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Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Provincial Building Regulation - Community Planning Act.

2In this Regulation

“alter” means, in relation to a building or structure, to make any structural or other change thereto which is not for purposes of maintenance only;(modifier)

“arterial and collector highways” means highways so classified under the Highway Act;(route de grande communication et route collectrice)

“Code” Repealed: 2002-49

“dwelling” means a building, as defined in the Code adopted by section 5, or any portion thereof, containing one or more dwelling units;(habitation)

“lot” means a parcel of land or two or more adjoining parcels of land held by the same owner and used or intended to be used as the site for a building or structure or an appurtenance thereto;(lot)

“multiple dwelling” means a dwelling containing four or more dwelling units;(habitation multifamiliale)

“one family dwelling” means a dwelling containing one dwelling unit;(habitation unifamiliale)

“three family dwelling” means a dwelling containing three dwelling units;(habitation trifamiliale)

“two family dwelling” means a dwelling containing two dwelling units;(habitation bifamiliale)

“width” means, in relation to a lot,(largeur)

(a) where the side lot lines are parallel, the distance measured across the lot at right angles to such lines, or

(b) where the side lot lines are not parallel, the distance measured across the lot along a line parallel to a line joining the points at which the side lot lines intersect the limits of the abutting street, such parallel line being drawn through the point at which the line of minimum setback, required by by-law or regulation, intersects a line from the midpoint of and perpendicular to the line to which it is parallel.

86-115; 98-16; 2002-49

APPLICATION

3(1)Subject to subsections (1.1) and (2), this Regulation is effective:

(a) in that part of the County of Albert

(i) contained in the former planning district known as Greater Moncton, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways;

(b) in that part of the County of Carleton

(i) contained between Highway No. 2 and Highway No. 105 from the York County line to the Town of Woodstock and the easterly projection of the southern boundary of the town, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways;

(c) in that part of the County of Charlotte

(i) being the parish of Lepreau,

(ii) contained in the areas described in Regulation 76-169 as Designated Areas No. 1 and No. 2, and

(iii) except for the Parishes of Campobello, Grand Manan and West Isles, within one hundred and fifty metres of either side of all arterial and collector highways;

(d) in those parts of the County of Gloucester

(i) contained in the former Belledune Planning District,

(ii) contained in the former Acadian Peninsula Planning District,

(iii) contained in the Big River Planning Area, and

(iv) within one hundred and fifty metres of either side of all arterial and collector highways;

(e) in that part of the County of Kent within one hundred and fifty metres of either side of Highways No. 134, 475, 505, 530 and 535 and Highway No. 11 from the southeast boundary of the Parish of Richibucto northwesterly to the Northumberland County line;

(f) in that part of the County of Kings within one hundred and fifty metres of either side of all arterial and collector highways;

(g) in that part of the County of Madawaska within one hundred and fifty metres of either side of all arterial and collector highways;

(h) in that part of the County of Northumberland

(i) contained in the former Miramichi Planning District, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways;

(i) in that part of the County of Queens within one hundred and fifty metres of either side of all arterial and collector highways;

(j) in those parts of the County of Restigouche

(i) contained in the former Belledune and Restigouche Planning Districts, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways;

(k) in that part of the County of Saint John

(i) being the Parishes of Musquash and Simonds, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways;

(l) in that part of the County of Sunbury

(i) being the Parishes of Maugerville and Lincoln,

(ii) contained in the areas described in Regulation 74-103 as Designated Areas No. 1 and No. 2, and

(iii) within one hundred and fifty metres of either side of all arterial and collector highways;

(m) in that part of the County of Victoria within one hundred and fifty metres of either side of all arterial and collector highways;

(n) in that part of the County of Westmorland

(i) contained in the former planning districts known as Greater Moncton and Beaubassin, and

(ii) within one hundred and fifty metres of either side of all arterial and collector highways; and

(o) in that part of the County of York

(i) being the Parishes of Bright, Douglas, Kingsclear, New Maryland, Queensbury, Southampton, and St. Mary’s and that portion of the Parish of Stanley lying south of the southwesterly prolongation of the most northerly boundary of the Parish of St. Mary’s,

(ii) being in the Parishes of Prince William, Dumfries and Canterbury between the Saint John River and Highway No. 2, and

(iii) within one hundred and fifty metres of either side of all arterial and collector highways.

