This is the exact embedded text of the captured official document.
Snapshot 0b9a17e01def · verified 2026-09-24 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-Law No. 2024-006
Page 1 of 18
TOWN OF MELITA
BUILDING BY-LAW NO. 2024-006
BEING A BYLAW of the Town of Melita to provide for the adoption of The Manitoba
Building 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 Town of Melita is empowered by The Buildings and Mobile Homes Act, as
hereinafter defined, to adopt the Code pursuant to bylaw;
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 Town of Melita, duly assembled, enacts as follows:
SECTION 1: TITLE
1.1
This by-law may be cited as the Town of Melita Building By-Law.
SECTION 2: SCOPE & DEFINITION
2.1
Scope:
2.1.1 This by-law applies to the whole of the Town of Melita.
2.1.2 This by-law applies to administration and enforcement in the design,
construction, erection, placement and occupancy of new buildings, and the
alteration, reconstruction, demolition, removal, relocation, occupancy and
change in occupancy of existing buildings and any requirements that are
necessary to correct unsafe conditions in existing buildings.
2.1.3 The requirements of the Code are hereby adopted and shall apply to all work
falling within the scope and jurisdiction of this by-law.
2.1.4 Any construction or condition that lawfully existed before the effective date
of this By-law need not conform to the requirements of this by-law if such
construction or condition does not constitute an unsafe condition in the
opinion of the Town of Melita.
2.2
Definitions:
2.2.1 The words and terms in italics in this by-law shall have the meaning
prescribed in subsection 2.2.3 herein, and if no definition is provided herein
they shall have the meanings as prescribed in the Code. Should a word or
term be defined in both this by-law and the Code, then the definition set forth
in this by-law shall govern.
2.2.2 Definitions of words and phrases used in this by-law that are not specifically
defined in the Code or in this subsection shall have the meanings that are
commonly assigned to them in the context in which they are used in these
requirements, considering the specialized use of terms within the various
trades and professions to which the terminology applies.
By-Law No. 2024-006
Page 2 of 18
2.2.3 Words and terms in italics in this by-law shall have the following meanings:
"Audit" - means a random review of design or construction work by the
authority having jurisdiction to ascertain compliance with the Code
and this by-law.
"Authority Having Jurisdiction" - means the Town of Melita, where the
context requires, such building inspector or other authority lawfully
appointed by the Town of Melita to administer and enforce the
provisions of this by-law.
"Code" - means the Manitoba Building Code as established, adopted and
revised from time to time under Section 3 of the Buildings and
Mobile Homes Act.
"Council" - means the municipal council of the Town of Melita.
"Municipality" - means the Town of Melita and the Authority Having
Jurisdiction and, where the context requires, such building
inspector or other authority lawfully appointed by the Town of
Melita to administer and enforce this by-law;
"Permit" - means written permission or written authorization from the
authority having jurisdiction in respect to matters regulated by this
by-law.
"Person" - means and includes any individual, corporation partnership, firm,
joint venture, syndicate, association or trust, and any other form of
entity or organization.
"RTM" - means ready to move houses being houses or buildings
constructed in one location and moved to a different location.
"Valuation" - shall mean the total monetary worth of all construction or work,
including all painting, papering, roofing, electrical work, plumbing,
permanent or fixed equipment, including any permanent heating,
elevator equipment or fire sprinkler equipment, and all labour,
materials and other devices entering into and necessary to the
prosecution of the work in its completed form. No portion of any
building including, mechanical, electrical and plumbing work, shall
be excluded from the valuation for a permit.
SECTION 3: GENERAL
3.1
Application Generally:
3.1.1 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.
By-Law No. 2024-006
Page 3 of 18
3.2
Limited Application to Existing Buildings:
3.2.1 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 Municipality.
3.2.2 When a building or any part of it is altered or repaired, the Code applies to
the parts of the building altered or repaired except that where in the opinion
of the Municipality, the alteration will affect the degree of safety of the
existing building, the existing building shall be improved as may be required
by the Municipality.
3.2.3 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.
3.2.4 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
Municipality.
3.2.5 When the whole or any part of a building is demolished, the requirements
of this by-law apply to the work involved in the demolition and to the work
required to any parts remaining after demolition to the extent that
deficiencies occurring or remaining after demolition require correction.
3.2.6 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.
