Rural Municipality of St. François Xavier, Manitoba
· No. 1-2019
· adopted 2019-03-19
· summary & facts
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BY-LAW 1-2019
Page 1 of 10
THE RURAL MUNICIPALITY OF ST. FRANÇOIS XAVIER
BY-LAW NO. 1-2019
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ST. FRANÇOIS
XAVIER TO PROVIDE FOR THE ADOPTION OF PROVINCIAL CODES,
THE
APPOINTMENT
OF
A
BUILDING
INSPECTOR,
THE
ADMINISTRATION AND ENFORCEMENT OF THE BUILDING PERMIT
SYSTEM AND TO REPEAL BY-LAW 9-2013
WHEREAS:
A. The Rural Municipality of St. François Xavier Zoning By-law regulates the construction
of buildings within the Rural Municipality of St. François Xavier (the "Municipality")
and requires that development permits be obtained before such work may be commenced.
B. Pursuant to The Buildings and Mobile Homes Act the Municipality is required to adopt
and enforce The Manitoba Building Code.
C. The Council of the Municipality (the "Council") wishes to provide for the appointment of
a building inspector and provide for a system of building permits that harmonizes the
administration of the Zoning By-law.
NOW THEREFORE the Council in meeting duly assembled enacts as a by-law the following:
Interpretation
1.
In this by-law,
"AHJ" means/refers to the "Authority Having Jurisdiction"
"Building" means a structure used or intended to be used in supporting or sheltering any
use or occupancy;
"Code" means The Manitoba Building Code, The Manitoba Fire Code, or The Manitoba
Plumbing Code.
"Owner" means the registered owner of the land;
"Renovate" means to reconstruct part or all of the interior or exterior of a building
without enlargement or structural alteration.
2.
Schedule A & B forms part of this by-law.
Adoption of Codes
3.
The Municipality adopts The Manitoba Building Code, The Manitoba Fire Code, and The
Manitoba Plumbing Code, as provided for in the Province of Manitoba's Regulations
164/98, 163/98 and 161/98 respectively.
4.
If the Province of Manitoba replaces a Code or makes amendments to it, the Municipality
adopts such amendments automatically, without further action by Council.
Building permit required
5.
No person shall construct, erect, place, enlarge, structurally alter, renovate, demolish,
relocate, remove or change the occupancy of a Building without first obtaining a building
permit.
6.
A building permit is not required for a utility shed up to 120 square feet in area and 8 feet
in height but an application for a building permit must be completed and filed with the
Municipality in order to ensure compliance with the requirements of the Zoning By-law.
BY-LAW 1-2019
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7.
Where a building permit is required, no preparatory work, including excavation, may take
place on the land before the permit is obtained.
8.
A building permit issued by the Municipality satisfies the Zoning By-law requirement for
a development permit.
Application for building permit
9.
Where the Building is of a class for which the building permit is administered by the
Province of Manitoba, an application for a building permit must be made to the Office of
the Fire Commissioner and that office shall administer that building permit. A
development permit for the Building must be obtained from the Municipality in
accordance with the Zoning By-law.
10.
An application to the Municipality for a building permit may be made by the owner or a
person authorized in writing by the owner. The application must include:
(a)
a completed and signed application form;
(b)
information as to the location and intended purpose of the Building;
(c)
a stamped engineered plan or plans showing the dimensions of the Building or
work and bearing the name and business address of the designer;
(d)
plans and specifications of the proposed work in sufficient detail to show that the
proposed Building or work complies with this by-law, the Codes, the Zoning By-
law and any other requirements as set by the Municipality;
(e)
a statement of the applicant's estimated value of the work proposed;
(f)
if the application is for a Residence, Ready-to-Move Residence or a Commercial,
Recreational or Church Building, a Surveyor's Staking Certificate, including a
Site Plan, issued by a registered Manitoba Land Surveyor;
(g)
the deposit set out in Schedule A; and
(h)
the fee set out in Schedule A.
11.
The fee is to be based on the building inspector's and/or the municipality's estimate as to
the estimated value of the proposed work. If, upon completion of the work, the building
inspector is satisfied on the basis of documents provided by the applicant that the value
was lower than the building inspector's estimate, then the fee will be adjusted and a
refund paid to the applicant by the Municipality.
12.
If the requirements of the building permit, this by-law, other by-laws, or other conditions
required by the Municipality or the building inspector are not satisfied, the deposit set out
in paragraph 10(g) shall be used to pay Municipality's legal, engineering or other costs of
ensuring compliance with these requirements. The balance of the deposit will be returned
to the applicant after final inspection, less any costs incurred by the Municipality for
extra inspections and/or damage to Municipal property including roadways and ditches or
the costs of correcting any violation of the terms of the building permit or other terms as
may have been set by the Municipality.
