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TABLE OF CONTENTS
SECTION 1:
Title
SECTION 2:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION 3:
General
3.1
Application Generally
3.2
Limited Application to Existing Building and Structures
3.3
Exemptions
3.4
Prohibitions
3.5
Mobile Homes and RTM's
SECTION 4:
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 5:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Contractor
5.3
Duties of Authority having jurisdiction
5.4
Duties of Designer
5.5
Powers of Authority having jurisdiction
SECTION 6:
Appeal
SECTION 7:
Offences and Penalties
SECTION 8:
Repeal
SECTION 9:
Amendments
SECTION 10:
Effective Date
Schedule A
Plans and Specifications to be Submitted
Schedule B
Letter of Certification for Final Occupancy
Schedule C
Letter of Certification for Interim Occupancy
Schedule D
Letter of Assurance
Schedule E
MB Energy Code for Buildings Letter of Assurance
Schedule F
Letter of Authorization
Schedule G
MB Energy Code Letter of Certification
Rural Municipality of Hanover
Building By-Law No. 2379-15
1
RURAL MUNICIPALITY OF HANOVER
Building By-Law No. 2379-15 As Amended
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF HANOVER FOR THE
REGULATION OF CONSTRUCTION IN THE RURAL MUNICIPALITY OF HANOVER
WHEREAS The Rural Municipality of Hanover is empowered by The Building and Mobile Homes
Act, C.C.S.M. ,cap. .B93 to, by by-law, adopt The Manitoba Building Code;
AND WHEREAS subsection 239(1) of the Municipal Act, CCSM c.m.225 provides as follows:
239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied,
enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable
notice to the owner or occupier of land or the building or other structure to be entered to carry out the
inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or
action authorized or required by the Act or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
AND WHEREAS it is deemed expedient and in the public interest to adopt the said Code and
establish such standards;
NOW THEREFORE the Council of the Rural Municipality of Hanover, duly assembled, enacts as
follows:
SECTION I Name
This by-law may be known as the Rural Municipality of Hanover 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 Hanover.
2.1.2 This by-law applies to administration and enforcement in the design, construction,
erection, placement and occupancy of new building and structures, and the alteration,
reconstruction, demolition, removal, relocation, occupancy and change in occupancy
of existing building and structures and any requirements that are necessary to correct
unsafe conditions in existing building and structures.
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
Rural Municipality of Hanover
Building By-Law No. 2379-15
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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:
"Audit"
means a random review of design or construction work by the authority having jurisdiction to
ascertain compliance with the Code and this by-law
"Authority having Jurisdiction"
means the Rural Municipality of Hanover (the "Municipality") and, where the context requires, such
building inspector or other authority lawfully appointed by the Municipality to administer and enforce
the provisions of this by-law.
"Building"
means any structure used or intended for supporting or sheltering any use or occupancy.
"Code"
means the Manitoba Building Code as established, adopted and revised from time to time under
Section 3 Construction Standard of The Building and Mobiles Homes Act, C.C.S.M., cap.B93
"Council"
means the municipal Council of the Rural Municipality of Hanover
"Final Inspection"
means the last inspection to be made on the construction under development. It is to include all
plumbing and building inspection reports, water/sewer connection permit, culvert/access permit and
verification and yard/site elevation confirmation.
"Licensed Utility Contractor"
means a utility contractor that is properly registered with the Municipality as having a minimum
standard of experience in making water and/or sewer connections on various types of municipal utility
infrastructure and knowledge of the installation standards of the Municipality.
"Occupancy Permit"
shall mean a permit issued after the Final Inspection.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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"Owner"
means a person, or agent of such person, who appears by the records of the proper land titles office
to have any right, title, estate, or interest in the land.
"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
"Rough Grading"
means cutting and filling the earth for preparation of finish grading to within 3 inches of final grade.
"RTM"
means ready to move houses being houses or building constructed in one location and moved to a
different location
"Valuation"
shall mean the total monetary worth of all construction or work, including all painting, papering,
roofing, electrical work, plumbing, permanent or fixed equipment, including any permanent heating,
elevator equipment or fire sprinkler equipment, and all labour, materials and other devices entering
into and necessary to the prosecution of the work in its completed form. No portion of any building
including, mechanical, electrical and plumbing work, shall be excluded from the valuation for a
permit
"Waste Facility"
shall, in addition to its common meaning, include agricultural waste storage facilities, domestic
sewage disposal lagoons and landfill sites.
SECTION 3 General
3.1
Application Generally:
This by-law applies to the design, construction, erection, placement and occupancy of
new building, and the alteration, reconstruction, demolition, removal, relocation, occupancy and
change in occupancy of existing building.
3.2
Limited Application to Existing Building:
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 to the requirement of the Code.
