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( THE SETON LAKE BAND OF INDIANS BY-LAW NO._2._____________ Being a by- l aw to prov ide r e g u l a t i o n s fo r occupancy and b u i l d i n g maintenance s tandard s . WHEREAS under the p r o v i s i o n s of the Nat ional Housing Act no loan may be made by the Canada Mortgage and Housing Corpora t ion ( h e r e i n a f t e r c a l l e d the C o rpo ra t i on ) fo r the purpose of r e h a b i l i t a t i o n o f e x i s t i n g r e s i d e n t i a l b u i l d i n g s un les s s tandards of occupancy and b u i l d i n g maintenance s a t i s f a c t o r y to the Corpora t ion have been adopted in the Reserve in which the b u i l d i n g i s l oca ted; AND WHEREAS the Counci l of the Band deems i t expedient to make a by- law p r e s c r i b i n g the minimum s tandards fo r occupancy and b u i l d i n g maintenance of a l l p ro p e r t i e s r e h a b i l i t a t e d through the R e s i d e n t i a l R e h a b i l i t a t i o n A s s i s t a n c e Program o f the C orpo ra t i on ; AND WHEREAS sec t i on 81 (h ) , (q) and ( r ) , of the Ind ia n Act empowers the Counci l of a Band to make by- laws fo r the purpose of r e g u l a t i n g c o n s t ru c t i o n , r e p a i r and use of b u i l d i n g s on re se rves and the im p o s i t ion on summary c o n v i c t i o n of a f i n e or imprisonment f o r v i o l a t i o n of a by- law; NOW THEREFORE the Counci l of ___________ Seton Lake_______ Band of In d ian s enacts as a by- law the f o l l o w i n g : 1. Thi s by- law s h a l l be known as the Seton Lake_________ Band RRAP S tandards By-Law No. 2____ 1 979. 2. In t h i s by- law, " B u i l d i n g I n s p e c t o r " means a person author i zed by Counc i l to i n spect b u i l d i n g s on the Reserve as se t out in t h i s by- l aw; " C o rp o ra t io n " means the Canada Mortgage and Housing C or po ra t ion ; " C o u n c i l " means the duly e lec ted counci l of Seton Lake_______ Band of I n d i a n s ; "Owner" means a person who has le g a l t i t l e to or i s in po s se s s i o n of a b u i l d i n g s i t u a t e d on the reserve or land which has been surrendered to Her Majes ty fo r l e a s i n g purposes and i n c lu des a person who has received a loan under Sect ion 3; This is Exhibit ... ”, to the Affidavit of ....... .......................................... „ sworn before me this..........2............day of 19..ZÏL M ...S L .... A C om m iss ioner fo r tak ing A ffid av its fo r British C olum bia
2 "RRAPH means the R e s i d e n t i a l R e h a b i l i t a t i o n A s s i s t a n c e Program of the C o rpo ra t ion ; "Reserve" means t r a c t of land se t a s ide f o r the use and b en e f i t of the Seton Lake_______ Band of In d ia n s . 3. Every person who has rece ived a loan from the Cor po ra t i on fo r the purpose o f r e h a b i l i t a t i o n of an e x i s t i n g real p roper ty loca ted wi th in the Reserve through the RRAP s h a l l comply with the occupancy and b u i l d i n g maintenance s tandards as set f o r t h in Schedule 'A ' re fer red to in se c t i on 4. 4. The s tandards fo r the r e h a b i l i t a t i o n of r e s i d e n t i a l b u i l d i n g s i s sued by the Corpo ra t ion are hereby amended fo r the purposes of maintenance and occupancy and form par t of t h i s by- law as Schedule 'A ' hereto. 5. Where, in the op in ion of the B u i l d i n g I n s p e c t o r work i s requi red to mainta in the r e h a b i l i t a t i o n made o f real p roper ty through the RRAP, in confo rm i ty with Schedule ' A ' , the B u i l d i n g In spec to r may g i ve not i ce to the owner of the property s p e c i f y i n g the work to be done and the per iod of time w i th in which the work i s to be completed. 6. Every person who rece i ve s not i ce re fer red to in s e c t i o n 5 sha l l comply with a l l the terms of such n o t i c e . 7. Every person who a p p l i e s f o r a loan from the C o rpo ra t ion as s tated in s e c t i o n 3 s h a l l permit the B u i l d i n g In s p e c to r rea sonab le access to the proper ty intended to be r e h a b i l i t a t e d through the RRAP for the purpose o f determining whether such proper ty i s e l i g i b l e fo r the RRAP a s s i s t a n c e . 8. Every person who has received a loan from the C o rpo ra t ion as s ta ted in s e c t i o n 3 s h a l l permit the B u i l d i n g I n s p e c to r reasonab le access to the proper ty a s s i s t e d through the RRAP fo r the purpose of de termin ing whether the p r o v i s i o n s of t h i s by- law are being or have been compl ied with. 9. Every person who has received a loan from the Corpora t ion as s tated in s ec t i on 3 sh a l l use the r e h a b i l i t a t e d premises s o l e l y fo r r e s i d e n t i a l purposes and in a manner c o n s i s t e n t with the s tandard s o f maintenance as p resc r i bed in Schedule ' A ' .
