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Bylaw P-900, Building Bylaw
BYLAW P-900
MUNICIPALITY OF EAST HANTS
BYLAW NUMBER P-900-1, AN AMENDMENT TO BYLAW P-900
BUILDING BYLAW
WHEREAS Section 7 of the Building Code Act enables the Council of the Municipality to make a Bylaw
not inconsistent with the Act or the Building Code Regulations.
BE IT ENACTED by the Council of the Municipality of East Hants, as follows:
1.
SHORT TITLE
1.1.
This bylaw shall be known as the Building Bylaw.
2.
DEFINITIONS
2.1.
Unless otherwise defined herein, definitions contained in the Building Code Act, Nova
Scotia Building Code Regulations, and Nova Scotia Building Code also apply to this Bylaw.
2.2.
In this Bylaw:
(a)
"Building Official" means any person appointed to that position by the
Council of the Municipality of the District of East Hants pursuant to the
Building Code Act.
(b)
"Commercial Construction Site" means a construction site where the use
of the property containing the construction site, following the completion
of the construction work, will be either a multiple unit dwelling over four
units, or a commercial/institutional building over 230 m2, or a combination
of both.
(c)
"Construction Fence" means a fence required to be erected on a
commercial construction site under the provisions of this Bylaw.
(d)
"Owner" includes a person controlling the property under consideration,
and also prima facie the assessed owner of the property whose name
appears on the assessment role prepared in accordance with the
Assessment Act;
(e)
"Building Code Act" or "Act" means Chapter 46 of the Revised Statutes of
Nova Scotia, 1989, the Building Code Act;
(f)
"Nova Scotia Building Code Regulations" or "Regulations" refer to
Bylaw P-900, Building Bylaw
BYLAW P-900
regulations made pursuant to Section 4 of the Building Code Act.
3.
APPLICATION
This Bylaw shall apply to the entire Municipality of the District of East Hants.
4.
PERMITS
4.1 An application form shall be completed in full before a building permit, demolition
permit, or occupancy permit is issued.
4.2 All applicable fees, as established in the Municipal Fees Policy, shall be paid in full
before a building permit, occupancy permit, or demolition permit, is issued.
4.3 Every application for a permit shall require the minimum information, as per the Building
Code Regulations, and in addition the following shall be required:
(a)
email address (if available);
(b)
a plot plan showing the location and size of the proposed structure on the
lot and indicating the distance from all property lines and existing
structures;
(c)
all fees associated with the application;
(d)
such additional information as may be required by the authority having
jurisdiction.
4.4 When an application for a permit has not been completed in conformance with the
requirements of this Bylaw within six months after it is filed, the application shall be
deemed to have been abandoned and shall be closed.
4.5 A permit is valid for two (2) years from the date of issue and may be renewed upon
written request for a period not to exceed one (1) year.
4.6 Building permits are not required for the following, although the Building Code shall still
apply:
(a)
accessory buildings, not used for human habitation, not greater than 20
Bylaw P-900, Building Bylaw
BYLAW P-900
square metres in building area;
(b)
interior and exterior non-structural material alterations and material
repairs with a monetary value of ten thousand dollars ($10,000) or less.
4.7 A Building Official may, if applicable, withhold a building permit until satisfied that the
following requirements have been met:
(a)
a notification for an on-site sewage system, as per Nova Scotia Environment
Regulations, has been received for the construction of a building requiring
a new private sewage disposal system;
(b)
any applicable permit or permission issued by Nova Scotia Transportation
and Infrastructure Renewal or the Municipal Traffic Authority, or any legal
access over a private road or through a right-of-way easement, for access
to the property;
(c)
permission from the appropriate authority for construction of a structure
within a designated watershed;
(d)
all approvals, with applicable fees paid in full, for the installation and
hook-up of Municipal water and sewer infrastructure;
(e)
a Certificate of Appropriateness from the Municipal Heritage Officer;
(f)
any required approval to alter or demolish a Municipal Heritage Property in
accordance with the Heritage Property Act.
