2024-03 Building By-law — full text, Hamiota Municipality, Manitoba

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot e0a3ceca9b2d · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## HAMIOTA MUNICIPALITY ## 2024-03 BUILDING BY-LAW BEING A BY-LAW of Hamiota Municipality to provide for the adoption of The Manitoba Building Code and to establish administrative requirements and procedures for the enforcement of said Code, to be known as the "Building By-law". WHEREAS Hamiota Municipality is empowered by The Buildings Act, C.C.S.M. c. B93 to, by by-law, adopt The Manitoba Building Code; AND WHEREAS it is deemed expedient and in the public interest to adopt the said Code and establish such standards; NOW THEREFORE the Council of Hamiota Municipality, duly assembled, enacts as follows: i : ## TABLE OF CONTENTS Definitions Title Scope & Definitions 2.1 Scope SECTION ONE: SECTION TWO: General Application Generally Limited Application to Existing Buildings Exemptions SECTION THREE: Mobile Homes and RTM's Prohibitions Application Permits SECTION FOUR: Building Permits Plumbing Permits General 4.2.3. Occupancy Permits Demolition Permits Duties Responsibilities, and Powers Duties of Owner Duties of Constructor SECTION FIVE: Duties of Designer Powers of Authority Having Jurisdiction Appeal Offenses and Penalties Repeal SECTION EIGHT: SECTION SIX: SECTION SEVEN: Duties of Authority Having Jurisdiction Assurance of Retention of Professional Permit Fees Plans and Specifications to be Submitted Assurance of Professional Design and Inspection Letter of Assurance Assurance of Compliance Assurance of Professional Inspection and Compliance SCHEDULE "D" SCHEDULE "G" SCHEDULE "F" SCHEDULE "E" SCHEDULE "C" SCHEDULE "A" SCHEDULE "B" ## BUILDING BY-LAW NO: 2024-03 Title SECTION I This by-law may be cited as the Hamiota Municipality Building By-law. ## SECTION 2 Scope & Definitions ## Scope: 2.1 2.1.1 This by-law applies to the whole of the Hamiota Municipality. 2.1.2 This by-law applies to administration and enforcement in the design, coleration recestinion, cementin, cupal, of et buildings and ac change in occupancy of existing buildings and any requirements that are necessary to correct unsafe conditions in existing buildings. 2.1.3 The requirements of the current Manitoba Code are hereby adopted and shall apply to all work falling within the scope and jurisdiction of this by-law. 2.1.4 Any construction or condition that lawfully existed before the effective date of this By-law need not conform to the requirements of this by-law if such construction or condition does not constitute an unsafe condition in the opinion of the authority having jurisdiction. ## Definitions: 2.2 pres sibed in subsemeaning as prescrind mo decodes is proa del herein term be defined in both this by-law and the Code, then the definition set forth in this by-law shall govern. 2.2.1. The words and terms in italics in this by-law shall have the meaning 2.2.2. Definitions of words and phrases used in this by-law that are not specifically defined in the Code or in this subsection shall have the meanings that are commonly assigned to them in the context in which they are used in these requirements, considering the specialized use of terms within the various trades and professions to which the terminology applies. 2.2.3 Words and terms in italics in this by-law shall have the following meanings: Code and this by-law. means a random review of design or construction work by the authority having jurisdiction to ascertain compliance with the ## "Audit" Municipality. means the Hamiota Municipality and, where the context requires, such building inspector or other authority lawfully designated by the Board of the Mid-West Planning District andiamid he and as the dest provisions of this by-law on behalf of Hamiota "Authority Having Jurisdiction" means the Board of the Mid-West Planning District that is deemed responsible for the enforcement and administration of this by-law under the authority of The Planning Act. "Board" means the current Manitoba Building Code as to time under Section 3 of the cuten time Buildings Act. ## "Code" Any revision to the original application described in article 4.1.1 shall be made in the same manner as for the original permit. 4.1.4 owner, or to a constructor or other properly authorized agent of the owner. Applications for permits may be filed, and permits may be issued to an Permits: ## 4.2.1 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 the location, placement, erection or construction of any building or person shall commence or cause to be commenced: structure or portion thereof; any building or structure, or portion thereof; the addition, extension, improvement, alteration or conversion of thereof; the relocation or removal of any building or structure, or portion (d) the excavation of any land for any purpose of erecting or location on or above it, any building or structure; (t) the installation, construction, repair, renewal, alteration or extension (g) of a mechanical system; the installation, construction, alteration or extension of a spray paint (h) operation, spray painting booth, dip tank or other special process; or the alteration, addition, erection or re-erection of a sign. (i) patching, painting or decorating; 4.2.1.2 A building permit is not required for: replacement of doors or windows when the opening is not altered; replacement of stucco, siding or shingles with the same material; replacement of open landing and stairs; construction of fences; (e) installation of cabinets and shelves; (f a detached accessory storage building not greater than 10 square meters (108 