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CONTINUING CONSOLIDATION
BUILDING BY-LAW NO. 7258
AS AMENDED BY BY-LAW NO. 7307 AND 7381.
BEING A BY-LAW of The City of Brandon to provide for the adoption of The Manitoba
Building Code (the "Code) as hereinafter defined, and to establish administrative
requirements and procedures for the enforcement of the Code, to be known as the
"Building By-law";
WHEREAS The City of Brandon is empowered by The Buildings Act (the "Act") as hereinafter
defined to adopt the Code pursuant to by-law;
AND WHEREAS it is deemed expedient and in the public interest to adopt the Code and
establish requirements and procedures for enforcement of the Code as well as all
applicable building and safety standards;
NOW THEREFORE the Council of The City of Brandon, duly assembled, enacts as follows:
[AM. B/L 7381]
PART I: SCOPE, DEFINITIONS AND APPLICATION
1.
The Code, containing building construction codes and building construction
standards, is hereby adopted and will be enforced by the City, and administrative
requirements and procedures for such enforcement are hereby established.
2.
(a)
Unless otherwise expressly provided or unless the context otherwise
requires, words and expressions in this by-law have the same meaning as the
same words and expressions in the Legislative Standards By-law, the Act, or
as defined in the Code.
(b)
This by-law shall be subject to general provisions and interpreted in
accordance with the provisions of the Legislative Standards By-law, as
appropriate.
(c)
In this by-law:
"ACT" means The Buildings Act, CCSM 1987, c.B93. [AM. B/L 7381]
"ANNUAL SCHEDULE OF FEES" means those fees for service, activities, or
other things related to this by-law and established annually by City Council
through its Fee Schedule By-law.
"APPROVED" means approved by the Authority Having Jurisdiction, unless
otherwise specified.
ACS-03-2025
"AUTHORITY HAVING JURISDICTION" means the Building Safety Manager
of the Planning, Property & Building Department, being the City's designated
agent in accordance with section 130 of The Municipal Act.
"BOARDING HOUSE (LODGING HOUSE)" means a dwelling that provides
sleeping rooms for not more than eight (8) boarders, where the sleeping
rooms form part of the proprietor's residence and do not contain separate
cook facilities.
"BUILDING" see "STRUCTURE".
"CODE" means The Manitoba Building Code as adopted by Manitoba
Regulation 78/2023, The Manitoba Plumbing Code as adopted by Manitoba
Regulation 80/2023, and the Manitoba Energy Code for Buildings as adopted
by Manitoba Regulation 79/2023, as amended, pursuant to the provisions of
the Act. [AM. B/L 7381]
"CONSTRUCT" or "CONSTRUCTION" means to do anything in the erection,
installation, extension or material alteration or repair of a building which
includes the installation of a building unit fabricated or moved from
elsewhere.
"CONSTRUCTOR" or "CONTRACTOR" means any person who contracts
with an owner or their authorized agent to undertake a project, which
includes an owner who contracts with more than one person for the work on
a project or undertakes the work on a project or any part thereof.
"DIRECTOR" means the Director of Planning & Buildings, or their authorized
designate. [AM. B/L 7381]
"ENGINEERED DESIGN DRAWING" means a drawing prepared, signed and
sealed by a professional engineer skilled in the appropriate section of work
concerned and licensed to practice in the Province of Manitoba.
"MINISTER" means the Minister appointed by the Province with the
administration of the Act.
"MUNICIPAL ACT" means The Municipal Act, CCSM 1996, c. M225.
"NOTICE" means a written warning or official statement prior to issuance of
an Order.
"OCCUPANCY" means the use or intended use of a building or part thereof
for the shelter or support of persons, animals or property.
"ORDER" means a written directive issued for non-compliance with
provisions of this by-law and requiring specific remedial actions as
stipulated therein.
"OWNER" means
(a)
the registered owner of land, property or premises whose estate or
interest in the land is defined and who is named in respect of that
interest in a subsisting
(1)
certificate of title under The Real Property Act, CCSM 1988,
c.R30;
(2)
grant registered under The Registry Act, CCSM 1987, c.R50;
(3)
instrument registered or filed in the Property Registry (Land Titles
Office);
and shall include any person, firm or corporation acting as agent for the
registered owner.
(b) a person who is an owner with another person as joint tenant or tenant
in common of a freehold estate;
(c) a person who is the registered owner of a unit under The Condominium
Act; CCSM 2011, c.C170; and
(d) a real owner, as defined in subsection 1(1) of The Municipal
Assessment Act, CCSM 1989-90, c.M226;
and includes any constructor working on behalf of an owner.
[AM. B/L 7381]
"OWNER OCCUPIED" means a residential housekeeping unit which is
occupied by the owner.
"PERMIT" means permission or authorization issued in writing by the
Authority Having Jurisdiction to perform work regulated by this by-law, and
in particular includes a Building Permit, Plumbing Permit, Demolition
Permit, Removal Permit, Relocation Permit, and Occupancy Permit all as
referred to in Part III (Permits).
"REGULATION" means any document in relation to this by-law created by
the Authority Having Jurisdiction as a regulation in accordance with the
authorities established by the Legislative Standards By-law, and those
Regulations established by Provincial or Federal statutes as the context so
requires.
"RELOCATION" means the moving of a building or structure from one
location to another location, either on the same property or to another
property.
"RENOVATION" means the reconstruction or alteration of all or part of the
interior or exterior, or both, of an existing building.
