the Manitoba Fire
Code, apply to the work necessary to reconstruct damaged portions of the building.
3.2.6
When an unsafe condition exists in or about a building, the Code, the requirements of
this by-law and the appropriate regulations in the Fires Prevention and Emergency
Response Act, and the Manitoba Fire Code, shall apply to the work necessary to
correct the unsafe condition.
3.2.7
When the occupancy of a building or any part of it is changed, the requirements of
this by-law apply to all parts of the building or structure affected by the change.
3.3
Exemptions:
3.3.1
The general requirements in Section 3, do not apply to:
(a)
sewage, water, electrical, telephone, rail or similar systems located on a street
or a public transit right of way;
(b)
public utility towers or poles, television and radio or other communication
aerials except for loads resulting from those located on or attached to
building;
(c)
flood control and hydroelectric dams and structures;
(d)
mechanical or other equipment and appliances not regulated in this by-law; and
(e)
accessory building not greater than 108 square feet in building area
(f)
A farm building less than 600 m2 in size other than a building or structure used as a
dwelling and is used for the farming operations and where the significant portion of
the family income is directly or indirectly produced from the farming operations.
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3.4
Prohibitions:
3.4.1.
Any person who fails to comply with any order or notice issued by any authority
having jurisdiction, or who allows a violation of the requirements of this by-law or of
the Code to occur or to continue, contravenes the provisions of this by-law.
3.4.2.
No person shall undertake any work or authorize or allow work to proceed on a
project for which a permit is required unless a valid permit exists for the work to be
done.
3.4.3.
No person shall deviate from the accepted plans and specifications forming part of the
permit, or omit or fail to complete, prior to occupancy, work required by the accepted plans
and specifications, without first having obtained approval by the authority having
jurisdiction to allow such deviation except for minor changes to accepted plans and
specifications which, when completed would not cause a violation of the Code or other by-
laws.
3.4.4
Where an Occupancy Permit is required by Sub-Section 4.2.3. herein, no person
shall occupy or allow the occupancy of any building, or part thereof, or change the
occupancy, unless and until an occupancy permit has been issued by the authority
having jurisdiction.
3.4.5
No person shall allow the ground elevations or the property boundaries of a building
lot to be changed so as to place a building, or part of it, in contravention of the
requirements of this by-law, unless the building, or part of it, is so altered, after
obtaining the necessary permit, such that no contravention will occur because of the
change of the property boundary of a building or grades.
3.4.6
No person shall knowingly submit false or misleading information to the authority
having jurisdiction concerning any matter relating to this by-law.
3.4.7
No person shall excavate or undertake work on, over or under public property, or
erect or place any construction or work or store any materials thereon without
receiving prior approval in writing from the appropriate government authority.
3.5
Municipal Servicing Standards:
3.5.1 All new construction, renovation, additions and alterations of a building or structure shall
comply with the Municipal Servicing Standards outlined in Schedule A of this by-law and as
required by the Municipality as a minimum requirement for the construction of buildings
and new land development approved under Provincial Legislation and the by-laws of the
Municipality.
3.6
Building Elevations:
3.6.1 Building elevations will be determined by the authority having jurisdiction in
accordance to the requirements set out by the Municipality or the Province of
Manitoba as indicated on the building permit.
3.6.2 Final building and lot grade elevations are to be confirmed by the applicants
Engineer or other surveyor approved by the authority having jurisdiction and proof
of such final elevations shall be provided to the jurisdiction having authority.
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3.7
Mobile Homes, RTM's, and Relocated Used Homes:
3.7.1 Mobile homes, RTM's, and/or relocated used homes shall comply with the requirements of
the Code.
3.7.2 The authority having jurisdiction may require any or all, of the following in respect
to a mobile home, RTM or relocated used homes sought to be located within the
municipality:
(a)
the submission of a complete set of plans and specifications;
(b)
homes to be for relocated to a location within the Municipality, whether from within
or outside the Municipality, shall be reviewed by an engineer before and after the
home is relocated and shall provide the jurisdiction having authority with a report as
to such;
(c)
the seal of an engineer licensed in the Province of Manitoba in respect to all
building components requiring professional certification;
(d)
submission of copies of any or all permits taken out for the mobile home or
RTM in the location of its construction together with a copy of any or all
inspection reports; and
(e)
such inspections or certifications as may be deemed necessary in order to
ensure compliance with the Code and this by-law.