sq.feet) in building area; non-structural alterations or repairs where the value of such work in less than five thousand dollars ($5,000.00) (h) 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 (unless the authority having jurisdiction waives such requirement) submit Letters of Assurance in the forms set out in Schedules C and D, as attached hereto, which: confirm that the owner has retained the necessary architects or professional engineers for all the applicable disciplines, for professional design and inspection; and 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 (unless the authority having jurisdiction waives such requirement) submit a Letter of Assurance, in the form set out in Schedule E as attached hereto, confirming that the owner will ensure that the building will be constructed in accordance with means the municipal council of Hamiota Municipality. "Council" means written permission or written authorization from the authority having jurisdiction in respect to matters regulated by this by-law. "Permit" means and includes any individual, corporation partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization. "Person" means the moving of a building or structure from one location to another location, either on the same property or to another property, and includes the removal of a building or structure. "Relocating" means ready to move houses being houses or buildings constructed in one location and moved to a different location. "RTM" means any condition that could cause undue hazard to life, limb or health of any person authorized or expected to be on or about the premises. "Unsafe Condition" the valuation for a permit. 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 "Valuation" ## General ## SECTION 3 ## 3.1 Application Generally: This by-law applies to the design, construction, erection, placement and occupancy of new buildings and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings. ## Limited Application to Existing Buildings: 3.2 may be required by the authority having jurisdiction. 3.2.1 When a building or any part of it is altered or repaired, the Code applies to the parts of the building altered or repaired except that where in the opinion stay outhey in unring, tie thing braiding half be the dee of 3.2.2 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. building is relocated either within or into the area of jurisdiction of the The requirements of this by-law apply where the whole or any part of a authority having jurisdiction. 324 Wis by waplo to the or invalid emotion and othe wants of means the municipal council of Hamiota Municipality. "Council" means written permission or written authorization from the authority having jurisdiction in respect to matters regulated by this by-law. "Permit" means and includes any individual, corporation partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization. "Person" means the moving of a building or structure from one location to another location, either on the same property or to another property, and includes the removal of a building or structure. "Relocating" means ready to move houses being houses or builden to anistered can location and "RTM" means any condition that could cause undue hazard to live, limb or health of any person authorized or expected to be on or about the premises. "Unsafe Condition" the valuation for a permit. 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 and plumbing work, shall be excluded from "Valuation" ## General ## SECTION 3 ## 3.1 Application Generally: This by-law applies to the design, construction, erection, placement and occupancy of new buildings and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings. ## Limited Application to Existing Buildings: 3.2 3.2.1 When a building or any part of it is altered or repaired, the Code applies to the parts of the building altered or repaired except that where in the opinion st thy or the oxy having ruini, tion the in batin itali et thered of may be required by the authority having jurisdiction. increased unless the entire building or structure conforms with the requirement of the Code. 3.2.2 The number of storeys of an existing building or structure shall not be authority having jurisdiction. 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 3.2.4 When the whole or any part of a building is demolished, the requirements of this by-law apply to the work involved in the demolition and to the work deüied te any paris maining aler dendimon toth extent thection. 3.2.5 When a building is damaged by fire, earthquake or other cause, the Code, the requirements of this by-law and the appropriate regulations under the Fire Prevention Act, and the Manitoba Fire Code, apply to the work necessary to reconstruct damaged portions of the building. 3.2.6 When an unsafe condition exists in or about a building, the Code, the Prevention Ao, this by and their rope, de regulations in the fire necessary to correct the unsafe condition. ## change. 