BY-LAW 09-2
Pursuant to section 59 of the Community Planning Act, the Beaubassin-est Rural
Community, duly assembled, enacts as follows:
1. This by-law may be cited as the Beaubassin-Est Rural Community Building By-Law.
Interpretation
2. In this by-law:
“accessory building” means a detached secondary building, not used for human
habitation, located on the same lot as the main building, structure, or use to which it is
accessory, and which use is exclusively accessory to the main use of the lot, main
building or main structure;
“accessory structure” means a structure located on the same lot as the main building,
structure or use to which it is accessory, and which use is naturally or customarily
incidental and complementary to the main use of the lot, main building or main structure;
“Act” means the Community Planning Act;
“alter” means to make changes, structurally or otherwise, to a building or structure that
are not solely for maintenance purposes, and are not restricted to painting, replacing part
of a stoop, replacing a window without widening the window frame, or replacing the
roofing of a residential building;
“building” means any roofed structure with solid exterior walls permanently installed on
land, and which is used or intended as a shelter for people, animals, or materials and
equipment, as well as any structure with non-solid walls intended for non-residential
uses;
“building inspector” means a building inspector appointed by the Commission in
accordance with the Community Planning Act;
“Code” means the National Building Code of Canada in force (2005), and all its
amendments;
“Commission” means the Beaubassin Planning Commission as established by the
Community Planning Act;
“Council” means the Beaubassin-est Rural Community Council;
“development” means:
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(a)
the erecting, placing, relocating, removing, demolishing, altering, repairing or
replacing of a building or structure other than utility poles and wires, traffic control
devices, pipelines as defined in the Gas Distribution Act, 1999, except for buildings and
structures remote from the pipeline used for management and administration or housing
or storing of moveable equipment or statutory notices;
(b)
where the purposes for which lands, buildings and structures may be used are set
out in a regional plan, municipal plan, rural plan, basic planning statement, development
scheme, urban renewal scheme, zoning by-law or regulation, any change in the purpose
for which any land, building or structure is used;
(c)
any extraction of sand, gravel, clay, shale, limestone or other deposit for a
development mentioned in paragraph (a) or for the sale or another commercial use of the
material excavated; or
(d)
the making of land by cutting or filling to a depth in excess of one metre except in
the case of laying pipelines as defined in the Gas Distribution Act, 1999;
“development officer” is the person appointed by the Community Planning Act to
administer and enforce the provisions of this by-law;
“disclaimer” means the document attached to Schedule A of By-Law 09-2;
“non-developable private access” means an access belonging to and generally maintained by an
individual, company, or association that does not meet the requirements established for a
developable private access, like:
(a)
Existing and main buildings can be maintained and renovated, and existing vacant lots
can be maintained and renovated, provided that the owner signs a disclaimer and registers this
disclaimer at the registry office with its title of ownership;
(b)
The applicant is responsible of all legal fees related to this disclaimer.
“rural community” means the Beaubassin-est Rural Community, as defined in the
Municipalities Act;
“structure” means anything that is built, erected, or constructed of parts joined together
at a specific location on the soil or fixed to an element at a specific location in or on the
soil and includes buildings, walls, signs, but not poles, telephone lines, or power lines;
“use” means the purpose for which a piece of land, a building or a structure or any
combination thereof is reserved, arranged, erected, intended, occupied or maintained;
Application
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3. This by-law applies to the whole area of the Beaubassin-Est Rural Community, as
defined by the Municipalities Act.
Scope
4. The purpose of this by-law is:
(a)
to prescribe standards for erecting, siting or relocating, demolishing, altering or
replacing a building or structure,
(b)
to prohibit undertaking or continuing work mentioned in paragraph (a) in
violation of standards prescribed under paragraph (a),
(c)
to prescribe a system of development and building permits for work mentioned in
paragraph (a), and terms and conditions under which development and building permits
may be issued, suspended, reinstated, and revoked, and
(d)
to prescribe fees for development and building permits.
