PROPOSED TOWN OF YARMOUTH BUILDING CODE BY-LAW ENFORCEMENT POLICY & REVISED BUILDING CODE BY-LAW

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1 PROPOSED TOWN OF YARMOUTH BUILDING CODE BY-LAW ENFORCEMENT POLICY & REVISED BUILDING CODE BY-LAW Respectfully Submitted to: Jeff Gushue Submitted by: Caroline King Dated: January 29, 2015

2 REQUEST FOR DECISION SUBJECT: To adopt a policy formulating procedures related to the Town s Building Code By-Law Enforcement and to review the Town s current Building Code By-Law. RECOMMENDATION: Approval RECOMMENDATION: Report attached. KEY ISSUE(S) / CONCEPTS DEFINED: In March 1987, The Town of Yarmouth adopted a Building Code By-Law pursuant to S.7(1) of the Nova Scotia Building Code Act. It is recommended that Council review this By-law as it is out dated. Recommendations to update the By-law are outlined in the attached report. In addition to the adoption of a Town Building Code By-Law, Council is also permitted to adopt an Enforcement Policy to lay out the procedures on how Council wishes to administer the enforcement of the Town s Building Code By-Law. Council currently does not have an enforcement policy, which has made it difficult for staff as well as the general public to understand the process and has led to discrepancies from time to time in enforcement procedures. Attached is a proposed Policy intended to create a standard process for the administration associated with the enforcement of the Town s Building Code By-Law. RELEVANT POLICY: Section S.7(1) of the Nova Scotia Building Code Act and By-Law #14 the Town of Yarmouth s Building By-Law RESPONSE OPTIONS: Approve, refuse or send back for revisions. PREFERRED STRATEGY: To approve. IMPLICATIONS OF RECOMMENDATION: The development of enforcement standards at times may pose to limit the flexibility of staff to alter the enforcement procedures for, what many would call, extraordinary circumstances that may be well beyond the control of a company or an individual s ability to comply with the By-law provision. The proposed Policy is intended to leave certain developments at the discretion of the Town Building Official in an attempt to recognize these extraordinary circumstances yet enable a process where the Building Official may proceed and coordinate a strategy with the Towns Director of Planning. FINANCIAL: No additional cost implications to the Town. FOLLOW UP ACTION: Recommendation to adopt as Town Policy and amend the current Town Building By-Law.

3 The Town of Yarmouth The Nova Scotia Building Code By-law Enforcement Policy PURPOSE To establish a clear procedure for the enforcement of the Nova Scotia Building Code By-law in force within the Town of Yarmouth, hereafter referred to as the Town. POLICY STATEMENT 1. The Town shall follow the procedures set out in this policy for enforcing the following: Nova Scotia Building Code Act Schedule 17 of the Summary Offence Ticket Regulations (i) Constructing or demolishing a building without a permit; (ii) Occupying or change the class of occupancy of a building, without a permit; (iii) Furnishing false information; (iv) Failing to comply with any order, direction or requirement of the Nova Scotia Building Code Act; (v) Contravening the Nova Scotia Building Code Act or any of its regulations; (vi) Failing to comply with an order made pursuant to Section 12 of the Nova Scotia Building Code Act; 2. Investigation of a Building Code Act Offense/Efforts to Achieve Compliance The Building Official is responsible for the investigation of all alleged violations of the Nova Scotia Building Code Act. Upon determination by the Building Official that a violation has occurred, reasonable steps shall be taken to have the owner, of the lands, upon which the violation has occurred, remedy the violation. Subject to Section 2(b) hereof, the steps taken by the Building Official shall include: (a) After a thorough inspection of the site confirming a violation, the Building Official shall prepare and send a written Order of the violation to the owner, outlining the necessary code requirements. The Building Official shall set a reasonable time limit within which the violation must be remedied. The length of this time limit will be dependent upon a number of factors, including, but not limited to: whether there is a significant risk to human life, health, property or the environment. Such time limit shall not exceed thirty (30) calendar days. A copy of this written Order shall be provided to the Director of Planning and Development; and,

4 (b) (c) Where the violation involves the commencement of construction without a permit, or if there is deemed to be an unsafe situation, the Building Official shall issue a Stop Work Order upon discovery of the violation, pursuant to Article ( )(b) of the Nova Scotia Building Code Regulations and Section 12 of the Nova Scotia Building Code Act; and, Upon expiration of the time limit for remedy of the violation as noted in clause 2(a), the Building Official shall conduct an inspection to determine if compliance has occurred. If the owner has not remedied the violation the Inspector shall: (i) (ii) Provide an extension, upon the request of the owner and where deemed valid, reasonable and appropriate by the Building Official. Such extension shall not exceed thirty (30) calendar days; Where the Order has not been complied with, and an extension is not warranted, the Building Official shall forward a recommendation to proceed to prosecution in accordance with Section 3 of this Policy. 3. Prosecution Procedures Prosecution of an owner(s) for violations shall only occur once reasonable steps to remedy, as outlined in Section 2 of this policy, have been taken by the Building Official and the owner has not remedied the violation. All decisions respecting the laying of a charge will be made based on sound judgment and principles of fairness and equity. In addition, the Town shall follow established principles in deciding whether to lay charges, which shall be: The decision to lay a charge concerning a minor offence using a Summary Offence Ticket (SOT) will be the decision of the Building Official; The Building Official will only proceed with a charge where there are reasonable grounds to believe that an offence has occurred; The decision to lay a charge concerning an offence of a more serious nature, or which involve repeat offenders, as well as the method of charge used will be made by the Building Official in consultation with the Town s Director of Planning. 4. The laying of an SOT charge, if deemed appropriate, shall be done in accordance with the Summary Proceedings Act and the Summary Offence Ticket Regulations.