"RENEW" means to replace old material with new material without altering
the function, orientation, or performance of a structure or building system.
"REPAIR" means work done to an existing building for the purpose of
maintenance and not amounting to a renovation.
"SECONDARY SUITES" means a self-contained dwelling unit with a
prescribed floor area located in a building or portion of a building of only
residential occupancy that contains only one other dwelling unit and
common spaces, and where both dwelling units constitute a single real
estate entity.
"STRUCTURE" or "BUILDING" means anything constructed or erected with
a fixed location or in the ground or attached to something having a fixed
location on the ground and including any interpretation of the terms in the
Code.
"TEMPORARY BUILDING" means any building or structure, the existence
of which has been granted approval for a fixed period as prescribed by the
Authority Having Jurisdiction.
"UNSAFE CONDITION" means any condition that could cause undue
hazard to life, limb or health of any person and/or property on or about the
premises.
"VALUATION" means the full monetary value
(a)
of the design and construction of a building, and includes but is not
limited to all materials, labour costs, professional consultants,
equipment, appliances, fixtures and appurtenances;
(b) for the erection, alteration or enlargement of any sign or
encroachment, and includes but is not limited to the cost of any
contract for the execution of the work, including materials, labour
costs and devices necessary to complete the work;
(c)
for the demolition, removal or relocation of a building, and includes
but is not limited to the cost of demolishing or moving the building,
any alteration or repairs to the building, and cleaning and leaving the
former site in the condition specified in subsection 60(c); and
(d) based on the reproduction cost without depreciation and without
regard to any loss occasioned from fire, used material or other
causes.
3.
This by-law adopts building construction codes and building construction standards
for new construction and applies to all forms of construction, including, but not
limited to the construction, erection, placement, alteration, repair, renovation,
demolition, relocation, removal, occupancy or change in occupancy of any building,
addition to a building, erection or structure, save and except for classes or work
permits and inspections which are under the jurisdiction of the Minister pursuant to
subsection 5(1) of the Act.
4.
[REP. B/L 7307]
5.
[REP. B/L 7381]
6.
This by-law does not apply to:
(a)
Temporary, seasonal, portable and/or fabric accessory shelters such as
tents, vehicle tents, portable gazebos and pergolas provided they conform to
the standards prescribed within the City of Brandon Zoning By-law and they
do not constitute a hazard;
(b)
fences, gates, arbors and similar structures as listed in the Zoning By-law;
(c)
water, wastewater, electrical, telephone, rail or similar system located on a
street or a public transit right of way;
(d)
public utility towers and poles, flagpoles, television and radio or other
communication aerials and towers, except for loads resulting from those
located on or attached to buildings;
(e)
flood control and hydro electric dams and structures;
(f)
replacement of residential mechanical appliances including but not limited
to furnaces, hot water tanks and heat recovery ventilators; and
(g)
accessory buildings not greater than 10 square metres in building area
provided they do not create a hazard.
[AM. B/L 7381]
PART II: DUTIES, RESPONSIBILITIES AND AUTHORITIES
DIVISION I: DUTIES AND RESPONSIBILITIES
Subdivision I: Owner
7.
The owner shall:
(a)
obtain any required permits and comply with all pertinent provisions of Part
III (Permits);
(b)
ensure payment of all fees imposed by provisions of this by-law;
(c)
ensure no unsafe condition exists or will exist because of any work being
undertaken or not completed;
(d)
engage an architect or professional engineer as determined by the Code;
(e)
ensure all timelines imposed by a permit or the Authority Having Jurisdiction
are met;
(f)
ensure every statement made and all information provided in any form,
application, record or return prescribed or required under this by-law or the
Code is true and factual;
(g)
provide the Authority Having Jurisdiction with access as authorized by
section 37.
[AM. B/L 7381]
8.
The owner shall provide:
(a)
notice in writing to the Authority Having Jurisdiction, prior to commencing the
work or installing signage, stating the dates on which work is expected to
begin and be completed;
(b)
notice in writing to the Authority Having Jurisdiction, prior to commencing the
work, listing the name, address and telephone number of:
(1) the constructor or other person in charge of the work;
(2) the architect or professional engineer reviewing the work; and
(3) any inspection or testing agency engaged to monitor the work;
(c)
notice in writing to the Authority Having Jurisdiction of any change in the
employment of persons referred to in subsection (b) during the course of the
construction, immediately upon such change of employment occurring;
(d)
notice in writing to the Authority Having Jurisdiction:
(1)
immediately upon any change in ownership or change in the address of
the owner occurring prior to the issuance of a certificate of occupancy;
and
(2)
prior to occupying any portion of the building if it is to be occupied in
stages;
(e)
such other notice to the Authority Having Jurisdiction as may be required by
the provisions of the Code or this by-law;
(f)
when required by the Authority Having Jurisdiction, a letter to certify
compliance with the requirements of the Code and of any permits required.
9.
All residential dwelling units containing secondary suites or boarding houses shall
be owner occupied. The owner shall post a copy of the Certificate of Occupancy
and a copy of the floor plan in a plainly visible area inside the secondary suite or
boarding house.
10.
The granting of a permit, the approval of the drawings and specifications or
inspections made by the Authority Having Jurisdiction, shall not in any way relieve
the owner of a building or sign from full responsibility for carrying out the work or
having the work carried out and for maintaining the building or sign in accordance
with the requirements of the Code including ensuring that the occupancy of the
building, or any part thereof, is in accordance with the terms of the certificate of
occupancy.
11.