3(1.1)Repealed: 2005-35

3(2)This Regulation is not effective in

(a) a municipality which has enacted a building by-law, or

(b) a rural community which has enacted a building by-law.

85-60; 90-82; 2005-35; 2012, c.44, s.5

SCOPE

4Repealed: 2002-49

2002-49

ADOPTION OF CODE

5Repealed: 2002-49

86-115; 98-16; 2002-49

APPOINTMENT OF
BUILDING INSPECTORS

6Repealed: 2002-49

2002-49

BUILDING PERMITS

7Repealed: 2002-49

2002-49

8Repealed: 2002-49

2002-49

LOT SIZES

9(1)No building or structure may be built, located or relocated, altered or replaced on a lot unless the lot meets the requirements of this section.

9(2)Where a lot is serviced by both a water system for public use and a sewer system for public use, the lot shall have and contain:

(a) for a one family dwelling or a building or structure not used for residential purposes,

(i) a width of at least eighteen metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least five hundred and forty-five square metres;

(b) for a two family dwelling,

(i) a width of at least twenty-three metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least eight hundred and eighteen square metres;

(c) for a three family dwelling,

(i) a width of at least twenty-seven metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least one thousand and ninety square metres; and

(d) for a multiple dwelling,

(i) a width of at least thirty-six metres, plus one and one-half metres for each dwelling unit in excess of six,

(ii) a depth of at least thirty metres, and

(iii) an area of at least one thousand two hundred and seventy-two square metres, plus sixty-eight square metres for each dwelling unit in excess of four.

9(3)Where a lot is serviced by a sewer system for public use, and not by a water system for public use, the lot shall have and contain

(a) for a one family dwelling or a building or structure not used for residential purposes,

(i) a width of at least twenty-three metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least six hundred and seventy-two square metres;

(b) for a two family dwelling,

(i) a width of at least twenty-seven metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least one thousand and twenty-two square metres;

(c) for a three family dwelling,

(i) a width of at least thirty-two metres,

(ii) a depth of at least thirty metres, and

(iii) an area of at least one thousand three hundred and sixty-three square metres; and

(d) for a multiple dwelling,

(i) a width of at least thirty-six metres, plus one and one-half metres for each dwelling unit in excess of four,

(ii) a depth of at least thirty metres, and

(iii) an area of at least one thousand five hundred and forty-five square metres, plus one hundred and two square metres for each dwelling unit in excess of four.

9(4)Where a lot is not serviced by a sewer system for public use, the lot

(a) shall have and contain

(i) a width of at least fifty-four metres,

(ii) a depth of at least thirty-eight metres, and

(iii) an area of at least four thousand square metres; and

(b) shall not be used as the location for a two family dwelling, three family dwelling or multiple dwelling.

9(4.1)Notwithstanding subsection (4), where a lot is to be serviced by a private sewage disposal system and has been approved by the district medical health officer, the lot may be used as the location for

(a) a two family dwelling, where the lot has and contains

(i) a width of at least fifty-nine metres abutting a public street, and

(ii) an area of at least five thousand three hundred and fifty square metres;

(b) a three family dwelling, where the lot has and contains

(i) a width of at least sixty-three metres abutting a public street, and

(ii) an area of at least six thousand seven hundred square metres;

(c) a four family dwelling, where the lot has and contains

(i) a width of at least sixty-eight metres abutting a public street, and

(ii) an area of at least eight thousand fifty square metres; or

(d) a senior citizens’ home, where the lot

(i) abuts a public street, and

(ii) is located in an unincorporated area.

9(5)Where a dwelling mentioned in paragraph (2)(b), (c) or (d) is located on a lot meeting the requirements thereof, respectively, those requirements do not apply to a lot resulting from the subdividing of the original lot along a party wall of the dwelling.

84-198

SIZE OF DWELLINGS AND
DWELLING UNITS

10(1)No dwelling may be placed, erected or altered so that it has a ground floor area less than forty-five square metres.