5 Clerks Annotation for Policy Book. Date of Notice to Council Members Of Intent to Consider (Seven (7) days minimum): Date Policy Approved By Council: I certify that this Building Code By-law Enforcement Policy was adopted by Council as indicated above. Municipal Clerk Date

6 Proposed Revisions: BY-LAW #13 BUILDING BYLAW Formatted: Indent: Left: -0", Right: -0.01" BE IT RESOLVED by the Town Council of Yarmouth that Building Bylaw #13, passed by the Town Council on the 17 th day of March, 1987 and approved by the Minister of Municipal Affairs on the 26 th day of June, 1987, is hereby repealed and the following By-law is enacted in its place and that the Town Clerk file a true copy of this By-law with the Minister of Service Nova Scotia and Municipal Relations, pursuant to S.7(12) of the Building Code Act, Chapter 46, R.S.N.S., Part 1 - Definitions For the purposes of these By-laws, words shall be defined as they are defined in the Building Code Act and Building Code Regulations, and in addition: (a) applicant shall mean the owner or his agent, appointed in writing. (b) material alterations or material repair shall mean work that is done in the alteration or repair of a building, covered by the Building Code, and which Formatted: Justified Formatted: Justified, Indent: First line: 0" Formatted: Justified Formatted: Justified, Indent: First line: 0" (i) is a non-structural repair or alteration which has a monetary value of more than $5,000 or (ii) is a repair or alteration to the structure of a building. Part II - Permits A Bbuilding Ppermit, Ooccupancy Ppermit and Ddemolition Ppermit shall be in a form as established by the Town of Yarmouth from time to time Before consideration is given to the issuing of a Bbuilding Ppermit, the applicant must provide all documents requested by the Bbuilding Oinspector official which may includewith: Formatted: Justified (a) a completed application form, (b) a Municipal Development Permit,

7 (c) confirmation of compliance with the Heritage Property By-law of the Town, (d) the application fee Before consideration is given to the issuing of a Ddemolition Ppermit, the applicant must provide all documents requested by the Bbuilding inspector oofficial withwhich may include: (a) a completed application form, (b) confirmation of compliance with the Heritage Property By-law of the Town, (c) confirmation of secure shut off of water and sewer services, where applicable, and (d) the application fee Before consideration is given to the issuing of an Ooccupancy Ppermit, the applicant must provide the Bbuilding Oinspector official with: (a) a completed application form, (b) a Municipal Development Permit, (c) the application fee Before an application shall be considered, where an application form for a permit has not been completed in conformance with the requirements of this By-law within six months after it is filed, the application shall be deemed to have been abandoned A permit is valid for one year from the date of issue In addition to the requirements for building permits as prescribed in the Building Code Act and the Building Code Regulations, a building permit is required for: Formatted: Indent: Left: 0.57", No bullets or numbering (a) accessory buildings greater than one hundred (100) square feet, (b) non-structural alterations or repairs which have a monetary value of more than $5,000.

8 An Occupancy Permit is required: Formatted: No bullets or numbering (a) to allow the occupancy of a building of part thereof, or (b) where the occupancy of a building or part thereof is changed A partial occupancy permit may be issued for all or part of a building prior to the completion of work for which a building permit was issued, where no unsafe condition exists or will exist because of the work being undertaken or not completed (1) 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. (2) Any permit issued for part only of a building shall be clearly marked as for part only, and shall also indicate that a permit for the entire building is not assured A permit for a temporary building shall state the date after which the permit is no longer valid (1) A permit may be issued at the risk of the owner, with conditions to ensure compliance with the Building Code, to excavate or to construct a portion of a building before all the plans of the project have been submitted or accepted. (2) The permit shall be clearly marked At Owner s Risk (1) 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. (2) The condition shall be set out on the face of the permit Building permits shall be issued pursuant to the Building Code Act and in conformity with the Fire Safety Act Every applicant shall give at least twenty four (24) hours notice requesting an inspection by the Bbuilding Oinspectorofficial, any inspections by the Inspector Official shall be done pursuant to the Building Code Act regulations. Formatted: Indent: Left: 0.56", Hanging: 0.31" Formatted: Indent: Left: 0.57", No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.56", Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, + Start at: 2 + Alignment: Left + Aligned at: 0.57" + Indent at: 1.07"

9 The owner shall give to the Building Inspector written notice of any change in agent When an inspector gives a stop order, the order shall contain sufficient information to specify the nature of the contravention and its location. Formatted: Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, + Start at: 2 + Alignment: Left + Aligned at: 0.57" + Indent at: 1.07" Formatted: Outline numbered + Level: 3 + Numbering Style: 1, 2, 3, + Start at: 2 + Alignment: Left + Aligned at: 0.57" + Indent at: 1.07" Part III - Permit Fees 3.1 Fees for permits shall be paid when a completed application form is filed under this By-law, and shall be in the amount as specified by Council by resolution. Formatted: Justified, Indent: Left: 0", Hanging: 0.56" Part IV - Coming Into Force 4.1 This By-law shall have effect from and after the date of the approval notice published in the local paper. Formatted: Justified, Indent: Left: 0", Hanging: 0.56" Formatted: Indent: Left: 0", Hanging: 0.56"