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First enacted October 12, 2010, repealed and amended October 8, 2019
1
Repealed and Amended February 11, 2020
TOWN OF FLORENCEVILLE-BRISTOL
BY-LAW NO. 14
BUILDING BY-LAW
Be it enacted by the Council of the Town of Florenceville-Bristol under authority vested in it under
Section 62 of the Community Planning Act, Chapter 19, R.S.N.B. 2017 and amendments thereto
replaces the Building By-law enacted October 12, 2010 with the following by-law:
1.0
TITLE, APPLICATION AND DEFINITIONS
1.1
By-law No. 14, The Town of Florenceville-Bristol Building By-law, is hereby adopted.
1.2
This By-law may be cited as "The Town of Florenceville-Bristol Building By-Law".
1.3
This By-law applies within the Town of Florenceville-Bristol municipal boundaries as
outlined in Regulation 85-6 under the Municipalities Act.
1.4
The legislative provisions and schedules below form an integral part of this By-law.
2.0
INTERPRETATION
2.1
Metric Measurements
For the purposes of convenience, the measurements contained in this By-law include both
Metric and Imperial, of which only the Metric numbers shall be the measurements formally
adopted in this By-law. Measurements may be abbreviated in the following manner:
(a)
metres or m;
(b)
feet or ft;
(c)
square metres or m2;
(d)
square feet or ft2;
(e)
inches or in;
(f)
centimetres or cm; and
(g)
millimetres or mm.
2.2
Interpretation in this By-law
In this By-law:
(a)
the words "shall" and "must" are mandatory and not permissive;
(b)
the word "may" is to be construed as permissive and empowering;
(c)
the word "required" is to be construed as a compulsory obligation;
(d)
words used in the present tense shall include the future;
(e)
words used in the singular number shall include the plural and words used in the
plural number shall include the singular;
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
(f)
words using masculine gender include feminine gender and words using feminine
gender include masculine gender; and
(g)
words in either gender include corporations.
2.3
The Use of Italics and Underlining
2.3.1 The use of italics in the Building By-law identifies words that have specific definitions under
Section 1.2 and is intended to make the By-law easier to use and shall not be considered to
impact the use, intent, implication, application or definition of any word contained within
this By-law.
2.3.2 Should a word with a definition under Section 1.2 of this By-law not be italicized, or vice
versa, it shall not impact the required compliance with any standard, provision or
requirement of this By-law.
2.3.3 Words that have been underlined and italicized indicate a specific piece of Federal or
Provincial legislation.
2.4
Definitions
In this By-law, words used which are not defined herein but are defined in the National
Building Code of Canada, shall have the same meaning as defined therein:
"ACCESSORY BUILDING OR STRUCTURE"
Means a detached building or structure not used for human habitation, the use of which is
naturally customarily incidental and subordinate to, or exclusively devoted to the main use,
building or structure and located on the same lot therewith and shall also mean and include a
detached private garage or detached carport but which does not include children's play structures
or patios and decks associated with a dwelling.
"AISLE"
The area used by motor vehicles for access to and from all off-street parking spaces, but does not
include an access or egress driveway.
"ALTER OR ALTERATION"
Means, as applied to a building or structure or part thereof:
(i)
a change or rearrangement in the structural parts or means of egress;
(ii) an enlargement, whether by extending the side, front or rear of a building or structure;
(iii) by increasing the height; and/or
(iv) in the moving from one location or position to another.
"ARTERIAL STREET"
Means a street or road with the primary function to move large volumes of through traffic with
limited direct access to adjacent development.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
"BUILDING"
A structure having a roof supported by columns or walls or supported directly on the foundation
and used for the shelter or accommodation of persons, animals or goods.
"BUILDING INSPECTOR"
Means the Building Inspector appointed by Council.
"BUILDING PERMIT"
A permit that is issued and monitored until the completion of a building or structure by the Town's
Building Inspector. In order to receive and retain a building permit, a building or structure must
meet all applicable requirements of all Town By-laws to receive approval from the Building
Inspector.
"CODE"
Means the most recently adopted National Building Code of Canada, including any amendments,
revisions and errata subsequently issued thereto.
"COLLECTOR STREET"
Means a street or road with the functions of providing land access and traffic movement as equal
importance.
