Mahone Bay, Nova Scotia
· adopted 2013-03-12
· summary & facts
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BE IT RESOLVED by the Council of the Town of Mahone Bay that the Building By- Law made
pursuant to the Building Code Act, S.N.S. 1986, c.3. and passed by the said Council on the 13th day
of October 1987 be and is hereby repealed and the following Building By-Law is hereby enacted in
substitution therefore.
BUILDING BY-LAW
PART 1 - DEFINITIONS
1.
In this By-Law:
(a) "Act" means the Building Code Act, R.S. c.46, s.1.
(b) "Authority having jurisdiction" means the Council of the Town of Mahone Bay and its
inspectors acting pursuant to Section 5 of the Act.
(c) "Building" means a building as defined from time to time by the Building Code;
(d) "Building Code" means the regulations made pursuant to Section 4 of the Building Code Act.
(e) "CAO" means the Chief Administrative Officer of the Town of Mahone Bay.
(f) "Clerk" means the Clerk of the Town of Mahone Bay.
(g) "Construct" means to do anything in the erection, installation, extension, relocation, material
alteration, or material repair of a building and includes the installation of a factory-made
building, fabricated or moved from elsewhere.
(h) "Council" means the Council of the Town of Mahone Bay.
(i) "Demolish" or "Demolition" means the doing of anything in the removal of a building or any
material part thereof.
(j) "Inspector" means a person appointed as an Inspector by the Council of the Town of Mahone
Bay pursuant to Section 5 of the Act.
(k) "Material Alteration" and "Material Repair" means work that is done in the alteration or
repair of a building which work is covered by the Building Code and which:
(1) is a non-structural repair or alteration which has a monetary value of more than
$5,000.00 or
(2) is a repair or alteration to the structure of the building.
(l) "National Building Code of Canada" means the National Building Code issued
by the National Research Council.
(m)
"Occupancy" or "Class of Occupancy" means the use or intended use of a building as
defined in the Building Code.
(n) "Owner" includes a person controlling the property under a consideration, and also includes
prima facie the assessed owner of the property whose name appears on the Assessment Roll
prepared in accordance with the Assessment Act.
(o) "Permit" means a permit issued pursuant to this by-law and includes a Building Permit, a
Demolition Permit, an Occupancy Permit, and pursuant to this by-law.
(p) "Regulations" means the regulations made pursuant to Section 4 of the Act.
(q) "Square foot" in respect to construction include the sum of the square feet of each floor
level and ½ the square footage of the basement area and does not include the area deemed
as attic space.
(r) "Temporary Building" means a structure to be placed on a property for a temporary use
including but not limited to a construction trailer; and tents used for festivals, concerts or
wedding that exceed 250 sq ft.
(s) "Town" means the Town of Mahone Bay.
(t) "Value" means the total value of construction including the market value of labour,
materials and equipment and includes the market value of any donated or subsided labour,
material and equipment and includes the market value of the property owner's labour,
material and equipment.
PART II - PERMITS:
2.
(a)
A Building Permit shall be required where a person wishes to construct a
building to which this by-law applies and shall be in the form approved from time to
time by the CAO of the Town.
(b)
A Demolition Permit shall be required where a person wishes to demolish a
building to which this by-law applies and shall be in the form approved from time to
time by the CAO of the Town.
(c)
An Occupancy Permit shall be required where a person wishes to occupy any building
or a portion of a building to which a Building Permit applies and where a person
wishes to change the class of occupancy of a building or any portion of a building
except that Occupancy Fees would not apply to exterior stairs, decks and landings and
interior renovations to existing dwelling units which are already occupied and shall
be in the form approved from time to time by the CAO of the Town.
(d)
A permit shall be required for the placement of a temporary building to which this by-
law applies and shall be in the form set forth approved from time to time by the CAO of
the Town.
3.
A building permit is not required for:
(a)
Accessory building not greater than 20 square meters (215.2 square feet) in
building area;
(b)
Installation of storm windows;
(c)
ground level patios and walkways;
(d)
replacing an existing roofing surface;
(e)
interior and exterior non-structural repairs which have a monetary value of $5,000.00 or
less.
