Safety Codes Permit Bylaw 1148

Hinton, Alberta

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TOWN OF HINTON BYLAW NO. 1148 BYLAW OF THE TOWN OF HINTON, IN THE PROVINCE OF ALBERTA, TO REGULATE THE PROVISIONS OF THE SAFETY CODES ACT FOR THE PURPOSE OF PERMITTING, AS AN ACCREDITED MUNICIPALITY WHEREAS the Safefy Codes Acf RSA 2000, Chapter S-1, provides that a municipality with any power and duties relating to matters under the Safefy Codes Acf is deemed to be an accredited municipality with those powers and duties; AND WHEREAS the Safefy Codes Acf provides that the Minister may by Order designate any local authority as an accredited municipality authorized to administer all or part of the Safety Codes Acf within its respective municipality; and, NOW THEREFORE the Municipal Council of the Town of Hinton in session duly assembled hereby enacts as follows: SHORT TITLE 1.1 This Bylaw shall be referred to as the "Safety Codes Permit Bylaw". DEFINITIONS Unless othenrvise defined herein, the definitions contained in the Safety Codes Act and Regulations shall have a similar meaning in this bylaw. 2.1 "Act" shall mean the Safefy Codes Act and any associated Regulations. 2.2 "Administrato/' shall mean an Administer appointed under the Safety Code Act 2.3 "Bylaw" shall mean an enactment made by Council in accordance with the MGA. 2.4 "Town" shall mean the Town of Hinton. 2.5 'CAO' shall mean the Chief Administrative Officer of the Town or their designate, pursuant to the MGA. 2.6 "Development Compliance Officer" shall mean a Person employed or engaged by the Town of Hinton that may issue Violation Violation Tickets 2.7 "Council" shall mean the municipal Council of the Town of Hinton. 2.8 "Designated Permit lssuer" means a Person employed or engaged by the Town and designated by the Administrator under the Act: 2.8.1 to issue Permits under the Act; 2 1 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.8.2 that their delegates may issue Permits under the Act; and 2.8.3 includes all Safety Codes Officers. "Fee" shall mean the amount, as set out in the Town's Fees and Charges Bylaw, payable for: 2.9.1 a Permit required by this Bylaw; 2.9.2 any additional inspection; and 2.9.3 any search, certificate, document or other service related to the administration of this Bylaw. "MGA" shall mean the Alberta Municipal Government Act. "MunicipalViolation Ticket" means a violation ticket or similar document issued by the Town pursuant to the MGA for the purpose of notifying a Person that an offence has been committed, and which fine or prosecution may follow. "Owner" shall mean any Person: 2.12.1 who is named on a Permit; 2.12.2 who has care and control of an Undertaking and includes a lessee; 2.12.3 a Person who has the powers and authority of Ownership; or 2.12.4 who at the time exercises the powers and authority of Ownership. "Occupancy" shall mean the use or intended use of a building or any part of a building for the shelter or support of individuals, animals, or property. "Occupancy Certificate" shall mean written permission granted by the CAO to occupy the Undertaking for its intended purpose. "Permit" shall mean a written authorization from the Designated Permit lssuer to perform work regulated by this Bylaw, and may include Permits, for Building, Gas, Electrical, Plumbing, and Private Sewage. "PSR" shall mean a Permit Service Report which remains on the file as a record of compliance or non-compliance with the Act. "Person" shall mean an individual, partnership, association, corporation, organization, business, cooperative, trustee, executor, administrator, or legal representative. "QMP'shall mean the Town's Quality Management Plan registered with the Alberta Safety Codes Council. "Regulations" shall mean any regulations passed pursuant to the Act including any codes adopted in such regulations. 2 2.20 "Safety Codes Officer" shall mean an individual designated as a Safety Codes Officer pursuant to the Act. 2.21 "Single Family Residential Premises" shall mean a building intended to be used as one dwelling unit and may include a secondary suite but does not share a wall with another dwelling unit. 2.22 "Undertaking" shall mean the construction of a thing, control or operation of a thing, and process or activity to which the Act applies. 