"COMMUNITY PLANNING ACT"
Synonymous with 'the Act' and means the Community Planning Act, Chapter 19, R.S.N.B. 2017
and any amendments thereto.
"DEVELOPER"
Means an individual or corporation seeking to obtain a variance, a rezoning or the approval of a
building permit, a subdivision plan, or who enters into a subdivision agreement with the Town.
"DEVELOPMENT"
Means development as defined in the Community Planning Act, Chapter 19, R.S.N.B. 2017 and
amendments thereto.
"DEVELOPMENT OFFICER"
Means the Development Officer appointed by Council.
"DRIVEWAY"
Means that portion of a lot used to provide vehicular access from a street to a parking space, aisle,
or to an off-street parking or loading area located on the same lot.
"DWELLING"
A building designed for residential occupancy and contains one or more dwelling units but which
does not include a recreational vehicle, hotel or motel.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
"DWELLING UNIT"
One or more rooms used or intended to for use by one or more individuals living as a single
housekeeping unit, with a separate kitchen and sanitary facilities provided for the exclusive use of
such individuals and with a private entrance from outside the building or from a common hallway
or stairway inside.
"FRONT YARD"
A yard extending across the full width of a lot between the front lot line and the nearest wall of
any main building or structure on the lot; and "required front yard" or "minimum front yard"
means the minimum distance required by the Zoning By-law between the front lot line and the
nearest main wall of any building or structure on the lot.
Figure 1.1: Example of Required Front Yard
"GRADE"
Means the finished level of the ground at the exterior walls of a building or structure.
"HEIGHT"
Means in relation to a building or structure, the vertical distance as measured from mean grade to
the highest point of such building or structure but does not include:
(a) towers associated with a fire station;
(b)
ornamental roof construction features including towers, steeples or cupolas; and
(c)
mechanical features such as air conditioning units or similar features.
"LOADING SPACE"
An off-street space or berth on the same lot as a building or contiguous to a building or group of
buildings, for the temporary parking of a commercial vehicle while loading and unloading
merchandise or materials and which is connected to a public street by an appropriate access.
"LOT"
A parcel of land or two or more adjoining parcels held by the same owner used or intended to be
used as the site for a building or an appurtenance thereto, whether or not such lot is shown on a
filed subdivision plan or is the subject matter of a separate deed or a separate description in a deed.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
"MAINTENANCE"
Means upkeep that is a cosmetic, non-structural repair.
"MEAN GRADE"
Is the average elevation of the finished ground level around the exterior walls of a building or
structure.
"MULTPLE-UNIT DWELLING"
Synonymous with 'apartment building' and means a building or portion thereof, other than a
rowhouse, hotel or motel, containing four (4) or more dwelling units.
"OCCUPANCY"
Means the use, or intended use, of a building or part thereof, for the shelter or support of persons,
animals or property.
"OWNER"
Means the beneficial owner, and where applicable, means the owner of the fee simple or if such
property is held subject to a mortgage, it means the owner of the equity of redemption and if title
shall be held in joint tenancy or tenancy in common, it means each of such owners jointly and
severally.
"PARKING SPACE"
Means an area for the temporary parking, or storage of motor vehicles, and which has adequate
access to permit ingress and egress of a motor vehicle to and from a street or highway by means of
driveways, aisles, and or maneuvering areas.
"PERSON"
Includes an individual, association, firm, partnership, corporation, trust, incorporated company,
organization, trustee, or agent, and the heirs, executors, or other legal representatives of a person
to whom the context can apply according to law.
"REAR YARD"
A yard extending across the full width of a lot between the rear lot line and nearest wall of any
main building or structure on the lot; and "required rear yard" or "minimum rear yard" means the
minimum distance required by the Zoning By-law between a rear lot line and the nearest main
wall of any building or structure on the lot.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
Figure 1.2 : Example of Required Rear Yard
"SIDE YARD"
A yard extending between the front yard and the rear yard between a side lot line and the nearest
main wall of any building on the lot; and 'required side yard' or 'minimum side yard' means the
minimum distance required by the Zoning By-law between a side lot line and the nearest main
wall of any building or structure on the lot.
Figure 1.3: Example of Required Side Yard
"SINGLE-FAMILY DWELLING"
Means a detached building or portion thereof, other than a tourist home, a mobile or mini-home,
travel trailer, or recreation vehicle designed and is used exclusively for residential purposes by one
(1) family.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
"STOREY"
Means that portion of a building included between the surface of any floor and the surface of the
floor next above it, or if there is no floor above it, then the space between such floor and the
ceiling next above it.
