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The Rural Municipality of Argyle
By-law No. 4-2018
TABLE OF CONTENTS
SECTION ONE:
Title
SECTION TWO:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION THREE:
General
3.1
Application Generally
3.2
Limited Application to Existing Buildings
3.3
Exemptions
3.4
Prohibitions
3.5
Mobile Homes and RTM's
SECTION FOUR:
Permits
4.1
Application
4.2
Permits
4.2.1 Building Permits
4.2.2. Plumbing Permits
4.2.3 Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
SECTION FIVE:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Constructor
5.3
Duties of Authority Having Jurisdiction
5.4 Duties of Designer
5.5 Powers of Authority Having Jurisdiction
SECTION SIX:
Appeal
SECTION SEVEN:
Offenses and Penalties
SECTION EIGHT:
Repeal
SCHEDULE "A"
Plans and Specifications to be Submitted
SCHEDULE "B"
Assurance of Retention of Professional
SCHEDULE "C"
Assurance of Professional Design and Inspection
SCHEDULE "D"
Letter of Assurance
SCHEDULE "E"
Assurance of Compliance
SCHEDULE "F"
Assurance of Professional Inspection and Compliance
SCHEDULE "G"
Penalties for By-law Non-compliance
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The Rural Municipality of Argyle
By-law No. 4-2018
The Council of the Rural Municipality of Argyle hereby enacts as follows:
SECTION I
Title: Minimum Standards Building By-law
This by-law may be cited as the Rural Municipality of Argyle 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 Argyle.
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 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 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.
2.2.3 Words and terms in italics in this by-law shall have the following meanings:
"Accessory building / storage building"
means a building that is not used for human
habitation and has no cooking facilities, or
sleeping areas, but excludes farm outbuildings
"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
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"Authority Having Jurisdiction"
means 23 West Planning District and, where
the context requires, such building inspector or
other authority lawfully appointed by 23 West
Planning District to administer and enforce the
provisions of this by-law
"Board"
means the board of 23 West Planning District
"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 R.M. of
Argyle
"Mobile home"
means a dwelling on a metal frame that
readily attaches to wheels for transport.
(Governed under the Manitoba Building and
Mobile Homes Act.)
"Occupancy"
a) means the use or intended use of a building
or part thereof for the shelter or support of
persons, animals, or property.
b) means the use of a building or part thereof
by
persons
for
whom
sleeping
accommodation is provided but who are
not harboured or detained to receive
medical care or treatment or are not
involuntarily detained.
"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
"Pre-manufactured dwelling"
means a dwelling that has all components
manufactured off site, and fully assembled on
site.
"RTM"
means ready to move new houses, or dwelling
units commonly referred to as modular homes,
as governed by the current National building
Code of Canada, or buildings constructed in
one location and moved to a different location.
"Used house"
means a dwelling that is not of new
construction,
that
has
been
previously
occupied.
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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 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.
3.2.2 The number of storeys of an existing building or structure shall not be increased
unless the entire building or structure conforms with the requirement of the Code.
3.2.3 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 authority having
jurisdiction.
3.2.4 When the whole or any part of a building is demolished, the requirements of this by-
law apply to the work involved in the demolition and to the work 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 damaged by fire, earthquake or other cause, the Code, the
requirements of this by-law and the appropriate regulations under The Fires
Prevention and Emergency Response Act, and the Manitoba Fire Code, apply to the
work necessary to reconstruct damaged portions of the building.
3.2.6 When an unsafe condition exists in or about a building, the Code, the requirements
of this by-law and the appropriate regulations in The Fires Prevention and
Emergency Response Act, and the Manitoba Fire Code, shall apply to the work
necessary to correct the unsafe condition.
3.2.7 When the occupancy of a building or any part of it is changed, the requirements of
this by-law apply to all parts of the building effected by the change.
3.2.8 When a building is enlarged beyond its existing size, the requirements of this bylaw
apply to the addition to the building.
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.