4.
A building permit is required for interior and exterior non-structural repairs which have a
monetary value of more than $5,000.00; except for matters outlined in Sections 3(a) (b) (c) (d)
5.
Before a permit is issued, an applicant shall complete an application in the form approved from
time to time by the CAO of the Town.
6.
Every application for a permit shall:
(a)
identify and describe in detail the work and occupancy to be covered by the permit for
which application is made,
(b)
describe the land, on which the work is to be done by a description that will readily
identify and locate the building lot,
(c)
include plans and specification s required by the Building Code and show the occupancy
of all parts of the building,
(d)
state the valuation and square footage of the proposed work and be accompanied by the
required fee, and
(e)
state the names, addresses and telephone numbers of the owner, architect, professional
engineer or other designer and constructor.
7.
When an application for a permit has not been completed in conformance with the requirements
of this by-law within six months after it is filed, the application shall be deemed to have been
abandoned.
8.
A permit, other than a permit for a temporary building, is valid for one (1)
year from the date of issuance and may only be renewed upon application in writing by the owner
within one (1) year from the date of issuance. A permit, other than a permit for a temporary
building, as renewed, shall be valid for a period of one (1) year from the date of renewal
9.
A permit may be renewed twice An application for a permit that has been renewed twice and has expired
shall be treated as a new application under this bylaw.
9.
No permit may be renewed unless the application demonstrates that all approval required prior
to the issuance of the permit continue to exist at the date of the application for renewal.
10.
Before a building permit is issued, a complete application shall be filed with the authority
having jurisdiction.
11.
No work shall be carried out except in accordance with the terms of the permit. No
substantial changes from the work authorized in the permit is permitted unless a new
application is filed with the authority having jurisdiction and a new permit is granted.
12.
An application for a building permit for the construction of a building requiring a new on-site
sewage disposal system shall be accompanied by a copy of a valid on-site sewage disposal
system permit issued by Nova Scotia Environment and the authority having jurisdiction
may withhold a building permit until satisfied that there is a valid on-site sewage disposal
system permit in force.
13.
The authority having jurisdiction may withhold a permit until satisfied that any applicable
requirements of the Heritage Property Act and any by-law of the Town of Mahone Bay
passed pursuant to the Heritage Property Act, as well as any applicable requirements of the
Planning Act, the Town of Mahone Bay Land Use By-Law and any Development Agreement
there under have been complied with and that any required development permit has been issued
by the development office of the Town of Mahone Bay.
14.
The authority having jurisdiction may withhold a permit until satisfied that any applicable
requirements of the Fire Safety Act shall be deemed not to have been complied with unless the
building plans and specifications required to be submitted have been examined and
approved by the Fire Marshal's Office.
15.
It shall be the duty of the owner to ensure that any construction, demolition, or occupancy
complies with the requirements of all applicable Federal and Provincial Statutes and
Regulations and all applicable By- laws of the Town of Mahone Bay.
16.
A permit for a temporary building:
(a)
shall state the date after which the permit is no longer valid,
(b)
shall state the conditions, if any under which the permit ceases to be valid.
(c) The date of which a permit for temporary building is no longer valid may be extended upon
application in writing.
17.
(a)
The issuance of a permit with respect to a part of a building shall not constitute an
assurance that a permit will be issued with respect to the entire building or any other
parts thereof.
(b)
Any permit issued with respect to a part of a building may be marked indicating that the
permit for the entire building or any other parts thereof is not assured.
18.
(a)
A permit may be issued at the risk of the owner, with conditions to ensure
compliance with the Building Code, to excavate a site or to construct a portion of a
building before all the plans of the project have been submitted or accepted.
(b)
The Permit shall be clearly marked "At Owner's Risk".
19.
(a)
A permit for a whole project may be issued conditional upon the submission of
additional information prior to commencing the work for which the information is
pertinent;, provided that the information is of such a nature that withholding the
permit until the information was available would delay the work unreasonably.
(b)
The condition shall be set out on the face of the permit.
PART III - PERMIT FEE
20.