3.2.7 When the occupancy of a building or any part of it is changed, the requirements of this by-law apply to all parts of the building effected by the ## Exemptions: 3.3 3.3.1 These requirements do not apply to sewage, water. electrical, telephone, rail or similar systems located public utility towers or poles, television and radio or other on a street or a public transit right of way. communication aerials and towers, except for loads resulting from those located on or attached to buildings. Mohant and ty erecti an and stes tot regulated in this accessory buildings not greater than 10 square meters (108 square feet) in building area subject to the concurrence of the authority having jurisdiction. a farm building, other than a farm building used as residence, an attached garage or carport. (e) (f) ## Prohibitions: 3.4 3.4.1. Any person who fails to comply with any order or notice issued by any authority having jurisdiction, or who allows a violation of the requirements of this by-law or of the Code to occur or to continue, contravenes the provisions of this by-law. 3.4.2. No person shall undertake any work or authorize or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done. 3.4.3. No person shall deviate from the accepted plans and specifications forming part of the permit, or omit or fail to complete, prior to occupancy, work required by the said accepted plans and specifications, without first having obtained the acceptance of the authority having jurisdiction to allow such devi, on except for mi orchange to acceptiam and pede crother 3.4.4 Where an occupancy permit is required by Section 4.2.3. herein, no person issued by authority having jurisdiction. 3.4.5 No person shall knowingly submit false or misleading information to the or authority having jurisdiction concerning any matter relating to this by-law. No person shall excavate or undertake work on, over or under public preen or er or plane any anstrue in or wink or tore any materials, 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 contrase in red, actobiaise the necessage rhe pruch th boundary or ## 3.5 Mobile Homes, RTM's and Buildings relocated to a new location 3.5.1 Mobile homes, modular buildings and/or RTM's shall comply with the Unless revised by provincial regulation, the Code applies to the requirements of the Code and other regulations under The Buildings Act. location. whole or any part of an existing building that is moved to a new the submission of a complete set of plans and specifications; respic to area bif isi on ula idiotic pair sought to be located. 3.5.2 The authority having jurisdiction may require any or all of the following in the seal of an Engineer licensed in the Province of Manitoba in respect to all building components requiring professional submission of copies of any or all permits taken out for the mobile copy of any or all inspection reports; home or RTM in the location of its construction together with a such inspections or certifications as the authority having jurisdiction (d) may deem necessary to ensure compliance with the Code and this by-law. ## SECTION 4 Permits ## 4.1 Application: describe the land on which the work is to be done by a description identify and describe in detail the work and occupancy to be covered by the permit for which the application is made, (a) 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: 4.1.1 that will readily identify and locate the building lot, (b) state the valuation of the proposed work and be accompanied by the required fee as set out on Schedule A hereto; and, include those plans and specifications set out on Schedule B hereto (unless otherwise waived by the authority having jurisdiction), and (d) state the names, addresses and telephone numbers of the owners, show the occupancy of all parts of the building, of the work. any inspection or testing agency engaged to monitor the work or part architect, professional engineer or other designer, constructor and authority having jurisdiction include such additional information as maybe required by the with the requirements of the authority having jurisdiction within six months When an application for a permit has not been completed in conformance after the date of filing, the application shall (unless otherwise extended by the authority having by re-filing. jurisdiction) be deemed to have been abandoned, and can only be reinstated 4.1.3 A permit shall expire and the right of an owner under the permit shall end after that, or the work authorized by the permit is not commenced within six months from the date of issue of the permit and actively carried out the work authorized under the permit is suspended for six months unless otherwise extended by the authority having jurisdiction. (b) Any revision to the original application described in article 4.1.1 shall be made in the same manner as for the original permit. 4.1.4 owner, or to a constructor or other properly authorized agent of the owner. Applications for permits may be filed, and permits may be issued to an 4.1.5 ## Permits: 4.2 ## 4.2.1 Building Permits: structure or portion thereof; the addition, extension, improvement, alteration or conversion of any building or structure, or portion thereof; (b) the repair, rehabilitation, or renovation of any building or structure, (c) 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: the location, placement, erection or construction of any building or the relocation or removal of any building or structare, or portion (d) (e) the installation, construction, repair, renewal, alteration or extension the excavation of any land for any purpose of erecting or location on or above it, any building or structure; (Đ) of a mechanical system; (g) 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. (h) (i) 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 in less than five thousand dollars ($5,000.00) (g) patching, painting or decorating; replacement of stucco, siding or shingles with the same material; replacement of doors or windows when the opening is not altered; replacement of open landing and stairs; (f) 4.2.1.2 A building permit is not required for: described in Article 4.2.1.2., such work shall comply with the Code and the 4.2.1.3 Notwithstanding that a building permit is not required for the work provisions of this or other applicable by-laws and the work shall not place Code or this or any other by-law. the building or structure in contravention or further contravention of the incorporate the architects' or professional engineers assurance of professional design and commitment for inspection. 