Building By-Law No. 3039 (Minimum Standards Building By-law) — full text

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"Rural Municipality of Dauphin" Minimum Standards Building By-law -1- TABLE OF CONTENTS SECTION ONE: SECTION TWO: SECTION THREE: SECTION FOUR: SECTION FIVE: SECTION SIX: SECTION SEVEN: SECTION EIGHT: SCHEDULE"A" SCHEDULE"B" SCHEDULE"C" SCHEDULE"D" SCHEDULE"E" SCHEDULE"F" SCHEDULE"G" Title Scope & Definitions 2.1 Scope 2.2 Definitions General 3.1 3.2 3.3 3.4 3.5 Application Generally Limited Application to Existing Buildings Exemptions Prohibitions Mobile Homes and RTM's 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 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 Appeal Offenses and Penalties Repeal Classes of Permits and Permit Fees Plans and Specifications to be Submitted Assurance of Retention of Professional Assurance of Professional Design and Inspection Letter of Assurance Assurance of Compliance Assurance of Professional Inspection and Compliance -2 The Rural Municipality of Dauphin By-Law No. 3039 (Minimum Standards Building By-Law) ^Wf ^ ?^ % ^ s g <t The Council of "Rural Municipality of Dauphin" hereby enacts as follows: SECTION I Title: Minimum Standards Building By-law This by-law may be cited as the "Rural Municipality of Dauphin" 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 Dauphin". 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 inoccupancy 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. In this by-law if no definition is provided herein, the meanings as prescribed in the Code shall prevail. 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 h 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 In this by-law; -3 "Accessory building / storage building" "Accessory Structure" "Audit" "Authority Having Jurisdiction" "Code" "Council" "CSA" "Mobile home" "Occupancy" "OFC" "Permit" "Person" "RTM" "Unsafe condition" "Used home/structure" means a building that is not used for human habitation and has no cooking facilities, or sleeping areas, but excludes farm out buildings a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. means a random review of design or construction work by the authority having jurisdiction to ascertain compliance with the Code and this by-law means the "Rural Municipality of Dauphin" and, where the context requires, such building inspector, designated officer or other authority lawfully appointed by the "Rural Municipality of Dauphin" to administer and enforce the provisions of this by-law and applicable Acts. 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 Dauphin" means the Canadian Standards Association. a detached residential dwelling unit designed for transportation on roads/highways on its own wheels or other trailer and arriving at the site where it is to be occupied as a dwelling ready for occupancy,except for minor and incidental unpacking and assembly operations. A travel trailer, Camper, or RV shall not be considered a mobile home. means the use or intended use of a building or part thereof for the shelter or support of persons, animals, or property. means the Office of the Fire Commissioner. 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 new houses, or dwelling units, including modular homes, as governed by the current Manitoba Building Code. means a structure or property in such a condition that it may be unsafe for people or animals and may cause physical harm to people or animals, or has not complied with this by-law or the building code. means a dwelling/structure that is not of new construction, that has been previously occupied/used. -4 "Valuation" shall mean the total monetary worth of all construction or work, including all painting, papering, roofing, electrical work, plumbing, permanent or fixed equipment, including any permanent heating, elevator equipment or fire sprinkler equipment, and all labour, materials and other devices entering into and necessary to the prosecution of the work in its completed form. No portion of any building including, mechanical, electrical and plumbing work, shall be excluded from the valuation for a permit. SECTION 3 General 3.1 Application Generally: 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 thework 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, -5 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 by-law apply to all parts of the building within the scope of the proposed change, alteration, or enlargement. 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. (e) accessory storage buildings not greater than 13.9 square meters (150 square feet) in building area subject to the concurrence of the authority having jurisdiction. (f) a farm building/structure under 600 square meters (6,458 square feet), other than one 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 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 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. -6 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 on the same lot or site, or, unto an adjacent lot or building site unless otherwise approved by the authority having jurisdiction. 3.4.9. No person shall restrict or intend to restrict surface water to flow or drain its natural course, 3.5 Mobile Homes and RTM Homes: 3.5.1 Mobile homes and RTM's shall comply with the requirements of the CSA as applicable or the Code. 3.5.2 The authority having jurisdiction shall require any or all of the following in respect to a mobile home or RTM, sought to be located within the area of jurisdiction of the 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. (e) CSA or OFC Label for mobile homes. 