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RURAL MUNICIPALITY OF RITCHOT
BY-LAW NO. 14-2024
Being a by-law for the regulation of construction in the Rural Municipality of Ritchot.
WHEREAS The Building and Mobiles Homes Act has adopted the Manitoba
Building Code as the minimum construction standard for the Province of Manitoba;
AND WHEREAS Section 4 of The Building and Mobile Homes Act, C.C.S.M. c.B93 states the
following:
Municipal responsibility
4 Notwithstanding anything to the contrary in any other Act of the Legislature,
each municipality unless excluded under clause 2(2)(c) shall adopt and enforce any
building construction code or building construction standard adopted, established
or prescribed under section 3 for the province or the municipality or the part of
the province in which the municipality is situated, and may make such by-laws as
are necessary for those purposes.
AND WHEREAS subsection 239(1) of the Municipal Act, CCSM c.m.225 provides as
follows:
Municipal inspections and enforcement
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.
NOW THEREFORE the Council of the Rural Municipality of Ritchot, duly assembled, enacts
as follows:
SECTION I
Title
This by-law shall be cited as the Rural Municipality of Ritchot 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 Ritchot.
2.1.2 This by-law applies to administration and enforcement in the design,
construction, erection, placement and occupancy of new buildings, and the
alteration. reconstruction, demolition, removal, relocation, occupancy and
change in occupancy of existing buildings and any requirements that are
necessary to correct unsafe conditions in existing buildings.
2.1.3 The requirements of the Code are hereby adopted and shall apply to all work
falling within the scope and jurisdiction of this by-law.
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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.
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:
"Alteration" means a change or modification to an existing building, structure, or
use which unless otherwise provided for herein, does not increase the exterior
dimensions with respect to height and area.
"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" herein called "The Authority" means the Rural
Municipality of Ritchot and, where the context requires, such building inspector or
other authority lawfully appointed by the Rural Municipality of Ritchot to administer
and enforce the provisions of this by-law.
"Builder" means a person who contracts with an owner or their agent to undertake
a project.
"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 of the Buildings and Mobile Homes Act.
"Council" means the council of the Municipality of Ritchot.
"Designer" means the person responsible for the design.
"Engineer" means a licensed Professional Engineer operating in the Province of
Manitoba.
"Farm Building" means any building or structure existing or erected on land used
primarily for agricultural activities, but does not include dwellings or mobile homes.
"Inspection" means an official examination or review of construction to confirm
compliance with standards and or the Code.
"Occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property.
"Occupancy Permit" means a permit issued after the final inspection.
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"Owner" means any person, corporation or firm controlling the property under
consideration.
"Permit" means written permission or written authorization from The Authority 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.
"RTM" means ready to move houses or buildings constructed in one location and
moved to a different location.
"Structure" means anything constructed or erected with a fixed location on or
below the ground, or attached to something having a fixed location on the ground.
"Unsafe Condition" means any condition that could cause undue hazard to the life
or health of any person authorized or expected to be on or about the premises.
"Zoning By-Law" means the current Zoning By-Law of The Authority, and as revised
from time to time.
"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:
This by-law applies to the design, construction, erection, placement of new
buildings and structures, and the alteration, reconstruction, demolition, removal,
relocation, occupancy, change of use 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, 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.
3.2.2 The number of stories of an existing building or structure shall not be
increased unless the entire building or structure conforms to 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.
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, flood, earthquake or other cause, the
Code, the requirements of this by-law and the appropriate regulations under
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the Fire Prevention 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 Act, and the Manitoba Fire Code shall apply to the work necessary
to correct the unsafe condition.
3.2.7 When the occupancy of a building or any part of it is changed, the
requirements of this by-law apply to all parts of the building effected by the
change.
3.3
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 hydroelectric dams and structures.
(d)
mechanical or other equipment and appliances not regulated in this
by-law;
(e)
accessory buildings not greater than 11 square meters (120sq.ft) in
building area subject to the concurrence of The Authority; or
(f)
a farm building under 600 square meters, other than a farm building
used as a residence, an attached garage or carport.
3.4
Prohibitions:
3.4.1. Any person who fails to comply with any order or notice issued by any
Authority Having Jurisdiction, or who allows a violation of the requirements
of this by-law or 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 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 a building permit application has been completed, and
until an occupancy permit has been issued by The Authority.