(d)
mechanical or other equipment and appliances not regulated in this by-law.
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(e)
accessory storage buildings not greater than 18.58 square meters (200
square feet) in building area subject to the concurrence of the authority
having jurisdiction.
(f)
a farm building, other than a farm building used as residence, an attached
garage or carport. Note: Large farm buildings over 600 sq. m are under the
jurisdiction of the Office of the Fire Commissioner.
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
of the Code to occur or to continue, contravenes the provisions of this by-law.
3.4.2. No person shall undertake any work or authorize or allow work to proceed on a
project for which a permit is required unless a valid permit exists for the work to
be done.
3.4.3. No person shall deviate from the accepted plans and specifications forming part of
the permit, or omit or fail to complete, prior to occupancy, work required by the
said accepted plans and specifications, without first having obtained the acceptance
of the authority having jurisdiction to allow such 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 the authority
having jurisdiction.
3.4.5 No person shall knowingly submit false or misleading information to the authority
having jurisdiction 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 elevations of a building lot or site to be changed
so as to cause surface water to flow or drain towards a building a building on the
same lot or site, or, unto 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, RTM Homes, Modular Homes. and Pre-Manufactured Homes:
3.5.1 Mobile homes, RTM's, Modular Homes, and, Pre-Manufactured Homes shall
comply with the requirements of the Code.
3.5.2 The authority having jurisdiction shall require any or all of the following in
respect to a mobile home, RTM, Modular Home, or Pre-Manufactured Home,
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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)
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 above
described home types in the location of its construction together with a
copy of any or all inspection reports;
(d)
all inspections or certifications as the authority having jurisdiction may
deem necessary in order to ensure compliance with the Code and this
bylaw.
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 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 and be accompanied by the fee
required in Schedule A of 23 West Planning District By-law #26; and,
(d)
include those plans and specifications set out on 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 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
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
refiling.
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 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, or
(c)
the exterior of the building is not completed within 12 months from the date
of issue of the permit.
4.1.4 Any revision to the original application described in article 4.1.1 shall be made in
the same manner as for the original permit.
4.1.5 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.
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4.2
Permits
4.2.1 Building Permits:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has first been
obtained from the authority having jurisdiction, no 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)
underpinning;
(d)
the relocation or removal of any building or structure, or portion thereof;
(e)
the installation, construction, renewal, alteration or extension of a
mechanical system;
(f)
the installation, construction, alteration or extension of a special process.
(g)
any construction, extension, alteration, renewal or repair or make a
connection to a plumbing system unless a permit to do so has been obtained.
4.2.1.2 A building permit is not required for:
(a) patching, painting or decorating;
(b) replacement of stucco, siding or shingles with a comparable material;
(c) replacement of doors or windows when the opening is not altered;
(d) replacement of open landing and stairs;
(e) construction of fences;
(f) installation of cabinets and shelves;
(g) a detached accessory storage building not greater than 18.58 square meters
(200 square feet) in building area;
(h) when a valve, faucet, fixture or service water heater is repaired or replaced,
a stoppage cleared or a leak repaired, if no change to the piping is required.
4.2.1.3 Notwithstanding that a building permit is not required for the work described in
Article 4.2.1.2., such work shall comply with the Code and the provisions of this or
other applicable by-laws and the work shall not place the building or structure in
contravention or further contravention of the Code or this or any other by-law.
4.2.1.4 Before the issuance of a building permit for cases described in Subsection
4.2.1.7(1), the owner shall (unless the authority having jurisdiction waives such
requirement) submit Letters of Assurance in the forms set out in Schedules B and
C, as attached hereto, which:
(a)
confirm that the owner has retained the necessary architects or
professional engineers for all the applicable disciplines, for professional
design and inspection; and
(b)
incorporate the architects' or professional engineers' assurance of
professional design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which professional design is
not required, the owner shall (unless the authority having jurisdiction waives such
requirement) submit a Letter of Assurance, in the form set out in Schedule D as
attached hereto, confirming that the owner will ensure that the building will be
constructed in accordance with the Code.
