R.M. of St. Clements Building By-Law #2022
Rural Municipality of St. Clements, Manitoba
· No. 2022
· adopted 1977-10-31
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot c61c907a46e7 · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
R. M. of St. Clements
Building By-Law #2022
THE COUNCIL OF THE RURAL MUNICIPALITY OF ST.
CLEMENTS, in Council assembled, enacts as follows:
SECTION 1
TITLE
SUBSECTION 1.1
This by-law may be cited as "The Rural Municipality
of St. Clements Building By-law."
SECTION 2
SCOPE
SUBSECTION 2.1
This by-law applies to new and existing construction
s including the construction, erection, placement, alteration, repair, renovation,
demolitions, relocation, removal, occupancy, change in occupancy of any building, erection
or structure or addition to a building, erection or structure.
SUBSECTION 2.2
This by-law adopts the building construction codes
and building construction standards adopted, established or prescribed under Section 3 of
The Buildings and Mobile Homes Act. (Chapter B93 of the Continuing Consolidation of
the Statutes of Manitoba).
SUBSECTION 2.3
This by-law establishes administrative requirements
and procedures for the enforcement of the Code.
SUBSECTION 2.4
The Code does not apply to;
(a) farm buildings other than those used as residences, attached garages and carports,
(b) public works located on a street or on a public transit right-of-way,
(c) public utility towers and poles, television and radio or other communication aerials
and towers, except for loads resulting from those located on or attached to buildings,
(d) flood control and hydro electric dams and structures or mechanical or other
equipment and appliances not specifically regulated in the Code, or
(e) an accessory building not greater than 108 sq. ft. (10m2) in building area provided it
does not create a hazard.
SECTION 3
DEFINITIONS OF WORDS AND PHRASES
SUBSECTION 3.1
For definition of words used in this By-law that are
not included in this section, reference should be made to a standard dictionary.
SUBSECTION 3.2
The words and terms defined in this section appear
in italics throughout the text of this by-law.
SUBSECTION 3.3
The words and terms used in this by-law have the
following meanings.
Alteration means a change or extension to any matter or thing or to any occupancy
regulated by this by-law.
Appliance means;
(a) a device to convert fuel into energy, and includes all components, controls,
wiring and piping required to be part of the device by the applicable standard
referred to in the code, or
(b) a receptacle or equipment that received or collects water, liquids or sewage and
discharges water, liquids or either directly or indirectly to a plumbing system.
Appropriate authority having jurisdiction means the departments of the provincial
governments and agents thereof that have authority over the subject that is regulated.
Approved means approved by the authority having jurisdiction or the appropriate authority
having jurisdiction except when used with reference to materials or fixtures used in a
plumbing system in which case it means:
(a) that such materials or fixtures have been submitted for examination and
testing to the Canadian Standards Association; that formal certification
has been given to the effect that they conform to the C.S.A standards;
that the materials or fixtures have the required markings, and also are
acceptable to the authority having jurisdiction; or
(b) that such materials or fixtures have been approved by the Minister of
Health of the Province of Manitoba, and are also acceptable to the
authority having jurisdiction; or
(c) that the materials or fixtures are acceptable to the authority having
jurisdiction and such acceptance shall be considered only when
warranted, and in the opinion of the authority having jurisdiction and
shall apply mainly to their materials and fixtures of other than the
regular line of manufactured materials of fixtures built to the customer's
order, or materials or fixtures manufactured or produced singly or in
small quantities.
Assembly occupancy means the occupancy or the use of a building, or part thereof by a
gathering of persons for civic, political, travel, religious, social, educational, recreational or
like purposes, or for the consumption of food or drink.
Authority Having Jurisdiction means the Municipal Council and the designated official, or
any person authorized by him to administer this By-law.
Awning, collapsible means any roof-like structure other than a marquee attached to a
building in an immovable position and projecting more than twelve (12) inches from the
face of the building shall also include sun visors, louvers and other roof-like structures used
to provide shade.
Awning, fixed means any rigid roof-like structure other than a marquee attached to a
building in an immovable position and projecting more than twelve (12) inches from the
face of the building shall also include sun visors louvers and other roof-like structures used
to provide shade.
Building means any structure used or intended for supporting or sheltering any use or
occupancy.
Building, farm means any building for the purpose of maintaining the operation of a farm
so as to provide shelter for farm produce, animals and equipment. Commercial, industrial
and residential buildings, shall not be construed as farm buildings.
Building area means the greatest horizontal area of a building above grade within the
outside surface of exterior walls or within the outside surface of exterior walls and the
centre line of firewalls.
Building drain means the nominally horizontal piping, including any offset that:
(a) is located
(i)
completely below the lowest storey, or
(ii)
completely in the lowest storey,
(b) is at least 4 inches in size,
(c) is connected at its upstream end to a soil or waste stack and stack vent at least 3 inches
in size, and
(d) conducts sewage, clear-water waste or storm water to a building sewer.
Building height (in storeys) means the number of storeys contained between the roof and
the floor of the first storey.
Building sewer means a pipe that is connected to a building drain 3 ft. (0.91m) outside a
wall of a building and that leads to a public sewer or private sewage disposal system.
Business and personal services occupancy means the occupancy or use of a building or
part thereof for the transaction of business or the rendering or receiving of professional or
personal services.
Canopy means any roof-like structure projecting more than twelve (12) inches from the
face of a building having a rigid frame, and attached to said building in such a manner as
not to become an integral part thereof.
Clearout means an access provided in drainage and venting systems to provide for cleaning
and inspection services.
Clear-water waste means water that does not contain sewage or storm water.
Code means The Manitoba Building .
Combustible (as applying to an elementary building material) means that such material fails
to conform to the latest ediction of C. S. A. B54.1. "Determination of Non-Combustibility
in Building Materials."
Constructor means a person who contracts with an owner or his authorized agent to
undertake a project, and includes an owner who contracts with more than 1 person for the
work on a project or undertakes the work on a project or any part thereof.
Council means the council for the Rural Municipality of St. Clements.
Deep foundation means a foundation unit that provides support for a building by
transferring loads either by end-bearing to a soil or rock at considerable depth below the
building, or by adhesion or friction, or both, in the soil or rock in which it is placed. Piles
are the most common type of deep foundation.
Drainage system means an assembly of pipes, fittings, fixtures, traps and appurtenances that
is used to convey sewage, clear-water waste or storm water to a public sewer or a private
sewage disposal system, but does not include subsoil drainage pipes.
Dwelling unit means a room or suite or rooms operated as a house-keeping unit, used or
intended to be used as a domicile by 1 or more persons and usually containing cooking,
eating, living, sleeping and sanitary facilities.
Excavation means the space created by the removal of soil, rock or fill for the purposes of
construction.
Exposing building face means that part of the exterior wall of a building which faces one
direction and is located between ground level and the ceiling of its top storey, or where a
building is divided into fire compartments, the exterior wall of a fire compartment which
faces on direction.
Fire compartment means an enclosed space in a building that is separated from all other
parts of the building by enclosing construction providing a fire separation having a required
fire resistance rating.
Fire protection rating means the time in hours or fraction thereof that a closure, window
assembly or glass block assembly will withstand the passage of flame when exposed to fire
under specified conditions of test and performance criteria, or as otherwise prescribed in
this By-law.
Fire separation means a construction assembly that acts as a barrier against the spread of
fire and may not be required to have a fire resistance rating or a fire protection rating.
Firewall means a type of fire separation of non combustible construction which subdivides
a building or separates adjoining buildings to resist the spread of fire and which has a fire
resistance rating as prescribed in this by-law and has structural stability to remain intact
under fire conditions for the required fire-rated time.
Fixture means a receptacle, appliance, apparatus or other device that discharges sewage or
clear-water waste and includes a floor drain.
Foundation means a system or arrangement of foundation units through which the loads
from a building are transferred to supporting soil or rock.
Foundation unit means one of the structural members of a building such as footing, raft or
pile..
Grade (as applying to the determination of building height) means the average level of
finished ground adjoining a building at all exterior walls, as determined by the authority
having jurisdiction (see storey, first.)
High hazard occupancy (see industrial occupancy, high hazard.)
Highway means any place or way, including any structure forming part thereof, which or
ay part of which the public is ordinarily entitled or permitted to use for the passage of
vehicles or pedestrians, with or without fee or charge therefore, and includes all the space
between the boundary lines thereof whether or not used for vehicular or pedestrian traffic;
and, without restricting the generality of the foregoing, includes roads, road allowances,
streets, lanes, thoroughfares, and other means of communication dedicated to the public
use as highways, or opened or made as highways under this By-law or any Act, and any part
of a highway as so defined, and also includes all bridges, subways, underpasses, grade
separations, piers, wharves ferries, and squares, and the road improvements thereon,
dedicated to the public use; but does not include any area designed or intended, and
primarily used, for the parking of vehicles and the necessary passageways thereon.
Industrial occupancy, high hazard (Group F, Division 1) means an industrial occupancy
containing sufficient quantities of highly combustible and flammable or explosive materials
which, because of their inherent characteristics, constitute a special fire hazard.
Industrial occupancy, medium hazard (Group F, Division 2) means an industrial
occupancy in which the combustible content is more than 10 lb. (4.5 kg) or 100,000
BTU/sq. ft. (1,135,600 kj/m2) of floor area and not classified as high hazard industrial
occupancy.
Industrial occupancy, low hazard (Group F, Division 3) means an industrial occupancy in
which the combustible content is not more than 10 lb. (4.5 kg) or 100,000 BTU/sq. ft.
(1,135,600 kj/m2) of floor area.
Institutional occupancy means the occupancy or use of a building or part thereof by
persons harboured or detained to receive medical care or treatment, or by persons
involuntarily detained.
Limiting distance means the distance from an exposing building face towards a property
line, the centre line of a street, lane, public thoroughfare or an imaginary line between 2
buildings on the same property, measured at right angles to the exposing building face.
Low hazard industrial occupancy (see industrial occupancy, low hazard.)
Marquee means any roof-like structure constructed and erected as a permanent part of the
building over an entrance thereto, and projecting more than 12 inches from the exterior
wall of the building.
Medium hazard industrial occupancy (see industrial occupancy, medium hazard.)
Mercantile occupancy means the occupancy or use of a building or part thereof for the
displaying or selling of retail goods, wares or merchandise.
Occupancy means the use or intended use of a building or part thereof for the shelter or
support or persons, animals or property.
Occupancy, major means the principal occupancy for which a building or part thereof is
used or intended to be used, and shall be deemed to include the subsidiary occupancies
which are an integral part of the principal occupancy.
Occupant load means the number of persons for which a building or part thereof is
designed.
