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BE IT RESOLVED by the Town Council of the Town of Truro that the following Bylaw be enacted
and that the Clerk file a copy in the office of the Minister of Environment and Labour pursuant to
Section 7 of the Building Code Act, RSNS, 1989, c46.
The Town of Truro hereby adopts the Provincial Building Code, Provincial Building Code
Regulations and amendments as adopted by the Province from time to time.
Definitions
1.1
The Town of Truro hereby adopts Building Code Act, RSNS, 1989, c46, 8.2 and the
Regulations under this Act.
1.2
In this Bylaw:
1.2.1 "Construction" includes erection, alteration, repair, dismantling and demolition of
structures and incudes structural maintenance, hammering, land clearing, moving of
earth, rock or felled trees, rock breaking, grading excavating, the laying of pipe or
conduit whether above or below ground level, working with concrete, alteration or
installation of any equipment, the structural installation of construction components
or materials in any form whatsoever, the placing or removing of any construction
related materials and includes any related work, but does not include blasting;
1.2.2 "Construction Equipment" means any equipment or device designed and intended
for use in construction or material handling including but not limited to air
compressors, air tracks, pile drivers, pneumatic or hydraulic tools, bulldozers,
tractors, excavators, trenchers, cranes, derricks, loaders, backhoes, scrapers,
pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers,
pumps, concrete mixers, graders and other material handling equipment.
1.2.3 "Construction Site Management Plan" means a combination of diagrams,
documents, drawings, and specifications, prepared by the owner or professional that
clearly define the steps that will be taken to demonstrate how the impacts to the
community will be minimized and how the impacts associated with any construction
project will be managed.
Town of Truro - Bylaws
Subject:
Bylaw Number:
Approval Date:
Departments:
Building (Building Code Act)
B180-003
September 2, 2003, as amended to April 7, 2025
Planning & Development, Finance
Permits
2.1
A building permit, occupancy permit and demolition permit shall be in the forms as
prescribed from time to time.
2.2
Before a permit is issued, an applicant must complete an application form.
2.2.1 Every application for a permit shall:
(a)
Identify and describe in detail the work and occupancy to be covered by the
permit for which applicant 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 specifications as required by Section 2.3 of the Provincial
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;
(e)
State the names, addresses and telephone numbers of the owner, architect,
professional engineer or other designer and constructor; and
(f)
Include a Construction Site Management Plan if required by the Town of
Truro Construction Site Management Policy, in accordance with that Policy.
2.2.2 When an application for a permit has not be completed in conformance with the
requirements of this Bylaw within six months after it is filed, the application shall
be deemed to have been abandoned.
2.2.3 A building permit is valid for one year from the date of issue and is renewable upon
written request (and payment of fee) prior to expiration.
2.2.4 A demolition permit is valid for thirty (30) days from the date of issue and is
renewable for an additional thirty (30) day period upon written request and payment
of fee prior to expiration.
2.3
Before issuing a building permit, a complete application duly executed shall be filed with
the authority having jurisdiction, including a Construction Site Management Plan (if
required by the Construction Site Management Policy) that has been approved by the
authority having jurisdiction.
2.3.1 Before issuing a building permit the authority having jurisdiction shall be satisfied
that a development permit has been issued pursuant to the Land Use Bylaw of the
Town of Truro.
2.3.2 Before issuing a demolition permit the authority having jurisdiction shall be
satisfied the building is not subject to the provisions of a Bylaw passed pursuant to
the Heritage Property Act.
2.3.3 A permit for a temporary building:
(a)
Shall state the date after which and the conditions under which, the permit
is no longer valid;
(b)
May be extended upon written request prior to expiration date and payment
of fee;
(c)
Shall be posted on the building.
2.3.4 (a) Should a permit be issued for part of a building, the holder of the permit may
proceed, but without any assurance that the permit for the entire building
will be granted;
(b) Any permit issued for part only a building shall be clearly marked as for part
only, and shall also indicate that a permit for the entire building is not
assured.
2.3.5 (a) A permit may be issued at the risk of the owner, with conditions to ensure
compliance with the Provincial Building Code, to excavate 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".
