HomeMy Public PortalAbout151-23 BUILDING BY-LAWBUILDING BY -LAW
BY-LAW #151-23
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The Council of Sussex under the authority vested in it by Section 59 of the Community
Planning Act enacts as follows.
1 TITLE
(1) This By-law may be cited as the "Building By -Law"
(2) The provisions of this by-law apply to the entire area within the Town
limits of Sussex.
2 PURPOSE
The purpose of this By -Law is:
(1)
to prescribe standards for the building, locating or relocating, repairing,
altering, demolishing, or replacing a building or structure;
(2) to prohibit the undertaking or continuing of work mentioned in Clause
(1), which is in violation of standards prescribed hereby;
(3)
to prescribe a system of permits for work mentioned in Clause
(1), their terms and conditions, the conditions under which they may be
issued, suspended, reinstated, revoked and renewed, their form and fees
therefore; and
(4) to prescribe that no building or structure shall be constructed,
structurally altered, repaired or demolished except in accordance with
the standards prescribed by this By -Law.
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3 INTERPRETATION
In this By -Law:
(1) "alter" means, in relation to a building or structure, make any structural
or other change thereto which is not for purposes of maintenance only;
(2) "arterial and collector highways" means, respectively, highways so
designated under the Highway Act;
(3) "authority having jurisdiction" means, the Building Inspector for
Sussex.
(4) "building" means any structure used or intended for supporting or
sheltering any use or occupancy;
(5) "building inspector" means a person designated by the Council of
Sussex to enforce this bylaw;
(6) "code" means the latest edition of the National Building Code of Canada
as adopted by the Province of New Brunswick;
(7) "development officer" means the development officer as defined in the
Community Planning Act;
(8) "dwelling" means building, as defined in the Code adopted by Section 3,
containing one or more dwelling units;
(9) "floor elevation"means, the height at which the surface of the floor of
the first storey of a building or structure is to be finished;
(10) ' foundation" means, any structure constructed of wood, concrete or any
other approved building material designed to support other parts of a
building or structure;
(11) "street line" means, the common line between a street and a lot;
(12) "structure" means anything constructed or erected on or below the
ground, or attached to something on the ground and includes all
buildings;
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(13) "work" means the building, locating or relocating demolishing, altering,
structurally altering, repairing or replacing, or any combination thereof,
of a building or structure.
4 ADOPTION OF CODE
The National Building Code of Canada, (hereinafter called the Code), with future
revisions and amendments thereof, except for Part 5 Environmental
Separations and Part 8 Safety Measures at Construction and Demolition Sites as
designated in an order in Council under the Community Planning Act, R.S.N.B.
1973 c. C-12, is adopted by reference as follows:
(1) Parts L 2 and 7 thereof apply to all buildings, except farm buildings;
(2) Parts 3, 4, and 6 thereof apply to all buildings, except farm buildings,
used for major occupancies classified as:
a) Group A, Assembly Occupancies,
b) Group B, Care or Detention Occupancies, and
c) Group F, Division I, High Hazard Industrial Occupancies;
(3)
all buildings exceeding 600 meters squared in building area or exceeding
three (3) storeys in building height used for major occupancies classified
as
a] Group C, Residential Occupancies,
b) Group D, Business and Personal Services Occupancies,
c] Group E, Mercantile Occupancies, or
d] Group F, Division 2 and 3, Medium and Low Hazard
Industrial Occupancies;
(4) Part 9 applies to buildings of 3 storeys or less in building height, or
having a building area not exceeding 600 meters squared and which are
used for major occupancies classified as
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a) Group C, Residential Occupancies, (see Appendix A-4,1.1.1.)
b) Group D, Business and Personal Services Occupancies,
c) Group E, Mercantile Occupancies, or
d) Group F, Division 2 and 3, Medium and Low Hazard Industrial
Occupancies; and
(5) This code applies both to site assembled and factory -made buildings.
(6) Notwithstanding the above, no penalty clause or any administrative
procedure contained in the National Building Code of Canada is adopted.
(7) The following standard publications are adopted by reference and shall
apply as if written out herein if full:
i. Canadian Housing Code.
ii. Canadian Plumbing Code.
Canadian Standards Association
iv. American Water Works Association.
v. American Society for Testing Materials.
(8) Reference to Standards and Codes shall mean the latest edition of such
publication adopted and published by the Province of New Brunswick at
the date of submission of the application for a building permit.
