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THE NECOSLIE BY-LAW NO. HOUSING BY-LAW NO. 1 Being a by-law to provide regulations fo r occupancy and building maintenance standards. WHEREAS under the provisions o f the National Housing Act no loan may be made by the Central Mortgage and Housing Corporation (hereinafter called the Corporation) fo r the purpose o f rehab ilita tion o f ex isting residen tia l buildings unless standards o f occupancy and building maintenance satisfactory to the Corporation have been adopted in the Reserve in which the building is loca ted ;. AND WHEREAS the Council o f the Band deems i t expedient to make a by-law prescribing the minimum standards fo r occupancy and building maintenance of a l l properties rehabilitated through the Residential Rehabilitation Assistance Program of the Corporation; AND WHEREAS section 81 (h) , (q) and (r) , o f the Indian Act empowers the Council o f a Band to make by-laws fo r the purpose o f regulating construction, repair and use o f buildings on reserves and the imposi tion on summary conviction of a fin e or imprisonment fo r v io la tion o f a by-law; K&r THEREFORE the Council o f NECOSLIE________________ Band o f Indians enacts as a by-law the follow ing: 1. This by-law shall be known as the _____ HOUSING BY-LAW NO. 1 Band RRAP Standards By-law No. ______i _____________________, 1978. 2. In th is by-law "Building Inspector" means a person authorized by Council to inspect buildings on the Reserve as set out in th is By-law; "Corporation" Means the Central Mortgage and Housing Corpora tion ; „ Counc . i . l . . means the d , u . l y elected Band of Indians; "Owner" means a person who has lega l t i t l e to or is in pos session of a building situated on the reserve or land which has been surrendered to Her Majesty fo r leasing purposes and includes a person who has received a loan under Section 3; /5> /S ' — </ r e ' BAND OF INDIANS \ „ counc , i n l o f — ___ N _ E _ C __ O _ S _ L _ I _ E _________ .. /2
- 2 -"RRAP" means the Residential Rehabilitation Assistance Program of the Corporation; "Reserve" means tract o f land set aside fo r the use. and benefit o f the ______ N __ E _ C _ O __ S _ L _ IE __ ___________ „ B and . of I T ndians; 3. Every person who has received a loan from the Corporation fo r the purpose o f rehab ilita tion o f an existing rea l property located within the Reserve through the RRAP shall comply with the occupancy and building maintenance standards as set forth in Schedule 'A ' referred to in section 4. 4. The standards fo r the rehabilitation o f residen tia l buildings issued by the Corporation are hereby amended fo r the purposes o f maintenance and occupancy and form part o f th is by-law as Schedule 'A ' hereto. 5. Wheref in the opinion of the Building Inspector work is required to maintain the rehab ilita tion made of rea l property through the RRAP, in conformity with Schedule 'A 1, the Building Inspector may give notice to the owner o f the property specifying the work to be done and the period o f time within which the work is to be completed. 6. Every person who receives notice referred to in section 5 shall comply with a l l the terms o f such notice. 7. Every person who applies fo r a loan from the Corporation as stated in section 3 shall permit the Building Inspector reasonable access to the property intended to be rehabilitated through the RRAP fo r the purpose o f determining whether such property is e l ig ib le fo r the RRAP assistance. 8. Every person who has received a loan from the Corporation as stated in section 3 shall permit the Building Inspector reasonable access to the property assisted through the RRAP fo r the purpose o f determining whether the provisions o f this by-law are being or have been complied with. 9. Every person who has received a loan from the Corporation as stated in section 3 shall use the rehabilitated premises so lely fo r res iden tia l purposes and in a manner consistent with the standards o f maintenance as prescribed in Schedule 'A ' 10. The Council may from time to time appoint one or more persons who shall perform the duties o f Building Inspector as provided by th is by-law. A person so appointed shall hold the position at the pleasure o f the Council. ----------3
3 11. Every person who fee ls aggrieved by the determination o f the Building Inspector may upon a written application request the Council to review the determination o f the Building Inspector, and upon receipt o f such application, the Council shall within seven days review in open meeting the application. Both the applicant and the Building Inspector may ca ll evidence, be represented by counsel, cross-examine witnesses and make submissions; the Council shall forthwith d e liver a decision on the application. The decision shall be binding and f in a l. 12. Every person who impedes or in terferes with the conduct o f the work of the Building Inspector, or who v io la tes any provisions o f this by-law shall be gu ilty o f an offence and shall be lia b le on summary conviction to a fine not exceeding one hundred dollars or imprisonment fo r a term not exceeding th irty days, or both a fin e and imprisonment. APPROVED AND PASSED at a duly convened meeting o f the Council this ________________ 1 _ 2 _ t _ h _ ______________da , y o f - Se * p __ te _ m __ b _ e __ r _________ , 197 _ 8 ___ "J. PRINCE” Chief ”FRED SAM" "JACKIE PRINCE" Councillor Councillor "HAROLD PRINCE" Councillor Councillor "CARL LEON" councillor Councillor