2.23 "Violation Ticket" shall mean a Violation Ticket as defined in the Provincial Offences Procedure AcL 3. PURPOSE 3.1 The purpose of this Bylaw is to establish the application procedure and Fees for Permits issued or any other material or service provided pursuant to the Act, the Regulations and this Bylaw 4. PERMITS 4.1 Scope: 4.1.1 This Bylaw applies to the issuance of permits respecting the construction, demolition, installation, alteration, repair and removal, Occupancy or change in Occupancy of any building regulated by the Act. within the Town; and ii. the installation, alteration or repair of electrical, plumbing and gas equipment and systems regulated by the Act within the Town. 4.2 Permits Required: 4.2.1 Subject to Section 4.2.2, a Person shall not start any Construction or Undertaking for which a Permit is required pursuant to the Act or this Bylaw, unless a valid and subsisting Permit has been issued. 4.2.2 lf there is imminent serious danger to individuals or property because of anything, 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. 4.2.3 A Building Permit is required to carry out work to which lhe National Building Code(Alberta Edition) applies except: 3 i. a building that is manufactured in a plant that has a quality assurance program acceptable to the building Administrator; ii. Undertaking less than a $5,000 value, unless deemed necessary by the Safety Code Officer; or iii. retaining walls not exceeding in 1 meter in height at the highest point. 4.2.4 An Electrical Permit is required to carry out the work to which the Electrical Code applies. 4.2.5 A Plumbing or Private Sewage Permit is required to install, renew or change any plumbing equipment or system except for: i. repair or maintenance of a plumbing system or private sewage system; or ii. replacement of any fixture, water heater, faucet, trap, valve, septic tank or cistern provided there is no change to the piping system. 4.2.6 A Gas Permit is required to install, alter or make an addition to any gas installation except: i. replacement of a gas dryer or gas range if there is no design change made to the gas piping and venting system; ii. connection of a residentialwater heater or residential heating appliance with a similar type; iii. relocation, by a gas company, of a meter from interior to the exterior of a building; or iv. new or replacement of a liquefied petroleum tank with a capacity of not more than 300 litres including service line. 4.3 Permit Eligibility: 4.3.1 A Person shall make an application for a Permit in the noted disciplines, as follows: i. in the building discipline, the Owner or agent of the Owner of the property for the Undertaking may apply; ii. in the electrical discipline, a master electrician as designated by the Safety Codes Council, or the Owner of the property for the Undertaking if the Owner resides in the Single Family Residential Premises and will be doing the work themselves; iii. in the plumbing discipline, other than a private sewage system, a certified journeyman plumber as defined in the Plumber Trade Regulation, or the Owner of the property for the Undertaking if the Owner resides in the Single Family Residential Premises and will be doing the work themselves; 4 iv. in the plumbing discipline for a private sewage system, a certified journeyman plumber as defined inlhe Plumber Trade Regulation, a certified private sewage system installer, or the Owner of the property for the Undertaking if the Owner resides in the Single Family Residential Premises and will be doing the work themselves; and v. in the gas discipline, a certified journeyman gasfitter as defined in the Gasfitter Trade Regulation, or the Owner of the property for the Undertaking if the Owner resides in the Single Family Residential Premises and will be doing the work themselves. 4.4 Permit Application: 4.4.1 ln addition to any other requirement, applicants applying for a Permit pursuant to the Act or this Bylaw shall provide the Designated Permit lssuer with: i. a complete application in a form approved by the Designated Permit lssuer; ii. plans and specifications as required by the Designated Permit lssuer; iii. the value of the proposed Undertaking; iv. payment in full for any applicable Fees and taxes, pursuant to the Act and this Bylaw; and v. any additional information required by the Designated Permit lssuer. 4.4.2 A Building Permit application shall be accompanied by all associated sub-Permit applications, including for: i. Electrical Permits; ii. Plumbing Permits; and iii. Gas Permits. 