Building By-law 2017-06 — full text, St-Pierre-Jolys, Manitoba

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 10d0768a15e4 · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE VILLAGE OF ST. PIERRE-JOLYS BUILDING BY-LAW 2017-06 Being a bylaw of the Village de/of St. Pierre-Jolys to regulate the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building or addition to a building in the Village de/of St. PierreJolys. WHEREAS the Village of St. Pierre-Jolys is empowered by the Buildings and Mobile Homes Act, CCSM, c. B93, to, by by-law, adopt The Manitoba Building Code; 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 Village of St. Pierre-Jolys, duly assembled, enacts as follows: SECTION 1 Title This by-law may be cited as the Village de/of St. Pierre-Jolys Building By-law SECTION 2 Scope and Definitions ## 2.1 Scope: - 2,1.1 This by-law applies to the whole of the Village de/of St. Pierre-Jolys - 2.1.2 This bylaw applies to the administration and enforcement of the design, construction, erection, placement and occupancy of new buildings, and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings and any requirements that are necessary to correct unsafe conditions in existing buildings. - 2.1.3 The requirements of the Code are hereby adopted and shall apply to all work falling within the scope and jurisdiction of this by-law. - 2.1.4 Any construction or condition that lawfully existed before the effective date of this By-law need not conform to the requirements of this by-law if such construction or condition does not constitute and unsafe condition in the opinion of the authority having jurisdiction. ## 2.2 Definitions: - 2.2.1 The words and terms in italics in this by-law shall have the meaning prescribed in subsection 2.2.3 herein, and if no definition is provided herein they shall have the meanings as prescribed in the Code. Should a word or term be defined in both this by-law and the Code, then the definition set forth in this by-law shall govern. - 2.2.2 Definitions of words and phrases used in this by-law that are not specifically defined in the Code or in this subsection shall have the meanings that are commonly assigned to them in the context in which they are used in these requirements, considering the specialized use of terms within the various trades and professions to which the terminology applies. - 2.2.3 Words and terms in italics in this by-law shall have the following meanings: "Audit" "Authority having jurisdiction" " Alteration" means a random review of design or construction work by the authority having jurisdiction to ascertain compliance with the Code and this by-law means the Village of St. Pierre-Jolys and where the context requires, such building inspector or other authority lawfully appointed by the Village of St. Pierre-Jolys to administer and enforce the provisions of this by-law. means a change or extension to any matter or thing or to any occupancy regulated by this by-law "Architect" means any person who is engaged for hire, gain or hope of reward in the Planning or review for others of the erection, enlargement or alteration of buildings by persons there that aimself and licensed with the Manitoba Association o Architects. "Accessory Building" "Building" "Building Inspector" "Building and Mobile Homes Act" "Building Occupancy Permit" "Code" "Condominium" means a building that is not used for human habitation and has no cooking facilities, or sleeping areas, hot tubs but excludes farm outbuildings. means any structure used or intended for supporting or sheltering any use or occupancy. this by the person appointed by Counil to administer and enforce applies to the construction, erection, placement, alteration repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building or addition to a building. Excludes part 09 buildings, buildings under 108 sq. ft. Applies to anything commenced or completed before June 14, 1974. means permission or authorization issued in writing pursuant to this by-law to occupy and building or part thereof in the municipality. means the Manitoba Building Code as established, adopted and revised from time to time under Section 3 of the Buildings and Mobile Homes Act. is a unit as described in the Condominium "Constructor" "Council" "CSA" "Design Professional" any person engaged by the owner to perform any work required in building permit. means the municipal council of the Village of St. Pierre-Jolys. means the Canadian Standards Association referring to architects or professional engineers that are: - A registered member of the Manitoba Association of Architects, authorized to practice architecture in the Province of Manitoba under the Architects Act; or - A registered member of the Association of Professional Engineers and Geoscientists of Manitoba (APEGM), authorized to practice engineering in the Province of Manitoba under the Engineers Act and skilled in the appropriate area of work concerned. is written approval from the Village that your plans are in accordance to the St. Pierre-Jolys Zoning Bylaw regulations. You are required to have a valid development permit before you can apply for a building permit to construct the building or structure, or to apply for a business license. It is not the same as a building permit. A development permit allows a specific type of development on a specific parcel of land in the community to proceed with the zoning and development bylaws of the Village of St. Pierre-Jolys. means buildings used for the purpose of grain growing, raising or keeping farm stock, growing nursery stock or market gardening. means something on the outside, or to be used on the outside, or something