City of Portage la Prairie Building By-law 21-8729 — full text, Portage la Prairie, Manitoba

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City of Portage la Prairie Building By-law 21-8729 TABLE OF CONTENTS SECTION 1: TITLE SECTION 2: SCOPE AND DEFINITIONS 2.1 Scope 2.2 Definitions SECTION 3: GENERAL 3.1 General Application 3.2 Limited Application to Existing Buildings 3.3 Exemptions 3.4 Prohibitions 3.5 Mobile Homes, Modulars and RTM’s SECTION 4: PERMITS 4.1 Application Requirements 4.2 Building Permits 4.3 Plumbing Permits 4.4 Occupancy Permits 4.5 Demolition, Removal or Relocation Permit SECTION 5: GENERAL REQUIREMENTS 5.1 Elevations — New Residential Buildings 5.2 Swimming Pools SECTION 6: DUTIES, RESPONSIBILITIES & POWERS 6.1 Duties and Responsibilities of the Owner 6.2 Duties and Responsibilities of the Contractor(s) 6.3 Duties and Responsibilities of the Designer/Architect/Engineer 6.4 Duties and Responsibilities of the Authority Having Jurisdiction 6.5 Powers of the Authority Having Jurisdiction 6.6 Duties & Responsibilities of the Municipality 6.7 Powers of the Municipality SECTION 7: OFFENCES, PENALTIES AND APPEALS 7.1 Offences and Penalties 7.2 Appeals SECTION 8: REPEAL 8.1 Amendments SECTION 9: EFFECTIVE DATE 8.1 Effective Date Schedule A: List of Plans and Specifications Schedule B: Letter of Assurance Schedule C: Letter of Certification Schedule D: Request for Evaluation of an Alternative Solution Schedule E: Completion of Alternative Solution ADA © COCO NNN 10 11 13 13 14 16 16 17 17 17 19 19 20 21 22 22 22 22 23 23 23 24 CITY OF PORTAGE LA PRAIRIE BY-LAW 21-8729 A BY-LAW OF THE CITY OF PORTAGE LA PRAIRIE to regulate and control new and existing construction, including the construction, erection, alteration, placement, repair, renovation, demolition, relocation, removal, occupancy or change in occupancy of any building, or structure or addition to a building, or structure. WHEREAS 7he Municipal Act subsection 232(1) provides as follows: 232(1) A council may pass By-laws for municipal purposes respecting the following matters: The safety, health, protection and well-being of people, and the safety and protection of the property;” AND WHEREAS 7he Municipal Act subsection 239(1) provides as follows: 239(1) If this or any other Act or a By-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the bui/ding or other structure to be entered to carry out the inspection, remedy, enforcement or action, (a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or By-law; (b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and (c) make copies of anything related to the inspection, remedy, enforcement or action. AND WHEREAS 7he Building and Mobiles Homes Act Section 4 provides as follows: 4 Notwithstanding anything to the contrary in any other Act of the Legislature, each municipality unless excluded under clause 2(2)(c), shall adopt and enforce any building construction code or building construction standard adopted, established or prescribed under Section 3 for the province or the municipality or the part of the province in which the municipality is situated, and may make such By-laws as are necessary for those purposes. AND WHEREAS it is deemed expedient and in the public interest to adopt the said Code and establish such standards. NOW THEREFORE the Counci/ of the City of Portage la Prairie, duly assembled, enacts as follows: SECTION 1: TITLE This By-law may be cited as “The City of Portage la Prairie Bui/ding By-law”. SECTION 2: SCOPE AND DEFINITIONS 2.1 Scope 2.2 2.1.1 2.1.2 2.1.3 2.1.4 This By-law applies to the whole of the City of Portage la Prairie. This By-law applies to administration and enforcement in the design, construction, erection, placement and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation, occupancy and change in occupancy of existing buildings and structures and any requirements that are necessary. The requirements of the Code are hereby adopted and shall apply to all work falling within the scope and jurisdiction of this By-law. Any construction or condition that lawfully existed before the effective date of this By-law need not conform to the requirements of this By-law if such construction condition does not constitute an unsafe condition, in the opinion of the Authority Having Jurisdiction. Definitions 2.2.1 2.2.2 The italicized words and terms in this By-law shall have the meaning prescribed in subsection 2.2.3 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. Words and phrases used in this By-law that are not specifically defined in subsection 2.2.3 or in the Code 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 used in this By-law shall have the following meanings: ACT: The Building and Mobile Homes Act AUTHORITY HAVING JURISDICTION: The Portage la Prairie Planning District and, where the context requires, such bui/ding inspector or other authority lawfully appointed by City of Portage la Prairie to administer and enforce the provisions of this By-law. ALTERATION: A non-structural change or modification to an existing building, structure or use which does not increase the exterior dimensions of heigh and area. AUDIT: A random inspection of design or construction work by the Authority Having Jurisdiction to ascertain compliance with the Code and this By-law. BENCHMARK: A point established on a fixed object, referenced to mean sea level, used to determine the geodetic elevation of other points in the same area. BUILDING: Any structure used or intended for supporting or sheltering any use or OCCUpAaNIcy. BUILDING INSPECTOR: A Building Inspector, a By-law Enforcement or a designate as the person appointed by the City of Portage la Prairie to administer and enforce this By-law. CODE: The Manitoba Building Code and Manitoba Plumbing Code adopted, established and prescribed under Section 3 of 7he Buildings and Mobile Homes Act as revised from time to time. COUNCIL: The Council of the City of Portage la Prairie. ENCLOSURE: A fence, wall or other structure, including doors and gates surrounding a swimming poo/to restrict access thereto. ERECT: When used in this By-law, includes bus/ding, construction, reconstruction and relocation, and without limiting the generality of the word, also includes: a) Any preliminary physical operation, such as excavating, filling or draining; b) Altering any existing building or structure by an addition, enlargement, extension or other structural changes; and c) Any work which requires a bui/ding permit under this By-law. FINISHED GRADE ELEVATION: The elevation, referenced to mean sea level, of the top of the final material placed on the land at the completion of the work. For lawn areas, this is typically the top of sod, if sod is used, or the top of topsoil if seed is used. FINAL INSPECTION: The last inspection to be made on the construction under Development. INTERM/TEMPORARY