The owner shall, at those stages of construction that may be indicated on the permit
or an attachment thereto, request an inspection by the Authority Having Jurisdiction
before proceeding further with construction.
12.
The owner shall give notice in writing to the Authority Having Jurisdiction:
(a)
of intent to do work that has been ordered to be inspected during
construction;
(b)
of intent to cover work that has been ordered to be inspected prior to
covering; and
(c)
when work has been completed so that a final inspection can be made.
13.
The owner shall submit an up-to-date Surveyor's Staking Certificate or Surveyor's
Building Location Certificate prepared by a Manitoba Land Surveyor which shall
contain sufficient information regarding the site and the location of any building
thereon:
(a)
to establish before construction begins that all requirements of the Code will
be complied with; and
(b)
to verify upon completion of the work that all such requirements have been
complied with.
Subdivision II: Architect or Professional Engineer
14.
Where any building requires the services of an architect and/or professional
engineer, the architect and/or professional engineer shall perform all the services
described in this subdivision.
15.
(a)
Where the character of the proposed work requires technical knowledge for
the preparation of drawings and specifications, as provided in the Code, the
drawings and specifications shall be prepared, and the construction
inspected and certified by, an architect and/or professional engineer skilled
in the appropriate section of the work concerned and entitled to practice in
the Province of Manitoba. Building By-law No. 7258 Page 5
(b)
Prior to the issuance of a permit, the responsible architect and/or
professional engineer shall submit a letter to the Authority Having
Jurisdiction stating the extent of their responsibility for the inspection of
construction to ensure conformity with the approved drawings, the Code,
specifications and the applicable sections of this by-law.
(c)
The responsible architect and/or professional engineer shall sign, seal, and
date all the documents referred to in subsections (a) and (b).
16.
(a)
Whenever a general review, during construction, by an architect or
professional engineer is required by the Code or by the Authority Having
Jurisdiction, such review shall be to standards satisfactory to the Authority
Having Jurisdiction.
(b)
Upon completion of the work for which review was required, a report shall be
submitted to the Authority Having Jurisdiction by the architect or
professional engineer, stating what was reviewed and stating the extent to
which the construction conforms to this By-law and the Code.
17.
Prior to the issuance of a certificate of occupancy, the responsible architect and/or
professional engineer shall submit a certificate stating:
"The construction has been reviewed under my/our 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
approved drawings and specifications and requirements of the current
Manitoba Building Code, the Manitoba Fire Code, the Manitoba Energy Code
and the City of Brandon Building By-Law."
18.
The structural members of a building shall be designated as provided for in Part 4 of
the Code by a professional engineer entitled to practice in the Province of Manitoba
and competent in the specific field of design undertaken.
Subdivision III: Designer
19.
Plans of the property upon which there is to be construction shall be referenced to a
current Surveyor's Staking Certificate or Surveyor's Building Location Certificate,
prepared by a Manitoba Land Surveyor, and shall be drawn to scale upon paper or
such other material acceptable to the Authority Having Jurisdiction. Such plans
shall also be clear and durable, and shall indicate the nature and extent of the work
or proposed occupancy in sufficient detail to establish, that when completed, the
work and the proposed occupancy will conform to the Code and other relevant City
by-laws and provincial regulations.
20.
The plans and specifications on which the issue of the permit was based shall be
available continuously at the site of the work during working hours for inspection by
the Authority Having Jurisdiction. Where a placard has been provided by the
Authority Having Jurisdiction it must be posted conspicuously on the site during the
entire execution of the work.
21.
When required, site plans shall show all information prescribed by the City of
Brandon's Lot Grading, Drainage and Elevations By-law.
[AM. B/L 7381]
Subdivision IV: Constructor and Plumber
22.
Every constructor is responsible jointly and severally with the owner for any work
actually undertaken in respect of Part III (Permits) and Part IV (General Provisions).
23.
Every constructor shall ensure that all construction safety requirements of the Code
are complied with, and responsibility for notifying the proper authority of any safety
violations and/or concerns rests solely with the constructor or designated agents.
The Authority Having Jurisdiction may notify the proper authority if a safety violation
has taken place.
24.
The plumbing contractor shall ensure the plumbing system is in compliance with all
related provisions of this by-law and the Code.
Subdivision V: Authority Having Jurisdiction
25.
The Authority Having Jurisdiction shall administer, interpret and enforce the
provisions of this by-law and the Code, where applicable. Final authority in fulfilling
this responsibility ultimately rests with the Director.
26.
The Authority Having Jurisdiction will review every application for a permit to
determine whether or not the proposed work will conform to the Code and whether
or not it may adversely affect adjacent property.
27.
The Authority Having Jurisdiction will affix plumbing inspection approval stickers as
required by the Code.
28.
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.
DIVISION II: AUTHORITIES
Subdivision I: Authority Having Jurisdiction
29.
The Authority Having Jurisdiction, as the subject matter professional and in
consultation with the Director, is authorized to create, update and discontinue
Regulations supplemental to this by-law for the purpose of establishing rules and
processes deemed necessary and appropriate. This authorization is not assignable
and implementation is at the sole discretion of the Director in accordance with the
Legislative Standards By-law.
30.
The Authority Having Jurisdiction is authorized to issue all permits and orders
necessary for the administration and enforcement of the Code and this by-law, and
shall carry out the duties of the Authority Having Jurisdiction set forth herein.
31.
The Authority Having Jurisdiction reserves the right to adjust or place a valuation on
the cost of the work for the purpose of determining permit fees to be applicable.
32.
