a TITE SEMIAHNOO INDIAN RESERVATION 3Y-LAT-7 NO. 2-A By-law to regulate the construction, erectionequipment, alteration, additions repair and removal of buildings in the Semiahmoo Indian Reservation, pursuant to the provisions of Section 80 of thç "Indian Act" being Chapter 14 9 of .the Revised Statutes of Canada, 1952 and amendments thereto. The Band Council of The Semiahmoo Indian Band* in open meeting assembled, ENACTS AS FOLLOWS: 1. This by-law may be cited for .all purposes Indian Reservation Building By-Law, 1970, No. 2. ". 2. "The National Building Code of Canada 1965" is hereby adopted and made part of this by-lav;, save and except "Part I - Administration" of said Buildincr Code. 3. The provisions of this by-law shall apply to the whole area of the Semiahmoo Indian Reservation. PART I - Administration 1.1. rope : No structure or part of a structure shall hereafter be built, altered, repaired, demolished, or moved until a Building Permit therefor has been granted by the Building Inspector. All structures hereafter builtrepaired, altered or moved are subject to inspection by.the Building Inspector. The Building Inspector the right of entry at any convenient time for tne purpose- of enforcing the regulations dontarned rn this by-lav;. 1.2. Building Inspector: A Building Inspector or Building Inspectors may be appointed by the Band Council by resolution. f I î t S * I % «t 5 a s ' "S . emiahmoo * sha m ll have A
«c z. It shall bo the duty of the Building Inspector, and he is hereby authorized and empowered, to enforce the provisions of this bv-law. ~ 1.2. The Building Inspector is hereby authorized ^nd empowered to issue permits for the purposes mentioned in this by-law, and to exercise general supervision over the construction, equipping, altering, extending, repairing, removing or pulling town of all buildings and structures, and to perform all other duties hereinafter imposed on him. 1.3 Application for a Building Permit:. Application for a Building Permit shall be filed by the owner or his agent with the Building Inspector upon a form provided for the purpose and giving such information as the Building Inspector shall require. Such application shall be accompanied by two complete sets of plans and specifications including a plot plan showing the relation- ship of the proposed building to abutting property lilies and buildings. If, in the opinion of the Building Inspector the character of the work is sufficiently described in the application, he may waive the filing of plans, provided the value of such work does not exceed One Thousand Dollars ($1,000.00) . 1.4 Issuance of Permit» 1.4.1. If the Building Inspector finds that the proposed building will comply in every respect with all the byglaws of the Semiahmoo Indian Band, he may issue a Building Permit, and one set of the plans and specifications authenticated by the Building Inspector shall be kept at the site of the proposed building. 1.4.2. If the Building Inspector finds that a part of the proposed building will comply in every respect with all the by-laws of the Semiahmoo Indian Band, he may issue a Building Permit v * , • * * * . * ♦ * • v .. * • •• v " ; s f t * : • < * « ‘/ V . ' W y w : * • • < , k . * M u v . . ••
— O for chat part, and cne sat of the plans and spécifications ror triât part of trie building authenticated by the Building Inspector shall be kept at the site of the proposed \ building. 1.4.3. After issuance of the Building Permit, the plans and speci fications shall not be altered unless such change is approved by the Building Inspector as conforming to this by-lav;, and such alteration is duly authenticated by the Building Inspector. 1.4.4, The approval of plans and/or specifications and the issuance of a permit for the erection', alteration or repair of a buildir.a shall not in any wav relieve the ov I ;ner from full responsibility for carrying out the work in accordance with the .provisions of this by-law.' 1.4.5, The Building Inspector may revoke a permit where there is a violation of: (a) Any condition under which the permit was issued, or (b) Any provision of this by-lav;. 1.5. Stop Work Orders : 1.5.1. The Building Inspector shall have the authority and power . • to direct the immediate suspension or correction of all or - J any portion of the work on any building, by attaching a notice to tha • t effect on such * o • remises whenever it is found by him that such work is not being performed in accordance with the provisions of this or any other by-lav;, 1.5.2. failure to comply with the provisions of this section of this by-law, shall constitute an infraction" of this by-lav:, jl.o .j . Wmhnen any bnuilrdcingq or structure, or mart: mereoi is erected contrary to the p opinion of the Ba: Building Insnecuo give the owner .cr same and l ■t . a —
specified, the Band Council may by resolution direct • the complete or partial demolition, pulling down or removal of such building or structure or part thereof, at the expense of the owner thereof; and the *» cost, of * demolition or pulling down of same may be recoverable'' by the Band Council by summary process at law in any , Court of competent jurisdiction. 1.6. Lapse of Permit: 1.6.1 A Building Permit shall become void unless construction i pursuant to the permit is commenced withiii six. months f * from the date of issuance of the permit. Mo building A i permit shall be valid after six months, unless such time has been extended in writing by the Building Inspector, but in no case shall such extension exceed two years. l 1.7. Inspection Duties of the Owner: i 1.7.1. The owner of a building or the holder of a Building Permit shall notify the Building Inspector and 'the Building Inspector * shall inspect the building or any part thereof at the Ï 5 following stages of construction. 1.7.*2. When the foundation forms are completed and prior.to the placing, of any concrete. : -----0 1.7.3. When the structure or any part isy complete and before any inside cladding *is placed. 1.7.4. When any reinforcing steel is placed, and before any concrete is, poured. ' 1.7.5. When the building or structure is complete “and prior to any occupancy. 1.7.6. The Building Inspector may inspect the building at any • other time when he may deem it necessary to enforce any of the provisions of this or any other by-law. i i 8 . Euildinqs « X1 c 1 • » - i - » Mo person shall occupy or permit occupancy of any building hereafter erected until there has been issued