4.4.3 An Electrical Permit shall be linked to a Building Permit before being issued, except in the following circumstances: i. an Undertaking that does not require a Building Permit; ii. a change/up-grade of a distribution panel; iii. an air conditioning service; iv. a hot tub service; or v. at the discretion of the Designated Permit lssuer. 4.4.4 A Plumbing Permit shall be linked to a Building Permit before being issued or at the discretion of the Designated Permit lssuer. 5 4.5 4.4.5 A Gas Permit shall be linked to a building Permit before being issued except in the following circumstances: i. an Undertaking that does not require a Building Permit; ii. change/up-grade/addition of a water heater not of a similar type; iii. change/up-grade/addition of a residential heating appliance not of a similar tYPe; iv. garage heater for existing accessory building; v. gas service to an existing accessory building; vi. hot tub service; or vii.at the discretion of the Designated Permit lssuer. lssuance of Permit 4.5.1 The Designated Permit lssuer shall issue a Permit pursuant to the Act or this Bylaw only when: i. the Undertaking described in the Permit application, meets the requirements of the Act and this Bylaw; ii. the plans and specifications submitted in the application meet the requirements of the Act and this Bylaw; and iii. payment in full for any applicable Fees and taxes, pursuant to the Act and this Bylaw. 4.5.2 The Designated Permit lssuer may place a valuation on any Undertaking for the purpose of calculating the required Fee. 4.5.3 The Designated Permit lssuer may impose any terms and conditions on any Permit issued under this Bylaw as are deemed necessary to ensure compliance with the purpose and intent of the Act, this Bylaw, and any other legislative requirements. 4.6 Revisions and Re-examination 4.6.1 The Designated Permit lssuer 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. 4.6.2 lf the documents submitted with an application for a Permit are incomplete or contain errors or omissions, the application may be rejected by the Designated Permit lssuer. The documents may be re-submitted for further re-examinations upon payment of the required Fee. o 4.6.3 Any documents submitted which are incomplete and do not form the basis of the Permit issued may be destroyed by the Designated Permit lssuer. 4.7 Transfer 4.7.1 A Person shall not transfer a Permit to any other Person unless the Designated Permit lssuer has authorized the transfer in writing. 4.8 Refusal to lssue, Suspension or Cancellation 4.8.1 ln addition to any powers pursuant to the Act, the Designated Permit lssuer may refuse to issue a permit or suspend or cancel a Permit that has been issued if: i. 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; ii. the Permit was issued on the basis of incorrect, inadequate or insufficient information with respect to the Permit application or the Undertaking to be governed by the Permit; iii. payment in full for any applicable Fees and taxes, pursuant to the Act and this Bylaw have not been paid; iv. there is a contravention of any condition under which the Permit was issued; or 4.9 v. the Permit was issued in error. Permit Term and Extensions 4.9.1 A Permit, other than an Occupancy Certificate, shall expire i. if the Undertaking authorized by the Permit has not commenced within g0 days of the date of issue of the Permit; ii. if the Undertaking authorized by the Permit has commenced but is suspended or abandoned for a continuous period of more than 120 days with little to no progress as determined by the Designated Permit lssuer; or iii. if the Undertaking authorized by the permit is commenced but is not completed within 12 months of the date of issue of the Permit, unless the terms and conditions of the Permit specifically provide otherwise. 4.9.2 The CAO may, in writing, extend a Permit for one additional time period if. i. a written application has been received specifying a completion date; 7 ii. the required Fee has been paid; and iii. the existing Permit has not been closed, expired or revoked. 