3.4.5 No person shall knowingly submit false or misleading information to The
Authority, concerning any matter relating to this by-law.
3.4.6 No person shall excavate or undertake work on, over or under public
property, or erect or place any construction or work or store any materials
thereon without receiving prior approval in writing from the appropriate
government authority.
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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.
3.5
Mobile Homes and RTM's
3.5.1 Mobile homes and RTM's shall comply with the requirements of the Code,
and the Building and Mobile Homes Act.
3.5.2 The Authority may 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:
(a)
the submission of a complete set of plans and specifications;
(b)
the seal of an Engineer in respect to all building components requiring
professional certification;
(c)
submission of copies of any or all permits taken out for the mobile
home or RTM in the location of its construction together with a copy
of any or all inspection reports; and/or
(d)
such inspections or certifications as The Authority may deem necessary
in order to ensure compliance with the Code and this by-law.
3.6 Minimum Building Requirements
3.6.1 Concrete slab foundations for wood frame detached accessory buildings with
an area of less than 50 square meters (538sq.ft.) shall be placed on a
minimum of 150mm (6in.) compacted aggregate base, shall not be less than
125mm (5in.) thick and complete with a 10M reinforcing steel grid placed
450mm o.c. (18in.). Concrete slabs for buildings with an area of 50 square
meters (538sq.ft.) to 70 square meters (753sq.ft.) shall be placed on a
minimum of 150mm (6in.) compacted aggregate base, shall be a minimum of
150mm (6in.) thick with a 10M reinforcing steel grid placed 400mm o.c.
(16in.) and shall include a thickened edge of a minimum 300mm (12in.) by
300mm (12in.) reinforced with 2x15M horizontal bars top and bottom
continuous around the perimeter. Concrete shall have a minimum strength
of 20 Mpa (3000 psi) after 28 days and shall have air entrainment of 5 to 8
percent. For a building area greater than 70 square meters (753sq.ft.), the
foundation shall be designed by an Engineer.
3.6.2 Building design and structures not included in the Code shall be reviewed and
approved by an Engineer. These include, but are not limited to:
- steel frame buildings
- pole/post frame buildings
- canvas shelters
- ground and roof mount solar panel systems
- below ground swimming pools
3.6.3 Farm buildings not requiring a building permit are subject to a Development
Permit as per the Zoning By-Law, and applicable fees as per the current Fees
and Charges By-Law.
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SECTION 4
Permits
4.1
Application:
4.1.1 Except as otherwise allowed by The Authority, every application for a permit
shall be in the form prescribed by The Authority 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 subject to the
required fee as established from time to time by the current Fees and
Charges By-law of The Authority;
(d)
include those plans and specifications set out in Schedule A hereto
(unless otherwise waived by The Authority), and show the occupancy
of all parts of the building;
(e)
state the names, addresses and telephone numbers of the owners,
architect, Engineer, or other designer, builder, person and any
inspection or testing agency engaged to monitor the work or part of
the work; and
(f)
include such additional information as may be required by The
Authority.
4.1.2 When an application for a permit has not been completed in conformance
with the requirements of The Authority within six months after the date of
filing, the application shall (unless otherwise extended by The Authority) be
deemed to have been abandoned, and can only be reinstated by re-filing.
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.
4.1.4 A permit that has expired under 4.1.3 shall not be subject to the refund of
permit fees.
4.1.5 Any revision to the original application described in article 4.1.1 shall be made
in the same manner as for the original permit, or as may be required by The
Authority.
4.1.6 Applications for permits may be filed, and permits may be issued to an owner,
or to a builder or other properly authorized agent of the owner in a format
acceptable to The Authority.
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, no person shall commence or cause
to be commenced:
(a)
the location, placement, erection or construction of any building,
structure or portion thereof;
(b)
the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(c)
the repair, rehabilitation, or renovation of any building or structure, or
portion thereof;
(d)
underpinning of foundations;
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(e)
the relocation or removal of any building or structure, or portion
thereof;
(f)
the excavation of any land for any purpose of erecting or locating on
or above it, any building or structure;
(g)
the installation, construction, 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;
(i)
the alteration, addition, erection or re-erection of signs as specified in
the Zoning By-Law;
(j) the installation of an above ground, or below ground swimming pool
capable of containing 600mm(2ft.) or more depth of water;
(k) the installation of roof mount or ground anchored solar panel systems.