4.2.1.6 (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,
(b)
has structural components specifically requiring a professional engineer
design in accordance with the Code, or
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(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.
(2) Professional design and inspection referred to in sentence (1) 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 (unless the
authority having jurisdiction waives such requirement).
(3) If the engagement of an architect or professional engineer pursuant to
Sentences 4.2.1.6.(1) and (2) is terminated during the construction period,
work shall be discontinued until a replacement has been appointed.
(4) The requirements of Sentences 4.2.1.6(1), (2), and (3) shall apply to a change
in occupancy, an alteration, addition, reconstruction or the relocation of a
building where and as required by the authority having jurisdiction.
4.2.1.7 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.
4.2.2. Plumbing Permit:
4.2.2.1 Except as provided in Section 4.2.2.2, 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.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service water
heater is repaired or replaced, a stoppage cleared or a leak repaired if no change to
the piping is required.
4.2.2.3 When required by the authority having jurisdiction, the application shall also be
accompanied by a plan that shows:
a) the location and size of every building drain, and of every trap and clean
out fitting that is on a building drain;
b)
the size and location of every soil or waste pipe, trap and vent pipe; and
c)
a layout of the potable water distribution system including pipe sizes and
valves.
4.2.3. Occupancy Permits:
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.
4.2.3.1 An Occupancy Permit is required from the authority having jurisdiction for:
(a)
the occupancy of any new building or structure or portion thereof except an
owner constructed and owner occupied single-family dwelling;
(b)
the occupancy of any existing building or structure where an alteration is
made thereto except an owner occupied single-family dwelling;
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(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.
4.2.3.2 Every owner shall, where required, obtain an occupancy permit from the authority
having jurisdiction 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.
4.2.3.3 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.
4.2.3.4 The granting of a permit by the authority having jurisdiction shall not in any way
relieve the owner of a building from full responsibility for carrying out the work or
having it carried out in accordance with these requirements, including ensuring that
the occupancy of the building, or any part of it, is in accordance with the terms of
the permit.
4.2.3.5. Before the issuance of an occupancy permit, the owner shall (unless the authority
having jurisdiction waives such requirement) submit Letters of Assurance in the
form set out in the applicable Schedules E and F, as attached hereto, confirming
that the construction of the building, work or project conforms with the plans,
specifications and related documents for which the building permit was issued.
4.2.3.6 The authority having jurisdiction 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.
4.2.3.7 The authority having jurisdiction may issue an Interim Occupancy Permit for a
partial use of a building or structure subject to any conditions imposed by the
authority having jurisdiction.
4.2.3.8 No change shall be made in the type of occupancy or use of any building or
structure, which would place the building or structure in a different occupancy
group, or divisions within a group, unless such building or structure is made to
comply with the requirements of the Code for that occupancy group, or division
within a group.
4.2.3.9 The authority having jurisdiction may issue a Temporary Occupancy Permit for
the use of a building or structure approved as a temporary building or structure.
4.2.3.10 A Temporary Occupancy Permit shall be for a period not more than six (6)
months, but before the expiration of such period, the Temporary Occupancy
Permit may be renewed by the authority having jurisdiction for two further six
months periods.
4.2.3.11 Notwithstanding apparent compliance with this by-law, the authority having
jurisdiction may refuse to issue an Occupancy Permit if the building, structure or
proposed use is to the authority having jurisdiction's knowledge in violation of a
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-
Zoning by-law, or any other by-law of council or the authority having
jurisdiction.
4.2.3.12 An applicant for an Occupancy Permit shall supply all information requested by
the authority having jurisdiction to show compliance with the by-law and any other
relevant by-laws of the authority having jurisdiction
4.2.3.13. 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 authority having
jurisdiction.