3.2.7 When an unsafe condition exists in or about a building, the Code, the
requirements of this by-law and the appropriate regulations in the Fire
Prevention Act, and the Manitoba Fire Code, shall apply to the work
necessary to correct the unsafe condition.
3.2.8 When the occupancy of a building or any part of it is changed, the
requirements of this by-law apply to all parts of the building effected by the
change.
3.3
Exemptions:
3.3.1 These requirements do not apply to
(a) sewage, water. electrical, telephone, rail or similar systems located on
a street or a public transit right of way.
(b) public utility towers or poles, television and radio or other
communication aerials and towers, except for loads resulting from those
located on or attached to buildings.
(c) flood control and hydro electric dams and structures.
By-Law No. 2024-006
Page 4 of 18
(d) mechanical or other equipment and appliances not regulated in this by-
law.
3.4
Prohibitions:
3.4.1 Any person who fails to comply with any order or notice issued by the
Municipality, 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 Municipality to allow such deviation except
for minor changes to accepted plans and specifications which, when
completed would not cause a violation of the Code or other by-laws.
3.4.4 Where an occupancy permit is required by Section 4.2.3 herein, no person
shall occupy or allow the occupancy of any building, or part thereof, or
change the occupancy, unless and until an occupancy permit has been
issued by Municipality.
3.4.5 No person shall knowingly submit false or misleading information to the
Municipality concerning any matter relating to this by-law.
3.4.6 No person shall excavate or undertake work on, over or under public
property, or erect or place any construction or work or store any materials
thereon without receiving prior approval in writing from the appropriate
government authority.
3.4.7 No person shall allow the ground elevations or the property boundaries of
a building lot to be changed so as to place a building, or part of it, in
contravention of the requirements of this by-law, unless the building, or part
of it, is so altered, after obtaining the necessary permit, such that no
contravention will occur because of the change of the property boundary or
grades.
3.4.8 No person shall allow the ground elevation of a building lot or site to be
changed so as to cause surface water to flow or drain towards a building on
the same lot or site, or onto an adjacent lot or building site.
3.4.9 No person shall restrict or intend to restrict surface water to flow or drain its
natural course.
3.5
Mobile Homes and RTM's
By-Law No. 2024-006
Page 5 of 18
3.5.1 Mobile homes and/or RTM's shall comply with the requirements of the
Code.
3.5.2 The Municipality may require any or all of the following in respect to a mobile
home or RTM sought to be located within the area of jurisdiction of the
Municipality:
(a) the submission of a complete set of plans and specifications;
(b) the seal of an Engineer licensed in the Province of Manitoba in respect
to all building components requiring professional certification;
(c) submission of copies of any or all permits taken out for the mobile home
or RTM in the location of its construction together with a copy of any or
all inspection reports;
(d) such inspections or certifications as the Municipality may deem
necessary in order to ensure compliance with the Code and this by-law.
SECTION 4: PERMITS
4.1
Application
4.1.1 Except as otherwise allowed by the Municipality, every application for a
permit shall be in the form prescribed by the Municipality and shall:
(a) identify and describe in detail the work and occupancy to be covered
by the permit for which the application is made,
(b) describe the land on which the work is to be done by a description that
will readily identify and locate the building lot,
(c) state the valuation of the proposed work,
(d) state the names, addresses and telephone numbers of the owners,
architect, professional engineer or other designer, constructor and any
inspection or testing agency engaged to monitor the work or part of the
work.
(e) include such additional information as maybe required by the
Municipality.
4.1.2 The Municipality may deny any application for a permit that is deemed
incomplete. If the Municipality accepts an incomplete application, the
Municipality shall provide a deadline for submitting any remaining
application requirements. Failure to meet this deadline will result in deemed
abandonment of the application.
4.1.3 All fees for permits shall be paid prior to any permit being issued and shall
be in accordance with the Town of Melita's Fee and Charges By-Law, as
amended from time to time.
4.1.4 A permit shall expire and the right of an owner under the permit shall end if;
(a) the work authorized by the permit is not commenced within six months
from the date of issue of the permit and actively carried out after that, or
(b) the work authorized under the permit is suspended for six months
unless otherwise extended by the Municipality.
By-Law No. 2024-006
Page 6 of 18
4.1.5 Any revision to the original application described in article 4.1.1 shall be
made in the same manner as for the original permit.