10(2)No dwelling unit may have a floor area less than

(a) thirty-two square metres, in the case of a dwelling unit in a multiple dwelling containing a combination living room and bedroom with no separate bedroom, commonly known as a bachelor apartment,

(b) forty-five square metres, in the case of a dwelling unit in a multiple dwelling containing one bedroom, or

(c) forty-five square metres, in the case of a dwelling unit other than one mentioned in paragraph (a) or (b).

10(3)For the purposes of this section, ground floor area or floor area does not include garages, carports, porches, verandas, breezeways, approach halls or, except for those completely contained in a dwelling unit, stairways.

11(1)For the purposes of this section, “mobile home”, “mobile home park” and “space” have the same meaning as provided therefor in the Municipalities Act.

11(2)Except for mobile homes placed or located in a mobile home park containing at least ten spaces of at least three hundred and sixty-three square metres each, and subject to subsection (3), no more than one dwelling may be placed or erected on a lot unless such dwellings are so located that they would be in conformity with the provisions of this Regulation if the lot was divided into separate lots, each abutting a publicly-owned street and containing one dwelling.

11(3)Subject to the approval of the district medical health officer, an occupant of a lot used for a one family dwelling which has an area of at least four thousand square metres and a width of at least fifty-four metres abutting a public road and who has been issued a temporary residence permit under subsection (4) may temporarily place or erect a mobile home on that lot for the sole and exclusive use as a residence by

(a) a parent, grandparent, son or daughter of the occupant or of the spouse of the occupant of the one family dwelling, and

(b) the spouse and any dependent of the parent, grandparent, son or daughter.

11(4)The building inspector having jurisdiction in the area where the land involved is located may issue a temporary residence permit to any occupant referred to in subsection (3) who applies in a form prescribed by the Director.

11(5)The building inspector may renew a temporary residence permit issued pursuant to subsection (4) upon application in a form prescribed by the Director.

11(6)A temporary residence permit issued pursuant to subsection (4) or renewed pursuant to subsection (5) shall be valid until the first day of August of the year next following the date of issue or renewal.

11(7)A temporary residence permit issued pursuant to subsection (4) or renewed pursuant to subsection (5) shall be subject to the following conditions:

(a) no person other than

(i) the parent, grandparent, son or daughter of the occupant or of the spouse of the occupant of the one family dwelling, and

(ii) the spouse and any dependent of the parent, grandparent, son or daughter

shall reside in the mobile home; and

(b) upon the death of

(i) the parent, grandparent, son or daughter of the occupant or of the spouse of the occupant of the one family dwelling, and

(ii) the spouse and any dependent of the parent, grandparent, son or daughter,

or upon the failure to renew a temporary residence permit for any reason, the mobile home shall be removed immediately from the lot.

LOCATION OF BUILDINGS AND
STRUCTURES ON A LOT

12Subject to New Brunswick Regulation 84-292, no building or structure may be placed, erected or altered so that it is closer to a lot boundary than

(a) one metre, in the case of a lot serviced by both a water system for public use and a sewer system for public use,

(b) one and one-half metres, in the case of a lot serviced by either of the systems mentioned in paragraph (a), but not both, or

(c) three metres, in the case of a lot not serviced by either of the systems mentioned in paragraph (a).

2005-35

LOT OCCUPANCY

13No one or two family dwelling may occupy more than thirty-five per cent of the area of the lot on which it is located.

SEWAGE DISPOSAL

14Sewage shall be discharged into a sewer system for public use approved by the Department of Environment and Local Government and the Department of Health or a private system approved by the Department of Health.

2000, c.26, s.49; 2006, c.16, s.39; 2012, c.39, s.47

PARKING STANDARDS

15(1)Off-street vehicular parking spaces, not less than eighteen square metres in area and with adequate access, shall be provided as follows:

	(a)for a business or professional office, medical or dental clinic,		one space for every thirty-six square metres of gross floor area;

	(b)for a church, club, lodge or place of public assembly,		one space for every eight persons normal attendance;

	(c)for a dwelling,		one space for each dwelling unit, plus one additional space for every four dwelling units;

	(d)for a factory,		one space for every thirty-six square metres of floor space used for industry except storage;

	(e)for a hotel,		one space for every two bedrooms;

	(f)for a motel,		one space for every habitable unit;

	(g)for a public or private school,		one space for every classroom;