13.
Applications for a building permit and the documents submitted to support the
application are the property of the Municipality.
14.
If the building inspector determines that site conditions, building size or building
complexity warrant it, the building inspector may require an applicant to submit with an
application the following additional documents:
(a)
structural, electrical, mechanical or fire suppression drawings prepared and sealed
by an architect or professional engineer with relevant expertise or experience; or
(b)
a surveyor's certificate.
BY-LAW 1-2019
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If additional documentation is required by the building inspector, the application is not
complete until such additional documents are received by the Municipality.
15.
A building permit for a new building will not be issued until appropriate culverts and
crossings have been installed and inspected to the satisfaction of the Municipality.
16.
If the application and the associated documentation supplied with it, confirm to the
satisfaction of the building inspector that the proposed Building, work or use does not
contravene this by-law, a Code, the Zoning By-law, other by-laws or the laws and
regulations of the Province of Manitoba, the building inspector may issue a building
permit to the applicant.
17.
A building permit is issued in the name of the owner and, where the applicant is not the
owner, to the owner and the applicant jointly.
18.
A building permit may be issued subject to conditions (including the requirement of an
agreement between the owner and the Municipality) for the purposes of
(a)
administration of this by-law;
(b)
ensuring compliance with this by-law, a Code, the Zoning By-law, other by-laws
or the laws and regulations of the Province of Manitoba;
(c)
efficient provision of municipal services and protection of municipal property; or
(d)
proper site safety, maintenance and clean-up.
19.
An owner or applicant to whom a building permit has been issued may request the
building inspector approve alterations to plans and specifications. On receipt of such
request the building inspector may suspend the issued building permit and request and
additional fee for the review and approval of the alterations.
20.
In the event that all of the conditions of a building permit including inspections and the
issuance of a final inspection / occupancy permit, if required, are not met by the permit
holder within 3.5 years (42 months) of the issuing date of the building permit, the
deposit shall be forfeit and shall become the property of the Municipality. The permit
holder may request an extension of the original permit deadline for the fee as per
schedule "A", paragraph 10(g).
21.
In the event of a change of ownership, the deposit shall be considered to be the property
of the new owner as of the date of legal ownership. Section 20 would apply.
Performance agreements
22.
An owner must enter into a performance agreement with the Municipality prior to
obtaining a permit for moving a building (except a mobile home or factory built building)
from a site within or outside the Municipality to a site in the Municipality (except within
"AL" Agricultural Livestock Zone).
Occupancy Requirements
23.
An owner must obtain an occupancy permit from the building inspector prior to making
use of the Building, other than for a single family dwelling. An occupancy permit may be
issued when the following conditions are satisfied:
a. successful compliance with all conditions set out in the building permit;
b. in the case of a multiple family dwelling, a Building Location Certificate, including
proof of building elevation, and where applicable lot grading elevations are required,
issued by a registered Manitoba Land Surveyor has been received by the
Municipality; and
c. successful compliance with any other condition of occupancy that has been imposed
by either Council or the building inspector.
24.
In the case of a single family dwelling, occupancy is not allowed until the following
conditions are satisfied:
BY-LAW 1-2019
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a. successful compliance with all conditions set out in the building permit;
b. a Building Location Certificate, including proof of building elevation, issued by a
register Manitoba Land Surveyor has been received by the Municipality; and
c. successful compliance with any other condition of occupancy that has been imposed
by either Council or the building inspector
Building inspector
The office of the building inspector is established to carry out the powers, duties and
functions of a designated officer under this by-law.
25.
The person appointed as development officer by the Municipality is deemed to be the
building inspector under this by-law, without further action by Council. If the planning
district has appointed a building inspector, that building inspector shall also be included
as a building inspector under this by-law, without further action by Council.
26.
The building inspector must
(a)
administer this by-law;
(b)
keep records of applications and plans received, inspections and tests made,
permits and orders issued, and all other reports and documents connected with the
building inspector's functions;
(c)
examine and process applications and plans received by the Municipality;
(d)
make inspections of buildings and premises when requested at an appropriate
stage of construction and with reasonable advance notice.
27.
