Contenu de la décision
9- 6-91 ; 14:28 ; AMHERST- 819 953 33715# 9/45 Y S Y D 7 / 7 f OfiSERiam* O' / / 7 -* -•» J BY-LAW MO. i m . 3 of tbi Millbrook Indian Band By-law for the Regulation of the construction, Xopair and uaa of ____Buildings on the Reserve WHEREAS the Council of tha Millbrook Indian Band desires to make a by-law ragulating tha construction, repair and use of buildings on the reserve; with respsct to any matter arising out of or ancillary to the axaroisa of powers v u i n o de l r a ti S o e n c ti t o he n r e 8 o 1, f ; and the imposition of a penalty for the AMD WHBREA8 the Council of the Millbrook Indian Band is empowered to make such by-law pursuant to paragraphs 8i(i)(h), (q) and (r) of the Indian Art; AMD WHEREAS it is considered necessary for the safety of the inhabitants and the development or the reserve t a o n d pr u o s v e i d o e f b f u or i l t di he ng s r eg on u la th t e i on r es o e f r v t e h ; e construction, repair NOW THEREFORE the Council of the Millbrook Indian Band hereby makes the following by-lawt 1. This by-law may be cited as the HMillbrook Indian Band Building By-law*'. Definitions 2. In this by-law, "Band" means the Millbrook Indian Band; "building" means any structure used or designed to be used for shelter, accommodation or encloeure of persona, animals or chattels; "building inspector" means a person appointed*py the Council under this by-law to enforce and carry out the provisions of this by-law; "construction" means an erection, repair, alteration, addition or excavation; "Council" means the council of the Millbrook Indian Band; "owner" means any person, firm or corporation who has possession of land or a building on the reserve/ "reserve" means ths reserve of the Millbrook Indian Band and includaa the Band*s Reserves Mo. 27, 27A, 27B, 27C, 17,30 and 36; and "work" means any construction, demolition or removal.
M hi : 9- 6-91 ; 14:29 ; - 2 flbedulee 3. The following Schedules form pert of this by-law: Schedule "A** Schedule "B" Schedule "C" Schedule WD'* Schedule "Ew BgplisaJfeiaa 4* This by-law applies to the construction, demolition and occupation of any building, or part thereof, located on the reserve. Requirement for Permit 5. (1) No person shall undertake construction of a building or authorize or allow construction of a building on the reserve unless he holds a valid and subsisting building permit issued by a building inspector pursuant to this by-law. (2) Ho person shall deviate from the approved plans and spscifications forming part of a building permit or omit or fail to eomplete work required by the said plans and specifications unless that person has first obtained e variance permit from a building inspector pursuant to this by-law, (3) No person shall demolish or remove e building or authorize the demolition or the removal of a building on the reserve unless he holds a valid and subsisting demolition permit issued by a building inspector pursuant to this by-law. (4) No person shall occupy or allow the occupancy of any building or part thereof on the reserve, unless that person holds a valid and subsisting occupancy permit issued by a building Inspector pursuant to this by-law. gSCftitfl 6. (1) a building permit shall be in the form set out in Schedule "A". (2) A variance permit shall be in the same form as that set out in Schedule MBN. (3) A demolition permit shall be in the form met out in schedule NCN. (4) An occupancy permit shall be in the form eat out in Schedule "D".AMHERST-* 819 953 3371;#10/45 9 i A P p e p r l m i i c t ation for Building P B e u r il mi d t ing Permit/Variance Demolition Permit Occupancy Permit Permit Pees #•
9- 6-91 ; 14:30 : AMHERST-* 819 953 3371 ’,#11/45 f - 3 conditions Qg permit 7* (1) it is a term and condition of every permit issued under this by-law that the standards and specifications contained in the National Building Code of Canada as amended from time to time, and the Nova Scotia Building code as amended from time t s o p ec t i im f e i ed s ha i l n l th b i e s c b o y m p l l a i w e . d with except as otherwise (2) It is a term and condition of every permit issued under this by-law that the permit holder is responsible for any damage caused to publio or u p n r d i e v r a te t he p ro pe p r e m r i t t y . while undertaking work authorised (3) It is a term and condition of every permit issued under this by-law that the permit-.shall be w p h o i s c t h e d it i n i a s c i o ss n u s e p d i . cuous place on the premises for Building Inspector 8. (l) The Council may, by resolution, appoint one or more building inspectors, who shall be r of e sp t o hi n s s ib b l ye l a f w o . r the administration and enforcement (2) The Council may, in the resolution, provide for reasonable remuneration to be paid to a building inspector. powers and Duties of the Building