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CITY OF THOMPSON
BY-LAW NUMBER 1644-98
[As amended by AM B/Ls 1754-07, 1767-08, 1784-09 and 1836-2010]
BEING THE CITY OF THOMPSON BUILDING BY-LAW.
SECTION |
TITLE
This By-law may be cited as the City of Thompson Building By-law.
2.1
2.1.1
2.1.2
2.1.4
2.2
2.2.1
2.2.2.
SECTION Il
SCOPE AND DEFINITIONS
SCOPE:
This by-law applies to the whole of the City of Thompson.
This by-law applies to administration and enforcement in the design,
construction, erection, placement and occupancy of new buildings, and
the alteration, reconstruction, demolition, removal, relocation, occupancy
and change in occupancy of existing buildings and any requirements that
are necessary to correct unsafe conditions in existing buildings.
The requirements of the Code are hereby adopted and shall apply to all
work falling within the scope and jurisdiction of this by-law.
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.
DEFINITIONS:
Definitions 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.
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.
Consolidated Building By-law No. 1644-98 Page 2
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 City of Thompson and, where the context requires, such Building
Inspector or other authority lawfully appointed by the City of Thompson to
administer and enforce the provisions of this by-law.
CODE
Means the Manitoba Building Code as established, adopted and revised from
time to time under Section 3 of the Buildings and Mobile Homes Act, The
National Building Code, The Manitoba Plumbing Code and The National
Plumbing Code.
COUNCIL
Means the Municipal Council of The City of Thompson.
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 individual, corporation, partnership, firm, joint venture,
syndicate, association or trust, and any other form of entity or organization.
RTM
Means ready to move houses being houses or buildings constructed in one
location and moved to a different location.
VALUATION
Shall mean the total monetary worth of all construction or work, including all
painting, papering, roofing, electrical work, plumbing, permanent or fixed
equipment, including any permanent heating, elevator equipment or fire sprinkler
equipment, and all labour, materials and other devices entering into and
necessary to the prosecution of the work in its completed form. No portion of any
building including, mechanical, electrical and plumbing work, shall be excluded
from the valuation for a permit.
Consolidated Building By-law No. 1644-98 Page 3
3.1
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
SECTION Ill
GENERAL
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.
LIMITED APPLICATION TO EXISTING BUILDINGS
When a building or any part of it is altered or repaired, the Code applies to
the parts of the building altered or repaired of the building altered or
repaired except that where in the opinion of the authority having
jurisdiction, the alteration will affect the degree of safety of the existing
building, the existing building shall be improved as may be required by the
authority having jurisdiction.
The number of storeys of an existing building or structure shall not be
increased unless the entire building or structure conforms with the
requirement of the Code.
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.
When the whole or part of a building is demolished, the requirements of
this by-law apply to the work involved in the demolition and to the work
required to any parts remaining after demolition to the extent that
deficiencies occurring or remaining after demolition require correction.
When a building is damaged by fire, earthquake or other cause, the Code,
the requirements of this by-law and the appropriate regulations under the
Fire Prevention Act, and the Manitoba Fire Code, apply tot he work
necessary to reconstruct damaged portions of the building.
When an unsafe condition exists in or about a building, the Code, the
requirements of this by-law and the appropriate regulations in the Fire
Prevention Act, and the Manitoba Fire Code, shall apply tot he work
necessary to correct the unsafe condition.
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.
Consolidated Building By-law No. 1644-98 Page 4
3.3
3.3.1
3.4
3.4.1
3.4.2
3.4.3
3.4.4
3.4.5
EXEMPTIONS
These requirements do not apply to:
a) sewage, water, electrical, telephone, rail or similar systems located
on a street or a public transit right of way.
b) public utility towers or poles, television and radio or other
communication aerials and towers, except for loads resulting from
those located on or attached to buildings.
Cc) flood control and hydro electrical dams and structures.
d) mechanical or other equipment and appliances not regulated in this
by-law.
e) accessory buildings not greater than 10 square meters in building
area subject to the concurrence of the authority having jurisdiction.
