BY-LAW TO REGULATE THE CONSTRUCTION, ALTERA TION, REPAIR, REMOVAL AND INSPECTION OF BUILDINGS IN THE CITY OF MONTREAL, AND TO PREVENT ACCIDENTS BY FIRE. THIS BY-LAW SHALL BE KNOWN AND REFERRED TO AND CITED, AS "THE MONTREAL BUILDING BY-LAW OF 1901." (PASSED 4TH FEBRUARY, 1902. No. 260.) AS AMENDED BY BY-LAW NO. 306, PASSED 14 DECEMBER 1903, AND BY-LAW NO. 337, PASSED 2 OCTOBER, 1905. DEPARTMENT OF THE INSPECTOR OF BUILDINGS. Section 1. There shall be in the City of Montreal a Department, to be called the Department for the Inspection of Buildings, which shall be charged with the enforcement of the provisions of this by-law, as hereby providing for the survey and inspection of buildings and the protection of the same against fire or accident. The said Department shall have its office in the City Hall, and shall be maintained at the expense of the city. RECORDS OPEN TO THE PUBLIC INSPECTION. Section 2. The records of the Department shall be open to City officials, and all parties whose property may be affected by the matters to which they relate. STAFF OF THE BUILDING INSPECTOR'S DEPARTMΕΝΤ. Section 3. The staff of the said Department shall consist of a Chief, to be known as the Inspector of Buildings, as many Assistant Inspectors as may be found to be necessary, appointed by the City Council, and of such other subordinates as may be appointed by the Fire and Light Committee. INSPECTOR: MUST BE AN ARCHITECT. Section 4-The Inspector of Buildings shall be an architect of at least ten (10) years practice. The Assistant Inspectors shall be men of experience, and experts in building construction, in its several branches. INSPECTORS NOT ΤΟ ENGAGE IN ANY BUSINESS. Section 5.-Neither the Inspector nor Assistant Inspector shall be employed or engaged in any other business, or be interested in any work for buildings, or for furnishing of materials. INSPECTOR'S ASSISTANT TO ACT IN HIS ABSENCE Section 6.-In case of the temporary absence or disability of the Inspector, he may appoint one of the Assistant Inspectors as his deputy, who shall, during his absence or disability, exercise all the powers of the Inspect Inspector, the whole subject to the approval of the Fire and Light Committee. INSPECTOR CAN DISMISS HIS ASSISTANTS, FOR NEGLECT. Section 7.-The Assistant Inspectors, for any neglect of duty may be suspended by the Inspector, and the suspension and the cause of same shall be at once reported to the Fire and Light Committee, who shall take action on the same as they may deem fit. INSPECTOR'S DUTIES. Section 8. It shall be the duty of the Inspector, as chief of his department, to issue permits for the erection, enlarging, or alteration of buil buildings, in accordance with the provisions of this by-law; keep a record of the same, with a description of the construction, heating apparatus, electric apparatus, elevators, and all matters relating to the construction or alterations of buildings in the City. EXAMINE PLANS, SPECIFICATIONS, AND ISSUE PERMITS. (a) It shall be the duty of the Inspector, on receipt of an application for a permit, accompanied by the plans and specifications for the proposed buildings, or alteration, to carefully examine the same, and ascertain if the supports, beams, and construction of the proposed building, are properly shown in said plans and described in the said specifications, and that they ey are in accordance with the provisions of this by-law. If the Inspeсtor is satisfied that they conform to this by-law, he shall, within a period of eight (8) days from the date of application, return said plans and specifications and issue a permit as hereafter provided for. If they do not conform to this by-law, he shall refuse to issue such permit. REPORTS TO CITY SURVEYOR, WATER WORKS AND CITY TREASURER. (b) It shall also be the duty of the Inspector, upon issuance of a permit, to transmit to the City Surveyor the requisite notices for lines, levels, drains and for the use of streets or squares for building material; he shall also notify the Superintendent shall further transmit to the City Treasurer's office, a statement of all fees and water rates to be paid. INSPECTORS RIGHT ΤΟ ΕΝΤER ANY BUILDING AT ANY ΤΙΜΕ. Section 9. The Inspector or his Assistants shall examine all buildings in course of erection or alteration, as often as practicable, and in case of violation of the provisions of this by-law, they are to report the name of the owner, architect, builder, or master mechanic concerned in the building where such violaitons have occurred, and all other matters relative thereto, to the Clerk of the Recorder's Court, that proceedings may be taken against the party or parties concerned, according to law, and it shall be the duty of the Clerk of the Recorder's Court, on the request of the Inspector, to prosecute all parties infringing this by-law. INSPECTION OF BUILDINGS WHILE UNDER ALTERATIONS OR CONSTRUCTION Section 10. The Inspector or his Assistants shall have the right to enter any building in course of construction, alteration, or enlargement, or any building which has been reported to him as in a defective or dangerous condition, or which he has reason to believe is in a dangerous of defective condition in regard to its construction. INSPECTION OF BUILDINGS DAMAGED BY FIRE OR Section 11. The Inspector or his Assistants shall have the right to enter any building damaged by fire or through accident and to examine the same with a view to ascertain the cause of the accident, and the condition in which the fire or accident has left the building, and shall make and keep an official record of the same. COMBUSTIBLES STORED IN BUILDINGS. They shall also have the right to examine buildings or premises, with a view to ensure the safe storage of combustibles, as hereafter prescribed in this by-law and to report on the same POWERS OF THE INSPECTOR. Section 12.