"STREET OR ROAD"
Means the whole and entire right-of-way of every highway, road, or road allowance vested in the
Government of Canada, Province of New Brunswick, or the Town of Florenceville-Bristol.
"STRUCTURE"
Means anything that is erected, built or constructed of parts joined together or any such erection
fixed to or supported by the soil or by any other structure. A structure shall include buildings,
walls, signs, fences exceeding 2 m (6.56 ft) in height and other similar erections. It does not
include utility lines or poles, traffic control devices, pavement, curbs, sidewalks, or statutory
notices.
"SWIMMING POOL"
A tank or other structure, including inflatable pools and artificially created bodies of water, at least
in part, the container of which is constructed of cement, plastic, fiberglass, concrete or similar
materials, located outdoors, having a depth of water greater than 0.5 m (1.6 ft) and intended
primarily for bathing, swimming, or diving, but does not include a natural, dug or dammed pond
primarily intended for aesthetic or agricultural purposes.
"TOWN"
Means the Town of Florenceville-Bristol.
"LOT WIDTH"
Means:
(i)
where the side lot lines are parallel, the distance measured across the lot at the street line;
or
(ii) where the side lot lines are not parallel, the distance measured across the lot at the required
front yard.
"WORK"
Means the building, locating or relocating, demolishing, altering, structurally altering, repairing or
replacing, or any combination thereof, of a building or structure.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
3.0
SCOPE
3.1
The purpose of this By-law is:
(a)
to prescribe standards for the building, locating or relocating, demolishing, altering,
repairing, or replacing, or any combination thereof, of a building or structure;
(b)
to prohibit the undertaking or continuing of work mentioned in section 3.1(a) in
violation of standards prescribed hereby; and
(c)
to prescribe a system of permits for work mentioned in section 3.1(a), their terms and
conditions, the conditions under which they may be issued, suspended, reinstated,
revoked and renewed, their form and fees therefore.
4.0
ADOPTION OF CODE
4.1
Except as may be otherwise stated in this By-law, the provisions of the most recent version
of the National Building Code of Canada shall apply.
4.2
Notwithstanding section 4.1, no penalty clause or administrative procedure contained in the
National Building Code of Canada is adopted.
5.0
APPOINTMENT OF BUILDING INSPECTORS
5.1
Council may appoint a Building Inspector who, shall exercise such powers and perform such
duties as are provided by this By-law.
6.0
DUTIES OF THE BUILDING INSPECTOR
6.1
The Building Inspector shall:
(a)
administer this By-law;
(b)
keep proper records of all applications received, permits and orders issued,
inspections and tests made, and shall retain copies of all papers and documents
connected with the administration of his or her duties; and
(c)
keep one (1) copy of the Code available for public use, inspection, and examination.
7.0
POWERS OF THE BUILDING INSPECTOR
7.1
The Building Inspector may:
(a)
enter any building, structure or premises at any reasonable time for the purpose of
administering or enforcing this By-law;
(b)
cause a written order to be served upon the owner of any property directing him or
her to correct any condition that constitutes a contravention of this By-law;
(c)
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
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
whether the material, device, construction or foundation condition meet the
requirements of this By-law; and
(d)
revoke or refuse to issue a permit where in his or her opinion the results of the tests
referred to in section 7.1(c) are not satisfactory.
8.0
BUILDING PERMIT
8.1
A person shall not undertake or continue the building, locating or relocating, demolishing,
altering or replacing of a building unless a building permit therefore has been issued
pursuant to this section. No building permit shall be issued until the fee set out in Section 18
has been paid to the Town of Florenceville-Bristol.
