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BY-LAW No. C-4-2026
BY-LAW No. C-4-2026 being the Building By-law for the Rural Community of
Fundy Shores
The Council of the Rural Community of Fundy Shores, under authority vested in it
by the Building Code Administration Act (2020), and amendments thereto, hereby
makes the following by-law:
Definitions
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In this By-law
"accessory building" means a building located on the same lot as the main building
to which it is accessory and which has a use that is naturally or customarily
incidental or complementary to the main use of the land or building but does not
include a building designed for public congregation;
"building inspector" means a person as defined in the Building Code
Administration Act;
"building" means a building as defined in the National Building Code of Canada;
"change of use" means to change the use of a building or part of a building in such
a way that affects its occupancy classifications under the National Building Code
of Canada;
"Code" means the National Building Code adopted by reference in the regulations
under the Building Code Administration Act, and includes all revisions, errata and
corrections to errata issued from time to time;
"construct" means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit
fabricated or moved from elsewhere;
"constructor" means a person constructing a building, and includes a contractor
and subcontractor;
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"demolish" means to do anything in the removal of a building or a material part of
a building;
"development officer" means a development officer as defined in the Community
Planning Act;
"maintenance" means any non-structural work that does not meet the definition of
'construct' under this by-law and does not affect the fire safety of a building under
Code, nor affect the life safety, health, or accessibility for the occupants of a
building under Code;
"National Building Code of Canada" means version of the National Building Code
of Canada or National Energy Code as referenced in the Building Code
Administration Act and amendments thereto;
"owner" means a person who holds title to real property and includes a person who
has entered into an agreement to purchase the real property; and,
"regional service commission" means a regional service commission established
under the Regional Service Delivery Act.
2 Purpose & Scope
(a) The purpose of this By-law is to:
(i) prescribe a system of permits for:
- construction work, and
- demolition work,
(ii) prescribe the terms and conditions for the issuance of those
permits,
(iii) prescribe the terms and conditions of those permits,
(iv) prescribe the grounds on which the issuance of those permits
may be refused,
(v) prescribe the grounds on which those permits may be
suspended, revoked or reinstated,
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(vi) provide for the form and manner in which applications for the
issuance of those permits may be made and the content of the
applications,
(vii) prescribe the fees for the issuance of those permits, and
(viii) provide for the circumstances in which the fees paid for those
permits may be refunded.
(b) Even if no construction work is proposed, no person shall change the use
of a building or part of a building with respect to the occupancy
classifications of the Code or permit the use to be changed unless a
building permit has been issued.
3 Exemptions
(a) The following are exempt from the application of the Act, this Building
By-law and the Code:
(i)
an accessory building with a total floor area that is not greater
than 55 m2 and that is not intended for overnight
accommodation;
(ii)
a building on a construction site that is intended to be used only
during the course of construction on the site and that is not
intended for overnight accommodation;
(iii)
a building with a total floor area that is not greater than 58.06
m2 that is intended for overnight accommodation; and,
(iv)
a temporary building which is not intended to remain where it
is erected or located for more than 28 days.
4 Notice of commencing construction
(a) Before commencing construction or demolition work, an owner or a person
acting on behalf of the owner shall provide written notice to the local
government or regional service commission, as the case may be, with the
following information:
(i)
the date on which work on the building site is to commence;
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(ii)
the names of all constructors, architects, engineers or designers,
as the case may be, that will perform work with respect to the
building or demolition permit; and
(iii)
the name of all inspection or testing agencies engaged to monitor
the work or part of the work.
(b) During the course of construction, the owner or a person acting on behalf
of the owner shall, as soon as practical, give written notice to the local
government or regional service commission of any change in, or
termination of, the employment of a person referred to in subsection (a),
and in no case shall the notice be given later than 72 hours after the change
in, or termination of, the employment.
5 Posting on the premises
(a) For the purpose of section 8 of the Act, an owner or a person acting on
behalf of the owner shall ensure that a copy of the building or demolition
permit, as the case may be, is posted before the construction or demolitions
work begins and shall remain posted until the completion of the work.
(b) An owner or a person acting on behalf of the owner shall ensure that all
approved plans and specifications related to the building and construction
are made available to the building inspector on the premises referred to in
section 8 of the Act during working hours.
6 Obligations of constructor
(a) In addition to the requirements of the Act, a constructor shall construct
a building in accordance with
(i)
the National Energy Code of Canada for Buildings 2011
as adopted under subsection 3(2) of the Act,
(ii)
the description of the construction work contained in the building
permit, and
(iii)
any plans approved by the building inspector.
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(b) If the work for which a building permit is issued is not under the control
of a constructor, the owner shall be deemed to be the constructor and
accept the responsibilities and obligations of the constructor.
7 Stages of construction
(a) For the purposes of subsection 9(2) and section 10 of the Act, at least one
inspection shall be made at each of the following stages of construction:
(i)
on the completion of the footings and foundations, but
before the commencement of any backfilling;
(ii)
on substantial completion of structural framing; and
(iii)
on completion of construction or before occupation of the
building.
