Safety Codes Permit Consolidated Bylaw #15.24

Drumheller, Alberta

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DRUMHELLER VALLEY OFFICE CONSOLIDATION of BYLAW #15.24 SAFETY CODES PERMIT BYLAW This Bylaw and its amendments have been consolidated into a single publication for the convenience of users. The official Bylaw and all associated amending Bylaws are available at Town Hall and should be consulted in interpreting and applying this Bylaw. In the case of any dispute the original Bylaw and all associated amending Bylaws shall prevail. For more information, please contact the Manager of Legislative Services. For convenience, the amending Bylaw Number(s) and a brief description have been listed below. Printed by the Legislative Services Department under the authority of the Town of Drumheller. Date of Office Consolidation: April 22, 2025 This page intentionally left blank. AMENDMENTS TO BYLAW #15.24 Bylaw Date Description Bylaw #08.25 April 22, 2025 Addition of a definition for "Construction", and Scope for Private Sewage Disposal Systems. Changes to section 5.2 granting the permit issuer the authority to decide when a permit is required. Changes to Section 17, which change the process and conditions for refunds. Town of Drumheller Bylaw 15.24 Page 4 of 14 TOWN OF DRUMHELLER BYLAW NUMBER 15.24 DEPARTMENT: DEVELOPMENT AND PLANNING SAFETY CODES PERMIT BYLAW A BYLAW OF THE TOWN OF DRUMHELLER IN THE PROVINCE OF ALBERTA, TO REGULA TE THE PROVISIONS OF THE SAFETY CODES ACT FOR THE PURPOSE OF PERMITTING AS AN ACCREDITED MUNICIPALITY WHEREAS, the Town of Drumheller has been designated as an accredited municipality by the Safety Codes Council of Alberta to administer and enforce the Safety Codes Act, RSA 2000, c S-1, and the codes established pursuant to this Act; AND WHEREAS, pursuant to section 66 of the Safety Codes Act, RSA 200, c S-1 an accredited municipality may pass bylaws respecting minimum maintenance standards for buildings and structures, fees for anything issued or any material or service provided, and respecting the carrying out of the power and duties of an accredited municipality; AND WHEREAS, pursuant to section 7 of the Municipal Government Act, RSA 2000, c M-26, a council may pass bylaws for municipal purposes respecting the following matters: the safety, health and welfare of people and the protection of people and property and for any services provided by or on behalf of the municipality; AND WHEREAS, pursuant to subsection 8(b) of the Municipal Government Act, RSA 2000, c M-26, a council may pass bylaws to deal with any development, activity, industry, business or thing in different ways, divide each of them into classes and deal with each class in different ways; AND WHEREAS, pursuant to subsection 8(c) of the Municipal Government Act, RSA 2000, c M-26, a Council may pass bylaws to provide for a system of licences, permits or approvals. NOW THEREFORE, the Council of the Town of Drumheller, duly assembled, enacts as follows: 1. CITATION 1.1 This Bylaw shall be cited as the Town of Drumheller "Safety Codes Permit Bylaw". 2. DEFINITIONS 2.1 For the purposes of this Bylaw, the following definitions shall apply: a) "Acf' means the Safety Codes Act, RSA 2000, c S-1, as amended from time to time and successor legislation; b) "Bylaw" means the Safey Codes Permit Bylaw, b.1) "Construction" includes alteration, installation, repair, relocation, demolition and removal; (BL0B.25) Town of Drumheller Bylaw 15.24 Page 5 of 14 c) "Construction Value" means a total cost of all labour and materials required to build or construct the project for which the permit is requested or issued; d) "Fee Schedule" means the Town of Drumheller Fees, Rates and Charges Bylaw 01.24, as amended from time to time, and its ~uccessor legislation; e) "Master Electrician" means a person who is a holder of a Master Electrician Certificate issued by the Board of Certification; f) "Occupancy' means the use of intended use of a building or any part of a building for the shelter or support of individuals, animals, or property; g) "Owner" means a person who has care and control of an undertaking and includes a lessee, a person in charge, and a person who holds out that the person has the powers and authority of ownership, or who at the time being exercises the power and authority of ownership; h) "Quality Management Plan" means the Quality Management Plan for the Town; i) "Quality Management Plan Manager" means an employee of the Town responsible for the administration of the Quality Management Plan; j) "Permit' means the written authorization