PROHIBITIONS
Any person who fails to comply with any order 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.
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.
No person shall deviate from the accepted plans and specifications
forming part of the permit, or omit or fail to complete, prior to occupancy,
work required by the said accepted plans and specifications, without first
having obtained the acceptance of the authority having jurisdiction to allow
such deviation except for minor changes to accepted plans and
specifications which, when completed would not cause a violation of the
Code or other by-laws.
Where an occupancy permit is required by Section 4.2.3 herein, no person
shall occupy or allow the occupancy of any building, or part thereof, or
change the occupancy, unless and until an occupancy permit has been
issued by the authority having jurisdiction.
No person shall knowingly submit false or misleading information to the
authority having jurisdiction concerning any matter relating to this by-law.
Consolidated Building By-law No. 1644-98 Page 5
3.4.6
3.4.7
3.5
3.5.1
3.5.2
4.1
4.1.1
No person shall excavate or undertake work on, over or under public
property, or erect or place any construction or work or store any materials
thereon without receiving prior approval in writing from the appropriate
government authority.
No person shall allow the ground elevations or the property boundaries of
a building lot to be changed so as to place a building, or part of it, in
contravention of the requirements of this by-law, unless the building, or
part of it, is so altered, after obtaining the necessary permit, such that no
contravention will occur because of the change of the property boundary
or grades.
MOBILE HOMES AND RTM’s
Mobile homes and/or RTM’s shall comply with the requirements of the
Code.
The authority having jurisdiction may require any or all of the following in
respect to a mobile home or RTM sought to be located within the area of
jurisdiction of the authority having jurisdiction.
a) the submission of a complete set of plans and specifications;
b) the seal of an Engineer licensed in the Province of Manitoba in
respect to all building components requiring professional
certification;
Cc) submission of copies of any or all permits taken out for the mobile
home or RTM in the location of its construction together with a copy
of any or all inspection reports;
d) such inspections or certifications as the authority having jurisdiction
may deem necessary in order to ensure compliance with the Code
and this by-law.
SECTION IV
PERMITS
APPLICATION
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;
Consolidated Building By-law No. 1644-98 Page 6
4.1.2
4.1.4
4.2
4.2.1
b) describe the land on which the work is to be done by a description
that will readily identify and locate the building lot.
Cc) state the valuation of the proposed work and be accompanied by
the required fee as set out in Schedule “A” hereto; and
d) include those plans and specifications set out on Schedule “B”
hereto and show the occupancy of all parts of the building.
e) state the names, addresses and telephone numbers of the owners,
architect, professional engineer or other designer, constructor and
any inspection or testing agency engaged to monitor the work or
part of the work.
f) include such additional information as may be required by the
authority having jurisdiction.
[AM B/L 1784-2009]
When as 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.
A permit shall expire and the right of an owner under the permit shall end
if
a) the work authorized by the permit is not commenced within six
months from the date of issue of the permit and actively carried out
after that, or
b) the work authorized under the permit is suspended for six months
unless otherwise extended by the authority having jurisdiction.
Any revision to the original application described in article 4.1.1 shall be
made in the same manner as for the original permit.
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.
PERMITS
BUILDING PERMITS
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has
first been obtained from the authority having jurisdiction, no person shall
commence or cause to be commenced:
Consolidated Building By-law No. 1644-98 Page 7
a)
b)
f)
9)
h)
i)
the location, placement, erection or construction of any building or
structure or portion thereof;
the addition, extension, improvement, alteration or conversion of
any building or structure, or portion thereof;
the repair, rehabilitation, or renovation of any building or structure,
or portion thereof.
underpinning;
the relocation or removal of any building or structure, or portion
thereof;
the excavation of any land for any purpose of erecting or location
on or above it, any building or structure;
the installation, construction, repair, renewal, alteration or extension
of a mechanical system;
the installation, construction, alteration or extension of a spray paint
operation, spray painting booth, dip tank or other special process;
or
the alteration, addition, erection or re-erection of a sign.