4.9.3 A Permit that has expired may be reinstated by the CAO at the written request of an applicant within 30 days of expiry of the Permit provided that: i. no changes are made to the Undertaking originally applied for; and ii. the required Fee has been paid. 4.9.4 A closed Permit may be re-opened in the following circumstances. i. the Permit was closed in error; ii. within 30 days after the Permit was closed, provided the Permit has not expired; or iii. at the CAO's sole discretion if the Permit has been closed for more than 30 days. 4.10 OccupancyGertificate/PermitServices Report 4.10.1 No Person shall occupy, allow the Occupancy of, or use any building or portion of the building until: i. a final inspection has occurred in all applicable disciplines of the Act, and the Safety Codes Officer has deemed the building or portion of the building ready to use or occupy; and ii. the CAO has issued an Occupancy Certificate after Permits for each discipline have been closed. 4.10.2 A PSR is required for all residential construction, however an Occupancy Certificate is not required for the following residential construction uses: i. electrical Permits; ii. plumbing Permits; iii. gas Permits; iv. private sewage disposalsystem Permits; and v. any work that does not require a Permit. 4.10.3 The Owner of a building must permanently display the Occupancy Certificate in a conspicuous location inside the building near the main entrance, except for Single Family Residential Premises where it may be placed near the electrical panel serving the building. I 4.10.4 A Safety Codes Officer shall have the right to inspect the Undertaking for Occupancy at any reasonable time. 5. INSPECTIONS 5.1 Notification of lnspection: 5.1.1 When an Undertaking for which a Permit has been issued is ready to be inspected for compliance with the Act the Person holding the Permit shall notify the Safety Codes Officer by phone, email, or online request. 5.2 lnspections 5.2.1 Any inspections conducted by or on behalf of the Safety Codes Officer shall be conducted in accordance with the governing QMP. 6. FEESAND BONDS 6.1 Fees: 6.1 .1 Every application for a Permit required pursuant to this Bylaw must be accompanied by any applicable Fees and taxes. 6,1.2 lf any Construction or an Undertaking is commenced prior to a Permit being issued pursuant to this Bylaw, the amount payable for the Permit shall be double the Fee as outlined in Schedule "A" - Specified Penalties. 6.2 lnspection Fees: 6.2.1 Unless othenrvise specified, the Fee payable for a Permit includes all mandatory inspections. 6.2.2 An additional Fee is payable if an additional inspection is required for any of the following reasons: the municipal address of the parcel for which the Permit was issued is not displayed; or ii. when an inspection has been previously arranged, and: a) the Safety Codes Officer is unable to access the building; b) the Undertaking is not ready for an inspection; or c) a previously identified deficiency has not been corrected. 6.3 Refunds A person who has paid a Fee for a Permit may cancel, withdraw or surrender the Permit to the Designated Permit lssuer, and make application in writing for a refund in accordance with the provisions of the Fees and Charges Bylaw. 6.3.1 9 7 6.3.2 The Safety Code Levy is non-refundable. 6.3.3 No refund of a Fee shall be made if: i. the Permit has been revoked or has expired; ii. the Occupancy, relocation, construction or demolition of the building orthe installation of the mechanical equipment or systems has commenced; iii. an extension of the Permit has been granted; or iv. an inspection has been completed. 6.4 Bonds 6.4.1 The CAO may require a Person to file a bond prior to the issuance of any Permit. 6.4.2 Any bond required pursuant to this section shall be in a form and amount satisfactory to the CAO, and shall be issued by a licensed Alberta issuer. OFFENCES AND PENALTIES 7.1 Offence: 7 .1.1 a Person who contravenes any provision of this Bylaw is guilty of an offence. 7 .1.2 a Person shall not interfere with a Safety Codes Officer in the exercise of their powers and duties under this Bylaw. 7.2 Vicarious Liability: 7.2.1 For the purposes of this Bylaw, an act or omission by an employee or agent of an applicant is deemed also to be an act or omission of the Owner or applicant, if the act or omission occurred in the course of the employee's employment with the applicant, or in the course of the agent's exercising the powers or performing the duties on behalf of the applicant. 7.3 GorporationsandPartnerships: 7.3.1 When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence, is guilty or the offence whether or not the corporation has been prosecuted for the offence. lf a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act, who agreed or participated in the act or omission that constitutes the offence, is guilty of the offence. 