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BE IT ENACTED
by the Council of the Town of Riverview
under the authority
vested in it
by the Building
Code AdministrationAct,
SNB 2020, c 8, the CommunityPlanningAct,
S.N.B.
2017, c. 19 and the Local Governance
Act, S.N.B., 2017, c. 18 as follows:
1. Definitions
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 tlie main use of the land or building
but does not include a
building
designed for public congregation.
"Act"
means the Building
Code Administration
Act, SNB 2020, c 8, or any
amendment
thereto.
"building"
means a building
as defined in the Code.
"building
inspector"
n'ieans
(a) a person who has the primary
responsibility
to a regional service commission
for the enforcement
of local goveriirnent
by-laws or other provincial
laws with
respect to building
and construction
within
the region, and
(b) a building
inspector, or a person who has the primary
responsibility
for the
enforcement
of by-laws or other laws with respect to building
and construction,
appointed
under the Local Governance
Act.
"Code"
means the National
Building
Code adopted by reference in the regulations,
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.
"critical
elevation"
means critical elevation
as defined in tlie Town of Riverview
Zoning by-law;
"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.
"engineer"
and "professional
engineer"
mean a person who is a member or licencee
of the Association
of Professional
Engineers
and Geoscientists
of New Brunswick;
"engineered
solution"
means engineered
solution
as defined
in
the
Town
of
Riverview
Zoning by-law
"National Energy Code" means the National Energy Code ofCanada.for Buildings,
adopted
by reference
in
the
regulations,
and
includes
all
revisions,
errata
and
corrections
to errata issued from time to time.
"owner"
means a person
who holds title to real property
and includes a person wlio
has entered into an agreement
to purchase the real property.
"regulations"
means the General
Regulation
- Building
Code Administration
Act.
"work"
means to construct
or to demolish
a building
or a material part of a building.
2. Adoption
of Code
2.1
For the purposes of this by-law,
the Code is adopted.
2.2
For the purposes
of this by-law, the National
Energy Code is adopted.
3. Prohibitions
3.1
A person sliall not undertake
or continue
any work unless:
(1)
A permit has been issued under this by-law;
and
(2)
The work conforms
with
(a)
In the case of construction,
the Code and the National
Energy Code;
(b)
The standards prescribed
by this by-law;
(c) The terms and conditions
of the permit issued pursuant
to this by-
law;
(d)
The description
of the construction
work contained
in the permit;
and
(e)
Any plans approved
by the building
inspector.
4.
Non-Material
work
4.1
The following
work shall not be considered
material and shall be exempted from the
requirements
of obtaining
a per+'nit:
(1)
for all buildings:
(a)
maintenance
of heating
equipment,
ventilation
or
electrical
equipment,
provided
such maintenance
does not affect fire separations
or fire dampers,
(b)
interior
or exterior
painting,
(c) replacement
of baseboards
and window
casings,
(d)
replacement
of flooring,
(e)
replacement
of built in furniture,
(2)
for
buildings
containing
only
a
single
or two
unit
dwelling
and associated
accessory buildings:
(a)
re-roofing,
up to 25% of roof sheathing
replacement,
(b) changing doors, provided
tliey are in the same type, location
and size;
(c) replacing exterior deck flooring where such repairs are the same type and
configuration
as that being repaired,
(d) plaster and drywall
repairs not within
a fire separation,
(e)
wallpaper
installation,
(f)
installation
of gutters or downspouts,
(g)
installation
of storm doors and shutters,
(h)
refacing
or replacement
of kitchen cabinets,
(i)
repairing
or reinstalling
cosmetic interior
trim, or
(j) replacement
of fascia board and soffit, and
(3) any buildings
listed under section 5 of Regulation
2021-2 under the Act that are
exempt from application
of the Act, Regulation
2021-2 and the Code.
5. Application
Process
5.1 An owner or a person acting on behalf
of the owner seeking to obtain a permit for any
work as required under this by-law shall make an application
in writing
to the building
inspector and shall pay the fees required by this by-law, at tlie time of making tlie
application.