OCCUPANCY: - A permit issued after substantial completion but before final occupancy as a temporary measure. It is important to note that certain construction and life safety systems must be complete for the entire structure. MAJOR OCCUPANCY: The primary purpose of the buildings) on the property. MOBILE HOME: A portable dwelling unit that is capable of being transported on its own chassis and running gear by towing or other means and is designated to be used as a dwelling unit. MODULAR HOME: A building suitable for year-round occupancy that consists of one or more modules either partially or wholly factory-fabricated and containing a framework that does not contain wheels or towing tongue. When transported to a building site, it will be placed on a permanent foundation so as to be substantially affixed to the site and connected to the required utilities, thereby making it immobile. MUNICIPALITY: The municipal corporation of the City of Portage la Prairie. OCCUPANCY PERMIT: A permit issued after the Fina/ Inspection. PERMIT: The written permission or written authorization from the Authority Having Jurisdiction in respect to matters regulated by this and any other applicable City By-Laws. PERSON: Any person, firm, partnership, cooperative, body corporate or politic and shall be deemed to include the plural where the context so requires. RTM: Ready to move houses or buildings constructed in one location and moved to a different location. STRUCTURE: Anything constructed or erected with a fixed location on or in the ground or attached to something having a fixed location on or in the ground. SUBGRADE ELEVATION: The elevation, referenced to mean sea level, of the top of the material used for levelling of the land prior to the placement of topsoil or finishing material. SWIMMING POOL: Any body of water located outdoors which is partly or completely below grade or is completely above grade, contained in part or in whole by artificial means, in which the depth of the water at any point can exceed 24 inches and is used or capable of being used for swimming but does not include a pool operated for public accommodation. VALUATION: means the total monetary worth of all construction 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 General Application 3.2 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 3.2.1 3.2.2 3.2.3 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 where in the opinion of the Authority Having Jurisdiction the alteration will affect the degree of safety of the existing building, the existing building shall be improved as may be required by the Authority Having Jurisdiction. The number of storeys of an existing buji/ding or structure shall not be increased unless the entire bui/ding or structure conforms to the requirements of the Code. The requirements of this By-law apply where the whole or any part of a building is relocated either within or into the area of jurisdiction of the Municipality. 3.2.4 When the whole or any part of a bu//ding 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. 3.2.5 When a building is demolished by fire, earthquake or other cause, the Code, the requirements of this By-law and the appropriate regulations under 7he Fire Prevention Act (Manitoba), and The Manitoba Fire Code, apply to the work necessary to reconstruct damaged portions of the bui/ding. 3.2.6 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 or structure affected by the change. 3.3 Exemptions 3.3.1 The following buildings and structures are exempt from the application of this By- law: 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) Mechanical or other equipment and appliances not regulated in this By-law; d) Flood control and hydroelectric dams and structures, e) Accessory bui/dings not greater than 10 square metres in bui/ding area; or f) Farm buildings that have building areas less than 600 square metres in size other than farm residence or associated residential bui/dings. 3.4 Prohibitions 3.4.1. Any person who fails to comply with any order or notice issued by the 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 work or authorize or allow work to proceed for which a permit is required unless a valid permit exists for the work to be done. 3.5 3.4.3 3.4.4 3.4.5 3.4.6 3.4.7 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 for such change from the Authority Having Jurisdiction, except for minor changes to accepted plans and specifications which, when completed would not cause a violation of the Code or other By-laws. Where an occupancy is required, no person shall occupy or allow the occupancy of any building or part thereof or change the occupancy unless the owner has obtained an occupancy permit or final inspection issued by the Authority Having Jurisdiction. No person shall cause, allow or maintain any unsafe condition with respect to the construction, reconstruction, demolition, a/teration, relocation or occupancy of a building or structure. No person shall knowingly submit false or misleading information in connection with any application or other matter under this By-law. 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 Municipality. Mobile Homes, Modulars and RTM’s 3.5.1 3.5.2 Mobile homes, Modulars and RTMs shall comply with the requirements of the respective Code. The Authority Having Jurisdiction may require any or all of the following in respect to a mobile home, modular, or RTM sought to be located within the area of jurisdiction of the City of Portage la Prairie: 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, modular or RTM in the location of its construction together with a copy of any or all inspection reports; d) Such inspections or certifications as the Authority Having Jurisdiction may deem necessary in order to ensure compliance with the Code and this By- law. SECTION 4: PERMITS 4.1 Application Requirements 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 Except as otherwise allowed by the Authority Having Jurisdiction, every application for a permit shall be in the form prescribed by the Authority Having Jurisdiction and shall: a) Identify and describe in detail the work and occupancy to be covered by the permit for which the application is made; b) Describe the land on which the work is to be done by a description that will readily identify and locate the bu//ding lot; c) State the va/uation of the proposed work and be accompanied by the required fee as set out in the Planning District Fee Schedule hereto; d) Include those plans and specifications set out in Schedule A hereto, unless otherwise waived by the Authority Having Jurisdiction, and show the occupancy of all parts of the building; e) State the names, addresses and phone numbers of the owners, architect, engineer or other designer, bui/ding mover or builders engaged in the work and such other information