(g)
a valid development permit issued by the Municipal Development Officer.
(h)
A Construction Fence has been installed on a Commercial Construction Site
where Municipal water and/or wastewater services are available and when
the Commercial Construction Site is located adjacent to a residential
building, sidewalk, walkway, pathway, or other pedestrian link, and shall
be installed in accordance with the following provisions:
i)
the construction fence shall be erected and in place on the property
prior to the commencement of construction work;
ii)
shall be erected on the property around the perimeter of the
construction site so as to fully enclose the construction site;
iii)
shall be a minimum height of 1.8 m;
iv)
shall be built of wood, chain link, or welded-wire panels;
v)
shall be built to deter entry to the site by unauthorized persons;
Bylaw P-900, Building Bylaw
BYLAW P-900
vi)
shall be maintained and kept in a sturdy and upright position and
shall at all times be well anchored and secure; and
vii)
the Building Official may authorize modifications to the construction
fencing provisions, where satisfied that the proposed modifications
meet the intentions of this bylaw and do not compromise public
safety.
4.8 A Building Official may withhold issuing a building permit until satisfied that any and all
applicable regulations of the East Hants Bylaw Respecting Lot Grading and Drainage,
Maitland Heritage Conservation District Plan and Bylaw, Heritage Property Act, East
Hants Land Use Bylaw, East Hants Subdivision Bylaw and/or a Development Agreement
have been complied with.
4.9 A Building Official shall withhold an occupancy permit until satisfied that the following
have been completed:
(a)
the owner has posted a valid civic number as required by East Hants Bylaw
P-800, Civic Addressing Bylaw;
(b)
a Certificate of Installation has been received for an on-site sewage
system, where applicable;
(c)
all requirements under the Bylaw Respecting Lot Grading and Drainage
have been adhered to;
(d)
the owner has installed a backflow prevention device on the Municipal
water service where required by the Municipality;
(e)
the owner has installed a backwater valve on the Municipal sewer service
where required by the Municipality.
5.
INSPECTIONS
5.1 Every owner shall notify the Building Official at least 48 hours in advance to inspect for
compliance with the Bylaw, the Building Code Act and corresponding Regulations.
Bylaw P-900, Building Bylaw
BYLAW P-900
6.
REPEAL AND REPLACE
The previous version, and all other versions of the Building Bylaw, are repealed and replaced by
this bylaw.
I, Kim Ramsay, CAO & Municipal Clerk of the Municipality of East Hants, hereby certify that the above
noted bylaw was passed at a meeting of the East Hants Municipal Council on February 23, 2022.
Kim Ramsay, CPA, CMA
CAO & Municipal Clerk
Bylaw Adoption
First Reading:
March 29, 2017
Notice of Publication:
April 12, 2017
Second Reading and Enactment:
April 26, 2017
Final Publication:
May 10, 2017
Notice to Service Nova Scotia & Municipal Relations:
May 10, 2017
Bylaw Adoption - Amendment P-900-1 (P-900)
First Reading:
January 26, 2022
Website and Social Media Notifications:
February 2, 2022
Formal Notice of Publication:
February 2, 2022
Second Reading:
February 23, 2022
Bylaw P-900, Building Bylaw
BYLAW P-900
Bylaw Adoption - Amendment P-900-1 (P-900)
Website and Social Media Notifications:
March 2, 2022
Final Publication and Enactment:
March 2, 2022
Enacted Bylaw posted to the website:
March 1, 2022
Notice to the Province of Nova Scotia:
March 2, 2022
Version Number
Amendment Description
Council Approval Date
1.0
Building Bylaw
June 22, 2005
2.0
Bylaw P-900, Building Bylaw - Updated Bylaw
name and number system. Updated references
and names of provincial departments. Updated
Municipal requirements for cross-connection
valves. Removal of fee chart.
April 26, 2017
3.0
Bylaw P-900-1 - Added provisions for
construction site fencing.
February 23, 2022