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 required / -7 fee as established and adopted by the MLA Planning Region and 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, 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 may be 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. 4.1.4 Any revision to the original application described in article 4.1.1 shall be made in the manner as prescribed by the authority having jurisdiction. 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: 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 - 8 a plumbing system unless a permit to do so has been obtained. (h) The excavation of any land for any purpose of erecting or locating on or above it, any building or structure; 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 similar 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 13.9 square meters (150 square feet) in building area; (h) Non-structural alterations, repairs or betterments where the value of such work is less than fifteen thousand dollars ($15,000) 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 4.2.1.6(1 ), the owner shall (unless the authority having jurisdiction waives such requirement) submit Letters of Assurance in the forms set out in Schedules C and D, as attached hereto, which: (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 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. 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 (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 Subsection (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, (b) -9 regulations and by-laws, and bear the seal or stamp of the registered professional, and for inspection of construction to ensure compliance with the design and the requirements of applicable acts, regulations and by-laws. (3) If the engagement of an architect or professional engineer pursuant to Sections 4.2.1.6.(1) and (2) is terminated during the construction period, work shall be discontinued until a replacement has been appointed and the authority having jurisdiction has been notified. (4) The requirements of Sections 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 cleanout 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 there of; -10 (b) 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; (c) 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; (d) for a change or addition of an occupancy classification of a suite in a building; and (e) for a change from a use not previously authorized to a new use. 4.2.3,2 An Occupancy Permit is not required for: a) the occupancy of a new or existing single-family dwelling, a two-family dwelling or a multi-family dwelling without shared exit facilities; b) the occupancy of a new or existing single-family dwelling, a two-family dwelling or a multi-family dwelling without shared exit facilities where an alternation is made thereto; 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 F and G, as attached hereto, confirming that the construction of the building, work or project conforms with the plans, specifications and related documents for which the building permit was issued. 4.2.3.6 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. -11 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 Zoning by-law, or any other by-law of 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 their 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 or other jurisdiction. 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. -12 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. (b) Keep visible at all times during construction the street number of the premises in figures at least 3 inches high and visible from the street or sidewalk. 5.1.4 Every owner shall give notice to the authority having jurisdiction of dates on which they intend 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 (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) (b) of intent to begin work that the authority having jurisdiction has directed and may be subject to audit during construction, 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) (b) immediately upon any change in ownership or change in the address of the owner occurs prior to the issuance of an Occupancy Permit; 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 havingjurisdiction. 5.1.8 Every owner shall give such other notice to the authority having jurisdiction as maybe required by the provisions of the Code or this by-law. 5.1.9 Every owner shall make, or have made at their own expense, the tests or inspections necessary to prove compliance with these requirements and shall provide a copy of all such test or inspection reports to the authority having jurisdiction. 5.2 5.3 -13 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 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. 5.1.12 When required by the authority having jurisdiction, every owner shall uncover and re-cover at their own expense any work that has been covered contrary to an order issued by the above authority. 5.1.13 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. 5.1.14 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or relocate a building shall provide supervision and coordination of all work and trades. 