as may be reasonably required by Authority Having Jurisdiction to ensure compliance with the Code and this By-law; and f) | Be made in writing and signed by the owner, or in cases where the applicant is not the owner, include a letter of authorization from the owner. When an application for a permit has not been completed in conformance with the requirements of the Authority Having Jurisdiction within six (6) months after the date of filing, the application shall (unless otherwise extended by the Authority Having Jurisdiction) be deemed to have been abandoned and can only be reinstated by filing a new application and paying all required fees. Any revision to the original application described in subsection 4.1.1 shall be made in the same manner as for the original permit, or as may be required by the Authority Having Jurisdiction. Applications for permits may be filed, and permits may be issued to an owner, or to an authorized agent of the owner. No permit shall be assigned or transferred without the prior written consent of the Authority Having Jurisdiction. 10 4,2 4.1.6 4.1.7 4.1.8 4.1.9 No permit shall be issued by the Authority Having Jurisdiction if the work proposed in the plans and specifications is not in conformity with the requirements of this By-law, the Code, the development plan in force and effect in the Municipality and the provisions of 7he Planning Act. No permit shall be issued unless all required fees in connection with the issuance of the permit have been paid in full. Permit fees will be as set out as per Planning District Fee Schedule. 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 (6) 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 by the Applicant for six (6) months unless otherwise extended by the Authority Having Jurisdiction. Where a permit is not obtained before commencement of any work, the owner or contractor shall pay a penalty as per the Planning District Fee Schedule. (double the permit fees). Building Permits 4.2.1 Except as permitted in article 4.2.2 herein, unless a building permit has first been obtained from the Authority Having Jurisdiction, no person shall commence or cause to be commenced: a) The location, placement, erection, construction or reconstruction of any building or structure, or portion thereof; b) The relocation or removal of any bui/ding or structure, or portion thereof; c) Any addition, extension, improvement, a/teration or conversion of any building or structure, or portion thereof; d) Therepair, rehabilitation or renovation of any building or structure, or portion thereof; e) Underpinning; 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, a/teration or extension of a mechanical system; h) |The development of a previously unfinished basement; i) | Any cement slab foundations, regardless of size or where there is a bui/ding being built on it; j) _ Private and semi-private swimming pools (in or above ground), hot tubs, and similar structures that have a minimum depth of 0.6 metres; k) The alteration, addition, erection or re-erection of a sign. 11 4.2.2 A building permitis not required for: 4.2.3 4.2.4 a) b) C) d) e) f) g) h) i) j) k) I) Replacement of stucco, siding or shingles with the same material; Replacement of doors and windows when the size of opening is not altered; Replacement of exterior open landing and stairs when less than 3.34 square metres; Construction of fences as per the zoning By-law; Patching, painting or decorating; Installation of cabinets and shelves; Installation and replacement of sidewalks; Construction of detached accessory bu/i/dings not greater than 10 square metres in building area; Replacing of flooring; Changing interior wall covering i.e.: drywall, paneling; Replacing eaves troughs and down spouts; Other non-structural a/terations or repairs. Notwithstanding that a building permit is not required for the works described in subsection 4.2.2 above, such works shall comply with the Code and the provisions of this or other applicable By-laws and shall not place the bui/ding or structure in contravention or further contravention of the Code or this or any other By-law. Before the issuance of a building permit, the owner shall (unless the Authority Having Jurisdiction waives such requirement) submit Letters of Assurance in the form set out in Schedule B, as attached hereto, which: a) b) Confirm that the owner has retained the necessary designers, architects or professional engineers for all the applicable disciplines, for professional design inspection; and Incorporate the designers, architects or professional engineers’ assurance of professional design and commitment for inspection. If the engagement of an architect or professional engineer are required in the project and terminated during the construction period, work shall be discontinued until a replacement has been appointed. 12 4.3 Plumbing Permits 4.4 4.3.2 Except as provided in subsection 4.3.2, no person shall construct, extend, alter, renew or make a connection to a plumbing system unless a permit to do so has been obtained. 4.3.3 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. 4.3.4 When required by the Authority Having Jurisdiction, the application shall also be accompanied by a plan that shows: a) b) C) The location and size of every building drain, and of every trap and clean out fitting that is on a building drain; The size and location of every soil or waste pipe, trap and vent pipe; and A layout of the potable water distribution system including pipe sizes and valves. 4.3.4 Weeping tile shall not be: a) Required for a concrete basement when the distance from the top of the footing to the finished grade adjacent to the basement wall is less than nine hundred millimeters; and b) | Permitted to drain into the sanitary sewer system of the City. 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 Authority Having Jurisdiction for: a) b) The occupancy of any new building or structure or portion thereof except for residential accessory buildings; The occupancy of any existing building or structure where an alteration is made thereto; except a single-unit dwelling, a two-unit dwelling or multi-unit dwelling without shared exit facilities; 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; For a change from one use to another within the same division in a Major Occupancy group with results in an increase in the occupancy load; For a change or addition or an occupancy classification of a suite in a building, and For a change from a use not previously authorized to a new use. 13 4.5 4.4.3 4.4.4 4.4.5 4.4.6 4.4.7 Before the issuance of an occupancy permit, the owner shall (unless the Authority Having Jurisdiction waives such requirement) submit a Letter of Completion in the form set out in the applicable Schedule D, as attached hereto, confirming that the construction of the bui/ding, work or project conforms with the plans, specifications and related documents for which the bui/ding permit was issued. 