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2012-10-17_Building By-Law No. 81Municipality of the District of Chester Building lam Um Um By-Law #81 Effective October 17, 2012 Building By -Law (continued) Page 2 of 9 MUNICIPALITY OF THE DISTRICT OF CHESTER BY -LAW BY -LAW # 81 BUILDING BY -LAW 1. This By -Law is entitled the 'Building By -Law' 2. In this By -Law: a. "Authority having jurisdiction" means the Building Official or Officials appointed by the Council of the Municipality of the District of Chester acting pursuant to Section 5 of the Act. b. 'Building" means a building as defined from time to time by the Building Code Act. C. "Building Code" means the regulations made pursuant to Section 4 of the Building Code Act. d. `Building Code Act" under Chapter 46 means Chapter 46 of the Revised Status of the Nova Scotia, 1989, the Building Code Act, as amended. e. 'Building Official' means any person appointed as a building inspector by the Council of the Municipality of the District of Chester pursuant to Section 5 of the Building Code Act; f "CAO" means the Chief Administrative Officer of the Municipality of the District of Chester. 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. "Demolish" or "Demolition' means the doing of anything in the removal of a building or any material part thereof. i. "Material Alteration' and "Material Repair" means (notwithstanding the definition in the provincial building code regulations) work done in the construction or demolition of a building which work is covered by the Building Code and which: i. is non - structural construction which has a monetary value of more than $5,000.00; or ii. is construction or demolition to the structure of the building. "Municipality" means the Municipality of the District of Chester. Recommenoation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) Page 3 of 9 k. "National Building Code of Canada" means the National Building Code issued by the National research Council. 1. "Nova Scotia Building Code Regulations" or "Regulations" refer to regulations made pursuant to Section 4 of the Building Code Act. 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 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. P. 'Regulations" means the regulations made pursuant to Section 4 of the Act. Application 3.1 This By -law shall apply to the entire Municipality. 3.2 In addition to the requirements and provisions set out in this By -law, all requirements and provisions of the Nova Scotia Building Code Act and Nova Scotia Building Code Regulations (and any National Building Code of Canada adapted pursuant there to) shall apply to the entire Municipality. 4. Permits 4.1 Required Permits 4.1.1 Building Permit. A Building Permit is required for all construction or demolition that is within the Scope and Application of the Nova Scotia Building Code Regulations, and which is not exempt from the requirements of the Nova Scotia Building Code Regulations pursuant to Article 1.2.1.2. 4.1.2 Occupancy Permit. An Occupancy Permit Is required: (a) to allow initial occupancy of a building or part thereof, or (b) when the occupancy classification of a building or part thereof is changed. 4.1.3 Before an Occupancy permit shall be issued for any building or part thereof: (a) a valid building permit must be in effect, and (b) all applicable fees must be paid in full, for the installation and hook -up of Municipality sewer and water infrastructure. (c) upon the successful completion of a Building Permit pursuant to Section 5 an Occupancy Permit shall be issued with any attendant conditions. Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) Page 4 of 9 4.1.4 Temporary Building Permits. The issuance of a Temporary Building Permit is subject to the restrictions and conditions as outlined in Article 1.4.1.12 of the Nova Scotia Building Code Regulations. A Temporary building shall not be occupied or used unless an occupancy permit has been issued. 4.1.5 Demolition Permit. A Demolition Permit is required for the demolition of a building or part thereof. 4.1.6 Permission to Proceed in Part. The issuance of a Partial Building Permit is subject to the restrictions and conditions as outlined in Article1.4.1.11 of the Nova Scotia Building Code regulations. 4.1.7 Conditional Building / Conditional Occupancy Permit. The issuance of a Conditional Building Permit or Conditional Occupancy Permit is subject to the restrictions and conditions as outlined in Article 2.5.1.5 of the Nova Scotia Building Code Regulations. 4.2 Application Fee Required 4.2.1 All application fees, as established by Policy, must be paid in full before a building permit, occupancy permit, or demolition permit may be issued. Fees for permits shall be established by Council by Policy from time to time. 4.3 Refund of Application Fee 4.3.1 Fees may be refunded pursuant to Policy in situations where: (i) Application never completed (ii) Permit denied (iii) Permit revoked or abandoned before work commenced (iv) Permit revolted or abandoned after work commenced 4.4 Permit Application 4.4.1 Every permit application shall: (a) include a completed current Municipality of the District of Chester permit application form, (b) identify and describe in detail the work and occupancy to be covered by the permit for which the application is made, (c) describe the land by including Nova Scotia Property On Line Parcel Identifier (PID) and a description that will readily