( - 3 -10. The Counci l may from time to time appo in t one or more persons who s h a l l perform the dut ie s of B u i l d i n g I n s p e c to r as prov ided by t h i s by- law. A person so appointed s h a l l hold the p o s i t i o n at the p leasure of the Counc i l . 11. Every person who f e e l s aggr ieved by the dete rm ina t ion o f the B u i l d i n g In spec to r may upon a wr i t te n a p p l i c a t i o n reques t the Counci l to review the determinat ion o f the B u i l d i n g I n s p e c t o r , and upon r e c e i p t of such a p p l i c a t i o n , the Counci l s h a l l w i th in seven days review in open meeting the a p p l i c a t i o n . Both the a p p l i c a n t and the B u i l d i n g In spe c to r may c a l l ev idence, be represented by counse l , c ros s -examine w i tne ss e s and make sub m i s s i o n s ; the Counci l s h a l l fo rwi th d e l i v e r a d e c i s i o n on the a p p l i c a t i o n . The d e c i s i o n sh a l l be b ind ing and f i n a l . 12. Every person who impedes or i n t e r f e r e s with the conduct of the work o f the B u i l d i n g In spe c tô r , or who v i o l a t e s any p r o v i s i o n s of t h i s by- law s h a l l be g u i l t y of an o f fe ns e and s h a l l be l i a b l e on summary c o n v i c t i o n to a f i ne not exceeding one hundred d o l l a r s or imprisonment fo r a term not exceeding t h i r t y days, or both a f i n e and imprisonment. APPROVED AND PASSED at a duly convened meeting o f the Counci l t h i s _____ ]st______ day of October_______ , 1979 . "TOM OLEMAN" "RODNEY J. LOUIE" C o u n c i l l o r C o u n c i l l o r "ERNIE SAMPSON"___________ _____________ C o u n c i l l o r C o u n c i l l o r "R.K. TOMM" Counci 11 or C o u n c i l l o r
SCHEDULE 'A* STANDARDS TOR HAJNTKNANCK AND OCCUPANCY 1.1 SKRVICKS AND PAC II. I TICS Utility shut-offs for common services such as water, sewer, gas and electricity in each housing unit shall be maintained in good repair as determined by the Building Inspector. 1.2 DILAPIDATED BUÏLDINCS All dilapidated portions of structures, ancillary buildings and fences as determined by the Building Inspector shall be removed or repaired. 1.3 PROTECTION AGAINST TERMITES AND OTHER PEST INFESTATION Where the presence of termites or pests is evident or suspected, appropriate measures for extermination and protective measures against future termite infestation shall be undertaken. 2.1 WALKS AND DRIVEWAYS Walks and driveways shall be restored to a safe condition as determined by the Building Inspector where they constitute a safety hazard. 2.2 SITE DRAINAGE Adequate surface water drainage away from the structure shall be provided in a manner determined by the Building Inspector. 3.1 PIRE PROTECTION A high degree of safety to life and the protection of property shall be provided by the use of materials which retard the spread of fire and prevent the passage of flame, smoke and hot gasses through open or concealed spaces within the building, and by maintaining exits which will permit persons to leave the building with safety. Smoke alarms and fire extinguishes shall be maintained in an operating condition as determined by the Building Inspector. 4.1 STRUCTURAL - GENERAL All structural components of the building shall be sound. Structural members in a seriously deteriorated condition (as determined by the Building Inspector) shall be replaced. Loose jointing of structural members, sagging roofs, floors, interior stairs, exterior landings/ stairs, balconies and bulging walls shall be restored,.as far as practicable, to their original position and firmly supported or braced, , . or shall be replaced. It is essential that the structural integrity of the building is restored os necessary. ........................2 %