Inspector 9. (l) A building inspector shall (a) receive and dtal with all applications for permits to be issued under this by-law; (b) maintain a record of all applications fort permits and retain on file a copy of all permits and orders issued, inspections and tests made, and of all papera end documents connected with the administration of this by law for a period of not less than ten yearn from the date of issuance of the permit; (c) Ascertain, as far as reasonably practical, that all information furnished by the applicant in connaction with an application for a permit ie true in substance; (d) as often as may be necessary, make inquiries and inspections of any building or premises between the hours of 9s00 a.m. and 6s00 p.m. to determine whether a holder of a permit issued pursuant to this by-law complies in every respect with the permit issued and by laws of the Council;
9- 6-91 ; 14:30 ; AMHERST-t 019 953 3371:#12/45 /• - 4 i (e) report in writing to the Council bi-monthly, or as otherwise requested by the Council, stating the number of permits issued, types of permits issued, the types of buildings being built on the reserve, the duration of each permit, and the amount of money received since the previous report, along with a summary stating the total number of permits t i o s s d u a e t d e an f d o r th th e e t c ot u a r l r en a t m o y u e n a t r ; of fees received (f) answer such questions as related to the administration of this by-law; (g) perform such other duties as may be assigned by the Council from time to time. (2) A building inspector may order (a) a person who contravenes a permit, this by law or any other applicable by-law to comply w s i p t e h ci f t i h e e d pe t r im m e i t pe o r r i o t d h ; e by-law within a (b) the termination of any construction on a building or part thereof, if work is proceeding in contravention of a permit, this by-law or any other applicable by-law; (c) the termination of any construction on a building or part thereof, where there are unsafe conditions present; (d) the correction of any unsafe condition observed in any building; (e) the removal of any building or part thereof constructed in contravention of a permit, this by-law or other applicable by-law; and (g) the termination of any oocupancy of any building if any unsafe condition exists. *» (3) The building inspector may direct that sufficient evidence or proof be submitted at the expense of the owner to determine whether a material, device, construction method, assembly, construction or foundation meets the requirements of this by-law. (4) When due notice to correct unsafe conditions in a building has not been complied with, the building inspector may make safe such condition at the expense of the owner. Application for Building_Parmlt 10. (i) A person who wishes to obtain a building permit shall make an application in writing to a building inspector on the form "Application for Building Permit”, which is set out in Schedule "A" • (2) An application for a buil l ding permit shall be accompanied by the prescribed fee es set out in Schedule
9- 6-91 ; 14:31 ; AMHERST-* 819 953 3371;#13/45 - 5 -(3) An application for a building permit shall include (a) a b e d u e n t d a e i r l t e a d k e d n e ; scription of the construction to (b) a statement as to the intended use and occupancy of the building; (c) the legal description of the land on which the construction is to be dope; (d) site plans and specifications; (e) the valuation of the proposed construction; (f) the names, addresses and telephone numbers of the owner, architect, engineer, contractor, subcontractor or other designer and . constructor; and (g) any other relevant information the applicant wishes to submit. (4) There shall be included in every site plan an indication of (a) the location of the proposed building or buildings; (b) the means of access and egress to service the property; (c) the location of any other existing building or buildings on the site; (d) all easements and rights-of-way; and (e) the occupancy of all parts of the proposed building. issue of Building Permit 11. A building inspector shall issue a building permit to the applicant if (a) the applicant has disclosed all information required to be disclosed in the application t f h o a r t m a a n ll d t i h n e f o b r u m i a l t d i i on n g d i i s n c s l p o e s c e t d o r by i s th s e atisfied applicant is true; (b) the proposed construction complies with the standards and speoification of the National Building Code and the Nova Scotia Building Code, except as otherwise specified in this by-law; (c) where utility services for the property are available, all appropriate connecting fees have been paid;