Offset means the piping that connects the ends of 2 pipes that are parallel.
Owner means any person, firm or corporation controlling the property under
consideration.
Permit means permission or authorization in writing by the authority having jurisdiction to
perform work regulated by this By-law and, in the case of an occupancy permit, to occupy
any building or part thereof.
Person means any person, firm, co-partnership or corporation or any trustee, manager or
other person, either individually or jointly with others, owning or occupying any building or
place or having the management or supervision of any building or place to which this By-
law applies, and includes any agent, workman, servant or employee of such person, firm,
co-partnership, or corporation.
Pile means a slender deep foundation made of materials such as wood, steel or concrete or
combination thereof, which is either pre-manufactured and placed by driving, jacking,
jetting or screwing or cast-in-place in a hole formed by driving, excavating or boring. (Case-
in-place bored piles are often referred to as caissons in Canada.)
Plumbing contractor means a person, corporation or firm that undertakes to construct,
extend, alter, renew or repair any part of a plumbing system.
Plumbing system means a drainage system, a venting system and a water system or parts
thereof.
Potable means safe for human consumption.
Private sewage disposal system means an approved privately owned plant for the treatment
and disposal of sewage (such as a septic tank with an absorption field.)
Private water supply system means an assembly of pipes, fittings, valves, equipment and
appurtenances that supplies water from a private source to a water distribution system.
Relocation means the moving of an existing building from one location to another
location, on the same property.
Removal means the moving of an existing building from one property to another property.
Renovation means the reconstruction of all or part of the interior or exterior, or both, of
an existing building where there is no structural reconstruction, alteration or enlargement of
the building.
Repair means work done to an existing building for the purpose of maintenance and not
amounting to a renovation.
Residential occupancy means the occupancy or use of a building or part thereof by persons
for whom sleeping accommodation is provided but who are not harboured or detained to
receive medical care or treatment or are not involuntarily detained.
Rock means that portion of the earth's crust which is consolidated, coherent and relatively
hard and is a naturally formed solidly bonded, mass of mineral matter which cannot readily
be broken by hand.
Sanitary drainage system means a drainage system that conducts sewage.
Service water heater means a device for heating water for plumbing services.
Sewage means liquid waste that contains animal, mineral or vegetable matter.
Sign means any writing (including letter or word), pictorial representation (including
illustration or decoration), emblem (including device, symbol or trade mark), flag including
banner or pennant) or any other figure of similar character, which:
(a) is a structure or any part thereof, or is attached to, painted on, or in any other
manner represented on a building,
(b) is used to announce, direct attention to, or advertise, and
(c) is visible from outside a building.
Sign, electric means signs, any part of the letters of which are formed of or area delineated
by incandescent electric lamps, tubing or other light producing electrical apparatus forming
an integral part thereof, signs having a border of incandescent or other electric lamps
attached thereto, and transparent or partly transparent, signs whether lighted by electricity
or other illuminant.
Sign, free-standing means any sign supported by one or more uprights or braces placed in
the ground and not attached to any building.
Sign, illuminated means any sign which is lighted by means of lamps or other lighting
devices reflecting on the outside face of the sign.
Sign, projecting means any sign other than a wall sign which is attached to a building and
extends beyond the line of the said building or beyond the surface of that portion of the
building it is attached more than twelve (12) inches.
Sign, roof means any sign erected upon and above the roof of a building within the
peripheral exterior dimensions of the building.
Sign, free swinging means any sign which, when erected or hung on or attached to any
building is capable of swinging, oscillating or rocking, but not as a result of mechanical
devices incorporated in the sign for such purpose.
Sign, temporary means any sign, banner, pennant, valance or advertising display, with or
without frames, intended to be displayed for a short period of time but shall not include
those signs specifically exempted by this By-law.
Sign, facia means any sign attached against the surface of or against, or within a recess in the
wall, a column or other perpendicular portion of a column in a position essentially
parallel to said wall, column or other perpendicular portion. A facia sign shall also mean
any sign attached to the walls of two or more buildings and spanning the space between the
said buildings. (A facia sign shall include flat or wall signs.)
Size means the nominal diameter by which a pipe, fitting, trap or other similar item is
commercially designated.
Soil means that portion of the earth's crust which is fragmentary, or such that some
individual particles of a dried sample may be readily separated by agitation in water; it
includes boulders, cobbles, gravel, sand, silt, clay and organic matter.
Soil-or-waste pipe means a pipe in a sanitary drainage system.
Storey means that portion of a building which is situated between the top of any floor and
the top of the floor next above it, and if there is no floor above it, that portion between the
top of such floor and the ceiling above it.
Storey, first means the storey with its floor closest to grade and having its ceiling more than
6 ft. (1.8 m) above grade.
Storm water means water that is discharged from a surface as a result of rainfall or snowfall.
Street means any highway, road, boulevard, square or other improved thoroughfare 30 ft.
(9.1m) or more in width, which has been dedicated or deeded for public use and is
accessible to fire department vehicles and equipment.
Structure means anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground and includes buildings, walls,
fences, signs, billboards, poster panels, light standards, etc.
Sun visor means a projection from a building for the purpose of providing shade to an
aperture in the form of louvers, egg crating or other similar methods, but in case designed
so as to prevent air, rain, snow or other atmospheric elements from passing through such
projection.
Subsoil drainage pipe means a pipe that is installed underground to intercept and convey
subsurface water.
Trap means a fitting or device that is designed to hold a liquid seal that will prevent the
passage of gas but will not materially affect the flow of a liquid.
Trap dip means the lowest part of the upper interior surface of a trap.
Trap seal means the vertical distance between the trap dip and the trap weir.
Trap weir means the highest part of the lower interior surface of a trap.
Unsafe condition means any condition that could cause undue hazard to life, limb or
health of any person authorized or expected to be on or about the premises.
Vent pipe means a pipe that is part of a venting system.
Venting system means an assembly of pipes and fittings that connects a drainage system
with outside air for circulation or air and the protection of trap seals in the drainage system.
Water distribution system means an assembly of pipes, fittings, valves and appurtenances
that conveys water from the water service pipe or private water supply system to water
supply outlets, fixtures, appliances and devices.
Water service pipe means a pipe that conveys water from a public water main or private
water source to the inside of the building.
SECTION 4
PROHIBITIONS
SUBSECTION 4.1
Any person who fails to comply with any order or
notice issued by the authority having jurisdiction, or who allows a violation of the Code to
continue, contravenes the provisions of this By-Law.
SUBSECTION 4.2
No person shall 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.
SUBSECTION 4.3
No person shall deviate from the approved plans and
specifications forming a part of the building permit, or omit or fail to complete, prior to
occupancy, work required by the said plans and specifications, without first having obtained
in writing the approval of the authority having jurisdiction to do so.
SUBSECTION 4.4
No person shall occupy or allow the occupancy of
any building, or part thereof, or change the occupancy, unless the owner has obtained an
occupancy permit from the authority having jurisdiction.
SUBSECTION 4.5
No person having authority in the construction,
reconstruction, demolition, alteration, removal, relocation or occupancy of a building shall
cause, allow or maintain any unsafe condition .
SUBSECTION 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 approval having first been obtained in writing from the appropriate
government authority.
SUBSECTION 4.7
No person shall allow the property boundaries of a
building lot to be so changed as to place a building or part thereof in contravention of the
code unless the building or part thereof is so altered, after obtaining the necessary permit,
so that no contravention will occur as a result of the change of the property boundary or
approved grades.
SECTION 5 DUTIES AND RESPONSIBILITIES OF THE OWNER
SUBSECTION 5.1
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 code and this By-law.
SUBSECTION 5.2
Every owner shall obtain all permits or approvals
required in connection with the proposed, work prior to commencing the work to which
they relate.
SUBSECTION 5.3
Every owner shall :
(a) ensure that the drawings and specifications on which the issue of the building
permit was based are available continuously at the site of the work for
inspection during working hours by the authority having jurisdiction, and that
the permit, or true copy thereof, is posted conspicuously on the site during the
entire execution of the work.
(b) keep visible at all time during construction the street number of the premises in
figures at least three (3) inches high and visible from the street or sidewalk.
SUBSECTION 5.4
Every owner shall give notice to the authority having
jurisdiction of the dates on which he intends to begin work prior to commencing work on
the building site.
SUBSECTION 5.5
Every owner shall 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 engineer and/or architect reviewing the work, and
(iii)
any inspection or testing agency engaged to monitor the work,
(b) any change in or termination of employment of such persons during the course of the
construction immediately that such change or termination occurs.
SUBSECTION 5.6
Every owner shall give notice to the authority having
jurisdiction at least 24 hours before:
(a) placing a foundation below ground level, and
(b) backfilling an excavation.
SUBSECTION 5.7
Every owner shall give notice to the authority having
jurisdiction:
(a) of intent to do work that has been ordered to be inspected during construction,
(b) of intent to cover work that has been ordered to be inspected prior to covering, and
(c) when work has been completed so that a final inspection can be made.
SUBSECTION 5.8
Every owner shall give notice in writing to the
authority having jurisdiction:
(a) immediately that any change in ownership or change in the address of the owner
occurs prior to the issuance of an occupancy permit, or certificate of occupancy, and
(b) prior to occupying any portion of the building if it is to be occupied in stages.
SUBSECTION 5.9
Every owner shall give such other notice to the
authority having jurisdiction as may be required by the provisions of the Code or this By-
law, and shall comply in all respects with this By-Law.
SUBSECTION 5.10
TESTS
SUBSECTION 5.10.1
Every owner shall make or have made at his own expense
tests or inspections as necessary to prove compliance with the code, and shall promptly file
a copy of all such test or inspection reports with the authority having jurisdiction.
SUBSECTION 5.10.2
To the extent that is possible all tests required by the
authority having jurisdiction shall be carried out by the owner in accordance with
recognized standard test methods. In the absence of such standard test methods the
authority having jurisdiction may specify the test procedure to be followed.
SUBSECTION 5.10.3
Where tests of any materials are made to ensure conformity
with the requirements of the code, records of the test data shall be kept available by the
owner or his agent for inspection during the construction of the building and for such
period thereafter as required by the authority having jurisdiction.
SUBSECTION 5.11
Every owner shall provide an up-to-date survey of the
building site when and as required by the authority having jurisdiction.
SUBSECTION 5.12
When required by the authority having jurisdiction,
every owner shall uncover and replace at his own expense any work that has been covered
contrary to an order issued by the authority having jurisdiction.
SUBSECTION 5.13
Every owner is responsible for the cost of repair of
any damage to public property or works located thereon that may occur as a result of
undertaking work for which a permit was required by this By-law.