that comes from the outside. An example of exterior is paint meant for the outside of a house. "Development Permit" "Farm Building" "Exterior of Building" | "Major Occupancy" | means the primary purpose of the building(s) on the property | |-----------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "ccupancy" | means the use of a building or part thereof for the shelter or support of persons, animals or property. | | "Occupancy Permit" | means a permit issued after the final inspection | | "OFC" | means the Office of the Fire Commissioner | | "Owner" | means any person, firm or corporation controlling the property under consideration. | | "Permit" | means permission or authorization in writing by the authority having jurisdiction to perform work required by the by-law and in the case of an occupancy permit, to occupy any building or part thereof. | | "Professional Engineer" | means any person who holds a certificate of registration to engage in the practice of Engineering and is registered with the Association of Professional Engineers and Geoscientists of Manitoba | | "Pre-Manufactured Dwelling" | means a dwelling that has all components manufactured off site, and fully assembled on site. | | "RTM" | means ready to move new houses, or dwelling units, commonly referred to as modular homes, as governed by the current National Building Code of Canada, or buildings constructed in one location and moved to a different location. | | "Secondary Suite" | means a second dwelling unit (self-contained living quarters including cooking equipment and a bathroom). located within the structure of an owner-occupied single- family dwelling such as an attached suite, garage suite and detached suite. | | "Solar Panel" | a panel designed to absorb the sun's rays as a source of energy for generating electricity | | "Structure" | means anything constructed or erected with a fixed location on or in the ground or attached to something having a fixed location on or in the ground that shall include but not be limited to the following: mobile homes, walls, fences, signs, billboards, poster panels, light standards, swimming pools, air conditioners, heating and cooling units, pulse furnaces, satellite dishes. | | "Temporary" | means a removable structure permitted on a temporary basis | | "Temporary Buildings" | means a removable building permitted on a temporary basis during construction | | "Temporary Use" | means a removable use permitted on a temporary basis during construction | | "Tiny Houses" | between 100-400 sq. ft. has a under carriage, the typical size of a small home seldom exceeds 500 square feet (46 m'). The typical tiny house on wheels is usually less than 8 ft. by 20 ft., with livable space totaling 108 square feet or less, for ease of towing and to exempt it from the need for a building permit | | "Travel Trailer" | mobile home which can be licensed under MB Hwy. Traffic Act | | "Unit" | means a part of the land designated as a unit on a plan and includes the space enclosed by its boundaries and all the land, | "Unsafe Condition" "Used house" "Valuation" ## SECTION 3 GENERAL - 3.1 Application Generally: This by-law applies to the design, construction, erection, placement and occupancy of new buildings and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings. ## 3.2 Limited Application to Existing Buildings: - 3.2.1 When a building or any part of it is altered or repaired, the Code applies to the parts of the building altered or repaired except that where in the opinion of the 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 stories of an existing building or structure shall not be increased unless the entire building or structure conforms with the requirement of the Code. - 3.2.3 The requirements of this by-law apply where the whole or any part of a building is relocated either within or into the area of jurisdiction of the authority having jurisdiction. - 3.2.4 When a building is damaged by fire, earthquake or other cause, the Code, the requirements of this by-law and the appropriate regulations under the Fire Prevention Act, and the Manitoba Fire Code, apply to the work necessary to reconstruct damaged portions of the building. When 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 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, 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 bylaw and the appropriate regulations under the Fires Prevention Act, and the Manitoba Fire Code, shall apply to the work necessary to correct the unsafe condition. - 3.2.7 When the occupancy of a building or any part of it is changed, the requirements of this by-law apply to all parts of the building effected by the change. buildings, structures and fixtures within that space. (« partie privative ») means a structure or property in such a condition that it may be unsafe for people or animals and cause possible physical harm to people or animals, or have not complied with his by-law or the building code. means a dwelling that is not of new construction, that has been previously occupied. shall mean the total monetary worth of all construction or work, including all painting, papering, roofing, electrical work, plumbing, permanent or fixed equipment, including or permanent heating, elevator equipment or fire sprinkler equipment, and all labor, materials and other devices entering into and necessary to the prosecution of the work in its completed form. No portion of any building including, mechanical, electrical and plumbing work, shall be excluded from the valuation for a permit. - 3.2.8 When a building is enlarged beyond its existing size, the requirements of this bylaw apply to