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Statutes of Newfoundland 1992


CHAPTER 43

CHAPTER 43

AN ACT TO AMEND THE BUILDINGS
ACCESSIBILITY ACT

(Assented to December 23, 1992)

Analysis

1. S.3(b) Amdt.
Purpose of Act

2. S.6 Amdt.
Prohibition

3. S.14(1)(a) R&S
Order of inspector

4. S.24(2) R&S
Powers

5. S.33 Amdt.
Offences

6. S. 35 Added
Limitation period

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


RSN 1990 cB-10

1. Paragraph 3(b) of the Buildings Accessibility Act is repealed and the following substituted:

(b) in the case of apartment-type buildings, the entrances, including the entrance to each individual residential unit, parking, walkways and other common facilities, not including facilities contained within the individual residential units, to be available to and accessible by physically disabled persons;

2. Subsection 6(2) of the Act is repealed and the following substituted:

(2) A permit, licence or other authorization for the construction of a building shall not be issued unless the design of that building has been registered with the department.

(3) A permit to occupy a building shall not be issued until an inspector makes a final inspection and states in writing that he or she is satisfied that the building complies with the requirements of this Act and the regulations.

3. Paragraph 14(1)(a) of the Act is repealed and the following substituted:

(a) order in writing the change to be made to the building or part of it within a specified period so that there will be compliance with this Act and the regulations; and

4. Subsection 24(2) of the Act is repealed and the following substituted:

(2) The tribunal shall, after it has heard an appeal, confirm, revoke or vary the action taken by the director under section 17, and may specify a period of time by which action must be taken.

5. (1) Subsection 33(2) of the Act is amended by adding immediately after the words and figures "not more than $1,000" the words "and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by the Act and regulations within a specified time".

(2) Subsection 33(3) of the Act is amended by adding immediately after the words and figures "not more than $5,000" the words "and as well shall be ordered to have the building which is the subject-matter of the action comply with the requirements prescribed by the Act and regulations within a specified time".

(3) Subsection 33(4) of the Act is repealed and the following substituted:

(4) A natural person or corporation that is guilty of an offence is liable on summary conviction to a fine, in addition to a fine imposed under subsection (2) or (3), of not less than $100 and not greater than $1,000 a day for every day beyond the time specified for correction of the offence during which the offence continues.

6. The Act is amended by adding immediately after section 34 the following:

Limitation from period

35. Notwithstanding section 8 of the Summary Proceedings Act, an information or complaint under section 33 shall be laid or made within 2 years from the date that the alleged offence is brought to the attention of the director.

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