SUBSECTION 5.14
No owner shall deviate from the requirements of the
conditions of the permit without first obtaining from the authority having jurisdiction
permission in writing to do so.
SUBSECTION 5.15
Every owner shall obtain an occupancy permit from
the authority having jurisdiction prior to any;
(a) occupancy of a building or part thereof after construction, partial demolition or
alteration on that building, or
(b) change in the major occupancy of any building or part thereof.
SUBSECTION 5.16
Every owner shall ensure that no unsafe condition
exists or will exist because of the work being undertaken or not completed, should
occupancy occur prior to the completion of any work being undertaken that requires a
permit.
SUBSECTION 5.17
When required by the authority having jurisdiction,
every owner shall provide a letter to certify compliance with the requirements of the code
and of any permits required.
SUBSECTION 5.18
The granting of a permit, the approval of the
drawings and specifications or inspections made 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 the work carried out and for maintaining the building in accordance with
the requirements of the code, including ensuring that the occupancy of the building, or any
part thereof, is in accordance with the terms of the occupancy permit.
SUBSECTION 5.19
No permit or licence issued pursuant to this By-law
nor approval of drawings or specifications of work done or to be done in connection with a
sign or any inspection of such work shall relieve the permittee, licensee or owner of the
sign from full responsibility for the carrying out of the work and maintaining the sign in
accordance with the code.
SUBSECTION 5.20
When a building or part thereof is in an unsafe
condition, the owner shall immediately take all necessary action to put the building in a safe
condition. All buildings or structures, existing and new, and all parts thereof shall be
maintained in a safe condition. All devices or safeguards which are required by the code in
a building or structure when erected, altered, or repaired, shall be maintained in good
working order. The owner or his designated agent shall be responsible for the
maintenance of such building or structures.
SECTION 6 DUTIES & RESPONSIBILITIES OF THE CONTRACTOR
SUBSECTION 6.1
Every constructor shall ensure that all construction
safety requirements of the code are complied with.
SUBSECTION 6.2
Every constructor is responsible for ensuring that no
excavation or other work is undertaken on public property, and that no building is erected
or materials stored in whole or in part thereon without approval first having been obtained
in writing from the authority having jurisdiction.
SUBSECTION 6.3
Every constructor is responsible for ensuring that no
excavation or other work is undertaken on public property, and that no building is erected
or materials stored in whole or in part thereon without approval first having been obtained
in writing from the appropriate government authority.
SUBSECTION 6.4
Every constructor is responsible jointly and severally
with the owner for any work actually undertaken.
SECTION 7 DUTIES & RESPONSIBILITIES OF THE AUTHORITY
HAVING JURISDICTION
SUBSECTION 7.1
The authority having jurisdiction is responsible for
the administration and enforcement of the Code and this by-law.
SUBSECTION 7.2
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 other regulations require.
SUBSECTION 7.3
The authority having jurisdiction shall accept any
construction or condition that lawfully existed prior to the effective date of the Code
provided that such construction or condition does not constitute an unsafe condition.
SUBSECTION 7.4
The authority having jurisdiction shall issue in writing
such notices or orders as may be necessary to inform the owner where a contravention of
the Code or this by-law has been observed.
SUBSECTION 7.5
The authority having jurisdiction shall issue to the
owner an order or notice in writing to correct any unsafe condition observed in any
building.
SUBSECTION 7.6
The authority having jurisdiction shall provide when
requested to do so all reasons for refusal to grant a permit.
SUBSECTION 7.7
The authority having jurisdiction shall answer such
relevant questions as may be reasonable with respect to the provisions of the code or this
By-law when requested to do so, but except for standard design aids shall refrain from
assisting in the laying out of any work and from acting in the capacity of an engineering or
architectural consultant.
SUBSECTION 7.8
The authority having jurisdiction shall issue a permit
to the owner, constructor or agent, who, to the best of his knowledge, the applicable
conditions as set forth in the code and this By-law have been met.
SECTION 8 POWERS OF THE AUTHORITY HAVING JURISDICTION
SUBSECTION 8.1
The authority having jurisdiction may, at all
reasonable times, and with the consent of the owner or occupier, but subject to Section 84
of The Planning Act, enter any building or premises for the purpose of administering or
enforcing the code or this By-law.
SUBSECTION 8.2.1
The authority having jurisdiction is empowered to
order;
(a) a person who contravenes the code to comply with the code within the time period
specified;
(b) work to stop on a building or any part thereof if such work is proceeding in
contravention of the code or this By-law, or any condition under which the permit was
issued, or if there is deemed to be an unsafe condition. Upon issuance of order to
stop work, work shall be immediately stopped. The stop work order shall be given to
the owner of the property involved, or to the owner's agent, or to the person in charge
personally, and shall state the conditions under which work may be resumed;
(c) the removal of any unauthorized encroachment on public property;
(d) the removal of any building or part thereof constructed in contravention of the code;
(e) the cessation of any occupancy in contravention of the code, and;
(f) the cessation of any occupancy if any unsafe condition exists because of work being
undertaken or not completed.
SUBSECTION 8.2.2
The authority having jurisdiction may authorize the
complete or partial demolition or removal at the expense of the owner thereof, a building
which, in his opinion, has been constructed in contravention of the code or any by-law and
to provide that the cost of such demolition or removal as certified by the authority having
jurisdiction may be added to the taxes on the land occupied by such building and collected
as other taxes.
SUBSECTION 8.2.3
The authority having jurisdiction may by written
notice, require the owner of a building, or other person acting for the owner in respect
thereof, to comply within a specified period of time to have the building made to conform
with the code in such respects as are specified in the notice. Omission to give such notice,
however, shall not prevent any owner or other person from being prosecuted for breach of
the code.
SUBSECTION 8.3
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 the requirements
of the code.
SUBSECTION 8.4
The authority having jurisdiction may require any
owner to submit an up-to-date plan of survey prepared by a registered land surveyor or
which shall contain sufficient information regarding the site and the location of any
building;
(a) to establish before construction begins that all requirements of the code in relation to
this information will be complied with, and
(b) to verify upon completion of the work that all such requirements have been complied
with.
SUBSECTION 8.5
RESPONSIBILITY FOR DESIGN AND
INSPECTION
SUBSECTION 8.5.1
Except in the case of a building 3 storeys or less in
height, having building area not exceeding 6,000 square feet (558 m2) and which is to be
used for residential, business and personal service, mercantile and medium and low hazard
industrial occupancies, the owner shall appoint an architect(s) and/or engineer(s) entitled to
practice in the Province of Manitoba, skilled in the appropriate section of the work
concerned, which consultant(s) shall be responsible for the preparation of drawings and
specifications and for the inspection of construction to ensure conformity with the
drawings, specifications and the applicable sections of the code.
SUBSECTION 8.5.2
Notwithstanding the requirements of Article 8.5.1
above, where in the opinion of the authority having jurisdiction, any building requires the
services of an architect(s) and/or professional engineer(s), the architect(s) and/or
professional engineer(s) shall perform all the services described in this subsection.
SUBSECTION 8.5.3
Where the construction of a building will not be
supervised by the person(s) responsible for its design as provided for in Part 4 of the code,
the name and address of the person(s) who will supervise the construction shall be
submitted with the application to build and notice shall be given to the authority having
jurisdiction of any subsequent change of said person(s) or of address whenever any such
change takes place.
SUBSECTION 8.5.4.(1) Where the character of the proposed work requires
technical knowledge for the preparation of drawings and specifications, as provided in
Article 8.5.1., the drawings and specifications shall be prepared, signed and bear the seal
of, and the construction inspected and certified by, an architect(s) and/or engineer(s) skilled
in the appropriate section of the work concerned and entitled to practice in the Province of
Manitoba.
SUBSECTION 8.5.4.(2) Prior to the issuance of a building permit, the responsible
architect(s) and/or professional engineer(s) shall submit a letter to the authority having
jurisdiction stating the extent of his/their responsibility for the inspection of construction to
ensure conformity with the approved drawings and specifications and the applicable
Sections of the By-law.
SUBSECTION 8.5.4.(3) Prior to the issuance of an occupancy permit, the
responsible architect(s) and/or professional engineer(s) shall, where required by the
authority having jurisdiction, submit a letter stating;
That to the best of my/our knowledge the building was constructed in
accordance with the approved drawings and specifications and
requirements of the applicable By-laws.
SUBSECTION 8.5.4.(4) The responsible architect(s) and/or professional engineer(s)
shall seal and sign all the documents referred to in sentences (2) and (3) above.
SUBSECTION 8.5.5
The structural members of a building shall be
designed as provided for in Part 4 of the code by an engineer entitled to practice in the
Province of Manitoba and competent in the specific field of design undertaken.
SUBSECTION 8.6
The authority having jurisdiction may issue a permit
at the risk of the owner, with conditions if necessary to ensure compliance with the code
and any other applicable regulation or by-law, to excavate or to construct a portion of a
building before the entire drawings of the whole project have been submitted or approved.
SUBSECTION 8.7
The authority having jurisdiction may issue a permit
for the entire project conditional upon the submission, prior to commencing work thereon,
of additional information not available at the time of issuance, if such data are of secondary
importance, and are of such nature that the withholding of the permit until its availability
would unreasonably delay the work.
SUBSECTION 8.8
The authority having jurisdiction may refuse to issue
any permit;
(a) whenever information submitted is inadequate to determine compliance with the
provisions of the code, or
(b) whenever incorrect information is submitted, or
(c) that would authorize any building work or occupancy that would not be permitted by
the code, or
(d) that would be prohibited by any other standard, by-law, act or regulation, or
(e) to any person who has failed within a specified period of time to remedy a defect in
construction under a building permit previously issued to him after having been
notified that such defect exists, or
(f) where, in his opinion, the results of the tests referred to in Section 9 are not
satisfactory, or
(g) to any person who has failed to pay any fees dues and owing to the authority having
jurisdiction under this By-law.
SUBSECTION 8.9
The authority having jurisdiction may revoke a
permit if;
(a) there is a contravention of any condition under which the permit was issued
(b) the permit was issued in error, or
(c) the permit was issued on the basis of incorrect information.
SUBSECTION 8.10
VALUATION
SUBSECTION 8.10.1
The authority having jurisdiction may place a value on the
cost of the work for the purpose of determining permit fees to be applicable.
SUBSECTION 8.10.2
The valuation to be shown on a building permit shall mean
the total monetary worth of all construction of work including all painting, papering,
roofing, electrical 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.
SUBSECTION 8.10.3
Notwithstanding the provisions of Article 8.10.2 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 the code and alterations or repairs to the building.
SUBSECTION 8.10.4
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.