3.8 Pool and Hot Tubs:
3.8.1 No person shall construct a private pool as referenced without first obtaining a
building permit to do so in accordance to this by-law and any other permits that may
be required by the authority having jurisdiction, the Province of Manitoba or any
other regulatory body having authority.
3.8.2 Every permit application for the construction of a private pool shall be accompanied
by all required plans and specifications as required by this by-law, the authority
having jurisdiction, the Code and any other requirements that the Authority feels
necessary at the time of application.
3.8.3 Private pools shall comply with the applicable zoning by-law(s).
3.8.4 Every private pool shall be enclosed within a fence as required by the Code and the
authority having jurisdiction.
3.8.5 Discharge water from a private pool including filter backwash must be discharged
to a wastewater sewer system; collected and removed for disposal by a licensed
wastewater hauler; or discharged on to the property if the water remains fully within
the property until it evaporates. Discharge water shall not be discharged onto any
street, lane, ditch, body of water or any other area outside the boundaries of the
property.
3.9
Signs, Antenna Structures, and Solar Collectors
3.9.1 Signs, antenna, and solar collector structures shall comply with all applicable zoning
by-law requirements.
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3.9.2 All signs, antenna and solar collector structures require an installation permit to be
issued by the authority having jurisdiction prior to construction.
3.9.3 All signs, antenna and solar collector structures shall maintain clearances from
electrical power and communication lines and other structures as required by the
appropriate authority.
3.9.4 A clearance of at least 1 m shall be maintained between poles and other fixtures
lawfully erected and any part of a sign, antenna or solar collector installation and its
accessories.
3.9.5 The authority having jurisdiction may refuse to issue a sign, antenna, or solar
collector installation permit if, in their opinion, the sign or antenna structure or solar
collector installation may interfere or otherwise obstruct traffic lights, or in any way
interfere with visibility from the street.
3.9.6 Any existing sign, antenna, or solar collector which is deemed unsafe by the
authority having jurisdiction from the standpoint of fire safety, structural safety or
location may be ordered to be made safe or removed.
3.9.7 A permit is not required for the changing of removable parts of signs that are
designed for changes, or the repainting of sign poles, cabinet/sign box framing,
display matter although such work shall comply with the applicable zoning by-law.
SECTION 4
Permit
4.1
Application:
4.1.1
Except as otherwise allowed and prescribed by the authority having jurisdiction,
every application for a permit shall:
(a)
identify and describe in detail the work and occupancy to be covered by the
permit for which the application is made;
(b)
describe the land on which the work is to be done by a description that will
readily identify and locate the building lot;
(c)
state the valuation of the proposed work;
(d)
be accompanied by the required fee as set out in the Municipal Fees and
Charges By-law;
(e)
include the plans and specifications as required by the authority having
jurisdiction and show the occupancy of all parts of the building;
(f)
state the names, addresses and telephone numbers of the owner(s), applicant
and contractor; and
(g)
include such additional information as may be required by the authority having
jurisdiction.
4.1.2
When an application for a permit has not been completed in conformance with the
requirements of the authority having jurisdiction within six months after the date
of filing, the application shall, unless otherwise be extended by the authority
having jurisdiction, be deemed to have been abandoned.
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4.1.3
A permit shall expire and the right of an owner under the permit shall end if:
(a)
the work authorized by the permit is not commenced within six months from
the date of issue of the permit and actively carried out after that, or
(b)
the work authorized under the permit is incomplete 24 months from the date of
issue, unless otherwise extended in writing by the authority having jurisdiction.
4.1.4
A permit extended under subsection 4.1.3(b) shall be extended to the date of expiry
of the permit deposit, or by 12 months where no deposit, as per Section 5, was taken.
There shall be a limit of one extension which may be granted free of charge however
with additional extensions shall be at the rate set by Municipal Fees & Charges By-
law.
4.1.5
Permits that have expired under subsection 4.1.3 shall not be subject to refund.
4.1.6
Any revision to the original application described in subsection 4.1.1 shall be made in the
same manner as for the original permit, or as may be required by the authority having
jurisdiction.
4.1.7
Applications for a permit may be filed, and a permit may be issued to an owner, or to a
contractor or the authorized agent of the owner if that agent holds a Letter of Authorization
in some format acceptable to the authority having jurisdiction.
4.2
Permits:
All permits shall be subject to application fees and deposits as outlined and required in the current
Municipal Fees and Charges By-law.