«. ' r ' * ( - 5 -© r an occupancy certificate for it by the Building Inspector. The Building Inspector shall determine that all of the relevant,by-laws of the Semiahmoo " • v Indian Band have been complied with and tl̂ at the exterior cladding on the building,is completed prior to the ' issuance of such certificate. . 1.8.2. Temporary Occupancy: Upon request of the holder of a permit or of the owner, the Building Inspector may issue a temporary certificate of occupancy for part of a building, provided that such temporary occupancy or use would not jeopardize life, property or the health of the .inhabitants. 1.8.3. The holder of a 3uilding Permit or. any owner may request an- occupancy certificate be issued for a building or part of a building prior to the development being completed, and being in full compliance with all relevant by-laws provided that: (i) The use of the building would not jeopardize life, » property or the health of the inhabitants. (ii) The applicant deposits a cash security equivalent to the cost of the work, with the Band Council and guarantees the said work will be completed within the time specified in the agreement covering said occupancy. ^ 1*. S. Change of Use ' * 1.9.1. No change’in the type of use of -any structure shall be made * "without first applying for a Building Permit. Upon application for such permit, the Building Inspector shall inspect the - structure - and he may issue such ’ permit on * l _ y m if the building complies with the provisions of all the by-law?s of the Band Council for the'new usé, or if the proposed alterations will result in such compliance. -A change in the type of use shall be interpreted to mean a new use of an existing structure. ■ j Part .One of this By-law "shall be subject to the restrictions imposed by the "Zoning By-Law"-of*the Band Council.*
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6 -1.9.3. Any building to be erected and used as a single family • • v y ‘ dwelling located in a "Year Round Residential Zone" shall contain not less than eight hundred (800) square feet of v habitable floor space. 1.9.4. • Any building to be erected .and used • as a single family. / dwelling located in any other zone shall contain not less than five hundred (500) square feet of habitable floor space 1.9.5. Any building to be erected'and used as a two (2) or three (3) family dwelling located in a permitted residential zone, shall have a floor area of four hundred- (400) square feet per unit. .9.6. Any building to be erected and used as an apartment building of three (3) suites or more, located in a "Year Round Residential Zone" shall have a floor area of four hundred (400) square fee per suite; Provided, however, that one (1) suite of three hundred and twenty (320) square feet shall 4 be permissible with each three (3) suites of four hundred (400) square feet. • 1.10. Permit Pees: Before receiving a building permit for any building, the applicant therefor shall pay to the Band Council the _ following fees:I.IC'.I. Minimum Permit fee or a permit fee for work having » a valuation of $1,000.00 or less. * $5.00 1.10.2 For work having a valuation of more than $1,000.00 but not more than $25,-000,00 - a fee per $1,000-00 of value or portion thereof of 2.50 1.10.3 For work having a valuation of’more than $25,000.00 a fee per $1,000.00 or portion thereof of 1.50 1.10.4 For moving a building or structure a fee of 5.00 1.10.5 For demolishing a building or structure a fee of 3.00 _ . 1C . 6 For the erection of a chimney a fee of 5.00
7 1.10.7. For a change in the type of use as set out in Section 1.9. a fee of $5.00 1.10.8. For thé erection or installation of any sign v a fee of • 10.00 1.10.9. For a site inspection prior to the moving of a ' building or structure a fee of 5.00 1 * H Approval of New Materials 1.11.1 Methods of construction and the use of materials not specifically regulated by this by-lav; may be permitted provided their suitability and safe working stresses have been approved on the basis of laboratory tests and are t approved by the 3uilding Inspector. ( 1.12 Alteration, -Repair and Maintenance 1.12.1 Any alteration to the structural portion of any building shall conform to the requirements of all the by-laws of the Band Council. 1.13 Repair of Damaged Buildings 1.13.1 No building damaged more than fifty percentum (50%) of its original value by fire, decay, storm or otherwise, shall be repaired unless in every respect the whole of _̂ the building, including the undamaged portion, is made to comply with the by-laws of the Band Council. % t 1.14 Notice to .Alter Buildings* • 1.14.1. The Building Inspector may direct and require, that any building or portion t •* hereof be vacated, o r the * occupancy prohibited, until altered to comply with the conditions and requirements of this by-law. By serving five (5) days . notice thereto upon the owner or his authorized agent or by mailing the same by registered mail to his last known address, or by posting fhe same on the outside of the said. building, 'whenever it be ‘found by 1 said Building Inspector the following conditions or any of them exist:
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- 3 That such building has bean erected, altered or repaired subsequent to the passage of this by-lav/ in manner contrary to its provisions or the permit issued V thereunder. . 1.14.3 That the construction, arrangement or equipment of éuch j building or portion thereof is contrary to the provisions of this by-law or the permit issued thereunder. 1.14.4 That the workmanship in the fabrication, preparation and installation of materials shall conform, to gener « ally accepted good p ~ ractice. . -*i. o That such building is unsafe to human life or to property from any cause whatever or in imminent danger of so becoming. 1.14.6 That such building is not provided to the extent and in the manner required by this by-lav; with proper and sufficient egress in case of fire and fire protection and fire extinguishing apparatus or of light, ventilation or sanitation. 1.14.7 Such building shall not be occupied until all such alterations have been approved by the Building Inspector. 1.14.8 Any person being so directed or required pursuant to this section and failing to comply the.rewith shall be guilty of an infraction of this by-law. 1.15 Alterations and Additions Any building being raised or removed from its existing foundation or having any alterations or additions to the extent of more than fifty percentum C50?;) of the value of the original building shall be made to conform in’ entirety to the requirements of this by-law governing new buildings. bovine Buildim every application for,a permit .to move a building, shall designate the site of the building to be moved and tne site to which the buildin g is to be moved. Permission to use the public streets and highways shall be obtained from the prooer authoritv.
9 Notice of disconnection from public water and sewerage systems, where affected, shall be given to the proper authority and such disconnection must be carried out' under v its supervision. J . . j - d , No building that is to be used as a dwelling may be ' moved into the Semiahmoo Indian Reservation.. 1.15.4 A building situate within the Semiahmoo Indian Reservation ' may be moved within the said Reservation provided: 1.Xo.5 The building is not older than the majority of the buildings situate on properties within five hundred (.500) feet of the site to which it is proposed to move the building, and 1.16.6 It conforms to the structural and architectural standards f of the majority of the buildings situate on.properties within five hundred (500) feet of the site to which it is proposed to move the building. 1.16.7 Buildings which do not conform to the requirements of Section 1.16.6. hereof may be moved pursuant to the provisions of this section, if the owner first submits plans showing the architectural and structural changes required in order to make the building conform to the structural and architectural standardsof the majority of the buildings situate on properties within five hundred . (500) feet of the site to which it is proposed to move the building and secondly, provides a performance bond i acceptable and payable to the Band Council in an amount equal to the estimated cost of the architectural and structural chances required to make the building conform as hereinbefore provided. The said performance bond shall be estreated to the Band Council if the applicant fails or refuses to carry out the work required to make the building so conform within one (1) year from the date of amplication for permission to move the said building and the Building Inspector shall give the owner, tenant or occupie
10 s ( thirty (30) days notice to vacate the preraises and to rénové the building from the site to v/hich it had been moved pursuant to the permission hereinbefore referred to. 1.10.S. Notwithstanding Section 1.16.3. of this Section, a newly constructed dwelling that has never been occupied, everi if being moved from outside the Senianmoo Indian Reservation, will be considered to be a dwelling situate within the Reservation for the purpose of this section. 1.17. Penalty for Infrac - tion " 1.17.1. Any person who violates'any of the provisions of this by-law or who suffers or permits any act or thing ‘to be done in contravention of this by-lav/, or who, neglects to or refrains from doing any act or thing which violates ,any of the provisions of this by-law, shall be liable upon suramarv conviction to a fine not exceeding one hundred ($100. CO) Dollars or to imprisonment for a period not exceeding thirty (30) days, or to both fine and imprisonment. 1.IS. Effective date of By-law 1.13.1. This by-law shall come into force forty (40) days after . a copy thereof is forwarded to the Minister of Citizenship and Immigration and is not disallowed by the Minister within - Jt that period. PASSED by the Band Council on the 2-d- day of ; O U k î £ A.D. 1S70. RECONS JDERED AMD FIMTALLY ADOPTED, signed bŷ t’he 'Chief of the Band, and sealed with the Corporate Seal of ohe Band on the -, . , o C cay of --7 & L 9 A.D. 1970. t ? . Chief A dulv certified c o p y of this bv-law was forwarded to .no Minister of Citizenship and Immigrati v r f A.D. 1970. Chie:,V‘ :-i he \ * V ** ' < ■ V- ■ ‘.hi* -J' ». i if * '■ - >ft*- . /V . *•»' ■ , . P .. / / ' /"’ A ' . a. A / p ' v V / o n o • n the o / X day or ,<* r ! / ' A ■ c < j ' ' - - '
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You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.