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## BY-LAW NO. 1491
## BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ALONSA TO ESTABLISH A BUILDING BY-LAW.
## SECTION 2 Scope & Definitions
## 2.1 Scope:
- 2.1.1. This By-law applies to the whole of the Rural Municipality of Alonsa.
- 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 that lawfully existed before the effective date of this By-Law need not conform to the requirements of this By-law if such construction or condition does not constitute an unsafe condition in the opinion of the authority having jurisdiction.
## 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 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, 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 us of terms within the various trades and professions to which the terminology applies.
- 2.2.3 Words and terms in italics in this By-law shall have the following meanings:
"Audit"
## BY-LAW NO. 1491
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"
"Code"
"Council"
"Permit"
"Person"
"RTM"
"Valuation"
means The Rural Municipality of Alonsa and, where context requires such building inspector or other authority lawfully appointed by The Rural Municipality of Alonsa to administer and enforce the provisions of this By-Law.
means the Manitoba Building Code as established, adopted and revised from time to time under Section 3 of the Buildings and Mobile Homes Act.
means the municipal council of The Rural Municipality of Alonsa.
means written permission or written authorization from the authority having jurisdiction in respect to matters regulated by this By-law.
means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, or trust and any other form of entity or organization.
means ready to move houses being houses or buildings constructed in one location and moved to a different location.
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
## BY-LAW NO. 1491
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:
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.
## 3.2 Limited Application to Existing Buildings:
- 3.2.1 When a building or any part of it is altered or repaired, the Code applies to the parts of the building altered or repaired except that where in opinion of the authority having jurisdiction.
- 3.2.2 The number of storeys of an existing building or structure shall not be increased unless the entire building or structure conforms to the requirements of the Code.
- 3.2.3 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.
- 3.2.4 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.
## 3.3 Exemptions:
- 3.3.1 These requirements do not apply to:
- a) sewage, water, electrical, telephone, rail or similar systems located on a street or public right of way.
## BY-LAW NO. 1491
- 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 hydroelectric dams and structures.
- d) mechanical or other equipment and appliances not regulated in this By-law.
- e) accessory buildings not greater than 10 meters in the building area subject to the concurrence of the authority having jurisdiction.
- f) a farm building, other than a farm building used as a residence, an attached garage or carport.
## 3.4 Prohibitions:
- 3.4.1 Any person who fails to comply with any order or notice issued by any authority having jurisdiction, or who allows a violation of the requirements of this By-law or Code to occur or to continue, contravenes the provisions of this By-law.
- 3.4.2 No person shall undertake any work or authorize or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done.
- 3.4.3 No person shall deviate from the accepted plans and specifications forming part of the permit, or omit or fail to complete, prior to occupancy, work required by the said accepted plans and specifications, without first having obtained the acceptance of the authority having jurisdiction to allow such 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 No person shall knowingly submit false or misleading information to the authority having jurisdiction concerning any matter relating to this By-law.
- 3.4.5 No person shall excavate or undertake work on, over or inder public property, or erect or place an construction or work or store any materials thereor without receiving prior approval in writing from the appropriate government authority.
## BY-LAW NO. 1491
- 3.4.6 No person shall allow the ground elevations or the property boundaries of 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 Mobile Homes and RTM's:
- 3.5.1 Mobile homes and/or RTM's shall comply with the requirements of the Code.
- 3.5.2 The authority having jurisdiction may require any or all of the following in respect a mobile home or RTM sought to be located within the area of jurisdiction of the authority having jurisdiction:
- a) the submission of a complete set of plans and specifications;
- b) 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 authority having jurisdiction 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 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 being 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;
## BY-LAW NO. 1491
- c) state the valuation of the proposed work and be accompanied by the required fee as set out on Schedule A hereto; and;
- d) include those plans and specifications set out on Schedule B hereto (unless otherwise waived by the authority having jurisdiction), and show the occupancy of all parts of the building;
- e) state the names, addressed 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;
- f) include such additional information as maybe required by the authority having jurisdiction.
5. 4.1.2 When an application for a permit has not been completed in conformance with the requirements of the authority having jurisdiction within six 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 refilling.
6. 4.1.3 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 covered 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 authority having jurisdiction.
9. Any revision to the original application described in article 4.1.1. shall be made in the same manner as for
10. 4.1.5 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.