The building inspector shall have the following powers:
(a)
the powers of inspection and enforcement under Division 3, Part 7 of The
Municipal Act;
(b)
the power to order work on a building or premises to stop if a building permit has
not been obtained;
(c)
the power to order work on a building or premises to stop until a condition is
rectified, if in the building inspector's opinion;
(i)
work is being carried out not in compliance with the building permit, plans
submitted, a condition under which a building permit was issued, an
agreement, a Code, the Zoning By-law, another by-law or the laws or
regulations of the Province of Manitoba, or
(ii) there is an unsafe condition;
(d)
the power to revoke a building permit if;
(i)
it was issued in error;
(ii) the applicant submitted false or misleading information;
(iii) the work has not started within 6 months of the building permit being issued;
(iv) work is discontinued for a year;
(v) a condition under which the building permit was issued has not been met;
(vi) there is contravention of an agreement required pursuant to paragraphs 18 or
20 herein; or
(vii) there is unauthorized deviation from the approved plans and specifications.
BY-LAW 1-2019
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(e)
the power to prohibit occupancy of a building if in the building inspector's
opinion:
(i)
there is a breach of this by-law, a Code, the Zoning By-law, a condition
under which a building permit was issued, an agreement, another by-law or
the laws and regulations of the Province Manitoba; or
(ii) there is an unsafe condition.
Owner's responsibilities
28.
An owner must ensure that construction complies with this by-law, a Code, the Zoning
By-law, a condition under which a building permit was issued, an agreement, another by-
law or the laws and regulations of the Province of Manitoba. The issuance of a building
permit and inspection by the building inspector do not relieve the owner of this
responsibility.
29.
The owner is liable for the cost of repairing damage to municipal property (including
roads) occurring in the course of Building work or the moving of a Building. If the
holder of a permit is not the owner, both the holder and the owner have this liability,
jointly and severally.
30.
An owner must, during construction keep the building permit with approved plans and
specifications in a conspicuous place on the premises.
31.
An owner and the holder of a building permit must comply with any order of the building
inspector, any condition under which a building permit was issued, or any agreement
pursuant to this by-law.
32.
No person shall make a false or deliberately misleading statement in an application, plan
or other document.
33.
No person shall obstruct or interfere with a building inspector's performance of the
functions of a building inspector under this by-law or a Code.
Review
34.
An owner, an applicant, or a holder of a building permit may request that Council review
a decision or order of the building inspector, by giving a written notice to the Chief
Administrative Officer within 14 days of receiving the decision or order.
35.
Upon receiving a request for review, the Chief Administrative Officer must set a date and
time for the review by Council, and notify the person of the date of the review.
36.
At the time and place set out in the notice, Council will convene the review. The person
who made the request may appear in person or by counsel. After reviewing the order,
Council may confirm, vary, substitute or cancel the decision or order.
Offence and costs
37.
A person who contravenes this by-law or a Code, including an owner on whose land a
contravention takes place, is guilty of an offence and is liable to:
(a)
a fine of not more than $1000;
(b)
a penalty equal to the cost of enforcement, to a maximum of $2500; and
(c)
in the case of a contravention of section 7, a penalty equal to the building permit
fee.
38.
The following amounts may be collected and enforced by the Municipality in the same
manner as a tax may be collected or enforced under The Municipal Act:
(a)
a fine or penalty imposed on conviction;
(b)
the cost of repairing damage to municipal property (including roads) that occurs in
the course of building work or moving a building; or
BY-LAW 1-2019
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(c)
the cost of any action taken under this by-law associated with the conduct giving
rise to the offence or related to enforcement under this by-law.
District-wide zoning by-law
39.
If the planning district adopts a district-wide zoning by-law under The Planning Act
replacing the Municipality's Zoning By-law, reference in this by-law to the
Municipality's Zoning By-law shall be deemed to automatically mean the planning
district's Zoning By-law, without further action by Council.
Repeal and transitional
40.
By-law No. 9-2013 is repealed.
41.
Permits, orders and decisions made under the repealed by-law remain in effect, unless
revoked or changed under this by-law.
42.
An application for a building permit that was made under the repealed by-law but not
granted continues under this by-law.
DONE AND PASSED by the Council of the Rural Municipality of St. François Xavier, in
Council duly assembled this 19th day of March, A. D. 2019
_________________________
Rick Van Wyk
Reeve
(SEAL)
_________________________
Shelley Jensen
Chief Administrative Officer
Read a first time this 5th day of March A. D. 2019
Read a second time this 19th day of March A. D. 2019
Read a third time this 19th day of March A. D. 2019
BY-LAW 1-2019
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Schedule "A"
Bylaw No. 1-2019 BUILDING PERMIT FEES
1.