4.2.3.14 The authority having jurisdiction may withhold issuing an occupancy permit on
completion of the building or part of the building, until the owner has provided
letters to certify compliance with the Code, these requirements and the
requirements of applicable Acts, regulations or by-laws.
4.2.4. Demolition Permits:
4.2.4.1 No person shall commence or cause to be commenced the demolition of any
building or structure, or portion thereof, unless a Demolition Permit has first been
obtained from the authority having jurisdiction.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements of
the Code.
4.2.5 General:
4.2.5.1 No permit shall be assigned or transferred without the written consent of the
authority having jurisdiction.
SECTION 5
Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow the authority having jurisdiction to enter any building or
premises at any reasonable time for the purpose of administering and enforcing the
requirements of this by-law.
5.1.2 Every owner shall obtain all permits or approvals required in connection with
proposed work, prior to commencing the work to which they relate.
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 the site of the work for audit or
inspection during working hours by the authority having jurisdiction, and
that the Permit, or true copy thereof, is posted conspicuously on the site
during the entire execution of the work.
5.1.4 Every owner shall give notice to the authority having jurisdiction of dates on which
he intends to begin work prior to commencing work on the building site.
5.1.5 Every owner shall, before commencing the work, give notice in writing to the
authority having jurisdiction, prior to commencing the work, listing
(a)
the name, address and telephone number of
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-
(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.
5.1.6 Every owner shall give sufficient notice to the authority having jurisdiction.
(a)
of intent to begin work that the authority having jurisdiction has directed
and may be subject to audit during construction,
(b)
of intent to cover work that the authority having jurisdiction has directed
and may be subject to audit during construction; and
(c)
when work has been completed and before occupancy.
5.1.7 Every owner shall give notice in writing to the authority having jurisdiction
(a)
immediately upon any change in ownership or change in the address of the
owner occurs prior to the issuance of an 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 authority having
jurisdiction.
5.1.8 Every owner shall give such other notice to the authority having jurisdiction as may
be required by the provisions of the Code or this by-law.
5.1.9 Every owner shall make, or have made at his own expense, the tests or inspections
necessary to prove compliance with these requirements and shall provide a copy of
all such test or inspection reports to the authority having jurisdiction.
5.1.10 Every owner shall provide an up-to-date legal survey of the lot when and as required
by the authority having jurisdiction.
5.1.11 When required by the authority having jurisdiction, every owner shall uncover and
re-cover at his own expense any work that has been covered contrary to an order
issued by the above authority.
5.1.12 Every owner is responsible for the cost of repair of any damage to public property
or works located thereon that may occur as a result of undertaking work for which
a building permit was or was not required.
5.1.13 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or
relocate a building shall provide supervision and coordination of all work and
trades.
5.1.14 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.
5.1.15 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.
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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 Authority Having Jurisdiction:
5.3.1 The authority having jurisdiction 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 authority having jurisdiction shall keep copies of all applications received,
permits and orders issued, inspections and tests made, and of all papers and
documents connected with the administration of the Code and this by-law for such
time as required by the provisions of the Municipal Act
5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out
in Article 5.5.2 herein, the authority having jurisdiction shall issue in writing
such notices or orders as may be necessary to inform the owner of the
contravention of the Code or this by-law.
5.3.4 The authority having jurisdiction shall provide, when requested to do so, all reasons
for refusal to grant a permit.
5.4 Duties and Responsibilities of Designer:
5.4.1 When a designer is retained, the designer shall ensure that the design of the
building conforms to the Code.
5.4.2 When a professional engineer or architect is required by the Code or the
requirements of this by-law, they shall do inspections to ensure that the construction
conforms to the design and the Code.
5.4.3 Every designer is required to submit to the authority having jurisdiction:
(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 authority having
jurisdiction.
5.4.4 Every designer shall ensure that all materials, systems, equipment or related matter
specified for the construction, alteration, reconstruction or renovation of a building
meet the requirements of the Code and the requirements of applicable Acts,
regulations and by-laws for the work to be undertaken.
5.4.5 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.