Building
Permit
Application
5.2 The building permit application
shall include the fee referred to at section 7 and contain
the follol)17iyig information:
(1)
Tlie name, telephone
number, civic address and email address of;
(a)
The owner or a person acting on behalf
of the owner, as tl'ie case may be;
(b)
All constructors,
architects,
engineers or designers that will perform work
with respect to the building
permit;
(c)
All inspection
or testing agencies engaged to monitor
the work or part of the
work;
(2)
The location of the property where the work will be performed,
including
the
civic number, street name and property
identification
number (PID);
(3)
A detailed description
of the scope of the work to be performed;
(4)
The approximative
cost of the proposed work;
(5)
A description
of the intended use of tlie building
or structure;
(6)
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
(7)
A description
of any building
system, material
or appliance.
Demolition
Permit
Application
5.3
A demolition
permit application
shall include the fee referred
to at section 7 and contain
tlie following
information:
(1)
The location of the property where the work will be performed,
including
the
civic number, street name, lot number and property
identification
number;
(2)
A detailed description
of the scope of the work to be performed;
and
(3)
All application
for a demolition
permit shall include the provincially
approved
location
where any demolition
debris will be disposed.
Change
of Use Permit
5.4
A person
shall not:
(1)
Change the use of a building
or part of a building
with respect to the occupancy
classification
of the Code; or
(2)
Allow
the change of use of a building
or part of a building
with respect to the
occupancy
classification
of the Code;
Without
first obtaining
a building
permit.
Specia} Application
Requirements
for Commercial
Proiects
5.5
Work described in this section shall be designed and reviewed
during construction
by
an architect, engineer, or interior
designer as required by the scope of work, authorized
and registered
to practice in New Brunswick:
(1) New constructions
and additions,
including
mezzanine
additions
and floor infills,
of buildings
which;
(a)
exceeds 600m2 in building
area or exceeds 3 stories in building
height, or
(b)
is used for Group A - Assembly,
Group B - Institutional,
Group F Division
1 - High Hazard Industrial
occupancies.
(2)
Renovations
to suites which:
(a)
exceeds 600 m2 in area, and
(b)
involves
work with fire separations,
life safety systems, exterior walls,
main
entrances or public corridors.
(3)
construction
and modifications
that are designed in conforinance
with Part 4 of
the Code;
(4)
foundation
designs requiring
soils bearing capacity exceeding
75 kPa;
(5)
installations
of
fire alarm systems,
replacement
of
fire
alarm
panel
and
replacement
of more than 20 fire alarm devices;
(6)
installations
of sprinkler
systems, changes in classifications
as per NFPA 13 or
replacement
and additions
of sprinkler
sections with greater than 20 heads;
(7)
installations
of emergency
power supplies that serve life safety systems;
(8)
installations
of commercial
cooking
equipment
in conformance
with the Code;
(9)
installations
of
ventilation
units and/or ventilation
distribution
systems in
conformance
with the Code in areas greater than 300 m2;
(10)
alternate solutions
in conformance
with the Code;
(11)
site
servicing
and drainage plans
in connection
with new constructions
and
additions;
(12)
Energy Design in conformance
with the Code;
(13)
Integrated
Fire Protection
and Life Safety Systems Testing in conformance
witli
the Code
Special Application
Requirements for Residential Proiects
5.6
Where an application
for a permit is made and the work described
tlierein involves
new
foundation
construction
for a single unit dwelling,
a two-unit
dwelling,
or a semi-
detached dwelling,
a permit for such construction
shall be issued on the condition
that the
construction
of the building
shall not proceed beyond the foundation
stage unless the
Development
Officer
has received and accepted a Foundation
Report Form and a pre-
backfill
inspection
has been completed.
5.7
A Foundation
Report Form, as described
in section 5.6 shall show:
(1) the geodetic elevation
of the lowest point on the top of the front foundation
wall;
(2) the geodetic elevation
of the lowest point on the top of the side foundation
walls;
(3) the geodetic elevation
of the lowest point on the top of the rear foundation
wall;
(4) where applicable,
the geodetic elevation
of the lowest point of the edge of the
attached garage
slab;
(5) the critical elevation
of the foundation;
(6) the minimum
geodetic basement floor elevation;
(7) the front yard setback, being the shortest distance between the front lot line and the
main
building;
(8) the side yard setbacks, being the shortest distance between each side lot line and the
main
building;
(9) where applicable,
the flankage yard setback, being the shortest distance between the
flankage lot line and the main building;
(I O)the rear yard setback, being the shoitest distance between the rear lot line and the
main building;
and
(11)the geodetic elevation
of the finished
grade of the centreline
of the road where it
meets the extended centreline
of any driveway.
