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VILLAGE OF BELLEDUNE
BY-LAW NO. 15-90-1998
BUILDING BY-LAW
The Council of the Village of Belledune, under authority vested in it by section 59 of the
Community Planning Act, enacts as follows:
INTERPRETATION
1.
In this By-law,
(i)
"alter" means, in relation to a building or structure, to make any structural
or other change thereto which is not for purposes of maintenance only;
(ii)
"building inspector" means the building inspector of the commission
appointed by the municipal council;
(iii)
"commission" means the Belledune District Planning Commission;
(iv)
"code" means the National Building Code of Canada of 1995
(v)
"council" means the Municipal council of the Village of Belledune
APPLICATION
2.
This by-law applies throughout the municipality of Belledune.
SCOPE
3.
The purpose of this by-law is
(a)
to prescribe standards for the building, locating or relocating, demolishing,
altering, structurally altering, repairing or replacing, or any combination
thereof, of a building or structure;
(b)
to prohibit the undertaking or continuing of work mentioned in paragraph
(a) in violation of standards prescribed hereby; and
(c)
to prescribe a system of permits for work mentioned in paragraph (a), their
terms and conditions, the conditions under which they may be issued,
suspended, reinstated, revoked and renewed, their form and the fees
therefor.
4.
The National Building Code of Canada 1995 is adopted by reference as follows:
(a)
Parts 1, 2, 7 and 8 apply to all buildings;
(b)
Parts 3, 4, 5 and 6 apply to
(i)
all buildings used for major occupancies classified as
(A)
Group A, assembly occupancies,
(B)
Group B, care or detention occupancies, or
(C)
Group F division 1, high hazard industrial occupancies, and
(ii)
all buildings exceeding 600 m2 in building area or exceeding 3
storeys in building height used for major occupancies classified as
(A)
Group C, residential occupancies,
(B)
Group D, business and personal services occupancies,
(C)
Group E, mercantile occupancies, or
(D)
Group F, Division 2 and 3, medium and low hazard
industrial occupancies.
(c)
Part 9 applies to building or structures of 3 storeys or less in building
height, having a building area not exceeding 600 m2 and used for major
occupancies classified as
(i)
Group C, residential occupancies,
(ii)
Group D, business and personal services occupancies,
(iii)
Group E, mercantile occupancies, or
(iv)
Group F, Division 2 and 3, medium and low hazard industrial
occupancies,
(d)
This code applies both to site assembled and factory-made buildings
APPOINTMENT OF BUILDING INSPECTORS
5.
The Council shall appoint building inspectors who shall exercise such powers and
perform such duties as are provided in this by-law.
BUILDING PERMITS
6.(1) A person shall not undertake or continue the building, locating or relocating,
demolishing, altering or replacing of a building or structure unless a building
permit therefor has been issued pursuant to this section.
(2)
A person seeking to obtain a building permit shall make application in writing to
the building inspector, and such application shall
(a)
be in a form prescribed by the council;
(b)
be signed by the applicant;
(c)
state the intended use of the building or structure;
(d)
unless waived by the building inspector, include, subject to subsection (7),
copies in duplicate of the specification and scale drawings of the building
or structure with respect to which the work is to be carried out, showing
(i)
the dimensions of the building or structure,
(ii)
the proposed use of each room or floor area,
(iii)
the dimensions of the land on which the building or structure is, or
is to be, situated
(iv)
the grades of the streets and sewers abutting the land mentioned in
subparagraph (iii), and
(v)
the position, height and horizontal dimensions of all buildings or
structures on, and those proposed to be located on, the land
referred to;
(e)
set out the total estimated cost of the proposed work;
(f)
include a copy of the deed of the land mentioned in subparagraph (iii); and
(g)
contain such other information as the building inspector may require for
the purpose of determining compliance herewith.
(3)
Where
(a)
an application mentioned in subsection (2) has been received, and
(b)
the proposed work with this by-law and any other applicable Act of the
Legislative Assembly or regulation made thereunder, and all other
applicable by-laws, the building inspector shall issue the building permit
requested.