4.1.6 Applications for permits may be filed, and permits may be issued to an
owner, or to a constructor or other properly authorized agent of the owner.
4.1.7 No permit shall be transferred to another person without written consent of
the owner or authorized agent.
4.2
Building Permits:
4.2.1 Except as permitted in Article 4.2.2 herein, unless a building permit has first
been obtained from the Municipality, no person shall commence or cause
to be commenced:
(a) the location, placement, erection or construction of any building or
structure or portion thereof;
(b) the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(c) the repair, rehabilitation, or renovation of any building or structure, or
portion thereof;
(d) underpinning;
(e) the relocation or removal of any building or structure, or portion thereof;
(f) the excavation of any land for any purpose of erecting or location on or
above it, any building or structure;
(g) the installation, construction, repair, renewal, alteration or extension of
a mechanical system;
(h) any permanent private or semi-private swimming pools (in or above
ground), hot tubs and similar structures with a minimum depth of 2 feet.
4.2.2 A building permit is not required for:
(a) patching, painting or decorating;
(b) replacement of stucco, siding or shingles with the comparable material;
(c) replacement of doors or windows when the opening is not altered;
(d) replacement of open landing and stairs;
(e) installation of cabinets and shelves;
(f) a detached accessory storage building not greater than 100 square feet
in building area;
(g) an open and unenclosed detached deck with a height from grade of less
than 2 feet to the top of the decking;
(h) an open and unenclosed attached or detached deck no greater than 50
square feet in floor area;
(i) non-structural alterations or repairs where the value of such work in less
than five thousand dollars ($5,000.00)
4.2.3 Notwithstanding that a building permit is not required for the work described
in Article 4.2.2., 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
By-Law No. 2024-006
Page 7 of 18
structure in contravention or further contravention of the Code or this or any
other by-law.
4.3
Plumbing Permits:
4.3.1 Except as provided in sentence 4.3.2, no person shall construct, extend,
alter, renew or repair or make a connection to a plumbing system unless a
permit to do so has been obtained.
4.3.2 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.
4.3.3 Non-Residential (except for multi-family/part 3 residential) projects require
a provincially licensed journeyman plumber. The employed plumber's
registration number is required to be submitted as part of the application
permit.
4.4
Occupancy Permits:
4.4.1 Except as otherwise permitted herein, no person shall occupy or use or
permit the occupancy or use or change the occupancy or use of any building
or part thereof, for which an occupancy permit is required hereunder.
4.4.2 An Occupancy Permit is required from the Municipality for:
(a) the occupancy of any new building or structure or portion thereof except
a single- family dwelling, a two-family dwelling or a multi-family dwelling
without shared exit facilities;
(b) the occupancy of any existing building or structure where an alteration
is made thereto, except a single-family dwelling, a two-family dwelling
or a multi-family dwelling without shared exit facilities;
(c) for a change from one Major Occupancy group to another or a change
from one division to another within a Major Occupancy group in any
existing building or structure, or part thereof;
(d) for a change from one use to another within the same division in a Major
Occupancy group which results in an increase in the occupant load;
(e) for a change or addition of an occupancy classification of a suite in a
building; and
(f) for a change from a use not previously authorized to a new use.
4.4.3 The Municipality may issue an Interim Occupancy Permit for a partial use of
a building or structure subject to any conditions imposed by the Municipality.
4.4.4 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.
By-Law No. 2024-006
Page 8 of 18
4.4.5 The Municipality may issue a Temporary Occupancy Permit for the use of a
building or structure approved as a temporary building or structure.
4.4.6 A Temporary Occupancy Permit shall be for a period not more than six
months, but before the expiration of such period, the Temporary Occupancy
Permit may be renewed by the Municipality for two further six months
periods.
4.4.7 Notwithstanding apparent compliance with this by-law, the Municipality may
refuse to issue an Occupancy Permit if the building, structure or proposed
use is to the Municipality's knowledge in violation of the Town of Melita
Zoning By-law, or any other by-law of the Municipality.
4.4.8 An applicant for an Occupancy Permit shall supply all information requested
by the Municipality to show compliance with the by-law and any other
relevant by-laws of the Municipality.