SUBSECTION 8.10.5
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.
SUBSECTION 8.10.6
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.
SUBSECTION 8.12
UNSAFE CONDITIONS
SUBSECTION 8.12.1
Any building or structure that is in an unsafe condition in
that it is liable to fall or to cause an explosion or to cause damage or injury to any person or
property or in that it constitutes a fire hazard or that in the case of a well, excavation, or
opening is not properly covered or guarded or that in the opinion of the authority having
jurisdiction is so dilapidated, out of repair, or otherwise in such condition that it is a trap
for persons or animals, shall not be allowed to remain in such condition but shall be
demolished, removed, guarded or put in a safe condition to the satisfaction of the authority
having jurisdiction.
SUBSECTION 8.12.2
If, in the opinion of the authority having jurisdiction a
building or structure is in an unsafe condition or a well, excavation or opening is not
properly covered or guarded, as set out in Article 8.12.1 above, the authority having
jurisdiction may serve a written notice on the owner, occupier, agent or person in charge of
the building or structure, or of a well, excavation or opening, by registered mail or personal
notice to the last known address describing the building or structure, or the well, excavation
or opening requiring him to have it demolished, guarded, covered, or put in safe condition
forthwith to the satisfaction of the authority having jurisdiction.
SUBSECTION 8.12.3
Without effecting any other remedy that the municipality
may have on default of compliance with a notice given under Articles 8.12.2 and 8.12.5 the
authority having jurisdiction may in the case of a building or structure cause the same to be
demolished, removed or put in a safe condition, and in the case of a well, excavation or
opening to have the same covered, guarded, or put in a safe condition as may be deemed
expedient and necessary and that the cost of the work may be recovered by the
municipality by summary process of law and can also place a lien upon the building or
structure and the materials thereof and upon the lot or parcel of land occupied by the said
building or structure or by the said well, excavation or opening and that the cost when
certified by the authority having jurisdiction may be added to the taxes on the land or on
the building or structure and may be collected in the same manner as other municipal taxes
are collected.
SUBSECTION 8.12.4
Where upon non-compliance with any notice given under
Articles 8.12.2 and 8.12.5, the authority having jurisdiction causes the building or structure
to be demolished, the municipality may sell the material, fixtures and other salvage
therefrom and apply the price received therefrom towards paying the cost of the
demolition and the balance, if any, shall be applied toward paying any taxes owing in
respect to the property, after encumbrances and lien holders, if any, in the order of their
priority and the surplus, if any, shall be paid to the owner of the property.
SUBSECTION 8.12.5
When the authority having jurisdiction is unable, as set forth
in Article 8.12.2 to locate the owner, occupier, agent or person in charge of the building or
structure, or of a well, excavation or opening, or in cases where service as aforesaid is
impractable, the unsafe notice shall be posted by affixing two copies thereof in a
conspicuous place on the premises; and such procedure shall be deemed the equivalent of
personal notice.
SUBSECTION 8.13
Before issuing an occupancy permit the authority
having jurisdiction may require the owner to provide letters to certify that the requirements
of the code and the necessary permits have been met.
SUBSECTION 8.14
The authority having jurisdiction or the
Development Officer and any of his assistants charged with the enforcement of this By-law
while acting for the municipality, shall not thereby render themselves liable personally, and
they are hereby relieved from all personal liability for any damage that may accrue to
persons or property as a result of any act required or permitted in the discharge of their
official duties. Any suit instituted against any officer or employee because of an act
performed by him on the lawful discharge of his duties and under the provisions of this By-
law shall be defended by the legal representative of the municipality until the final
termination of the proceedings. In no case shall the authority having jurisdiction or any of
his assistance be liable for costs in any action, suit or proceeding that may be instituted in
pursuance of the provisions of this By-law and any official acting in good faith and without
malice, shall be free from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of his official duties in connection
therewith.
SUBSECTION 8.15
The authority having jurisdiction in special cases that
in his opinion warrant it, may modify or vary any specified regulation where such
modification or variation in his opinion will substantially accomplish the object of the
regulation.
SUBSECTION 8.16
Any person who deems himself aggrieved by a
decision of the development officer as to the issuance of a building permit, the prevention
of the construction or occupation of a building or structure and the demolition or removal
of a building or structure may appeal therefrom to the Council
SUBSECTION 8.17
ALTERATIONS AND ADDITIONS
SUBSECTION 8.17(1)
Where repairs or alterations to an existing building or
structure are made necessary on account of damage by fire or other causes, and where such
repairs and alterations excluding electrical or mechanical equipment exceed fifty percent
(50%) of the replacement or market value of the building or structure prior to such
damage, such repairs or alterations shall be considered a re-erection thereof and are
prohibited unless the entire building or structure is made to conform with the requirements
of this By-law for new construction.
SUBSECTION 8.17.1(2) Where repairs or alterations to an existing building or
structure are made necessary on account of dilapidation, and where such repairs or
alterations excluding electrical or mechanical equipment exceed fifty percent (50%) of the
replacement or market value of the building or structure at the time of application for a
permit, such repairs or alterations shall be considered a re-erection thereof and prohibited
unless the entire building or structure is made to conform with the requirements of this By-
law for new construction.
SUBSECTION 8.17.1(3) Notwithstanding the provisions of Sentences (1) or (2)
above, the authority having jurisdiction may permit variations from the regulations of this
By-law for those portions of the existing building or structure not being altered, or added
to, where:
(a) the applicant shall provide evidence satisfactory to the authority having jurisdiction
that said portions are structurally safe; and
(b) a special inspection has been made to determine the minimum variation to be
permitted.
SUBSECTION 8.17.2
The number of storeys of an existing building or structure
shall not be increased unless the entire building or structure conforms with the
requirements of this By-law except where an increase may be permitted in accordance with
8.17.1.(3).
SUBSECTION 8.17.3
Additions may be made to an existing building or structure
where the maximum area for the combined area of the existing building or the structure
and addition as set forth in Part 3 of the code is not exceeded. Where the combined area
of the existing building or the structure and permitted addition exceeds the maximum area
allowed in Part 3, a fire wall of the required resistance rating shall separate the addition
from the existing building or structure unless otherwise approved under 8.17.1.(3).
SUBSECTION 8.17.4
Notwithstanding the provisions of Article 8.17.1, where
alterations or additions to an existing building or structure are to be made, the authority
having jurisdiction may require selective compliance of the building or structure to the
requirements of the code.
SECTION 9
TESTS AND CONSTRUCTION REVIEW
SUBSECTION 9.1
TESTS
SUBSECTION 9.1.1
All required tests of materials shall be conducted
according to the appropriate methods found in the standards listed in the code, or in the
absence of these, as specified by the authority having jurisdiction or other authority
acceptable to him.
SUBSECTION 9.1.2
All tests shall be conducted and reports thereon
prepared at the expense of the owner.
SUBSECTION 9.1.3
Laboratory tests shall be conducted by a laboratory
acceptable to the authority having jurisdiction.
SUBSECTION 9.2
CONSTRUCTION REVIEW
SUBSECTION 9.2.1
Whenever general review, during construction by an
architect or engineer is required by the code, such review shall be to standards satisfactory
to the authority having jurisdiction.
SUBSECTION 9.2.2
Upon completion of the work for which review was
required a report shall be submitted to the authority having jurisdiction by the architect or
engineer stating what was reviewed and where applicable what was not reviewed and stating
the extent to which the construction conforms to the code.
SECTION 10
PERMITS
SUBSECTION 10.1
PERMITS AND CERTIFICATES REQUIRED
BUILDING PERMITS
SUBSECTION 10.1.1.(1)
A permit is required whenever work regulated by the
code is to be undertaken.
SUBSECTION 10.1.1.(2)
An owner, agent or person in charge shall not
commence or cause to be commenced:
(a) the erection or construction of any building or structure, or portion thereof,
(b) the addition, extension, improvement, alteration or conversion of any building or
structure or portion thereof,
(c) the repair of any building or structure or portion thereof,
(d) the relocation or removal or demolition of any building or structure or portion
thereof,
(e) the excavation of any land for any purpose of erecting or locating on or above it any
building or structure,
(f) the repair, construction, renewal, alteration or extension of a mechanical system,
unless the required permit has first been obtained from the authority having jurisdiction as
hereinafter provided, except in the case of painting and decorating or in the case of minor
repairs not exceeding five hundred ($500.00) in value, where matters affecting health and
safety are not involved.
SUBSECTION 10.1.1.(3)
Notwithstanding the provisions of Section 14, any
owner, agent or person in charge, who commences work without first having obtained a
permit therefore, is guilty of an offence and shall be liable on a summary conviction, to a
fine not less than $25.00 for each day such work is continued without a permit.
PLUMBING PERMITS
SUBSECTION 10.1.2.(1)
Except as provided in Sentence (2), a plumbing
system shall not be constructed, extended, altered, renewed or repaired or a connection
made to a sewer unless a permit to do so has been obtained. Interim authority to
commence, pending delivery of a permit, may be given in writing by the authority having
jurisdiction.
SUBSECTION 10.1.2.(2)
A 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.
SUBSECTION 10.1.2.(3)
Plumbing permits shall be issued only to:
(a) a licensed plumbing contractor,
(b) a person to do work in a building, owned by him and occupied by him only as his
domestic domicile provided he has satisfied the authority having jurisdiction that he is
competent to perform such work,
(c) to a person to do work in a new building, owned by him, and which upon completion
will be occupied by him only as his domestic domicile, provided that he was satisfied
the authority having jurisdiction that he is competent to perform such work,
(d) a journeyman plumber or qualified person to do work in a commercial or industrial
establishment in respect of which there exists a plumbing contractor's licence in good
standing and in which he is steadily employed for such purpose, and in such instance,
the observance of the requirements of the foregoing section shall be the responsibility
of the licenced commercial or industrial establishment, and
(e) a journeyman plumber, who is an employee of the Provincial or Federal Government,
to do work on behalf of that Government.
CERTIFICATE OF PLUMBING INSPECTION APPROVAL
SUBSECTION 10.1.3
When a plumbing system has been completed and has been
approved, the authority having jurisdiction when requested, shall issue a certificate of
plumbing inspection approval to the owner and to the plumbing contractor.
ELECTRICAL PERMIT
SUBSECTION 10.1.4
The requirements for the issuance of an electrical permit
shall be as set forth in the Manitoba Electrical Code.
SIGN PERMITS
SUBSECTION 10.1.5
No alteration or addition or any erection or re-erection of
signs including any of the accessories shall be made unless the owner of the building or site
upon which such sign is erected or his agent, has obtained a permit.