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. The duration on the interim occupancy permit shall be left to the discretion of the Authority Having Jurisdiction and the completion time be written on the permit. 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 Jurisdictionr’s knowledge in violation of a Zoning By-law or any other By-law of the Municipality. 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 Municipality. Demolition, Removal or Relocation Permit 4.5.1 4.5.2 4.5.3 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. The Authority Having Jurisdiction may request that an application for a permit to remove, relocate or demolish a buji/ding or structure, shall include the following: a) A description of the building or structure giving the existing location, construction materials, dimensions, number of rooms and condition of exterior and interior; b) A legal description of the existing site; c) A plot plan of the site to be occupied by the bui/ding or structure if located within the City; and d) A legal description of the site to which it is proposed that the bui/ding or structure is to be moved if located within the municipality. The owner, or their agent, of a site from which a building or structure is to be removed or demolished shall ensure to: a) Notify the gas, electric and telephone companies or utilities to shut off and/or remove their service, prior to removal or demolition; 14 4.5.4 4.5.5 4.5.6 b) Contact the City ninety-six (96) hours prior to removal or demolition in order that all water meters and read out devices are disconnected and removed; c) Upon completion of the removal or demolition, put the site in a safe and sanitary condition to the satisfaction of the Municipality. If, as a result of moving or demolishing a bui/ding, the water meter and/or the read out device are lost or destroyed, the Municipality may add the cost thereof to the taxes shown on the tax roll to be charged and levied against the land on which such meter or device was situated, to be collected in the same manner in which ordinary taxes against the land are collectable and with like remedies. The personto whom a permit is issued to demolish a building shall: a) remove the building, clean out the basement and remove all debris below subgrade; b) immediately upon removal of the building, erect a fence around the basement of such quality and design as to make the premises safe; Cc) remove all sewer and water service connections from the site within six (6) months of the date a permitfor moving or demolishing a bui/ding or structure is issued. If a building permit is issued for the same site during the six (6) month period referred to above, the person to whom the permit for moving or demolishing a building or structure was issued shall not be required to remove the sewer and water service connections; d) the Authority Having Jurisdiction, in consultation with the Director of Operations, may extend the six (6) month period referred to in subsection (c) having regard to climatic conditions. The personto whom a permitis issued to move a mobile hore from a site other than a designated mobile horne park, shall, within thirty (30) days of the date of the permit: a) abandon the water and sanitary sewer services, the Authority Having Jurisdiction may waive the application of article if within the said thirty (30) day period, they have issued a bui/ding permitfor a new building on the site which shall use the existing water and sanitary sewer services; b) remove all debris; and c) level the site, apply ten (10) cm of topsoil on the levelled area and see the area to grass. 15 4.5.7 The Municipality may do anything required to be done under articles 4.5.5 or 4.5.6 and may add the cost thereof to the taxes shown on the tax roll to be charged and levied against the land benefiting thereby to be collected in the same manner in which ordinary taxes against the land are collectible and with like remedies. SECTION 5: GENERAL REQUIREMENTS 5.1 Elevations — New Residential Buildings 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 Every applicant for a building permit shall, at the time of application: a) Deposit with the Authority Having Jurisdiction, in the form of cash, bond or irrevocable letter of credit, the sum of $3,000.00 for each bui/ding under construction to a maximum of $9,000.00 if the applicant has 3 or more units under construction at the same time, such deposit to be in addition to any other amount payable under this By-law. b) Produce to the Authority Having Jurisdiction (i) construction drawings in such detail as the Authority Having Jurisdiction may require; (ii) | a plan showing the location of the building on the site, and (iii) | an elevation plan showing a dimension from the top of the footing to the finished grade. The Authority Having Jurisdiction when issuing a building permit shall request the Director of Operations or his designate to: a) Establish a benchmark for the building; b) Establish the finished grade elevations, c) Install on the buiiding site stakes setting out the finished grade elevations for which the applicant shall pay a fee, if requested by developer/homeowner. d) Verify that the footings are at the proper elevation. e) Verify that finished grade is correct. Every person who constructs a building shall, after forming but before pouring the footing, request the Authority Having Jurisdiction on 24 hours’ notice, to verify that the footings are at a proper elevation. Every holder of a bui/ding permit shall complete the finished lot grading. In the event an applicant refuses or neglects to correct a deficiency within 30 days of being notified thereof by registered mail, the Authority Having Jurisdiction may, without further notice to the applicant, correct the deficiency and apply the whole or any part of the deposit to the cost of correcting the deficiency. 16 5.1.6 5.1.7 5.1.8 5.1.9 The Authority Having Jurisdiction shall return to the applicant the deposit referred to in article 5.1.1 when he is satisfied that the applicant has complied with all the provision of the bu//ding permit and this By-law. The applicant shall not be entitled to interest on the deposit. The Director of Operations may, in their absolute discretion, allow a variation or tolerance of fifty (50) mm plus or minus with their respect to any requirements set out in the building permit. Every owner of a residential property shall maintain the approved elevations. No person shall allow the ground elevations of a bui/ding \ot or site to be changed so as to cause surface water to flow or drain towards any other bui/ding or property. 