Notwithstanding the provisions of section 17, the Authority Having Jurisdiction may
allow variations from the provisions of this by-law for those portions of an existing
building or structure not being altered or added to where the applicant has provided
to the Authority Having Jurisdiction:
(a)
certification by a structural engineer, skilled in the appropriate section of the
work concerned and entitled to practice in the Province of Manitoba, that
such portions of the building or structure are structurally safe; and
(b)
a code analysis performed by an architect and/or professional engineer,
skilled in the appropriate section of the work concerned and entitled to
practice in the Province of Manitoba, which shall include reports covering the
structural, architectural, and mechanical aspects of the building or
structure;
both of which must provide sufficient information, to the satisfaction of the
Authority Having Jurisdiction, for a determination as to the minimum variation which
may be allowed.
[AM. B/L 7381]
33.
In lieu of separate specifications, the Authority Having Jurisdiction may allow the
essential information to be shown on the plans, but in no case shall such general
terms as "in accordance with the Code", "legal", or other similar terms be used as
substitutes for specific information.
34.
The Authority Having Jurisdiction may authorize an extension to the permit
expiration date provided for in subsection 70(a) where, as determined by the
Authority Having Jurisdiction, the work is proceeding at a satisfactory rate and
uncontrollable circumstances are delaying the work.
[AM. B/L 7381]
35.
The Authority Having Jurisdiction may refuse, revoke or cancel any permit in
accordance with sections 79, 80 and 81.
[AM. B/L 7381]
36.
The Authority Having Jurisdiction may require an owner to make or have made tests
or inspections as necessary to prove compliance with the Code and this by-law and
to provide a full copy of all such test or inspection reports to the Authority Having
Jurisdiction within the specified timeline. The expense of such tests or inspections
is the responsibility of the owner.
37.
The Authority Having Jurisdiction may establish timelines within which results and
actions required by this by-law must be taken. All such timelines must be provided
to the owner in writing.
38.
The Authority Having Jurisdiction shall be permitted to enter any building or property
at any reasonable time for the purposes of administering or enforcing the Code or
this by-law or for determining whether or not any contravention of the Code or this
by-law has occurred therein.
39.
The Authority Having Jurisdiction may authorize a permit for a temporary building in
accordance with section 75.
[AM. B/L 7381]
40.
The Authority Having Jurisdiction may create any forms or other documents as
deemed necessary for the efficient application of the provisions of this by-law. This
may include, without limitation, such documents as permit applications, permits,
permit placards, certificate of occupancy, and stop work order. All documents
created and in use shall be readily available to the general public.
PART III: PERMITS
DIVISION I: REQUIREMENT FOR PERMITS
41.
No person shall work or authorize or allow work to proceed without a permit on a
project for which a permit is required.
42.
All applications for permits shall be accompanied by the required fee as set out in
the Annual Schedule of Fees.
DIVISION II: APPLICATIONS FOR PERMITS
43.
To obtain any permit authorized by this by-law the applicant shall file with the
Authority Having Jurisdiction an application in accordance with this by-law. 44.
Every applicant, in submitting an application for a permit, shall:
(a)
identify and describe in detail the work and major occupancy to be covered
by the permit for which 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)
include plans and specifications, unless otherwise approved in writing, and
show the occupancy of all parts of the building;
(d)
state the valuation of the proposed work and submit the required fee;
(e)
state the names, mailing addresses, email addresses, and telephone
numbers of the owner, architect, professional engineer or other designer and
constructor; and
(f)
include proof of approval from the Minister if required under the Act, when
necessary;
except as otherwise allowed in writing by the Authority Having Jurisdiction
DIVISION III: CLASSES OF PERMITS
Subdivision I: Building Permits
45.
(a)
A Building Permit must be applied for and received from the Authority Having
Jurisdiction prior to any of the following work being proceeded with:
(1)
the erection or construction of any building or structure, or portion
thereof;
(2)
the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(3)
the repair of any building or structure, or portion thereof;
(4)
the erection, construction or installation of a sign;
(5)
the excavation of any land for any purpose of erecting or locating on or
above it any building or structure; and a placard, if provided, must be
posted in a conspicuous location at the building site.
(b)
Notwithstanding subsection (a), no Building Permit is required for the
following work:
(1)
Temporary tent structures not greater than 90m2 in area;
(2)
improvements limited to painting or decorating, cabinetry, flooring, or
roof covering;
(3)
exterior decks not greater than 25m² in area with the walking surface
not more than 600mm above grade, provided the location of the deck
complies with all applicable Codes and by-laws; or
(4)
minor repairs or improvements, excluding life safety and structural
building systems, the cost of which does not exceed $5,000.00.
[AM. B/L 7381]
Subdivision II: Plumbing Permits
46.
(a)
Any person wishing to construct, extend, alter, renew or repair a plumbing
system or make a connection to public water/sewer shall first make
application to obtain a Plumbing Permit from the Authority Having
Jurisdiction.
(b)
Notwithstanding subsection (a), a Plumbing Permit is not required when a
valve, faucet, fixture or service water heater is repaired or replaced, clearing
a stoppage, or repair of a leak, if no change to the piping is required.
47.
(a)
Every application for a Plumbing Permit shall be accompanied by a
specification or description of the proposed work.
(b)
When required by the Authority Having Jurisdiction, the application shall also
be accompanied by:
(1)
a plan that shows the location and size of every building drain, and of
every trap and clean-out fitting that is on a building drain;
(2)
a sectional drawing that shows the size and location of every soil-or-
waste pipe, trap and vent pipe;
(3)
a plan that shows a layout of the potable water distribution system
including pipe sizes and valves; and
(4)
isometric or orthographic details for all plumbing systems in buildings
to be designed by a professional engineer.