4.2.1.2 A building permit is not required for:
a)
b)
Cc)
d)
e)
f)
9)
h)
patching, painting or decorating;
replacement of stucco, siding or shingles;
[AM B/L 1836-2010]
replacement of doors or windows when the opening is not altered;
replacement of open landing and stairs;
construction of fences;
installation of cabinets and shelves;
a detached accessory storage building not greater than 10 square
meters in building area;
non-structural alterations or repairs where the value of such work is
less than ten thousand dollars ($10,000.00).
[AM B/L 1836-2010]
Consolidated Building By-law No. 1644-98 Page 8
4.2.1.3 Notwithstanding that a building permit is not required for the work
described in Article 4.2.1.2, such work shall comply with the Code and the
provisions of this or other applicable by-laws and the work shall not place
the building or structure in contravention or further contravention of the
Code or this or any other by-law.
4.2.1.4 Before the issuance of a building permit for cases described in Subsection
5.1.17(1), the owner shall submit Letters of Assurance in the forms set out
in Schedules “C” and “D”, as attached hereto, which:
a) confirm that the owner has retained the necessary architects or
professional engineers for all the applicable disciplines, for
professional design and inspection, and
b) incorporate the architects’ or professional engineers assurance of
professional design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which professional
design is not required, the owner shall submit a Letter of Assurance, in the
form set out in Schedule “E” as attached hereto, confirming that the owner
will ensure that the building will be constructed in accordance with the
Code.
4.2.2 PLUMBING PERMITS
4.2.2.1 Except as provided in sentence 4.2.2.2, no person shall construct, extend,
alter, renew or repair or make a connection to a plumbing system unless a
permit to do so has been obtained.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service
water heater is repaired or replaced, a stoppage cleared or a leak
repaired, if no change to the piping is required.
4.2.2.3 When required by the 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
Cc) a layout of the potable water distribution system including pipe
sizes and valves.
Consolidated Building By-law No. 1644-98 Page 9
4.2.3 OCCUPANCY PERMITS
4.2.3.1 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)
b)
d)
e)
f)
the occupancy of any new building or structure or portion thereof
including a single-family dwelling, a two-family dwelling or a multi-
family dwelling without shared exit facilities.
[AM B/L 1784-2009]
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;
[AM B/L 1784-2009]
for a change from one Major Occupancy group to another ora
change from one division to another within a Major Occupancy
group in any existing building or structure, or part thereof;
for a change from one use to another within the same division in a
Major Occupancy group which results in an increase in the
occupant load;
for a change or addition of an occupancy classification of a suite in
a building, and
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 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.
4.2.3.4 No change shall be made in the type of occupancy or use of any building
or structure, which would place the building or structure in a different
occupancy group, or division 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.
Consolidated Building By-law No. 1644-98 Page 10
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 month 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 removal,
relocation or demolition of any building or structure, or portion thereof,
unless a removal, relocation or 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.
4.2.5 GENERAL
4.2.5.1 No permit shall be assigned or transferred without the written consent of
the authority having jurisdiction.
SECTION V
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.
Consolidated Building By-law No. 1644-98 Page 11
5.1.2
5.1.4
Every owner shall obtain all permits or approvals required in connection
with proposed work, prior to commencing the work to which they relate.
Every owner shall:
a)
b)
ensure that the plans and specifications on which the issue of any
permit was based are available continuously at site of the work for
audit or inspection during working hours by the authority having
jurisdiction, and that the permit, or true copy thereof, is posted
conspicuously on the site during the entire execution of the work.
keep visible at all times during construction the street number of the
premises in figures at least 3 inches (75mm) high and visible from
the street or sidewalk.
Every owner shall give notice to the authority having jurisdiction of dates
on which he intends to begin work prior to commencing work on the
building site.