5.2 Swimming Pools 5.2.1 No person shall construct, install or use a swimming poo/ unless the owner is in possession of a permit issued by the Authority Having Jurisdiction. SECTION 6: DUTIES, RESPONSIBILITIES & POWERS 6.1 Duties and Responsibilities of the Owner 6.1.1 6.1.2 6.1.3 6.1.4 Every owner or occupier shall allow the Authority Having Jurisdiction to enter any building or premises at any reasonable time for the purpose of administering and enforcing the Code and this By-law. Every owner shall obtain all permits, acceptances and approvals required in connection with the proposed work, prior to commencing the work to which they relate. Every owner shall ensure that plans and specifications on which the issue of any permit was based are available at the time of application for permit, for inspection and approval by the building inspector. The building permit, or a true copy thereof, is to be posted in a conspicuous location on the site during the entire execution of the work. Neither the granting of a permit, nor the approval of drawings, plans and specifications, nor inspections made by the Authority Having Jurisdiction, shall in any way relieve the owner from full responsibility for carrying out the work in strict conformance with the provisions of this By-law and the Code. 17 6.1.5 6.1.6 6.1.7 6.1.8 6.1.9 6.1.10 6.1.11 6.1.12 6.1.13 6.1.14 The owner, 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. Every owner shall give notice to the Authority Having Jurisdiction when work has been completed and before occupancy or final inspection. Every owner shall give notice in writing to the Authority Having Jurisdiction immediately of any change in ownership or change in the address of the owner that occurs prior to the issuance of an occupancy permit. Every owner shall give such other notice to the Authority Having Jurisdiction that may be required by the provisions of the Code or this By-law and shall comply in all respects with this By-law and the Code. Every owner shall provide an up-to-date survey of the bu//ding site when and as required by the Authority Having Jurisdiction. When required by the Authority Having Jurisdiction, every owner shall uncover and replace at their own expense any work that has been covered contrary to the provisions of this By-law and the Code. 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 the undertaking of work for which a permit was required by this By-law. Every owner shall ensure that all materials, systems, equipment and the like used in the construction, a/teration, reconstruction or renovation of a building meet the requirements of applicable acts, regulations and By-laws, for the work undertaken. It shall be the owner’s responsibility for waste management of construction debris and its removal. 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. Every owner shall commence construction within six (6) months from the date of issue of the permit and acknowledges that failure to do so will result in expiration of the permit, unless an extension is authorized by the Authority Having Jurisdiction. 18 6.2 6.3 6.1.15 Every owner shall obtain inspections as required and acknowledges failure to do so will indemnify and save harmless the Authority Having Jurisdiction and the Municipality of any and all deficiencies. 6.1.16 If the engagement of an architect or professional engineer are required in the project and terminated during the construction period, work shall be discontinued until a replacement has been appointed. Duties and Responsibilities of the Contractor(s) 6.2.1 6.2.2 6.2.3 6.2.4 Every contractor shall ensure that all construction safety requirements of the Code and the Plans are complied with. Every contractor 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 Authority Having Jurisdiction. Every contractor is responsible jointly and severally with the owner for work undertaken. During the construction process, every contractor must ensure that the construction site is kept safe and that any open excavations or hazards are clearly marked or barricaded. Every contractor is responsible jointly and severally with the owner to ensure all required permits have been obtained prior to commencing work. Duties and Responsibilities of the Designer/Architect/ Engineer 6.3.1 6.3.2 When a designer/architect/engineer is retained, the designer/architect/engineer shall ensure that the design of the bui/ding conforms to the Code and all other relevant regulations. When a professional engineer/architect is required by the Code or requirements of this By-law, they shall do inspections to ensure that the construction conforms to the design and the Code. 19 6.4 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 Every designer shall ensure that all materials, systems, equipment or related matter specified for the construction, a/teration, reconstruction or renovation of a building meet the requirements of the Code and the requirements of applicable Acts, regulations and By-laws for the work to be undertaken and all documents must be sealed, if required. If the responsible designer, architect and/or professional engineer withdraw from the project, such designer, architect and/or engineer shall immediately advise the Authority Having Jurisdiction. A designer/architect/engineer shall only work within their field of competency. When required architect and engineers are to provide the following: a) Letter of Assurance (Schedule B); b) Letter of Certification (Schedule C); c) Request for Evaluation of an Alternative Solution (Schedule D); and d) Completion of Alternative Solution (Schedule E). If Alternative Solution implemented designers are to provide the following: a) Letter of Assurance (Schedule B); b) Letter of Certification (Schedule C); c) Completion of Alternative Solution (Schedule E). Duties and Responsibilities of the Authority Having Jurisdiction 6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 The Authority Having Jurisdiction shall administer this By-law and shall have the powers of enforcement more particularly set out in Section 6.5 herein. The Authority Having Jurisdiction shall keep copies of all applications received, permits and orders issued, inspections and tests made, and of all papers and documents connected with the administration of the Code and this By-law for such time as required by the provision of the Municipal Act (Manitoba). Where the Authority Having Jurisdiction seeks to enforce any of the powers set out in Section 6.5 here, the Authority Having Jurisdiction shall issue in writing such notices or orders as may be necessary to inform the owner of the contravention(s) of the Code or this By-law. The Authority Having Jurisdiction shall provide, when requested to do so, all reasons for refusal to grant a permit. Examine all bui/dings proposed to be relocated to ensure they comply with the code requirements. 20 6.4.6 Examine and process plans, and specifications submitted with applications for permit. 