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Copyright © 2001: City of St. John's,
St. John's, Newfoundland, Canada
Important Information
(Includes disclaimer and copyright information and details about the availability of printed and electronic versions of the By-Laws.) |
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Pursuant to the powers vested in it under the City of St. John’s Act, R.S.N. 1990, c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to the regulation of building in the City of St. John’s.
BY-LAW
1. This By-Law may be cited as the “St. John’s Building By-Law”.
2. In this By-Law:
(a) “applicant” shall mean the owner or his/her authorized representative;
(b) “building” shall mean a structure, erection, excavation, alteration or improvement placed on, over, or under land, or attached, anchored, or moored to land and includes mobile structures, vehicles and marine vessels adapted or constructed for residential, commercial, industrial and other similar uses and any part thereof;
(c) “council” shall mean the St. John’s Municipal Council as defined in the City of St. John’s Act;
(d) “fence” shall mean a vertical physical barrier constructed of fencing materials for the purpose of assuring privacy or protection and shall include hedges, shrubs and landscape features which are used for such purposes and shall also include that portion of a retaining wall which projects above the surface of the ground which it supports. The definition shall not include trees;
(e) “inspector” shall mean any person designated by the council to administer and enforce this By-Law;
(f) “owner” shall mean the owner as recorded on the tax roll of the City of St. John’s;
(g) “stop work order” shall mean an order which requires all work governed by this By-Law underway at an identified site to cease until such time as the stop work order is lifted.
SCOPE AND APPLICATION
3. No building shall be constructed, erected or changed, altered, extended, repaired or demolished except in conformity with the requirements of this By-Law.
4. Subject to any express provisions of any statute, by-law or regulation prohibiting the alteration, repair or change of use of any building, any existing building which for any reason whatsoever requires alterations or repairs at any one time equal to or in excess of fifty (50) per centum of the cost of erecting a new building of the same character and dimensions, shall be made to conform to the requirements of this By-Law or shall be demolished.
PERMIT REQUIREMENTS
5. A permit shall be obtained prior to the commencement of any activity regulated pursuant to this By-Law.
6. A building permit is required for all new construction and extensions, additions, structural changes affecting loadbearing members, floor layout changes and relocation of existing buildings.
7. A repair permit is required for all repairs or renovations to existing buildings for which a building permit is not required.
8. A demolition permit is required for the removal, destruction or demolition of any building or part thereof.
9. A site work permit is required for the construction, alteration or repair of fences, retaining walls, driveways, walkways, steps, parking areas or other areas for vehicular traffic and changes or alterations to landscaping.
9.1 Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the City of St. John’s for a by-law or regulatory violation for which he has been convicted shall not be entitled to a permit issued pursuant to this By-Law until such time as all such outstanding fines have been paid and proof of payment, in a form acceptable to the inspector, has been provided to the inspector. (Amended 04/07/2008; #1515)
10. The applicant for a permit shall file with the inspector a completed and signed application form. The application for a permit shall include the location of the project, the property owner, the project engineer/architect, (if applicable), the contractor, a description of the project, the total estimated cost of the project and any other information as may be required by the inspector.
11. Duplicate copies of complete, fully dimensioned plans and specifications outlining the project in clearly legible detail and other such information as may be required by the inspector shall be submitted with the application.
12. When required by the National Building Code of Canada or the inspector, plans and specifications submitted with an application shall bear the authorized seal and signature of a Professional Engineer or Architect registered in the Province of Newfoundland.
13. When required by the inspector, work carried out under the provisions of Section 12 shall be inspected by a Professional Engineer or Architect who shall submit a declaration certifying that the work has been carried out in accordance with approved plans and specifications.
14. The inspector may refer any application to such other agencies, jurisdictions or departments for review and approval as he deems necessary or as required by law prior to granting approval.
15. The inspector may require an applicant for a permit to give notice of the application by letter to any person or persons whose interest may be affected by the proposed work.
16. The application, plans, and supporting documents shall be reviewed by the inspector and if found to be in conformity with this By-Law and all other applicable legislation the inspector may issue a permit for the work proposed upon receipt of the appropriate permit fee.
17. The inspector may, upon granting a permit, impose such conditions as may be necessary to fulfill the requirements of this By-Law. Such conditions or requirements shall be outlined to the applicant in writing prior to, or upon the granting of, the permit.
17.1 Without limiting any conditions or requirements imposed by the Inspector under section 17:
(a) all construction of residential uses shall have front, side and rear of dwelling landscaped in accordance with the Residential Landscape Requirements Policy.