4.2.1.4 Before the issuance of a building permit for cases described in Subsection 5.1.17(1), the owner shall (unless the authority having jurisdiction waives such requirement) submit Letters of Assurance in the forms set out in Schedules C and D, as attached hereto, which: confirm that the owner has retained the necessary architects or driesana legitie, an all the applicable disciplines, for professional 4.2.1.5 Before the issuance of a building permit, for cases in which Professional design wants quire tremen sam talet 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 4.2.2.1 Except as provided in sentence 4.2.2.2., no person shall construct, exies alter, tene do or pair er makai a connection to a plumbing system 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 sie of overy builing drain, and of every trap and (b) the size and location of every soil or waste pipe, trap and vent pipe; ## and valves. a layout of the potable water distribution system including pipe sizes ## 4.2.3. Occupancy Permits: 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. Except as otherwise permitted herein, no person shall occupy or use or 4.2.3.1 An Occupancy Permit is required from the authority having jurisdiction for: family dwelling without shared exit facilities; - the occupancy of any new building or structure or portion thereof except a single- family dwelling, a two-family dwelling or a multi- alteration is made thereto, except a single-family dwelling, a two- the occupancy of any existing building or structure where an family dwelling or a multi-family dwelling without shared exit for a change from one Major Occupancy group to another or a change from one division to another within a Major Occupancy Major Occupancy group which results in an increase in the occupant for a change from one use to another within the same division in a group in any existing building or structure, or part thereof; load; for a change or addition of an occupancy classification of a suite in a for a change from a use not previously authorized to a new use. building; and 4.2.3.2 Before the issuance of an occupancy permit, the owner shall (unless the authority having jurisdiction waives such requirement) submit Letters of Assurance in the form set out in the applicable Schedules F and G, as attached hereto, confirming that the construction of the building, work or project conforms with the plans, specifications, and related documents for which the building permit was issued. 4.2.3.3 The authority having jurisdiction may issue an Interim Occupancy Permit for a partial use of a building or structure subject to any conditions imposed by the authority having jurisdiction. 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 divisions within a group, unless such building or structure is made to comply with the requirements of the Code for that occupancy group, or division within a group. 4.2.3.5 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 twelve (12) months, but before the expiration of such period, the Temporary Occupancy Permit may be renewed by the authority having jurisdiction for two further twelve months periods. 4.2.3.7 Notwithstanding apparent compliance with this by-law, the authority having jurisdiction may refuse to issue an Occupancy Permit if the building, structure, or proposed use is to the authority having jurisdiction's knowledge in violation of a Zoning by-law, or any other bylaw 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. - 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 ## 4.2.4. Demolition Permits: 4.2.4.1 No person shall commence or cause to be commenced the demolition of any building or structure, or portion thereof, unless a Demolition Permit has first been obtained from the authority having jurisdiction. 4.2.4.2 The demolition of a building or structure shall be subject to the requirements of the Code. 4.2.5 General: 4.2.5.1 No permit shall be assigned or transferred without the written consent of the authority having jurisdiction. ## Duties, Responsibilities & Powers ## SECTION 5 ## 5.1. Duties and Responsibilities of the Owner: 5.1.1 Every owner shall allow the authority having jurisdiction to enter any building or premises at any reasonable time for the purpose of administering and enforcing the requirements of this by-law. 5.1.2 Every owner shall obtain all permits or approvals required in connection with proposed work, prior to commencing the work to which they relate. - premises in figures at least 3 inches (75 mm) high and visible from the 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 - 5.1.3 Every owner shall: ensure that the plans and specifications on which the issue of any permit street or sidewalk. 5.1.4 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. the designer of the work; the person reviewing the work; and any inspection or testing agency engaged to monitor the work or part (iii) 5.1.5 Every owner shall before commencing the work, give notice in writing to the authority having jurisdiction, prior to commencing the work, listing the name, address and telephone number of the constructor or other person in charge of the work; 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. (b) 5.1.6 Every owner shall give sufficient notice to the authority having jurisdiction. 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. 