5.1.15 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. Duties And Responsibilities of The Constructor: 5.2.1 Every Constructor shall ensure that all construction safety requirements of the Code are complied with. 5,2.2 Every Constructor is responsible for ensuring that no excavation or other work is undertaken on public property, and that no building is erected or materials stored in whole or in part thereon without approval first having been obtained in writing from the Council. 5.2.3 Every Constructor is responsible jointly and severally with the owner for work actually taken. Duties & Responsibilities of Authority Having Jurisdiction: 5.3.1 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. -14 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 ofthebuilding 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 havingjurisdiction: (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. 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; -15 (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 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 theinformation required in Article 4,1.1, an up-to-date plan, survey, building specifications, or letters of assurance and / or compliance (as hereto attached asSchedules "C", "D", "E", "F", and "G", 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 tothis 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. 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 their expense: (a) the appropriate plans, specifications and related documents be reviewed byand 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 anyother 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, -16 (c) that would authorize any building work or occupancy that would not bepermitted 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 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. 5.5.11. 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. 5.5.12. 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. 5.5.13. 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 matterherein may, within fifteen (15) days from the date of the decision, appeal to the Council. All decisions or orders remain in effect during the appeal process. 6.2 Council may hear the appeal as a committee of the whole or by sub-committee especially established for this purpose. 6.3 Upon the hearing of an appeal, the Council may: (a) uphold, rescind, suspend or modify any decision or order given by the authority having jurisdiction; -17 (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 itdeems just; and the decision or order of the Council upon being communicated to the appellant, shall stand in place of the decision or order against which appeal is made, and any failure to comply with the decision or order is an offense. SECTION 7 Offenses and Penalties 7.1 This by-law shall be enforced pursuant to the General Enforcement By-law, as amended from time to time, of the authority having jurisdiction. 7.2 Any Person may allege a violation of this by-law by filing a written complaint with the Chief Administrative Officer or designate in such form and with such particulars as the Chief Administrative Officer or designate may from time to time require, and/or the Chief Administrative Officer or designate may investigate based on their regular patrol of the Municipality. 7.3 Any Person who contravenes or disobeys or refuses or neglects to obey or comply with any provision of this by-law or any order made under this by-law and/or the General Enforcement By-law of the authority having jurisdiction is guilty of an offence and is liable to fines and penalties as set out in the General Enforcement By-law of the authority having jurisdiction. 7.4 Where an infraction of any of the provisions of this by-law continues for more than one (1) day, the Person is guilty of a separate and continuing offence for each day such infraction continues. 7.5 Where the Chief Administrative Officer or designate determines that a contravention of any provision of this by-law has occurred, the Chief Administrative Officer or designate may commence enforcement proceedings and issue and serve a notice of contravention and, if required, an order to remedy a contravention pursuant to the General Enforcement By-law and enforcement policy and procedures of the authority having jurisdiction. 7.6 A Person who receives an order to remedy a contravention may appeal such order in accordance with the General Enforcement By-law and enforcement policy and procedures of the authority having jurisdiction. Council's decision on the issue is final and not subject to further appeal, 7.7 The authority having jurisdiction and/or the Chief Administrative Officer or designate may take whatever action or measures are necessary to remedy a contravention of this by-law in accordance with the General Enforcement By-law and enforcement policy and procedures of the authority having jurisdiction. SECTION 8 Repeal 8.1 By-law No. 2881 is hereby repealed. 