4.4.9 The granting of an occupancy permit by the Municipality 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.
4.4.10 The required Occupancy Permit shall be displayed and maintained in a
legible condition by the owner or his agent in a location acceptable to the
Municipality.
4.5
Demolition Permits:
4.5.1 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 Municipality.
4.5.2 The demolition of a building or structure shall be subject to the requirements
of the Code, including, but not limited to;
(a) maintaining site safety as per the Codes;
(b) complying with all Municipal by-laws, regulations, and procedures;
(c) disconnecting and securing all utilities; and
(d) removing old foundation, leveling the ground, and making the site clean,
sanitary, and safe as to the satisfaction of the Municipality.
4.5.3 When the whole or any part of a building is demolished, the requirements of
this by-law apply to the work involved in the demolition and to the work
required to any parts remaining after demolition to the extent that
deficiencies occurring or remaining after demolition require correction.
4.5.4 Should a building or structure be relocated within the Municipality, the
owner is responsible for obtaining any and all necessary permits from the
Municipality with regards to placing the building or structure at the new
location.
By-Law No. 2024-006
Page 9 of 18
SECTION 5: DUTIES, RESPONSIBILITIES & POWERS
5.1
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow the Municipality to enter any building or premises
at any reasonable time for the purpose of administering and enforcing the
requirements of this by-law.
5.1.2 Every owner shall obtain all permits or approvals required in connection
with proposed work, prior to commencing the work to which they relate.
5.1.3 Every owner shall ensure that the plans and specifications on which the
issue of any permit was based are available continuously at site of the work
for audit or inspection during working hours by the Municipality, and that
the Permit, or true copy thereof, is posted conspicuously on the site during
the entire execution of the work.
5.1.4 Every owner shall before commencing any work, give notice in writing to
the Municipality, prior to commencing the work, listing;
(a) the name, address and telephone number of
(i)
the constructor or other person in charge of the work;
(ii)
the person reviewing the work; and
(iii) any inspection or testing agency engaged to monitor the work or
part of the work.
(b) any change in or termination or employment of such persons during the
course of the construction immediately that such change or termination
occurs.
5.1.5 Every owner shall give sufficient notice to the Municipality;
(a) of intent to begin work that the Municipality has directed may be subject
to inspection during construction,
(b) of intent to cover work that the Municipality has directed may be subject
to inspection during construction; and
(c) when work has been completed and before occupancy.
5.1.6 Every owner shall give notice in writing to the Municipality;
(a) immediately upon any change in ownership or change in the address of
the owner occurs prior to the issuance of the Occupancy Permit;
(b) prior to occupying any portion of the building if it is to be occupied in
stages; and
(c) of any such other notice as may be required by the Municipality.
5.1.7 Every owner shall give such other notice to the Municipality as may be
required by the provisions of the Code or this by-law.
5.1.8 Every owner shall be responsible for scheduling all permit inspections, as
required by the Municipality.
By-Law No. 2024-006
Page 10 of 18
5.1.9 Every owner shall make, or have made at their 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
Municipality.
5.1.10 Every owner shall provide an up-to-date survey of the building site when
and as required by the Municipality.
5.1.11 When required by the Municipality, every owner shall uncover and re-cover
at their 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.
5.1.13 Except in one and two family dwellings and their accessory buildings, every
owner shall, where required, obtain an occupancy permit from the
Municipality before any;
(a) occupancy of a building or part of it after construction, partial demolition
or alteration of that building, or
(b) change in the occupancy of any building or part of it.
5.1.14 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 When a building or part of it is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe condition.
5.1.16 Every owner who undertakes to construct or have constructed a building
which;
(a) has structural components falling within the scope of Part 4 of the Code,
(b) has structural components specifically requiring a professional
engineer design in accordance with the Code, or
(c) requires the use of firewalls according to the Code,
shall ensure that an architect, professional engineer or both are retained to
undertake professional design and inspection.
5.1.17 Professional design and inspection referred to in sentence 5.1.17 requires
that an architect, professional engineer or both be responsible;
(a) for the design and that all appropriate plans, specifications and related
documents meet the requirements of the Code, and the requirements
of applicable acts, regulations and by-laws, and bear the seal or stamp
of the registered professional, and
(b) for inspection of construction to ensure compliance with the design and
the requirements of applicable acts, regulations and by-laws.