4.2.1 Building Permit:
4.2.1.1 Except as permitted in subsection 4.2.1.2 herein, unless a building permit has first
been obtained from the authority having jurisdiction, no person shall commence or
cause to be commenced:
(a)
the location, placement, erection or construction of any building or structure or
portion thereof;
(b)
the addition, extension, improvement, alteration or conversion of any building
or structure, or portion thereof;
(c)
the development of a previously unfinished basement;
(d)
the repair, rehabilitation, or renovation of any building or structure, or portion
thereof;
(e)
underpinning;
(f)
the relocation or removal of any building or structure, or portion thereof;
(g)
the excavation of any land for any purpose of erecting or location on or above
it, any building or structure;
(h)
the installation, construction, repair, renewal, alteration or extension of a
mechanical system; or
(i)
the installation, construction, alteration or extension of a spray paint operation,
spray painting booth, dip tank or other special process.
4.2.1.2 A building permit is not required for:
(a)
patching, painting or decorating;
(b)
replacement of stucco, siding or shingles with the same material;
9
(c)
replacement of doors or windows when the opening is not altered;
(d)
replacement of open 4ft by 5ft landing and stairs;
(e)
construction of fences;
(f)
installation of cabinets and shelves;
(g)
a detached accessory storage building no greater than 108 square feet in
building area but may be at the discretion of the authority having jurisdiction.
(h)
non-structural alterations or repairs where the value of such work is less than
ten thousand dollars ($10,000.00); or
(i)
a concrete pad which is not to serve as the foundation or floor of any structure.
4.2.1.3 Notwithstanding that a building permit is not required for the work described in
subsection 4.2.1.2., such work shall comply with the Code and the provisions of this
and other applicable by-law(s) and the work shall not place the building or structure
in contravention or further contravention of the Code or this or any other by-law.
4.2.1.4 Before the issuance of a building permit for cases described in subsection 5.1.17(1),
the owner shall unless the authority having jurisdiction waives such requirement
submit Letters of Assurance in the form of which is acceptable to the authority
having jurisdiction, which:
(a)
confirm that the owner has retained the necessary architect(s) or engineer(s)
for all the applicable disciplines, for professional design and inspection; and
(b)
incorporate the architect's or professional engineer's assurance of professional
design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which a professional design is
not required, the owner shall unless the authority having jurisdiction waives such
requirement submit a Letter of Assurance in the form of which is acceptable to the
authority having jurisdiction, confirming that the owner will ensure that the building will
be constructed in accordance with the Code.
4.2.1.6 Before the issuance of a building permit, all fees shall be paid in full as set out in the
Municipal Fees & Charges Fees By-law.
4.2.2. Plumbing Permit:
4.2.2.1 Except as provided in subsection 4.2.2.2, no person shall construct, extend, alter,
renew or repair or make a connection to a plumbing system unless a permit to do so
has been obtained. The permit must be obtained by a licensed plumber or the
resident owner of the property.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service water
heater is repaired or replaced, a stoppage cleared or a leak repaired, if no change to
the piping is required.
4.2.2.3 When required by the authority having jurisdiction, the application shall also be
accompanied by a plan that shows:
(a)
the location and size of every building drain, and of every trap and clean out
fitting that is on a building drain;
(b)
the size and location of every soil or waste pipe, trap and vent pipe; and
(c)
a layout of the potable water distribution system including pipe sizes and
valves.
10
4.2.2.4 When a plumbing permit is required only Licensed Utility Contractors are allowed
to connect to municipal water/sewer systems.
4.2.2.5 All construction materials and products shall be approved for use in Canada, IE,
CSA or Can ULC.
4.2.3. Occupancy Permit:
4.2.3.1 Except as otherwise permitted herein, no person shall occupy; use or permit
the occupancy; use or change the occupancy; or use any building or part
thereof for which an occupancy permit is required hereunder.
4.2.3.2 An Occupancy Permit is required from the authority having jurisdiction for the occupancy
of any new building or structure or portion thereof except a single-family dwelling where
the property owner is acting as builder or general contractor and intends to reside in the
dwelling. A property owner acting under this subsection may reside in the dwelling
without an occupancy permit prior to its completion but shall obtain an interim occupancy
permit prior to an occupancy permit.
(a)
the occupancy of any existing building or structure where an alteration is made
thereto, except a single-family dwelling, a two-family dwelling or a multi-
family dwelling without shared exit facilities;
(b)
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;
(c)
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;
(d)
a change or addition of an occupancy classification of a suite in a building; and
(e)
a change from a use not previously authorized to a new use.