8.2 The repeal of the by-laws in the last preceding section mentioned shall not revive any by- -18 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 applicationof 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, ruleor any proceeding, matter or thing whatever, respecting the same had, done,made, entered, granted, completed, pending, existing or in force at the timeofsuch 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; shall and such repeal defeat, disturb, invalidate, or prejudicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal. Effective Date: This by-law is hereby adopted and shall come into full force on the date of passing. DONE AND PASSED by the Council of "Rural Municipality of Dauphin", in open session duly assembled this 23rd day of August, A.D, 2022. "Rural Municipality of Dauphin" --' ^ Reeve ( Assistant Ad^inistffitor Received first reading the 8th day of March, A.D. 2022. Received second reading the 23rd day of August, A.D. 2022 Received third reading the 23rd day of August, A.D. 2022 For: Ronald E, Ryz David Johnston Dennis Forbes Don Seeley Jack Bremner Midge Sametz Tom Gibbs Against: Absent: Abstained. -1- This is Schedule "A" to By-Law No. 3039 respecting "Classes of Permits and Permit Fees" Note: In the event of a discrepancy of fees or penalty, the current MLA Fee Schedule shall prevail. Building Permit / Development Fee Schedule Part 9 (One or two family dwellings) Rate First $100,000 of value 1.25% Remainder of value 0.75% Values to be calculated as follows: Main floor $45.00/sqft Other floor(s) $33.00/sqft beams Replacement of basement, foundations, piles & grade $25.00/sqft Surface foundation $13.00/sqft Attached garage or accessory building $19.00/sqft Open deck (attached) $ 6.00/sqft Construction, renovation or repair work $36.00/sqft Part 3 or Part 9 - Commercial Buildings Rate Assembly, Detention, Treatment, Care, Residential Care, Business and Personal Service, Mercantile, High-Hazard Industrial, Medium-Hazard Industrial, Low- Hazard Industrial, Farm Buildings and Residential Occupancies other than One or Two family Dwellings 1.0% (on first 1,000,000) 0.6% (remainder) $200 Minimum Occupancy Permit $50.00 Other Building Permits Rate Permit for Detached Accessory Structure $ 75.00 Metal Shipping Container $ 60,00 Permit for Swimming Pool $119.00 Permit for Basement Finishing $ 100.00 Temporary Permits (seasonal greenhouses, events kiosks, display structures, construction offices, and the like) $ 30.00/month Relocation Permit (RTM) $ 60.00 + foundation fee Relocation Permit Non-Dwelling - New or Used (Example: Prefab shed) $ 60.00 Demolition Permit $ 60.00 Detached Garage $ 100.00 -2- Mobile Home Permit (MUST have CSA or OFC Label) $ 60,00 + surface foundation fee Used Home Permit Note: Inspections/Reports to municipal council for review and approval prior to relocation. $60.00 + applicable foundation fee Plumbing Permits Rate Fee for plumbing permit ($15 per plumbing fixture, device or unit) $15.00 (minimum $60) Fee for plumbing permit (New One or Two family dwelling) $125,00 Note: Maximum 3 inspections per plumbing permit or a fee is charged for additional inspections Inspections Rate General Inspection/Re-inspection $50,00/hr + mileage Development/Zoning Fees Rate Development permit $ 60.00 Note: Development permits are required for all buildings over 150 sqft including agricultural uses. Zoning Memorandum $ 60.00 Conditional Use Application $125.00 Variation Order Application $125.00 Combined Conditional Use and Variation Order Application $125.00 Minor Variance Allowance - Less than 10% (just to be noted on Development permit by Building Inspector) No fee Development Plan Amendment $ 250.00 minimum (all costs to be charged out to applicant) Zoning by-Law Amendment $ 250.00 minimum (all costs to be charged out to applicant) Penalties Rate Penalty for applying for development permit after commencement of work $100.00 -3- SCHEDULE"B" This is Schedule "B" to By-Law No. XX respecting List of Plans or Working Drawings to accompany applications for permits as required/requested 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 -4- Schedule C 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 projectwill 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 inall respects to the plans and supporting documents prepared by the registered professionalfor 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 -5- 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 Address Owner's or Owner's Agent Signature Date Title of Agent (if applicable) (Print) Occupation (Print) (Affix Coordinating Professional's Seal here) 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 mustalso sign, setting forth their positions in the company. The prime consultant is to be registered inthe Province of Manitoba as a member in good standing in the Association of Architects or the Association of Professional Engineers -6- Schedule D Pursuant to Subsection 4.2.1.4 of the Building By 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 technicaldisciplines. -7- 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 their contract for inspection is terminated at any time during construction. Name (Print) 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. -8- Schedule E 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 (Address) Date 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 -9 Occupation (Print) Certification or License Title of Agent (if applicable) 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) 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. -10 Schedule F Pursuant to Subsection 4.2.2.5 of the Building By 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) Signed Date Address Phone -11 Schedule G Pursuant to Subsection 4,2,2.5 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 SCHEDULE B ASSURANCE OF RETENTION OF PROFESSIONAL ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENTFOR 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) - 12 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 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.