2.3.6 (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 fact of the permit.
Inspection
3.1 The authority having jurisdiction shall be notified a minimum of forty-eight (48) hours in
advance and given an opportunity to inspect at the stages of construction as indicated in the
Provincial Building Code Regulations.
Permit Fees
4.1
Fees for permits shall be as follows:
Permit Type
Fee
Administration Fee
$25.00*
Construction
Residential
$0.06 per ft2
Non-Residential
$0.10 per ft2
Renovation
Residential
Less than 1000 ft2
$25.00
Over 1000 ft2
$50.00
Over 5000 ft2
$250.00
Non-Residential
Less than 1000 ft2
$100.00
Over 5000 ft2
$250.00
Demolition
Residential
$25.00
Non-Residential
$100.00
Repair
$25.00
Permit Renewal
$25.00
Sign Requiring Building Permit
$25.00
Temporary Structure
$50.00
Minimum Fee
Permit Cancellation
Permit Renewal
$50.00
$25.00
$25.00
75% of fee refunded
*New Construction Only
Hours of Construction
5.1
No person shall:
(a)
Use or operate construction equipment; or
(b)
Engage in construction or the operation of any equipment in connection with
construction;
Between the hours of 10:00 p.m. and 6:30 a.m., except where such construction or operation
of equipment is on any highways, or Town-owned streets, sidewalks or water or sewer
utilities.
5.2
Any person may make application to the Building Inspector to be granted an exemption
from Section 5.1 of this Bylaw. The Building Inspector may refuse to grant the exemption
or may grant the exemption applied for or any exemption of lesser effect. Any exemption
so granted shall:
(a)
Specify a time period of not greater than three days during which the exemption
shall be effective; and
(b)
Shall include such terms and conditions as the Building Inspector deems
appropriate, which may include a requirement that the applicant provide advance
notice to abutting land owners or tenants of the hours of the construction or
operation of construction equipment to occur in accordance with the exemption.
5.3
In deciding whether or not to grant an exemption under Section 5.2 or in determining terms
or conditions of the exemption, the Building Inspector shall give consideration to:
(a)
The volume, nature, duration and consistency of noise emission from the
construction or operation of construction equipment;
(b)
The proximity and nature of abutting or adjacent land uses;
(c)
The proposed hours of operation;
(d)
The nature and degree of any inconvenience to adjacent or abutting land owners;
(e)
The reason for the requested exemption, and the effect on the applicant if the
exemption is not granted;
(f)
Any other factors relevant to balancing the interests of the applicant in the proposed
activity against the interests of those persons who might be disturbed by the
proposed activity.
5.4
Compliance with this Bylaw shall not permit the applicant to violate the Town of Truro
Noise Bylaw.
5.5
Any contravention of the terms or conditions of an exemption pursuant to Section 5.2 shall
constitute a contravention of this Bylaw. In addition to any other available remedies for
such contravention, the Building Inspector may suspend or cancel an exemption.
5.6
Any person who contravenes Section 5.1 or the terms or conditions of an exemption granted
pursuant to Section 5.2 is punishable on summary conviction by a fine of not less than $500
and not more than $5,000 and to imprisonment of not more than 6 months imprisonment in
default of payment thereof.
Construction Site Management
6.1
All construction must meet the requirements set out in this Section 6.1, and every
Construction Site Management Plan shall address these requirements to the satisfaction of
the authority having jurisdiction.