from the permit issuer to perform work regulated by this Bylaw, and may include permits for building, gas, electrical, plumbing, and private sewage; k) "Permit Issuer'' means a Safety Codes Officer or a person designated to issue permits pursuant to the Act; I) "'Person" means an individual, partnership, association, corporation, organization, business, cooperative, trustee, executor, administrator, or legal representative; m) "Regulations" means any regulations passed pursuant to the Act, including any codes adopted in such regulations; n) "Safety Codes Officer" means a certified building, electrical, plumbing, gas, or private sewage Safety Codes Officer pursuant to the Act and Regulations who is employed either by the Town or an accredited agency, contracted by the Town, to enforce the Act, o) "Single-Family Dwelling" means a house used or intended to be used by the owner of the building with habitable spaces; p) "Skilled Trades and Apprenticeship Education Act' means the Skilled Trades and Apprenticeship Education Act, SA 2021, c S-7.88, as amended from time to time and successor legislation; q) "Town of Drumheller'' or "Town" means the Town of Drumheller, a municipal corporation in the Province of Alberta, and includes the area contained within the corporate boundaries of the Town, as the context may require; and r) "Undertaking" means the construction of a thing, control or operation of a thing, and process or activity to which the Act applies. Town of Drumheller Bylaw 15.24 Page 6 of 14 3. INTERPRETATION 3.1 Unless otherwise defined herein, the definitions contained in the Act and Regulations shall have a similar meaning in this Bylaw. 3.2 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 license. 3.3 The issuance of permits, or the carrying out of any inspections pursuant to this Bylaw, shall in no way be construed as a warranty by the Town of the fitness or suitability of any plans, designs or construction to meet the owner's purposes. 3.4 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. 3.5 In this Bylaw, words in the singular include the plural and words in the plural include the singular. 4. SCOPE 4. 1 This Bylaw applies to the issuance of permits respecting: a) the construction, demolition, installation, alteration, repair, and removal of a building within the Town; b) occupancy or change in use of any building regulated by the Act within the Town; c) the installation, alteration, or repair of electrical, plumbing, and gas equipment and systems regulated by the Act within the Town; and d) the installation, renew or change of any Private Sewage Disposal System except for the repair or maintenance of such systems. (BLOB.25) 5. PERMITS REQUIRED 5.1 A person shall not start any undertaking for which a permit is required pursuant to the Act, the Regulations, or this Bylaw unless a valid and subsisting permit has been issued and is in effect. 5.2 A building permit is required to carry out work for any excavation, construction, change in occupancy, relocation, alteration, addition, repair, and demolition of any building or structure, at the discretion of the Permit Issuer. (BLOB.25) 5.3 An electrical permit is required to install, alter, or add to an electrical system except for: a) Communication systems; b) Electrical installations to which the CSA Standard CAN/CSA M421-00(R2000) The Use of Electricity in Mines applies; Town of Drumheller Bylaw 15.24 Page 7 of 14 c) Electrical installations related to an elevating device; d) Extra low voltage, Class 2 electrical circuits unless they are for any of the following: i. safety control; ii. locations described as hazardous in the Electrical Code; iii. electro-medical purposes; and iv. lighting; e) The replacement of electrical equipment with units of a similar type if the replacement is made for the purpose of maintaining the system and does not modify the ratings or characteristics of the electrical installation. 5.4 A plumbing or private sewage permit is required to install, renew, or change any plumbing equipment or system except for: a) Repairs or maintenance of a plumbing system or private sewage system; or, b) The replacement of any fixture, water heater, faucet, valve, septic tank, or cistern provided there is no change to the piping system. 