## 4.2 Permits:
- ilding permit has first been obtained from t authority having jurisdiction, no person shall commence or cause to be commenced:
* thestraction any cemen, or sectioure or portion thereof;
- b) the addition, extension, teration or conversion of any buildingen tructure, or portion thereo
* the ingor realit, or portion theation or any
- 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) the installation, construction, alteration or extension of a spray paint operation, spray painting booth, dip tank or other special process; or
- " the siteration, addition, erection or re-erection
## 4.2.1.2 A building permit is not required for:
- a) patching, painting or decorating;
- b) ree same mater stucco, siding or shingles with
3. replacement of doors or windows when ti ening is not altere
- d) replacement of open landing and stairs;
## BY-LAW NO. 1491
## BY-LAW NO. 1491
- e) construction of fences;
- f) installation of cabinets and shelves;
- 8) a detached accessory storage building not greater than 10 meters (8' × 10) in building area;
- h) non-structural alterations or repairs where the value of such work in less than five thousand dollars ($5,000.00)
5. 4.2.1.3 Notwithstanding that a building permit is not required for the work described in Article 4.2.1.2, such work shall comply with the Code and the provisions of this or other applicable By-laws and the work shall not place the building or structure in contravention of further contravention of the Code or this or any other By-law.
6. 4.2.1.4 Before the issuance of a building permit, for cases in which professional design is not required, the owner shall (unless the authority having jurisdiction waives such requirement) submit a Letter of Assurance, in the form set out in Schedule C attached hereto, confirming that the owner will ensure that the building will be constructed in accordance with the Code.
## 4.2.2 General:
- 4.25.1 Ne were cal bentsigned uttaris ared without jurisdiction.
## SECTION 5 Duties, Responsibilities & Powers
## 5.1 Duties and Responsibilities of the Owner:
- .1.1 Every owner shall allow the authority having jurisdictio o enter any building or premises at any reasonabl 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.
## BY-LAW NO. 1491
## 5.1.3 Every owner shall:
- a) 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 authority having jurisdiction, and that the Permit, or true copy thereof, is posted conspicuously on the side during the entire execution of the work.
- b) Keep visible at all times during construction the street number of the premises in figures at least 3 inches (75 mm) high and visible from the street or sidewalk.
3. 5.1.4 Every owner shall give notice to the authority having jurisdiction of dates on which he intends to begin work prior to commencing work on building site.
4. .1.5 Every owner shall before commencing the work, giv otice in writing to the authority having jurisdictior prior to commencing work, listing:
- a) the name, address and telephone number of:
- i. the constructor or other person in charge of the work;
- ii. the designer of the work;
- iii. the person reviewing the work; and
- iv. 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 a change or termination occurs.
11. 5.1.6 Every owner shall give sufficient notice to the authority having jurisdiction:
12. ) of intent to begin work that the authorit having jurisdiction has directed may be subiec to audit during construction,
- b) of intent to cover work that the authority having jurisdiction has directed may be subject to audit during construction,
- c) when work has been completed and before occupancy.
## BY-LAW NO. 1491
- 5.1.7 Every owner shall give such other notice to the authority having jurisdiction as may be required by the provisions of the Code or this By-law.
- 5.1.8 Every owner shall make, or have made at his own expense, the tests or inspections necessary to prove compliance with these requirements and shall promptly provide a copy of all such test or inspection reports to the authority having jurisdictions.
- 5.1.9 Euiringster Shal and ear pited ate sue eu tof thy having jurisdiction.
- 5.1.10 When required by the authority having jurisdiction, every owner shall uncover and re-cover at his own expense any work that has been covered contrary to an order issued by the above authority.
- 5.1.11 Every owner is responsible for the cost of repair of any damage to public property or works located thereon hat may occur as a result of undertaking work fo hich a building permit was or was not require
- 5.1.12 Should occupancy occur before the completion of any vork being undertaken, every owner shall ensure tha no unsafe condition exists or will exist because of the work being undertaken or not completed.
- 5.1.13 The granting of a permit by the authority having jurisdiction shall not in any way relieve the owner of building from full responsibility for carrying out the work or having it carried out in accordance with these requirements, including ensuring that the occupancy o the building, or any part of it, is in accordance with the terms of the permit.