SENT BY: 9- 6-91 : 14:32 ; AMHERST- 819 933 3 3 /1 ’.#1 4 /4 3 Z v - 6 -<d) provision has been made for a sewage disposal system that is adequate for the property; (e) p s r y o s v t i e s m i o f n o r ha t s h e b p e r e o n p e m r a t d y e ; for an adequate water (f) b th ee e n Mi c l o l m b p r l o i o e k d w I i n t d h i ; an Band Zoning By-law has (g) all other Band by-laws have been complied with; and <h) t b h ee e n r p e a q i u d i . red fee for the building permit has construction Period 12. (1) Work shall be commenced within 180' days from the date of issue of a building permit. f ( o 2)A person may apply to a building inspeotor out r an extension of the period for completion set in a building permit. (3) The building inspector shall grant an extension if (aj he is satisfied that the work is progressing in accordance with the approved plane at a reasonable rate of progrees; and (b) the required extension fee set out in Schedule "EH has been paid (4) A person to whom a building permit has been issued may apply to a building inspector in writing to cancel the building permit within six months from the date of issue. (5) Where a building inspector cancels the building permit, and no work has taken place, fie shall refund 50% of the building permit fee. Application for Variance Permit 13. (1) A person who wishes to obtain a variance permit shall make an application in writing to a building inspector. (2) An application for a variance permit shall be accompanied by the prescribed fee as set out in Schedule "E". (3) An application for a variance permit shall include (a) the proposed changes to the work; (b) revised site plans and specifications;
mva 1 -» DiU iJDcJ ijci71 - 7 - « (c) the valuation of the proposed changes; and (d) w a i n s y h e o s t he t r o r su e b l m e i v t a . nt information the applicant issue, of Variance Permit 14. p ( e 1) r m t i h t e i b f uilding inspector shall issue a variance (a) the applicant has disclosed all information required to be disclosed in the application t f h o a r t m a a n l d l t i h n e f o b r u m i a l t d i i o ng i applicant is true; n dis n c s l p o e s c e t d o r by i s th s e atisfied (b) the proposed variance complies with ths standards and specifications of the National Building code and the Nova Scotia Building Code except as otherwise specified in this by-law; (c) where utility services for the property are h av a a v i e l a b b e l e e n / pa a i l d l ; appropriate connection fees (d) provision has been made for a sewage disposal system that is adequate for the property; (e) provision has been made for an adequate water system for the property; (f) the Millbrook Indian Band Zoning By-law has been complied with; (q) all other Band by-laws have been complied with; and ( h ) the required fee for the varianae permit has been paid. (2) Section 12 applies to variancs permits, substituting the word MvarianceM for the word •’building". application or .Demolition Permit 15. (l) A person who wishes to obtain a demolition permit shall make an application in writing to a building inspector. (2) An application for a demolition permit shall be accompanied by the prescribed fee as set out in Schedule "E". (3) An application for a demolition permit shall include (a) the legal description of the land on which the demolition is to take place;
j u ;n • x i-oo . Aiwrtc.Kii-’ oxu uoxx oo/x itxo/xa H - 8 -(b) the name, address and telephone number of the person who is to undertake the demolition; (c) the type of building which is to be demolished; (d) d t e h m e o l m i a s n h n e e d r ; in which the building will be (e) the site plans and specifications of the building to be demolished, including the location of nearby buildings; (f) evidence to show that no unsafe conditions will be created or permitted; (g) evidence to show that all utility services to the building have been disconnected and that all such disconnections have been approved by the appropriate authority; (h) any other relevant information the applicant wishes to submit. Issue of SflBftlitiaaJEagaife 16 . t ( o l) the T he a p b p u l i i l c d a i n n t g if inspector shall issue a permit (a) the applicant has disclosed all information required to be disclosed in the application form and the building inspector is satisfied that all information disclosed by the applicant are true; (b) the proposed demolition complies with the standards and specifications of the National Building Code and the Nova Scotia Building Code, except as otherwise specified in this by-law; *' (c) utility services to the building have been disconnected and all such disconnections have been approved by the appropriate authority; (d) water services to the building are disconnected; (e) all other Band by-laws have been complied with; # (f) the applicant has agreed to leave the site of the demolition in a safa, neat condition, free from debris and dust; and (g) the required fee for the demolition permit has been paid.
