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HomeMy WebLinkAbout74-34 AMENDED BY 50 BY.LAW #.1i:B..... .. THE CORPORATION OF THE TO~~ OF NEWCASTLE BY-LAW NO. :?~r;3~r. . Being a by-law to regulate the erection and pr.vide for the safety of buildings. WHERMS The Planning Act H.S.G. 1960, Chapter 296 provides that a Municipal Council may by By-law regulate the erection and provide for the safety of Buildings and; wnBREAS The Municipal Council is authorized tat pass by-laws for adopting in whole or in part the National Building Code of Canada 1970 edition, in its entirety, with such changes as the Q,uncil may consider necessary; ~HEREFORE The Municipal Council of the Corporation of the Town of Newcastle enacts as follows: A])1VIINI0TRATION 1. SHORT TITLE This By-law may be cited as the Building By-law of the Town of Newcastle. 2. PURPOSE Ie It is the purpose 01 this By-law to safeguard life or limb, health, pr~perty and public welfare with respect to the design, construction and alteration of buildings by the pr.vision of appropriate minimum standards. J. SCOPE (a) Parts 1, 2, 5, 7 and 8 of this By-law apply to all buildings. (b) Parts J, 4 and 6 of this By-law apply to: . (1) all buildings used for Assembly, Institutional, and High Hazard Industrial Occupancies, (ii)all buildings exceeding 6000 square feet (558 square meters) in building area or exceeding J storeys in building height used for Residentila, Business and Personal Services, Mercantile and Medium and Low Hazard Industrial Occupancies. (c) Part 9 of this By-law applies to buildings J storeys or less in height, having a building area not exceeding 6000 square feet (558 square meters) and which are used for Residential Business and Personal Service, Mercantile, and Medium and L.w Hazard Industrial Occupancies. '<'3_ - 2 - '. (d) This By-law does not apply to farm buildings other than those used as residences. 4. APPLICATION (1) This By-law shall apply to all buildings within the Tovm of Newcastle. (2) Where (a) (b) a building is built, this By-law applies to the design and construction of the building; the wh.le or part of a building is moved, either within or into a municipality, this by-law applies to all parts of the building whether moved or not; the whole or any part of a building is demolished, this by-law applies to any remaining part and to the work involved in the remolition; a building is altered, this by-law applies to the whole building except that the by-law applies only to part if that part is completely self- contained with respect to the facilities and safety measures required by this By-law; the occupancy of a building is changed, this by-law applies to all parts of the building affected by the change. when materials and equipment regulated by this by-law are replaced or altered in a building this by-law applies to all such replacements and alterations. (c) (d) (e) . (f) 5. ADOPTION OF NATIONAL BUILDING CODE The National Building Code of Canada 1970 edition, in its entirety with amendments, is hereby adopted to the intent that it shall form part of this by-law. 6. RESPONSIBILITY OF TH~ OWNER Neither the granting ef a permit nor the approval of the drawings and specifications nor inspections made by the authority having jurisdiction shall in any way relieve the owner of such building from full responsi- bility for carrying out the work or having the work carried out in accordance with the requirements of this By-law or from obtaining any approvals by or conforming to all the requirements by other authorities having jurisdiction referred to in Section 8 (1). . , . - 3 - . 7. PHOHIBIi'ION (1) No person shall commence or continue any of the work referred to in Section 4 unless the owner of the building to be constructed, or in respect of which the work is to be carried out, has obtained a building permit. (2) Nn person shall commence or continue any part of the work referred to in Section 4, for which part a permit is required by this By-law, unless he has obtained a permit to carry out that part of the work. (3) No person shall commence or continue any part of the work referred to in Section 4 in respect of which a permit is required under any other By-law unless he has obtained a permit under that By-law. 80 FERIvIITS (1) Subject to sub-sections 4 and 6 hereof and section 12 (1) (c), where (a) an application has been made, and (b) the proposed work set out in the applicatien conforms with this By-law and all other app- licable by-laws. . the authority having jurisdiction shall issue the permit for which the application is made. (2) Every permit is issued upon (a) the condition that construction is to be started within 6 months from the date of issuing of the permit; (b) the condition that construction is not to be discontinued or suspended for a period of more than one year; and (c) Guch other condition as the authority having jurisdiction may deem advisable. . (3) the authority having jurisdiction shall refer to the Council plans and specifications for any building or structure that is not provided for in this By-law and for which an application for a building permit has been received. . 