By-Law No. 2024-006
Page 11 of 18
5.1.18 If the engagement of an architect or professional engineer pursuant to
Section 5.1.17 and 5.1.18 is terminated during the construction period, work
shall be discontinued until a replacement has been appointed.
5.1.19 The requirements of Section 5.1.17, 5.1.18, and 5.1.19 shall apply to a
change in occupancy, an alteration, addition, reconstruction or the
relocation of a building where and as required by the Municipality.
5.1.20 Where the dimensions of a structural component are not provided in Part 9
of the Code for use in a building within the scope of that part, and such
dimensions are to be determined on the basis of calculation, testing or other
means of evaluation, the owner shall retain the services of an architect or
professional engineer.
5.1.21 Every owner who undertakes to construct, alter, reconstruct, demolish,
remove or relocate a building shall provide supervision and coordination of
all work and trades.
5.1.22 The issuance of a permit by the Municipality does not relieve the owner of
the responsibility for carrying out the work or having work carried out in
accordance with the Code and this by-law.
5.1.23 Where a stop work order has been issued by the Municipality, the owner
shall stop work immediately, except for the installation or erection of covers
or guards to ensure the site is maintained in a safe condition.
5.1.24 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 shall ensure that all work carried out in accordance with
this by-law, the Code and all provisions as described on the permit and
accepted drawings and specifications.
5.2.3 Every Constructor, when required by the Municipality, provide a statutory
declaration that their work was completed in accordance with the accepted
plans and specifications, and the requirements of the Codes and this by-
law.
5.2.4 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.
5.2.5 Every Constructor shall give notice to the Municipality;
By-Law No. 2024-006
Page 12 of 18
(a) of the intent to cover work that has been ordered to be inspected prior
to covering;
(b) when the work scheduled to be inspected is not ready for inspection;
and
(c) when work has been completed so that a final inspection can be made.
5.2.6 Every Constructor is responsible jointly and severally with the owner for
work actually taken.
5.3 Duties and Responsibilities of the Municipality:
5.3.1 The Municipality shall administer this by-law and shall have the powers of
enforcement more particularly set out in Article 5.5 herein.
5.3.2 The Municipality 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 Municipality seeks to enforce any of the powers set out in Article
5.5.2 herein, the Municipality 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 Municipality shall provide, when requested to do so, all reasons for
refusal to grant a permit.
5.3.5 The Municipality shall answer such relevant questions as may be
reasonable with respect to the provisions of the Code or this by-law when
required to do so, but shall refrain from assisting with design or form acting
in the capacity of design professionals.
5.4
Duties and Responsibilities of the Design Professional:
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 Municipality:
(a) all information needed for review of the design;
(b) any changes to the design for which a permit has or may be issued;
(c) copies of all inspection reports for inspections done by the designer and
others, and
(d) any other documentation or certification required by the Municipality.
5.4.4 Every designer shall ensure that all materials, systems, equipment or related
matter specified for the construction, alteration, reconstruction or
By-Law No. 2024-006
Page 13 of 18
renovation of a building meet the requirements of the Code and the
requirements of applicable Acts, regulations and by-laws for the work to be
undertaken.
5.4.5 If the responsible architect and/or professional engineer withdraws from the
project, they shall immediately advise the Municipality.
5.4.6 Prior to the issuance of an occupancy permit, the responsible architect
and/or professional engineer shall, where required by the Municipality,
submit a certificate stating:
"The construction has been reviewed under my supervision in accordance
with recognized professional inspection standards, and that to the best of
my/our knowledge the structure was constructed in accordance with the
accepted drawings and specifications and requirements of the applicable
by-laws".
5.4.7 The responsible architect and/or professional engineer shall sign, date and
seal all of the documents referred to in this article.
5.5
Powers of the Municipality:
5.5.1 The Municipality may enter any building or premises at any reasonable time
to audit for compliance with the Code or these requirements, or to
determine if an unsafe condition exists.
5.5.2 The Municipality is empowered to issue orders for:
(a) an owner or authorized agent to hold at specific stages of construction
in order to facilitate an audit or inspection;
(b) a person who contravenes these requirements to comply with them
within the time period that may be specified;
(c) work to stop on the building or any part of it if such work is proceeding
in contravention of these requirements, or if there is deemed to be an
unsafe condition;
(d) the removal of any unauthorized encroachment on public property;
(e) the removal of any building or part of it constructed in contravention of
these requirements;
(f) the cessation of any occupancy in contravention of these requirements;
(g) the cessation of any occupancy if any unsafe condition exists because
of work being undertaken or not completed, and
(h) correction of any unsafe condition.