Adoption of Code
5. The National Building Code of Canada of 2005, which prescribes standards for
erecting, siting or relocating, demolishing, altering or replacing a building or structure is
adopted by reference as follows:
(a)
Part 1 – Scope and Definitions,
(b)
Part 2 – General Requirements,
(c)
Part 3 – Fire Protection, Occupant Safety and Accessibility,
(d)
Part 4 – Structural Design,
(e)
Part 5 – Environmental Separation,
(f)
Part 6 – Heating, Ventilating and Air-Conditioning,
(g)
Part 7 – Plumbing Services,
(h)
Part 8 – Safety Measures at Construction and Demolition Sites; and
(i)
Part 9 – Housing and Small Buildings.
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Exemptions from Code
6(1) No main buildings or structures are exempt from the application of the Code.
However, accessory buildings and structures could be exempt from the Code if they are
not designed for overnight accommodation. Also, accessory buildings and structures
could be exempt from the inspection by the building inspector at his discretion.
6(2) Notwithstanding subsection 1, the application of the Code in the case of camps
will be limited to structural requirements, the foundation being exempt, as well as other
provisions of the Code.
Appointment of Building Inspectors and Development Officers
7. The Commission must appoint building inspectors and development officers to
exercise the authority and carry out the duties described in this by-law.
Prohibited Acts
8. A person shall not undertake or continue to erect, locate or relocate, demolish, alter or
replace a building or structure unless both conditions below are met:
(a)
subject to section 6, the erection, siting or relocation, demolishing, alteration or
replacement of the building or structure is conform to the requirements of the Code as
adopted under section 5, and
(b)
a development and building permit has been issued under this by-law.
Applying for a Development and Building Permit
9. A person seeking to obtain a development and building permit shall submit a written
request to the development officer or building inspector, as the case may be, having
jurisdiction in the area where the land involved is located and such application shall:
(a)
be made on the form provided by the Commission;
(b)
be signed by the applicant;
(c)
describe the proposed development or state the intended use of the building or
structure, as applicable;
(d)
unless waived by the development officer or building inspector, include copies in
duplicate of the specifications and scale drawings of the development, building, or
structure for which the work is to be carried out, showing:
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(i)
the dimensions of the development, building, or structure,
(ii)
the proposed use of each room or floor area of the building or structure,
(iii)
the dimensions of the property on which the building or structure is, or is
to be, located,
(iv)
the grade level 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 parcel of land in
question;
(e)
set out the total estimated cost of the proposed work; and
(f)
contain any other information that the development officer or building
inspector may require for the purpose of determining compliance with this
by-law.
Issuing a Development and Building Permit
10.1 Subject to subsection (2), a development and building permit shall be issued when
the following conditions are met:
(a)
an application as referred to in subsection (1) has been received and is deemed to
be complete by the building inspector or the development officer;
(b)
the proposed work conforms to the requirements of this by-law, the Byenacting the Beaubassin-Est Rural Community Rural Plan and all applicable
by-laws, and regulations, and
(c)
Law
acts,
the fees set out in this by-law have been paid.
10.2 A development permit for the improvement of the electric system shall be issued
when:
(a)
there has been no structural changes to the building or structure, nor to the
provided use;
(b)
the building or structure has an electric system in place at the time of the request.
Conditions
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11.1 A development and building permit shall be subject to the following terms and
conditions:
(a)
subject to paragraph (b), the work mentioned on the development and/or building
permit shall start within 6 months from the date when the development and/or building
permit was issued, and shall be completed, at the latest, one year after the issue of this
permit or on the completion date prescribed by the permit;
(b)
a permit must be renewed in order to continue any work that remains unfinished
one year from the date the permit was issued;
(c)
the work mentioned on the development and/or building permit shall be carried
out, unless otherwise approved by the development officer or building inspector, as
applicable, in accordance with the specifications attached to the application.
11.2 When the work performed does not correspond to the work for which the permit
was issued, and/or the work mentioned on the permit was not carried out in accordance
with the specifications contained on the application, with a written permission from the
building inspector, the inspector may suspend or revoke the permit. To do so, the
inspector must advise the applicant in writing.
11.3 Any person whose permit has been suspended or revoked must resolve the
situation in contravention of this by-law and submit a new permit application before the
inspector can allow work to continue.
Wiring Permit
12. No wiring permit shall be issued under any Regulations under the Electrical
Installation and Inspection Act for a development located in an unincorporated area of
the Province unless the applicant presents a copy of the development and building permit
for this development.