5.8
When the foundation
and lot grading are complete,
the owner shall provide the Building
Inspector
with a Surveyor's
Real Property Report, and in any case no later than 12
months following
the issuance of a building
permit herein which shall include:
(1 ) the actual building
setbacks, being the distances from the outer walls of the
foundation
to tlie property
boundary
lines;
(2) the geodetic elevation
of the four corners of the property;
(3) the geodetic elevations
of the land wliere it meets the outer walls of the main
building;
(4) the geodetic elevations
of the lowest point on the top of each of the foundation
walls;
(5) the critical elevation;
(6) the basement floor elevation;
(7) where applicable,
the geodetic elevation
of the lowest point of the edge of the
attached garage slab;
(8) the driveway
location
and its slope from the property
line;
(9) tlie geodetic elevation
of the finished
grade of the centreline
of the road wliere it
meets the extended centreline
of any driveway;
(10)existing
municipal
and private service easements, underground
electrical,
teleplione,
gas, cable, and all other public utility
easements;
(I I)any physical
features such as accessory buildings
and structures,
and natural
vegetation
such as large trees or landscape gardens;
(12)the location
and geodetic elevation
of any swales; and
(13)in the case of a development
where an engineered
solution
is required,
any and all
data points required
to confirm
that the engineered
solution
lias been fully complied
with.
5.9
Where the Foundation
Report Form or Surveyor's
Real Property
Report Form is
inconsistent
with the Site Plan referred to in subsection
5.2(6), except for building
location,
or with the Registered
Drainage
Plan, the owner shall provide an engineered
solution.
5.10
A report referred to in section 5.7 or 5.8 shall be signed by a New Brunswick
Land
Surveyor
licensed to practice in the Province
of New Brunswick
before being received
and considered
by the Development
Officer.
The Land Surveyor
or Professional
Engineer
further certifies
that:
(l ) the top of the foundation
wall elevation(s)
are consistent
with the foundation
wall
elevation(s)
as shown on the building
permit Site Plan to a tolerance
of no more than
100 mm
(4 inches) above or below the required elevation;
and
(2) in the case of a report referred to in section 5.9, the lot grading is consistent with the
lot grading as SIIOWII 011 the building
permit Site Plan to a tolerance
of no more than
150 mm (6 inches) above or below the required
elevation.
5. II Notwithstanding
this or any otlier by-law
an engineered
solution is not required when
waived by the Director
of Engineering
and Works or their designate.
6. Issuance
of Permit
6.1 Upon receipt of a complete
application,
and upon receipt of payment
of all fees required
by this by-law, the building
inspector shall within a reasonable time issue a permit,
provided
that:
(1)
The proposed
work complies
with this by-law; and
(2) A development
officer has
approved tlie proposed work pursuant to subsection
108(1) of the Community
Planning
Act, S.N.B. 2017, c. 19.
6.2 A permit issued pursuant to this by-law sliall be valid for a period of one year from
issuance after which
time the permit
shall expire, unless it is renewed
by the building
inspector.
6.3
The issuance
of a permit
or the review
of tlie drawings
and specifications,
or inspections
made by the building
inspector
during construction
of the work shall not relieve
the
permit
holder from full responsibility
for carging
out the work in accordance
with the
requirements
of this by-law,
the permit
and all other applicable
laws.
7. Fees
7.1 Tlie fee for a permit
shall be the following:
Where the total estimated
cost of tlie work, including
labour
and materials,
is for:
(1)
Single-unit,
two-unit,
and
semi-detached
dwellings,
residential
repairs/additions
and accessory
buildings;
$6 for each $1,000 of tlie estimated
construction cost of
the work to be perforn'ied,
based on the cost calculator
of the Southeast
Regional
Service
Commission
with a minimum
permit
fee of $25;
(2)
All other construction;
$7.50 per $1,000 of estimated
cost with a minimum
peri'nit
fee of $25.
(3)
For a demolition
permit;
$25.
7.2 Despite
anything
contained
in this By-law,
a permit
application
for work to be carried
out by or on behalf
of the local government
to which
this by-law
applies shall be exempt
from the requirements
of this section.