5.5.3 The Municipality 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.
By-Law No. 2024-006
Page 14 of 18
5.5.4 The Municipality, may require an owner to submit, in addition to the
information required in Article 4.1.1, an up-to-date plan or survey, prepared
by a registered land surveyor, architect or professional engineer, as is
appropriate to the work, and which shall contain sufficient information
regarding the site and the location of any building;
(a) to establish before construction begins that all the requirements related
to this information will be complied with; and
(b) to verify that, upon completion of the work, all such requirements have
been complied with.
5.5.5 The Municipality may ask for any other documentation or tests deemed
necessary at the expense of the owner.
5.5.6 Notwithstanding any other provisions herein, wherein the opinion of the
Municipality the site conditions, the size or complexity of a building, part of
a building or building component warrant, or for any other reason, the
Municipality, may require that the owner have the following done at their
expense:
(a) the appropriate plans, specifications and related documents be
reviewed by and bear the seal or stamp of an architect or professional
engineer, and
(b) the work be inspected during construction by the architect or
professional engineer responsible for the work.
5.5.7 The Municipality 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
Municipality.
5.5.8 The Municipality may refuse to issue any permit:
(a) whenever information submitted is inadequate to determine compliance
with the provisions of these requirements,
(b) whenever incorrect information is found to have been submitted,
(c) that would authorize any building work or occupancy that would not be
permitted by these requirements, or
(d) that would be prohibited by any other Act, regulation or by-law.
5.5.9 The Municipality may revoke a permit, at their discretion, by written notice
to the permit holder if;
(a) there is contravention of any condition under which the permit was
issued,
(b) the permit was issued in error, or
(c) the permit was issued on the basis of incorrect information,
(d) the work is being done contrary to the terms of the permit.
(e) the work pursuant to the permit is creating an unsafe environment or is
adversely impacting adjacent property or municipal property.
By-Law No. 2024-006
Page 15 of 18
5.5.10 The Municipality may place a valuation on the cost of the work for the
purpose of determining permit fees. Such valuation shall take precedence
over any valuation provided by the owner.
5.5.11 The Municipality may issue an occupancy permit, subject to compliance
with provisions to safeguard persons in or about the premises, to allow the
occupancy of a building or part of it for the accepted use, before
commencement or completion of the construction or demolition work.
5.5.12 When any building, construction or excavation or part of it is in an unsafe
condition, as a result of being open or unguarded, or because of danger
from fire or risk of accident because of its ruinous or dilapidated state, faulty
construction, abandonment or other, and when due notice to correct such
condition has not been complied with, the Municipality may;
(a) demolish, remove or make safe such building, construction excavation
or part of it at the expense of the owner and may recover such expense
in like manner as municipal taxes, and
(b) take such other measures as he may consider necessary to protect the
public.
5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the
Municipality, immediate measures need to be taken to avoid an imminent
danger, the Municipality may take such action as is appropriate, without
notice and at the expense of the owner.
5.5.14 The Municipality may withhold issuing an occupancy permit on completion
of the building or part of the building, until the owner has provided letters to
certify compliance with the Code, these requirements and the requirements
of applicable Acts, regulations or by-laws.
5.5.15 The Municipality may issue to the owner an order or notice in writing to
correct any unsafe conditions observed in any building.
5.5.16 Should the measurements of a site plan submitted as part of an application
for permit appear to be inaccurate, the Municipality may rely on other
property information to verify the accuracy of the site plan. Such
measurements shall take precedence over any measurements provided by
the owner. The Municipality shall not be held liable for damages or
additional processes required as a result of accepting the applicant's site
plan measurements.