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Building By-Law No. 2379-15
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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 Fire Prevention
and Emergency Measures 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 Fire Prevention and Emergency
Measures 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 or structure affected by the change.
3.3
Exemptions:
3.3.1 The general requirements in Section 3, 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 except for loads resulting from those located on or attached to
building;
(c)
flood control and hydroelectric dams and structures;
(d)
mechanical or other equipment and appliances not regulated in this by-law; and
(e)
accessory building not greater than 120 square feet in building area
3.3.2 A farm building less than 600 m2 in size, other than a farm building used as residence,
an attached garage or carport, shall be subject to an application for and obtaining of a
building permit.
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 approval by the
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Building By-Law No. 2379-15
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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 authority having
jurisdiction.
3.4.5 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 of a building or grades.
3.4.6 No person shall knowingly submit false or misleading information to the authority
having jurisdiction concerning any matter relating to this by-law.
3.4.7
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.
3.5
Mobile Homes and RTM's:
3.5.1 Mobile homes and/or RTM's shall comply with the requirements of the Code.
3.5.2 The authority having jurisdiction may require any or all of the following in respect to
a mobile home or RTM sought to be located within the municipality:
(a)
the submission of a complete set of plans and specifications;
(b)
the seal of an Engineer licensed in the Province of Manitoba in respect to all
building components requiring professional certification;
(c)
submission of copies of any or all permit taken out for the mobile home or RTM
in the location of its construction together with a copy of any or all inspection
reports; and
(d)
such inspections or certifications as may be deemed necessary in order to ensure
compliance with the Code and this by-law.
SECTION 4 Permit
4.1
Application:
4.1.1 Except as otherwise allowed and prescribed by the authority having jurisdiction, every
application for a permit 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
fee as set out in the fees by-law;
(d)
include those plans and specifications, as set out in Schedule A of this by-law
Rural Municipality of Hanover
Building By-Law No. 2379-15
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(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 owner(s), applicant
and contractor; and
(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 three months after the date
of filing, the application shall (unless otherwise extended by the authority having
jurisdiction) be deemed to have been abandoned.
(a)
Applications may be reinstated by the authority having jurisdiction within
one (1) year of the date of abandonment without a new application being filed as
long as the application continues to meet the requirements of all applicable codes.
The authority having jurisdiction may alter the fees owing on a reinstated application
so that they reflect the fee schedule in place at the time of reinstatement.
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 incomplete 24 months from the date of
issue, unless otherwise extended by the authority having jurisdiction
4.1.3.1 A permit extended under 4.1.3(b) shall be extended to the date of expiry of the permit
deposit, or by 12 months where no deposit was taken.
(a)
There shall be no limit to the number of extensions which may be granted
however Council may set a fee for extension requests where at least 36 months has
lapsed between the date of issue and the new expiry date requested in the extension.
4.1.3.2 Permits that have expired under section 4.1.3 shall not be subject to refund.
4.1.4 Any revision to the original application described in Section 4.1.1 shall be made in the
same manner as for the original permit, or as may be required by the authority having
jurisdiction.
4.1.5 Applications for a permit may be filed, and a permit may be issued to an owner, or to
a contractor or other properly authorized agent of the owner if that agent holds a Letter
of Authorization as set out in the schedules of this by-law or in some format acceptable
to the authority having jurisdiction.
4.2
Permit:
4.2.1 Building Permit:
4.2.1.1 Except as permitted in Section 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;
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Building By-Law No. 2379-15
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(b)
the addition, extension, improvement, alteration or conversion of any building
or structure, or portion thereof;
(c)
the development of a previously unfinished basement;
(d)
the repair, rehabilitation, or renovation of any building or structure, or portion
thereof;
(e)
underpinning;
(f)
the relocation or removal of any building or structure, or portion thereof;
(g)
the excavation of any land for any purpose of erecting or location on or above
it, any building or structure;
(g)
the installation, construction, repair, renewal, alteration or extension of a
mechanical system;
(h)
the installation, construction, alteration or extension of a spray paint operation,
spray painting booth, dip tank or other special process.
4.2.1.2 A building permit is not required for:
(a)
patching, painting or decorating;
(b)
replacement of stucco, siding or shingles with the same material;
(c)
replacement of doors or windows when the opening is not altered;
(d)
replacement of open landing and stairs and open decks;
(e)
construction of fences;
(f)
installation of cabinets and shelves;
(g)
a detached accessory storage building no greater than 120 square feet in building
area;
(h)
non-structural alterations or repairs where the value of such work in less than
five thousand dollars ($5,000.00).
(i)
a concrete pad which is not to serve as the foundation or floor of any structure.