8. contrd (4) (5) ~. - 4 - No permit shall be issued for a building 8r structure rsferred to in suo-section J without the prior approval of the Council. The application referred to in subsection 1 shall (a) be made in the form prescribed by the authority having jurisdiction; (b) be signed by the applicant; (c) state the intended use of the building; (d) include copies in duplicate of the specifications and scale drawings of th8 building with respect to which the Vlork is to be carried out showing (i) the dimensions of the building; (ii) th~ 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 referred to in subclause (iii), and (v) the position, height and horizontal dimensions of all buildin~s on the land referred to in subclause (iii), and (e) contain any other information required by this By-law or by the auth~rity having jurisdiction. 9. J)UifI};S OF J:1HB miNER (1) Every o~mer 11' property shall (a) permit the au~hority having jurisdiction tn enter any building or premises at any reasonable time for the purpose of 8dministerin~ or enforcing this By-law; .. (b) obtain, where applicable, from the appropriate authority, permits relating to building, zoning grades, sewers, water mains, plumbing, signs, blasGing, street occupancy, electricity, highways, and all other permits required in connection with the proposed work; (c) give at least 48 hours notice to the authority having jurisdiction of the intention to start work on the building site, (d) 9ive notice to the authority having jurisdiction ~i) where a foundation wall below land surface has been placed and before any backfilling of the excavation has been carried out, (ii) as may otherwise be required by this By-law, - 5 - . 9. cont'd . (e) give written notice to the authority having jurisdiction within 30 days of completion of the werk described in the permit. (f) obtain an occupancy permit from the authority having jurisdiction prior to any (i) occupancy of a Juilding or part thereof after construction, wrecking or alteration of that building .er part, or (ii) change in the class of occupancy of any building or part therGof. (2) Where 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 construction of the building and for such a period thereafter as required by the authority having jurisdiction. ::'0. D0CUNENTS ON THl!; SITE . (1) The person to whom a permit is issued shall, during construction keep (a) posted in a conspicuous place on the property in respect of which the permit was issued a copy of the building permit or a poster or placard in lieu thereof; and rb) \ a copy of the approved drawings and specific- ations referred to in section 8 (5) (d) on the property in respect of which the permit was issued. 11. nUTIE~ OF TH~ AU1HOhITY HAVING JURISDICTION (1 ) The authority having jurisdiction shall (a) administer this By-law; and (b) 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 this By-law which form part of the public records. ~ . 12. PO'vvBR8 OF THE AUTHORI':rY HAVING JURISDICTION (1) The autho~ity having jurisdiction may: (a) visit, enter and inspect or cause any of his assistants to visit, enter and inspect from time to time and at all reasonable hours -6- 12. cont'd -- (i) any building which he has reason to believe is being erected, altered, reconstructed, repaired or wrecked, or (ii) any building which he has reason to believe is in dangerous or defective condition in regard to i ti3 construction or through damage by fire or accident, or (iii) any building which he has reason to believe is being used for a purpose for which it is not suited, due to its construction. (b) order work atopped on any building or structure when (i) the work is done or being done contrary to the requirements of this By-law or any other By-law of the Corporation of the Town of N eVlcastle, or . (ii) the work is done or being done in a manner t_ create a dangerous or unsafe condition, or (iii) the work is done or being done in violation of any condition under which the permit was issued. The authority having jurisdiction or duly authorized members of his staff may order work immediately stopped by serving a written notice on any person engaged in doing or causing such work to be done, and such notice shall state the reason therefore and the conditions under which work may be resumed. If there is no person to whom notice may be given at the time of his inspection, such notice shall be placed in a prominent place on the building or structure on the site, and a copy of such notice shall be sent by registered mail, to the permit holder at his address as given on the application for permit. Upon the giving of such notice, no further work shall be carried out upon the premises in question, until written permission to resume work is given by the authority having jurisdiction. (c) revoke a permit if: (i) the work being carried on under such a permit is being done in a manner that does not reasonably comply in every respect with the requirements of this By-law or any other By-law of the Town of Newcastle, or . (ii) the construction referred to therein is discontinued for a period of one year or more, or '.. ~. . -7- 12. cont'd (iii) the work is not being carried out in accordance with plans, specifications and drawings submitted in support of the app1icationfor a permit. The authority having jurisdiction or du,1y authorized members of his staff may revoke a permit by serving a notice in writing, by registered mail, addressed to the permit holder at his address, as given on the application for permit. Upon the giving of such notice, the permit shall cease to have any further power or effect and no furthET work shall be carrted out upon the premises in question without a new application for permit and a new permit being obtained. (d) direct that tests of materials, devices, const- ruction methods, structural assemblies or found- ation conditions be made or sufficient evidence or preof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, device, construction or foundation conditions meets the requirements of this By-law and the authority having jurisdiction may revoke or refuse to issue a permit, when in his opinion the test results are not satisfactory. (8) in special cases which in his judgement warrant it, permit such deviation from this By-law as he may deem proper and safe under the circumstances subject to the provisions of paragraph )(a) Section )1 (1) of the Planning Act. 1) . 1'EES The Appropriate fee, as shown in the following schedule, shall accompany each application for a building permit: 1. New buildings, alterations, additions, moving and repairs. Permit fee $6.00 plus ~).OO per $1000.00 or portion thereof of the total valuation of the work in excess of $1000.00. 2. Demolition: Permit fee $6.00 or $).00 per thousand square feet gross fl10r area or portion thereof, which ever is the grGater. ). Renewal of Permit: In accordance with sub-section land 2. 4. PERMITS ARE NOT TRANSFERABLE. , -8- ~ 14. DEFINITION .~ (1) Authority having jurisdiction, vrherever used in this By-law, shall mean the Building Inspectors of the TO'~1 of Newcastle. 15. Rl~PEAL AND REVI8ION OF OTHEH. BY-LAvIS The Building By-laws of the former Village of Newcastle, Township of Clarke, Township of Darlington and Town of Bowmanville and amendments thereto and all other Building By-laws or sections of Building By-laws and amendments thereto, inconsistent with the pr0visions of this By-law, are hereby repealed. 16. 8EV:BRABILITY It is hereby declared that notwithstanding that any section of sections of this By-law or parts thereof may be found by any Court of Law to be bad or illegal or beyond the power of the Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such. ~. 17. PENALTIES Any person convicted of a breach of any of the provisions of this By-law shall forfeit and pay, at the discretion of the convicting 11agistrate, a penalty of not less than Fifty Dollars ($50.00) and not more than Three Hundred Dollars (~JOO.OO), exclusive of costs for each offence, and the Summary Convictions Act, as provided and limited by the Municipal Act, shall apply thereto. 18. EFFLCTIVB lJATE ~2hh3 13y-lav: shall come into eff\Jct ~n the d'::.tc h~;ro()f .. ~ 1/ ;4/1.( If ,''';',11 'l first 'llld scconl tLlc thl~~D.1974 I1qyo1' / /f _._ j/~~ . . . . ....,{t;;~. . . 0 ~-~ . . i Cle~ 'f~ RbAD A third time and finally passed this I '. f1 tithe II- day of A.D.1974 .M.d--~ I yo1' 1 .....~ "/