(4)
A building permit issued pursuant to subsection (3) shall be subject to the
following conditions:
(a)
the work mentioned in the building permit shall be commenced within six
months from the date of issue of the building permit;
(b)
the work mentioned in the building permit shall not be discontinued or
suspended for a period in excess of one year, or such a manner that any
exterior surface intended to be cladded remains uncladded for more than
two months, and
(c)
the work mentioned in the building permit shall be carried out, unless
otherwise approved by the building inspector, in compliance with the scale
drawings and specifications contained in the application for the building
permit.
(5)
Where a person violates a condition mentioned in subsection (4) or any provision
of this by-law, the building inspector may, by written notice served personally on
or sent by registered mail to the person named in the building permit, state the
nature of the violation and order the cessation thereof within a reasonable time
mentioned in the notice.
(6)
Where a person fails to comply with an order mentioned in subsection (5), the
building inspector may suspend or revoke the building permit and may, if the
violation leading to the suspension is subsequently corrected, reinstate the
suspended building permit.
(7)
Specifications and scale drawings mentioned in subsection (2) for a building
permit in respect of a building referred to in paragraph (b) of section 3 shall not be
considered by the building inspector unless they bear an engineer's or architect's
professional seal, dated and signed, of a member in good standing with the
Engineering or Architect Association of New-Brunswick.
(8)
Where work is designed as per subsection (7), a certificate of completion may be
required by the building inspector after the work is completed, specifying that it
meets with applicable code and regulations.
RESPONSIBILITY OF PERMIT HOLDER
7 (1)
Where a building permit has been issued, the person named in the building permit
shall give to the building inspector:
(a)
at least forty-eight hours notice of his intention to start the work
authorized by the building permit;
(b)
notice of the placement of a foundation wall below the land surface at
least twenty-four hours prior to any backfilling of the excavation;
(c)
notice of the completion of the work described in the building permit
within ten days of such completion; and
(d)
such other information as may be required hereunder.
(2)
Where tests of any materials are made to ensure conformity with the requirements
of this by-law, records of the test data shall be kept available for inspection during
the carrying out of the work authorized.
(3)
The approval of plans or specifications, the issuing of a building permit or any
inspection hereunder do not relieve a person of any duty or responsibility for
carrying out works in accordance with this by-law.
DOCUMENTS ON THE SITE
8.
During the carrying out of the work authorized by a building permit, the person
named therein shall keep posted in a conspicuous place on the property in respect
of which the building permit was issued
(a)
a copy of the building permit or a poster or placard in lieu thereof; and
(b)
a copy of any plans and specifications approved by the building inspector.
TESTS
9.
The building inspector may at any moment during the construction
(a)
direct that tests of materials, 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 if any material, device, construction or
foundation condition meets the requirement of this by-law; and
(b)
revoke, suspend or refuse to issue a building permit where, in his opinion,
the results of the tests or proofs referred to in paragraph (a) are not
satisfactory.
RECORDS
10.
The building inspector shall keep proper records of all applications received,
permits and orders issued and inspections and tests made and shall retain copies
of all papers and documents connected with the administration of his duties.
COPY OF CODE AVAILABLE
11.
The building inspector shall keep one copy of the Code available for public use,
inspection and examination.
FEES
12 (1) Subject to subsection (3), no permit may be issued hereunder until the fees set out
in subsection (2) have been paid in full to the commission on behalf of the
municipality.
(2) Where the total estimated cost of the work, including both labour and material is
(a)
less than $1000.00, a fee of $10.00;
(b)
in excess of $1000.00, the fee is $10.00 for the first $1000.00 plus $1.25
for each additional $1000.00.
(3) Where the building inspector has reason to believe and does believe that an
estimate mentioned in subsection (1) is unreasonable, he may refuse to issue the
permit.
ABROGATION
13.
By-law no. 15-90, the "Building By-law" is repealed.
EFFECTIVE DATE
14.
The present by-law comes into force when filed in the registry office.
FIRST READING
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SECOND READING
____________________________
THIRD READING
____________________________
ADOPTION
____________________________
_____________________________
_____________________________
Clerk/Treasurer
Mayor
Filed on the __________day of ___________19_____, under number_______________.