5.1.7 Every owner shall give notice in writing to the authority having jurisdiction immediately upon any change in ownership or change in the address of the owner occurs prior to the issuance of an Occupancy Permit; stages; and prior to occupying any portion of the building if it is to be occupied in of any such other notice as may be required by the authority having jurisdiction. 5.1.8 Every owner shall give such other notice to the authority having jurisdiction as may be required by the provisions of the Code or this by-law. 5.1.9 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 to the authority having jurisdiction when and as required by the authority having jurisdiction. 5.1.10 Every owner shall provide an up-to-date survey of the building site when and as required by the authority having jurisdiction. 5.1.11 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. 5.1.12 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 5.1.13 Except in one- and two-family dwellings and their accessory buildings, occupancy of a building or part of it after construction, partial demolition, having jurisdiction before any or alteration of that building, or change in the occupancy of any building or part of it. 5.1.14 Should occupancy occur before the completion of any work being undertaken, every owner shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed. 5.1.15 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. Cas structural components specifically requiring a professional engineer design in accordance with the Code, or requires the use of firewalls according to the Code, 5.1.17 (1) Every owner who undertakes to construct or have constructed a building which has structural components falling within the scope of Part 4 of the related documents meet the requirements of the Code. and the for the design and that all appropriate plans, specifications and 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 the seal or stamp of the registered professional, and requirements of applicable acts, regulations and by-laws, and bear for inspection of construction to ensure compliance with the design and the requirements of applicable acts, regulations and by-laws. (3) If the engagement of an architect or professional engineer pursuant to Sentences 5.1.17.(1) and (2) is terminated during the construction period, work shall be discontinued until a replacement has been appointed. (4) The requirements of Sentences 5.1.17(1), (2), and (3) shall apply to a change in occupancy, an alteration, addition, reconstruction or the relocation of a building where and as required by the authority having jurisdiction. 5.1.18 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 based on calculation, testing, or other means of evaluation, the owner shall retain the services of an architect or professional engineer. demolish, remove or relocate a building shall provide supervision and 5.1.19 Every owner who undertakes to construct, alter, reconstruct, coordination of all work and trades. 5.1.20 Every owner shall ensure that all materials, systems, equipment, and the like used in the construction, alteration, reconstruction, or renovation of a building meet the requirements of applicable acts, regulations and by-laws for the work undertaken. ## 5.2 Duties And Responsibilities Of The Constructor: 5.2.1 Every Constructor shall ensure that all construction safety requirements of the Code are complied with. 5.2.2 Every Constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part thereon without approval first having been obtained in writing from the Council. 5.2.3 Every Constructor is responsible jointly and severally with the owner for work actually taken. Duties & Responsibilities of Authority Having Jurisdiction: 5.3 5.3.1 The authority having jurisdiction shall administer this by-law and herein. shall have the powers of enforcement more particularly set out in Article 5.5 5.3.2 The authority having jurisdiction shall keep copies of all applications received, permits and orders issued, inspections and tests made, and of all papers and documents connected with the administration of the Code and this by-law for such time as required by the provisions of the Municipal Act 5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out in Article 5.5.2 herein, the authority having jurisdiction shall issue in writing such notices or orders as may be necessary to inform the owner of the contravention of the Code or this by-law. 5.3.4 The authority having jurisdiction shall provide, when requested to do so, all reasons for refusal to grant a permit. - 5.4.1 When a designer is retained, the designer shall ensure that the design of the building conforms to the Code. 5.4.2 When a professional engineer or architect is required by the Code or the requirements of this by-law, they shall do inspections to ensure that the construction conforms to the design and the Code. 5.4.3 Every designer is required to submit to the authority having jurisdiction: all information needed for review of the design; any changes to the design for which a permit has or may be issued; (a) copies of all inspection reports for inspections done by the designer and others, and (c) any other documentation or certification required by the authority having jurisdiction. (d) 5.4.4 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 5.4.5 If the responsible architect and or professional engineer withdraws from the project, he shall immediately advise the authority having jurisdiction. and/or professional engineer shall, where required by the authority having jurisdiction, submit a certificate stating: accepted drawings and specifications and requirements of the applicable by- 5.4.6 Prior to the issuance of an occupancy permit, the responsible architect 5.4.7 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: 5.5 5. 