4.2.1.3 Notwithstanding that a building permit is not required for the work described in section
4.2.1.2., such work shall comply with the Code and the provisions of this and other
applicable by-law(s) 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 5.1.20(1),
the owner shall (unless the authority having jurisdiction waives such requirement)
submit Letters of Assurance in the forms set out in the schedules to this by-law, which:
(a)
confirm that the owner has retained the necessary architect(s) or professional
engineer(s) for all the applicable disciplines, for professional design and
inspection; and
(b)
incorporate the architect's or professional engineer's assurance of professional
design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which a 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 the schedule to this
by-law, confirming that the owner will ensure that the building will be constructed in
accordance with the Code.
4.2.1.6 Before the issuance of a building permit, all fees must be paid in full as set out in the
Rural Municipality of Hanover
Building By-Law No. 2379-15
8
fees by-law.
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.
4.2.2.4 When a plumbing permit is required only Licensed Utility Contractors are allowed to
connect to municipal water/sewer systems.
4.2.3. Occupancy Permit:
Except as otherwise permitted herein, no person shall occupy; use or permit the occupancy; 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 a
single-family dwelling where the property owner is acting as builder or general
contractor and intends to reside in the dwelling. For the sake of clarity, a
property owner acting under this subsection may reside in the dwelling without
an occupancy permit prior to its completion but must obtain an occupancy
permit upon completion of the dwelling.
(b)
the occupancy of any existing building or structure where an alteration is made
thereto, except a single-family dwelling, a two-family dwelling or a multi-family
dwelling without shared exit facilities;
(c)
for a change from one Major Occupancy group to another or a change from one
division to another within a Major Occupancy group in any existing building
or structure, or part thereof;
(d)
for a change from one use to another within the same division in a Major
Occupancy group which results in an increase in the occupant load;
(e)
for a change or addition of an occupancy classification of a suite in a building;
and
(f)
for a change from a use not previously authorized to a new use.
4.2.3.2 Before the issuance of an Occupancy Permit, the owner shall ensure that all required
inspections have been completed and passed and all work is finished in accordance
Rural Municipality of Hanover
Building By-Law No. 2379-15
9
with all applicable codes. They shall also ensure that all documentation required by
the authority having jurisdiction has been provided and that the work done conforms
to the plans, specifications and related documents for which the building permit was
issued.
4.2.3.3 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.
4.2.3.4 No change shall be made in the type of occupancy or use of any building or structure,
which would place the building or structure in a different occupancy group, or
divisions within a group, unless such building or structure is made to comply with the
requirements of the Code for that occupancy group, or division within a group.
4.2.3.5 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.
4.2.3.6 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 month periods.
4.2.3.7 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.
4.2.3.8 An applicant for an Occupancy Permit shall supply all information requested by the
authority having jurisdiction to show compliance with this by-law and any other
relevant by-laws of the authority having jurisdiction.
4.2.3.9 The required Occupancy Permit shall be displayed and maintained in a legible
condition by the owner or the owner's agent in a location acceptable to the authority
having jurisdiction.
4.2.4. Demolition Permit:
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 Development Permit:
4.2.5.1 No person shall commence or cause to be commenced the construction, alteration,
expansion or repair of any waste facility without first obtaining a development
permit.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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4.2.6 General:
4.2.6.1 No permit shall be assigned or transferred unless signed authorization is received
from the assignor or transferor and assignee or transferee agreeing to the re-
assignment or transfer. The authority having jurisdiction may accept or refuse the
reassignment or transfer of a permit from one person to another.
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 any and
all proposed work, prior to commencing the work to which they relate.
5.1.3 For all construction requiring a building permit, the owner, applicant, or contractor
shall leave a deposit. Council may, by policy, establish the specific circumstances
under which a deposit must be provided. The value of the deposit shall be set in the
Fees and Charges By-Law and may be amended from time to time.
5.1.4 The deposit shall be refunded, less any reductions charged during the course of the
project, to the payer of the deposit upon satisfactory completion and inspection of all
required work. Council may, by policy, set the terms for the release of the deposit.
5.1.5 The deposit shall be forfeited when:
(a)
subject to section 4.2.3.1(a) any commercial structure or residential dwelling
unit is occupied prior to the issuance of a certificate of occupancy;
(b)
when Final Inspection has failed by the designated employee, officers, or
employees of the municipality;
(c)
construction is not completed within twenty-four (24) months from the time of
payment of the permit, unless a twelve (12) month written extension is obtained
from the authority having jurisdiction;
(d)
in the case of single and two unit structures, the garage pad elevation is greater
or less than 3 inches (76.2 mm) from the required grade set by the municipality;
or, in the case of all other structures, the grading of the lot does not comply with
the lot grading and drainage plan approved by the municipality.
5.1.6 It is the responsibility of the owner to ensure all required inspections are completed
at the appropriate intervals as identified by the authority having jurisdiction.
5.1.7 The authority having jurisdiction may garnish the deposit for any required re-
inspections and missed inspections at a rate as set out in the fees by-law.