SECTION 6: OFFENSES AND PENALTIES
6.1
If any building or structure or part thereof or addition there to is constructed,
erected, placed, altered, repaired, renovated or reconstructed in contravention of
any provision of this by-law, the Municipality may take any measures as permitted
pursuant to this by-law, The Buildings and Mobile Homes Act, The Municipal Act,
The Planning Act or any other statute or applicable municipal by-law for the
purpose of ensuring compliance with this by-law including, but not limited to:
By-Law No. 2024-006
Page 16 of 18
(a) entering the building or structure,
(b) ordering production of documents, tests, certificates, etc. relating to the
building or land,
(c) taking material samples,
(d) issuing notices to owners that order action within a prescribed time,
(e) eliminating unsafe conditions,
(f) completing actions, upon an owner's non-compliance with an order, adding
the expenses incurred to the tax payable on the property,
(g) obtaining restraining orders,
(h) stop work orders.
6.2
Any person who contravenes or disobeys, or refuses or neglects to obey;
(a) any provision of the Code or this by-law or any provision of any other by-law
that, by this by-law, is made applicable; or
(b) any order or decision of the Council under Section 7 herein;
for which no other penalty is herein provided is guilty of any offense and liable, on
summary conviction, to a fine not exceeding five thousand dollars ($5,000.00), or
in the case of an individual, to imprisonment for a term not exceeding six months
or to both such fine and such an imprisonment.
6.3
Where a corporation commits an offense against the Code or this by-law, each
Director or Officer of the corporation who authorized, consented to, connived at,
or knowingly permitted or acquiesced in, the doing of the act that constitutes the
offense, is likewise guilty of the offenses and liable, on summary conviction, to the
penalty for which provision is made in Subsection 6.2 aforesaid.
6.4
Any person who contravenes a provision of a By-Law, The Municipal Act, The
Planning Act or any other Act the Municipality is authorized to enforce, is liable to
pay the charges and costs (including legal fees related to the enforcement) related
to enforcing the by-law.
6.5
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.
SECTION 7: APPEAL
7.1
Any person aggrieved by any decision or order of the Municipality as to the
issuance of permits, the prevention of construction or occupancy of buildings, the
demolition or removal of buildings, or structures, or any other matter herein may,
within fifteen (15) days from the date of the decision, appeal to the Council. All
decisions or orders remain in effect during the appeal process.
7.2
Council may hear the appeal as a committee of the whole or by subcommittee
especially established for this purpose.
7.3
Upon the hearing of an appeal, the Council may:
By-Law No. 2024-006
Page 17 of 18
(a) uphold, rescind, suspend or modify any decision or order given by the
Municipality;
(b) extend the time within which compliance with the decision or order shall be
made; or
(c) make such other decision or order as in the circumstances of each case it
deems just;
and the decision or order of the Council upon being communicated to the
appellant, shall stand in place of the decision or order against which appeal is
made, and any failure to comply with the decision or order is an offense.
SECTION 8: REPEAL
8.1
By-law No. 1665 and Amending By-Law No. 1722 thereto, be and the same are
hereby repealed.
8.2
The repeal of the by-laws in the last preceding section mentioned shall not revive
any by-law or any provision of any by-law repealed by them, nor shall the said
repeal prevent the effect of any saving clause in the said by-laws or the application
of any of the said by-laws or any other by-law or provision of law formerly in force
to any transaction matter or thing anterior to the said repeal to which they would
otherwise apply.
8.3
And the repeal of the said by-laws should not affect:
(a) 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
(b) any action, suit, judgment, decree, certificate, execution, process, order, rule
or any proceeding, matter or thing whatever, respecting the same had, done,
made, entered, granted, completed, pending, existing or in force at the time of
such repeal;
(c) any act, deed, right, title, interest, grant, assurance, registry, rule, regulation,
contract, lien, charge, matter or thing had, done, made, acquired, established
or existing at the time of such repeal;
(d) any office, appointment, commission, salary, allowance, security, duty or any
matter or thing appertaining thereto at the time of such repeal
(e) any bond, note, debenture, debt, or other obligation made, executed, or
entered into by the Corporation at the time of such repeal;
(f) shall and such repeal defeat, disturb, invalidate, or prejudicially affect any other
matter or thing whatsoever had, done, completed, existing or pending at the
time of such repeal.
DONE AND PASSED by the Council of the Town of Melita, in open session duly
assembled this _______, day of _________, 2024.
TOWN OF MELITA
______________________________
Bill Holden, Mayor
By-Law No. 2024-006
Page 18 of 18
______________________________
Breigh Crepeele, CAO
Read a first time this ______ day of _______, 2024.
Read a second time this _____ day of ________, 2024.
Read a third time this _____day of ________, 2024.