1y Thanati mario audi or complane wit any elde premises requirements, or to determine if an unsafe condition exists. 5.5.2 The authority having jurisdiction is empowered to issue orders for: an owner or authorized agent to hold at specific stages of construction in order to facilitate an audit or inspection; a person who contravenes these requirements to comply with them within the time period that may be specified; (b) 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; the removal of any unauthorized encroachment on public property; the removal of any building or part of it constructed in contravention (d) (e) of these requirements; the cessation of any occupancy in contravention of these (f) because of work being undertaken or not completed, and the cessation of any occupancy if any unsafe condition exists correction of any unsafe condition. (h) requirements; 5.5.3 The authority having jurisdiction may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction, or foundation condition meets these requirements. 5.5.4 The authority having jurisdiction, may require an owner to submit, in addition to the information required in 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 to establish before construction begins that all the requirements related to this information will be complied with; and to verify that, upon completion of the work, all such requirements have been complied with. 5.5.5 The authority having jurisdiction may ask for any other documentation or tests deemed necessary at the expense of the owner. the appropriate plans, specifications and related documents be reviewed by and bear the seal or stamp of an architect or 5.5.6 Notwithstanding any other provisions herein, wherein the opinion of the authority having jurisdiction the site conditions, the size or complexity of a building, part of a building or building component warrant, or for any other reason, the authority having jurisdiction, may require that the owner have the following done at his/her expense: professional engineer, and the work be inspected during construction by the architect or professional engineer responsible for the work. 5.5.7 The authority having jurisdiction may issue a building permit at the risk of the owner with, if necessary, conditions to ensure compliance with these requirements and any other applicable regulations, to excavate or to construct a portion of a building before all the plans of the project have been submitted to the authority having jurisdiction. whenever incorrect information is found to have been submitted, compliance with the provisions of these requirements, 5.5.8 The authority having jurisdiction may refuse to issue any permit whenever information submitted is inadequate to determine not be permitted by these requirements, or that would authorize any building work or occupancy that would that would be prohibited by any other Act, regulation or by-law. 5.5.9 The authority having jurisdiction may revoke a permit by written there is contravention of any condition under which the permit was notice to the permit holder if the permit was issued in error, or the permit was issued on the basis of incorrect information, the work is being done contrary to the terms of the permit. 5 lo We trote purpose or tering pericte uti natution shall take precedence over any valuation provided by the owner. 5.5.11 The authority having jurisdiction may issue an occupancy permit, use before commencement or completion of the construction or demolition perie, online cupany of busting a part of for the acepted ## jurisdiction may 5.5.12 When any building, construction or excavation or part of it is in an unsafe condition, as a result of being open or unguarded, or because of danger from fire or risk of accident because of its ruinous or dilapidated correct teh conditiona handeem compieet, and when duly hace to 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 Lake such other measures as he may consider necessary to provet the  (a) (b) 5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the authority having jurisdiction, immediate measures need to be taken to avoid an imminent danger, the authority having jurisdiction may take such action as is appropriate, without notice and at the expense of the owner. 5.5.14 The authority having jurisdiction may withhold issuing an occupancy permit on completion of the building or part of the building, until the owner has provided letters to certify compliance with the Code, these requirements and the requirements of applicable Acts, regulations or 5.5.15 The authority having jurisdiction may issue to the owner an order or notice in writing to correct any unsafe conditions observed in any building. ## Appeal ## SECTION 6 during the appeal process. 