SUBSECTION 10.1.6
Permits, in addition to the permits required in this
subsection with respect to building components and services, may be required by the
authority having jurisdiction.
SUBSECTION 14.5.2
SUBSECTION 10.2
APPLICATION FOR PERMIT
SUBSECTION 10.2.1.(1)
To obtain any permit or certificate authorized herein
the owner shall file an application in writing on a prescribed form.
SUBSECTION 10.2.1.(2)
All applications for permits or certificates shall be
accompanied by the required fee specified in Appendix "A".
SUBSECTION 10.2.1.(3)
An application for a permit may be deemed to have
been abandoned six months after the date of filing, unless such application has been
proceeded with.
BUILDING PERMITS
SUBSECTION 10.2.2.(1)
Except as otherwise allowed by the authority having
jurisdiction, every application for a building permit shall:
(a) identify and describe in detail the work and major occupancy to be covered by
the permit for which 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) include drawings and specifications, unless otherwise approved by the authority
having jurisdiction and show the occupancy of all parts of the building;
(d) state the valuation of the proposed work and be accompanied by the required
fee;
(e) state the names, addresses and telephone number of the owner, architect,
engineer or other designer and constructor, and;
(f) include proof of approval from the appropriate authority having jurisdiction
when necessary.
SUBSECTION 10.2.2.(2)
An application for a building permit for the
construction of a metal clad building or additions thereto shall have the approval of the
authority having jurisdiction before the permit is issued, except that such approval is not
required for the use of factory finished cladding.
PLUMBING
SUBSECTION 10.2.3.(1)
Every application for a plumbing permit shall be
accompanied by a specification or description of the proposed work.
SUBSECTION 10.2.3.(2)
When required by the authority having jurisdiction,
the application shall also be accompanied by:
(a) a plan that shows the location and size of every building drain and of
every trap and cleanout fitting that is on a building drain;
(b) a sectional drawing that shows the size and location of every soil-or-
waste pipe, trap and vent pipe and;
(c) a plan that shows a layout of the potable water distribution system
including pipe sizes and valves.
PLUMBING PERMITS
SUBSECTION 10.2.3.(1)
Every application for a plumbing permit shall be
accompanied by a specification or description of the proposed work.
SUBSECTION 10.2.3.(2)
When required by the authority having jurisdiction,
the application shall also be accompanied by:
(a) a plan that shows the location and size of every building drain and of every trap and
cleanout fitting that is on a building drain;
(b) a sectional drawing that shows the size and location of every soil-or-waste pipe, trap
and vent pipe, and;
(c) a plan that shows a layout of the potable water distribution system including pipe sizes
and valves.
SIGN PERMIT
SUBSECTION 10.2.4
The application for a sign permit shall:
(a) be made on the prescribed form;
(b) include in duplicate a plot plan showing the street lines of other boundaries of the
property upon which it is proposed to erect such sign and location thereof upon the
property in relation to the other structures upon such property and upon the premises
immediately adjoining, and;
(c) when required, in duplicate, complete drawings and specifications covering the
construction of the sign and its supporting framework and other information with
respect to the building upon which it is proposed to locate the sign as to determine
whether the structure of such building will carry the additional loads and stresses
imposed thereon by the erection of the sign without exceeding the stress
requirements. Such drawings shall in all cases have marked thereon in figures the
height of such building.
SUBSECTION 10.3
CONDITIONS UNDER WHICH PERMITS ARE
ISSUED
SUBSECTION 10.3.1 A permit shall expire and the right of an owner under the
permit shall terminate if:
(a) the work authorized by the permit is not commenced within six (6) months from the
date of issuance of the permit and actively carried out thereafter, or;
(b) work is suspended for a period of six (6) months.
SUBSECTION 10.3.2
The permittee shall at those stages of construction that may
be indicated on the permit request an inspection from the inspections department of the
municipality before proceeding further with construction.
SUBSECTION 10.3
When an inspection is requested and it is necessary
that the inspection be conducted outside of regular office hours or conducted during office
hours in addition to a regular inspection, a fee shall be charged as provided for in
Appendix "B", in addition to the required permit fees.
SUBSECTION 10.3.4
Every building permit is issued upon the condition:
(a) that pegs, stakes, lines and other marks approved by the authority having jurisdiction
be located on the building site so as to establish the line or limiting distance beyond
which the building or structure shall not extend as specified on the permit, and shall
be accurately maintained during the course of construction and until occupancy has
been approved. Such markings shall be provided for the erection of a new building
or structure, extension or addition to existing buildings or structures, or for buildings
or structures moved from one location to another whether on the same property or
not;
(b) that the construction shall be carried out in accordance with all provisions of the
code, and all provisions as described on the building permit and approved drawings;
(c) that all municipal by-laws and provincial regulations be complied with, and;
(d) that the authority having jurisdiction shall get copies of all changes ordered which
may alter any condition or requirement of the code, and a set of the revised drawings
showing these changes.
SUBSECTION 10.3.5
All work being carried out under a building permit issued
prior to the effective date of the code shall be completed in accordance with the previous
code requirements and any special conditions described on the building permit and
approved drawings. If work does not proceed at a satisfactory rate, in the opinion of the
authority having jurisdiction the building permit may be cancelled, in which case a new
building permit shall be obtained before work is continued and all subsequent work shall
comply with the provisions of the code.
SUBSECTION 10.3.6
Where a plumbing permit has been issued, no departure
shall be made from the specification, description, plan or sectional drawing unless written
permission is obtained from the authority having jurisdiction.
SUBSECTION 10.3.7
Notwithstanding the requirements of Article 10.3.1, every
demolition permit is issued upon the condition that:
(a) the demolition be commenced within 30 days of issuance of the permit,
and;
(b) the demolition be actively carried out thereafter, and further, in the case
of a one or two-family dwelling, be completed within 30 days of
commencement of work, and;
(c) the demolition be carried out in accordance with all provisions of this
By-law, and all provisions as described on the permit, and;
(d) all By-laws of the municipality be complied with, and;
(e) no modifications to the approved method of demolition be made
without the prior approval of the authority having jurisdiction.
SUBSECTION 10.4
DRAWINGS AND SPECIFICATIONS
SUBSECTION 10.4.1
Sufficient information shall be submitted with each
application for a permit to enable the authority having jurisdiction to determine whether or
not the proposed work will conform to the code and whether or not it may affect adjacent
property.
SUBSECTION 10.4.2
When required by the authority having jurisdiction, drawings
and specifications shall be provided.
SUBSECTION 10.4.3
Drawings drawn to scale upon paper, cloth or other
substantial material shall be clear and durable, and shall indicate the nature and extent of
the work and proposed occupancy in sufficient detail to establish that when completed the
work and the proposed occupancy will conform to the code and other relevant municipal
by-laws and provincial regulations.
SUBSECTION 10.4.4.(1)
Site plans shall be referenced to an up-to-date survey
and, when required to prove compliance with the code, a copy of the survey shall be
submitted to the authority having jurisdiction.
SUBSECTION 10.4.4.(2)
Site plans shall show when required by the authority
having jurisdiction:
(a) by dimensions from property lines, the location of the proposed building,
(b) the similarly dimensioned location of every other adjacent existing building on the
property, and
(c) existing and finished ground levels to an established datum at or adjacent to the site.
SUBSECTION 10.5
APPROVAL IN PART
SUBSECTION 10.5.1
When in order to expedite work, approval of a portion of
the building is desired prior to the issuance of a permit for the whole building application
shall be made for the complete building and complete drawings and specifications covering
the portion of the work for which immediate approval is desired shall be filed with the
authority having jurisdiction.
SUBSECTION 10.5.2
Should a permit be issued for part of a building, the holder
of such permit may proceed without assurance that the permit for the entire building will
be granted. Work not covered by a permit shall not be commenced.
SUBSECTION 10.6
REVISIONS TO PERMITS
SUBSECTION 10.6.1
After issuance of the permit, application may be made for
revision of the permit, and such applications shall be made in the same manner as for the
original permit.
SUBSECTION 10.7
PERMIT FOR A TEMPORARY
BUILDING
SUBSECTION 10.7.1
Notwithstanding anything contained elsewhere in the code a
permit for a temporary building may be issued by the authority having jurisdiction,
authorizing for a limited time only, the erection and existence of a building or part thereof
for an occupancy which because of its nature, will exist for a short time under
circumstances which warrant only selective compliance with the code. No person shall
erect or place a temporary building without first entering into an agreement with the
municipality and obtaining the required building permit.
SUBSECTION 10.7.2
A permit for a temporary building shall state the date after
which the condition, under which the permit is no longer valid.
SUBSECTION 10.7.3.(1)
A temporary building shall be permitted only for the
following major occupancy classifications in accordance with Table 3.1.1.A of the code:
(a) all Divisions, Group A,
(b) Group D, and
(c) Group E.
SUBSECTION 10.7.3.(2)
A display home or display cottage may also be
classified as a temporary building.
SUBSECTION 10.7.4
A permit for a temporary building may be extended
provided permission in writing is granted by the authority having jurisdiction.
SUBSECTION 10.7.5
A permit for a temporary building shall be posted on the
building.
SUBSECTION 10.7.6
The building permit for a temporary building shall require
the approval of the Chief of the Fire Department and the Medical Health Officer before
issuance.
SUBSECTION 10.7.7
A temporary building shall not exceed one (1) storey in
height.
SUBSECTION 10.7.8
A temporary building shall be permitted for a period not
exceeding one year, on the condition that the owner shall remove the temporary building
before the expiration of specified period of time.
SUBSECTION 10.7.9
The temporary building shall be properly maintained at all
times by the owner.
SUBSECTION 10.7.10 The temporary building shall be subject to any other
conditions that may be specified in the agreement.
SUBSECTION 10.7.11 Temporary buildings to be used in connection with
construction work may be erected without entering into an agreement or obtaining a
permit, but shall be removed by the owner immediately upon completion of the
construction.
SUBSECTION 10.8
FEES
SUBSECTION 10.8.1
Permit fees and all procedures and conditions applicable
thereto shall be established by the authority having jurisdiction and are set forth in
Appendix "A" of the By-law.
SUBSECTION 10.8.2
Inspections fees and all procedures and conditions
applicable thereto shall be as established by the authority having jurisdiction and are set
forth in Appendix "B" of this By-law.
SECTION 11
OCCUPANCY
SUBSECTION 11.1
REQUIREMENTS FOR OCCUPANCY
SUBSECTION 11.1.1
No owner, agent or person in charge shall occupy a building
or part thereof or change the occupancy without first obtaining an Occupancy Permit as set
forth in Subsection 11.2.
SUBSECTION 11.1.2
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 Group
of occupancy, unless such building or structure is made to comply with the requirements of
the code for that Group.