48.
Where a Plumbing Permit has been issued, no departure shall be made from the
specification, description, plan or sectional drawing unless advance written
permission is obtained from the Authority Having Jurisdiction.
49.
A Plumbing Permit shall not be transferable.
50.
When a plumbing system has been completed and approved, the Authority Having
Jurisdiction shall affix a plumbing inspection approval sticker to the plumbing
system.
Subdivision III: Certificate of Occupancy
[AM. B/L 7381]
51.
No owner shall occupy, or allow to be occupied, a building or part thereof or change
the occupancy, without first obtaining a Certificate of Occupancy as set forth in this
subdivision.
[AM. B/L 7381]
52.
Every owner shall:
(a) obtain a Certificate of Occupancy from the Authority Having Jurisdiction prior to:
(1)
any occupancy of a building or part thereof after a damaging fire,
construction, partial demolition or alteration of that building; or
(2)
any change in the major occupancy of any building or part thereof as
described in the Code; or
(3)
re-occupying a boarded or vacant building; or
(4)
any increase in the occupant load.
[AM. B/L 7381]
(b)
ensure that no unsafe condition exists or will exist because of the work being
undertaken or not completed.
53.
No change shall be made in the type of occupancy or use of any building or
structure, which will place the building or structure in a different group of
occupancy, unless approved in writing, and such building or structure is made to
comply with the requirements of the Code for that group for the safety, health,
accessibility or fire structure protection of the building affected by the change of
occupancy or use.
54.
Every building or structure that requires a Certificate of Occupancy shall comply
with the construction requirements for the major occupancy group to be housed
therein, except that the Authority Having Jurisdiction may approve an Occupancy
Permit for a building or structure which varies in a minor respect from the
regulations of the Code, where such a variation will substantially accomplish the
objectives of the Code to achieve a minimum level of safety.
[AM. B/L 7381]
55.
A Certificate of Occupancy is required for any new building, any existing building or
structure where an alteration or addition is made thereto, except garages, storage
sheds, single detached dwelling additions, swimming pools and minor renovations.
[AM. B/L 7381]
55.1 Unless Authorized by the Director, every new building or existing building that
requires a Certificate of Occupancy shall comply with all conditions placed on the
permit at the time of issuance, including those associated with site completion and
any deposits prior to obtaining a Certificate of Occupancy.
55.2 A Temporary Occupancy may be granted for a partial or temporary use of a building
or structure subject to any conditions imposed by the Authority Having Jurisdiction.
55.3 Without restricting the generality of section 55.2, the conditions imposed on a
Temporary Occupancy may include:
(a)
Requiring that the applicant release and indemnify the City of Brandon from
any claims made against it from harm or loss resulting from the issuance of
the Temporary Occupancy;
(b)
Requiring that the applicant provide all letters described in sections 15 and
16; and
(c)
Requiring that the owner undertake to obtain a Certificate of Occupancy
within a prescribed period of time.
[EN. B/L 7381]
56.
Occupant Load
Notwithstanding anything elsewhere contained in the Code, for each assembly
room in a building or structure classified as a Group A occupancy (or as Group A is
defined in the Code):
(a) the Authority Having Jurisdiction shall furnish an occupant load placard which
can be easily read from a distance of 6 metres stating the maximum allowable
occupant load as determined by the Code;
(b) the owner of the building or structure shall be responsible for keeping the actual
occupant load within the allowable limits; and
(c) the owner of the building or structure shall display the occupant load placard in a
location acceptable to Brandon Fire & Emergency Services.
Subdivision IV: Demolition, Removal and Relocation Permits
57.
Demolition Permits
The demolition of any building or structure, or portion thereof, shall not be
commenced unless application has been submitted to and a demolition permit has
first been obtained from the Authority Having Jurisdiction. Where a related
demolition placard has been provided by the Authority Having Jurisdiction it shall be
posted in a conspicuous location at the demolition site. Demolition must be
completed and the site cleaned up within 60 days of issuance of the demolition
permit.
58.
Removal or Relocation Permits
The removal or relocation of any building or structure, or portion thereof, shall not be
commenced unless application has been submitted to and a removal or relocation
permit, as appropriate, has first been obtained from the Authority Having
Jurisdiction. Where a related removal or relocation placard has been provided by the
Authority Having Jurisdiction it shall be posted in a conspicuous location at the site.
59.
Application Conditions
Before a permit to demolish, remove, or relocate a building or structure is issued,
the Authority Having Jurisdiction may require that the application for permit contain
one or more of the following:
(a)
a description of the building or structure giving the existing location,
construction materials, dimensions, building height and area;
(b)
a legal description of the existing site;
(c)
a legal description of the site to which it is proposed that the building or
structure is to be moved if located within the City;
(d)
a site plan of the site to be occupied by the building or structure if relocated
within the City; and
(e)
a statement that the taxes upon the land and all buildings or structures have
been paid in full and that the same have not been sold for taxes or if sold for
taxes have been redeemed.
[AM. B/L 7381]
60.