Responsibility of Permit Holder
13.1 Subject to subsection (2), when a development and/or building permit is issued, the
applicant or his representative shall give the building inspector the following notices to
allow him to inspect certain steps of the development, when applicable. It is to note that
these notices must be made directly to an inspector of the Commission during regular
business hours, from Monday to Friday, between 8:30 and 4:30. The notices are the
following:
(a)
a 48-hour prior notice of his or her intention to start the work authorized by the
development and building permit,
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(b)
a notice of the placement of a foundation wall below the ground level at least
24 hours prior to any backfilling of the excavation, to allow the inspector to see the
footing and the drain,
(c)
a notice indicating the installation of the insulation, at least 24 hours prior to
covering the steam guard filter, and
(d)
a notice of the completion of the work within ten days following such completion.
13.2 Any person who neglects to provide the inspector with the proper notice or
information can be subject to the suspension or revocation of the permit, an order to stop
working can be issued and/or an order to conform can be issued to the applicant in
accordance with the Community Planning Act. It is the responsibility of the applicant to
ensure that the development is inspected. Also, if the inspector did not get to inspect a
step as described in subsection (1), the applicant will be advised in writing by the
inspector.
13.3 The Council reserves the right to undertake legal measures in accordance with the
Community Planning Act against any corporate, legal or natural person that contravenes
to this by-law.
13.4 The specifications and plans shall be kept available for inspection during the whole
duration of the authorized work.
13.4 The approval of plans or specifications, the issuing of a development and/or building
permit or an inspection under this by-law do not relieve anyone of any duty or
responsibility for carrying out the work in accordance with this by-law, municipal bylaws and other applicable regulations and laws.
Inspections
14.1 A building inspector shall inspect the erection, siting or relocation, demolishing,
alteration or replacement of a building or structure, and if he or she conducts such an
inspection, shall clearly identify him or herself, enter the sites during reasonable hours of
the day and wear adequate protective gear.
14.2 The inspector, following the notices received mentioned in section (13), must
prepare his or her inspection report. In the case where a step has not been inspected, the
applicant shall be advised in writing by the inspector.
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14.3 The inspector shall act according to the Community Planning Act.
14.4 The building inspector keeps a relevant register of the received requests, of the
development and building permits issued, as well as the inspections carried, and retains
copies of all papers and documents connected with the performance of the duties of a
building inspecto. If an applicant is carrying out tests and is sharing the results with the
inspector, he or she will insert a copy of the results in his or her files.
Signage on the Site
15. During the carrying out of the work authorized by a development and building permit,
the person named on the development and building permit shall keep posted in a
prominent location on the property for which the development and building permit was
issued:
(a)
a copy of the development and building permit or a poster or placard serving as
permit, and
(b)
a copy of the plans and specifications approved by the development officer or
building inspector, as the case may be.
Tests
16.1 The building inspector may do all or any of the following:
(a)
order that tests be performed on materials, devices, construction methods,
structural assemblies or the foundation condition, or, where evidence or proof is
necessary to determine if materials, devices, construction methods, structural assemblies
or the foundation condition meet the requirements of this by-law, require that sufficient
evidence be submitted, at the expense of the owner; and
(b)
revoke, suspend or refuse to issue a development and building permit where, in
the opinion of the building inspector, the results of the tests referred to in paragraph (a)
do not meet the requirements of this by-law.
16.2 The building inspector shall reinstate the development and building permit when the
materials, devices, construction methods, structural assemblies or foundation condition
meet the requirements of this by-law.
16.3 The building inspector shall keep proper records of all applications received,
development and building permits issued, and inspections and tests performed, and shall
retain copies of all papers and documents connected with the performance of the duties of
a building inspector.
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Copy of Code
17. The building inspector shall keep a copy of the Code available for public use,
viewing, and examination.
Fees
18.1 Subject to subsections (2) and 3(3), the fees to obtain a development and/or building
permit are:
a)
$25 plus $5 per $1,000 of the total estimated cost of the work, including materials
and labour, for a building or structure or for a change of usage needing a structural
change; and
b)
when a permit request is made after the start of the work, the fees of the permit
correspond to the double of the fees prescribed in paragraph18(1)(a).
18.2 Where the development officer or the building inspector, as applicable, is of the
opinion that the estimated cost of construction of the building or structure provided by an
applicant is unreasonable, the development officer or building inspector may refuse to
issue the development and/or building permit.