(9)
Sussex hereby adopts, pursuant to Section 59 of the Community Planning
Act, the barrier -free design Building Code regulation 2011-61 under said
Community Planning Act.
5 APPOINTMENT OF BUILDING INSPECTOR
[1)
The Council shall appoint a Building Inspector who shall exercise such
powers and perform such duties as are provided by this By-law.
(2) The Building Inspector shall:
a) administer this By -Law;
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b) keep one (1) copy of the adopted Codes available for public use,
inspection and examination; and
c) keep proper records of all applications received, permits and
orders issued, inspections and tests carried out and retain copies
of all papers and documents connected with the Administration of
his duties.
6 APPROVAL IN PART
(1)
When , in order to expedite work, approval of a portion of the building is
desired prior to the issuance of a permit for the whole project,
application shall be made for the complete project and complete plans
and specifications covering the portion of the work for which immediate
approval is desired, shall be filed with the "authority having jurisdiction".
(2) Should a permit be issued for part of a building or structure, the holder of
such permit may proceed without assurance that the permit for the
entire building or structure will be granted.
7 NEW FOUNDATIONS
(1)
a] Where an application for a building permit is made and the work
described therein involves new foundation construction, a building
permit for such construction shall be issued on the condition that
construction of the building or structure shall not proceed beyond the
foundation form work prior to the placing of concrete. At this stage, a
New Brunswick land surveyor shall, in writing, confirm the location of
the form work prior to the placement of concrete and shall deliver this
written confirmation to the office of the Building Inspector of Sussex.
Upon approval by the Building Inspector, the foundation may be
poured according to the location of the form work.
b) The construction of the building or structure shall not proceed beyond
the foundation stage, unless the Development officer of Sussex has
received and approved a building location survey plan, prepared by a
surveyor licensed in the Province of New Brunswick.
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(2) A building location survey plan referred to in Section 7(1) (b) shall
indicate the distances from the outer walls of the foundation to the
property boundary lines and to other buildings on the property and shall
be signed by a New Brunswick land surveyor before being received and
considered by the Development Officer of Sussex.
(3)
All new foundations for new developments shall be formed and poured
such that the lowest elevation of the top of the foundation wall shall have
a minimum elevation of 0.46 metres or 460 millimetres above the center
line of the affronting street (s). This is applicable to all new development
to be placed or erected, located or relocated on any registered building
lot or any parcel of land which is greater in mean elevation than 0.92
metres or 920 millimetres lower that the centerline elevation of the
aforementioned street(s).
If any building lot or any parcel of land has a mean lot elevation lower
than 0.92 metres or 920 millimetres below the centerline of the
affronting street(s), the requirement of 7(3) is waived but a proposed lot
grading plan must be submitted with the required building plans and
approved by the Building Inspector prior to the issuance of a Building
Permit.
(4) The requirements of subsection (1) and (2) for new foundations may not
be required for proposed additions to existing buildings and structures or
for proposed accessory buildings if the owner of the land can
demonstrate on the required plot plan for Building Permit purposes that
the proposed addition or accessory building exceeds the minimum front
yard setback requirement by ten percent (10%) and the side and rear
yard setback requirement by twenty-five percent (25%), Distances
between buildings or structures are included in the twenty-five percent
(25%) requirement, Subject to Building Inspectors discretion,
8 BUILDING PERMITS
(1) No person shall commence or continue any of the work referred to in
Section 2 (4), or any part thereof, unless a building permit therefore has
been issued pursuant to this Section.
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(2) A person seeking to obtain a building permit shall make application in
writing to the Building Inspector, and such application shall:
a) be in a form prescribed by the Council;
b) be signed by the property owner or owner's agent,
c) state the intended use of the building or structure;
d) unless waived by the Building Inspector, include, subject to
Subsection (7), one (1) copy of the specifications and scale
drawings of the building or structure with respect to which the
work is to be carried out, showing
i. the dimensions of the building or structure,
ii. the proposed use of each room or floor area,
iii. the dimensions of the land on which the building is, or is to
be situated,
iv. the grades of the streets and sewers abutting the land
mentioned in Sub -clause (iii), and
v. the position, height and horizontal dimensions of all
buildings and those proposed to be located on, the land
referred to;
e) set out the total estimated cost of the proposed work; and
(3)
f) contain such other information as the Building Inspector may
require for the purpose of determining compliance herewith.
Where:
a) an application referred to in Subsection (2) has been received; and
b) the proposed work conforms with this and any other applicable
By -Law;
the Building Inspector shall issue the building permit requested in
accordance with the Sussex Building Permit policy.