5.1.8 The garnishment or forfeiture of a deposit may be appealed, in writing within thirty (30)
days from the time of notification, to council or designated sub-committee as per
Section 6 of this by-law.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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5.1.9 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 a Posting
Permit 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 (75 mm) high and visible from the street or sidewalk.
5.1.10 Every owner shall give notice, if required, to the authority having jurisdiction of dates
on which the owner intends to begin work prior to commencing work on the building
site.
5.1.11 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 contractor or other person in charge of the work;
(ii)
the designer of the work;
(iii)
the person reviewing the work; and
(iv)
any inspection or testing agency engaged to monitor the work or part
of the work.
(b)
any change in or termination or employment of such persons during the course
of the construction immediately that such change or termination occurs.
5.1.12 Every owner shall give sufficient notice to the authority having jurisdiction:
(a)
of intent to begin work that the authority having jurisdiction has directed may
be subject to audit during construction;
(b)
of intent to cover work that the authority having jurisdiction has directed may
be subject to audit during construction; and
(c)
when work has been completed and before occupancy.
5.1.13 Every owner shall give notice 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.
5.1.14 Every owner is responsible for the cost of repair of any damage to public property or
works located thereon that may occur as a result of the owner undertaking work for
which a permit was or was not required.
5.1.15 Every owner shall when required by the authority having jurisdiction:
(a)
give such other notice to the authority having jurisdiction as may be required by
the provisions of the Code or this By-law;
(b) make, or have made at the owner's expense, the tests or inspections necessary
to prove compliance and provide copies of all such tests;
(c)
provide up-to-date Survey or Building Location Certificate of the building side;
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(d)
uncover and re-cover at the owner's own expense any work that has been
covered contrary to an order issued by the authority;
(e)
be responsible for the cost of repair of any damage to public property or works
located thereon that may occur as a result of the owner undertaking work for
which a permit was or was not required; and
(f)
ensure that that during the construction process, no unsafe conditions exists or
will exist because of the work being undertaken.
5.1.16 Except in accessory buildings, 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
major alteration of that building; or
(b) Change in the occupancy of any building or part of it.
5.1.17 Should occupancy occur before the completion of any work being undertaken, every
owner shall ensure that no unsafe condition exists or will exist because of the work being
undertaken or not completed.
5.1.18 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.
5.1.19 When a building or part of it is in an unsafe condition, the owner shall immediately
take all necessary action to put the building in a safe condition.
5.1.20 (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;
or
(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 Section 5.1.20(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.
(3) If the engagement of an architect or professional engineer pursuant to section
5.1.20(1) and (2) is terminated during the construction period, work shall be
discontinued until a replacement has been appointed.
Rural Municipality of Hanover
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(4) The requirements of section 5.1.20(1), (2), and (3) of this by-law, 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.
5.1.21 Where the dimensions of a structural component are not provided in Part 9 of the Code
for use in a building within the scope of that part, and such dimensions are to be
determined on the basis of calculation, testing or other means of evaluation, the owner
shall retain the services of an architect or professional engineer.
5.1.22 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or
relocate a building shall provide supervision and co-ordination of all work and trades.
5.1.23 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.
5.1.24 It shall be the owner's responsibility for waste management of construction debris and
its removal. Construction debris shall not be buried.
5.2
Duties and Responsibilities of the Contractor:
5.2.1 Every Contractor shall ensure that all construction safety requirements of the Code are
complied with.
5.2.2 Every Contractor is responsible for ensuring that no excavation or other work is
undertaken on public property and that no building is erected or materials stored in
whole or in part thereon without approval first having been obtained in writing from
the authority having jurisdiction.
5.2.3 Every Contractor is responsible jointly and severally with the owner for work
undertaken. During the construction process, every contractor must ensure that the
construction site is kept safe and that any open excavations or hazards are clearly
marked and barricaded.
5.2.4 Every Contractor is responsible jointly and severally with the owner to ensure all
required permits have been obtained prior to commencing work.
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 section 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 (Manitoba).
5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out in
section 5.5.2 herein, the authority having jurisdiction shall issue in writing such
Rural Municipality of Hanover
Building By-Law No. 2379-15
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notices or orders as may be necessary to inform the owner of the contravention(s) 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 the 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.
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 this or any other by-law 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;
Rural Municipality of Hanover
Building By-Law No. 2379-15
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(b)
a person who contravenes these requirements to comply with them within the
time period that may be specified;
(c)
work to stop on the building or any part of it, if such work is proceeding in
contravention of these requirements, or if there is deemed to be an unsafe
condition;
(d)
the removal of any unauthorized encroachment on public property;
(e)
the removal of any building or part of it constructed in contravention of these
requirements;
(f)
the cessation of any occupancy in contravention of these requirements;
(g)
the cessation of any occupancy if any unsafe condition exists because of work
being undertaken or not completed; and
(h)
correction of any unsafe condition.
