Acts and Regulations

2002-45 - Provincial Building Regulation, 2002

Table of contents
Current Version
Full text
Document at 8 January 2015
NEW BRUNSWICK
REGULATION 2002-45
under the
Community Planning Act
(O.C. 2002-202)
Filed May 27, 2002
Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
Citation
1This Regulation may be cited as the Provincial Building Regulation, 2002 - Community Planning Act.
Definitions
2In this Regulation
“accessory structure” means a structure located on the same lot as the main building, structure or main use to which it is accessory, the use of which is naturally or customarily incidental or complementary to the main use of the land, building or structure but does not include a structure designed for public congregation; (construction accessoire)
“Act” means the Community Planning Act; (Loi)
“Code” means the National Building Code of Canada 2010, with the exception of section 3.8, which is replaced by the Barrier-Free Design Building Code Regulation - Community Planning Act.(Code)
2005-38; 2008-72; 2014-109
Application
3This Regulation applies
(a) in the unincorporated area of the Province, and
(b) in a rural community that has not enacted a building by-law under section 59 of the Act.
2005-38
Purpose
4The purpose of this Regulation is
(a) to prescribe standards for the building, locating or relocating, demolishing, altering or replacing of a building or structure,
(b) to prohibit the undertaking or continuing of work mentioned in paragraph (a) in violation of standards prescribed under paragraph (a),
(c) to prescribe a system of development and building permits for work mentioned in paragraph (a), the terms and conditions under which development and building permits may be issued, suspended, reinstated and revoked, and
(d) to prescribe fees for development and building permits.
Adoption of Code
5The National Building Code of Canada 2010 is adopted by reference for the purposes of prescribing standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing of a building or structure.
2008-72; 2014-109
Exemption from Code
6The following buildings and structures are exempt from the application of the Code:
(a) buildings designed for overnight accommodation with a total floor area of less than 56.08 square metres (625 square feet), and
(b) accessory structures not designed for overnight accommodation.
Prohibition
7(1)A person shall not undertake or continue the building, locating or relocating, demolishing, altering or replacing of a building or structure unless
(a) subject to section 6, the building, locating or relocating, demolishing, altering or replacing of the building or structure conforms with the Code as adopted under section 5, and
(b) a development and building permit has been issued under this Regulation.
7(2)Notwithstanding subsection (1), a development and building permit is not required for the demolition of a building or accessory structure exempted under section 6.
Application for a development and building permit
8(1)A person seeking to obtain a development and building permit shall make application in writing to the development officer or building inspector, as the case may be, having jurisdiction in the area where the land involved is located and such application shall:
(a) be made on a form provided by the Director;
(b) be signed by the applicant;
(c) describe the development or state the intended use of the building or structure, as the case may be;
(d) unless waived by the development officer or building inspector, include copies in duplicate of the specifications and scale drawings of the development or the building or structure with respect to which the work is to be carried out, showing
(i) the dimensions of the development or building or structure,
(ii) the proposed use of each room or floor area of the building or structure,
(iii) the dimensions of the property on which the development or building or structure is, or is to be, situated,
(iv) the grades of the streets and sewers abutting the land mentioned in subparagraph (iii), and
(v) the position, height and horizontal dimensions of all buildings or structures on, and those proposed to be located on, the land referred to;
(e) set out the total estimated cost of the proposed work; and
(f) contain such other information as the development officer or building inspector may require for the purpose of determining compliance with this Regulation.
8(2)Subject to subsection 17(3), a development and building permit shall be issued where
(a) an application referred to in subsection (1) has been received, and
(b) the proposed work conforms with this Regulation.
8(3)A development and building permit shall be issued by either a development officer or a building inspector.
Conditions
9A development and building permit shall be subject to the following terms and conditions:
(a) the work mentioned in the development and building permit shall be commenced within six months from the date of issue of the development and building permit;
(b) the work mentioned in the development and building permit shall not be discontinued or suspended for a period in excess of one year; and
(c) the work mentioned in the development and building permit shall be carried out, unless otherwise approved by the development officer or building inspector, as the case may be, in compliance with the specifications contained in the application for the development and building permit.
Wiring permit
10A wiring permit shall not be issued under any regulation under the Electrical Installation and Inspection Act in respect of a development in the unincorporated area of the Province unless the applicant delivers a copy of the development and building permit for the development.
Responsibility of permit holder
11(1)Where a development and building permit is issued, the person named in the development and building permit shall give to the building inspector
(a) at least forty-eight hours notice of his or her intention to start the work authorized by the development and building permit,
(b) notice of the placement of a foundation wall below the land surface at least twenty-four hours prior to any backfilling of the excavation,
(c) notice of the completion of the work described in the development and building permit within ten days of such completion, and
(d) such other information as may be required under this Regulation.
11(2)Where tests of any materials are made to ensure conformity with the requirements of this Regulation, records of the test data shall be kept available for inspection during the carrying out of the work authorized.
11(3)The approval of plans or specifications, the issuing of a development and building permit or any inspections under this Regulation do not relieve a person of any duty or responsibility for carrying out works in accordance with this Regulation.
Inspections
12(1)A building inspector shall inspect the building, locating or relocating, demolishing, altering, or replacing of a building or structure.
12(2)Subsection (1) does not apply to buildings or accessory structures exempted under section 6.
Documents on the site
13During the carrying out of the work authorized by a development and building permit, the person named in the development and building permit shall keep posted in a conspicuous place on the property in respect of which the development and building permit was issued
(a) a copy of the development and building permit building permit or a poster or placard in lieu of the development and building permit, and
(b) a copy of any plans and specifications approved by the development officer or building inspector, as the case may be.
Tests
14(1)The building inspector may
(a) direct that tests of materials, devices, construction methods, structural assemblies or foundation conditions be made, or sufficient evidence or proof be submitted, at the expense of the owner, where such evidence or proof is necessary to determine if materials, devices, construction methods, structural assemblies or foundation conditions meet the requirements of this Regulation, and
(b) revoke, suspend or refuse to issue a development and building permit where, in opinion of the building inspector, the results of the tests referred to in paragraph (a) do not meet the requirements of this Regulation.
14(2)The building inspector shall reinstate the development and building permit when the materials, devices, construction methods, structural assemblies or foundation conditions meet the requirements of this Regulation.
Tests
15The building inspector shall keep proper records of all applications received, development and building permits issued and inspections and tests made and shall retain copies of all papers and documents connected with the administration of the duties of a building inspector.
Copy of Code
16The building inspector shall keep one copy of the Code available for public use, inspection and examination.
Fees
17(1)The fee for a development and building permit for a building or structure to which the Code applies is $25.00 plus $5.00 for each one thousand dollars of the estimated construction cost of the building or structure.
17(2)The fee for a development and building permit for a building or structure which is exempted from the application of the Code under section 6 is $25.00.
17(3)Where the development officer or the building inspector, as the case may be, is of the opinion that the estimated cost of construction of the building or accessory structure provided by an applicant is unreasonable, the development officer or building inspector may refuse to issue the development and building permit.
2010-22
N.B. This Regulation is consolidated to January 1, 2015.