(l) installation of a wood burning appliance; or
(m) the change of use or change of occupancy of any building, or part
thereof.
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 landings and stairs if the opening is not altered;
(e)
construction of fences;
(f)
installation of cabinets and shelves;
(g)
a detached accessory storage building not greater than 11 square
meters (120sq.ft.) in building area subject to the concurrence of The
Authority; or
(h)
non-structural alterations or repairs where the value of such work is
less than five thousand dollars ($5,000.00).
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
5.1.22(1), the owner shall, unless The Authority waives such requirement,
submit applicable Letters of Assurance in the forms prescribed by The
Authority, which:
(a)
confirm that the owner has retained the necessary architects or
Engineers for all the applicable disciplines, for professional design and
inspection; and,
(b)
incorporate the architects' or Engineer's assurance of professional
design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit for a commercial building, any
property that is being newly developed for a new building or any existing
developed property that is being expanded, added to, or reconfigured for a
building expansion, will be required, as part of the building permit
requirements, to submit an engineering lot grading plan indicating geodetic
building elevations, lot elevations, typical drainage patterns, parking lot
elevations, and approach elevations to show that artificially collected and/or
surface drainage will not adversely affect adjacent properties.
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4.2.1.6 Where an application is made for the relocation of a building from a site
outside the Municipality:
(a)
the application shall include a structural assessment report from an
Engineer;
(b) may be subject to a site inspection by The Authority prior to its
relocation;
(c)
may be subject to conditions set by The Authority; and
(d)
shall be subject to Council approval.
4.2.2. Plumbing Permits:
4.2.2.1 Except as provided in sentence 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, 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. Service connections to the Municipal water and/or sewer system must be
done by a qualified contractor, and the work must be inspected by the
Authority.
4.2.3. Occupancy Permits:
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 for:
(a)
the occupancy of any new building or structure or portion thereof
except a single- family dwelling, a two-family dwelling or a multi-family
dwelling without shared exit facilities;
(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)
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)
a change from one use to another within the same division in a Major
Occupancy group;
(e)
a change or addition of an occupancy classification of a suite in a
building; and
(f)
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, unless The
Authority waives such requirement, submit the applicable Letters of
Certification in the form prescribed by The Authority, 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.
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4.2.3.3 The Authority may approve clearance for the issuance of an interim
occupancy permit, being a permit allowing the partial occupancy of a
building or structure, provided that such occupancy will not jeopardize life
or property.
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 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 nine (9)
months, but before the expiration of such period, the temporary occupancy
permit may be renewed by The Authority for one successive nine-month
period.
4.2.3.7 Notwithstanding apparent compliance with this by-law, The Authority may
refuse to issue an occupancy permit if the building, structure or proposed
use is to The Authority's knowledge in violation of the Zoning By-Law, the
Code or any other by-law of The Authority.
4.2.3.8 An applicant for an occupancy permit shall supply all information requested
by The Authority to show compliance with the by-law, the Code, and any
other relevant by-laws of The Authority.
4.2.3.9 The required occupancy permit shall be displayed and maintained in a legible
condition by the owner or his agent in a location acceptable to The Authority.
4.2.4 Occupant Load
4.2.4.1 Notwithstanding anything elsewhere contained in the Code, for each
assembly room in a building or structure classified as a Group A Occupancy:
(a)
any change under the original permit under Group A Occupancy
requires permission in writing granted by The Authority;
(b)
the Owner of the building or structure shall be responsible for
keeping the actual occupant load within the allowable limits; and
(c)
the Owner of the building or structure shall display the Occupancy
load place card in a location approval by The Authority.
4.2.5. 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.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements
of the Code and The Authority.
4.2.6 General:
4.2.5.1 No permit shall be assigned or transferred without the approval of The
Authority.
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SECTION 5
Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow The Authority to enter any building or premises at
any reasonable time for the purpose of administering and enforcing the
requirements of this by-law.
5.1.2 Every owner shall obtain all permits or approvals required in connection with
proposed work, prior to commencing the work to which they relate.
5.1.3 Permits for the construction, relocation, additions, or alterations to buildings
or structures, will be subject to a deposit fee as set out in the Fees and
Charges By-Law to ensure that to the satisfaction of The Authority:
(a)
proper lot grades have been established;
(b)
access is installed to Municipal specifications;
(c)
curb stops are in good working order; and,
(d)
all necessary inspections are completed and passed.