Every owner shall before commencing the work, give notice in writing to
the authority having jurisdiction, prior to commencing work, listing.
a)
b)
the name, address and telephone number of:
i) the constructor or other person in charge of the work;
ii) the designer of the work;
ili) the person reviewing the work; and
iv) any inspection or testing agency engaged to monitor the
work or part of the work.
any change in or termination or employment of such persons during
the course of the construction immediately that such change or
termination occurs.
Every owner shall give sufficient notice to the authority having jurisdiction.
a)
b)
of intent to begin work that the authority having jurisdiction has
directed may be subject to audit during construction.
of intent to cover work that the authority having jurisdiction has
directed may be subject to audit during construction; and
when work has been completed and before occupancy.
Consolidated Building By-law No. 1644-98 Page 12
5.1.7
5.1.10
5.1.11
5.1.12
5.1.13
5.1.14
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
Cc) of any such other notice as may be required by the authority having
jurisdiction.
Every owner shall give such other notice to the authority having
jurisdiction as may be required by the provisions of the Code or this by-
law.
Every owner shall make, or have made at his own expense, the tests or
inspections necessary to prove compliance with these requirements and
shall promptly provide a copy of all such test or inspection reports tot he
authority having jurisdiction when and as required by the authority having
jurisdiction.
Every owner shall provide an up-to-date survey of the building site when
and as required by the authority having jurisdiction.
When required by the authority having jurisdiction, every owner shall
uncover and re-cover at his own expense any work that has been covered
contrary to an order issued by the above authority.
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.
Every owner shall, where required, obtain an occupancy permit from the
authority having jurisdiction before any;
[AM B/L 1784-2009]
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.
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.
Consolidated Building By-law No. 1644-98 Page 13
5.1.15 The granting of a permit by the authority having jurisdiction shall not in any
way relieve the owner of a building from full responsibility for carrying out
the work or having it carried out in accordance with these requirements,
including ensuring that the occupancy of the building, or any part of it, is in
accordance with the terms of the permit.
5.1.16 When a building or part of it is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe
condition.
5.1.17 1) Every owner who undertakes to construct or have constructed a
building which:
a) has structural components falling within the scope of Part 4
of the Code.
b) has structural components specifically requiring a
professional engineer design in accordance with the Code,
or
Cc) requires the use of firewalls according to the Code.
d) shall ensure that an architect, professional engineer or both
are retained to undertake professional design and
inspection.
2) Professional design and inspection referred to in sentence (1)
requires that an architect, professional engineer or both be
responsible.
a) for the design and that all appropriate plans, specifications
and related documents meet the requirements of the Code,
and the requirements of applicable acts, regulations and by-
laws, and bear the seal or stamp of the registered
professional, and
b) for inspection of construction to ensure compliance with the
design and the requirements of applicable acts, regulation
and by-laws.
3) If the engagement of an architect or professional engineer pursuant
to Sentences 5.1.17(1) and (2) is terminated during the construction
period, work shall be discontinued until a replacement has been
appointed.
Consolidated Building By-law No. 1644-98 Page 14
5.1.18
5.1.19
5.1.20
5.2
5.2.1
5.2.2
5.2.3
5.3
5.3.1
5.3.2
4) The requirements of Sentences 5.1.17(1), (2) and (3) shall apply to
a change in occupancy, an alteration, an addition, reconstruction or
the relocation of a building where and as required by the authority
having jurisdiction.
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.
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.
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.
DUTIES AND REPSONSIBILITIES OF THE CONSTRUCTOR
Every Constructor shall ensure that all construction safety requirements of
the Code are complied with.
Every Constructor is responsible for ensuring that no excavation or other
work is undertaken on public property, and that no building is erected or
materials stored in whole or in part thereon without approval first having
been obtained in writing from the Council.
Every Constructor is responsible jointly and severally with the owner for
work actually taken.
DUTIES AND RESPONSIBILITIES OF AUTHORITY HAIVNG
JURISDICTION
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.
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.
Consolidated Building By-law No. 1644-98 Page 15
5.3.3.