The owner of a site from which a building or structure is to be demolished, removed,
or relocated shall:
(a)
sign a Hazardous Material Declaration with their contractor stating that they
understand their obligation as it relates to the detection, removal, handling
and disposal of hazardous and asbestos containing materials pursuant to
Provincial regulations;
(b)
notify Manitoba Hydro and Centra Gas, Manitoba Telephone System,
Westman Cable, City of Brandon Engineering Department, Finance Clerk,
Licensing Clerk and Water Meter Clerk; as well as any other agency as
applicable;
(c)
ensure the water and sewer service lines are terminated in accordance with
the Water and Wastewater Control By-law; and
(d)
upon completion of the demolition, removal or relocation, return the site to a
safe and sanitary condition to the satisfaction of the Authority Having
Jurisdiction, including the removal of all foundations where required, all
building waste material, and all other rubble, with such materials to be
discarded in accordance with the Solid Waste Collection and Disposal By-
law.
[AM. B/L 7381]
Subdivision V: Electrical Permits
61.
The requirements for the issue of an electrical permit shall be as set forth in The
Manitoba Electrical Code and such permits shall be obtained from or in a manner
approved by Manitoba Hydro.
DIVISION IV: GENERAL CONDITIONS
Subdivision I: Additional Fees
62.
All requests for inspections required in addition to a regular inspection or which are
necessary to be conducted outside regular office hours shall be accompanied by
the required fee as set out in the Annual Schedule of Fees.
63.
Notwithstanding the provisions of Part VII (Penalties), where the applicable permit
has not been applied for and obtained prior to the commencement of the actual
work, through neglect or for some other reason, the fees shall be double the normal
rate for the permit issued.
64.
Where a change in plans requires an additional plan review, the applicant is subject
to an additional plan review fee as set out in the Annual Schedule of Fees.
Subdivision II: Valuation
65.
No portion of any building including mechanical, electrical and plumbing work, shall
be excluded from the valuation because of any other permits required by any
governing by-law, regulation or agency.
66.
The Authority Having Jurisdiction reserves the right to adjust or place a valuation on
the cost of the work for the purpose of determining permit fees to be applicable.
67.
Every owner, architect, professional engineer, constructor or builder, having
contracted for or having performed or supervised any work of construction,
alteration or repairs on any land, or the agent of such person, shall give, in writing
over their signature when required by the Authority Having Jurisdiction all the
information in their power with respect to the cost of the work. The owner, or other
authorized person, is required to provide for inspection to the Authority Having
Jurisdiction, upon request, any contract pertaining to the work for the purpose of
obtaining an accurate valuation of the work to be performed.
Subdivision III: Conditions of Permit
68. Every permit is issued upon the condition:
(a)
that the construction shall be carried out in accordance with all provisions of
the Code, the Zoning by-law, this by-law including all related Regulations,
and all provisions as described on the approved plans and the permit,
including anticipated completion date which shall be the permit expiry date,
being one year from date of issuance, unless otherwise determined by the
Authority Having Jurisdiction;
(b)
that all City engineering requirements, such as, but not limited to driveway
permits, crossing permits, sewer and water permits, elevation lot grading
plans, and any other permits or plans as deemed necessary by the City
Engineer, have been approved in writing by the City Engineer;
(c)
that all City by-laws, provincial, and federal regulations be complied with;]
(d)
that the owner shall promptly submit to the Authority Having Jurisdiction
copies of all changes ordered which may alter any condition or requirement
of the Code, and a set of the revised plans showing these changes,
accompanied with all associated fees as set out in the Annual Schedule of
Fees; and
(e)
that at all times during construction the street number of the premises must
be kept visible in figures at least 75 mm high and visible from the street or
sidewalk.
[AM. B/L 7381]
69.
A Building Permit may be issued prior to receiving an engineered design drawing and
calculations. Such permit shall clearly outline the steps that must be taken by the
owner to enable work to proceed. In such instance, the owner waives any right to
claim against the City or the Brandon and their employees for any changes required
due to review of the professional design drawing and calculations once received.
[AM. B/L 7381]
70.
No permit shall be issued until the Authority Having Jurisdiction is satisfied that it
has received all necessary information to justify the issuance of such permit.
71.
All work being carried out under a permit issued prior to the effective date of
amended requirements to the Code shall be completed in accordance with the
previous Code requirements and any special conditions described on the permit
and approved plans.
72.
No person shall deviate from the approved plans and specifications forming a part
of the permit, or omit or fail to complete, prior to occupancy, work required by the
said approved plans and specifications without first providing adequate
documentation to the Authority Having Jurisdiction for approval in writing.
Subdivision IV: Special Considerations
73.
Approval in Part
(a)
When, in order to expedite work, approval of a portion of the building is
desired, prior to the issuance of a permit for the whole building, application
shall be made for the whole building and complete plans and specifications
covering the portion of the work for which immediate approval is desired
shall be filed with the Authority Having Jurisdiction.
(1)
in the case of single occupancy buildings, the partial approval may be
made only for the foundation and the building; and
(2)
in the case of multiple occupancy buildings, the partial approval may
be made only for the foundation, superstructure and interior
development.
(b)
Should a permit be issued for part of a building, the issuance of such a
permit shall be granted without assurance that a permit for the entire
building will be granted and at the sole risk of the applicant. Work not
covered by a permit shall not be commenced.
74.
Revisions to Permits
After issuance of a permit, application may be made for revision of the permit, and
such application shall be made in the same manner as for the original permit. Any
such revision, if approved in writing, may be subject to fees as set forth in the
Annual Schedule of Fees.
75.