5.5 A gas permit is required to install, alter, or make an addition to any gas installation except: a) The replacement of a gas dryer or gas range if there is no design change made to the gas piping and venting system; b) Connection of a residential water heater or residential heating appliance with a similar type; c) Relocation, by a gas utility provider, of a meter from interior to the exterior of a building; or, d) New or replacement of a liquified petroleum tank with a capacity of not more than 300 litres including service line. 5.6 Notwithstanding this Section, if there is imminent serious danger to persons or property because of any thing, process or activity to which the Act applies or because of a fire hazard or risk of an explosion, a person may, without a permit, start an undertaking for which a permit is required pursuant to this Bylaw but that person must apply for a permit as soon as the danger, fire hazard or risk of explosion has been remedied. 6. PERMIT ELIGIBILITY 6.1 A permit issuer may issue a permit in the building discipline to the following: a) A person having the appropriate certificate to carry out the undertaking as required by the Skilled Trades and Apprenticeship Education Act, b) An owner who resides or intends to reside in a single-family dwelling for the installation of building systems in the dwelling; or Town of Drumheller Bylaw 15.24 Page 8 of 14 c) An owner's agent. 6.2 A permit issuer may issue a permit in the electrical discipline to the following: a) A master electrician for any electrical system within the scope of the master electrician's certification; b) A restricted master electrician for any electrical system within the scope of the restricted master electrician's certification; c) A rural wireman for an electrical undertaking in a residence, farm building or similar structure, in an area of Alberta prescribed by an administrator, if the service ampacity does not exceed 100 amperes and 300 volts single phase; d) An owner who resides or intends to reside in a single-family dwelling for the installation of building systems in the dwelling; e) An owner of a farm building served by a single-phase electrical system; f) An owner, operator or designate of a power line construction company or an electrical utility for the construction of an overhead or underground power system governed by the Alberta Electrical Utility Code; and g) A sign installation technician to perform electrical undertakings within the scope of the technician's duties as permitted by the Skilled Trades and Apprenticeship Education Act. 6.3 A permit issuer may issue a permit in the gas discipline to the following: a) A gasfitter as defined in the Skilled Trades and Apprenticeship Education Act; b) An owner who resides or intends to reside in a single-family dwelling if the gas system serves the dwelling; c) An owner of a farm building if the gas system serves the farm building; d) A person who has satisfactorily completed a course of training acceptable to the Administrator for the installation of liquefied petroleum tanks; e) A person who has satisfactorily completed a course of training acceptable to the Administrator for the installation of natural gas secondary lines; or f) A sheet metal worker as definded in the Skilled Trades and Apprenticeship Education Act if the permit is for the replacement of a furnace in a single-family dwelling including, if applicable, the replacement of the gas piping downstream of the shut off valves for the furnace. 6.4 A permit issuer may issue a permit in the plumbing discipline to the following: a) A plumber as defined in the Skilled Trades and Apprenticeship Education Act; b) An owner who resides or intends to reside in a single-family dwelling if the plumbing system serves the dwelling; Town of Drumheller Bylaw 15.24 Page 9 of 14 c) An owner of a farm building if the plumbing system serves the farm building; or, d) A person holding a valid private sewage installer certificate of competency, in respect of a portion of a plumbing system that is: i. located outside the building; or ii. required for the treatment, flow control or pressure delivery of wastewater from a plumbing system that discharges into a municipal sewage collection system. 6.5 A permit issuer may issue a permit in the private sewage discipline to the following: a) A certified private sewage system installer; b) an owner who resides or intends to reside in a single-family dwelling for any private sewage system if the private sewage system serves the dwelling; and c) an owner of a farm building for any private sewage system if the private sewage disposal system serves the farm building. 