8.2
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 who shall be the owner of the property or by his duly
authorized agent;
(c)
state the intended use of the building or structure;
(d)
unless waived by the Building Inspector, include 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 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)
contain such other information as the Building Inspector may require for the purpose
of determining compliance herewith;
(g)
in the case of buildings or structures which exceed 600 m2 (6,458.3 ft2) in building
area or 3 storeys in building height, or which are used for assembly, institutional,
hazardous industrial or commercial purposes, no building permit shall be issued
unless the plans and specifications are certified under the seal of an Architect or a
Professional Engineer registered or licensed to practice in the Province of New
Brunswick;
(h)
when work valued at less than fifteen hundred ($1,500.00) is performed on a building
or structure containing a maximum of two (2) dwelling units, no person shall be
required to obtain a building permit for:
(i)
non-structural repairs;
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
(ii)
replacement of existing decking surface, or non-structural components of a
deck, verandas, landings or stairs where such replacement is of the same type
and configuration as that item being repaired, except as required to bring
existing structures including stairs and railings to comply with the Code and
this By-law;
(iii) installation of eavestroughing, downspouts, storm windows, storm doors; or
(iv) installation of cosmetic decorations including, but not limited to, shutters,
paneling, wallpapering, ceramic tile and finished flooring, to the interior or
exterior of a building or structure.
8.3
A Building Permit is not required for any of the following:
(a)
replacement of existing windows or doors with the same size windows or doors
(b)
replacement of roof shingles or cladding
(c)
installation or replacement of vinyl siding on any structure. All other siding
installations would require a Building Permit
(d)
painting interior or exterior of a building or structure
(e)
install kitchen, bathroom or laundry cabinets where the plumbing or electrical are not
being altered
(f)
interior damp-proofing of a basement (exterior damp-proofing requires a permit)
(g)
replacement or installation of drywall or plaster
(h)
replacement or installation of insulation
8.4
Where an application mentioned in section 8.2 has been received and the proposed work
conforms with this and any other applicable By-law, code, or provincial regulation, the
Building Inspector shall issue the building permit requested.
8.5
A building permit issued pursuant to section 8.4 shall be subject to the following conditions:
(a)
the work mentioned in the building permit shall be commenced within six (6) 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 (1) year; or in such manner that any exterior surface
intended to be cladded pursuant to specifications mentioned in section 8(2) remains
uncladded in excess of two (2) months; and
(c)
the work mentioned in the building permit shall be is carried out, unless otherwise
approved by the Building Inspector, in compliance with the specifications contained
in the application for the building permit.
8.6
An Electrical Waiver may be issued in place of a building permit when the work is solely of
an electrical nature, and:
(a)
does not impact any structural aspect of the building;
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
(b)
does not impact the exterior wall assembly or the building envelope, any fire walls,
fire separations, or fire rated materials, fire rated assemblies by conduit penetrations
or otherwise; and;
(c)
there is no change in the building use
8.7
Where a person violates a condition mentioned in section 8.5 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.
8.8
Where a person fails to comply with an order mentioned in section 8.6, the Building
Inspector may suspend or revoke the building permit and may, if the conditions leading to
the suspension are subsequently corrected, reinstate the suspended building permit.
9.0
RESPONSIBILITY OF THE PERMIT HOLDER
9.1
The holder of the building permit shall:
(a)
allow the Building Inspector to enter upon any property, building or structure at all
reasonable times for the purpose of making any inspection that is necessary for the
administration or enforcement of this By-law;
(b)
obtain, where applicable, from the appropriate authority, permits relating to building,
zoning, water and sewage, plumbing, signs, street occupancy, electricity, highways
and all other permits required in connection with the proposed work;
(c)
give at least forty-eight (48) hours notice to the Building Inspector of the intention to
start work on the building site;
(d)
give at least twenty-four (24) hours notice to the Building Inspector where a
foundation wall below land surface has been placed and before any backfilling of the
excavation has been carried out;
(e)
give written notice to the Building Inspector within ten (10) days of completion of
the work described in the building permit; and
(f)
provide such other information as may be required hereunder.
9.2
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 construction of
the building or structure and for such a period thereafter as required by the Building
Inspector.
9.3
The approval of plans or specifications, the issuing of a building permit or any inspections
hereunder do not relieve the owner of any duty or responsibility for carrying out works in
accordance with this By-law.
9.4
Where the building permit has been issued for new building construction or for an addition
or renovation to an existing structure (either residential or commercial), the building permit
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
holder must have on site during the entire construction, a dumpster which has been rented at
the expense of the building permit holder. Under no circumstances may building refuse be
left at the curb for regular garbage pickup.
9.5
It is the responsibility of the building permit holder to keep a construction site, as noted in
section 9.4, free of building debris at all times.