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5.4.6 Prior to the consideration of issuance of an Occupancy Permit, the responsible
designer, architect and/or professional engineer shall, where required by the authority
having jurisdiction, 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 designer, architect and/or professional engineer shall sign, date and
seal all documents referred to in this section of the by-law.
5.5
Powers of Authority Having Jurisdiction:
5.5.1 The authority having jurisdiction 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 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;
(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
(i)
the failure to comply with conditions of a resolution of council or board
order pertaining to a permit
5.5.3 The authority having jurisdiction may direct that tests of materials, equipment,
devices, construction methods, structural assemblies or foundation conditions be
made, or sufficient evidence or proof be submitted at the expense of the owner,
where such evidence or proof is necessary to determine whether the material,
equipment, device, construction or foundation condition meets these requirements.
5.5.4 The authority having jurisdiction, may require an owner to submit, in addition to the
information required in Article 4.1.1, an up-to-date plan, survey, building
specifications, or letters of assurance and / or compliance (as hereto attached as
Schedules "B", "C", "D", "E", and "F"), prepared, signed, and certified, by a
registered land surveyor, architect, professional engineer, designer, constructor,
or owner, 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, during construction and upon completion of the work, all such
requirements have been complied with.
5.5.5 The authority having jurisdiction may ask for any other documentation or tests
deemed necessary at the expense of the owner.
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5.5.6 Notwithstanding any other provisions herein, wherein the opinion of the authority
having jurisdiction the site conditions, the size or complexity of a building, part of
a building or building component warrant, or for any other reason, the authority
having jurisdiction, may require that the owner have the following done at his/her
expense:
(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 authority having jurisdiction may issue a building permit at the risk of the owner
with, if necessary, conditions to ensure compliance with these requirements and any
other applicable regulations, to excavate or to construct a portion of a building
before all the plans of the project have been submitted to the authority having
jurisdiction.
5.5.8 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.
5.5.9 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,
(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.
5.5.10. 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 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.
5.5.11. Notwithstanding any other provisions herein, when, in the opinion of the authority
having jurisdiction, immediate measures need to be taken to avoid an imminent
danger, the authority having jurisdiction may take such action as is appropriate,
without notice and at the expense of the owner.
5.5.12. 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, or any other matter
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herein may, within fifteen (15) days from the date of the decision, appeal to the
Board. All decisions or orders remain in effect during the appeal process.
6.2
The Board 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 Board may:
(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 Board 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 7
Offenses and Penalties
7.1.
Any person who contravenes, disobeys, refuses, or neglects to obey certain
provisions of this by-law, shall be charged a penalty with respect to specific
contraventions of the by-law and in the amounts and in accordance to the penalties
as shown and outlined in Schedule "G" hereto attached, and, where such
contravention, refusal, omission, or failure, continues for more than one day, the
penalty shall apply for each and every day it continues, and, if the person fails to pay
such penalties within 30 days of notice of such contravention, refusal, omission, or
failure, the penalties shall be added to the appropriate real property tax roll.
7.2.
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 Board under Article 6 herein;
(c)
the requirements for obtaining an occupancy permit
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
7.3 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 7.1 and 7.2 aforesaid.
7.4. 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.
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SECTION 8
Repeal
8.1
By-law No. 1-1998 and 2-1998 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;
(q) 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 in Council assembled in the Council Chambers of the Rural Municipality
of Argyle, at Baldur in the Province of Manitoba, this 10th day of July, A.D. 2018
_ _Original Signed by "Daniel Martens"
Reeve
Original Signed by "Barbara Bramwell"
Chief Administrative Officer
Received first reading the 8th day of May, A.D. 2018.
Received second reading the 12th day of June, A.D. 2018
Received third reading the 10th day of July, A.D. 2018
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SCHEDULE "A"
This is Schedule "A" to By-Law No. 4-2018
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
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Schedule B
Pursuant to Subsection 4.2.1.4 of the Building Bylaw
Note: To be submitted prior to issuance of a Building Permit
The information provided is relied upon by the authority having jurisdiction.