6.4.7. Enter and audit any building or premises at any reasonable time. 6.4.8 Issue occupancy permits and/or final inspections as required. 6.5 Powers of the Authority Having Jurisdiction 6.5.1 The Authority Having Jurisdiction may: a) b) g) Enter any building or premises necessary at any reasonable time for the performances of its duties; Revoke or suspend a permit or issue a Stop Order/Compliance Order if: i) | Construction is not started within a period of six (6) months from the date of issuing the permit, ii) | Construction is discontinued for a period of six (6) months; iii) | There is a violation of any condition under which the permit was issued; iv) Any alteration or deviation from the deposited plans and specifications is made without authority; Refuse a building, plumbing or occupancy permit if the requirements of this By-law have not been met; Require the owner to remove or rectify any unsafe conditions; Specify a timeline to correct any contraventions; Require the owner or their agent to produce any required written clearance from any Federal or Provincial Government Department before a permit is issued; Upon observing the commencement of works in the Municipality where no building or development permit has been issued, advise the owner of the requirements of this By-law. Should an inspection at this time determine that construction conforms with the Code and the RM of Portage la Prairie Zoning Bylaw, the Authority Having Jurisdiction may issue the necessary permit(s) and collect the applicable fees in accordance with the Planning District fee schedule. 21 6.6 Duties and Responsibilities of the Municipality 6.6.1 6.6.2 6.6.3 6.6.4 Appoint the Authority Having Jurisidication to administer and enforce this By-law. Establishing Benchmarks for elevations. Provide and confirm elevations as per Section 5. Established finished grades make sure finished grades are correct. 6.7 Powers of the Municipality 6.7.1 The Municipality may: a) Require the owner to remove any encroachments or bui/dings, b) Require owners/contractor to take all proper precautions for the guarding of any excavations, the public highway, streets and sidewalks, and from preventing the placing of material, equipment or scaffolding on the highways, streets or sidewalks in any manner that would, in the opinion of the Municipality, constitute an inconvenience or menace to traffic or pedestrians and for the protection of the public generally; c) Upon the completion of the work, require the holder of the permit to immediately remove all bu//ding material, equipment scaffolding and rubbish from the streets, sidewalks and boulevards and to clean and repair and leave in good condition and repair the streets, sidewalks and boulevards as the same were before the permit was issued. SECTION 7: OFFENCES, PENALTIES AND APPEALS 7.1 Offences and Penalties 7.1.1 7.1.2 7.1.3 Any person who contravenes or disobeys or refuses or neglects to obey any provision of the Code or this By-law, or any other applicable By-law, for which no other penalty is herein provided, is guilty of any offence and liable, on summary conviction, to a fine not exceeding five thousand ($5,000) dollars for each day that the offence continues. Where a corporation commits an offence against the Code or this By-law, each Director or Officer of the corporation who authorized, consented to, connived at, or knowingly permitted 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 the provision is made in article 7.1.1. Where the contravention, refusal, neglect, omission or failure, continues for more than one day, the person is guilty of a separate offence for each day it continues. 22 7.2 Appeals 7.2.1 Any person aggrieved by any decision or order of the Municipality or the Authority Having Jurisdiction as to 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 in writing to the Council. All decisions or orders remain in effect during the appeal process. 7.2.2 Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose, however the final decision will be that of Council. 7.2.3 Upon the hearing of an appeal, the Counci/ may: a) Uphold, rescind, suspend or modify any decision or order given by the Municipality or the Authority Having Jurisdictiory, 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. 7.2.4 The decision or order of the Counci/ 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 Repeal 8.1.1 The Council of the City of Portage la Prairie, in a meeting duly assemble repeals Building By-law Number 7713 and amendments and enacts the City of Portage la Prairie Building By-law 21-8729. 23 SECTION 9: EFFECTIVE DATE 9.1 Effective Date 9.1.1 This By-law shall come into force and take effect on the date of its third read. Done and Passed as a By-law of the City of Portage la Prairie in the province of Manitoba, this day of , 2021. Mayor Chief Administrative Officer Read a First time this Day Of , 2021. Read a Second time this __ Day Of , 2021. Read a Third time this Day Of , 2021. 24 SCHEDULE A: LIST OF PLANS AND SPECIFICATIONS LIST OF PLANS AND WORKING DRAWINGS TO ACCOMPANY APPLICATIONS FOR PERMITS: SITE PLAN FLOOR PLANS FOUNDATION PLANS FRAMING PLANS ROOF PLANS — TRUSS MANUFACTURING REFLECTED CEILING PLANS SECTIONS AND DETAILS BUILDING ELEVATIONS ELECTRICAL DRAWINGS HEATING, VENTILATION AND AIR CONDITIONING DRAWINGS PLUMBING DRAWINGS SPEC BOOKS MECHANICAL DRAWINGS HVAC SPRINKLER 25 26 SCHEDULE B: LETTER OF ASSURANCE mS ON PORTAGE LA PRAIRIE. PLANNING OLSTRICT |S 800 Saskatchewan Ave. W. Portage la Prairie, Manitoba R1N OM8 Phone: (204) 239-8345 Fax: (204) 239-8319 www.ptgplanninadistrict.ca ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION Date: Re: Description & address of project: The undersigned hereby gives assurance that, to the best of their knowledge, the design of the (initial applicable item/items) MECB Architectural Structural Mechanical Plumbing Fire Suppression Systems — Automatic Sprinkler System Electrical Alternate Solution: Components of the project as shown on the plans and supporting documents prepared by this registered professional conform to all the applicable requirements of all applicable Acts, Regulations and By-laws. Further, the undersigned will be responsible for inspections of all above-referenced components during construction, as required by Manitoba Building Code Amendment, Article 2.2.7.2(1) — Review Construction. The undersigned also assured competence in the necessary fields of expertise to undertake the project on the basis of training, ability and expertise in the appropriate professional and technical disciplines. As used herein, inspections shall mean such reviews of the work at the project site and at fabrication locations, where applicable, as the registered professional, on the basis of professional discretion, considers necessary