- 5.1.14 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.
- 5.1.15 (1) 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,
## BY-LAW NO. 1491
- 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 any inspection.
3. 5.1.16 Where the dimensions of a structural component are not provided in Part 9 of the Code for use in a building within scope of that part, and such dimensions are t 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.
4. .1.17 Every owner who undertakes to construct, alte 'econstruct, demolish, remove or relocate a buildin shall provide supervision and co-ordination of all work and trades.
5. 5.1.18 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, regulation and By-laws for the work undertaken.
## 5.2 Duties and Responsibilities of the Constructor:
- 5.2.1 Every Constructor shall ensure that all construction safety requirements of the Code are complied with.
- 5.2.2 Every Constructor is responsible for ensuring that no excavation or other work is undertaken on public property and that no building is erected or materials stored in whole or in part thereon without approval first having been obtained in writing from the Council.
- 5.2.3 Every Constructor is responsible jointly and severally with the owner for work actually taken.
## 5.3 Duties and Responsibilities of the Designer:
- 5.3.1 When a designer is retained, the designer shall ensure that the design of the building conforms to the Code.
- 5.3.2 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.
## BY-LAW NO. 1491
- 5.3.3 Every designer is required to submit to the authority having jurisdiction:
- a) all information needed for review of the design;
- b) any changed to the design for which a permit has or may be issued;
- c) copies of all inspection done by the designer and others, and
- d) any other documentation or certification required by the authority having jurisdiction.
- 5.3.4 Every designer shall ensure that all materials, systems, equipment or related matter specified for the construction, alteration, reconstruction or renovation of a building meet the requirement of the Code and the requirements of applicable Acts, regulation and By-laws
- 5.3.5 If the responsible architect and/or professional engineer withdraw from the project, he shall immediately advise the authority having jurisdiction.
- 5.3.6 The responsible architect and/or professional engineer shall sign, date and seal all of the documents referred to in this article.
## 5.4 Powers of Authority Having Jurisdiction:
- 5.4.1 The authority having jurisdiction may enter any building or premises at any time to audit for compliance witt he Code or these requirements, or to determine if ar unsafe condition exists.
- 5.4.2 The authority having jurisdiction 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;
## BY-LAW NO. 1491
- d) the removal of any unauthorized encroachment on public property;
2. constructed in requirements;
3. ) the cessation of any occupancy in contraventic these requirement
- 8) thedessa on of because nor it any being undertaken or not completed, and
- h) correction of any unsafe condition.
6. 5.4.3 The authority having jurisdiction may direct that tests 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.
7. 5.4.4 The authority having jurisdiction, may require an owner to submit, in addition to the information required in Article 4.1.1., an up-to-date plan or survey, prepared by a registered land surveyor, architect or professional
- a) to establish before construction begins that all the Comite wits alated to this information will be
- b) to verify that, upon completion of the work, all such requirements have been complied with.
10. 5.4.5 The authority having jurisdiction may ask for any other documentation or testes deemed necessary at the expense of the owner.
11. Notwithstanding any other provisions herein, wherein the opinion of the authority having jurisdiction the size or complexity of a building, part of a building or building component warrant, or for any other reason, the authority having jurisdiction, may require that the owner have the following done at his/her expense:
## BY-LAW NO. 1491
- 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.
3. 5.4.7 The authority having jurisdiction may issue a building permit at the risk of the owner with, if necessary, conditions to ensure compliance with these requirements and any other applicable regulation to excavate or to construct a portion of a building before all the plans of the project have been submitted to the authority having jurisdiction.
4. 5.4.8 The authority having jurisdiction 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,
9. 5.4.9 The authority having jurisdiction may revoke a permit by written notice to the permit holder if;
- a) there is contravention of any condition under which the permit was issued,
- c) the permit was issued on the basis of incorrect information,
- b) the permit was issued in error, or
- d) the work being done is contrary to the terms of the permit.
14. 5.4.10 The authority having jurisdiction 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.
15. 5.4.11 The authority having jurisdiction may issue an ccupancy permit, subject to compliance witt rovisions 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.
## BY-LAW NO. 1491
- 5.4.12 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 it ruinous or dilapidated state, faulty construction, abandonment or other, and when due notice to correct such condition has not been complied with, the authority having jurisdiction 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.