	(h)for a residential building, other than a hotel, motel or apartment building,		one space for every habitable unit;

	(i)for a restaurant,		one space for every eighteen square metres of public floor area;

	(j)for a retail store,		one space for every eighteen square metres of floor area used for selling;

	(k)for a service or repair shop,		one space for every twenty-seven square metres of floor area used for providing services;

	(l)for a shopping centre,		three times the ground floor of the building;

	(m)for a theatre, billiard or pool room, dance hall or bowling alley,		one space for every eight persons normal attendance;

	(n)for an undertaking establishment,		one space for every eight seats with a minimum of four spaces; and

	(o)warehouse, storage yard or transportation yard,		one space for every thirty-six square metres of storage space.

15(2)Except for parking spaces for motel patrons, no parking space is permitted nearer than two metres from a wall containing windows to habitable rooms.

LOADING STANDARDS

16Off-street spaces not less than nine metres long, three and one-half metres wide and four metres high, with access thereto, shall be provided for loading for every building or structure used for any purpose involving the use of vehicles for the receipt or distribution of materials, in the following numbers:

		Number
Total Floor Area		of Spaces

Up to and including one thousand seven hundred and twenty-seven square metres		1

Over one thousand seven hundred and twenty-seven square metres and up to and including four thousand five hundred and forty-five square metres		2

For each additional four thousand five hundred and forty-five square metres or major portion thereof		1

ENCLOSURES FOR SWIMMING POOLS

16.1(1)No land shall be used for the purpose of a swimming pool unless the pool is enclosed by a fence or by a wall of a building or structure, or by a combination of walls and fences, at least one and six-tenths metres in height and meeting the requirements of this section.

16.1(2)Where a portion of a wall of a building forms part of an enclosure mentioned in subsection (1),

(a) no main or service entrance to the building shall be located therein; and

(b) any door therein, other than a door to a dwelling or dwelling unit, shall be self-closing and equipped with a self-latching device at least one and six-tenths metres above the bottom of the door.

16.1(3)An enclosure mentioned in subsection (1) shall not have rails, bracing or other attachments on the outside thereof that would facilitate climbing.

16.1(4)A fence mentioned in subsection (1)

(a) shall be made of chain link construction, with galvanized, vinyl or other CSA-approved coating, or of wood or of other materials, in the manner prescribed by subsection (5);

(b) shall not be electrified or incorporate barbed wire or other dangerous material; and

(c) shall be located at least

(i) one and one-quarter metres from the edge of the swimming pool, and

(ii) one and one-quarter metres from any condition that would facilitate its being climbed from the outside.

16.1(5)A fence under this section shall be designed and constructed

(a) in the case of a fence made of chain links, with

(i) no greater than four centimetre diamond mesh,

(ii) steel wire not less than No. 12 gauge, or a minimum No. 14 gauge CSA-approved coating forming a total thickness equivalent to No. 12 gauge wire, and

(iii) at least four centimetre diameter steel posts, set below frost in an envelope of cement and spaced not more than three metres apart, with a top horizontal rail of at least four centimetre diameter steel;

(b) in the case of a fence made of wood, with

(i) vertical boarding, not less than two and one-half centimetres by ten centimetres nominal dimensions spaced not more than four centimetres apart, attached to supporting members and arranged in such manner as not to facilitate climbing on the outside, and

(ii) supporting cedar posts at least twenty centimetres square or round with ten centimetre diameters, set below frost and spaced not more than two and one-half metres apart, with the portion below grade treated with a wood preservative, and with a top horizontal rail with dimensions of at least a width of five centimetres and a height of fifteen centimetres; and

(c) in the case of a fence constructed with materials and in a manner other than described in this subsection, in a manner that will ensure rigidity equal to the design and construction prescribed by this subsection.

16.1(6)Gates forming part of an enclosure mentioned in subsection (1)

(a) shall be equivalent to the fence in content, manner of construction and height;

(b) shall be supported on substantial hinges; and

(c) shall be self-closing and equipped with a self-latching device at least one and six-tenths metres above the bottom of the gate.

85-60

RESPONSIBILITY OF PERMIT HOLDER

17Repealed: 2002-49

2002-49

DOCUMENTS ON THE SITE

18Repealed: 2002-49

2002-49

TESTS