in order to ascertain that the work conforms in all respects to the plans and supporting documents prepared by this registered professional for which the Building Permit is issued. This includes keeping records of all site visits and any corrective action taken as a result thereof. Letters of completion will be provided to the authority having jurisdiction at the end of the job and copies of the inspection reports upon request. Name (print) Signature Date Address Telephone Affix Professional Seal Here If the Registered Professional is a member of a firm, complete the following: I am a member of the firm and sign this letter on behalf of myself and the firm. (print name of firm) Note: The foregoing letter must be signed by a registered professional who is registered in the Province of Manitoba as a member in good standing in the Province of Manitoba Association of Architects or the Association of Professional Engineers and Geoscientists of Manitoba. SCHEDULE C: LETTER OF CERTIFICATION PORTAGE LA PRAIKIF, PLANNING OLSTRICT 800 Saskatchewan Ave. W. Portage la Prairie, Manitoba R1N O0M8 Phone: (204) 239-8345 Fax: (204) 239-8319 www.ptgplanningdistrict.ca LETTER OF CERTIFICATION FOR FINAL OCCUPANCY ASSURANCE OF PROFESSIONAL FIELD AND COMPLIANCE (This letter must be submitted after completion of the project but prior to final inspection by the Portage la Prairie Planning District. A separate letter must be submitted by each registered professional.) Building Permit No. Discipline or Part (i.e. Structural or Part 4) Date Name of Project Address of Project (Each registered professional shall complete the following) Name Address I hereby give the assurance that: e I have fulfilled my obligations for field review as required for the project as outlined in the previously submitted Letter of Assurance. e lama registered professional who is registered in the Province of Manitoba as a member in good standing with the Engineers Geoscientists Manitoba or the Manitoba Association of Architects; e The project is substantially complete and approved for occupancy; e I, (or a suitably qualified person reporting to me, has) have completed periodic reviews of the project at appropriate stages of construction; e In my professional opinion the design and construction of this project was carried out in substantial compliance with the applicable provisions of the Manitoba Building Code, the Manitoba Energy Code for Buildings, and the Manitoba Plumbing Code, and the plans submitted in support of the application for the building permit. This includes any additional plans, documents, review of plans and design decisions that have been part of my responsibility and related to Code issues applicable to my discipline that were not detailed as part of the submitted permit application. e The design and construction of any building elements of a Part 9 building that are not compliant to Part 9 of the Manitoba Building Code (MBC) comply with the requirements of Division B, Part 4 or other applicable Parts of the MBC. e I have informed the Portage la Prairie Planning District in cases where I am aware that the construction has materially deviated from the submitted plans. e Tam not aware of any deficiencies or I have reported any deficiencies to the Authority Having Jurisdiction that would compromise compliance with the aforementioned code(s). (If the registered professional is a member of a firm, complete the following:) I am a member of the firm and I sign this letter on behalf of the firm. (Print name of firm) SCHEDULE D: REQUEST FOR EVALUATION OF AN ALTERNATIVE SOLUTION PORTAGE LA PRAIRIE PLANNING OLSTRICT ROSIN 800 Saskatchewan Ave. W. (a eee: Kat Portage la Prairie, Manitoba R1N OM8 ne QS Phone: (204) 239-8345 Fax: (204) 239-8319 emery www.ptgplanningdistrict.ca > Cama = SSX REQUEST FOR EVALUATION OF AN ALTERNATIVE SOLUTION SECTION A — PROJECT INFORMATION g Name of Building Group Division Occupancy J o = Building Address Town/Community and Postal Code Legal Description = in a ‘Ss Work Description PD Permit No. "| . | Name Company Phone No. oO c é Address Town/Community and Postal Code Email Address c | Name Company Phone No. as 8 a Address Town/Community and Postal Code Email Address SECTION B — SUBMISSION REQUIREMENTS (P.D. Use REQUEST FOR EVALUATION OF AN ALTERNATIVE SOLUTION Only) is to include the following items: Document Verification Background LC] 3 1) Description of the proposed Alternative Solution and reasons for deviating from Acceptable Solutions | =] fo} Acceptable Solutions that are being substituted 2) Applicable Division B provisions and sections of referenced standards 3) Objectives and Functional Statements of the applicable Acceptable Solutions 4) Intent Statements of the applicable Acceptable Solutions 5) Evaluation of Performance Levels of the Acceptable Solutions LILI IO | o) Alternative Solutions 6) Evaluation of Performance Levels of the proposed Alternative Solutions 7) Special maintenance or operational requirements 8) Assumptions, limiting or restricting factors 9) Testing procedures, engineering studies, or building performance parameters | = a Assessment 10) Comparison of Performance Levels of the Alternative Solutions vs. Acceptable Solutions 11) Other supporting documents (see Section D for examples) 12) Qualifications of the Design Professional(s) responsible for the Alternative Solution OOOe sO00o0O» sO0000» sO s oon 2 Good 2 co . zo 2 qooo ooo SECTION C — DECLARATION OF THE DESIGN PROFESSIONAL I, proponent for the Alternative Solutions, certify that: a) the information and supporting documents contained in this application to be true to the best of my knowledge, b) the proposed Alternative Solutions will achieve the same level of performance achieved by the applicable Acceptable Solutions in accordance with Division A, 1.2.1.1.(1)(b), and c) the proposed Alternative Solutions are specific to this project and is not considered to establish a precedent for acceptance of similar alternative solutions on other projects. Printed Name and Signature Date SECTION D — GENERAL INFORMATION This section is intended to provide assistance in the completion of this application form. Please read this information thoroughly when completing this application. SECTION A — PROJECT INFORMATION This section is intended to provide general information on the specific project being applied for. The information in this section is required in order for a Request for Evaluation of an Alternative Solution to be reviewed by the Portage la Prairie Planning District. v WORK DESCRIPTION -— Provide a brief description of the scope of work, including the type of occupancy and construction type of building to be constructed or altered. v OWNER and DESIGN PROFESSIONAL - All applications for Alternative Solutions is to be signed and sealed by either an engineer or architect licensed to practice in the province of Manitoba. An owner or contractor may apply for an alternative solution; however the required documentation is to be prepared by an engineer or architect. Where the design of a building includes proposed alternative solutions that involve more than one person taking responsibility for different aspects of the design, the applicant for the permit is to identify a single person to co-ordinate the preparation of the design, Code Analysis and documentation referred to in Subsection 2.3.1. of Division C. SECTION B — SUBMISSION REQUIREMENTS This section is intended to provide the applicant and design team with information regarding the minimum amount of supporting documentation required with the Request for Evaluation of an Alternative Solution. The Portage la Prairie Planning District may request further information during review in support of any proposed Alternative Solution. 