5.1.4 The aforementioned deposit shall be refunded in full to the payer of the
deposit upon satisfactory completion and inspection of:
(a)
final lot grading and landscaping within designated urban areas;
(b)
Municipal infrastructures such as curbs, streets, sidewalks, curb stops
etc;
(c)
the building complies with the Code, elevations, and permit conditions;
and,
(d)
all necessary inspections are completed and passed.
5.1.5 The deposit shall be forfeited when:
(a) any inspections deemed required during the construction have been
neglected, or left incomplete by the owner or builder;
(b) when a final inspection has failed by the Authority, and the owner or
builder neglect deficiencies to be corrected;
(c) construction is not completed within 36 months from the issuance of
the permit, including final grading and landscaping; and/or
(d)
a building is occupied prior to inspection and occupancy approval.
5.1.6
It is the responsibility of the owner and/or builder to ensure all required
inspections are scheduled with The Authority and completed at the
appropriate intervals as identified by The Authority.
5.1.7 The Authority may deduct amounts from the deposit for any re-inspections
at the rate specified in the fees by-law.
5.1.8 The reduction or forfeiture of a deposit may be appealed in writing within
thirty days from the time of notification, to Council or designated sub-
committee as per Section 6 of this by-law.
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 site of the work for
audit or inspection during working hours by The Authority, and that the
permit, or true copy thereof, is posted conspicuously on the site during
the entire execution of the work, and
(b)
keep visible at all times during construction the street number of the
premises in figures at least 6 inches (150mm) high and visible from the
street or sidewalk.
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5.1.10 Every owner shall give notice, if requested, to The Authority of dates on
which he intends to begin work prior to commencing work on the building
site.
5.1.11 Every owner shall give notice, if requested, to The Authority prior to
commencing the work listing:
(a)
the name, address and telephone number of:
(i)
the builder 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 notice in writing to The Authority:
(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.
5.1.13 Every owner shall give such other notice to The Authority as may be required
by the provisions of the Code or this by-law.
5.1.14 Every owner shall make, or have made at his own expense, the tests or
inspections necessary to prove compliance with these requirements and
shall promptly provide a copy of all such test or inspection reports to The
Authority when and as required by The Authority.
5.1.15 Every owner shall provide an up-to-date survey of the building site when and
as required by The Authority.
5.1.16 When required by The Authority, every owner shall uncover and re-cover at
his own expense any work that has been covered contrary to an order issued
by The Authority.
5.1.17 Every owner is responsible for the cost of repair of any damage to Municipal
property or works located thereon that may occur as a result of undertaking
work for which a building permit was or was not required. Such costs shall
be deducted from the permit deposit with any additional costs over and
above the deposit amount to be collected by way of taxes against the
property.
5.1.18 Except in one and two family dwellings and their accessory buildings, every
owner shall, where required, obtain an occupancy permit from The Authority
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.
5.1.19 Every owner shall require an occupancy inspection to be done of a single or
multi family dwelling by The Authority prior to the occupancy of such
building or structure and shall not occupy such building or structure prior to
the completion of any necessary work required by The Authority, and an
occupancy approval document has been provided to the owner and/or
builder by The Authority.
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5.1.20 The granting of a permit by The Authority 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.
5.1.21 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.
5.1.22 (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 an Engineer
design in accordance with the Code; or
(c) requires the use of fire-walls according to the Code;
shall ensure that an architect, Engineer or both are retained to undertake
professional design and inspection in accordance with the Code.
(2) Professional design and inspection referred to in sentence 5.1.22(1)
requires that an architect, 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 Engineer pursuant to Sentences
5.1.22(1) and (2) is terminated during the construction period, work shall be
discontinued until a replacement has been appointed and approved by the
Authority Having Jurisdiction.
(4) The requirements of Sentences 5.1.22(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.
5.1.23 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
Engineer.
5.1.24 Every owner who undertakes to construct, alter, reconstruct, demolish,
remove or relocate a building shall provide supervision and coordination of
all work and trades.
5.1.25 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.
5.1.26 It shall be the owner's and/or builder's responsibility for waste
management of construction debris and its removal from the site.
