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 Introduction
Town Building Bylaws
Introduction
No one may design, or construct a building, or construct facilities
servicing a building or buildings, anywhere in Canada, without conforming
to certain statutory rules and regulations governing both design
and construction. This also applies to the alteration, repair, moving
or demolition of buildings are also governed by regulations of a
similar nature.
Statutory rules, regulating design and construction have been enacted
by Federal, Provincial, and Municipal legislative authority, predicated
upon the jurisdiction granted by the British North America Act,
and various Federal and Provincial Statutes.
We are concerned, primarily, with Building Codes, and statutory
regulations which are enforced by Municipal or other authority,
which are frequently referred to as codes or building by-laws. These
codes or by-laws, adopted or enacted by a provincial legislature
or municipal corporation, is a set of minimum provisions respecting
the safety of buildings with reference to public health, fire protection
and structural sufficiency. Failure to comply with the requirements
of these codes and by-laws may result in penalties being imposed.
At the municipal level the use of land, and the erection, alteration
or use of buildings may be governed by a Zoning By-Law. The purpose
of this form of by-law is to regulate land use for the benefit of
all property owners within the corporate limits of the municipality
enacting such a by-law.
"It is an accepted principle that the ownership of land is
exclusive but not absolute; each owner may use his property to the
exclusion of all others, but he must use it with due respect to
the limitations imposed by society. In a sense, the group, or community,
has certain rights in each parcel of land ownership, that must be
respected in its utilization."
Urban Land Economics, Chap. 14 - R.U. Ratcliff
Anyone deciding to build a structure of any kind, therefore, must
not only design and construct it according to the design and construction
criteria of applicable building by-laws or codes, but must conform
also to the use and occupancy regulations prescribed in the applicable
Zoning By-Law, where such is in force.
Purpose
As the primary purpose of any building code or by-law is to protect
public health, safety and welfare, to protect workmen engaged in
construction, rather than to safeguard financial interests, trade
union privileges, or traditional building materials and methods,
essentially any worthwhile building code or by-law should:
1. Permit the use of any material or method that complies with
the minimum of accepted performance standards related to the material
or method.
2. Adopt, by reference, other building codes or nationally accepted
performance standards.
3. Provide the right to appeal and obtain legal remedy for any
grievance caused by the requirements of a building code or by-law
or the enforcement of them.
4. Be subjected to periodic review for up-to-date revisions of
it.
Most building codes and building by-laws include all of these elements,
with the exception of specific provision for redress of grievances.
Such remedy can, however, be had by virtue of the provisions of
the various provincial Municipal Acts.
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