(b) all new construction of dwelling units in residential zones where the building line is a minimum of 4.5 metres shall have a minimum of one (1) tree planted in accordance with the Residential Landscape Requirements Policy.
(c) the owner/applicant shall pay a security in accordance with the Residential Landscape Requirements Policy prior to the issuance of any conditional approvals or building permits, to be known as the “Landscape/Tree Security”. (Amended 2018/04/24; #1609)
18. Council or the inspector may reject any application which does not comply with this By-Law or any other applicable legislation.
19. The inspector, in his discretion, may issue a permit for an approved application for the construction of a portion of a building when plans for that portion have been submitted and approved, before the complete plans for the entire project have been reviewed and approved.
20. The applicant shall, at the request of the inspector, provide a certification as to the total cost of construction, which certification must be signed by the building owner.
INSPECTIONS/PROGRESS OF WORK
21. Requests for inspections made under Section 22 shall be made at least two City of St. John’s working days prior to the day required.
22. Applicants must ensure that the following inspections are requested, carried out and approved by the inspector before the subsequent stage of construction or work is started:
STAGE ONE:
· Setting of grades and setbacks
· Excavation prior to footing placement.
STAGE TWO:
· Foundation and drain tile prior to backfill. (An acceptable location certificate must be provided before requesting this inspection.)
STAGE THREE:
· Framing prior to insulation. (Plumbing and electrical rough-in inspections must be completed and approved prior to requesting this inspection and exterior cladding must be completed.)
· Fireplace and chimney construction prior to insulation.
STAGE FOUR:
· Insulation and vapour barrier prior to installation of drywall.
· Damp-proofing/Polyethylene prior to installation of floor slab.
STAGE FIVE:
· Completion of all construction of the building prior to occupancy. (Building must be ready for occupancy.)
STAGE SIX:
· Completion of site requirements such as grading/landscaping or paving including any development requirements or agreements applicable to the project.
23. A fee of One Hundred Dollars ($100.00) may be imposed upon the applicant, payable prior to the next stage of construction, if the inspector is required to repeat a stage inspection because the previous stage was not completed properly or deficiencies noted were not corrected.
24. During any inspection deficiencies that are noted will be listed by the inspector on a Deficiency Notice and a copy of the Deficiency Notice issued to the applicant.
25. Any and all portions of a building for which a permit has been issued shall be made available for inspection as deemed necessary by the inspector.
26. A copy of the permit issued shall be kept posted in a conspicuous place at the location of the project for the duration of the work.
27. A copy of the approved plans shall be kept at the location of the project, available to the inspector, for the duration of the work.
28. No person shall erase, alter or modify any plans or specifications upon which a permit has been granted by the inspector, unless the inspector has approved such changes.
29. If during the progress of work the applicant wishes to deviate and/or revise the plan filed with the application for a permit in any manner affecting the construction or other essentials of the building, notice of such deviation and/or revision together with new plans and specifications shall first be given in writing to the inspector, whose written approval shall be obtained prior to the deviation and/or revision being implemented.
30. All permits issued by the inspector under the provisions of this By-Law shall expire six (6) months from the date of issue, unless otherwise noted on the permit.
31. The inspector may revoke any permit issued under the provisions of this By-Law for any of the following reasons:
(a) construction activity has ceased for a period of six (6) months;
(b) when, in the opinion of the inspector, the completion of the construction has been unduly delayed;
(c) there has been a violation of this By-Law or any legislation applicable thereto; or
(d) when, in the opinion of the inspector, the continuance of the work becomes dangerous to life or property.
32. Notice of revocation of any permit shall be mailed or delivered to the applicant or posted upon the work site by the inspector. After such notice is received or posted it shall be a violation of this By-Law to proceed with any work for which such permit was issued.