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(4) A permit hereunder is issued on the condition that the work mentioned
therein:
a) is commenced within six months from the date of issue of the
permit;
b) is not discontinued or suspended in excess of six months or in such
manner that any exterior surface intended to be clad remains
unclad in excess of two months; and
c) is carried out, unless otherwise approved by the Building
Inspector, in compliance with the specifications contained in the
application for the permit.
(5)
Where any person violates a condition referred to in Subsection
(4) or any provision of this By -Law, the Building Inspector shall, by
written notice, served personally on and sent by registered mail to the
person named in the permit, state the nature of the violation and order
the cessation thereof, within a reasonable time mentioned in the notice.
(6) Where any person fails to comply with an order referred to in
Subsection (5), the Building Inspector may suspend or revoke the
building permit and may, if the conditions leading to the suspension are
subsequently corrected, reinstate the suspended permit.
(7)
(8)
Specifications and scale drawings, referred to in Subsection (2) , for a
building permit, in respect of a building or structure referred to in
Subsection 3 (b), shall not be considered by the Building Inspector, unless
they meet or exceed the standards of the National Building Code.
Wherever the character of the proposed work requires
technical knowledge, such as reinforced concrete, steel, timber
construction, trusses and other methods, the Building Inspector may
require that the plans and specifications be prepared, signed and sealed,
and the construction may be required to be supervised by an Architect or
Engineer entitled to practice in the Province of New Brunswick. All costs
incurred to be borne by the applicant.
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(9)
No person shall, by the issuing of a permit and the approval of plans or
specifications or inspections made hereunder, be relieved of any duty or
responsibility for carrying out works in accordance with this By -Law.
(10) Except in the case of permits for the removal or demolition of a building,
where the work for which a permit has been issued, has not commenced
within six months of the date of issuance, the Building Inspector may
revoke the permit, without reimbursement of fees.
9 REMOVAL, RELOCATION, DEMOLITION
(1) No building shall be removed for the purposes of relocating if the
building:
a) is in such a state of deterioration or disrepair, or is otherwise so
structurally unsafe that it could not be moved without endangering
persons or property; or
b) is structurally unsafe or unfit for the proposed use at its new
location, if the proposed new location is within Sussex.
(2) The application for a removal, relocation or demolition permit shall set
forth:
a) a description of the building, giving the existing location,
construction materials, dimensions, number of rooms and
condition of exterior and interior;
b) a legal description of the existing'site of the building.
c) a legal description of the site to which it is proposed such building
be moved, if located within Sussex; and
d) a plan of the site to be occupied by the building, when relocated.
(3) A deposit, in the amount set out below, shall be made with the Building
Inspector at the time of obtaining a permit for removal or demolition of
any building or structure. Deposit to be made either by cash or certified
cheque, and payable to Sussex, will be returned to the applicant upon
completion of the work, to the satisfaction of the Building Inspector. This
deposit shall be separate from any building permit fees.
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TOTAL ESTIMATED
COST OF WORK
DEPOSIT
Not more than $5,000
The greater of $200 or 30%
of the total estimated cost
of work
$5,001 up to $10,000
20% of the total estimated
cost of work
over $10,000
10% of the total estimated
cost of work
(4) The contractor shall maintain insurance of a kind and amount
satisfactory to the Building Inspector and shall lodge evidence of such
insurance with the Building Inspector at the time of obtaining a permit
for the removal or demolition of any building.
(5)
a) The general contractor shall commence the removal or demolition
of building within seven (7) days of the date of issuance of the
permit. Upon failure to do so, the Building Inspector may cancel
the permit and the deposit will be forfeited to the Town.
b) The work of removal or demolition shall be completed within the
time specified in the permit. If the said work is not completed
within the time specified or in accordance with the provisions
herein, the Town may complete the work and charge the cost
against the owner.
(6) Barricades to the satisfaction of the Building Inspector shall be supplied
and erected by the contractor to prevent the public from entering the
area affected by demolition operations.
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(7)
(8)
(9)
In the filling of basements or large recesses, all concrete, steel, wood
debris, rubbish and other non organic materials shall be removed from
the site or disposed of in a manner satisfactory to the Building Inspector.
All back -fill material shall be clean fill,
a) Contractors, prior to starting work shall notify the Building
Inspector of pre-existing damage to sidewalks, roads and other
public property. All damage to sidewalks, roads and other public
property caused by this work shall be repaired to the satisfaction
of the Building Inspector
b) All temporary obstructions relating to the work shall be removed
upon completion of work.
it
c) A structure or part of a structure shall not be left in such a
condition that it constitutes or may constitute a danger to the
public.
