Division C
Administrative Provisions
Part 1 — General
Section 1.3.
Interpretation, Intent and Prohibitions
1.3.1. General Interpretation
1.3.1.1. Interpretation
1) This By-law shall, despite any other provision herein, be interpreted in accordance
with this Section.
2) The Schedules attached to this Part 1 form part of this By-law.
1.3.2. General Intent
1.3.2.1. Intent
1) This By-Law sets standards in the general public interest. It is enacted and retained
on the understanding and specifically expressed condition that it creates no duty
whatsoever on the City, the Chief Building Official or any employee of the City to enforce its provisions, and on the further condition that a failure to administer or enforce its provisions, or the incomplete or inadequate administration or enforcement
of its provisions, shall not give rise to a cause of action in favour of any person
whatsoever. The issuance of any permit, including an occupancy permit, is not a representation, warranty or statement that this By-Law or any other enactment has been complied with, and the issuance thereof in error shall not give rise to a
cause of action. Accordingly, words in this By-law
defining the responsibilities and authority of the Chief Building Official shall be construed as internal administrative directions which do not create a duty.
1.3.2.2. Reliance on Registered and Certified Professionals
1) The City and the Chief Building Official do not have the resources to deal with matters which fall within the expertise of registered professionals and the City and the Chief Building Official rely on letters of assurance, documents sealed with professional seals, and related documents received from registered professionals, and on field reviews carried out by or under the supervision of registered professionals, as evidence that the design and construction of buildings complies with the provisions of this By-law, including alternate solutions, and substantially complies with any other applicable enactments.
2) The City and the Chief Building Official do not have the resources to deal with matters which fall within the expertise of certified professionals and the City and the Chief Building Official rely on letters of assurance, documents stamped with professional stamps, and related documents received from certified professionals, on site reviews carried out by certified professionals, and on field reviews monitored by certified professionals as evidence that the design and construction of buildings complies with the provisions of this By-law, including alternate solutions and substantially complies with any other applicable enactments.
1.3.2.3. No Representation or Warranty
1) No person shall rely on a permit issued by the Chief Building Official or an inspection carried out by the Chief Building Official as establishing compliance with this By-Law or any other enactment or assume or conclude that this By-Law has been administered or enforced according to its terms.
2) All persons shall make such independent investigations as they deem necessary to determine
whether a building complies with this By-law or any other enactment.
1.3.3. General Prohibitions
1.3.3.1. Contravention
1) No person shall fail to comply with an order or notice issued by the Chief Building Official.
1.3.3.2. No Work Without Permit
1) No person shall work or authorize or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done.
1.3.3.3. Deviation Needs Prior Approval
1) No person shall deviate from the plans and supporting documents forming part of the
permit, without having first paid all necessary fees and obtained all necessary permits and approvals from the Chief Building Official.
1.3.3.4. No Occupancy Without Permission
1) No person shall occupy a building or authorize or allow the occupancy of a building without having first obtained the permission of the Chief Building Official.
1.3.3.5. Unsafe Conditions
1) No person who is an owner or who is involved in the construction, relocation or occupancy of a building shall cause, allow or maintain any unsafe condition. (See Appendix A.)
1.3.3.6. Work on Public Property
1) No person shall excavate or undertake work on public property, or erect or place any
construction or work or store any materials thereon without approval having first been obtained in writing from the Chief Building Official over such public property. (See Appendix A.)
1.3.3.7. Changes in Ground Elevation and Limiting Distance
1) No person shall change or alter the ground elevations or grading of a building site without first obtaining the necessary permits.
2) No person shall change or alter the limiting distance of an exposing building face without first obtaining the necessary permits (See Appendix A.)
1.3.3.8. Compliance with By-law and Other Enactments
1) No person shall work, or authorize or allow work to proceed, or undertake any building, construction, work or occupancy which is in contravention of this By-law or any other enactment.
1.3.3.9. False Information
1) No person shall submit false or incorrect information to the Chief Building Official.
1.3.3.10. Tampering with a Posted Notice or Order
1) No person, except for the Chief Building Official, shall reverse, alter, deface, cover, remove or in any way tamper with any notice or order which has been posted on or affixed to a building pursuant to this By-law.