Deposit
A deposit of $3, 000.00 must be paid for per building permit applications for Residences, Ready-
to-Move Residences, and Commercial, Recreational and Church Buildings. The fee must be paid
for per building permit applications for the addition to, structural alteration of, repair or
renovation of a building or structure where the value of assumed work is over $100,000.05
A deposit of $1, 500.00 must be paid for per building permit applications for the construction of,
the addition to, structural alteration, repair or renovation of a building or structure where the
value of assumed work is over $25,000.05 and up to $100,000.00
A deposit of $750.00 must be paid for per building permit applications for the construction of,
the addition to, structural alteration, repair or renovation of a building or structure where the
value of assumed work is between $5,000.00 and $25,000.00
A deposit or the remainder thereof is to be returned once the Building Inspector has reviewed
and signed off on the building permit as being completed.
The deposit or a portion thereof (as per section 7), shall be forfeited when:
- any inspections deemed required during the construction process have been
neglected, omitted or left incomplete for any reason;
- when Final Inspection has failed by the designated employee, officers, or employees of
the municipality;
- construction is not completed within forty-two (42) months from the time of the permit
being issued.
2.
Building Permits - Residential
This section applies to the construction, erection, placement, alteration, repair or renovation of a
building or structure, based on the following table -
$0 - 100,000 of estimated value (see below)
0.80 % of value
Balance over $100,000
0.55 % of value
Minimum fee, unless otherwise stated
$100
Assumed construction values for estimating
Finished 'floor' space on any level of structure
$50.00 ft2
Unfinished attached structures
$40.00 ft2
eg. Unfinished garages & basement
Additions/renovations including mobile homes
$50.00 ft2 finished space
$40.00 ft2 unfinished space
Existing dwellings being relocated
$40.00 ft2
(includes foundation)
plus administration fee of $75
Replacement of foundations, basement, piles,
$40.00 ft2
grade beam and under-pinning
Detached accessory structures
$30.00 ft2
Open porches or decks
$15.00 ft2
BY-LAW 1-2019
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Fire damage of structure
$30.00 ft2
repairs -replacement
Ready to move dwellings built in
$40.00 ft2
the Planning District
Ready to move dwellings built outside the
$45.00 ft2
Planning District (includes foundation)
plus administration fee of $75
Temporary building placement
$25.00 per month
Mobile home - outside of any mobile home park
$40.00 ft2 finished space
Minimum fee
$175.00
Outside swimming pools, in-ground or above-ground
$125.00
(2 ft. or more in depth) including surrounding deck
Development permit
$75.00
Demolition - any building/structure or part thereof
$75.00
3.
Building Permits - Commercial & Industrial
Valuation is as per contract
$0 - 100,000
1.% of value
Balance Over $100,000
0.6% of value
Minimum building permit fee
$200.00
Fire Damage
0.6% of contract
Development Permit
$200.00
4.
Building/Development AG Permits - Farm
Valuation is as per contract
$0 - 100,000
.8% of value
Balance Over $100,000
0.6% of value
Minimum building permit fee
$100.00
Granaries
$100.00 per structure
Fire Damage
0.6% of contract
Development permit
$100.00
5.
Plumbing Permits
Per fixture, including floor drain, roof vent and laundry
$17.00
standpipe. Does not include rough-ins for future fixtures
Minimum fee
$75.00
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6.
Occupancy & Inspections
Where a building permit is required pursuant to zoning regulations for the use of a building,
structure or land, the fee for an occupancy permit shall be as follows:
Occupancy permit
$0.00
Interim Occupancy permit
$50.00
Penalty charge occupying building prior to occupancy permit
$250.00
being granted
7.
Penalty Fees
Where for any reason, an inspection relating to the permit,
$150.00 per incident
is missed, as determined by the AHJ, the fine is to be paid by
the party responsible or deducted from the deposit as required.
Where for any reason, a permit is not obtained before the commencement of the work for which
a permit is required, the applicable fee or fees are doubled.
8.
Special Inspections
Any inspection requested and provided for where a building permit was issued, and conducted
outside of regular office hours
Fee:
$55.00 per hr. plus mileage
(at current municipal rate)
Inspection of any structure being relocated to the Planning District
Fee:
$55.00 per hr. plus mileage
(at current municipal rate)
9.
Building Permit Reports
Building permit report/work orders
$75.00
10.
Building Permit Yearly Extension
Whenever a building permit is about to expire, a permit holder may request an extension PRIOR
to the existing deadline. This will be considered on an individual basis for a one-year extension.
Fee:
$250.00
11.
Refunds
Whenever a permit is revoked or voluntarily surrendered, and the application has not been
processed, there is no charge.
If the application has been processed, a refund will be made less 20% of the permit fee and less
$75.00 per inspection completed.
12.
Sign Permits
Fee:
$50.00
BY-LAW 1-2019
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Schedule "B"