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 Board of the Mid-West Planning District. All decisions or orders remain in effect The Board of the Mid-West Planning District 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 Board of the Mid-West Planning District may: uphold, rescind, suspend or modify any decision or order given by the authority 6.3 having jurisdiction; extend the time within which compliance with the decision or order shall be deems just; (b) make such other decision or order as in the circumstances of each case it being communicated to the appellant, shall stand in place of the decision or order and the decision or order of the Board of the Mid-West Planning District upon against which appeal is made, and any failure to comply with the decision or order is an offense. ## SECTION 7 Offenses and Penalties ay pray, by this by-lavd on the lyla brany provision of any other by- Any person who contravenes or disobeys, or refuses or neglects to obey Article 6 herein; any order or decision of the Board of the Mid-West Planning District under for which no other penalty is herein provided is guilty of any offense and liable, on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00), or in the case of an individual, to imprisonment for a term not exceeding six months or to both such fine and such an imprisonment Where a corporation commits an offense against the Code or this by-law, each Director or Officer of the corporation who authorized, consented to, connived at, or knowingly permitted or acquiesced in, the doing of the act that constitutes the offense, is likewise guilty of the offenses and liable, on summary conviction, to the penalty for which provision is made in Subsection 7.1 aforesaid. 7.3 Where the contravention, refusal, neglect, omission, or failure, continues for more than one day, the person is guilty of a separate offense for each day it continues. ## Repeal ## SECTION 8 By-law No. 5-2004 of the former Rural Municipality of Hamiota and all amendments thereto, be hereby repealed. By-law No. 2-2004 of the former Town of Hamiota and all amendments thereto, be hereby repealed. 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. any action, suit, judgment, decree, certificate, execution, process, order, rule And the repeal of the said by-laws should not affect: any penalty, forfeiture or liability incurred before the time of such repeal, or any proceedings for enforcing the same, had, done, completed or pending at the time of such repeal of such repeal; ora, proced grand, comphined, pating, especi nri same had dime, contract, lien, charge, matter or thing had, done, made, acquired, established any act. deed, right, title, interest, grant, assurance, registry, rule, regulation, 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; (e) or existing 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. ## Effective Date: This By-law is hereby adopted and shall come into full force on the date following that on which it received third reading by Hamiota Municipality. A.D. 2024. DONE AND PASSED by the Council of Hamiota Municipality in open session assembled in the Hamiota Municipality, in the Province of Manitoba this CHIEF ADMINISTRATIVE OFFICER  A.D. 2024 JUNE Received first reading this 5\_day of \_ A.D. 2024 Received second reading this 19 day of JuNE A.D. 2024 Received third reading this 19 day of JuNE ## SCHEDULE "A" respecting to By-Law No. 2024-03 Permit Fees Permit fees and penalties are set forth in the Mid-West Planning District Fee Schedule ByLaw and collected by the Mid-West Planning District. ## SCHEDULE "B" respecting ## to By-Law No. 2024-03 Plans and Specifications to be Submitted application. Below is a generic list of plans and drawings. Mid-West Planning District manages the application process and determines what documentation is required for each type of permit The Site Plan Framing Plans Roof Plans Four fion Plans Sections and Details Reflected Ceiling Plans Building Elevations Electrical Drawings Heating, Ventilation and Air Conditioning Drawings Plumbing Drawings 11) 10) ## SCHEDULE "C" pursuant to to By-Law No. 2024-03 Subsection 4.2.1.4 of this Building By-law Note: To be submitted prior to issuance of a Building Permit. The information provided is relied upon by the authority having jurisdiction. ASSURANCE OF RETENTION OF PROFESSIONAL has a template for this letter. Mid-West Planning District manages the application process and determines what documentation is required for each type of permit application. Mid-West Planning District ## SCHEDULE "D" ## to By-Law No. 2024-03 pursuant to Subsection 4.2.1.4 of this Building By-law Note: To be submitted prior to issuance of a Building Permit Separate form to be submitted by each registered professional. The information provided is relied upon by the Authority Having Jurisdiction. ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION Mid-West Planning District manages the application process and determines what documentation is required for each type of permit application. Mid-West Planning District has a template for this letter. SCHEDULE "E" to By-Law No. 2024-03 pursuant to Subsection 4.2.1.5 of this Building By-law Note: To be submitted prior to issuance of a Building Permit. The information provided is relied upon by the authority having jurisdiction LETTER OF ASSURANCE SCHEDULE "F" pursuant to to By-Law No. 2024-03 Subsection 4.2.3.2 of this Building By-law Note: To be submitted after completion of the project but prior to official occupancy. The information provided is relied upon by the authority having jurisdiction. ## ASSURANCE OF COMPLIANCE Mid-West Planning District manages the application process and determines what documentation is required for each type of permit. Mid-West Planning District has a template for this letter. ## SCHEDULE "G" ## to By-Law No. 2024-03 ## pursuant to Subsection 4.2.3.2 of this Building By-law Separate form to be submitted by each registered professional. Note: To be submitted after completion of the project but prior to official occupancy. The information provided is relied upon by the authority having jurisdiction. ## ASSURANCE OF PROFESSIONAL INSPECTION AND COMPLIANCE Mid-West Planning District manages the application process and determines what documentation is required for each type of permit. Mid-West Planning District has a template for this letter.