5.5.3 The 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 section 4.1.1 of this by-law, a staking certificate or building
location certificate (BLC) being not more than 1 year old and prepared by a registered
land surveyor, architect or professional engineer, as is appropriate to the work, and
which shall contain sufficient information regarding the site and the location of any
building:
(a) to establish before construction begins that all the requirements related to this
information will be complied with; and
(b) to verify that, upon completion of the work, all such requirements have been
complied with.
5.5.5 The 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 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;
Rural Municipality of Hanover
Building By-Law No. 2379-15
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(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 requirement; 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;
(c) the permit was issued on the basis of incorrect information; or
(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 reporting. Such valuation shall take precedence over any valuation
provided by the owner.
5.5.11 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.
5.5.12 When any building, construction or excavation or part of it is in an unsafe condition,
as a result of being open or unguarded, or because of danger from fire or risk of
accident because of its ruinous or dilapidated state, faulty construction, abandonment
or other state, and when 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;
(b) take such other measures as may considered necessary to protect the public;
(c) issue to the owner an order or notice in writing to correct any unsafe conditions
observed in any building.
5.5.13 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.
5.5.14 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.
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 building, the
demolition or removal of building, or structures, or any other matter herein may, within
Rural Municipality of Hanover
Building By-Law No. 2379-15
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thirty (30) 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 subcommittee
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;
(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;
6.4
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
Any owner or contractor who commences work prior to obtaining the required permits
herein, shall be levied a penalty of double the permit fee but not less than one hundred
dollars ($100.00). Council may alter any penalties by resolution.
7.1.1 The owner or contractor may appeal any penalty levied within thirty (30) days of
written notification as per Section 6 of this by-law.
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 Council under Section 6 herein for which no other
penalty is herein provided / is guilty of any offense and liable, on summary
conviction, to a fine not less than five hundred dollars or double the permit fee,
not exceeding five thousand dollars ($5,000.00), or in the case of an individual, to
imprisonment for a term not exceeding six (6) 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 7.2 of this by-law.
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.
SECTION 8
Repeal
Rural Municipality of Hanover
Building By-Law No. 2379-15
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8.1
This by-law repeals By-Law No. 2221 & 2293-12, as well as any resolutions passed
or schedules amended, dealing with either by-law.
8.2
The repeal of the by-laws in section 8.1 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-law or the application of any of the said by-law 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
The repeal of By-law No. 2221 and 2293-12 shall 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, judgement, 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 Municipality at the time of such repeal;
(f) disturb, invalidate, or prejudicially affect any other
matter or thing whatsoever had, done, completed, existing or pending at the time
of such repeal.
SECTION 9
Amendments
9.1 Any schedules attached to this by-law may be amended by resolution of Council.
SECTION 10
Effective Date
10.1 This By-Law shall come into force and take effect on the date of its enactment.
DONE AND PASSED as a by-law of the R. M. of Hanover in the Province of Manitoba this 4th
day of November A.D. 2015.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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____________________________________
____________________________________
Reeve
Chief Administrative Officer
Read a first time this 28th day of October, 2015.
Read a second time this 4th day of November, 2015.
Read a third time this 4th day of November, 2015.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule A to By-Law 2379-15
List of Plans or Working Drawings
to accompany applications for permits
1)
The Site Plan
2)
Floor Plans
3)
Structural Plans
4)
Mechanical Plans
5)
Architectural Plans
6)
Reflected Ceiling Plans
7)
Sections and Details
8)
Building Elevations
9)
Electrical Drawings
10)
Plumbing Drawings
11)
Survey Certificate
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule B to By-Law 2379-15
LETTER OF CERTIFICATION FOR FINAL OCCUPANCY
ASSURANCE OF PROFESSIONAL FIELD REVIEW AND COMPLIANCE
(This letter must be submitted after completion of the project but prior to final inspection by the Rural Municipality of Hanover.
A separate letter must be submitted by each registered professional.)
_____________________
Building Permit No.
_____________________
Date
_______________________________________________
Disciplines or Part (i.e. Structural or Part 4)
_______________________________________________
Name of Project (Print)
_______________________________________________
Address of Project (Print)
(Each registered professional shall complete the following:)
_______________________________________________
Name (Print)
_______________________________________________
Address (Print)
I hereby give assurance that:
-
I have fulfilled my obligation for field review as required for the project as outlined in the previously
submitted Letter of Assurance.
-
I am a registered professional who is registered in the Province of Manitoba as a member in good
standing with the Engineers Geoscientists Manitoba or the Manitoba Association of Architects;
-
The project is substantially complete and approved for occupancy;
-
I, (or a suitably qualified person reporting to me, has) have completed periodic reviews of the project
at appropriate stages of construction;
-
In my professional opinion the design and construction of this project was carried out in substantial
compliance to the applicable provisions of the Manitoba Building Code, the Manitoba Energy Code for
buildings, and the Manitoba Plumbing Code, and the plans submitted in support of the application for
the building permit. This includes any additional plans, documents, review of plans and design
decisions that have been part of my responsibility and related to Code issues applicable to my
discipline that were not detailed as part of the submitted permit application.