DEMOLITION REQUIREMENTS
33. Prior to obtaining a demolition permit, an applicant shall:
(a) provide written confirmation from the electrical utility that the electrical supply to the building has been disconnected and that adequate safeguards have been taken for the protection of adjacent lines or equipment or that protection is not required;
(b) have the water supply to the building discontinued and provide written verification that it has been discontinued;
(c) provide written confirmation that the building has been treated by a pest control company acceptable to the inspector;
(d) have the site inspected by a qualified professional to identify asbestos, lead, biological or other heavy metal or toxic, flammable or explosive materials that may be handled, disturbed or removed; and
(e) make the results of the aforesaid inspection, including drawings, plans or specifications showing the location of hazardous substances, available to the inspector. (Amended 05/31/2010; #1539)
34. Work carried out under a demolition permit shall include:
(a) removal of all foundations and footings;
(b) removal or containment of any hazardous materials as per Provincial Government requirements;
(c) removal of any fuel tanks, lines and related equipment as per Provincial Government requirements; and
(d) backfilling with suitable material, grading to match existing surrounding grades and providing a suitable ground cover such as sodding or seeding, unless otherwise permitted by the inspector. (Amended 05/31/2010; #1539)
34.1 Where hazardous materials that were not identified in the inspection report required under section 33(d) are discovered during demolition, the owner shall cease all work, or cause all work to cease, until the previously unidentified hazardous materials are contained or removed as per Provincial Government requirements. (Amended 05/31/2010; #1539)
35. Persons who demolish a building which is attached to another building or buildings shall ensure the attached building is made weathertight and structurally sound in the opinion of the inspector.
SITE STANDARDS/SAFETY & CLEANLINESS
36. The applicant shall keep the project site in a reasonably clean condition and shall remove all rubbish and debris, failing which, the City of St. John’s may carry out the requirements of this section and levy all costs against the property.
37. Immediately following the completion of any work under a permit, or the revocation or expiration of any permit, the applicant shall remove from the site where such work is being done all unused building materials, all construction trailers or buildings and all debris and rubbish, and shall restore the site to a clean condition; failing which, the City of St. John’s may carry out the requirements of this section and levy all costs against the
property.
OCCUPANCY
38. No building erected, constructed, changed, altered, extended or repaired shall be occupied in whole or in part until an Occupancy Certificate has been issued by the inspector.
39. (1) The inspector may issue a Conditional Occupancy Certificate provided there are no immediate life safety, accident or health hazards present in the opinion of the inspector.
The inspector may require a builder or vendor of a property to provide the name and address of the purchaser of the property so as to enable the inspector to provide a copy of a Conditional Occupancy Certificate to such purchaser. (Amended 2005/04/18; #1480)
40. If required by the inspector, a deposit shall be paid by the applicant prior to the issuance of a Conditional Occupancy Certificate. The deposit shall reflect the value of the remaining required work as determined by the inspector.
41. Should the work required to be complete pursuant to a Conditional Occupancy Certificate not be carried out in the time prescribed the inspector may use the deposit obtained under Section 40 to have the work completed.
42. The inspector may refuse to issue an Occupancy Certificate if final approvals from other agencies, jurisdictions or departments have not been obtained, if outstanding deficiencies are not corrected or applicable fees have not been paid.
43. No change shall be made in the use or occupancy of any building or any part thereof until a certificate for the proposed occupancy has been issued by the inspector.
44. An applicant for a change of occupancy shall file with the inspector a completed application form detailing the intended use of the property and, if required by the inspector, duplicate copies of complete floor plans.
45. A change of occupancy shall be subject to the requirements of this By-Law and any other applicable legislation.
APPLICABLE CODES
46. The National Building Code of Canada, 2020 edition, and its supplements are hereby declared to be and shall be taken as part and parcel of this By-Law as if the same were repeated herein in full. (Amended 2018/04/24; #1610); (Amended 2023/04/03; #1658)
47. The National Fire Code, 2020 Edition, and its supplements are hereby declared to be and shall be taken as part and parcel of this By-Law as if the same were repeated herein in full. (Amended 2018/04/24; #1610); (Amended 2023/04/03; #1658)
48. The Life Safety Code, 2021 Edition, being Document 101 of the National Fire Code Standards of the National Fire Protection Association (USA) is hereby declared to be and shall be taken as part and parcel of this By-Law as if the same were repeated herein in full. (Amended 2018/04/24; #1610); (Amended 2023/04/03; #1658)
48.1 Notwithstanding sections 46, 47 & 48, day care occupancies will be treated as Class A occupancies. (Amended 2005/10/03; #1483)
48.2 Where the requirements of the Life Safety Code, 2021 conflict with the requirements of the National Building Code of Canada, 2020 then the National Building Code of Canada, 2020 shall prevail. (Amended 2018/04/24; #1610); (Amended 2023/04/03; #1658)
PENALTIES
49. The obligations and duties of the inspector as contained in this By-Law shall be retroactive and where the existence or extent of such obligations and duties conflict with other obligations and duties contained in other legislation then the provisions of this By-Law shall prevail.
50. Failure to comply with the provisions of this By-Law may result in the issuance of a stop work order.
51. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act. (Amended 11/05/2007; #1508)
52. The St. John’s Building Regulations enacted January 4, 1978, together with all amendments thereto, is hereby repealed.
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