7.3.2 10 7.4 Fines and Penalties: 7.4.1 A Person who is guilty of an offence is liable for a fine pursuant to Schedule "A" not to exceed ten thousand dollars ($10,000.00) or for the imprisonment of not more than six (6) months for payment of a fine, pursuant to the MGA. 7 .4.2 Without restricting the generality of Section 7.4,1, the fine amounts set out in Schedule "A" are established for use of Municipal Violation Tickets, if a voluntary payment option is offered. 7.5 GontinuingOffence: 7.5.1 ln the case of an offence that is of a continuing nature, a contravention constitutes an offence in respect of each day, or part of a day, on which it continues and a Person guilty of such an offence is liable to a fine as set out in Schedule "A". 7.6 Municipal Violation Ticket: 7.6.1 A Compliance Officer is hereby authorized to issue a Municipal Violation Ticket to any Person who they believe has contravened any provision of this Bylaw. 7.6.2 The Municipal Violation Ticket shall be in the form approved by the CAO and shall state: i. the name of the accused Person; ii. the nature of the offence; iii. the approximate date and time of the offence; iv. the penalty established in this Bylaw for the offence; v. that the penalty shall be paid within seven (7) days of the issuance; and vi. any other information as may be required by the CAO. 7.6.3 A Municipal Violation Ticket may be issued to such Person: i. personally; ii. by mailing a copy to such Person at their last known post office address; or iii. by leaving it at the last known municipal address of such person. 11 7.7 Payment in Lieu of Prosecution: 7.7.1 Where a Municipal Violation Ticket is issued pursuant to this Bylaw, the Person to whom the Municipal Violation Ticket is issued may, in lieu of being prosecuted for the offence, pay the penalty specified on the Municipal Violation Ticket on or before the prescribed payment date. 7.8 Violation Ticket: 7.8.1 Where a Municipal Violation Ticket has been issued and the specified penalty has not been paid within the prescribed time, the Development Compliance Officer is authorized to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act. 7.8.2 Notwithstanding Section 7.8.1, a Development Compliance Officer is hereby authorized to issue a Violation Ticket pursuant to the Provincial Offences Procedure Actto any Person who the Development Compliance Officer believes has contravened any provision of this Bylaw. 7.8.3 Where a Violation Ticket is issued in respect of an offence, it may: i. specify the fine amount established by this Bylaw for the offence; or ii. require a Person to appear in court, without the alternative of making a voluntary payment. 7.9 Voluntary Payment 791 8. GENERAL 8.1 A Person who commits an offence may submit a voluntary payment noting the specified penalty to the Provincial Court of Canada, on or before the initial appearance date indicated on the Violation Ticket, if: i. The Violation Ticket is issued with respect to the offence; and ii. The Violation Ticket specifies the fine amount established by this Bylaw for the offence. Responsibilities, Obligations and Authority: 8.1 .1 A Person to which a Permit has been issued must. i. comply with the terms and conditions of the Permit plan review; ii. Undertake the construction, process or activity in accordance with the Act and this Bylaw; iii. notify the Designated Permit lssuer: 12 a) if the Permit holder does not intend to complete the Undertaking; or b) if there is a change in Ownership from the Owner as stated on the Permit application. iv. ensure that all plans and specifications required to apply for the Permit are available at the construction site at all reasonable times for inspection by a Safety Codes Officer; v. ensure that a Permit for the building discipline is posted, or otheruvise identified at the construction site; vi. ensure that the civic address of the property for which the Permit was issued is clearly visible from the roadway to which the property is addressed; and vii.notify the Designated Permit lssuerwhen ready for a required inspection. 8.1.2 Any Owner or agent of the Owner who knowingly submits false or misleading information contravenes this Bylaw. 