all parts of the building. ## 3.3 Temporary Structures, Temporary Buildings, Temporary Uses: The provisions or this section shall apply to all districts as follows: - 3.3.1 Temporary Buildings, structures and uses which are incidental and necessary to construction in the same District may be permitted on a temporary basis, subject to the issuance of a development permit, for the following purposes: - For storage of construction materials and equipment incidental and necessary for construction; - For office space for contractor or developer; and - For temporary accommodation. Temporary accommodation shall be limited to a travel trailer (as defined herein). A temporary building shall not be used as temporary accommodation unless it complies with the Manitoba Building Code for residential occupancies. - 3.3.2 Temporary buildings, structures and uses shall not be detrimental to the public health, convenience, general welfare and/or amenity of the district in which said uses are located. Temporary building, uses or structures must be constructed, erected and/or placed in such a manner that they can be removed upon completion of construction. Following completion of construction, said uses may be converted to a permitted or conditional use or accessory use, provided that all building Code and zoning by-law requirements are complied with. - 3.3.3 A development permit for a temporary building, structure or use shall be subject to such terms and conditions as required by the authority having jurisdiction or the Development Officer. ## 3.4 Exemptions: - 3.4.1 These requirements do not apply to - a) sewage, water, electrical, telephone, rail or similar systems located on a street or a public transit right of way. - b) Public utility towers or poses, television and radio or other communication aerials and towers, except for loads resulting from those located on or attached to buildings. - c) flood control and hydroelectric dams and structures - d) mechanical or other equipment and appliances not regulated in this by law - e) Accessory storage buildings not greater than 10 square meters (108 sq. ft.) in building area subject to the concurrence of the authority having jurisdiction. - f A farm building, other than a farm building used as a residence, an attached garage or carport ## 3.5 Prohibitions: - 3.5.1 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. - 3.5.2 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. - 3.5.3 No person shall deviate from the accepted plans and specifications forming part of the permit, or omit or fail to complete, prior to occupancy, work required by the said accepted plans and specifications, without first having obtained the acceptance of the authority having jurisdiction to allow such deviation except for minor changes to accepted plans and specifications which, when completed would not cause a violation of the Code or other bylaws. - 3.5.4 Where an occupancy permit is required by Section 4.2.3 herein, no person shall occupy or allow the occupancy of any building, or part thereof, or change the occupancy, unless and until an occupancy permit has been issued by authority having jurisdiction. - 3.5.5 No person shall knowingly submit false or misleading information to the authority having jurisdiction concerning any matter relating to this by-law. - 3.5.6 No person shall excavate or undertake work on, over or under public property, or erect or place any construction or work or store any materials thereon without receiving prior approval in writing from the appropriate government authority. - 3.5.7 No person shall allow the ground elevations or the property boundaries of a building lot to be changed so as to place a building, or part of it, in contravention of the requirements of this by-law, unless the building, or part of it is so altered after obtaining the necessary permit, such that no contravention will occur because of the change of the property boundary or grades. - 3.5.8 No person shall allow the ground elevations of a building lot or site to be changed so as to cause surface water to flow or drain towards a building on the same lot or site, or, unto an adjacent lot or building site. - 3.5.9 No person shall restrict or intend to restrict surface water to flow or drain its natural - 3.5.10 The authority having jurisdiction shall determine on a site by site basis what the grade elevations should be. ## 3.6 RTM's, Used RTM, Modular Homes, Pre-Manufactured Homes, Mobile Homes, Tiny Homes - 3.6.1 RTM's, Modular Homes, Pre-Manufactured Homes, Mobile Homes, Tiny Homes shall comply with the requirements of the Code and shall be preapproved by the authority having jurisdiction - 3.6.2 The authority having jurisdiction may require any or all of the following in respect to RTM, Modular Homes, Pre-Manufactured Homes, Mobile Homes, Tiny Homes 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; - b) the seal on 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 RTM in the location of its construction together with a copy of any or all inspection reports; - e) CSA or OFC Label for mobile homes - d) such inspections or certifications as the authority having jurisdiction may deem necessary in order to ensure compliance with the Code and this by-law. - f) Wet stamp approved wood burning appliances - 3.6.3 In the case of a used RTM or used home the authority having jurisdiction requires that: a) the building be inspected by the building inspector prior to the structure entering into the municipality and prior to the issuance of a permit; - b) that the RTM, Modular Homes, Pre-Manufactured Homes, Mobile Homes, Tiny Homes, meet all requirements stated on the