1 j - 2 A i J ' f o u n d a t io n :; Foundations shall be restored to ensure that they shall reasonably v support the loads imposed and to a standard as determined by the Building Inspector. When moisture or water penetration will cause structural daniange or loss of use of the basement or crawlspace, the foundation walls shall be dampproofed or waterproofed and drainage provided. Crawlspace shall be vented to the exterior. They shall be provided with access hatches. A. 3 EXTERIOR WALLS Exterior walls shall be maintained in sound condition capable of supporting likely loads, e.g. dead loads, and preventing the entry of moisture into the house. A.A INTERIOR WALLS AND COLUMNS Interior walls, partitions and columns shall be maintained in a sound condition as determined by the Building Inspector. Load bearing walls, partitions and columns shall be capable of supporting likely loads e.g. floor loads. A.5 ROOFS All roof construction components shall be capable of supporting likely loads e.g. snow loads, and form a suitable base for the roof covering, which shall be watertight. Enclosed attiç and roof spaces shall be vented to the exterior. Access hatches shall be provided to attics and other enclosed space. A.6 FLOORS All floor construction components shall provide reasonable support and fo'ra'a suitable base for the floor covering. Basement and crawl space floors shall be dampproofed. 5. CAULKING Joints around doors and window frames, louvres, fans etc., and all other unprotected joints in the exterior construction shall be caulked or recaulked where necessary to prevent the entry of moisture or drafts. 1
f>. . WINDOWS Existing windows Including hardware shall he maintained in an acceptable condition. Defective hardware and deteriorated sash and frame members shall be repnîred/repIneed to restore the window . to a sound condition as determined by the building inspector. « 7. DOORS Existing doors and hardware (including storm doors) shall be maintained except where the degree of deterioration and/or damage justifies replacement. All exterior doors shall be effectively weatherstripped. 8.1 EXTERIOR WALLS AND ROOFS All exterior walls and roofs shall be maintained to prevent the entry of moisture into the structure and provide reasonable durability. All exterior material subject to deterioration in its unprotected state shall be painted or otherwise suitably treated. Total re-roofing shall be made only where repair or replacement of sections is impracticable. 8.2 INTERIOR WALLS AND CEILINGS Cracks and defects in interior wall and ceiling finishes shall be repaired. Water resistant finishes around shower stalls and bathtubs in bathrooms shall be maintained. 8.3 FLOORS AND STAIRS Floors and stair finishes creating hazardous or unsanitary conditions as determined by the Building Inspector shall be replaced. Handrails shall be provided. 9.1 BUILDING SERVICES All heating systems shall be maintained in a clean and safe operating condition. No combustible material shall be permitted adjacent to heating system. Every vent pipe, chimney and smoke, pipe shall have sufficient clearance or be protected to prevent overheating of adjacent combustible materials and the entrance of noxious gases into the dwelling. Smoke pipes shall have ' a f m t. inimum • clearance from unprotected -combustible-materials as follows: '* a) Oil and gas burning- appl Lances - 230 mm b) Solid fuel burning appliances - 450 nun « A
Smoke pipes shnl ] !»«.• replaced if die existing, pipe*.*; ore «Jeter ioi u t e d . P i p e s .sli.ill lie i n s t a l l e d uit l i st i f f I»* ieitt ha nger:;/ straps to avoid sagging. Dampers shall be provided. v The pipes shall he sized according Lo the manufacturer *s specifi cations for the heating equipment. • _ . • The Canadian Heating Ventilating and Air-Conditioning Code 1977 is to be used to determine "good practice". 9.2 PLUMBING All defective plumbing pipes, fixtures, etc., as determined by the Building Inspector shall be restored to a sound condition and protected from freezing. Galvanized pipe for domestic hot vater systems may be replaced by other acceptable piping where there is evidence of significant corrosion or restricted flows. 9.3 SEWAGE DISPOSAL An acceptable means of sewage disposal as determined by the Building Inspector or by a representative of the Regional Director, Department of National Health and Welfare shall be maintained. Acceptable is deemed to include any method of disposal which complies with the requirements of the authority having jurisdiction. 9.4 ELECTRICAL SERVICES The electrical distribution system e.g. panel boxes, wiring, receptacles, etc. shall be maintained in sound and safe condition as required by the authority having jurisdiction. «
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