-
The design and construction of any building elements of a Part 9 building that are not compliant to
Part 9 of the Manitoba Building Code (MBC) comply with the requirements of Division B, Part 4 or
other applicable Parts of the MBC.
-
I have informed the Authority Having Jurisdiction in cases where I am aware that the construction has
materially deviated from the submitted plans.
-
I am not aware of any deficiencies or I have reported any deficiencies to the Authority Having
Jurisdiction that would compromise compliance with the aforementioned code(s).
(If the registered professional is a member of a firm, complete the following:)
I am a member of the firm___________________________________________________ and I sign this
letter on their behalf.
Affix Seal, Signature & Date
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule C to By-Law 2379-15
LETTER OF CERTIFICATION FOR INTERIM OCCUPANCY
ASSURANCE OF PROFESSIONAL FIELD REVIEW AND COMPLIANCE
(This letter must be submitted after completion of the project but prior to final inspection by the Rural Municipality of Hanover.
A separate letter must be submitted by each registered professional.)
_____________________
Building Permit No.
_____________________
Date
_______________________________________________
Disciplines or Part (i.e. Structural or Part 4)
_______________________________________________
Name of Project (Print)
_______________________________________________
Address of Project (Print)
(Each registered professional shall complete the following:)
_______________________________________________
Name (Print)
_______________________________________________
Address (Print)
I hereby give assurance that:
-
I have fulfilled my obligation for field review as required for the project as outlined in the previously submitted
Letter of Assurance.
-
I am a registered professional who is registered in the Province of Manitoba as a member in good standing with
the Engineers Geoscientists Manitoba or the Manitoba Association of Architects;
-
I, (or a suitably qualified person reporting to me, has) have completed periodic reviews of the project at
appropriate stages of construction;
-
Other than the exceptions listed below, in my professional opinion the construction of this project was carried out
in substantial compliance to the applicable provisions of the Manitoba Building Code, the Manitoba Energy Code
for Buildings, and the Manitoba Plumbing Code, and the plans submitted in support of the application for the
building permit. This includes any additional plans, documents, review of plans and design decisions that have
been part of my responsibility and related to Code issues applicable to my discipline that were not detailed as
part of the submitted permit application.
-
The design and construction of any building elements of a Part 9 building that are not compliant to Part 9 of the
Manitoba Building Code (MBC) comply with the requirements of Division B, Part 4 or other applicable Parts of
the MBC.
-
I have informed the Authority Having Jurisdiction in cases where I am aware that the construction has materially
deviated from the submitted plans.
-
I am not aware of any deficiencies or I have reported any deficiencies to the Authority Having Jurisdiction that
would compromise compliance with the aforementioned code(s).
Affix Seal, Signature & Date
In my professional opinion, these point of non-compliance with the Manitoba Building Code, the Manitoba Energy Code for Buildings, and the
Manitoba Plumbing Code are not material and do not pose a health or safety hazard to occupants of the building. In my professional opinion, the above-
noted building may be occupied until ________________ and on the following conditions (list on separate page) with compromising the health or safety of
occupants.
(Date)
List of Exceptions and Points of No Compliance: (May be listed on separate page if not enough space)
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
(If the registered professional is a member of a firm, complete the following:)
I am a member of the firm___________________________________________________ and I sign this letter on their
behalf.
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule D to By-Law 2379-15
LETTER OF ASSURANCE
OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION
Date:
___________________________
Permit No.
___________________________
Description of Project:
________________________________________________________________________
The undersigned hereby gives assurance that, to the best of his/her knowledge, the design of the:
(Please Initial)
______________________________
MBC Parts 3 & 5 and MECB Part 3 (Architectural)
(Please Initial)
______________________________
MBC Part 4 (Structural, including Part 9 buildings with Part 4 components)
(Please Initial)
______________________________
MBC Part 6 and MECB Part 5 (HVAC)
(Please Initial)
______________________________
MBC Part 7 and MECB Part 6 (Plumbing)
(Please Initial)
______________________________
MECB Parts 4 & 7 (Electrical)
(Please Initial)
______________________________
Exhaust and Suppression Systems
(Please Initial)
______________________________
Fire Detection and Alarm System
(Please Initial)
______________________________
Fire Suppression Systems
Comments:__________________________________________________________________________
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 inspection of the above-referenced components during
construction, as required by Manitoba Building Code Amendment, Article 2.2.7.2 (1) - Review of
Construction.