On completion of the removal or demolition of a building, the return of
the deposit will not be made unless the site is properly cleared to the
satisfaction of the Building Inspector and all required repairs to public
property are carried out.
10 ELECTRICAL WAIVER
(1)
An electrical Waiver may be issued in place of a building permit when the
work is solely of an electrical nature, and:
a) is valued at less than one thousand and five hundred dollars
($1,500,00);
b) is not part of a fire alarm or life safety system;
c) does not impact any structural aspect of the building;
d] does not impact the exterior wall assembly or the building
envelope, any fire walls, fire separations, or fire rated materials,
fire rated assemblies by conduit penetrations or otherwise; and;
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e) there is not change in use or intensification of use.
(2) For the purposes of section 10 (1) electrical work includes but is not
limited to mast repairs on residential units, service upgrades from fuse
panels to breaker panels, service panel upgrades to a maximum of 200
amp service, or similar work.
11 INCREASE IN HEIGHT OF BUILDINGS
(1) The number of storeys of an existing building shall not be increased
unless the entire building conforms structurally with the requirements
of this By -Law.
(2) Additions may be made to existing buildings provided the maximum
area permitted for the combined area of the existing building and the
addition are not exceeded.
(3)
Every addition to an existing building beyond the maximum area
permitted shall be separated from the existing building by a fire wall
with a fire resistance rating prescribed by this by-law.
12 TEMPORARY BUILDINGS
(1) No person shall erect a temporary building without first obtaining a
permit from the Building Inspector.
(2) For the purposes of this Section, a temporary building shall mean a
building not exceeding 93 square metres (1000 sq. ft.)in area, one storey
in height and erected or placed on a temporary foundation.
(3)
The Building Inspector may issue a permit for a temporary building
subject to the restrictions hereinafter set forth:
a) temporary buildings may be permitted only for
a Group A, Group C, Groups D and E, and Group F,
Division 2 and 3 occupancies;
b) temporary buildings shall not be permitted for a period of more
than one (1) year;
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c) the erection of any temporary buildings used for human habitation
shall require the approval of the Fire Marshal Office and Medical
Health Officer of the Province of New Brunswick; and
d) every temporary building shall have at least two exits.
(4) The area limitation of Subsection (2) may be increased upon special
approval of the Building Inspector.
(5) Temporary buildings to be used in connection with construction work
may be erected without a permit but shall be removed immediately upon
completion of the said work.
13 OCCUPANCY
(1)
(2)
No change shall be made in the type of occupancy or use of any building
which would place the building in a different group or occupancy, unless
such building is made to comply with the requirements of this By -Law for
that group.
No person shall occupy a building or part thereof or change the
occupancy without first obtaining a final inspection by the Building
Inspector.
14 RESPONSIBILITY OF PERMIT HOLDER
(1)
When a building permit has been issued, the person named in
the permit shall give to the Building Inspector:
a) at least 48 hours notice of the intention to start work authorized
by the permit;
b) at least 24 hours notice of the placement of a foundation wall
below land surface prior to any back -filling of the excavation;
c) at least 24 hours notice of the completion of all framing prior to
insulating
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d) At least 24 hours notice of the completion of all work prior to dry
wall application
e) notice of the completion of the work described in the permit within
10 days of such completion; and
f) such other information as may be required thereunder.
(2) When tests of any materials are made to ensure conformity with the
requirements of this By -Law, records of the test data shall be kept
available for inspection during the carrying out of the work authorized.
(3)
The approval of plans or specifications, the issuing of a permit or any
inspections hereunder do not relieve a person of any duty or
responsibility for carrying out work in accordance with this By -Law.
15 DOCUMENTS ON THE SITE
During the carrying out of the work authorized by a permit, the person named
therein shall keep posted in a conspicuous place on the property in respect of
which the permit was issued:
(1) a copy of the building permit, and
(2) a copy of any plans and specifications approved by the Building
Inspector.
16 TESTS
The Building Inspector may:
(1) direct the tests of materials, devices, construction methods, structural
assemblies or foundation conditions be carried out, or sufficient evidence
or proof be submitted, at no cost to the Town, when such evidence or
proof is necessary to determine if any material, device, construction or
foundation condition meets the requirements of this By -Law; and
(2) revoke, suspend or refuse to issue a building permit when, in his opinion,
the results of the tests referred to in Clause (1) are not satisfactory.