(b) Factory-built homes, modular homes and manufactured homes that are
constructed to the following standards are not subject to inspection at the
stage of construction referred to in paragraph (1)(b):
(i)
the National Standard of Canada CAN/CSA A277-
16 Procedure for certification of prefabricated buildings,
modules, and panels; and,
(ii)
the National Standard of Canada CAN/CSA-Z240 MH Series-
16 Manufactured Homes.
8 Notice of readiness for inspection
(a) For the purposes of section 10 of the Act, the notice of readiness for
inspection sent by an owner or a person acting on behalf of the owner shall
contain the following:
(i)
the civic address and the Service New Brunswick parcel
identifier number for the property referred to on the permit;
(ii)
the stage of construction referred to in section 7;
(iii)
the requested date and time for the inspection;
(iv)
the telephone number of the owner or a person acting on behalf
of the owner; and
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(v)
any other electronic means of communication of the owner or the
person acting on behalf of the owner accepted by the local
government or regional service commission.
(b) An inspection shall be made within two days of the receipt of the notice of
readiness for inspection, or the date and time agreed to by the building
inspector and the owner or a person acting on behalf of the owner.
9 Retention of documents
(a) A building inspector shall maintain a registry of all applications received,
permits and orders issued, inspections and tests made, and shall keep copies
of all documents related to the performance of the building inspector's duties.
(b) The local government and regional service commission shall keep copies of
the following documents for a period of no less than seven years from the date
of completion of the work to which the building or demolition permit applies:
(i)
all applications for building permits and demolition permits;
(ii)
the building permits and demolition permits issued;
(iii)
any orders made by a building inspector under section 14 of the
Act;
(iv)
any inspection reports and tests; and
(v)
any other document or electronic record related to the
administration of the Act.
10 Request for information
(a) The local government and regional service commission shall answer any
relevant question as may be reasonable with respect to the provisions of
the Act, the Building By-law and the Code when requested to do so, but
shall refrain from assisting in the laying out of any work and from acting
in the capacity of a designer or engineering or architectural consultant.
11 Application for permits
(a) An application for a building permit shall include the fee referred to in
paragraph 12(a) and 12(b) contain the following information:
(i)
the name, telephone number, civic address and email address of
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- the owner or a person acting on behalf of the owner, as the
case may be,
- all constructors, architects, engineers or designers that will
perform work with respect to the building permit,
- all inspection or testing agencies engaged to monitor the work
or part of the work;
(ii)
the location of the property on which the work is to be
performed, its civic number, street name, lot number, property
identification number or any other information that could be
used to locate the property;
(iii)
a detailed description of the scope of the work to be performed;
(iv)
the approximative cost of the work to be performed;
(v)
a description of the intended use of the building or structure;
(vi)
a copy of the specifications and legible scale drawings of the
site and building or structure with respect to the proposed work
to be carried out and any other related document required by the
building inspector; and
(vii)
If cooling towers are intended to be used as part of the
construction, a declaration that the Provincial Department of
Health has been, or will be, notified of this intent.
(b) An application for a demolition permit shall include the fee referred to in
paragraph 12(c) and contain the following information:
(i)
the location of the property on which the work is to be performed,
its civic number, street name, lot number, property identification
number or any other information that could be used to located
the property; and
(ii)
a detailed description of the scope of the work to be performed.
12 Fees
The fee for a building permit or demolition permit shall be the following:
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(a) for a building permit, $25 plus $5 for each $1,000 of the estimated
construction cost of the work to be performed;
(b) for a demolition permit, $25, and
(c) Where work requiring a permit under this by-law has been commenced by
anyone prior to issuance of a permit, and unauthorized work has continued
after an order to comply has been delivered by a building inspector in
accordance with the Act, the fees prescribed under (a) of this section are
doubled.
13 Refusal to issue permit
A building inspector may refuse to issue a building or demolition permit if
(a) the application for the permit is incomplete or contains information that is
false,
(b) the fee for the permit has not been paid, or
(c) the information provided is not sufficient to determine compliance with
the National Building Code, the National Energy Code, or applicable
standards referenced therein.
14 Suspension or revocation of permit
(a) A building inspector may suspend or revoke a building or demolition
permit if
(i)
there is contravention of the Act, the Building By-law or the
Code, or any applicable approval under section 108 of the
Community Planning Act, and any term or condition under
which the permit was issued,
(ii)
the permit was issued in error, or
(iii)
the permit was issued on the basis of incomplete or false
information.
(b) A building inspector shall notify in writing the owner or a person acting
on behalf of the owner of the suspension or revocation of the permit.
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(c) A building inspector shall reinstate a permit that has been suspended if all
requirements under the Act, the Building By-law and the Code, or any
applicable approval under section 108 of the Community Planning Act,
and the terms and conditions under which the permit was issued, are
complied with.
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Terms & Conditions
(a) Subject to section 6(b), a building permit or demolition permit, or renewal
thereof, is issued on the condition that the construction work is:
(i)
Started within twelve (12) months from the date of the permit
approval;
(ii)
Not discontinued or suspended for a period of more than twenty
four (24) months; and,
(iii)
Carried out in compliance with the specification contained in the
approved application, unless otherwise approved by the building
inspector.
(b) No refunds of permit fees may be given after a permit fee has been paid,
including where it has been revoked subject to section 14.
Read the first time this 3rd day of December 2025.
Read the second time this 14th day of January 2026.
Read the third time this 4th day of February 2026.
__________________
___________________
George (Denny) Cogswell, Linda Sullivan Brown,
Mayor CAO/Clerk - Treasurer