- 5.4.13 Notwithstanding any other provisions herein, when, in he opinion of the authority having jurisdictio mmediate measures need to be taken to avoid a imminent danger, the authority having jurisdiction may take such action as is appropriate, without notice and at the expense of the owner.
- 5.4.14 The authority having jurisdiction may withhold issuing an occupancy permit on completion of the building or par 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.
- 5.4.15 The authority having jurisdiction may issue to the owner an order or notice in writing to correct any unsafe conditions observed in any building.
## SECTION 6 Appeal
- 6.1 Any person aggrieved by any decision or order of the authority having jurisdiction as to the issuance of permits, the prevention of construction or occupancy of buildings the demolition or removal of buildings, or structures, o any other matter herein may, within fifteen (15) days for the date of the decision, appeal to the Council. All decisions or orders remain in effect during the whole appeal process.
- 6.2 Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose.
- 6.3 Upon the hearing of an appeal, the Council may:
## BY-LAW NO. 1491
- a) uphold, rescind, suspend or modify any decision or order given by the authority having jurisdiction;
- 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 offence.
## SECTION 7 Offences and Penalties
- 7.1 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 Article 6 herein;
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 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 imprisonment.
- 7.2 Where a corporation commits an offence against the Code or this by-law, each Director or Officer of the corporatior who authorized, consented to, connived at, or knowing! permitted or acquiesced in, the doing of the act that constitutes the offence, is likewise guilty of the offences any liable, on summary conviction, to the penalty for which provision is made in Subsection 7.1 aforesaid
- 7.3 Where the contravention, refusal, neglect omission, or failure, continues for more than one day, the person is guilty of a separate offence for each day it continues.
- 8.1 THAT By-Law No. 1369 be repealed.
DONE AND PASSED as a By-Law of the Rural Municipality of Alonsa, at the Hamlet of Alonsa, in the Province of Manitoba, this 15th day of January A.D. 2014.
## BY-LAW NO. 1491
## THE RURAL MUNICIPALITY OF ALONSA
<!-- image -->
<!-- image -->
Stan Asham
Stan Asham Reeve
Pamela bul
Pamela Sul Chief Administrative Officer
Given First Reading This 24*
\_ Day of October A.D. 2013
Given Second Reading This 24* Day of October\_ A.D. 2013
Given Third Reading This 15* Day of\_January\_ A.D. 2014
## SCHEDULE "A"
This is Schedule "A" to By-Law No. 1491
## respecting
"Classes of Permit and Permit Fees"
## The MINIMUM PERMIT FEE for all construction is $100.00.
| Residential Buildings | Residential Buildings | Fees |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| | a) | Basic fee up to a value of $50,000 | $100.00 |
| | b) | Construction value of $50,000 and over | $150.00 |
| Mileage and hourly rate will be charged for a second inspection if initial inspection does not meet the Building Inspectors requirements. | Mileage and hourly rate will be charged for a second inspection if initial inspection does not meet the Building Inspectors requirements. | Mileage and hourly rate will be charged for a second inspection if initial inspection does not meet the Building Inspectors requirements. |
| PENALTY FEES | PENALTY FEES | PENALTY FEES |
| Where a permit has not been obtained prior to the commencement of the actual work, through neglect, or for some other reason, the fees shall be double the normal rate for the work done up to the date the permit is issued. | Where a permit has not been obtained prior to the commencement of the actual work, through neglect, or for some other reason, the fees shall be double the normal rate for the work done up to the date the permit is issued. | Where a permit has not been obtained prior to the commencement of the actual work, through neglect, or for some other reason, the fees shall be double the normal rate for the work done up to the date the permit is issued. |
| INSPECTION FEES | INSPECTION FEES | $30.00/hour plus mileage |
| Mileage | Mileage | $0.50/km |
## SCHEDULE "B"
## This is Schedule "B" to By-Law No. 1491 respecting
List of Plans or Working Drawings to Accompany Applications for Permits
1. The Site Plan
2. Floor Plans
3. Foundation Plans
4. Framing Plans
5. Roof Plans
6. Reflected Ceiling Plans
7. Sections and Details
8. Building Elevations
9. Electrical Drawings
10. Heating, Ventilation and Air Conditioning Drawings
11. Plumbing Drawings