*
3- 6-91 ; 14:34 ; AMHERST-* 819 953 c \ - 9 (2) Section 12 applies with respect to demolition permits/ substituting the word "demolition" for the word "building". application for Oooupanov Permit 17. (l) a person who wishes to obtain an occupancy p b e u r i m l i d t i ng s ha i l n l s pe m c a t k o e r . an application in writing to a i (2 n ) c lu A de n application for an occupancy permit shall (a) a statement to the effect that the construction of a building has been completed h a a n b d i t t a h t a i t o n t ; he building is now suitable for (b) evidence to show that all utility services/ water services and sewers or other disposal systems are in service; and (c) any other relevant information or documents the applicant wishes to submit. Xasue 18. The Building inspector shall issue an oecupanoy permit to the applicant if (a) the building is suitable for habitation; (b) utility services are complete; (c) a sanitary sewer or other disposal system is in service; (d) running water is in service; (e) no unsafe conditions exist; f (f) the National Building Code and the Nova Scotia Building code have been complied with except as otherwise specified in this by-law (g) the Millbrook Indian Band Zoning By-law has been complied with; and (h) all other Band by-laws have been complied with. Revocation or Suspension of Peralta 19. The building* inspector may suspend for a period not exceeding sixty days or revoke any permit issued under this by-law, where the permit holder (a) has failed to comply with this by-law; * e
9- 6-91 ; 14:34 ; AMHERST- 819 953 3371;#18/45 / f - 10 -(b) h l a aw s ; failed to comply with any other Band bv J -(c) p h e a r s m i c t o ; ntravened any term or condition of the (d) a h f a t s e r n ot t he c om i m s e s n u c e e d o f t t he he w o pe r r k m i w t i ; thin 180 days (e) has suspended or discontinued the work for a period of more than one year; or (f) has submitted false, misleading, mistaken or i i n n s c p o e r c r t e o c r t . information to the building appeal 20. (1) Any person (a) whose application for a permit under this by l i a n w sp e h o a t s o r n ; o t or been granted by a building (b) whose permit has been revoked or suspended by a building inspeotor under Section 19, may appeal the decision of the building inspector to the council by filing a Notice of Appeal with the council. (2) A Notice of Appeal shall be in writing and shall set out (a) the name and address of the appellant; (b) the grounds for appeal; and (c) the location of the work. (3) within 15 days after reoeipt of the Notice of Appeal, the Council shall hear the appeal, and shall give prior notice to the appellant and the building inspector of the time and place of the appeal. (4) At the hearing of the appeal, the council shall provide the appellant and the building inspector with an opportunity to present evidence and to make oral and written submissions. (5) Within 10 days after hearing the appeal, the Council shall, based on the criteria set out in section 19, confirm, revoke or vary the decision appealed from. (6) The Council shall send a copy of its decision and its written reasons to the appellant and to the building inspector.
