Definitions

"Animal Confinement Facilities" means an outdoor non-grazing area where livestock are confined by fences or other structures, and includes a feedlot, paddock, corral, exercise yard, and holding area and hoop structure.

"Authority Having Jurisdiction" means the governmental body responsible for the enforcement of any part of the Code or the official, or agency, designated by that body to exercise a function.

"Agricultural Operation" means an agricultural, horticultural or silvicultural operation that is conducted in order to produce agricultural products on a commercial basis, and includes:

a) the production of crops, including grains, oil seeds, hay and forages, and horticultural crops, including vegetables, fruit, mushrooms, sod, trees, shrubs and greenhouse crops;

b) the use of land for livestock operations and grazing;

c) the production of eggs, milk and honey;

d) the raising of game animals, fur-bearing animals, game birds, bees and fish;

e) the processing necessary to prepare an agricultural product for distribution from the farm gate;

f) the operation of agricultural machinery and equipment, including the tillage of land and the application of fertilizers, manure, soil amendments and pesticides, whether by ground or aerial application;

g) the storage, use or disposal of organic wastes for agricultural purposes.

"Assistant Development Officer" means an employee of the Board who serves under the direction of the Development Officer of the Mid-West Planning District, and when duly designated by the Board is responsible for the administering and enforcing the Building Code and applicable planning district and member municipal by-laws under authority of The Planning Act.

"Board" means the Mid-West Planning District Board.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy.  And, without restricting the generality of the foregoing, includes agricultural, residential, commercial and industrial structures and also may include a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things.

"Building Permit" means a permit authorizing construction and/or renovations, issued by the Mid-West Planning District pursuant to the applicable municipal Zoning by-law and the Manitoba Building Code.

"Code" means the building construction code or standard adopted under the Buildings and Mobile Homes Act, as amended. (All buildings requiring “Building Permits” fall under the classification of either Part 3 or Part 9 of the Manitoba Building Code. (Typically, buildings and structures less than 600 sq. meters in size and classed as Farm Buildings are not regulated by the Manitoba Building Code.)

"Deck" means a structure which is either attached to a building or detached from a building and is higher than one riser (200mm (8 inches) measured above the average ground level on site.

"Demolition Permit" means a permit authorizing the demolition or removal of a building(s) and/or structure(s), including accessory buildings, issued by the Mid-West Planning District pursuant to the Manitoba Building Code. 

"Designated Officer" means an officer of a planning district who is designated to carry out a power or responsibility in accordance with the Planning Act or any other Act where designated, and is hereby named as the Development Officer of the Mid-West Planning District.

"Development Officer" means an employee of the Board, who may also serve as the Chief Building Official for the Mid-West Planning District, responsible for issuing permits, administering and enforcing the Building Code and applicable District and member municipal by-laws under authority of The Planning Act.

"Development Permit" means a permit authorizing development, including construction and/or land use, issued by the Mid-West Planning District pursuant to The Planning Act and the applicable municipal Zoning by-laws.

"Farm Building/Structure" means a building or structure, other than a dwelling, which does not contain a residential occupancy, situated on a farm and used or to be used in the actual farming operation and which is:

(a) associated with and located on land devoted to the practice of farming and considered to be an “Agricultural Operation” and

(b) used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, such as barns, produce storage buildings, milking centres, piggeries, poultry houses, grain bins, silos, machinery sheds, farm workshops, feed preparation centres, manure storages, greenhouses and garages not attached to a farm residence and

(c) has a Low Human Occupancy (as applying to farm buildings) means an occupancy having an occupant load of not more than 1 person per 40 square meters during normal use)

"Home Occupation" means an occupation, trade, profession or craft such as but not limited to a hair salon, bed and breakfast operation, tea room, home day care operator, lawyer or accountant and similar uses which are carried on in or from a dwelling unit or its accessory building for consideration and which is clearly incidental or accessory to the principal use of the property.

"Home Industry" means a small-scale manufacturing, repair or trade activity such as but not limited to a welding shop, plumber, electrician, carpentry or cabinet maker, auto repair mechanic or trucking operation and similar uses which are carried on in or from a dwelling or its accessory building for consideration and which is located on the same site and which is clearly secondary and incidental to the principal use of the property.

"Interim Occupancy Permit" means authorization in writing to occupy any building or part thereof prior to full completion.

"Occupancy Permit" means a permit authorizing the occupancy of a building or portion of a building, issued by the Mid-West Planning District pursuant to the Manitoba Building Code.

"Patio" means a detached structure placed on the ground which has a total elevation not higher than one riser (200mm (8 inches) measured above the average ground level on site.

"Plumbing Permit" means a permit authorizing plumbing installations and repairs, including all rough-ins and hook-ups, issued by Mid-West Planning District pursuant to the Manitoba Plumbing Code and Manitoba Building Code.

"Private Pool" means an artificially constructed basin, lined with concrete, fibreglass, vinyl or like material, that is capable of containing a water depth greater than 60 cm (24 inches) and that is located on the property of a single- family dwelling.

"Temporary Building" means a building placed at a particular location for a period authorized by the authority having jurisdiction. If the building is not removed on or before the end of the authorized period, it is considered to be a new building for the purpose of the Code.

"Project Value" means the total monetary worth of the final project costs, including all construction costs, material costs and labour costs associated with the project. This will include such things as site preparation, foundations, construction, all painting, papering, (interior finishes), exterior finishes, roofing, electrical work, plumbing, permanent or fixed equipment, including any permanent heating, elevator equipment, fire protection or sprinkler equipment, and all labour, materials and other devices entering into and necessary to the prosecution of the work in its completed form

"Zoning Memoranda" means a written letter that identifies whether or not all buildings and structures identified on a site and typically by a legal survey on the property in question, conforms to the siting requirements in the applicable Zoning By-law, and if applicable, reasons for non-conformance.

"Zoning Conformation Request" means to verify, in writing, the land use designation as per the Development Plan, zoning as per the applicable Zoning By-law, on a specific site. (Zoning Confirmations are typically used by financial institutions during due diligence processes, but can be requested by anyone at any time.)