permit; - c) that the RTM, Modular Homes, Pre-Manufactured Homes, Mobile Homes, Tiny Homes is less than 5 years old from the date of request of the permit. ## SECTION 4 PERMITS ## 4.1 Application: - 4.1.1 Except as otherwise allowed by the authority having jurisdiction, every application for a permit shall be in the form prescribed by the authority having jurisdiction and shall: - a) identify and describe in detail the work and occupancy to be covered by the permit for which the application is made, - b) describe the land on which the work is to be done by a description that will readily identify and locate the building lot, - c) state the valuation of the proposes work and be accompanied by the required fee as set out on Schedule A hereto; and, - d) include those plans and specifications set out on Schedule B hereto (unless otherwise waived by the authority having jurisdiction), and show the occupancy of all parts of the building, - e) state the names addresses and telephone numbers of the owners, architect, professional engineer or other design professional, constructor and any inspection or testing agency engaged to monitor the work or part of the work. - f) Include such additional information as may be required by the authority haying jurisdiction. 3. 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 extended by the authority having jurisdiction) be deemed to have been abandoned and can only be reinstated by refiling. 4. 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 unless otherwise extended by the authority having jurisdiction. - b) the work authorized under the permit is suspended for six months unless otherwise extended by the authority having jurisdiction. - c) The exterior of the building is not completed within 12 months from the date of issue of the permit unless otherwise extended by the authority having jurisdiction. 8. 4.1.4 Any revision to the original application described in article 4.1.1 shall be made in the same manner as for the original permit. 9. 4.1.5 Applications for permits may be filed, and permits may be issued to an owner, or to a constructor or other properly authorized agent of the owner. 10. 4.1.6 If after two (2) years of the date of the original application the authority having jurisdiction may require refiling of a permit if the building is not completed. ## 4.2 Permits: ## 4.2.1 Building Permits: - 4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building or development permit has first been obtained from the authority having jurisdiction, no person shall commence or cause to be commenced: - a) the location, placement, erection or construction of any building or structure or portion thereof; - b) the addition, extension, improvement, alteration or conversion of any building or structure, or portion thereof; - c) the repair, rehabilitation, or renovation of any building or structure, or portion thereof; - d) underpinning, - e) the relocation of removal of any building or structure, or portion thereof; - f) the excavation of any land for any purpose of erecting or location on or above it, any building or structure; - g) the installation, construction, repair renewal, alteration or extension of a mechanical system; - h) the installation, construction, alteration or extension of a spray paint operation, spray painting, booth, dip tank or other special process or; - i) the alteration, addition, erection or re-erection of a sign; - j) any construction, extension, alteration, renewal or repair or make a connection to a plumbing system unless a permit to do so has been obtained. ## 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; - c) Replacement of doors or windows when the opening is not altered; - d) Replacement of open landing and stairs; - e) Construction of fences but will require a development permit; 6. f Installation of cabinets and shelves; - g) A detached accessory storage building not greater than 10 square meters (108 sq. ft.) in building area but will require a development permit; - h) Surfacing of driveway on private property 9. 4.2.1.3 Notwithstanding that a building permit is not required for the work described in Article 4.2.1.2, such work shall comply with the Code and the provisions of this or other applicable by-laws and the work shall not place the building or structure in contravention or further contravention of the Code or this or any other by-law. 10. 4.2.1.4 Before the issuance of a building permit for cases described in Subsection 5.1.23(1), the owner shall (unless the authority having jurisdiction waived such requirement) submit Letters of Assurance in the forms set out in Schedules C and D, as attached hereto, which: - a) confirm that the owner has retained the necessary architects or professional engineers for all the applicable disciplines, for professional design and inspection; and - b) incorporate the architects' or professional engineer's assurance of professional design and commitment for inspection. 13. 4.2.1.5 Before the issuance of a building permit, for cases in which professional design is not required, the owner shall (unless the authority having jurisdiction waives such requirement) submit a Letter of Assurance, in the form set out in Schedule E as attached hereto, confirming that the owner will ensure that the building will be constructed in accordance with the Code. 14. 