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OFFICE CONSOLIDATION
BYLAW NUMBER 39M2018
BEING A BYLAW OF THE CITY OF CALGARY
RESPECTING PERMITS ISSUED PURSUANT
TO THE SAFETY CODES ACT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Amended by 72M2021, 45M2023)
WHEREAS The City of Calgary has been designated as an accredited municipality by
the Safety Codes Council of Alberta to administer and enforce the Safety Codes Act, R.S.A.
2000, c. S-1 (the "Act"), and the Codes established pursuant to the Act;
AND WHEREAS The City issues permits pursuant to the Act and the Permit Regulation,
AR 204/2007;
AND WHEREAS pursuant to section 66(3) of the Act, The City may make bylaws (a)
respecting fees for anything issued pursuant to the Act; and (b) respecting the carrying out of its
powers and duties as an accredited municipality;
AND WHEREAS Council has considered PUD2018-1009 and deems it necessary to
enact a bylaw respecting permits issued pursuant to the Act;
SHORT TITLE
1.
This Bylaw may be cited as the "Safety Codes Permit Bylaw".
DEFINITIONS
2.
(1)
In this Bylaw:
(a)
"Act" means the Safety Codes Act, R.S.A. 2000, c. S-1;
(b)
"applicant" means:
(i)
the owner of a building or property, or
(ii)
the authorized representative of the owner,
who applies for a permit for that building or property;
(c)
"Building Code" means the Alberta Building Code 2014 as declared in
force by the Building Code Regulation AR 31/2015;
(d)
"building permit" means a permit in the building discipline issued pursuant
to this Bylaw;
BYLAW NUMBER 39M2018
Page 2 of 8
(e)
"building permit placard" is an identification card issued to notify the
owner and the public that a building permit has been approved and
issued for a building;
(e.1)
"Chief Administrative Officer" means the Chief Administrative Officer of
The City of Calgary or the employee of The City of Calgary who has been
delegated the authority to exercise the powers, duties, and functions of
the Chief Administrative Officer under this Bylaw;
(72M2021, 2022 January 01)
(45M2023, 2023 October 17)
(f)
"Codes" means the Building Code, the Electrical Code, the Gas Code and
the Plumbing Code;
(g)
"Electrical Code" means any code, standard or body of rules declared in
force pursuant to the Electrical Code Regulation AR 209/2006;
(h)
"electrical permit" means a permit in the electrical discipline issued
pursuant to this Bylaw;
(i)
"electrical system" means an assembly or any part of an assembly of
electrical equipment or components used or intended to be used for the
generation, transmission, distribution, control or utilization of electric
energy;
(j)
"Gas Code" means any code, standard or body of rules declared in force
pursuant to the Gas Code Regulation AR 111/2010;
(k)
"gas permit" means a permit in the gas discipline issued pursuant to this
Bylaw;
(l)
"gas system" means any equipment or installation used or intended to be
used in or in conjunction with the processing, transmission, storage,
distribution, supply or use of gas;
(l.1)
"General Manager, Planning & Development Services" means the Chief
Administrative Officer;
(72M2021, 2022 January 01)
(45M2023, 2023 October 17)
(m)
"mechanical permit" means a permit issued for the installation of a
mechanical system pursuant to this Bylaw;
(n)
"mechanical system" means any equipment of installation used or
intended to be used in conjunction with a:
(i)
heating, ventilation or air conditioning system;
(ii)
automatic fire extinguishing system;
(iii)
geoexchange system; or
BYLAW NUMBER 39M2018
Page 3 of 8
(iv)
solar air system;
(o)
"occupancy permit" means a permit issued with respect to the use or
occupancy of a building pursuant to section 11 of this Bylaw;
(p)
"officer" means a safety codes officer appointed pursuant to section 31 of
the Act who is employed by The City of Calgary;
(q)
"permit" means a building permit, electrical permit, gas permit,
mechanical permit, occupancy permit or plumbing permit;
(r)
"permit issuer" means:
(i)
an officer, or
(ii)
a person authorized to issue a permit pursuant to section 44 of the
Act who is employed by The City of Calgary;
(s)
"Plumbing Code" means the National Plumbing Code of Canada 2010, as
declared in force pursuant to the Plumbing Code Regulation AR
119/2007;
(t)
"plumbing permit" means a permit in the plumbing discipline issued
pursuant to this Bylaw;
(u)
"plumbing system" means the whole or any part of a drainage system, a
venting system or a water system;
(v)
"Regulation" means the Permit Regulation AR 204/2007;
(w)
"site" means the physical location of the work that is the subject of the
permit.