SUBSECTION 11.1.3
An inspection of a site shall be made prior to the issuance of
an Occupancy Permit and a fee shall be charged in accordance with Appendix "A".
SUBSECTION 11.1.4
Every building or structure that requires an Occupancy
Permit shall comply with the construction requirements for the Major Occupancy Group
to be housed therein, except that the authority having jurisdiction may approve an
Occupancy Permit for an existing building or structure which varies in a minor respect
from the regulations of the code, where in his opinion, such a variation will substantially
accomplish the objects of the code.
SUBSECTION 11.2
OCCUPANCY PERMIT
SUBSECTION 11.2.1
An occupancy permit is required:
(a) for any new building, except a single-family dwelling and a two-family dwelling;
(b) for any existing building or structure where an alteration or addition is made thereto,
except for a single-family dwelling and a two-family dwelling;
(c) for a change from one Major Occupancy Group to another or a change from one
Division to another within a Major Occupancy Group of any existing building or
structure, or part thereof, and;
(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.
SUBSECTION 11.2.2
The authority having jurisdiction may approve clearance for
the issuance for 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.
SUBSECTION 11.3
APPLICATION FOR PERMIT
SUBSECTION 11.3.1
To obtain any permit authorized herein, the owner shall file
an application in writing on a prescribed form.
SUBSECTION 11.3.2
All applications for permits shall be accompanied by the
required fee specified in Appendix "A".
SUBSECTION 11.4
OCCUPANT LOAD
SUBSECTION 11.4.1
Notwithstanding anything elsewhere contained in the code,
for each assembly room in a building or structure classified as a Group A Occupancy:
(a) the authority having jurisdiction shall furnish an Occupant Load Placard which can be
easily read from a distance of twenty (20) feet stating the maximum allowable
occupant load as determined by the code;
(b) the owner of the building or structure shall be responsible for keeping the actual
occupant load within the allowable limits;
(c) the owner of the building or structure shall display the Occupancy Load Placard in a
location approved by the authority having jurisdiction.
SECTION 12
REMOVAL, RELOCATION OR DEMOLITION OF
A BUILDING
SUBSECTION 12.1
SUBSECTION 12.1.1.(1)
This section provides regulations for:
(a) the moving of an existing building or structure from a site within the municipality to
another site;
(b) the moving of an existing building or structure and the placing of same at another
location on the same site, and;
(c) the demolition of a building or structure.
SUBSECTION 12.1.1.(2)
Notwithstanding anything elsewhere contained in this
By-law, a building or structure to be moved onto a site in the municipality from a site
outside said area shall comply with the regulations of this By-law for new construction.
SUBSECTION 12.1.2.(1)
The removal or relocation of a building or a
structure shall not be permitted unless all regulations of this By-law for new construction
are complied with unless otherwise approved under 8.17.1.(3).
SUBSECTION 12.1.2.(2)
The demolition of a building shall be subject to the
requirements of Subsection 2.6 of Part 8 of the Code.
SUBSECTION 12.1.3 A building or structure shall not be removed or relocated,
within the municipality, if the building or structure is in the opinion of the authority
having jurisdiction:
(a) in such a state of deterioration or disrepair, or is otherwise so structurally unsafe that
it could not be moved without endangering persons or property, or
(b) structurally unsafe or will vary in appearance from the usual types of buildings at its
new site to such extent as to lessen the desirability for building purposes of land in
the immediate vicinity.
SUBSECTION 12.2
Upon application for a permit to demolish, relocate,
or remove a building or structure, the applicant shall submit a statement that the taxes upon
the land and building or buildings, or structures have been paid in full, and that the land
and building or buildings, or structures have been paid in full, and that the land and
building or buildings, or structures have not been sold for taxes, and if so sold, have not
been redeemed. This provision shall not apply to buildings or structures demolished
under Section 8 of this By-law.
SUBSECTION 12.3
The authority having jurisdiction may request that an
application for a permit to remove, relocate or demolish a building or structure shall
contain one or more of the following:
(a) a description of the building or structure giving the existing location, construction
materials, dimensions, number of rooms and condition of exterior and interior;
(b) a legal description of the existing site;
(c) a legal description of the site to which it is proposed that the building or structure is to
be moved if located within the municipality, and;
(d) a plot plan of the site to be occupied by the building or structure if located within the
municipality.
SUBSECTION 12.4
The owner, or his agent, of a site from which a
building or structure is to be removed or demolished shall:
(a) notify the gas, electric, telephone and water service companies or utilities to shut off
and/or remove their service, and no work shall be carried out until these services have
been shut and/or removed (see Subsection 2.6 of Part 8 of the Code);
(b) plug the sewer line with a concrete stopper eight (8) feet outside the property line,
and;
(c) upon completion of the removal or demolition, put the site in a safe and sanitary
condition to the satisfaction of the authority having jurisdiction.
SECTION 13
LICENSING
SUBSECTION 13.1
PLUMBING CONTRACTOR LICENCE
SUBSECTION 13.1.1
Every person, firm or corporation desiring to carry on the
business of placing, installing, maintaining, repairing, or replacing a plumbing system shall
be described as a plumbing contractor, and the person or some member of the firm or
some official of the corporation shall apply in writing to the authority having jurisdiction for
a license as a plumbing contractor.
SUBSECTION 13.2
QUALIFICATIONS FOR LICENCE
SUBSECTION 13.2.1
Every person or persons so to be licenses as a plumbing
contractormust either be himself a qualified plumber under The Apprenticeship and
Tradesmen's Qualifications Act or employ a sufficient number of persons so qualified
under the said Act.
SUBSECTION 13.2.2
Subject of Article 13.2.1 an examination for a plumbing
contractor may be required when requested by the authority having jurisdiction.
SUBSECTION 13.3
APPLICATION FOR LICENCE
SUBSECTION 13.3.1
Every application for a plumbing contractor's licence shall
give the name and business address of the applicant.
SUBSECTION 13.3.2
If the application is a partnership, the application shall
contain the names and addresses of the various partners of the firm.
SUBSECTION 13.3.3
If the application is a corporation, the names and addresses
of the corporation officers and their corporate titles shall be shown.
SUBSECTION 13.4 LICENCE FEE
SUBSECTION 13.4.1 The fee for a plumbing contractor's licence shall be as
specified in Appendix "C" for the year or fraction thereof for which the same is taken out.
SUBSECTION 13.4.2 All plumbing contractor's licences shall expire on the last
day of December next ensuing and for each ensuing year such person shall pay the annual
fee specified in Appendix "C".
SUBSECTION 13.5
RENEWAL OF A LICENCE
SUBSECTION 13.5.1.(1)
Plumbing contractor's licences shall not be
transferable and must be renewed each year prior to the first day of February, and failure to
renew the licence prior to the first day of February shall preclude the plumbing contractor
from obtaining a renewal licence and he shall thereafter be required to qualify for a new
licence.
SUBSECTION 13.5.1.(2)
The authority having jurisdiction may require that
the application for renewal of a plumbing contractor's licence, or the change of ownership
of a Plumbing Contractor's licence have some member or employee of the firm write the
examination required in Article 13.2.1.
SUBSECTION 13.6
Every person licensed shall give immediate notice to
the authority having jurisdiction of any change in his place of business or in the case of any
firm of its dissolution or, in case of a corporation, of any change in persons holding
corporate offices.
SUBSECTION 13.7
Every plumbing contractor granted a plumbing
contractor's licence shall post the said licence in a conspicuous place in the place of
business of the said contractor.
SUBSECTION 13.8
Every plumbing contractor shall be responsible for
the work of his employees.
SUBSECTION 13.9
The authority having jurisdiction may revoke, cancel
or suspend a plumbing contractor's licence if the licensee violates any of the provisions of
the code.
SUBSECTION 13.10
Subject to the other requirements of this section, a plumbing
contractor's licence may be issued to a commercial or industrial establishment when this
firm has a steadily employed journeyman plumber or person who in the opinion of the
authority having jurisdiction is qualified to perform such work.
SECTION 14
SPECIAL CONSTRUCTION
STANDARDS
SUBSECTION 14.1
STORAGE, HANDLING & USE OF
FLAMMABLE
LIQUIDS
SUBSECTION 14.1.1 Except as otherwise specified herein and elsewhere in this
By-law, the standards for the storage, handling and use of flammable liquids shall comply
with the appropriate Municipal Fire Prevention By-law or in the absence of such by-law,
the Provincial Fire Code.
SUBSECTION 14.1.2 The installation of tanks for the storage of flammable
liquids, either above or below ground or in any building shall have the approval of the
Chief of the Fire Department or if there is no fire department, the approval of the
Provincial Fire Commissioner prior to the issuance of the building permit.
SUBSECTION 14.1.3 Tanks for the storage of Class A flammable liquids may not
be installed under a building and in no case may dispensing devices for such liquids be
installed inside of buildings.
SUBSECTION 14.1.4
Underground storage tanks any repair garage or service
station for the storage of Class A liquids shall not exceed 5,000 gallons capacity each and
the aggregate capacity at any such site shall not exceed 30,000 gallons and in no case shall
there be more than 6 tanks in the aggregate.
SUBSECTION 14.1.5 No tank, or piping attached thereto, installed for the purpose
of handling, storing or conveying flammable liquids, may be covered until the owner or
person in charge of the installation has notified the authority having jurisdiction that the
installation is ready for inspection and approved by him.
SUBSECTION 14.2
SIGNS, GENERAL
SUBSECTION 14.2.1.(1)
Except as varied herein, the following shall not be
subject to the provisions of this Section but shall not relieve the owner or person in control
of such signs from erecting and maintaining the sign in a safe condition:
(a) signs of a duly constituted governmental body, including traffic or similar regulating
devices, legal notices, or warnings at railroad crossings;
(b) signs in display windows including writing, representation, painting or lettering directly
on the surface of any window or door, or other figure or similar character within a
visible from the exterior;
(c) memorial signs or tablets of bronze, brass, stone or other non-combustible materials
when built into or attached to the walls of a building or other structure provided such
tablets bear only the name of the owner, the name or use of the building, the date of
the erection of the building and/or reading matter commemorating a person or event;
(d) signs denoting architect, engineer, contractor of the services and products of the
owner, when placed on construction sites. These signs must be removed on
completion of construction;
(e) signs required to be maintained by by-law or governmental order, rule or regulations;
(f) small signs displayed for the direction of the public including signs which identify
restrooms, freight entrances, and such other similar directional signs;
(g) single or double face unlighted sign or signs appertaining only to the prospective
rental or sale of the property on which it is located;
(h) signs painted directly on the exterior wall of a building.