7. PERMIT APPLICATION 7.1 In addition to to any other requirement, every person applying for a permit pursuant to the Act, the Regulations, or this Bylaw must provide to the permit issuer. a) A completed application for the appropriate discipline; b) Plans and specifications as required by the permit issuer, c) The construction value of the proposed undertaking; d) Any fees or charges outlined in the fee schedule; and e) Any additional information cleemed necessary by the permit issuer for purposes of evaluation or processing of the application. 8. ISSUANCE OF PERMIT 8.1 The permit issuer shall issue a permit pursuant to the Act, the Regulations, or this Bylaw only when: a) The undertakings described in the permit application, meets the requirements of the Act, the Regulations, and this Bylaw; b) The plans and specifications submitted in the application meet the requirements of the Act, the Regulations, and this Bylaw; and c) Any outstanding fees and charges as outlined in the fee schedule are paid in full. 8.2 The permit issuer may place a valuation on any undertakings for the purpose of calculating the required fee. 8.3 The permit issuer may impose any terms and conditions on any permit issued under Town of Drumheller Bylaw 15.24 Page 10 of 14 this Bylaw as are deemed necessary to ensure compliance with the purpose and intent of the Act, this Bylaw, and any other legislative requirements. 9. PERMIT HOLDER OBLIGATIONS 9.1 A person to which a permit has been issued must: a) comply with the terms and conditions of the permit, b) call for inspections as outlined in the Town's Quality Management Plan and the permit conditions; c) comply with all inspection conditions and recommendations; d) undertake the construction, process, or activity in accordance with the Act, the Regulations, and this Bylaw; e) make at their own expense, the tests necessary to prove compliance with a permit or this Bylaw and shall promptly file a copy of all such tests or inspection reports with the appropriate Safety Codes Officer, f) ensure that all approved plans and specifications are available at the construction site at all resonable times for inspection by a Safety Codes Officer; g) ensure that a permit for the building discipline is posted, or other identified at the construction site; h) be responsible for any cost to repair any damage to public property or works located that occur as a result of the undertaking for which the permit was required; and i) ensure the civic address for the property for which the permit was issued is clearly visible from the roadway to which the propery is addressed. 10. REVISIONS & RE-EXAMINATION 10.1 The permit issuer may accept a revision to the construction for which a permit has been issued and determine the appropriate fee to be charged for the service. 10.2 Documents submitted with an application for a permit are incomplete or contain errors or omissions, the application may be rejected by the permit issuer. The documents may be re-submitted for further re-examinations upon payment in full of the required fee. 10.3 Any documents submitted which are incomplete and do not form the basis of the permit issued may be destroyed by the permit issuer. 11. TRANSFER 11.1 A person shall not transfer a permit to any other person unless the transfer has been authorized in writing by the permit issuer. Town of Drumheller Bylaw 15.24 Page 11 of 14 12. REFUSAL TO ISSUE, SUSPENSION, OR CANCELLATION 12.1 In addition to any powers pursuant to the Act, the permit issuer may refuse to issue a permit, and the Safety Codes Officer may revoke, suspend, or cancel a permit that has been issued, if: a) an addition or alteration is made to an ongoing undertaking which renders it unsafe or reduces the level of safety below that which is intended in the Act or this Bylaw; b) the permit was issued on the basis of incorrect, inadequate or insufficient information; c) payment in full has not been received for any applicable fee outlinded in the fee schedule; d) there is a contravention of any condition under which the permit was issued; or e) the permit was issued in error. 13. PERMIT TERM AND EXTENSION 13.1 A permit, other than an occupancy permit, shall expire according to the expiry date, and terms and conditions set in the permit. a) In the absence of an expiry date, a permit will expire in conformance with the Act and Regulations. 13.2 A permit issuer may extend a permit for a fixed period of time that they consider appropriate, if: a) a written request from the permit holder is submitted; b) the required fee outlined in the fee schedule is paid in full; and c) the existing permit has not been closed, expired, or revoked. 