4.2.3.3 Before the issuance of an Occupancy Permit, the owner shall ensure that all required
inspections have been completed and passed and all work is finished in accordance
with all applicable Codes. They shall also ensure that all documentation required by
the authority having jurisdiction has been provided and that the work done conforms
to the plans, specifications and related documents for which the building permit was
issued.
4.2.3.4 The authority having jurisdiction may issue an Interim Occupancy Permit for a
partial use of a building or structure subject to any conditions imposed by the
authority having jurisdiction.
4.2.3.5 No change shall be made in the type of occupancy or use of any building or
structure, which would place the building or structure in a different occupancy group,
or divisions within a group, unless such building or structure is made to comply with
the requirements of the Code for that occupancy group, or division within a group.
4.2.3.6 The authority having jurisdiction may issue a Temporary Occupancy Permit for the
use of a building or structure approved as a temporary building or structure.
4.2.3.7 A Temporary Occupancy Permit shall be for a period not more than six (6) months,
but before the expiration of such period, the Temporary Occupancy Permit may be
renewed by the authority having jurisdiction for two further six-month period upon
11
payment of applicable fees.
4.2.3.8 Notwithstanding apparent compliance with this by-law, the authority having
jurisdiction may refuse to issue an Occupancy Permit if the building, structure or
proposed use is to the authority having jurisdiction's knowledge in violation of a
zoning by-law, or any other by-law of the authority having jurisdiction.
4.2.3.9 An applicant for an Occupancy Permit shall supply all information requested by the
authority having jurisdiction to show compliance with this by-law and any other
relevant by-laws of the authority having jurisdiction.
4.2.3.10 The required Occupancy Permit shall be displayed and maintained in a legible
condition by the owner or the authorized agent in a location acceptable to the
authority having jurisdiction.
4.2.4. Demolition Permit:
4.2.4.1 No person shall commence or cause to be commenced the demolition of any
building or structure, or portion thereof, unless a Demolition Permit has first been
obtained from the authority having jurisdiction.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements of the
Code and a Condition of Permit Letter.
4.2.5
Development Permit:
4.2.5.1
All structures being constructed or altered that are not covered under this by-law or
Code be permitted through a development permit with the exception of subsection
3.3 "Exemptions" of this by-law.
4.2.6
General:
4.2.6.1
No permit shall be assigned or transferred unless signed authorization is received
from the assignor or transferor and assignee or transferee agreeing to the re-
assignment or transfer. The authority having jurisdiction may accept or refuse the
reassignment or transfer of a permit from one person to another.
SECTION 5: Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1
Every owner shall allow the authority having jurisdiction to enter any building or
premises at any reasonable time for the purpose of administering and enforcing the
requirements of this by-law.
5.1.2
Every owner shall obtain all permits or approvals required in connection with any
and all proposed work, prior to commencing the work to which they relate.
5.1.3
Every owner shall provide a staking certificate prepared by a legal surveyor
authorized to work in the Province of Manitoba outlining the location of the
proposed structure, for all construction with a permanent foundation for permits to be
12
issued within the Local Urban Districts of Landmark and Lorette. The approved
staking certificate shall be utilized to identify the location of the new structure prior
to construction by a qualified legal surveyor.
5.1.4
For the construction or relocation of dwellings and commercial/industrial structures,
additions, or major alterations and or repairs to a structure, the owner shall leave a
deposit, as set out in the Municipal Fees & Charges By-law, with the authority
having jurisdiction to ensure that to the satisfaction of the jurisdiction having
authority:
(a)
proper lot grades have been established;
(b)
access is installed to municipal specifications;
(c)
curb stops are in good working order; and
(d)
all necessary building inspections are completed and passed.
5.1.5
The aforementioned deposit shall be refunded in full to the Payer of the deposit upon
satisfactory completion and inspection of:
(a) rough grading of lots located within the designated Urban Areas;
(b)
inspection of curbs, curb stops, utility connections, culverts & accesses and
street where applicable;
(c)
the residence complies with the Code or any other requirements, such as
building elevations; and
(d) all necessary building inspections are completed and passed.
5.1.6
The deposit shall be forfeited when:
(a)
any inspections deemed required during the construction process have been
neglected, omitted or left incomplete for any reason;
(b)
when Final Inspection has failed by the designated employee, officers, or
employees of the municipality;
(c)
construction is not completed within twenty-four (24) months from the time of
payment of the permit, unless a twelve (12) month written extension is
obtained from the authority having jurisdiction; or
(d)
the garage pad elevation is greater or less than 3 inches from the required grade.