SUBSECTION 14.3
BUILDING PERMITS FOR SIGNS
SUBSECTION 14.3.1.(1)
No alteration or addition or any erection or re-
erection of signs including any of the accessories shall be made unless the owner of the
building or site upon which such sign is erected or his agent, has obtained a permit.
SUBSECTION 14.3.2.(1)
The application for a building permit as they apply to
signs shall:
(a) be made on the prescribed form;
(b) include in duplicate a plot plan showing the street lines or other boundaries of the
property upon which it is proposed to erect such sign and location thereof upon the
property in relation to the other structures upon such property and upon the premises
immediately adjoining, and;
(c) when required, in duplicate, complete drawings and specifications covering the
construction of the sign and its supporting framework and other information with
respect to the building upon which it is proposed to locate the sign as to determine
whether the structure of such building will carry the additional loads and stresses
imposed thereon by the erection of the sign without exceeding the stress
requirements. Such drawings shall in all cases have marked thereon in figures the
height of such building.
SUBSECTION 14.3.2.(2)
No permit or licence issued pursuant to this By-law,
no approval of drawings or specifications of work done or to be done in connection with a
sign or any inspection of such work shall relieve the permittee, licencee or owner of the
sign from full responsibility for the carrying out of the work and maintaining the sign in
accordance with this or any other by-law of the municipality.
SUBSECTION 14.3.2.(3)
No owner or agent shall interfere in any way
with the authority having jurisdiction or anyone acting under his authority or by his
instructions, in the performance of any of the duties imposed upon him by this By-law.
SUBSECTION 14.3.3.(1)
Unless special permission is obtained from
the appropriate authority having jurisdiction for lesser clearances, all structures including
accessories shall have the following clearances from electrical power lines:
(a) 0 to 750 volts
(i) horizontally-----------------------------------------------------------------1 ft.
(ii) vertically---------------------------------------------------------------------3 ft.
(b) 750 to 22,000 volts
(i) horizontally-----------------------------------------------------------------3 ft.
(ii) vertically----------------------------------------------------------------------8 ft.
© 22,000 to 50,000 volts
(i) horizontally----------------------------------------------------------------5 ft.
(ii) vertically---------------------------------------------------------------------8 ft.
These minimum design clearances apply under conditions of maximum sag and
maximum swing of the conductor for vertical and horizontal clearances respectively.
SUBSECTION 14.3.3.(2)
A clearance of at least 3 ft. shall be
maintained between poles and other fixtures lawfully erected and any part of a structure
and its accessories.
SUBSECTION 14.3.3.(3)
No sign structure shall be erected,
constructed or maintained in any manner which will obstruct any fire escape or any
window or door or opening used as a required means of egress or so as to prevent free
passage from a roof to any other part thereof. No sign structure shall be attached in any
form, shape or manner to a fire escape, nor be placed in such manner as to interfere with
any opening for required light or ventilation.
SUBSECTION 14.4
SIGN SPECIFICATIONS
Awning and Sun Visor Signs
SUBSECTION 14.4.1.(1)
No sign shall be attached in any manner to
awnings or sun visors, except to an awning or sun visor constructed entirely of concrete or
metal and steel, with the design certified by an Engineer entitled to practice in the
Province of Manitoba.
SUBSECTION 14.4.1.(2)
Signs permitted in accordance with Sentence
(1) above shall comply with the regulations for marquee or canopy signs (see 14.4.3).
Hoarding Signs
SUBSECTION 14.4.2
No sign shall be placed on any hoarding except those
permitted in Clauses 14.2.1.(1)(d), (f) and (g).
Marquee and Canopy Signs
SUBSECTION 14.4.3 If any sign other than a projecting sign (as provided in this
By-law) is attached to the roof of a marquee or canopy, placed flat against the face or edge
of the marquee or canopy or erected over or under a marquee or canopy, such sign shall
be constructed in compliance with the following provisions:
(a) construction - the sign construction shall be of non-combustible materials
throughout except that the construction may be equivalent to what is required for the
marquee or canopy construction;
(b) height above grade - the lowest part of any sign attached to the face or edge or under
a marquee or canopy shall be not less than eight feet six inches (8'6") above grade.
(c) projection - no sign attached to a marquee or canopy shall project beyond the face
or edges more than sixteen (16) inches horizontally.
SUBSECTION 14.5
MAINTENANCE OF SIGNS
SUBSECTION 14.5.1.(1)
All signs shall be kept in proper repair and
appearance and in the case of electric signs, the lamps and other electrical apparatus
connected thereto shall be maintained in efficient operative condition.
SUBSECTION 14.5.1.(2)
No owner or agent shall maintain a sign
heretofore erected unless the same be supported in an adequate manner by supports,
braces and guys of suitable size and strength, and properly fastened.
SUBSECTION 14.5.1.(3)
No owner or agent shall maintain or permit
any sign to be maintained including any guys, stay or attachment connected therewith
which interferes with any light, power, telephone, telegraph or transit pole or wire or any
fire escape or any apparatus or appliance connected therewith.
SUBSECTION 14.6
REMOVAL OF SIGNS
SUBSECTION 14.6.1.(1)
All existing signs which are in a safe condition
as far as fire safety, structural and location requirements are concerned may be
maintained, but no such sign when once removed shall be replaced either on the same
building or elsewhere without complying in all respects with the provisions of this By-law.
SUBSECTION 14.6.1.(2)
Any existing sign which is unsafe from the
standpoint of fire safety, structural safety or location may be ordered to be removed. If not
removed or made safe in accordance with the requirements of this By-law, the authority
having jurisdiction may institute condemnation proceedings.
SUBSECTION 14.6.1.(3)
Any owner, firm or corporation who
contravenes or disobeys or refuses or neglects to obey or commits an offence against the
provisions of this Section shall be subject to the penalty set forth in Section 15.
SUBSECTION 14.7
ALTERATIONS
SUBSECTION 14.7.1.(1)
No sign structure shall hereafter be
structurally altered, rebuilt, enlarged, extended or relocated except in conformity with the
provisions of this By-law.
SUBSECTION 14.7.1.(2)
The changing of movable parts of signs that
are designed for changes, or the repainting of display matter shall not be deemed to be
alterations within the meaning of this Section.
SUBSECTION 14.8
CONSTRUCTION AND DESIGN
SUBSECTION 14.8.1
All signs shall be designed and constructed as herein
provided and in accordance with Part 4 of the Code to resist live and dead loads. All
bracing systems shall be designed and constructed to transfer lateral forces to the
foundations. For signs on buildings, the load shall be transmitted through the structural
frame of the building to the ground in such manner as not to overstress any of the elements
thereof.
SUBSECTION 14.8.2
Every sign, hereinafter erected shall be plainly
marked with the name of the contractor or erector, size and weight, voltage and wattage and
said information must be readily visible after its erection.
SUBSECTION 14.8.3
All signs and any of their supporting structures must
be fastened with non-corrosive fasteners or otherwise have the fastening devices protected
from corrosion.
SUBSECTION 14.8.4
Approved combustible plastics may be used in the
construction of signs where, in this By-law it requires non-combustible material, providing
they are only those combustible plastic materials:
(a) which, when tested in accordance with the American Society of Testing Materials,
Standard Method of Test for Flammability of Plastics over 0.050 inches in thickness,
burn no faster than 2.5 inches per minutes in sheets of 0.060 inches in thickness, or
(b) which conform to the Canadian Standards Association Specification of Electric Signs,
C22.2, No. 2.
All electrical signs shall be constructed in accordance with the provisions of the Manitoba
Electrical Code.
SUBSECTION 14.8.5.(1)
All free-standing signs shall be constructed of
non-combustible materials throughout except that:
(a)) signs not exceeding fifteen (15) feet above the surface of the ground at any point may
be constructed of combustible material;
(b) signs not exceeding twenty-give (25) feet above the ground at any point shall be
constructed with non-combustible columns and braces and supports, and may have
the display area including backing of combustible materials.
SUBSECTION 14.8.5.(2)
All free-standing signs exceeding 25 feet in
height above the adjacent finished ground shall be structurally designed by a Registered
Professional Engineer in the Province of Manitoba.
SUBSECTION 14.8.5.(3)
The foundation of all free-standing signs
exceeding 15 feet in height shall be of concrete.
SUBSECTION 14.8.5.(4)
The minimum clearances of free-standing
signs shall be as follows:
(a) no portion of any free-standing sign shall hereafter be erected within one foot of any
property line abutting a street;
(b) no portion of any free-standing sign shall hereafter be erected within 4 feet of any
property line or from a wood frame building which is on the same property, unless
such sign is constructed entirely on non-combustible materials except for the display
area and backing;
(c) no portion of any free-standing sign with structural members of combustible materials
shall hereafter be erected within a distance equivalent to the height of the sign
structure from any property line abutting a street;
(d) there shall be a clearance of at least 4 feet between any portion of a free-standing sign
in front of any required opening in the exterior wall face of a building erected on the
same property;
(e) projections associated with free-standing signs such as guys, stays and other
attachments such as reflectors used to illuminate shall not be permitted less than eight
feet six inches (8'6") above the surface of the ground at any point.
FACIA SIGNS
SUBSECTION 14.8.6.(1)
All facia signs shall be constructed of non-
combustible materials throughout when such signs:
(a) exceed forty (40) square feet on walls required to be of non-combustible construction,
or;
(b) are located more than twenty-five (25) feet above grade, or;
(c) are located within two (2) feet of any window, fire escape or exit above the second
storey floor line.
SUBSECTION 14.8.6.(2)
No facia sign of wood construction may be
erected on any wall of wood frame or of non-combustible construction in locations where
the limiting distance precludes the use of combustible cladding.
SUBSECTION 14.8.6.(3)
No facia sign shall be permitted to be
supported by an unbraced parapet wall unless the structural stability of the parapet wall is
adequate.
SUBSECTION 14.8.6.(4)
Facia signs may project above the top of the
roof or parapet wall immediately adjacent thereto a distance not exceeding thirty-six (36")
inches provided that the means of egress to and egress from the said roof are adequate, and
that the structural stability of the parapet wall is adequate. (Also see 14.3.3(3)).
SUBSECTION 14.8.6.(5)
Projections associated with facia signs such as
guys, stays and other attachments such as reflectors used to illuminate, shall not be
permitted less than eight feet six inches (8'6") above the surface of the ground at any point.
SUBSECTION 14.8.6.(6)
Facia signs shall be securely attached to the
building or structure by means of metal anchors, bolts or expansion screws. Such signs
shall not be fastened by nails or staples to wooden blocks or nailing strips built into
masonry.