9.6
Where a building permit has been issued, the owner is not relieved of any duty or
responsibility of obtaining any additional permits as required by any provincial of federal act
or regulation.
10.0 DOCUMENTS ON THE SITE
10.1
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 and a copy of any provincial permits issued, or a poster
or placard in lieu thereof; and
(b)
a copy of the plans and specifications approved by the Building Inspector.
11.0
LOT SIZES
11.1
No building or structure may be built, located or relocated, altered or replaced on a lot
unless the lot meets the requirements as stipulated for the appropriate zone in the Town of
Florenceville-Bristol Zoning By-law.
12.0
LOCATION OF BUILDINGS AND STRUCTURES ON A LOT
12.1
All buildings and structures shall be located on a lot in accordance with the minimum front,
rear and side yard requirements of the appropriate zone of the Town of Florenceville-Bristol
Zoning By-law.
13.0
LOT OCCUPANCY
13.1
All buildings shall meet the lot occupancy requirements as stipulated in the appropriate zone
of the Town of Florenceville-Bristol Zoning By-law.
14.0
SEWAGE DISPOSAL
14.1
Sewage shall be discharged into the municipal system, or into a private system that has been
approved by the New Brunswick Department of Health.
15.0
PARKING AND LOADING STANDARDS
15.1
Off-street vehicular parking spaces shall be provided in accordance with the standards
required in the Town of Florenceville-Bristol Zoning By-law.
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Repealed and Amended February 11, 2020
15.2
Off-street loading spaces shall be provided for loading for every building or structure used
for any purpose involving the use of vehicles for the receipt or distribution of materials, in
accordance with the standards stipulated in the Town of Florenceville-Bristol Zoning By-
law.
16.0
ENCLOSURES FOR SWIMMING POOLS
16.1
Enclosures for swimming pools shall be provided in accordance with the standards stipulated
in the Town of Florenceville-Bristol Zoning By-law.
17.0
OPEN CELLARS AND EXCAVATIONS
17.1 The owner of a property upon which an open cellar or excavation exists, for any reason, as
the result of demolition or destruction of a building or structure, when new construction is
not to proceed without delay, shall forthwith following such demolition or destruction,
backfill such cellar or excavation to grade.
18.0
FEES
18.1
Subject to sections 18.2, 18.3, 18.4 and 18.5, no building permit may be issued hereunder
until the fees set out in sections 18.2, 18.3, 18.4 and 18.5, have been paid to the Town.
18.2
Applicable fees shall be administered as outlined in the Town's User Fee Policy.
18.3
The total cost of the work outlined in section 18.2 includes both materials and labour.
18.4
Where the Building Inspector has reason to believe and does believe that an estimate
mentioned in section 18.2 is unreasonable, he / she may refuse the building permit.
18.5
Where the proposed work involves heavy equipment traversing municipal infrastructure
adjacent to the property, the applicant must deposit with the Town the sum of five hundred
dollars ($500.00) in the form of cash, certified cheque or money order. This deposit will be
refunded if an inspection of the municipal infrastructure adjacent to the property including
curbing, sidewalk and paving does not show any damage which could have occurred during
the work, and all inspections required by this By-law have been carried out.
18.6
Notwithstanding the deposit mentioned in subsection 18.5, at the discretion of the Building
Inspector, a separate or larger deposit may be required to ensure protection of or repair
damage to public infrastructure in relation to any particular building permit application.
18.7
Where an application for a building permit involves work to a structure required as a result
of an emergency situation such as a sewer backup or natural disaster, any required fees may
be waived at the discretion of the Building Inspector.
First enacted October 12, 2010, repealed and amended October 8, 2019
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Repealed and Amended February 11, 2020
19.0
FINES
19.1
Any person who violates a provision of this By-law is guilty of an offence and is liable on
summary conviction to a fine of not less than twenty-five ($ 25.00) and not more than one
hundred dollars ($100.00) for each day the offence continues.
20.0
REPEAL
20.1
All by-laws inconsistent or in conflict with this by-law are repealed.
READ A FIRST TIME:
February 11, 2020
READ A SECOND TIME:
February 11, 2020
READ A THIRD TIME AND ENACTED:
March 10, 2020
____________________________________
____________________________________
Mayor
Town Clerk
By-Law No. 14, A By-Law respecting Building repealed and amended October 8, 2019 is hereby
repealed.