4.2.1.6 When a building or part of it is in an unsafe condition, the owner shall immediately take all necessary action to put the building in a safe condition. ## 4.2.2. Plumbing Permits: - 4.2.2.1 Except as provided in sentence 4.2.2.2., no person shall construct, extend, alter, renew or repair or make a connection to a plumbing system unless a permit to do so has been obtained. - 4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service water heater is repaired or replace, 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. ## 4.2.3. Occupancy Permits: Except as otherwise permitted herein, no person shall occupy or use or permit the occupancy or use or change the occupancy or use of any building or part thereof, for which an occupancy permit is required hereunder ## 4.2.3.1 An Occupancy Permit is required from the authority having jurisdiction for: - a) the occupancy of any new building or structure or portion thereof including a single-family dwelling, a two-family dwelling or a multifamily dwelling without shared exit facilities; - b) the occupancy of any existing building or structure where an alteration is made thereto, including 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 4. 4.2.3.5 The authority having jurisdiction may issue a Temporary Occupancy Permit for 5. the use of a building or structure approved as a temporary building or structure. 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 to the occupant load; - e) for a change or addition of an occupancy classification of a suite in a building; and - f) for a change from a use not previously authorized to a new use. - 4.2.3.2 Before the issuance of an occupancy permit, the owner shall) unless the authority having jurisdiction waives such requirement submit Letters of Assurance in the form set out in the applicable Schedules F and G, as attached hereto, confirming that the construction of the building, work or project conforms with the plans, specifications and related documents for which the building permit was issued - 4.2.3.3 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. - requirements of the Code or that occupancy group, or division within a group. - 4.2.3.5 The authority having jurisdiction may issue a temporary occupancy permit for the use of a building or structure approved as a temporary building or structure. - 4.2.3.6 A Temporary Occupancy Permit shall be for a period not more than six (6) months, but before the expiration of such period, the Temporary Occupancy Permit may be renewed by the authority having jurisdiction for two further six months periods. - 4.2.3.7 Notwithstanding apparent compliance with this by-law, the authority having jurisdiction may refuse to issue an Occupancy Permit if the building, structure or proposed use is to the authority having jurisdiction's knowledge in violation of a Zoning by-law, or any other by-law of the authority having jurisdiction. - 4.2.3.8 An applicant for an Occupancy Permit shall supply all information requested by the authority having jurisdiction to show compliance with the by-law and any other relevant by-laws of the authority having jurisdiction. - 4.2.3.9 The required Occupancy Permit shall be displayed and maintained in a legible condition by the owner or his agent in a location acceptable to the authority having jurisdiction. ## 4.2.4. Demolition Permits: - 4.2.4.1 No person shall commence or cause to be commenced the demolition of any building or structure, or portion thereof, unless a Demolition Permit has first been obtained from the authority having jurisdiction. - 4.2.4.2 The demolition of a building or structure shall be subject to the requirements of the Code. ## PRIVATE SWIMMING POOLS AND HOT TUBS - 4.2.5 This section applies to private and semi-private swimming pools, hot tubs and similar structures when accessory to a residential use: - Outdoor pools and hot tubs shall comply with yard requirements for accessory buildings and uses as set forth in TABLE 6.2: RESIDENTIAL BULK TABLE of this PART. In no case shall an outdoor pool or hot tub be located closer than five - b. All outdoor pools and hot tubs shall be completely enclosed with a fence or other suitable barrier constructed or erected in accordance with the following: - it shall have a minimum height of six (6) feet including gates, which shall be self-closing and equipped with a lockable latch to prevent unauthorized entry; - ii. there shall be no openings other than an entry to a building at a gate and it shall be so constructed as to prevent a child from crawling under either the fence or gate; - iii. where a chain link fence is used, the outside surface of the enclosure shall be relatively smooth so as not to provide foot or toe holds; and - iv. the enclosure surrounding an outdoor pool shall be maintained in good repair. - C. Notwithstanding Section 6.6.2.a of this PART, open decks and open stairways associated with the outdoor pools or hot tubs may project to within two (2) feet of any side or rear site line; - d. Semi-private pools, which are not located on the property of a single-family dwelling and used solely by the occupant of said dwelling or his guests, are subject to the regulations governing swimming pools under the Public Health Act. - e. Nothing in this Section shall relieve any such structure from complying with spatial, structural, electrical, plumbing, health and safety or separation requirements contained in regulations under The Building and Mobile Homes Act, Public Health Act or other applicable statutes. 