9- 6-91 ; 14:35 ; AMHERST- 819 953 3371;#19/45 /? 11 -QffjJBSAB 21 . (1) A person who (a) fails or refuses to comply with any provision of this by-law or of the terms and conditions of any permit issued under this by-law; (b) b s u u i b l m d it i s n g fa i l n s sp e e c o t r o r m ; i s o l r eading information to a (c) interferes with or obstructs a building inspector acting in the administration or enforcement of this by-law, commits an offence. (2) where an act or omission in contravention of this by-law continues for more than one' day, such act or omission shall be deemed to be a separate offence committed on each day during which it continues, and may be punished as such. £ 22 9 . Af tlfez A person who commits an offence under this by-law is liable on summary or to imprisonment for a term not exceeding $1,000.00 or to imprisonment for a term not exceeding 30 days, or to both. Further Remedial. AVftilftfe.lt 23. (l) Where this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty Imposed by this by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. •v (2) Where this by-law is contravened, in addition to any other remedy and to any penalty imposed by the by-law, such contravention may be restrained by court action at the instance of the band council.
>fc\i ij'i ■ 9- 6-91 ; 14:33 ; AMHERST* 819 953 3371;#20/45 / / - 12 This by-law is hereby made at a duly convened meeting of the Council of the Millbrook Indian Band this day of , 19 V . ^ V t o h t e in C g o un i c n i l f : avour of the by-lay are the following members of Member ofthe Council Member of the Council Member of the Council Member of the Council Member of the Council being the majority of those members of the Council of the Millbrook Indian Band present at the aforesaid meeting of the council. The quorum of the Council is four members* » Numbter^of members of the Council present at the meeting: ______________L s L Z Chief of the Millbrook Indian Bahd, do hereby certify thatT a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the Regional office in Amherst, pursuant tp Subsect iIoo:n 82(1) of the Indian hot, this day of f k . , 192/.
,~5L \ ; G1 • 9- 6-91 ; 14:36 ; AMHERST-* 819 9S3 3371 /! SCHEDULE Ma»* M f M S m g M FOR BUILDING PERMIT 1/ __________________________, of ____________ _ _ ______ (Name) (Address) being the owner _________ authorized agent __________ hereby make application to Erect _________ Add to _______ Alter __________ Repair __________ Other _________ the . following building which is described by site plans and specifications forming part of this application. All easements and right-of ways are shown on the drawings Owner: _________________________ Address and Phone; __________________________________ Architect: _______________________ Address and Phone: ______________________ . .. . - . Engineer: ________________________ Address and Phone: ___________________________________ Contractor: _______________________ Address and Phone: ..... . ...... ...................... Subcontractor: ______________________ Address and Phone: _................ ..... ...... 2. Others: _____________________ Address and Phone: ________________________ _ __________ Legal Description of Land: Type of Building: _____ Intended Use & Occupancy:
\ i til • y- b-yi ; i4:ab ; AMHERST-* 313 853 3371;#22/45 <%/» Schedule "A" Paua 2______ -J Zoning: . . Building Area: ___________ Area of Land: __________ Method of Heating: Roofing: ___________ Framing: __________ Plumbing: __________ Eleotrioal: _ _ _ _ _ _ Water Service: __________ Insulation: ____ _ Sanitary Service or Other Disposal System: ___ Foundation; ___________ Excavation: ________ Garage: __________ Other Accessory Buildings: ventilation: ____________ Other: _______________________________________ Total Value of all Work Including Subtrades: $ Permit Fee: $ ___________ Detailed Description of Proposed Work: •* Sane Date Permit No. ______________ Issued on , Building Inspector
SENF BY: 8- 6-91 ; 14:37 ; AMHERST-* 819 953 3371;#23/45 J-/ 8CHEDULE "B" BPILDINd PERNIT/VAKIANCfc PERMIT Issued: 19 _ Permit No* Expires 19 _ Name: ___________________ Location of Work: ______ j Legal Description of Land: Type of Building: ___________ . . Intended Use of Occupancy Zoning: Owner: _________________________ Address & Phone No.: ___________ Architect: __________ Address & Phone No: _ Engineer: __________ Address and Phone No.: Contractor: ________ Address and Phone No*: sv Subcontractor: x . . Address and Phone No.: Others: ____________ Purpose for Which Permit is Issued:
SEN i n't : 9- 6-91 ; 14:37 ; AMHERST-* 819 953 3371*. #24/4a E S a c a h g e d 2 u _ le _ _ M _ Bn -Conditions of Permiti l- The work authorized under this permit shall comply with the standards and specifications contained in t B h u e i l N d a i t n i g o n C a od l e . Building Code and the Nova Scotia 2. The permit holder shall be responsible for any damage caused to public or private property while undertaking work authorized under this permit, 3. This permit must be posted in a conspicuous place on the premises for which it is issued. ft***********************************************tf********** CALL FOR INSPECTIONS AS INDICATED INSPECTION OF APPROVED INSPECTOR'S EXfiMATWRE.. Excavation Foundation Roof ing Framing Insulation Ventilation Electrical Plumbing Heating Water Service Sanitary Service Other Final Date Building Inspector
9 - 6-91 ; 14:38 ; AMHERST-* 813 353 3371;#25/45 SCHEDULE "C" DEMOLITION PEEWIT Issued 19 Permit No Expires 19 Name: _________ -_________ Location of Building: ____________ Legal Description of Land: ________ Type of Building (size, materials)! Owner; ___________________________ Address & Phone: _______________________ Contractor: ______________________ Address 6 Phone: __________________ Subcontractor: __________________ Address & Phone: _________________ Eng ineer: ______________ _ _______ Address & Phone: ________________ Others: ________________________ Address fit Phone: _________________ Purpose for Which Permit is Issued
EM BY; 8- 6-91 ; 14=38 ; AMHERST-* 819 353 3371;#26/45 4-1 Schedule HCM Page . 2,_____ ConditIona ef Permit 1. The work authorized under this permit shall comply with the standards and specifications contained in t B h u e i l N d a i t n i g o n C a od l e . building Code and the Nova Scotia 2. The permit holder shall leave the site of the demolition in a safe, neat condition free from debris and dust. 3. The permit holder shall be responsible for any damage caused to public and private property while undertaking work authorized under this permit. 4. This permit shall be posted in a conspicuous plaee on the premises for which it is issued. Date Building Inspector “t
9- 6-91 ; 14:39 ; AMHERST-* 819 953 3371;#27/45 ,45' SCHEDULE MDM * ossamxm I s s u e d _________________ 19 ___ Permit No. ____________ Name(s) ______________________ . ______ — Civic Address of Building Legal Description of Land Type of Building Type of Use and Occupancy The National Building Code and the Nova Scotia Building Code have been complied with _____________________________ _ Approved: The Building constructed under Authority of Permit No. may now be occupied. Date Building Inspector
y- b -y i ; 14:3 9 ; AMHERST- 819 953 3 3 7 1 ;#2 8 /4 5 f t SCHEDULE "B" ' PERMIT FEES For the purpose of calculating the fee for permits under p th r i i s c e by f o l r a w t , h e t w h o e r k v , a lu i e n c o l f u d w i o n r g k al s l h al s l u b b c e o n t t h r e a c t t o s t . al contract *• CpnpfcrugtlQn t B h u e i ld f i o n l g l / o V w a i r n i g a n s c ca e l e p : ermit fees shall be in accordance with . 1. For the construction of a value of $500.00 or less - $10.00 2. For construction of a value of $501.00 to $1,000.00 $20.00 3. For each $1000.00 or part thereof by which the value exceeds the sum o Of f $ $ 1 5 , 0 0 , 0 0 0 0 . 0 0 .0 0 0 up to a maximum value - $ 3.50 4. For each $1,000.00 or part thereof by which the value exceeds the sum of $50,000.00 as additional fees - $ 2.50 ii* Demolition Tha fees for a permit to demolish 6r remove a building shall be the following: 1. For buildings less than 1,000 square feet in area - $15.00 2. For buildings over 1,000 square feet in area - $25.00 ili. Extension in the event that an extension of the period set out in a *.. permit is required for work which has not reached final completion, the fee for such extension shall be 20 per cent of the original permit fee.
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.