identify and locate the building lot, (d) identify and locate the proposed construction from lot lines and building separations showing: L the dimensions and total area of the lot, ii. the location of the proposed and existing buildings and the relationship between the proposed building to other structures on Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) Page 5 of 9 the same property, including the distance from all property lines. iii. the location of the proposed and existing buildings by survey or location certificate if deemed necessary by the Building Official. (e) building plans and specifications as required by of the Nova Scotia Building Code, (f) state the value of the proposed work based upon materials and labor; (g) state the name, address and telephone numbers of the owner, architect, professional engineer, constructor and any inspection or testing agency, (h) provide such additional information as may be required by the authority having jurisdiction, (f) describe any special building systems, materials and appliances, (j) include payment of all applicable fees. 4.5 Permit Abandoned When an application for a building or demolition permit has not been completed in conformance with this by -law within a period of six months after filing, the application shall be deemed to have been abandoned. 4.6 Permit Revisions Any substantial revision to the work covered by a permit shall require an application for amendment to the permit. 4.7 Permit Renewal A permit, other than a permit for a temporary building or occupancy permit, is valid for eighteen (18) months from the date of issuance and may only be renewed upon application in writing. A permit, other than a permit for a temporary building, as renewed, shall be valid for a period of eighteen (18) months from the date of renewal and may only be further renewed upon application in writing. 4.8 Withholding Permits 4.8.1 Building permits may be withheld until the following permits have been issued: (a) a valid on -site sewage disposal permit issued by the Department of Environment and Labour for the construction of a building requiring a new private on -site sewage disposal system, (b) a heritage permit pursuant to the Heritage Property Act, (c) a Development Permit pursuant to the Land Use By -law, and (d) a certificate of appropriateness pursuant to the Heritage Conservation By- law. (e) a copy of any permit required by the Nova Scotia Department of Transportation and Infrastructure Renewal in the case of the construction of Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) Page 6 of 9 buildings or structures requiring a permit. 4.8.2 Building permits will be withheld until all applicable requirements of the Municipality's By -law Respecting the Subdivision of Land have been complied with. 5. Inspections 5.1 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 vapour 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 Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) 6. Repeal Page 7 of 9 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 6.1 All former Building By -laws of the Municipality are hereby repealed and this Bylaw substituted therefore. 7. Effective Date 7.1 The effective date of this By -Law is October 17, 2012. Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) Page 8 of 9 Annotation for Official By -Law Book Date of First Reading July 26, 2012 Date of advertisement of Notice of Intent to Consider September 14, 2012 Date of Second Reading September 27, 2012 Date of advertisement of passage of By -Law * October 17, 2012 Date of mailing to Minister a certified copy of By -Law October 26, 2012 I certify that the Building By -Law #81 was amended by Council and published as indicated above October 26 2012 Pamela M. Myra, Mu cipal Cleric Date *Effective Date of the By -Law unless otherwise specified in the text of the By -Law Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin) Building By -Law (continued) MUNICIPALITY OF THE DISTRICT OF CHESTER mil NOTICE RE: BY -LAW AMENDMENT Take notice that Chester Municipal Council considered the amendment of a By- Law of the Municipality of the District of Chester at a meeting held on Thursday, September 27, 2012. The amendment was approved as follows: Page 9 of 9 By -Law Amendment By -Law Bl - Amendment to: Building By -Law (a) Incorporate required changes to coincide with the National Building Code in order to make references current; and (b) Amendments to Sections 4.2.1 and 4.2.2 to reflect the consideration of the percentage of fees to be refunded be dealt with in the Policy for Municipal Fees. Further take notice that a copy of the above- mentioned By -Law may be viewed or obtained between the hours of 8:30 a.m. and 4:30 p.m. at the offices of the Municipality of the District of Chester, 151 King Street, Chester, NS or on the website at www.chester.ca . And further take notice that the above - mentioned adoption will become effective as of the date of publication of this newspaper. Pamela M. Myra Municipal Clerk I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Progress Bulletin on Wednesday, October 17, 2012. Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 26th day of October, 2012. Pamela M. Pyra //Municipal Cer U Recommendation for Amendment - Committee of the Whole - July 19, 2012 First Reading - Council - July 26, 2012 Second Reading - Council - September 27, 2012 Effective Date - October 17, 2012 (Progress Bulletin)