4. A permit from council will be required to establish this use. ## 4.2.6. General: - 4.2.6.1 No permit shall be assigned or transferred without the written consent of the authority having jurisdiction. ## SECTION 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 proposed work, prior to commencing the work to which they relate - 5.1.3 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 Schedule A of this by-law, with the authority having jurisdiction to ensure that to the satisfaction of the municipality: - (a) proper lot grades have been established; - (b) access is installed to municipal specifications; - (c) curb stops are in good working order; - (d) all necessary building inspections are completed and passed. - 5.1.4 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 Manitoba Building Code or any other requirements, such as building elevations. - (d) all necessary building inspections are completed and passed. - 5.1.5 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; - (d) the garage pad elevation is greater or less than 3inches from the required grade. - 5.1.6 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. - 5.1.7 The authority having jurisdiction may garnish the deposit for any required reinspections at a rate as set out in Schedule A of this by-law. - 5.1.8 The garnishment or forfeiture of a deposit may be appealed, in writing within fifteen (15) days from the time of notification, to council or designated sub-committee as per Section 6 of this by-law. - 5.1.9 Every owner shall: - a) ensure that the plans, specifications and building permit, on which the issue on any permit was based are available continuously at site of the work for audit or inspection during working hours by the authority having jurisdiction. - b) and that the permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work. - 5.1.10 Every owner shall give notice to the authority having jurisdiction of dates on which he intends to begin work prior to commencing work on the building site. - 5.1.11 Every owner shall before be commencing the work, give notice in writing to the authority having jurisdiction, prior to commencing the work, listing - the name, address and telephone number of - i. the constructor or other person in charge of the work; - ii. the design professional of the work (architect/engineer) - ili. the person reviewing the work; - 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 before occupancy. - 5.1.13 Every owner shall give notice in writing to the authority having jurisdiction - immediately upon 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; - c) of any such other notice, as may be required by the authority having jurisdiction. - 5.1.14 Every owner shall give such other notice to the authority having jurisdiction as may be required by the provisions of the Code or this by-law. - 5.1.15 Every owner shall make, or have made at his own expense, the tests or inspections necessary to prove compliance with these requirements and shall promptly provide a copy of all such tests or inspection reports to the authority having jurisdiction when and as required by the authority having jurisdiction. - 5.1.16 Every owner shall provide an up-to-date survey of the building site when and as required by the authority having jurisdiction - 5.1.17 When required by the authority having jurisdiction, every owner shall uncover and recover at his own expense any work that has been covered contrary to an order issued by the above authority. - 5.1.18 Every owner is responsible for the cost of repair of any damage to public property or works located thereon that may occur as a result of undertaking work for which a building permit was or was not required. - 5.1.19 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 alteration of that building, or - b) change in the occupancy of any building or part of it - 5.1.20 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. - 5.1.21 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. - 5.1.22 When a building or part of it is in an unsafe condition the owner shall immediately take all necessary action to put the building in a safe condition. - 5.1.23 (1) Every owner who undertakes to construct or have constructed a building which shall ensure that an architect, professional engineer or both are retained to undertake professional design and inspection. - 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, - (2) Professional design and inspection referred to in sentence (1) requires that an architect, professional engineer or both be responsible - a) for the design and that all appropriate plans, specifications and related documents meet the requirements of the Code, and the requirements of applicable acts, regulations and by-laws, and bear the seal or stamp of the registered professional, - 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 professional engineer pursuant to Sentences 5.1.23. (1) and (2) is terminated during the construction period, work shall be discontinued until a replacement has been appointed. - (4) The requirements of Sentences 5.1.23(1), (2), and (3) shall apply to a change in occupancy, an alteration, addition, reconstruction or the relocation of a building where and as required by the authority having jurisdiction - 5.1.24 Where the dimensions of a structural component are not provided in Part 9 of the Code for use in a building within the scope of that part, and such dimensions are to be determined on the basis of calculation, testing or other means of evaluation, the owner shall retain the services of an architect or professional engineer. - 5.1.25 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or relocate a building shall provide supervision and coordination of all work and trades. - 5.1.26 Every owner shall ensure that all materials, systems, equipment, and the like used in the construction alteration, reconstruction or renovation of a building meet the requirements of applicable acts, regulations and by-laws for the work undertaken. - 5.2 Duties and Responsibilities of the Constructor: - 5.2.1 Every constructor shall ensure that all construction