The undersigned also assured competence in the necessary fields of expertise to undertake the project
on the basis of training, ability and expertise in the appropriate professional and technical disciplines.
As used herein, inspection shall mean such reviews of the work at the project site and at fabrication
locations, where applicable, as the registered professional, on the basis of professional discretion,
considers necessary in order to ascertain that the work conforms in all respects to the plans and
supporting documents prepared by this registered professional for which the Building Permit is issued.
This includes keeping records of all site visits and any corrective action taken as a result thereof. Copies
of the inspection reports will be provided to the authority having jurisdiction upon request.
(Each registered professional shall completed the following:)
___________________________________________
Name
___________________________________________
Address
___________________________________________
Telephone
(If the registered professional is a member of a firm, complete the following:)
I am a member of the firm __________________________________________________ and I sign this
letter on behalf of the firm.
Note: The foregoing letter must be signed by a registered professional who is registered in the
Province of Manitoba as a member in good standing in the Engineers and Geoscientists Manitoba
or the Manitoba Association of Architects.
Affix Seal, Signature &
Date
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule E
Manitoba Energy Code for Buildings 2013
LETTER OF ASSURANCE
Declaration of Professional Responsibility of the Coordinating Registered Professional (CRP) and Owner's Statement
(This letter is required to be submitted before the issuance of a building permit)
__________________________
Building
Permit No.
__________________________
Date
______________________________________________
Name of Project (Print)
______________________________________________
Address of Project (Print)
Professional Declaration:
Via this submission, I am making the following declaration associated with this project for a (an):
New Building
Base Building Only (New Building or Addition)
Addition
Tenant Improvements
This declaration of professional responsibility is applicable and limited to the scope of work defined in the drawings I
specifications associated with the permit application(s) for the project referenced above, and only as it pertains to the
Manitoba Energy Code for Buildings 2013 (MECB).
-
I am an engineer or architect entitled to practice as such in the Province of Manitoba' and I am aware of the provisions of the
MECB regarding the methods of compliance with the MECB.
-
As the Coordinating Registered Professional (CRP), I am committing to:
a) ascertain which disciplines relating to the MECB are required on the project, and which registered professionals need to be
retained,
b) coordinate design work and field reviews as it relates to the MECB, and
c) provide to the RM of Hanover a Letter of Certification under seal at the completion of construction and prior to final
occupancy for this project. In providing this Letter of Certification, I am not responsible for ensuring the compliance of design
or construction with respect to the MECB for those aspects which are the responsibility of other registered professionals
under seal, and as such I am entitled to reasonably rely on:
-
Letters of Assurance and Certification required by the RM of Hanover of registered professionals of record, and/or
-
Other statements provided to me which I may choose to require under seal by architects and/or engineers pertaining to
the design and construction of this project. My forthcoming Letter of Certification may be based in whole or in part on this
reliance.
-
I am aware that the RM of Hanover will rely upon this declaration and the Letter of Certification signed and sealed by me, as
well as other Letters of Assurance and Letters of Certification submitted by other registered professionals and will not conduct
any planned examination or review or inspect any construction, except by way of possible audit, as they relate to the current
edition of the MECB.
-
I further understand that the RM of Hanover recommends that I periodically review my professional liability exposures,
including those posed by potential third party claims, and that I carry an appropriate level of insurance, and/or that I ensure that
I am protected by appropriate levels of insurance held by professionals on whose certificates and statements I am relying. I
understand that this review should include this specific project, including the building's occupancy type, classification, value,
size and complexity, the extent of my professional involvement with it, and the RM of Hanover's reliance on my certificate.
-
By affixing my seal, I am representing that I am fully aware of the provisions of the MECB, and will be applying a professional
standard of care to ensure coordination and compliance of this project with the applicable provisions of the MECB.
Coordinating Registered Professional:
____________________________________________________
Name (Print)
____________________________________________________
Address (Print)
____________________________________________________
Phone #
If the registered professional is a member of a firm, complete the following:
I am a member of the firm _________________________________________________________________________ and I
sign this letter on behalf of the firm.
(Print Name of Firm)
Registered professionals must be in good standing with the Engineers Geoscientists Manitoba or the Manitoba
Association of Architects.
Affix seal, signature and date
Rural Municipality of Hanover
Building By-Law No. 2379-15
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Schedule F
LETTER OF AUTHORIZATION
Authorization Statement (if applicable):
I (we) hereby give authorization to ______________________________________________ to apply for a building permit for the
stated address.
(Print Applicant's Name)
Address:__________________________________________________________________
Owner Statement:
-
I have reviewed the Letters of Assurance required by the RM of Hanover and submitted as part of the application for a permit
for this project.
-
I agree to ensure that the construction that is authorized in response to this application is in compliance with:
- the permit(s) issued in response to this application;
- the sealed plans submitted as part of the application; and,
- any applicable Acts, Regulations and By-laws.