-The Inspector shall have full power to pass upon any question arising under the provisions of this by-law, relating to the manner of the construction, or materials to be used in the erection, alteration, or repair of any building, or respecting the steps necessary to be taken to ensure the safety of any building that has been reported, or is known by the Inspector to be in a dangerous or defective condition, in regard to its construction. DANGEROUS BUILDINGS, INSPECTOR'S AUTHORITY. Section 13.-The Inspector shall have authority, if he finds any building or part thereof, or any staging, or other structure connected with a building, or any other structure, in such a condition as to endanger life or limb, and whereby the immediate adoption of precautionary measures, or by the demolition of the dangerous portion of said building, staging or structure, such danger may be averted, to cause such precautions to be taken, or demolitions to be made, or to cause such work to be done as may be necessary to render such building or part thereof, or staging or structure safe, after having given notice, in writing, to the owner, lessee,, occupant, or agent of said building, and the Inspectors shall have the right, upon refusal or default on the part of the owner, lessee, occupant or agent to comply with said notice, to enter such building or premises, with such assistance as he may require, and have the said building or structure secured or taken down, and the public protected, at the expense of the owner, or other party interested, and the costs incurred by the Inspector in the performance of such work shall be paid for out of an appropriation to be voted by the City Council to the Fire and Light Department, at the beginning of each fiscal year, and any portion of said appropriation expended by the Inspector in the execution of such work, shall be accounted for by him from time to time as may be determined by the Fire and Light Committee, to be recovered with costs from the owner or owners, or other party interested, in any Court having jurisdiction in the matter. Should such work as hereinbefore mentioned be urgent, and in the opinion of the Inspector require to be done without the delay necessary in notifying the owner, or other party interested, he shall have the right to have the work done and to recover the cost of the same as hereinbefore provided. ALTERATION OF PLANS, OR SPECIFICATIONS, NOT Section 14.-When the Inspector is satisfied that any building or structure, or portion thereof, is being erected, constructed or altered, or has been erected, constructed or altered, in violation of, or not in compliance with the provisions of this bylaw, or in violation of the statement, plans, and specifications submitted to and approved by the Inspector, or of any permit issued by him, or that any order or direction made thereunder has not been complied with, he shall give the owner, or owners a notice, in writing, to remove such violation immediately. In default of compliance with such notice, to the satisfaction of the Inspector, he may in his discretion institute an action or proceeding at law against the owner or owners before any Court having jurisdiction therein, to restrain, correct or remove such violation, or to prevent the occupation or use of any building or structure erected, constructed, or altered, in violation of the provisions of this by-law. PERMITS FOR THE ERECTION AND REPAIR OF Section 15.-No building shall after the passing of this by-law be erected, or altered, and no work affecting the strength, or fire risk of any building, or part thereof shall be done without a permit from the Inspector, nor except in conformity with the provisions of this by-law. PERMITS FOR THE USE OF THE STREETS. (a) Permits for use of street shall be obtained and paid for as provided in Section 19; but in no case shall more than one-third (13) of the street be so occupied, and such occupation shall only be for deposit of materials required for the building. WIDTH OF STREETS IN WHICH TO PLACE BUILDING MATERIAL. (b) In no case shall the permit to deposit materials on the street, exceed one third (13) of the street, between the curb stone and curb stone. Where the street car rails are laid on any streets such materials shall not be laid within eighteen (18) inches of the nearest rail. FOOT PATHS TO BE UNOBSTRUCTED. (c) In front of any building erected on the line of the street, the footpath shall be at all times clear of any obstruction, in cases where footpaths shall require to be raised above its actual level, said footpaths shall be strongly built so as to carry a minimum load of one hundred and fifty (150)) lbs. to the square foot, and proper steps and railings to give access to and from it. |