13.3 A permit that has expired may be reinstated by the permit issuer at the written request of the applicant within 30 days of expiry of the permit provided that: a) no changes are made to the original undertaking orignally applied for; and b) the required fee outlined in the fee schedule have been paid in full. 13.4 A closed permit may be re-opened in the following circumstances: a) The permit was closed in error; b) Within thirty (30) days after the permit was closed, provided the permit has not expired; or c) Town of Drumheller Bylaw 15.24 Page 12 of 14 d) At the permit issuer's sole discretion if the permit has been closed for more than thirty (30) days. 14. OCCUPANCY PERMIT 14.1 No person shall occupy, or allow the occupancy of, or use of, any building or portion thereof until: a) a final inspection has occurred· in all applicable disciplines; and b) the building Safety Codes Officer has deemed the building or portion thereof ready to use or occupy via a final inspection report. 14.2 No person shall allow a change in use, tenancy or the occupancy classification is permitted without approval of a building Safety Codes Officer. 14.3 A Safety Codes Officer shall have the right to inspect the occupancy permit at any reasonable time. 15. INSPECTIONS 15.1 Any inspection conducted by the Safety Codes Officer shall be conducted in accordance with the Town's Quality Management Plan. 16. FEES AND BONDS 16.1 Every application for a permit required pursuant to this Bylaw must be accompanied by any applicable fees or charges as outlined in the fee schedule. 16.2 If any undertaking is commenced prior to a permit being issued pursuant to this Bylaw, the amount payable for the permit shall be double the cost of the fee as outlined in the fee schedule. 16.3 An additional fee is payable if an additional inspection is required for any of the following reasons: a) The municipal address of the parcel for which the permit was issued is not displayed; or b) When an inspection has been previously arranged, and: i. the Safety Codes Officer is unable to access the building during the scheduled inspection; ii. the undertaking is not ready for an inspection upon arrival of the Safety Codes Officer, or iii. a previously identified deficiency has not been corrected. 16.4 The Quality Management Plan Manager may require a person to file a bond prior to the issuance of any permit. Town of Drumheller Bylaw 15.24 Page 13 of 14 a) Any bond required pursuant to this Section must be in the form and amount satisfactory to the Quality Management Plan Manager and shall be issued by a licensed Alberta bond issuer. 17. REFUNDS 17.1 A person who has paid a fee for a permit may cancel, withdra~ or surrender the permit to the permit issuer, and make a request in writing for a refund. a) The Town will maintain an administration fee of 50% for any refunds issued. b) The Safety Code Council Levy is non-refundable regardless of amount. c) No refund of a fee shall be made if: i. a plans review has been completed; ii. the permit has been revoked or has expired; iii. the undertaking of the construction as described within the permit application has commenced; iv. an extension of the permit has been granted; v. an inspection has been completed; or vi. ninety (90) calendar days have passed since the permit was issued. (BL08.25) 18. SAFETY CODE OFFICER AUTHORITY 18.1 A Safety Codes Officer may exercise any and all powers given to him or her under the Act, and without restricting the generality of the foregoing, is empowered to order: a) the removal or demolition of any building or part thereof constructed in contravention of this Bylaw; b) the removal or disconnection of any electrical, plumbing, or gas work undertaken in contravention of this Bylaw; and c) the cessation of any occupancy if any unsafe condition exists because of work being undertaken or not completed. 19. OFFENCE 19.1 Any person who contravenes the Act or regulations made pursuant thereto, including this Bylaw, shall be guilty of an offence under the Act. 20. GENERAL 20.1 The onus of proving that the permit issuer has issued a permit in relation to any undertaking otherwise regulated, restricted or prohibited by this Bylaw is on the person Town of Drumheller Bylaw 15.24 Page 14of14 alleging the existence of such a permit. 20.2 The onus of proving that a person is exempt from the provisions of this Bylaw requiring a permit is on the person alleging the exemption. 21. TRANSITION 21.1 This Bylaw shall come into force and effect when it receives third reading and is duly signed. 21.2 Bylaw 01.12 is hereby repealed. READ A FIRST TIME THIS 21 st DAY OF MAY, 2024. READ A SECOND TIME THIS 17th DAY OF JUNE, 2024. READ A THIRD AND FINAL TIME THIS 8th DAY OF JULY 2024.