ROOF SIGNS
SUBSECTION 14.8.7.(1)
All roof signs, including uprights, supports
and braces and display area shall be of non-combustible construction, except:
(a) that approved combustible plastics may be used as facing materials and as letters and
decorations;
(b) that the display area and molding may be of combustible materials provided such
sign:
(i) is less than twenty-five (25) feet in height measured from the roof surface, and;
(ii) is less than 400 square feet on any one side.
SUBSECTION 14.8.7.(2)
All roof signs exceeding either 250 lbs. in
weight or 100 square feet in area on any one side shall be structurally designed by a
Registered Professional Engineer of the Province of Manitoba.
SUBSECTION 14.8.7.(3)
The dead and live loads of any roof sign shall
be transmitted to concrete foundations by non-combustible walls, columns, beams and
girders, except that timber beams and columns shall be acceptable provided such timber
members shall be creosoted or painted and all connections shall be by means of bolts and
the sign and its supports are designed by a Registered Professional Engineer of the
Province of Manitoba.
SUBSECTION 14.8.7.(4)
Clearance and access about roof signs shall
be as herein provided:
(a) passage clear of all obstructions, except for necessary horizontal supports not more
than 2 feet from the roof surfaces, shall be left under or around and immediately
adjacent to all roof signs exceeding 3 feet above the roof surface. Such passage shall
be not less than 3 feet wide by 6 feet high and shall be at parapet or roof level;
(b) there shall be one such passage or access opening as follows:
(i) for each roof sign upon a building;
(ii) for every fifty lineal feet (50) of horizontal roof sign extension;
(iii) within twenty (20) feet of walls and parapets when roof signs are located at an
angle of 45 degrees or greater to a fact of the building.
(c there shall be a clearance of at least 4 feet between any portion of the roof sign and
any opening in the exterior wall face or roof of the building on which it is erected;
(d) no portion of any roof sign shall be erected within 4 feet of any wood frame wall
extending above the roof line of the same building unless such sign is constructed
entirely of non-combustible material, and that the clearances specified in © above
and 14.3.3.(3) are maintained.
SUBSECTION 14.8.7.(5)
In no case shall a roof sign or any part
thereof including any supports and braces project beyond the exterior surface of the
exterior wall of the building to which it is attached.
PROJECTING SIGNS
SUBSECTION 14.8.8.(1)
All projecting signs including frames, braces
and supports shall be constructed of non-combustible materials except that:
(a) approved combustible plastics (see Article 14.8.4) may be used as facing materials,
letters and decorations;
(b) non-structural members of signs not exceeding twenty square feet (20 sq. ft.) in area
may be of wood, metal, approved plastics or combination thereof.
SUBSECTION 14.8.8.(2)
Covers of the service opening shall be
securely fastened by chains and/or hinges.
SUBSECTION 14.8.8.(3)
Projecting signs shall not be attached or
fastened in any manner to parapet walls unless such signs are designed by a Registered
Professional Engineer of the Province of Manitoba.
SUBSECTION 14.8.8.(4)
Projecting signs weighing more than 250
pounds shall be structurally designed by a Registered Professional Engineer of the
Province of Manitoba.
SUBSECTION 14.8.8.(5)
Projecting signs shall adequately supported
by cables, rods, chains or other approved method. In all cases, each projecting sign
weighing more than 50 pounds shall have at least one approved fastener passing entirely
through the wall or roof of the building to which it is attached.
SUBSECTION 14.8.8.(6)
The "A" frames or other similar methods of
support used in the construction of projecting signs shall not exceed 6 feet in overall
height above an exterior wall.
SUBSECTION 14.8.8.(7)
Unless otherwise approved by the authority
having jurisdiction each cable, rod, chain or equivalent shall have a reputed breaking
strength as specified in Table 14.A.
SUBSECTION 14.8.8.(8)
Projecting signs shall be at least eight feet (8')
above grade.
TABLE 14.A
Breaking Strength of Cable, Rod, Chain, Etc.
For Various Weights of Signs
Weight of Signs
Projection of
Breaking Strength
(lbs.)
Signs
(lbs.)
50 maximum
2 ft. maximum
600
50 maximum
Over 2 feet
1,250
Over 50 but less than 100
Over 2 feet
2,000
Over 100 but less than 250
Over 2 feet
2,500
Over 250 but less than 400
Over 2 feet
3,500
Over 400
Over 2 feet
Design required
Column 1
2
3
SUBSECTION 14.8.9
Where signs and supports are not under design of a
Registered Professional Engineer, the supporting cable and turnbuckles, when use, shall
meet the following minimum requirements. The number of supports and fittings shall be
dependent on the size, shape, projection and loads of the sign and the various loads acting
on same.
TABLE 14.B
Forming Part of 14.8.9.
Galvanized 7 Steel Wire Strand Cable
Nominal Strand Diameter
Breaking Strength
(inches)
(lbs.)
3/16
1,100
1/4
1,800
9/32
2,350
5/16
3,100
3/8
3.750
Column 1
2
TABLE 14.C
Forming Part of 14.8.9
Turnbuckles
Drop Forged -- Galvanized
Diameter of Screw in Inches
Breaking Strength
Eyes and Shackles
(lbs.)
1/4
1,600
5/16
2,700
3/8
4,000
Column 1
2
COMBINATION SIGNS
SUBSECTION 14.8.10
Any combination sign, not specifically allowed by this
By-law, may be permitted provided that the construction of the whole sign complies with
the most restrictive provisions of the type of sign so combined.
WARNING SIGNS
SUBSECTION 14.8.11.(1)
At every vehicle entrance within five (5) feet
of a street right-of-way to any building, except accessory buildings having access from a lane,
there shall be erected in a conspicuous location a projecting sign at least three (3) feet long
by one (1) foot wide bearing the words 'DANGER LOOK OUT FOR CARS" in large red
letters on a white background.
SUBSECTION 14.8.11.(2)
As an alternate to Sentence (1) above, a large
red-coloured globe with the word "DANGER" printed thereon in white letters may be
used in such location so as to be easily legible at all times.
SUBSECTION 14.8.11.(3)
In all cases, such sign or globe shall be
illuminated at all times during the working hours of the premises from sundown
continuously during the night hours.
SUBSECTION 14.9
MARQUEES, CANOPIES AND
AWNINGS
SUBSECTION 14.9.1.(1)
Construction. All marquees and canopies
shall be constructed of non-combustible materials except that where it is attached to an
exterior wall of a building or wood construction and provided such wall does not exceed
two storeys in height, such marquee and canopy construction shall have the equivalent fire
resistance.
SUBSECTION 14.9.1.(2)
Clearances. No portion of a marquee or
canopy shall be less than 8'6" above the sidewalk or established grade.
SUBSECTION 14.9.1.(3)
Drainage. The roofs of all marquees and
canopies shall be drained in such a manner that the water flowing therefrom shall be
carried back into the building.
SUBSECTION 14.9.1.(4)
Thickness. The vertical dimension of a
marquee or canopy shall not be more than five (5) feet.
SUBSECTION 14.9.2
No electrical wiring, illuminated device, electrical
equipment or apparatus shall be attached to or be incorporated in a canopy or awning
except as required for the operation of collapsible awnings or for a sign permitted under
Article 14.4.1.
SUBSECTION 14.10
SWIMMING POOLS
SUBSECTION 14.10.1
For the purposes of this section, any pool containing
water more than 24 inches in depth shall be deemed to be a swimming pool.
SUBSECTION 14.10.2.(1)
All outdoor swimming pools shall be
completely enclosed with a fence constructed in accordance with Sentences (3), (4) and (5)
of this Article and any additional requirements that are necessary in the opinion of the
authority having jurisdiction.
SUBSECTION 14.10.2.(2)
The fence shall be at least five (5) feet in
height. Reference should be made to the applicable Zoning By-laws or Planning Schemes
which also regulate fence heights and thus may indirectly affect the location of the pool.
SUBSECTION 14.10.2.(3)
The outside of the fence shall be such as to
make it difficult to climb except that chain link fabric may be used providing the mesh is
not greater than two inches.
SUBSECTION 14.10.2.(4)
Gates in the fence shall be capable of being
securely locked and shall be so maintained except when a responsible person is in
attendance.
SUBSECTION 14.10.2.(5)
All metallic parts of the swimming pool
including referencing steel shall be electrically grounded in accordance with the
requirements of the Manitoba Electrical Code.
SUBSECTION 14.10.2.(6)
A swimming pool shall not be placed under
or within ten (10) feet horizontally of any overhead electrical wiring except as may be
permitted by the Manitoba Electrical Code.
SUBSECTION 14.10.2.(7)
All electrical installations shall comply with
the requirements of the Manitoba Electrical Code.
SUBSECTION 14.10.2.(8)
Structural and plumbing details shall be in
accordance with the other appropriate requirements of this By-law.
SECTION 15
PENALTIES
SUBSECTION 15.1
OFFENCES AND PENALTIES
SUBSECTION 15.1.1
Any person who contravenes of disobeys, or refuses
or neglects to obey:
(a) provision of the code of this By-law or any provision of any other by-law that, by
this By-law, is made applicable to the municipality or made applicable to
preceedings taken or things done under this By-law, or;
(b) any provision of any By-law, regulations, or order enacted or made by the
municipality for which no other penalty is herein provided, is guilty of an offence
and liable, on summary conviction, to a fine not exceeding one thousand dollars
($1,000.00) in the case of an individual or five thousand dollars ($5,000.00) in the
case of a corporation, or in the case of an individual, to imprisonment for a term
not exceeding six months or to both such a fine and such an imprisonment.
SUBSECTION 15.1.2
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 knowingly 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 the penalty for which provision is made in 15.1.1.
SUBSECTION 15.1.3
In addition to 15.1.1 and 15.1.2 any person or
corporation may be required to observe or perform such terms and conditions as a
magistrate may impose.
SUBSECTION 15.1.4
Where the contravention, refusal, neglect, omission
or failure, continues for more than one day, the person is guilty of a separate offence for
each day it continues.
SECTION 16
EFFECTIVE DATE
SUBSECTION 16.1
This By-law shall come into effect
"November 1
st, 1977".
SUBSECTION 16.2
Any person who carries out work under the
terms of this By-law after it's adoption but before it's effective date, may do so, but such
work shall comply entirely with this code.
RECEIVED FIRST READING on this 31
st day of October A.D. 1977
RECEIVED SECOND READING on this 31
st day of October A.D., 1977
RECEIVED THIRD READING on this 31
st day of October A.D., 1977
DONE AND PASSED in Council assembled this 31
st day of October A.D., 1977.
_____________________________________
Mayor/Reeve
_____________________________________
Secretary-Treasurer