5.3.4
5.4
5.4.1
5.4.2
5.4.3
5.4.4
5.4.5
5.4.6
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.
The authority having jurisdiction shall provide, when requested to do so,
all reasons for refusal to grant a permit.
DUTIES AND RESPONSIBILITIES OF THE DESIGNER
When a designer is retained, the designer shall ensure that the design of
the building conforms to the Code.
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.
Every designer is required to submit to the authority having jurisdiction:
a) all information needed for review of the design;
b) any changes to the design for which a permit has or may be issued;
Cc) copies of all inspection reports of inspections done by the designer
and others; and
d) any other documentation or certification required by the authority
having jurisdiction.
Every designer shall ensure that all materials, systems, equipment or
related matter specified for the construction, alteration, reconstruction or
renovation of a building meet the requirements of the Code and the
requirements of applicable Acts, regulations and by-laws for the work to
be undertaken.
If the responsible architect and or professional engineer withdraws from
the project, he shall immediately advise the authority having jurisdiction.
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.”
Consolidated Building By-law No. 1644-98 Page 16
5.4.7
5.5
5.5.1
5.5.2
5.5.3
5.5.4
The responsible architect and/or professional engineer shall sign, date
and seal all of the documents referred to in this article.
POWERS OF AUTHORITY HAVING JURISDICTION
The authority having jurisdiction may enter any building or premises at any
reasonable time to audit for compliance with the Code or these
requirements, or to determine if an unsafe condition exists.
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;
Cc) work to stop on the building or any part of it if such work is
proceeding in contravention of these requirements, or if there is
deemed to be an unsafe condition;
d) the removal of any unauthorized encroachment on public property.
e) the removal of any building or part of it constructed in contravention
of these requirements;
f) the cessation of any occupancy in contravention of these
requirements;
g) the cessation of any occupancy if any unsafe condition exists
because of work being undertaken or not completed; and
h) correction of any unsafe condition.
The authority having jurisdiction may direct that tests of materials,
equipment, devices, construction methods, structural assemblies or
foundation conditions be made, or sufficient evidence or proof be
submitted at the expense of the owner, where such evidence or proof is
necessary to determine whether the material, equipment, device,
construction or foundation condition meets these requirements.
The authority having jurisdiction, may require an owner to submit, in
addition to the information required in Article 4.1.1, an up-to-date plan or
survey, prepared by a registered land surveyor, architect or professional
engineer, as is appropriate to the work, and which shall contain sufficient
information regarding the site and the location of any building.
Consolidated Building By-law No. 1644-98 Page 17
5.5.5
5.5.6
5.5.7
5.5.8
a) to establish before construction begins that all the requirements
related to this information will be complied with; and
b) to verify that, upon completion of the work, all such requirements
have been complied with.
The authority having jurisdiction may ask for other documentation or tests
deemed necessary at the expense of the owner.
Notwithstanding any other person herein, where in the opinion of the
authority having jurisdiction the site conditions, the size of complexity of a
building, part or 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
b) the work be inspected during construction by the architect or
professional engineer responsible for the work.
The authority having jurisdiction may issue a building permit at the risk of
the owner with, if necessary, conditions to ensure compliance with these
requirements and any other applicable regulations, to excavate or to
construct a portion of a building before all the plans of the project have
been submitted to the authority having jurisdiction.
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;
Cc) 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.
Consolidated Building By-law No. 1644-98 Page 18
5.5.9
5.1.10
5.5.11
5.5.12
5.5.13
5.5.14
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
Cc) the permit was issued on the basis of incorrect information;
d) the work is being done contrary to the terms of the permit.
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.
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.
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 dilapitated 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
b) take such other measures as he may consider necessary to protect
the public.
Notwithstanding any other provision herein, when, in the opinion of the
authority having jurisdiction, immediate measures need to be taken to
avoid an imminent danger, the authority having jurisdiction may take such
action as is appropriate, without notice and at the expense of the owner.