safety requirements of the Code are complied with. - 5.2.2 Every constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part thereon without approval first having been obtained in writing from the authority having jurisdiction. (i.e. appropriate permit issued) - 5.2.3 Every constructor is responsible jointly and severally with the owner for work actually done. ## 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 Article 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 5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out in Article 5.5.2 herein, the authority having jurisdiction shall issue in writing such notices or orders as may be necessary to inform the owner of the contravention of the Code or this by-law. - 5.3.4 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 Design Professional; - 5.4.1 When a design professional is retained, the design professional shall ensure that the design of the building conforms to the Code. - 5.4.2 When a professional engineer or architect is required by the Code or the requirements of this by-law, they shall do inspections to ensure that the construction conforms to the design and the Code. - 5.4.3 Every design professional is required to submit to the authority having jurisdiction: - all information needed for review of the design; - any changes to the design for which a permit has or may be issued; - copies of all inspection reports for inspections done by the design professional and others, and - d) any other documentation or certification required by the authority having jurisdiction. - 5.4.4 Every design professional shall ensure that all materials, systems, equipment or related matter specified for the construction, alteration, reconstruction or renovation of a regulations and by-laws for the work to be undertaken. - 5.4.5 If the responsible architect and or professional engineer withdraws from the project, he shall immediately advise the authority having jurisdiction. - 5.4.6 Prior to the issuance of an occupancy permit, the responsible architect and/or professional engineer shall, where required by the authority having jurisdiction, submit - a certificate stating: "The construction has been reviewed under my supervision in accordance with recognized professional inspection standards, and that to the best of my/our knowledge the structure was constructed in accordance with the accepted drawings and specifications and requirements of the applicable by-laws" - 5.4.7 The responsible architect and/or professional engineer shall sign, date and seal all of the documents referred to in this article. ## 5.5 Powers of 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 these requirements, or to determine if an unsafe - 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) time period that may be specified; - c) work to stop on the building or any part of it if such work is proceeding in contravention of these requirements, or if there is deemed to be an unsafe condition; - d) the removal of any unauthorized encroachment on public property; - e) the removal of any building or part of it constructed in contravention of these requirements; 2. the cessation of any occupancy in contravention of these requirements; - g) the cessation of any occupancy if any unsafe condition exists because of work being undertaken or not completed, and - h) correction of any unsafe condition. - i) the failure to comply with conditions of a resolution of council pertaining to a permit. 6. 5.5.3 The authority having jurisdiction may direct the 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. 7. 5.5.4 The authority having jurisdiction may require an owner to submit, in addition to the information required in Article 4.1.1, an up-to-date plan or survey, prepared by a registered land surveyor, architect or professional engineer, as is appropriate to the work, and which shall contain sufficient information regarding the site and the location of any building - a) to establish before construction begins that all the requirements related to this information will be complied with; and - b) to verify that, upon completion of the work, all such requirements have been complied with. 10. 5.5.5 The authority having jurisdiction may ask for any other documentation or tests deemed necessary at the expense of the owner. 11. 5.5.6 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 professional engineer, and 13. the work be inspected during construction by the architect or professional engineer responsible for the work. 14. 5.5.7 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. 15. 5.5.8 The authority having jurisdiction may refuse to issue a permit - b) whenever incorrect information is found to have been submitted, - a) whenever information submitted is inadequate to determine compliance with the provisions of these requirements, - c) that would authorize any building work or occupancy that would not be permitted by these requirements - d) that would be prohibited by any other Act, regulation or by-law. 20. 5.5.9 The authority having jurisdiction may revoke a permit by written notice to the permit holder if - a) there is contravention of any condition under which the permit was issued, - b) the permit was issued in error, or - c) the permit was issued on the basis of incorrect information, - d) the work is being done contrary to the terms of the permit. 25. 5.5.10 The authority having jurisdiction may place a valuation on the cost of the work for the purpose of determining permit fees. Such valuation shall take precedence over any valuation provided by the owner: 26. 