5.1.7
It is the responsibility of the owner to ensure all required inspections are completed
at the appropriate intervals as identified by the authority having jurisdiction.
5.1.8
The authority having jurisdiction may garnish the deposit for any required re-
inspections and missed inspections at a rate as set out in the Municipal Fees
& Charges By-law.
5.1.9
Every owner shall:
(a) ensure that the plans and specifications on which the issuance of any permit was
based are available continuously at the site of the work for audit or inspection
during working hours by the authority having jurisdiction, and that the valid
permit is posted conspicuously on the site during the entire execution of the
work;
(b) keep visible at all times during construction, the street number of the premises
in figures at least 3 inches (75 mm) high and visible from the street or sidewalk.
5.1.10
Every owner shall give notice, if required, to the authority having jurisdiction of
dates on which the owner intends to begin work prior to commencing work on the
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building site.
5.1.11
Every owner shall, before commencing the work, give notice in writing to the
authority having jurisdiction listing
(a)
the name, address and telephone number of
(i)
the contractor or other person in charge of the work;
(ii)
the engineer or architect of the work;
(iii)
the person reviewing the work; and
(iv)
any inspection or testing agency engaged to monitor the work or part
of the work.
(b)
any change in or termination or employment of such persons during the course
of the construction immediately that such change or termination occurs.
5.1.12
Every owner shall give sufficient notice to the authority having jurisdiction:
(a)
of intent to begin work that the authority having jurisdiction has directed may
be subject to audit during construction;
(b)
of intent to cover work that the authority having jurisdiction has directed may
be subject to audit during construction; and
(c)
when work has been completed; and
(d)
before occupancy.
5.1.13
Every owner shall give notice to the authority having jurisdiction:
(a)
immediately upon any change in ownership or change in the address of the
owner occurs prior to the issuance of an Occupancy Permit;
(b)
prior to occupying any portion of the building if it is to be occupied in stages;
and
(c)
of any such other notice as may be required by the authority having
jurisdiction.
5.1.14
Every owner is responsible for the cost of repair of any damage to public property or
works located thereon that may occur as a result of the owner undertaking work for
which a permit was or was not required.
5.1.15
Every owner shall when required by the authority having jurisdiction:
(a)
give such other notice to the authority having jurisdiction as may be required
by the provisions of the Code or this by-law;
(b)
make, or have made at the owner's expense, the tests or inspections necessary
to prove compliance and provide copies of all such tests;
(c)
provide up-to-date Survey or Building Location Certificate of the building side;
(d)
uncover and re-cover at the owner's own expense any work that has been
covered contrary to an order issued by the authority having jurisdiction;
(e)
be responsible for the cost of repair of any damage to public property or works
located thereon that may occur as a result of the owner undertaking work for
which a permit was or was not required; and
(f)
ensure that that during the construction process, no unsafe conditions exist or
will exist because of the work being undertaken.
5.1.16
Every owner shall, where required, obtain an Occupancy Permit from the
authority having jurisdiction before any:
(a)
occupancy of a building or part of it after construction, partial demolition or
major alteration of that building; or
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(b)
change in the occupancy of any building or part of it.
5.1.17
Should occupancy occur before the completion of any work being undertaken, every
owner shall ensure that no unsafe condition exists or will exist because of the work
being undertaken or not completed.
5.1.18
The granting of a permit by the authority having jurisdiction shall not in any way
relieve the owner of a building, from full responsibility for carrying out the work or
having it carried out in accordance with these requirements, including ensuring that
the occupancy of the building, or any part of it, is in accordance with the terms of the
permit.
5.1.19
When a building or part of a building is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe condition.
5.1.20
(1) Every owner who undertakes to construct or have constructed a building which:
(a)
has structural components falling within the scope of Part 4 of the Code;
(b)
has structural components specifically requiring a professional engineer
design in accordance with the Code; or
(c)
requires the use of firewalls according to the Code; shall ensure that an
architect, engineer or both are retained to undertake professional design
and inspection.
(2) Professional design and inspection referred to in subsection 5.1.19 (1) requires
that an architect, engineer or both be responsible:
(a)
for the design and that all appropriate plans, specifications and related
documents meet the requirements of the Code, and the requirements of
applicable acts, regulations and by-laws, and bear the seal or stamp of the
registered professional; and
(b)
for inspection of construction to ensure compliance with the design and
the requirements of applicable acts, regulations and by-laws.
(3) If the engagement of an architect or engineer pursuant to subsection 5.1.19 is
terminated during the construction period, work shall be discontinued until a
replacement has been appointed.