8.1.3 Any Owner or agent of the Owner: shall 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; ii. shall provide an up-to-date survey of the building site when and as required by a Safety Codes Officer, or as required by the Act; and iii. is responsible for the cost of repair of any damage to public property or works located thereon that may occur as a result of Undertaking work for which a Permit was required. 8.1.4 Neither the issuance of a Permit nor the carrying out of inspections made by a Safety Codes Officer shall in any way relieve the Owner of a building from full responsibility for carrying out the project or having the project carried out in accordance with the Act and this Bylaw. 8.1 .5 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: i. the removal or demolition of any building or part thereof constructed in contravention of this Bylaw; ii. the removal or disconnection of any electrical, plumbing, or gas work Undertaken in contravention of this Bylaw; and iii. the cessation of any Occupancy if any unsafe condition exists because of work being Undertaken or not completed. 13 8.1 .6 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. 8.2 Proof of Permit 8.2,1 The onus of proving that the Designated Permit lssuer has issued a Permit in relation to any Undertaking otherwise regulated, restricted or prohibited by this Bylaw is on the Person alleging the existence of such a Permit. 8.3 Proof of Exemption 8.3.1 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. 8.4 Legal Duty 8.4.1 Nothing in this Bylaw, including the issuance of a Permit, any approval, and any inspections conducted pursuant to this Bylaw, relieves any Person of their legal duty to comply with the Act and this Bylaw. 9. POWERS OF THE CAO 9.1 Without restricting any other power, duty, or function granted by this or any other Bylaw, the CAO may: 9.1 .1 9.1.2 9.1 .3 9.1.4 9.1.5 9.1.6 9.1.7 9.1 .8 9.1 .9 GENDER REFERENCES carry out inspections to determine compliance with this Bylaw; take steps or carry out actions required to enforce this Bylaw; take necessary steps or carry out actions required to remedy a contravention of this Bylaw; establish forms and agreements for the purposes of this Bylaw; issue Permits with such terms and conditions as are deemed appropriate; establish the criteria to be met for a Permit issued pursuant to this Bylaw; require a Person to execute an agreement as a condition of granting a Permit; require a Person to post a bond as a condition of grant a Permit; place a valuation on a project for the purpose of calculating any Fee for a Permit; and delegate powers, duties or functions under this Bylaw to an employee of the Town. All references in this Bylaw will be read with such changes in number and gender as may be appropriate, and references shall be read as a corporation or partnership, and pronouns shall be deemed to not be gender specific. 9.2 14 10. 11 12 13 INTERPRETATION 10.1 References to provisions of statutes, rules or regulations shall be deemed to include references to such provisions as amended, modified or re-enacted from time to time. 10.2 Nothing in this Bylaw relieves any Person from compliance with any other bylaw or applicable federal or provincial law, regulation or enactment. SEVERABILITY 11.1 lf any portion of this Bylaw is declared invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the Bylaw is deemed valid. EFFECTIVE DATE 12.1 This Bylaw becomes effective upon third and final reading. PRIOR BYLAWS 13.1 This Bylaw supersedes and takes precedence over all previously passed bylaws which refer to Safety Code Permitting, as well as any previously passed resolutions which may be in conflict with this Bylaw. READ A FIRST TIME THIS 16th DAY OF JUNE 2O2O READ A SECOND TIME 16th DAY OF JUNE 2O2O READ A THIRD TIME THIS 16th DAY OF JUNE 2O2O TIVE 15 OFFENCE BYLAW SECTION FIRST OFFENCE SECOND OFFENCE SUBSEQUENT OFFENCE Occupying a building without an Occupancy Certificate being granted, with no life safety issues 4.10 $500 $1,000 $3,000 Occupying a building without an Occupancy Certificate being granted, with life safety issues 4.10 $750 $1,500 $5,500 Ongoing Occupancy without an Occupancy Certificate being granted 4.10 $550/day $550/day $550/day Failing to arrange for a required inspection 5.1.1 $1 35 $1 35 $1 35 Starting Construction or an Undertaking prior to a permit being issued 4.2.1 Double Permit Fee Double Permit Fee Double Permit Fee SCHEDULE "A'' SPECIFIED PENALTIES 16