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5.2
Duties and Responsibilities of the Builder:
5.2.1 Every builder shall ensure that all construction safety requirements of the
Code and the Manitoba Workplace Safety and Health Regulations are
complied with.
5.2.2 Every builder 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.
5.2.3 Every builder shall be responsible for all costs including legal costs incurred
by The Authority seeking to enforce any requirements of the applicable acts,
regulations and by-laws for the work undertaken and such costs shall be
added to the property taxes of the owner to be due and payable in the same
manner as ordinary taxes on the property.
5.2.4 Every builder is responsible jointly and severally with the owner for work
undertaken.
5.3
Duties & Responsibilities of Authority Having Jurisdiction:
5.3.1 The Authority 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 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 seeks to enforce any of the powers set out in Article
5.5.2 herein, The Authority shall issue in writing such notices or orders as
may be necessary to inform the owner of the contravention of the Code or
this by-law.
5.3.4 The Authority 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 an Engineer or architect are 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:
(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.
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.
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5.4.5 If the responsible architect and/or Engineer withdraws from the project,
he/she shall immediately advise The Authority.
5.4.6 Prior to the issuance of an occupancy permit, the responsible architect
and/or Engineer shall, where required by The Authority, submit a Letter of
Certification in the forms prescribed by The Authority.
5.4.7 The responsible architect and/or Engineer shall sign, date and seal all of the
documents referred to in this article.
5.5
Powers of The Authority:
5.5.1 The Authority may enter any building or premises at any reasonable time to
audit for compliance with the Code or the requirements of this by-law, or to
determine if an unsafe condition exists.
5.5.2 The Authority is empowered to issue orders for:
(a)
an owner or authorized agent to hold at specific stages of construction
in order to facilitate an audit or inspection;
(b)
a person who contravenes these requirements to comply with them
within the time period that may be specified;
(c)
work to stop on the building or any part of it if such work is proceeding
in contravention of these requirements, or if there is deemed to be an
unsafe condition;
(d)
the removal of any unauthorized encroachment on public property;
(e)
the removal of any building or part of it constructed in contravention
of these requirements;
(f)
the cessation of any occupancy in contravention of these
requirements;
(g)
the cessation of any occupancy if any unsafe condition exists because
of work being undertaken or not completed, and
(h)
correction of any unsafe condition.
5.5.3 The Authority 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, may require an owner to submit, in addition to the
information required in Article 4.1.1, a staking certificate and site plan,
prepared by a registered land surveyor, architect or 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;
(b)
to verify that, upon completion of the work, all such requirements have
been complied with.
5.5.5 The Authority 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 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 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 Engineer, and
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(b)
the work be inspected during construction by the architect or Engineer
responsible for the work.
5.5.7 The Authority may issue a partial building permit with conditions, at the risk
of the owner, with the 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.
5.5.8 The Authority may refuse to issue any permit:
(a)
whenever information submitted is inadequate to determine
compliance with the provisions of these requirements,
(b)
whenever incorrect information is found to have been submitted,
(c)
that would authorize any building work or occupancy that would not
be permitted by these requirements, or
(d)
that would be prohibited by any other Act, regulation or by-law.
5.5.9 The Authority 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 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 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, and when due notice to correct such
condition has not been complied with, The Authority 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 be considered necessary to
protect the public.
5.5.13 Notwithstanding any other provisions herein, when in the opinion of The
Authority, immediate measures need to be taken to avoid an imminent
danger, The Authority may take such action as is appropriate, without notice
and at the expense of the owner.
5.5.14 The Authority 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.
5.5.15 The Authority may issue to the owner an order or notice in writing to correct
any unsafe conditions observed in any building.
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SECTION 6
Appeal
6.1
Any person aggrieved by any decision or order of The Authority as to the
issuance of permits, the prevention of construction or occupancy of
buildings, the demolition or removal of buildings, or structures, or any other
matter herein may, within 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;
(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
Valuation
7.1
The Authority Having Jurisdiction may place a valuation on the cost of the
work for the purpose of determining what permit fees are applicable.
7.2
The valuation to be shown of an application for a building permit shall mean
the total monetary worth of all construction work, including all painting, papering, roofing,
electrical and mechanical work, plumbing, permanent or fixed heating equipment, elevator
equipment, fire sprinkler equipment, and any permanent 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 of the building permit because of any
other permits required by any governing By-law, regulation or agency.