(4) The requirements of section 5.1.19(1), (2), and (3) of this by-law, shall apply to a
change in occupancy, an alteration, addition, reconstruction or the relocation of a
building where and as required by the authority having jurisdiction.
5.1.21
Where the dimensions of a structural component are not provided in Part 9 of the
Code for use in a building within the scope of that part, and such dimensions are to
be determined on the basis of calculation, testing or other means of evaluation, the
owner shall retain the services of an architect or engineer and copies of the reports
are to be submitted to the authority having jurisdiction.
5.1.22
Every owner who undertakes to construct, alter, reconstruct, demolish, remove or
relocate a building shall provide supervision and co-ordination of all work and
trades.
5.1.23
Every owner shall ensure that all materials, systems, equipment, and the like used in
the construction, alteration, reconstruction or renovation of a building meet the
15
requirements of applicable acts, regulations and by-laws for the work undertaken.
5.1.24
It shall be the owner's responsibility for waste management of construction debris
and its removal.
5.2
Duties and Responsibilities of the Contractor:
5.2.1 Every Contractor shall ensure that all construction safety requirements of the Code
Are met.
5.2.2 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.
5.2.3 Every Contractor is responsible jointly and severally with the owner for work
undertaken. During the construction process, every contractor must ensure that the
construction site is kept safe and that any open excavations or hazards are clearly
marked and barricaded.
5.2.4 Every Contractor is responsible jointly and severally with the owner to ensure all
required permits are obtained prior to commencing work.
5.3
Duties and Responsibilities of Authority Having Jurisdiction:
5.3.1 The authority having jurisdiction shall administer this by-law and shall have the
powers of enforcement more particularly set out in subsection 5.5 herein.
5.3.2 The authority having jurisdiction shall keep copies of all applications received,
permits and orders issued, inspections and tests made, and of all papers and
documents connected with the administration of the Code and this by-law for such
time as required by the provisions of the Municipal Act (Manitoba).
5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out in
subsection 5.5.2 herein, the authority having jurisdiction shall issue in writing such
notices or orders as may be necessary to inform the owner of the contravention(s) of
the Code or this by-law.
5.3.4 The authority having jurisdiction shall provide, when requested to do so, all reasons
for refusal to grant a permit.
5.4
Duties and Responsibilities of the Architect and/or Engineer:
5.4.1 When an architect and/or engineer is retained, the designer shall ensure that the
design of the building conforms to the Code.
5.4.2 Every architect and/or engineer 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;
16
(c)
copies of all inspection reports for inspections done by the designer and others,
and
(d)
any other documentation or certification required by the authority having
jurisdiction.
5.4.3 Every architect and/or engineer shall ensure that all materials, systems, equipment or
related matter specified for the construction, alteration, reconstruction or renovation
of a building meet the requirements of the Code and the requirements of applicable
Acts, regulations, Schedule "A" "Municipal Servicing Standards for Design and
Construction" of this by-law and other by-laws of the Municipality for the work to be
undertaken.
5.4.4 When an engineer or architect is required by the Code or the requirements of this by-
law, they shall do inspections to ensure that the construction conforms to the design
and the Code.
5.4.5 If the responsible architect and/or engineer withdraw from the project, such architect
and/or engineer shall immediately advise the authority having jurisdiction.
5.4.6 Prior to the consideration of issuance of an Occupancy Permit, the responsible
architect and/or engineer shall, where required by the authority having jurisdiction,
submit a certificate stating:
"The construction has been reviewed under my supervision in accordance with
recognized professional inspection standards, and that to the best of my/our
knowledge the structure was constructed in accordance with the accepted drawings
and specifications and requirements of the applicable by-laws".
5.4.7 The architect and/or engineer shall sign, date and seal all documents referred to in
this section of the by-law.
5.5
Powers of the "Authority Having Jurisdiction":
5.5.1 The authority having jurisdiction may enter any building or premises at any
reasonable time to audit for compliance with the Code or this or any other by-law or
to determine if an unsafe condition exists.
5.5.2 The authority having jurisdiction is empowered to issue orders for:
(a)
an owner or authorized agent to hold at specific stages of construction in order
to facilitate an audit or inspection;
(b)
a person who contravenes these requirements to comply with them within the
time period that may be specified by the authority having jurisdiction in
writing;
(c)
work to stop on the building or any part of a building, if such work is
proceeding in contravention of these requirements, or if there is deemed to be
an unsafe condition;
(d)
the removal of any unauthorized encroachment on public property;
(e)
the removal of any building or part of a building constructed in contravention
of these requirements;
(f)
the cessation of any occupancy in contravention of these requirements;
(g)
the cessation of any occupancy if any unsafe condition exists because of work
being undertaken or not completed; and
17
(h)
correction of any unsafe condition.