SCHEDULE 'A 1 STANDARDS FOR MAINTENANCE AND OCCUPANCY 1.1 SERVICES AND FACILITIES U t il ity shut-offs fo r common services such as water# sewer/ gas and e le c tr ic ity in each housing unit shall be maintained in good repair as determined by the Building Inspector. 1.2 DILAPIDATED BUILDINGS A ll dilapidated portions o f 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 presenœof termites or pests is evident or suspected# appropriate measures fo r extermination and protective measures against future termite in festation 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 sa fety 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 FIRE PROTECTION A high degree o f safety to l i f e and the protection o f property shall be provided by the use o f materials which retard the spread o f f i r e and prevent the passage o f flame# smoke and hot gasses through open or concealed spaces within the building, and by maintaining ex its which w i l l permit persons to leave the building with sa fety . Smoke alarms and f i r e extinguishers shall be maintained in an operating condition as determined by the Building Inspector. 41. STRUCTURAL - GENERAL A ll structural components o f the building shall be sound. Structural members in a seriously deteriorated condition (as determined by the Building Inspector) shall be replaced. Loose jo in ting o f structural members# sagging roofs# floors# in te rio r stairs# ex terio r landings/ stairs# balconies and bulging walls shall be restored# as fa r as practicable# to the ir o rig ina l position and firm ly supported or braced# or shall be replaced. I t is essential that the structural in teg r ity o f the building is restored as necessary. 2
- 2 -4.2 FOUNDATIONS Foundations shall be restored to ensure that they shall reasonably support the loads imposed and to a standard as determined by the Building Inspector. When moisture or water penetration w i l l cause structural damange or loss o f use o f the basement or crawlspace, the foundation walls shall be dampproofed or waterproofed and drainage provided. Crawlspace shall be vented to the ex terio r. They shall be provided with access hatches. 4.3 EXTERIOR WALLS Exterior walls shall be maintained in sound condition capable o f supporting lik e ly loads, e .g . dead loads, and preventing the entry o f moisture into the house. 4.4. INTERIOR WALLS AND COLUMNS In terio r walls, partitions and columns shall be maintained in a sound condition as determined by the Building Inspector. Load bearing w alls , partitions and columns shall be capable o f supporting l ik e ly loads e .g . flo o r loads. 4.5 ROOFS A ll roof construction components shall be capable o f supporting lik e ly loads e .g . snow loads, and form a suitable base fo r the roof covering, which shall be watertight. Enclosed a tt ic and roof spaces shall be vented to the ex terio r. Access hatches shall be provided to a ttics and other enclosed space. 4.6 FLOORS A ll flo o r construction components shall provide reasonable support and form a suitable base fo r the flo o r covering. Basement and crawl space floors shall be dampproofed. 5. CAULKING Joints around doors and window frames, louvres, fans e tc ., and a l l other unprotected jo in ts in the exterior construction shall be caulked or recaulked where necessary to prevent the entry o f moisture or drafts . 3
3 6. WINDOWS Existing windows including hardware shall be maintained in an acceptable condition. Defective hardware and deteriorated sash and frame members shall be repaired/replaced 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 o f deterioration and/or damage ju s t if ie s replacement. A l l ex terio r doors shall be e f fe c t iv e ly weatherstripped. 8.1 EXTERIOR WALLS AND ROOFS A ll exterior walls and roofs shall be maintained to prevent the entry o f moisture in to the structure and provide reasonable du rab ility . A l l exterior material subject to deterioration in it s unprotected state shall be painted or otherwise suitably treated. Total re-roofing shall be made only where repair or replacement o f sections is impracticable. 8.2 INTERIOR WALLS AND CEILINGS Cracks and defects in in te r io r wall and ce ilin g fin ishes shall be repaired. Water resistant fin ishes around shower s ta lls and bathtubs in bathrooms shall be maintained. 8.3 FLOORS AND STAIRS Floors and s ta ir fin ishes creating hazardous or unsanitary conditions as determined by the Building Inspector shall be replaced. Handrails shall be provided. 9.1 BUILDING SERVICES A ll 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 su ffic ien t clearance or be protected to prevent overheating o f adjacent combustible materials and the entrance o f noxiojs gases into the dwelling. Smoke pipes shall have a minimum clearance from unprotected combustible materials as fo llow s: a) O il and gas burning appliances - 230 mm b) Solid fu el burning appliances - 450 mm 4
- 4 Smoke pipes shall be replaced i f the existing pipes are deteriorated. Pipes shall be in sta lled with su ffic ien t hangers/ straps to avoid sagging. Dampers shall be provided. The pipes shall be sized according to the manufacturer's s p e c ifi cations fo r the heating equipment. The Canadian Heating Ventilating and Air-Conditioning Code 1977 is to be used to determine "good p rac tic e ". 9.2 PLUMBING A ll defective plumbing pipes, fix tu res , e tc . , as determined by the Building Inspector shall be restored to a sound condition and protected from freezing. Galvanized pipe for domestic hot water systems may be replaced by other acceptable piping where there is evidence o f s ign ifican t corrosion or restricted flow s. 9.3 SEWAGE DISPOSAL An acceptable means o f sewage disposal as determined by the Building Inspector or by a representative o f the Regional D irector, Department o f National Health and Welfare shall be maintained. Acceptable is deemed to include any method o f disposal which complies with the requirements o f the authority having ju risd iction . 9.4 ELECTRICAL SERVICES The e le c tr ic a l d istribution system e .g . panel boxes, w iring, receptacles, etc. shall be maintained in sound and safe condition as required by the authority having ju risd ic tion .
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