Permit for a Temporary Building
Temporary buildings may be permitted for a period of up to 36 months, unless
otherwise determined by the Authority Having Jurisdiction, and must be in
compliance with all relevant provisions of the Code, this by-law, and the Zoning By-
Law. Upon expiry of the approved fixed period the temporary building must be
demolished or removed.
76.
Permit for Change in Boundaries or Grades
No person shall allow the property boundaries or approved grades of a building lot
to be so changed as to place a building or part thereof in contravention of the Code,
unless the building or part thereof is so altered after obtaining the necessary permit
so that no contravention will occur as a result of the change of the property
boundary or approved grades.
Subdivision V: Refusal, Revocation, or Cancellation of Permit
77.
The Authority Having Jurisdiction may refuse to issue any permit:
(a)
when the information submitted indicates that there will be a contravention
of the Code, or this By-law if the work were permitted;
(b)
when the information furnished is inadequate to determine compliance with
the provisions of the Code;
(c)
when incorrect information has been furnished;
(d)
that will authorize any building, work or occupancy that would not be
permitted by the Code, or this By-law;
(e)
that will be prohibited by any other standard, by-law, act or regulation;
(f)
to any person who has failed within a specified period of time to remedy a
defect in construction under a permit previously issued to him/her with
respect to any other property in the City after having been notified that such
defect exists;
(g)
to any person who has failed to pay any fees due and owing to the City under
the provisions of this by-law, or
(h)
if an approved permit has not been paid for and picked up by the applicant
within 6 months of the date of which it was approved.
78.
The Authority Having Jurisdiction may revoke a permit if:
(a) there is a contravention of any condition under which the permit was issued;
(b) the permit was issued in error;
(c) the permit was issued on the basis of incorrect information;
(d) the work is being done contrary to the terms of the permit, or
(e) the work being done is in contravention of the Code or this by-law.
79.
The Authority Having Jurisdiction may, upon notifying the owner, cancel a permit:
(a)
when the work has not been commenced within one year from the date of
issuance of the permit; or
(b)
where the work is not completed upon the permit expiration date provided for
in subsection 71, or as determined by the Authority Having Jurisdiction, the
work is not proceeding at a satisfactory rate;
and where such permit has been cancelled, a new permit must be obtained, in
accordance with the provisions of this by-law, before work is continued and all
subsequent work shall comply with the provisions of the Code and this by-law.
[AM. B/L 7381]
80.
The Authority Having Jurisdiction shall provide, when required to do so, all reasons
for refusal to grant, revocation, or cancellation of a permit.
PART IV: GENERAL PROVISIONS
DIVISION I: PLUMBING
81.
(a)
Where a plumbing permit is required, the system shall not be put into use
until it has been inspected.
(b)
All new plumbing systems are subject to testing pursuant to the Manitoba
Plumbing Code as determined by the Authority Having Jurisdiction.
82.
The plumbing contractor shall:
(a)
notify the Authority Having Jurisdiction when the work is complete and ready
to be inspected or tested; and
(b)
furnish any equipment, material, power or labour that is necessary for
inspection or testing.
83.
If any part of a plumbing system is covered before it has been inspected and
accepted by the Authority Having Jurisdiction, it shall be uncovered upon request by
the Authority Having Jurisdiction.
84.
If any part of a plumbing system is not accepted by the Authority Having Jurisdiction
after it has been inspected or tested, the owner shall make any alteration or
replacement that is necessary, and the work shall be subjected to further inspection
or testing and an inspection fee as set out in the Annual Schedule of Fees.
85.
(a)
The Authority Having Jurisdiction may inspect an existing plumbing system
and, where there is reason to suspect that the system is not satisfactory,
order it to be tested.
(b)
If any part of the system has become or is in a condition that it may become
dangerous or injurious to health, the owner shall make any alteration or
replacement ordered by the Authority Having Jurisdiction.
DIVISION II: AUTOMATIC FIRE SUPPRESSION
86.
(a)
The requirements for Sprinkler Systems and Fire Alarm Systems shall be
extended to existing Buildings containing automatic fire suppression or
detection systems, even if the requirement for such a system does not exist
in the Code.
[AM. B/L 7307]
(b)
A Building Permit shall not be issued for new construction of any multi-family
residential building as set out in subsection (a), unless the applicant for the
Building Permit submits an engineered design drawing, showing the location
where fire sprinklers will be installed.
(c)
All fire sprinklers shall be installed in accordance with the corresponding
National Fire Protection Association Standards for the installation of fire
sprinklers (NFPA 13, 13R or 13D).
(d)
All automatic fire sprinkler systems must be designed and their installation
reviewed by a professional engineer with experience in sprinkler system
design, except for modifications to existing systems involving the relocation
or addition of fewer than six sprinkler heads.
87.
All NFPA 13 and 13R automatic fire sprinkler systems must be maintained and
tested in accordance with the applicable standard of the current edition of the
Manitoba Fire Code and the results reported in writing to the Authority Having
Jurisdiction.
DIVISION III: UNSAFE CONDITIONS
88.
No person engaged in the construction, reconstruction, demolition, alteration,
removal or relocation of a building shall cause, allow or maintain any unsafe
condition. All requirements set out in the Building Safety Standards by-law in
relation to unsafe conditions are deemed to apply within this by-law and be
governed in accordance with the provisions herein.
[AM. B/L 7381]
89.
Any building or structure that is unsafe or out of repair as determined by the
Authority Having Jurisdiction shall be demolished, removed, guarded, or put in a
safe condition to the satisfaction of the Authority Having Jurisdiction.
90.