7.3 Despite
anything
contained
in this By-law,
where work has begun prior to the issuance
of a building
pen'nit, tlie fee tlierefore
shall be two times that provided
for in this By-
law.
8. Refusal
to Issue a Permit
8.1 A building
inspector
may refuse to issue a building
permit
or demolition
permit
if:
(1)
The application
for the permit
is incomplete
or contains
information
that is false;
(2)
The fee for the permit
has not been paid; or
(3)
The information
is not sufficient
to determine
compliance
with the Code.
9. Notice
of Commencing
Construction
9.1 Before
commencing
any work, an owner or a person acting on behalf
of the owner shall
provide
written
notice to the regional
service commission,
as the case may be, with the
following
information:
(1)
The date on which
work on the building
is to commence;
(2)
The names of all constructors,
architects,
engineers
or designers,
as the case may be,
tliat will perform
work with respect to the permit;
and
(3)
The name of all inspection
or testing
agencies
engaged
to monitor the work or part of
the work.
9.2 During
the
course
of construction,
if there
is
a change in, or termination of, the
employment
of a person referred
to in this section,
the owner
or a person acting on behalf
of the owner shall, no later than 72 hours after tlie change, give written notice to the
regional
service commission
of the change.
10.
Posting
on the Premises
10.1
Anownerorapersonactingonbehalfoftlieownershallensurethatacopyofthepermit
is posted in a prominent
place on the premises,
before the work begins and shall remain
posted until the completion
of the work.
10.2
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 tlie premises
during
working
hours.
11.
Inspection
Requirements
11.1
At least one inspection
sliall be made at each of the following
stages of construction:
(1)
On the completion
of the footings
and foundations,
but before the commencement
of
any backfilling;
(2)
On substantial
completion
of structural
framing;
(3)
On installation
of the vapour
barrier
(pre-drywall);
and
(4)
On completion
of construction
or before occupation
of the building.
11.2
Factory-built
homes, modular
homes and n'ianufactured
homes constructed
following
the standards
set orit at subsection
9(2) of the regulations
are not subject
to inspection
at
the stage of construction
referred
to in paragraph
(2) and (3) above.
12.
Notice
of Readiness
for Inspection
12.1
All owner or a person acting on behalf
of the owner shall notify
the building
inspector
that the construction
or demolition
work is ready for inspection.
12.2
The notice of readiness
for inspection
sliall contain:
(1)
The
civic
address
and
Service
New
Brunswick
parcel
identifier
(PID)
for
the
propeity
identified
on the permit;
(2)
Tlie stage of construction
refened
to in section II;
(3)
The requested
date and time for inspection;
(4)
The telephone
number
of the owner or a person acting on behalf
of the owner;
and
(5)
The email address of the owner or the person acting on behalf
of the owner.
12.3
An inspection
shall be made within
two business
days of the receipt
of the notice of
readiness,
or the date and time agreed to by the building
inspector
and the owner or a
person acting on behalf
of the owner.
12.4
No person shall obstruct
or interfere
with a building
inspector
who is canying
out or
attempting
to carry out an inspection.
13.
Open Foundations
and Excavations
13. 1
The owner
of a property
upon which an open foundation
or excavation
exists as the
result of demolition
or destruction
of a building,
when new construction is not to
proceed
without
delay, shall forthwith
backfill
sucli open foundation
or excavation to
grade or, when new construction
is to proceed
without
delay, shall forthwith erect in a
neat and professional
manner
a wall constructed
of wood materials, without openings,
at least 1.8 m in height, around the perimeter
of such open foundation
or excavation,
and shall maintain
the same so as not to become dilapidated
or unsightly
rintil
construction
has proceeded
to a stage where the open foundation
or excavation
is no
longer a danger.
14. Suspension
or Revocation
of Permit
14.1
A building
inspector
may suspend or revoke a building
or demolition
permit if
(1)
Tliere is a contravention
of the Act, the regulations
or tlie Code or any tertn or
condition
under which the permit was issued,
(2)
The permit was issued in error, or
(3)
The permit was issued on the basis of incomplete
or false information.
14.2
A building
inspector
shall notify the owner or a person acting on behalf
of the owner in
writing
of the suspension
or revocation
of the permit.