-
Subject to any Appeal to which I am entitled, I hereby agree to immediately bring into compliance any construction pursuant to
this application that is found not to be not in compliance.
-
I understand that the RM of Hanover does not accept responsibility for any errors and omissions in the sealed plans. I further
understand that it is my responsibility, as registered owner(s)/agent of the project, to review liability exposures, including those
posed by potential third party claims, and ensure that any and all parties involved in the design and construction of the project
carry a level of insurance that is appropriate and/or acceptable to me, based on the occupancy type and classification, value,
size and complexity of the building and the risks to me associated with the RM of Hanover's reliance on the letters of
assurance as outlined above.
-
I understand that I must notify the RM of Hanover in writing of any change in registered professional who signed and sealed
the plans, drawing and other documents submitted as part of the application for the permit.
-
In the event that the CRP must be replaced,
-
I will notify the RM of Hanover within ten business days, and
-
I understand that the RM of Hanover will not issue final occupancy or building permits associated with tenant spaces until a
new CRP is engaged and submits the requisite Letters of Assurance and Certification to the RM of Hanover.
Registered Owner(s) on the Status of Title or Certificate of Title:
_______________________________________________
______________________________
_________________________
Name (Print)
Signature
Date
_______________________________________________
______________________________
_________________________
Name (Print)
Signature
Date
_________________________________________________________________________________________________________
________
Address
If the owner is a corporation the signature of a signing officer must be given here. If the signature is that of the agent, a copy of the
document that appoints the agent must be attached.
Owner's Delegate Contact Information (required): Note: The general practice is for RM of Hanover staff to directly contact the
relevant professional (if different from the applicant) for questions or requests associated with his/her involvement with a building
permit application. Usually the applicant is notified as well if relevant, or if an issue is not resolved quickly. However, there may be
occasion when the RM of Hanover staff may wish to notify the owner about outstanding issues associated with permits. Since each
property ownership and project situation could be different, we ask that the owner identify who they wish to assign as their delegate
in those situations. For example, this could be the owner (him/herself), an owner representative or agent, a tenant, the applicant, or
simply any individual assigned by the owner to be the main point of contact for the RM of Hanover regarding matters relating to this
permit application.
Owner or Delegate Contact Information (required):
Name:
________________________________________________________
Position/Title:
________________________________________________________
Company Name:
________________________________________________________
Company Address:
________________________________________________________
Phone No. (Main):
________________________________________________________
Phone No. (Alternative): ________________________________________________________
Email Address:
________________________________________________________
Notice for Permits Relating to Base Buildings Only:
For buildings or additions constructed initially as base building only, MECB requirements apply to all of the interior alterations or
Rural Municipality of Hanover
Building By-Law No. 2379-15
26
tenant improvements as determined by final occupancy permits for the entire building or addition. As such, the RM of Hanover
requires a final Letter of Certification from the CRP for the entire building to ensure that each tenant space complies with the MECB
and that the building 'as a whole' complies with the MECB. It is the owner's responsibility to ensure that each tenant and their
designers will be made aware of the MECB requirements pertaining to their respective interior alterations, and the tenant's
responsibility to the CRP.
Rural Municipality of Hanover
Building By-Law No. 2379-15
27
Schedule G
MANITOBA ENERGY CODE FOR BUILDINGS 2013
LETTER OF CERTIFICATION
ASSURANCE OF COORDINATION OF PROFESSIONAL FIELD REVIEWS
(This letter must be submitted after completion of the project but before the occupancy permit is issued or a final inspection is made by the RM of Hanover)
__________________________
Building Permit No.
__________________________
Date
________________________________________________
Name of Project
________________________________________________
Address of Project
________________________________________________
Legal Description of Project
(The MECB Coordinating Registered Professional shall complete the following):
________________________________________________
Name
________________________________________________
Address
I hereby give assurance that:
- As the MECB Coordinating Registered Professional, I have applied a
professional level of care in coordinating the design work and field reviews of the
registered professionals required for this project as it relates to the MECB.
- Based on the designs, reviews of construction, and required certificates
submitted under seal by all registered professionals on the project, and if
applicable, my own further reviews and/or any further statements issued to me
under seal of professionals, I hereby represent that:
- In my professional opinion the design and construction of this project was
carried out in substantial compliance with the applicable provisions of the
MECB.
- I am not aware of any substandard workmanship, materials or assemblies
that would compromise compliance with the MECB.
- I commit to retaining all MECB records for a minimum period of seven years
and will make them available to the RM of Hanover in the event of an audit,
together with relevant information and/or supporting statements from other
professionals.
(If the registered professional is a member of a firm, complete the following):
I am a member of the firm_________________________________________________
and I sign this letter on behalf of the firm. (Print Name of Firm)
Affix Seal, Signature and Date