5.5.3 The authority having jurisdiction may direct that tests of materials, equipment,
devices, construction methods, structural assemblies or foundation conditions be
made, or sufficient evidence or proof be submitted at the expense of the owner,
where such evidence or proof is necessary to determine whether the material,
equipment, device, construction or foundation condition meets these requirements.
5.5.4 The authority having jurisdiction, may require an owner to submit, in addition to the
information required in section 4.1.1 of this by-law, a staking certificate or Building
Location Certificate (BLC) being not more than 1 year old and prepared by a
registered land surveyor, architect or professional engineer, as is appropriate to the
work, and which shall contain sufficient information regarding the site and the
location of any building:
(a) to establish before construction begins that all the requirements related to this
information will be met; and
(b) to verify that, upon completion of the work, all such requirements have been
met.
5.5.5 The authority having jurisdiction may require the owner to submit a geotechnical
report prepared by a professional engineer as is appropriate to the work, whenever
deemed necessary. When a primary building is to be constructed within 100' of the
Seine riverbank in a designed flood area, the owner shall submit a geotechnical
report prepared by a professional engineer as is appropriate to the work,
5.5.6 The authority having jurisdiction may ask for any other documentation or tests
deemed necessary at the expense of the owner.
5.5.7 Notwithstanding any other provisions herein, wherein the opinion of the authority
having jurisdiction the site conditions, the size or complexity of a building, part of a
building or building component warrant, or for any other reason, the authority having
jurisdiction, may require that the owner have the following done at his/her expense:
(a) the appropriate plans, specifications and related documents be reviewed by and
bear the seal or stamp of an architect or engineer; and
(b) the work be inspected during construction by the architect or engineer
responsible for the work.
5.5.8 The authority having jurisdiction may issue a building permit at the risk of the owner
with, if necessary, conditions to ensure compliance with these requirements and any
other applicable regulations, to excavate or to construct a portion of a building before
all the plans of the project have been submitted to the authority having jurisdiction.
5.5.9 The authority having jurisdiction may refuse to issue any permit:
(a) whenever information submitted is inadequate to determine compliance with the
provisions of these requirements;
(b) whenever incorrect information is found to have been submitted;
(c) that would authorize any building work or occupancy that would not be
permitted by these requirements; or
(d) that would be prohibited by any other Act, regulation or by-law.
5.5.10 The authority having jurisdiction may revoke a permit by written notice to the permit
18
holder if:
(a) there is contravention of any condition under which the permit was issued;
(b) the permit was issued in error;
(c) the permit was issued on the basis of incorrect information; or
(d) the work is being done contrary to the terms of the permit.
5.5.11 The authority having jurisdiction may place a valuation on the cost of the work for
the purpose of reporting. Such valuation shall take precedence over any valuation
provided by the owner.
5.5.12 The authority having jurisdiction may issue an Occupancy Permit, subject to
compliance with provisions to safeguard persons in or about the premises, to allow
the occupancy of a building or part of the building for the accepted use, before
commencement or completion of the construction or demolition work.
5.5.13 When any building, construction or excavation or part of it is in an unsafe condition,
as a result of being open or unguarded, or because of danger from fire or risk of
accident because of its ruinous or dilapidated state, faulty construction, abandonment
or other state, and when notice to correct such condition has not been complied with,
the authority having jurisdiction may:
(a)
demolish, remove or make safe such building, construction excavation or part of
it at the expense of the owner and may recover such expense in like manner as
municipal taxes;
(b) take such other measures as may considered necessary to protect the public;
(c) issue to the owner an order or notice in writing to correct any unsafe conditions
observed in any building.
5.5.14 Notwithstanding any other provisions herein, when, in the opinion of the authority
having jurisdiction, immediate measures need to be taken to avoid an imminent
danger, the authority having jurisdiction may take such action as is appropriate,
without notice and at the expense of the owner.
5.5.15 The authority having jurisdiction may withhold issuing an Occupancy Permit on
completion of the building or part of the building, until the owner has provided letters to
certify compliance with the Code, these requirements and the requirements of applicable
Acts, regulations or by-laws.