7.3
Notwithstanding the provisions of Sentence 7.2 above, the valuation for a
building permit in the case of a removal or relocation, shall include the cost to move the
building, excavation at the new site, cleaning and leaving the former site in the condition
specified in this by-law or in the Code, and alterations or repairs to the building.
7.4
In the case of the erection, alteration or enlargement of any sign or
encroachment, the valuation shall reflect the cost of any contract for the prosecution of the
work with all contractors which shall include all labour costs, materials, and devices
necessary to complete the work.
7.5
The determination of value or valuation shall be made by the Authority
Having Jurisdiction and shall be the reproduction cost without depreciation and without
regard to any loss occasioned from fire, used material, or other causes.
7.6
Every owner, architect, engineer, contractor or builder, having contracted for
or having performed or supervised any work of construction, alteration or repairs on any
land, or the agent of such person, shall give in writing over his signature when requested
by the Authority Having Jurisdiction all the information in his power with respect to the cost
of the work.
7.7
The Authority Having Jurisdiction may issue an occupancy permit, subject to
the compliance with provisions to safeguard persons in or about the premises, to allow the
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occupancy of the building or a part thereof for the approved use, prior to commencement
or completion of the construction or demolition work.
SECTION 8
Offenses and Penalties
8.1
Any person who contravenes or disobeys, or refuses or neglects to obey
(a)
any provision of the Code or this by-law or any provision of any other
by-law that, by this by-law, is made applicable; or
(b)
any order or decision of the Council under Article 6 herein;
for which no other penalty is herein provided is guilty of any offence and
liable, on summary conviction, to a fine not exceeding five thousand dollars
($5,000.00), or in the case of an individual, to imprisonment for a term not
exceeding six months or to both such fine and such an imprisonment
8.2
Where a corporation commits an offence against the Code or this by-law,
each Director or Officer of the corporation who authorized, consented to,
connived at, or permitted or acquiesced in, the doing of the act that
constitutes the offence, is likewise guilty of the offence and liable, on
summary
conviction,
to
a
fine
not
exceeding
ten
thousand
dollars($10,000.00).
8.3
Where the contravention, refusal, neglect, omission, or failure, continues for
more than one day, the person is guilty of a separate offence for each and
every day that it continues.
SECTION 9
Repeal
9.1
By-law No. 15-2020 is hereby repealed.
9.2
The repeal of the by-law in the last preceding section mentioned shall not
revive any by-law or any provision of any by-law repealed by them, nor shall
the said repeal prevent the effect of any saving clause in the said by-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.
9.3
And the repeal of the said by-law should not affect:
(a)
any penalty, forfeiture or liability incurred before the time of such
repeal, or any proceedings for enforcing the same, had, done,
completed or pending at the time of such repeal;
(b)
any action, suit, judgment, decree, certificate, execution, process,
order, rule or any proceeding, matter or thing whatever, respecting the
same had, done, made, entered, granted, completed, pending, existing
or in force at the time of such repeal;
(c)
any act, deed, right, title, interest, grant, assurance, registry, rule,
regulation, contract, lien, charge, matter or thing had, done, made,
acquired, established or existing at the time of such repeal;
(d)
any office, appointment, commission, salary, allowance, security, duty
or any matter or thing appertaining thereto at the time of such repeal
(e)
any bond, note, debenture, debt, or other obligation made, executed,
or entered into by the Corporation at the time of such repeal;
(f)
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.
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DONE and PASSED as a by-law of the Municipality of Ritchot in the Province of Manitoba
this 18th day of December, 2024.
___________________________________
Chris Ewen - Mayor
___________________________________
Mitch Duval - Chief Administrative Officer
Read a first time this 3rd day of December, 2024
Read a second time this 18th day of December, 2024
Read a third time and passed this 18th day of December, 2024
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SCHEDULE "A"
By-Law No. 14-2024
List of Plans or Working Drawings
to accompany applications for permits
1) Surveyed Site Plan and Staking Certificate
2)
Floor Plans
3)
Foundation Plans
4)
Framing Plans
5)
Roof Plans
6)
Reflected Ceiling Plans
7)
Sections and Details
8)
Building Elevations
9)
Heating, Ventilation and Air Conditioning Drawings
10)
Plumbing Drawings
11)
Lot Grading Plans
12) Other documentation required by the Authority