1) DESCRIPTION OF THE PROPOSED ALTERNATIVE SOLUTION - Provide a description of the Alternative Solution including reduced floor layouts showing the extent and location of the Alternative Solution, and reasons for deviating from the Acceptable Solutions. 2) APPLICABLE DIVISION B PROVISIONS - Include sections of referenced standards cited in the applicable Division B provisions 3) OBJECTIVES and FUNCTIONAL STATEMENTS -— Identify the objectives and functional statements associated with the applicable Acceptable Solutions as per Attribution Tables of Division B. 4) INTENT STATEMENTS — Identify the intent statements associated with the applicable Acceptable Solutions as per: a. NBC - http://codes-quides.nrc.ca/IA/10NBC/intentframe.html b. NFC - http://codes-guides.nrc.ca/IA/10NFC/intentframe.html c. NPC - http://codes-quides.nrc.ca/IA/10NPC/intentframe.html d. NECB - http://codes-quides.nrc.ca/IA/11NECB/intentframe.html 5) EVALUATION OF PERFORMANCE LEVELS OF THE ACCEPTABLE SOLUTIONS - Describe the performance levels that the MBC is attempting to achieve with the referenced requirements in Division B. 6) EVALUATION OF PERFORMANCE LEVELS OF THE PROPOSED ALTERNATIVE SOLUTIONS - Provide a Code analysis outlining the analytical methods and rationales used to determine that a proposed Alternative Solution will achieve at least the level of performance required by 1.2.1.1.(1)(b) of Division A. The information is to convey the design intent and to support the validity, accuracy, relevance and precision of the Code Analysis. 7) SPECIAL MAINTENANCE OR OPERATIONAL REQUIREMENTS - Provide information concerning any special maintenance or operational requirements, including any building component commissioning requirements, that are necessary for the alternative solution to achieve compliance with the MBC after the building is constructed. 8) ASSUMPTIONS, LIMITING OR RESTRICTING FACTORS - Identify any assumptions, limiting or restricting factors that will support a Code compliance assessment. 9) TESTING PROCEDURES, ENGINEERING STUDIES OR BUILDING PERFORMANCE PARAMETERS - Identify any testing procedures, engineering studies or building performance parameters that will support a Code compliance assessment. 10) COMPARISON OF PERFORMANCE LEVELS — Compare the performance levels of the Alternative Solutions vs. Acceptable Solution. For example: Required Performance Levels 12.7 mm gypsum board as fire block — Fire blocks shall remain in place and prevent the material passage of flames for not less than 15 min when (the acceptable solution) subjected to CAN/ULC-S101, “Fire Endurance Tests of Building Construction and Materials”. 3.1.11.7(2) 11 mm thick new proprietary The material remained in place and prevented the material passage of flames for 20 mins when it was subjected (the alternative solution) to CAN/ULC-S101. 11) OTHER SUPPORTING DOCUMENTS - Provide other information or items that may be helpful in the review of the proposed Alternative Solution, such as engineering analysis, mathematical modelling, peer review, published standards not cited in the Code, product or material test results, evaluation of scenarios, previous approvals from other authorities, risk analysis, etc. 12) QUALIFICATIONS OF THE DESIGN PROFESSIONAL - Provide information about the qualifications, experience and background of the person(s) taking responsibility for the Alternative Solution. SECTION C — DECLARATION OF THE DESIGN PROFESSIONAL v¥ DECLARATION OF THE DESIGN PROFESSIONAL - A statement by the design professional that the proposed Alternative Solutions meets the intent of the Code and it is specific to this project/design and that it is not seen as precedent setting for future developments or if building design conditions change in the future. APPENDIX v LETTER OF CERTIFICATION FOR COMPLETION OF ALTERNATIVE SOLUTION - To be submitted to the Portage la Prairie Planning District before final inspection. Please contact the Portage la Prairie Planning District at 204-239-8345 with any questions or for clarifications regarding this application form. SCHEDULE E : COMPLETITION OF ALTERNATIVE SOLUTION LETTER OF CERTIFICATION FOR COMPLETION OF ALTERNATIVE SOLUTION PORTAGE LA PRAIRIF PLANNING OLSTRICT SES 800 Saskatchewan Ave. W. ss ae \e\ Portage la Prairie, Manitoba R1N OM8 > il is) QS Phone: (204) 239-8345 Fax: (204) 239-8319 Y C= www.ptgplanningdistrict.ca (This letter is to be submitted after completion of the Alternative Solution but prior to final inspection by the Portage la Prairie Planning District.) To: Portage la Prairie Planning District 800 Saskatchewan Ave W Portage la Prairie, MB R1N OM8 Re: Letter of Certification for Completion of Alternative Solution Building Permit No. Date Name of Building Group Division Occupancy Building Address Legal Description Roll Number I hereby give assurance that: e Ihave fulfilled my obligations for field review as required for the project as outlined in the previously submitted Letter of Assurance: Schedule A (Part A and B); e lama registered professional who is registered in the Province of Manitoba as a member in good standing in the Engineers Geoscientists of Manitoba or the Manitoba Association of Architects; e I, (or a Suitably qualified person reporting to me, has) have completed periodic reviews of the project at appropriate stages of construction; e In my professional opinion, the Alternative Solutions have now been completed and installed in a satisfactory manner. Therefore, we give our assurance that the Alternative Solutions, as mentioned in our report, have been provided as intended for this project; e Iam not aware of any deficiencies, or I have reported any deficiencies to the Authority Having Jurisdiction, that would compromise compliance with the Objective, Functional and Intent Statements of applicable Acceptable Solutions. Proponent / Design Professional: Name Signature Company Address (Affix professional seal) Phone Fax Email