6.1.1 Meet the following requirements related to vehicle and pedestrian management:
(a)
Provide for and ensure the safe passage of pedestrians, cyclists, and vehicular traffic
past the site;
(b)
Sidewalks and off-street parking space adjacent to and roadways abutting the site
must remain open and safe for public use, unless authorized by a valid Work Within
Town Right of Way Permit;
(c)
Materials or equipment shall not be placed on any street or other public property
except as authorized by a valid Work within Town Right of Way Permit;
(d)
Prior to the obstruction or closure of any sidewalk or roads the Owner must obtain a
Work Within Town Right of Way Permit;
(e)
Where demolition and/or construction operations necessitate the obstruction of a
sidewalk, a temporary protected walkway shall be provided as specified in Part 8 of
the National Building Code, and shall be kept clear of obstructions;
(f)
Any obstruction of normal two-way traffic flow caused by demolition and/or
construction activities or deliveries requires a formal Traffic Control Plan that
satisfies Nova Scotia Temporary Workplace Traffic Control Manual requirements as
specified within the current regulations and the requirements of the Town's Traffic
Authority;
(g)
Prior to any construction activity, any required on-site traffic control measures or
signage shall be erected in accordance with Nova Scotia Department of
Transportation and Infrastructure Renewal's Temporary Workplace Traffic Control
Manual; and
(h)
Where a Town Building Official or the Town Engineer determines that a construction
or demolition project may constitute a hazard to pedestrians using an adjacent
sidewalk or public right-of-way, work shall not commence until a covered way has
been provided over the adjacent sidewalk or public right-of-way as described in Part
8 in the National Building Code.
6.1.2. Meet the following requirements related to security and safety measures:
(a)
The Owner must abide by the Safety Measures at Construction & Demolition Sites
outlined in Part 8 of the National Building Code;
(b)
The Owner shall be responsible for approval for crane operations; if loads must be
transferred over a public space or right-of-way, the area must be closed to access and
a valid Work Within Town Right of Way Permit must be obtained;
(c)
The Owner must take sole responsibility of site safety;
(d)
The Owner must undertake all measures required to protect the public in accordance
with Part 8 of the National Building Code, including hoarding, guards, fences,
screens and barricades;
(e)
If required by a Town Building Official or the Town Engineer, the Owner shall install
one or more forms of protection in addition to any required pursuant to clause (d);
(f)
Any required protective measures must be installed prior to the start of any
excavation, demolition or construction;
(g)
Hoarding or fencing required within 6.0 m of a public right-of-way must:
i. be constructed in a manner that meets Part 8 of the National Building Code;
ii. be constructed of solid (opaque) hoarding material a minimum of 1.8m high;
iii. extend along the full length of any property line abutting a public right-of-
way and extend back along any side lot lines a minimum of 6.0 m from the
public right-of-way;
(h)
Access gates must be clearly marked, and signage must be posted setting out the
personnel who are authorized to enter the site, personal protective equipment that is
required for anyone entering the site, and warning of any hazards that may exist.
6.1.3. Meet the following requirements related to signage:
(a)
The Owner must provide and post on the property signage describing the construction
project and providing the following information:
a. the proposed use;
b. civic address of the development;
c. project renderings; and
d. contact information for the owner's site manager; and
(b)
Locate the signage on the property in a conspicuous location that, when the signage
is viewed from the public right-of-way, is clearly visible and legible.
6.1.4. Meet the following requirements related to environmental controls:
(a)
The Owner must limit noise and vibration related to construction and demolition
activity in accordance with Section 5;
(b)
The Owner must mitigate excessive dust during the demolition, excavation, and
construction;
(c)
The Owner must follow guidelines and regulations for erosion and sedimentation
control;
(d)
The construction must adhere to an approved storm water management plan if a
storm water management plan is required by Town of Truro Engineering and Public
Works Department;
(e)
The Owner shall be responsible for the immediate clean-up and disposal of eroded
soils, debris, or other waste material related to any construction or demolition work
that is deposited or accumulates on any other property or within any public right-
of-way; and
(f)
The clean-up of any eroded soils, debris, or other waste material with a public right-
of-way or on public property shall be conducted as prescribed by the Town Engineer
and the work shall be subject to approval by the Town Engineer.
Clerk's Annotation for Official Bylaw Book
Date of first reading of amended Bylaw: March 3, 2025
Date of posting of Notice of Intent to Consider: March 25, 2025
Date of second reading of amended Bylaw: April 7, 2025
*Date of advertisement of Passage of amended Bylaw: April 8, 2025
Date of mailing to Minister a certified copy of amended Bylaw: April 25, 2025
I certify that this Bylaw was adopted by Council and published as indicated above.
______________________________
May 2, 2025___________
Clerk
Date
* Effective Date of the Bylaw unless otherwise specified in the text of the Bylaw