ASSURANCE OF RETENTION OF PROFESSIONAL
RE: Design and Inspection of Construction by a professional engineer or architect, known as
the "Prime Consultant"
The Authority Having Jurisdiction
Date
Dear Sir:
RE: (Address of Project)
(Legal Description of Project)
The undersigned has retained as the Prime Consultant, to undertake and/or coordinate the design
and inspections of the applicable registered professionals required for this project in order to
ascertain that the design will comply and construction of the project will substantially conform in
all material respects with the current Building Code and other applicable safety standards, except
the construction safety aspects.
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 the registered professional for which he permit is
issued by the municipality for the project. This includes keeping records of all site visits and any
corrective action taken as a result thereof
The owner and the prime consultant will notify the Authority Having Jurisdiction in writing prior
to any intended termination of or by the prime consultant. It is understood that work on the above
project will cease as of the effective date of such termination, until such time as a new
appointment is made.
The owner hereby certifies that all required Municipal and Provincial Permits and other required
authorizations will be obtained prior to the commencement of construction.
Prime Consultant's Information
Owner's Information
Prime Consultant's Name (Print)
Owner's Name (Print)
_____________________________
_______________________
Prime Consultant's Signature
Owner's or Owner's Agent Signature
_____________________________
_________________________
Address
Date
Occupation (Print)
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The Corporate Seal of
was hereunto affixed in the presence of
(Print name of witness)
(Affix Owner's Corporate Seal here)
The above must be signed by the owner or the owner's appointed agent. The signature
must be witnessed by the prime consultant. If the owner is a company, the corporate seal
of the company must be affixed to the document in the presence of its duly authorized
officers. The officers must also sign, setting forth their positions in the company. The
prime consultant is to be registered in the Province of Manitoba as a member in good
standing in the Association of Architects or the Association of Professional Engineers
Title of Agent (if applicable) (Print)
(Affix Coordinating Professional's Seal here)
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Schedule C
Pursuant to Subsection 4.2.1.4 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
Separate form to be submitted by each registered professional.
The information provided is relied upon by the Authority Having Jurisdiction
ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION
The Authority Having Jurisdiction
Date
(Address)
Dear Sir:
Re: (Legal Description of Project)
The undersigned hereby gives assurance that the design of the (initial applicable item/items)
_
_
_
ARCHITECTURAL
_
_
_
STRUCTURAL
_
_
_
MECHANICAL
_
_
_
PLUMBING
_
_
_
FIRE SUPPRESSION SYSTEMS
_
_
_
ELECTRICAL
_
_
_
GEOTECHNICAL - temporary
_
_
_
GEOTECHNICAL - permanent
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 the above referenced
components during construction.
The undersigned also assures 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 by the municipality for the project. This includes keeping
records of all site visits and any corrective action taken as a result thereof
The undersigned also undertakes to notify the Authority Having Jurisdiction in writing as soon as
practical if his contract for inspection is terminated at any time during construction.
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(Print)
Name
Date
Signed
Address
Phone
Affix PROFESSIONAL
SEAL here
If the Registered Professional is a member of a firm, complete the following
I am a member of the firm
(Print name of firm)
and I sign this letter on behalf of myself and the firm.
Note: The above letter must be signed by a registered professional who is registered in the
Province of Manitoba as a member in good standing in the Association of Architects or the
Association of Professional Engineers.
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Schedule D
Pursuant to Subsection 4.2.1.5 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
The information provided is relied upon by the authority having jurisdiction
LETTER OF ASSURANCE
The Authority Having Jurisdiction
Date
(Address)
Dear Sir:
Re: (Address of Project)
(Legal Description of Project)
The undersigned agrees to undertake and/or coordinate the design review of this project in order
to ensure that the design will comply and construction of the project will conform in all respects
with all applicable acts, regulations and by-laws.