SECTION 6 Appeal
6.1
Any person aggrieved by any decision or order of the authority having jurisdiction
as to the issuance of permits, the prevention of construction or occupancy of
building, the demolition or removal of building, or structures, or any other matter
herein may, within thirty (30) days from the date of the decision, appeal to the
Council. All decisions or orders remain in effect during the appeal process.
6.2
Council may hear the appeal as a committee of the whole or by subcommittee
especially established for this purpose.
6.3
Upon the hearing of an appeal, the Council may:
(a) uphold, rescind, suspend or modify any decision or order given by the
authority having jurisdiction;
(b) extend the time within which compliance with the decision or order shall be
19
made; or
(c) make such other decision or order as in the circumstances of each case it deems
just;
6.4
The decision or order of the Council upon being communicated to the appellant, shall
stand in place of the decision or order against which appeal is made, and any failure
to comply with the decision or order is an offense.
SECTION 7 Offenses and Penalties
7.1
Any owner or contractor who commences work prior to obtaining the required
permits herein, shall be levied a penalty of double the permit fee but not less than
one hundred dollars ($200.00) at time of permit application. Council may alter any
penalties by resolution.
7.1.1 The owner or contractor may appeal any penalty levied within thirty (30) days of
written notification as per Section 6 of this by-law.
7.2
Any person who contravenes or disobeys, or refuses or neglects to obey:
(a) any provision of the Code or this by-law or any provision of any other by-law
that, by this by-law, is made applicable; or
(b) any order or decision of the Council under Section 6 herein for which no other
penalty is herein provided is guilty of any offense and liable, on summary
conviction, to a fine not less than five hundred dollars or double the permit fee,
not exceeding five thousand dollars ($5,000.00), or in the case of an individual,
to imprisonment for a term not exceeding six (6) months or to both such fine and
such an imprisonment;
(c) and/or be fined under the current Provincial Offices Act By-law for each offence
as outlined in the by-law and Provincial Legislation.
7.3
Where a corporation commits an offense against the Code or this by-law, each
Director or Officer of the corporation who authorized, consented to, connived at, or
knowingly permitted or acquiesced in, the doing of the act that constitutes the
offense, is likewise guilty of the offenses and liable, on summary conviction, to the
penalty for which provision is made in subsection 7.2 of this by-law.
7.4
Where the contraventions are continuous by the owner and/or contactor, the
authority having jurisdiction reserves the right to refuse future and to suspend
current existing permits.
7.5
Where the contravention, refusal, neglect, omission, or failure, continues for more
than one day, the person is guilty of a separate offense for each day it continues.
SECTION 8
Repeal
8.1
This by-law repeals By-Law No. 1906 as well as any amending by-laws,
resolutions passed or schedules amended, dealing with this by-law.
8.2
The repeal of the by-laws in section 8.1 shall not revive any by-law or any provision
20
of any by-law repealed by them, nor shall the said repeal prevent the effect of any
saving clause in the said by-law or the application of any of the said by-law or any
other by-law or provision of law formerly in force to any transaction matter or thing
anterior to the said repeal to which they would otherwise apply.
8.3
The repeal of By-law No. 1906 shall not affect:
(a) any penalty, forfeiture or liability incurred before the time of such repeal, or
any proceedings for enforcing the same, had, done, completed or pending at the
time of such repeal;
(b) any action, suit, judgement, decree, certificate, execution, process, order, rule
or any proceeding, matter or thing whatever, respecting the same had, done,
made, entered, granted, completed, pending, existing or in force at the time of
such repeal;
(c) any act, deed, right, title, interest, grant, assurance, registry, rule, regulation,
contract, lien, charge, matter or thing had, done, made, acquired, established or
existing at the time of such repeal;
(d) any office, appointment, commission, salary, allowance, security, duty or any
matter or thing appertaining thereto at the time of such repeal;
(e) any bond, note, debenture, debt, or other obligation made, executed, or entered
into by the Municipality at the time of such repeal;
(f) disturb, invalidate, or prejudicially affect any other matter or thing whatsoever had,
done, completed, existing or pending at the time of such repeal.
SECTION 9 Amendments
9.1 Any schedules attached to this by-law may be amended by resolution of Council.
SECTION 10 Effective Date
10.1 This By-Law shall come into force and take effect on the date of its enactment.
DONE AND PASSED as a by-law of the R. M. of Taché in the Province of Manitoba this 19th
day of November , 2019 A.D.
Mayor
Chief Administrative Officer
Read a first time this 24th day of September , 2019 A.D.
Read a second time this 22nd day of October , 2019 A.D.
Read a third time this 19th day of November , 2019 A.D.