18.3 To renew a permit, the applicant must submit to the inspector all the information
required under this by-law, unless exempted from this requirement by the inspector, and a
fee of $25 must be paid.
Coming Into Force
19.1 Is repealed by-law 2007-02 Beaubassin-est Rural Community Building By-Law and
all its amendments in accordance with the Community Planning Act.
19.2 This by-law comes into force on the day it is filed at the registry office in Westmorland
County.
This by-law comes into force on the day it is filed at the registry office in Westmorland
County.
FIRST READING BY TITLES:
May 19, 2009
Date
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SECOND READING IN ITS ENTIRETY:
July 20, 2009
Date
THIRD READING AND ENACTMENT:
July 20, 2009
Date
______________________________
Ola DRISDELLE, Mayor
__________________________________
Christine LEBLANC, Clerk-Treasurer
Schedule A
DISCLAIMER
BETWEEN:
___________________, from _______________, in the county of
___________________ in the province of New Brunswick, and
___________________ from _______________, in the county of
___________________ in the province of New Brunswick,
hereinafter referred to as “applicant”;
AND:
BEAUBASSIN-EST RURAL COMMUNITY, a “rural
community”, according to section 190.072 of the Municipalities
Act, having its head office at 1709 Route 133 in Grand-Barachois,
in Westmorland County in the province of New Brunswick.
Property identification number: _____________________________
CONSIDERING THAT the applicant previously mentioned has presented a building
permit request to the Beaubassin-est Rural Community to build a dwelling along a private
access, which means an access whose development does not comply with the Guide to
Minimum Standards for the Construction of Subdivision Roads and Streets from the
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Department of Transportation and by-law 07-02, Beaubassin-est Rural Community
Subdivision By-Law;
CONSIDERING THAT the applicant has been informed of the civil risks and restraints
concerning the public security of a development along a private access;
AND CONSIDERING THAT the Beaubassin-est Rural Community accepts to issue a
building permit under the conditions described here.
BE IT RESOLVED THAT, the parties, in consideration of the mutual covenants, terms
and conditions herein contained, recognize and agree of the following:
1.
The Beaubassin-est Rural Community agrees to issue a building permit for the
property mentioned in the above-captioned matter, even though the access to the property
does not comply with the previsions of the municipal by-laws and regulations related to
the rural plan, building and subdivisions.
2.
The applicant agrees that the subdivision in question will not give any right to
ditch maintenance services and surface drainage services, water, sanitary sewer, storm
sewer, electricity supply, lighting, waste collection or other services from the Beaubassinest Rural Community and commits not to ask for any of these maintenance and road
clearing services, ditch maintenance services and surface drainage services, water,
sanitary sewer, storm sewer, electricity supply, lighting, waste collection or other services
from the Beaubassin-est Rural Community, for PID _________________, and that, until
the street is developed to conform with the Guide to Minimum Standards for the
Construction of Subdivision Roads and Streets from the Department of Transportation of
New Brunswick, and that it becomes a public street.
3.
Notwithstanding the foregoing, the applicant gives up any remedies and frees the
Beaubassin-est Rural Community, its agents and employees of all civil pursuits, in the
event of an incident linked to the nature and/or the state of the private access.
4.
This Agreement applies to the advantage of the undersigned and forces them, as
well as their respective heirs, successors, grantors, administrators and executors.
5.
The parties recognize that the issuance of the building permit is also conditional
to the registration of this disclaimer to the Office of the registrar of deeds for the county
of Westmorland for the property identification number in order to give notice to the
owners.
6.
No changes to the present document shall be made without the consent of the
parties.
7.
For interpretation purposes of this Act, words in the singular include the plural,
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and vice versa. Words importing female persons include male persons and words
importing male persons include female persons.
8.
Should there be any discrepancy, the original version of this document (French)
takes precedence over the translated version (English).
THEREFORE, the parties have signed the present contract at ____________, on this
______ day of the month of ________________ 20_____.
Signed on the ______________________________ 20_____.
_____________________________
________________________________
Witness
Applicant
_____________________________
________________________________
Witness
Applicant
_____________________________
________________________________
Witness
Beaubassin-est Rural Community
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