The owner hereby certifies that all required Municipal and Provincial Permits and other required
authorizations will be obtained prior to the commencement of construction.
Designer's Information
Owner's Information
Name (Print)
Owner's Name (Print)
Address (Print)
Date
Signature
Signature of Owner or Owner's Agent
Occupation (Print)
Title of Agent (if applicable)
Certification or License
Address (Print)
The Corporate Seal of
was hereunto affixed in the presence of
(Print name and office of signatory)
(Affix Owner's Corporate Seal here)
The above must be signed by the owner or owner's appointed agent. If the owner is a company,
the corporate seal of the company must be affixed to the document in the presence of its duly
authorized officers. The officers must also sign, setting forth their positions in the company.
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Schedule E
Pursuant to Subsection 4.2.3.5 of the Building By-Law
Note: To be submitted after completion of the project but prior to official occupancy
The information provided is relied upon the authority having jurisdiction.
ASSURANCE OF COMPLIANCE
The Authority Having Jurisdiction
Date
Address
Dear Sir:
Re: (Address of Project)
(Legal Description of Project)
I hereby certify that all aspects of the project conform with the plan and supporting documents
which were submitted prior to receiving a building permit and that the construction conforms to
the Manitoba Building Code. I further certify that there are no outstanding Municipal or Provincial
approvals, permits or other requirements pertaining to the use or occupancy of this project.
Name (print)
Date
Signed
Address
Phone
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Schedule F
Pursuant to Subsection 4.2.3.5 of the Building By-law
Note: To be submitted after completion of the project but prior to official occupancy
Separate form to be submitted by each registered professional.
The information provided is relied upon by the authority having jurisdiction.
ASSURANCE OF PROFESSIONAL INSPECTION AND COMPLIANCE
The Authority Having Jurisdiction
Date
Address
Dear Sir:
Re: (Address of Project)
(Legal Description of Project)
I hereby certify that I have fulfilled my obligation for inspection as outlined in the following
previously submitted letters;
SCHEDULE A
ASSURANCE OF RETENTION OF PROFESSIONAL
SCHEDULE B
ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT
FOR INSPECTION
Based on such inspections the following aspects of the project conform in all respects with the
plans and supporting documents, including all amendments thereto, prepared by this registered
professional for which a permit was issued by the municipality for the project.
_
_
_
COORDINATION OF DESIGN AND INSPECTION
(to be initialed by the prime consultant)
_
_
_
ARCHITECTURAL
_
_
_
STRUCTURAL
_
_
_
MECHANICAL
_
_
_
PLUMBING
_
_
_
FIRE SUPPRESSION SYSTEMS
_
_
_
ELECTRICAL
_
_
_
GEOTECHNICAL - temporary
_
_
_
GEOTECHNICAL - permanent
(to be initialed by the applicable registered professional)
I hereby enclose the final design plans and supporting documents prepared by this registered
professional for the above referenced Project. I further certify that there are no outstanding
Municipal or Provincial approvals, permits or other requirements pertaining to the use or
occupancy of this project.
Name (print)
Date
Signed
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Address
Phone
(Affix PROFESSIONAL SEAL here)
If the Registered Professional is a member of a firm, complete the following:
I am a member of the firm
(Print name of firm)
and I sign this letter on behalf of myself and the firm.
Note. The above letter must be signed by a registered professional who is registered in the
Province of Manitoba as a member in good standing in the Association of Architects or the
Association of Professional Engineers.
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Schedule G
This is Schedule "G' to By-law No. 4-2018 respecting
"Penalties for By-law Contravention"
Pursuant to Subsection 7.1 of the Building By-law
Description of Contravention Penalty per Occurrence
Start construction without a permit
2 times the required fee
Failure by Owner to stop construction upon a "Stop Order" $ 100.00 per day
Failure by Contractor to stop construction upon a "Stop Order" $ 100.00 per day
Fail to call for an inspection (on each and every inspection) $ 25.00