Fees for permit shall be as approved from time to time by resolution of Town Council passed
as a duly called meeting of Council. Fees set may include but not limited to the following categories:
(a)
Minimum Non-Refundable Fee
(b)
Demolition Permit
(c)
Occupancy Permit
(d)
Permit renewal (maximum two renewals)
(e)
Permit for temporary building
21.
Occupancy Permit Fees would not apply to exterior stairs, decks and landings and interior
renovations to existing dwelling units which are already occupied.
PART IV - INSPECTIONS
22.
The Building Official shall be notified a minimum of two (2) business days advance to inspect for
compliance with this By-law, the Nova Scotia Building Code Act and the Nova Scotia Building
Regulations, and the Nova Scotia Building Code, at the following stages:
(a)
All construction other than those described in clause 5.1(b) and 5.1(c):
i.
footings in place
ii.
below grade insulation,
iii.
below slab plumbing,
iv.
the site before commencing backfilling of the laterally supported foundation, before
superstructure is placed on the foundation,
v.
the framing, roof, plumbing and mechanical,
vi.
insulation and vapor barrier before framing is covered, and
vii.
before occupancy.
(b)
Mobile/Modular and Manufactured Homes conforming to 1.4.19 of the Nova Scotia Building
Code Regulations:
i.
footings in place,
ii.
(A) in the case of a mobile home, the site preparation foundation installation and
anchorage in accordance with CSA CAN3-Z240.10.1-94"Recommended Practice for Site
Preparation, Foundation and Anchorage of Mobile Homes"
(B) In the case of a modular home site preparation. And foundation, basement and
anchorage
iii.
Interconnections of Modules
iv.
Connection to services
v.
installation and anchorage, and
vi.
before occupancy
c)
Buildings Constructed Outside the Scope of the National Building Code:
i.
of the intent to undertake construction that will be inspected and will be reviewed
as per the appropriate Letter of Undertaking,
ii.
of the intent to cover construction that has been ordered to be inspected by the
Building Official before covering,
iii.
at intervals deemed necessary by the Building Official based on the complexity of
the building, and
iv.
when construction has been completed so that a final inspection can be made.
(d)
Demolition:
i.
at the commencement of the demolition work
ii.
at such intervals as deemed necessary by the Building Official,
iii.
when demolition has been completed, and
iv.
when the demolition site has been covered over or reclaimed
23. By notice in writing, the owner shall give the authority having jurisdiction, five (5)
business days within which the inspector may inspect. No construction shall be carried
out prior to the end of the said five (5) business day period which will hinder, delay, or
prevent an inspection by the inspector.
24. The inspector may, in his sole discretion, waive the necessity of any of the inspections
contained in this section of the by-law, if he is satisfied that the requirements of the
Building Code have been met.
PENALTIES
25.
Any person who contravenes any provision of this Bylaw is punishable on summary
conviction by a fine of not less than $500 and not more than $5,000.
26.
Any person who contravenes any provision of this Bylaw and who is given notice of the
contravention may pay to the Town, at the place specified in the notice, 50% of the minimum fine
specified in this Bylaw pursuant to the Town's Payment in Lieu of Prosecution Policy within 14
days of the date of the notice and shall there by avoid prosecution for that contravention.
EFFECTIVE DATE
27.
This Bylaw shall be effective on the date of publishing.
This is to certify that the foregoing is a true copy of a bylaw passed at a duly convened meeting of the
Council of the Town of MAHONE BAY, held the 12th day of March 2013
Given under the hand of the Mayor and Chief Administrative Officer and the seal of the Town of MAHONE
BAY this 20th day of March 2013
______________________
_________________________
C Joe Feeney, Mayor
James A Wentzell, CAO
Clerk's Notation
FIRST READING:
February 12, 2013
"NOTICE OF INTENT" PUBLICATION:
February 20, 2013
SECOND READING:
March 12, 2013
MINISTERIAL APPROVAL:
N/A
DATE OF PUBLISHING:
March 20, 2013
FORWARDED TO THE MINISTER:
March 21, 2013
FORWARDED TO TOWN WEBSITE:
March 21, 2013