Vacant and unguarded or open buildings to which entry can be gained shall be
deemed unsafe. Buildings shall be secured in accordance with the Vacant and
Derelict Building By-Law.
91.
Where the Authority Having Jurisdiction is unable to locate the owner of the building
or structure, or of a well, excavation or opening or in cases where service as
aforesaid is impracticable, the unsafe notice shall be posted in a conspicuous place
on the premises and such procedures shall be deemed the equivalent of personal
service.
[AM. B/L 7381]
DIVISION IV: DRAINAGE
Subdivision I: Subsurface Drainage
92.
(a)
Where buildings are provided with a subsurface drainage system, the system
shall be designed, constructed and maintained in accordance with the Water
and Wastewater Control By-Law.
(b)
[REP. B/L 7381]
Subdivision II: Roof and Surface Drainage
93.
All roof and surface drainage systems must be designed, constructed, and
maintained in accordance with the Lot Grading, Drainage and Elevations By-law.
DIVISION V: TESTS AND CONSTRUCTION REVIEW
94.
All tests required by the Authority Having Jurisdiction shall be conducted according
to the appropriate methods found in the standards listed in the Code. In the
absence of such standard test methods, the Authority Having Jurisdiction may
specify the test procedures to be followed.
95.
Laboratory tests shall be conducted by a laboratory acceptable to the Authority
Having Jurisdiction.
96.
Where tests of any materials are made to ensure conformity with the requirements
of the Code and this By-law, records of the test date shall be kept available by the
owner for inspection during the construction of the building and for such period
thereafter as required by the Authority Having Jurisdiction.
PART V: ORDERS
97.
The Authority Having Jurisdiction shall issue in writing such notices or orders as may
be necessary to inform the owner where a contravention of the Code or this by-law
has been observed, and must in such notice or order designate a time within which
such correction shall be made. All orders are subject to the order issuance fee as
established by the Annual Schedule of Fees.
98.
When required by the Authority Having Jurisdiction, every owner shall uncover and
replace at his or her own expense any work that has been covered contrary to a
notice or order issued by the Authority Having Jurisdiction.
99.
Stop Work Orders
A Stop Work Order may be issued where, as determined by the Authority Having
Jurisdiction, work is proceeding in contravention of the Code or this by-law, or any
condition under which the permit was issued, where no permit was issued, or if
there is deemed to be an unsafe condition. Upon issuance of a Stop Work Order,
work shall immediately be stopped. The Stop Work Order shall be in writing, state
the conditions under which work may be resumed, be posted in a conspicuous
place on the site, and be sent by registered mail or be personally delivered to the
owner of the property involved.
100. Any person who fails to comply with any notice or order issued by the Authority
Having Jurisdiction, or who allows a violation of the Code or this By-law to continue,
shall be subject to the penalties as set out in Part VII (Penalties) hereof.
PART VI: RIGHT OF APPEAL
101. Any person aggrieved by any decision or action of the Authority Having Jurisdiction
related to this by-law may appeal to the By-law Compliance Standards Committee
by filing with the City Clerk a written appeal or notice of objection within seven days
of the occurrence. Thereafter, the appeal process is governed by the provisions of
the Compliance By-law.
PART VII: PENALTIES
102. Any person who contravenes, or does not comply, or improperly complies, or only
partly complies with any provision of this by-law or related Regulation, commits an
offence and is subject to penalty in accordance with the provisions of the
Compliance By-law.
103. Where a corporation commits an offense contrary to this by-law each Director or
Officer of the corporation who authorized, consented to, knowingly permitted,
acquiesced or was wilfully blind with respect to the doing of the act that constitutes
the offense, is likewise guilty of the offense and liable, on summary conviction, to a
penalty for which provision is made in section 104.
[AM. B/L 7381]
104. Where the contravention, refusal, neglect, omission, or failure, continues for more
than one day, the offender is guilty of a separate offense for each day it continues.
105. Nothing in this by-law reduces or eliminates the obligation of any person to comply
with the requirements of statutes or regulations of the Manitoba Legislature, other
City By-laws, or relevant Codes.
PART VIII: SEVERABILITY, REPEAL AND ENACTMENT
106. Should any section or part of this by-law be declared to be invalid, it is the intent of
City Council that it would have passed all other portions of this by-law independent
of the elimination of any such portion as may be declared invalid.
106.1 An omission by the City to undertake any action required by a by-law does not
negate the need for compliance with that by-law. Immediately upon discovery of
such omission the responsible Department Head or Director shall report the
omission to the City Manager and ensure appropriate action is taken to remedy the
situation.
[EN. B/L 7381]
107. Building By-law No. 6018/55/92 and amending By-laws No. 6399/45/96, 6570, 6622,
6665, 6949, 7088, and 7166 are hereby repealed and the repeal provisions set out in
the Legislative Standards By-law apply.
108. This by-law shall come into full force and take effect on the day following its
passage.
DONE AND PASSED by the Council of The City of Brandon duly assembled this 2 nd day of
December 2019.
"R. Chrest" "H. Ewasiuk"
MAYOR CITY CLERK
Read a first time this 21st day of October 2019.
Read a second time this 2nd day of December 2019.
Read a third time this 2nd day of December 2019.
I, Renee Sigurdson, Clerk of the City of Brandon, DO HEREBY CERTIFY the above by-law
within to be a true and correct copy of By-law No. 7258 as amended by By-law No. 7307
and 7381.
Original Signed by
R. Sigurdson
R. Sigurdson, City Clerk
TABLE OF CONTENTS
[REP. B/L 7381]