The authority having jurisdiction may withhold issuing an occupancy
permit on completion of the building or part of the building, until the owner
has provided letters to certify compliance with the Code, these
requirements and the requirements of applicable Acts, regulations or by-
laws.
Consolidated Building By-law No. 1644-98 Page 19
5.5.15 The authority having jurisdiction may issue to the owner an order or notice
6.1
6.2
6.3
7.1
8.1
in writing to correct any unsafe conditions observed in any building.
SECTION VI
APPEAL
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.
[AM B/L 1784-2009]
Council may hear the appeal as a committee of the whole or by
subcommittee especially established for this purpose.
Upon the hearing of an appeal, the 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 made; or
Cc) make such other decision or order as in the circumstances of each
case it deems just;
d) 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 VII
OFFENSES AND PENALTIES
Penalties will be assessed in accordance with the terms and provisions of
the City of Thompson Compliance By-law No. 1735-2007.
[AM B/L 1754-2007]
SECTION VIII
REPEAL
By-law No. 901A-78 and all amending by-laws thereto be and the same
are hereby repealed.
Consolidated Building By-law No. 1644-98 Page 20
8.2 The repeal of the by-laws in the last preceding section mentioned shall not
revive any by-law or any provision of any by-law repealed by them, nor
shall the said repeal prevent the effect of any saving clause in the said by-
laws or the application of any of the said by-laws or any other by-law or
provision of law formerly in force to any transaction matter or thing anterior
to the said repeal to which they would otherwise apply.
8.3 And the repeal of the said by-laws should not affect:
a)
b)
d)
f)
any penalty, forfeiture or liability incurred before the time of such
repeal, or any proceedings of enforcing the same, had, done,
completed or pending at the time of such repeal;
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.
any act, deed, right, title, interest, grant, assurance, registry, rule,
regulation, contract, lien, charge, matter or thing had, done, made,
acquired, established or existing at the time of such repeal;
any office, appointment, commission, salary, allowance, security,
duty or any matter or thing appertaining thereto at the time of such
repeal:
any bond, note, debenture, debt, or other obligation made,
executed, or entered into by the Corporation at the time of such
repeal:
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.
SECTION IX
EFFECTIVE DATE OF BY-LAW
This by-law shall come into force and effect on the day following the date of third
reading being given by Council.
SECTION X
OFFICERS AUTHORIZED TO EXECUTE
The proper officers shall be and they are hereby authorized to execute and
deliver, under the corporate seal of the City of Thompson, the above by-law.
Consolidated Building By-law No. 1644-98 Page 21
Read a first time this 16" day of March, 1998 A.D.
Read a second time this 23" day of March, 1998 A.D.
Read a third time this 23" day of March, 1998 A.D.
Done and passed by the Council of the City of Thompson in regular session assembled
this 23" day of March, 1998 A.D.
The City of Thompson
Per:
Mayor
Per:
City Manager
Consolidated Building By-law No. 1644-98 Page 22
Schedule “A”
Deleted in its entirety and placed in the City of Thompson Inspections and
Enforcement Services Fee and Fine Schedule
[AM B/L 1767-2008]
This is Schedule “A” to By-law No. 1644-98 respecting
“CLASSES OF PERMITS AND PERMIT FEES”
CLASS OF PERMIT FEES
(1)
Building Permit:
Basic Fee, All Permits:
Additional Fees:
- Up to $20,000.00
- Over $20,000.00
Removal/Relocation Permit
Demolition Permit
Plumbing Permit
$25.00
$5.00
Per $1,000
Valuation
$3.00
Per $1,000
Valuation
$25.00
$25.00
Plus $1.00 per
$1,000
replacement
valuation
$25.00
Plus $5.00 per
fixture
up to ten fixtures
and $3.00 per
fixture
thereafter
(5) Change of Use Permit $25.00
(6) | Occupancy Permit $25.00
(7) Sign Permit $5.00
per sign
(8) | Conditional Permit $25.00
Partial Permit
$25.00