(2)
All definitions contained in the Act, the Regulation and the Codes apply to this
Bylaw.
(3)
Headings or sub-headings are inserted for ease of reference and guidance
purposes only and do not form part of this Bylaw.
(4)
Where this Bylaw cites or refers to any act, regulation, code or other bylaw, the
citation or reference is to the act, regulation, code or other bylaw as amended,
whether amended before or after the commencement of this Bylaw, and includes
reference to any act, regulation, code or other bylaw that may be substituted in
its place.
(5)
Each provision of this Bylaw is independent of all other provisions and if any
provision is declared invalid for any reason by a Court of competent jurisdiction,
all other provisions of this Bylaw remain valid and enforceable.
BYLAW NUMBER 39M2018
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(6)
Nothing in this Bylaw relieves a person from complying with any provision of any
federal, provincial or municipal law or regulation or any requirement of any lawful
permit, order or licence.
(7)
The issuance of a permit pursuant to this Bylaw or the review of plans, drawings
and specifications shall not be construed to be permission for, or an approval of,
a contravention of any provision of any other act, regulation or bylaw.
SCOPE
3.
This Bylaw applies to the issuance of and fees charged for permits for:
(a)
the construction or demolition of any building, including the installation of
mechanical systems;
(b)
the installation of electrical systems;
(c)
the installation of gas systems;
(d)
the installation of plumbing systems, including private sewage disposal systems;
and
(e)
the occupancy of buildings;
within the City of Calgary.
FEES
4.
(1)
The General Manager, Planning & Development Services, may set fees in
relation to permits and their administration, including fees for:
(a)
the issuance of permits;
(b)
review of plans;
(c)
inspections relating to permits;
(d)
extensions of permits; and
(e)
reinstatement of permits.
(72M2021, 2022 January 01)
(2)
The General Manager, Planning & Development Services, may establish:
(a)
a method to be used by a permit issuer to determine the value of a
proposed undertaking for the purposes of calculating the permit fee; and
(b)
a process for determining the amount of a permit fee that may be
refunded if a permit holder has cancelled a permit.
(72M2021, 2022 January 01)
BYLAW NUMBER 39M2018
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PERMIT APPLICATIONS
5.
(1)
An applicant applying for a permit must provide:
(a)
an application in a form approved by the permit issuer;
(b)
plans and specifications as required by the permit issuer;
(c)
an estimate of the value of the proposed undertaking;
(d)
the permit fee as set pursuant to subsection 4(1); and
(e)
any additional information required by the permit issuer.
(2)
Where plans are required to be submitted pursuant to subsection (1)(b), the
permit issuer may charge an additional fee for plan review as set pursuant to
subsection 4(1).
PERMIT ISSUANCE
6.
(1)
If a permit issuer is satisfied that the work described in an application for a permit
and the plans filed are to the best of the permit issuer's knowledge in accordance
with the provisions of the Act and the Codes and the required fees as set
pursuant to subsection 4(1) have been paid, a permit will be issued to the
applicant, with or without conditions, together with a building permit placard if
required.
(2)
The building permit placard, if required, shall be posted at the site at all times in
plain view of the public.
ADDITIONAL PLAN REVIEW
7.
If the permit issuer determines that additional plan review is required, a fee as set
pursuant to subsection 4(1) may be charged.
EXTENSIONS
8.