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17 RECORDS
(1) The Building Inspector shall keep proper records of all applications
received, permits and orders issued, inspections and tests made, and
shall retain copies of all papers and documents connected with the
administration of his duties.
18 VALUATION OF BUILDINGS FOR THE PURPOSE OF PERMITS
(1) The value to be shown on building permits shall mean the total
monetary worth of all construction or work including all roofing,
electrical work, plumbing, permanent or fixed heating equipment,
elevator equipment, fire sprinkler equipment, and any permanent
equipment and all labour, materials and other devices entering into and
necessary to the prosecution of the work in its completed form.
(2) No portion of any building including mechanical, electrical and plumbing
work shall be excluded from the valuation for a building permit because
of any other permits required by any governing By -Law or agency.
(3)
Notwithstanding the provisions of Subsection (1), the value for a building
permit in the case of the relocation of a building to a new site shall
include the cost to move the building, excavation of the new site, cleaning
and leaving the former site in the condition specific in this By -Law and
alterations or repairs to the building.
19 SCHEDULE OF FEES
(1) No permit shall be issued until the fee set out in the
Schedule below has been paid to the Municipality.
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ESTIMATED
COST OF WORK
PERMIT FEE
Up to $1,000
$3.00 per $100. of estimated
cost or fraction thereof
Over $1,000 and up to $100,000
$25.00 for the first $1,000, plus $3M0
for each additional $1,000 of
estimated cost or fraction thereof
Over $100,000
$225.00 plus $3M0 per $1,000 of
estimated cost or fraction thereof for
each additional thousand.
Electrical Waivers
$25.00 each
(2) A permit shall not be required for the repair of: veranda, roofing, existing
steps, fences, doors, windows, roof shingles, siding or adding insulation,
which does not involve the alteration of the use or occupancy, shape or
size of the building or structure, where the cost of the work based on the
dollar value of material and labour at the current commercial purchase
price is five thousand dollars $5000.00 or less, annually.
(3)
Work shall not be split into parts involving costs of less than five
thousand dollars $5000.00 for the purpose of avoiding the provisions of
this By -Law.
(4) Where the Building Inspector has reason to believe and does believe that
an estimate mentioned in Subsection (1) is unreasonable, they may
refuse to issue the permit.
(5) Where work requiring a permit under this By-law has been commenced
by anyone prior to the issuance of a Building Permit, the fees prescribed
Table 19(1) shall be multiplied by three (3).
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(6) Notwithstanding anything contained in this by-law, an application for a
permit for work to be carried out on property owned by the Town shall
be exempt from the requirements of Table 19(1).
20 INSPECTION OR EXAMINATION
The Building Inspector is authorized by the Town Council to enter at
any reasonable time, any land or building within Sussex for the purpose of
making an inspection or examination relating to construction, structural
alteration, repair, placement or demolition of any building or structure, and of
administering or enforcing this By -Law or any provision of the Community
Planning Act relating thereto.
21 LIABILITY
Notwithstanding the terms of this By -Law, Sussex or the Building Inspector
shall not be held liable for any mishaps or damages resulting from poor
workmanship, faulty materials or unsafe construction practices.
22 PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine or
feminine is used in this By-law. It shall be considered as if the plural, feminine
or masculine has been used where the context of the party of parties hereto as
required.
23 VALIDITY
The invalidity of any section, clause, sentence or provision of this By-law shall
not affect the validity of any other part of this by-law which can be given effect
without such invalid part or parts.
24 REPEAL
(1) A by-law entitled "By-law #151-16, Town of Sussex Building By-law"
enacted April 18, 2016 and amendments thereto is hereby repealed.
(2) A by-law entitled "By-law #120-12, Village of Sussex Corner Building
Bylaw" enacted July 17, 2012 and amendments thereto is hereby
repealed.
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(2) A repeal of the by-law designated in subsection (1) thereof shall not affect
any penalty, forfeiture or liability, incurred before such repeal or any
proceeding for enforcing the same completed or pending at the time of
repeal, nor shall it repeal, defeat, disturb, invalidate or prejudicially affect
any matter of thing whatsoever completed, existing or pending at the
time of repeal,
READ FIRST TIME BY TITLE
READ SECOND TIME BY TITLE
READ IN ENTIRETY
THIRD READING BY TITLE
AND ENACTED
4/Ca (114--Q
April 24, 2023
April 24, 2023
May 15.2023
May 15, 2023
r-)
TOWN CLERK MAYOR