5.5.11 The authority having jurisdiction may issue an occupancy permit, subject to compliance with provisions to safeguard persons in or about the premises, to allow the occupancy of a building or part of it for the accepted use, before commencement or completion of the construction or demolition work. - 5.5.12 When any building construction or excavation or part of it is in an unsafe condition, as a result of being open or unguarded, or because of danger from fire or risk of accident because of its ruinous or dilapidated state, faulty construction, abandonment or other, and when due 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, and - take such other measures as he may consider necessary to protect the public. - c) the owner, occupier, agent or person in charge of the building or structure, or of a well excavation or opening, that is deemed to be unsafe cannot be located, or in cases where service is impracticable, the unsafe 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. - 5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the authority having jurisdiction, immediate measures need to be taken to avoid an imminent danger, the authority having jurisdiction may take such action as is appropriate, without notice and at the expense of the owner. - 5.5.14 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. - 5.5.15 The authority having jurisdiction may issue to the owner an order or notice in writing to correct any unsafe conditions observed in any building. ## SECTION 6 Appeal - 6.1 Any person aggrieved by any decision or order of the authority having jurisdiction as to the issuance of permits, the prevention of construction or occupancy of buildings, the demolition or removal of buildings, or structures, or any other matter herein may, within fifteen (15) days from the date of the decision, appeal to the Council. All decisions or orders remain in effect during the appeal process. - 6.2 Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose. - 6.3 Upon the hearing of an appeal, the Council may: - a) uphold, rescind, suspend or modify any decision or order given by the authority having jurisdiction; - extend the time within which compliance with the decision or order shall be made, or - c) make such other decision or order as in the circumstances of each case it deems and the decision or order of the Council upon being communicated to the appellant, shall stand in place of the decision or order against which appeal is made and any failure to comply with the decision or order is an offense. ## SECTION 7 Offenses and Penalties - 7.1 Any person who contravenes or disobeys, or refuses or neglects to obey certain provisions of this by-law, shall be charged a penalty with respect to specific contraventions of the bylaw and in the amounts and in accordance to the penalties as shown and outlined in Schedule "H" hereto attached, and, where such contravention, refusal, omission, or failure, continues for more than one day, the penalty shall apply for each and every day it continues, and, if the person fails to pay such penalties within 30 days of notice of such contravention, refusal, omission, or failure, the penalties shall be added to the appropriate real property tax roll. - 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 bylaw that, by this by-law is made applicable; or - any order or decision of the authority having jurisdiction under Article 6 herein; for which no other penalty is herein provided is guilty of any offense and liable, on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00), or in the case of an individual, to imprisonment for a term not exceeding six months or to both such fine and such an imprisonment - 7.3 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 7.1 and 7.2 aforesaid. - 7.4 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 ## THIS POINT FORWARD FOR OFFICE USE ONLY Section 8 Repeal - 8.1 By-law No. - 8.2 The repeal of the by-law(s) in the last preceding section mentioned shall not revive any by-law or any provision of any by-law repealed by them, nor shall the said repeal prevent the effect of any saving clause in the said by-laws or the application of any of the said by-laws or any other by-law or provision of law formerly in force to any transaction matter or thing anterior to the said repeal to which they would otherwise apply. - 8.3 And the repeal of the said by-laws should not affect: - 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 - any action. Suit, judgment, decree, certificate, execution, process, order, rule or any proceeding, matter or thing whatever, respecting the same had, done, made, entered, granted, completed, pending, existing or in force at the time of such - c) Any act, deed, right, title, interest, grant, assurance, registry, rule, regulation, contract, lien, charge, matter or thing had, done, made, acquired, established or existing at the time of such repeal; - d) Any office, appointment, commission, salary, allowance, security, duty or any matter or thing appertaining thereto at the time of such repeal - e) Any bond, note, debenture, debt, or other obligation made, executed, or entered into by the Corporation at the time of such repeal; - f) Shall and such repeal defeat, disturb, invalidate, or prejudicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal. Effective Date: This by-law is hereby adopted and shall come into full force on the second day of August, 2017. DONE and PASSED by the Council of the Village of St. Pierre-Jolys, in open session duly assembled this 2nd day of August A.D. 2017   Malles Mayor in hide Received 1st reading the 5th day of July A.D. 2017 Received 2nd reading the 2nd day of August A.D. 2017 Received 3"d reading the 2nd day of August A.D. 2017