(1)
A permit issuer may, in writing, extend a permit up to two times if:
(a)
the term of each extension of the permit does not exceed 180 days, and
(b)
the permit has not been revoked or has not expired
(2)
All applications for extension of a permit must be in writing and must be
accompanied by the fee for extension as set pursuant to subsection 4(1).
REINSTATEMENT
9.
A permit which has expired may be reinstated by a permit issuer at the written request of
the holder of the expired permit within 30 days of expiry if:
BYLAW NUMBER 39M2018
Page 6 of 8
(a)
there have been no changes to the documents submitted with the original permit
application; and
(b)
a reinstatement fee as set pursuant to subsection 4(1) is paid.
REFUNDS
10.
(1)
A permit holder may cancel and surrender the permit to The City of Calgary and
may make an application in writing for a refund of the permit fee.
(2)
The permit issuer may authorize a refund of a permit fee in accordance with the
process established pursuant to subsection 4(2).
(3)
No refund will be made if:
(a)
if the work authorized by the permit has commenced;
(b)
an extension of the permit has been granted, or
(c)
the permit has expired.
(4)
Despite subsection 10(3), when a written request is received for a refund of a
permit for which work has commenced, a permit for which an extension has been
granted, or for a permit which has expired, the permit issuer may take into
consideration extenuating circumstances in order to authorize a refund of the
permit fee.
(5)
For the purposes of subsection 10(4), extenuating circumstances include
unusually adverse weather or broad labour or materials supply issues.
OCCUPANCY PERMIT AND PERMISSION TO OCCUPY
11.
(1)
An officer may issue permission to occupy or an occupancy permit for all or part
of a building, if, in the opinion of the officer, the building or part of the building
does not contravene the provisions of the Act, the Codes, or any other applicable
act, regulation or bylaw.
(2)
A building that is regulated by the Act, must not be used or occupied unless
permission to occupy or an occupancy permit has been issued for the building.
(3)
A building which has been closed due to unsafe conditions pursuant to
subsection 48(2) of the Act must not be used or occupied unless permission to
occupy or an occupancy permit has been issued for the building.
(4)
An officer may impose terms and conditions on an occupancy permit.
EMERGENCIES
BYLAW NUMBER 39M2018
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12.
Emergency work may proceed after hours without first obtaining a permit, in which case
the permit application must be made on the first business day following commencement
of the emergency work.
CONSEQUENTIAL AMENDMENTS
13.
In Bylaw 32M2004, The Lot Grading Bylaw:
(a)
in subsection 2(k),the words "Bylaw 64M94, The Calgary Building Permit Bylaw"
are deleted and replaced with "Bylaw 39M2018, the Safety Codes Permit Bylaw";
and
(b)
subsection 2(n) is deleted and replaced with the following:
"(n)
"Permission to Occupy" means written permission to occupy a building
issued pursuant to Bylaw 39M2018, the Safety Codes Permit Bylaw, with
respect to the use or occupancy of a building;".
REPEAL
14.
(1)
The following bylaws are hereby repealed:
(a)
The Safety Codes Permit Fee Bylaw 63M94;
(b)
the Calgary Building Permit Bylaw 64M94; and
(c)
the Electrical Permit Bylaw 46M2014.
(2)
Despite subsection (1):
(a)
any permit issued pursuant to a bylaw listed in subsection (1) prior to the
time this Bylaw came into force remains valid subject to the terms and
conditions under which such permit was issued; and
(b)
any fee set by a bylaw listed in subsection (1) in relation to permits
remains in effect until and including December 31, 2018.
COMING INTO FORCE
15.
This Bylaw comes into force on the day it is passed.
READ A FIRST TIME THIS 24TH DAY OF SEPTEMBER, 2018.
READ A SECOND TIME THIS 24TH DAY OF SEPTEMBER, 2018.
READ A THIRD TIME THIS 24TH DAY OF SEPTEMBER, 2018.
(Sgd.) N. Nenshi
MAYOR
BYLAW NUMBER 39M2018
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(Sgd.) J. Dubetz
ACTING CITY CLERK