14.3
A building
inspector
shall reinstate a permit that has been suspended if all requirements
under the Act, the regulations
and the Code and the terms and conditions
under which
the permit was issued are complied
with.
15.
Enforcement
15.1 The building
inspector
is responsible
for the enforcement
and administratxon
of this by-
law.
15.2
Wliere a person undertakes
work in contravention
of the Code, this by-law, the Act or
the regulations,
a building
inspector
may make one or more of the following orders:
(1) Cessation of the construction
or demolition
work;
(2)
Alteration
of the construction
or demolition
work to remove the contravention; and
(3) Taking any other action required
to make the building
or real property
safe.
15.3
Wlien tlie building
inspector
serves an order, no person shall perform any construction
or demolition
work other than work that is necessary to carry out the order or make the
premises
safe in accordance
with the order.
16.
Offences
16.1
Any person who violates or fails to comply with a provision
of this by-law commits an
offence punishable
as a category B offence under the Provincial Qffences Procedure
Act.
16.2
A person who does any of the following
commits
an offence punishable as a category E
offence:
(1)
Obstructs
or interferes
with a building
inspector who is carrying out or attempting
to cariy out an inspection;
and
(2)
Violates
or fails to comply with an order of a building
inspector.
16.3
A person who does any of the following
commits
an offence as a category B offence:
(1)
Constructs
without
a permit or in violation
of the Code, the by-law, the terms and
conditions
of the permit;
(2)
Changes the use of a building
or its occupancy
classification
without
a permit;
(3)
Fails to post a building
or demolition
permit; and
(4)
Fails to notify the inspector
that the work is ready for inspection.
17.
Severability
17.1
Where a Court of competent
jurisdiction
declares any section or part of a section of this
By-law
invalid,
the remainder
of this By-law
shall continue in force unless the Court
makes and order to the contrary.
18.
Repeal Provisions
18.1
ABy-lawentitled"BuildingBy-law",beingBy-lawNo.300-10-l,ordainedandpassed
on June 14, 2010, and all amendments
thereto, is hereby repealed.
Read a first time this 13th day of February,
2023.
Read a second time this 11"1 day of April, 2023.
Read a third time and enacted this 1 1th day of April, 2023.
T'ow'n'("le'!
A!'lett'\'C'rWleff
I
TOWN
OF RIVERVIEW
SOLEMN
DECLARATION
I, Annette
Crummey,
of the Town
of Riverview,
in the County
of Albert
and Province
of New Brunswick,
Town Clerk, DO SOLEMNLY
DECLARE:
1.
THAT
I am the Town Clerk of the Town of Riverview,
a municipal
corporation,
and have personal
knowledge
of tlie facts herein declared.
2.
THAT
the requirements
of the Commuizity
PlanningAct
and the
GovernanceAct
have been complied
with in respect to By-Law
300-11,
The
Town of Riverview
Building
By-Law
300-11,
which
was passed by the Riverview
Town Council
on April 11, 2023.
AND
I make this solemn declaration
conscientiously
believing
it to be true, and
knowing
that it is of the same force and effect as if made under oath and by virtue
of the Evidence
Act.
DECLARED
before me at the Town
of Riverview
in tlie County
of Albert
and Province
of New Brunswick,
this 13th day of April,
2023.
BEFORE
ME:
DENYSE C. RICHARD
MY COMMISSION
OF
OATH8 EXPIRES
060 31, 2Q27
(,.' i'..q"i.' b!,<,
.i.." 1-r,c,yiqy4')114,-/
TOW'N
CLERK
,"
TOWN
OF RIVERVIEW
CERTIFICATION
I, ANNETTE
CRUMMEY,
Town
Clerk
of the Town
of Riverview
do hereby
certify
that the attached
copy of the Town of Riverview
By-Law
300-11,
the Town
of Riverview
Building
By-Law
which
was duly enacted
after being read three (3)
separate times; sealed with the corporate
seal of the Town
of Riverview;
signed by
the Town Clerk and the Mayor;
that it was ordained
and passed on the 11h day of
April,
2023.
Annette
Crummey,
Town
Clerk
SWORN
to at the Town
of
Riverview,
in the County
of
Albert
and Province
of New
Brunswick,
this 131'l day of
April,
2023
BEFORE
ME:
DENY53E C. RICHARD
MY COMMISSION OF
OATHS EXPIRES
DEC 31, 2027