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Bylaw No. 939-2016
PAGE 1
A BYLAW OF THE CITY OF LEDUC IN THE PROVINCE OF ALBERTA, TO
ESTABLISH THE APPLICATION PROCEDURE AND FEES FOR PERMITS ISSUED
PURSUANT TO THE SAFETY CODES ACT
WHEREAS, pursuant to section 66 of the Safety Codes Act, R.S.A. 2000, 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
pursuant to the Safety Codes Act, and respecting the carrying out of the powers and duties
of an accredited municipality;
AND WHEREAS, pursuant to section 7 of the Municipal Government Act, R.S.A. 2000, c.
M-26, a council may pass bylaws for municipal purposes respecting the safety, health and
welfare of people and the protection of people and property;
AND WHEREAS, pursuant to section 8 of the Municipal Government Act, a council may
provide for a system of licences, permits or approvals including prohibiting any
development, activity, industry, business or thing until a licence, permit, or approval has
been granted, providing that conditions may be imposed on any licence, permit or
approval, the nature of the terms and conditions and who may impose them, setting out
the conditions that must be met before a licence, permit or approval is granted or renewed,
the nature of the conditions and who may impose them, and providing for the duration of
licences, permits and approvals and their suspension or cancellation for failure to comply
with a term or condition or the bylaw or for any other reason specified in the bylaw;
PART I -- DEFINITIONS AND INTERPRETATION
BYLAW TITLE
1
This Bylaw shall be known as "Safety Codes Permit Bylaw".
DEFINITIONS
2 In this Bylaw, unless the context otherwise requires:
(a)
"City" means the Municipal Corporation of the City of Leduc;
(b)
"City Manager" means the Chief Administrative Officer of the City or his
delegate;
(c)
"Fees and Charges Bylaw" means the City of Leduc Fees and Charges
Bylaw;
(d)
"gas" means natural or manufactured gas, liquefied petroleum gas or any
mixture of such gases;
(e)
"highway" has the same meaning as in the Traffic Safety Act, R.S.A.
2000, c. T-6, as amended;
Bylaw No. 939-2016
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(f)
"hoarding" means any covered way, fence, railing, boarding, barricade,
guard, timber buffer, temporary walkway or other structure, material or
equipment;
(g)
"municipal tag" means a ticket alleging an offence issued pursuant to the
authority of a bylaw of the City;
(h)
"person" means an individual, partnership, association, corporation,
organization, business, cooperative, trustee, executor, administrator or
legal representative;
(i)
"Quality Management Plan" means the quality management plan
registered with the Alberta Safety Codes Council;
0)
"Regulations" means any regulations passed pursuant to the Safety
Codes Act including any codes adopted in such regulations;
(k)
"Safety Codes Act" means the Safety Codes Act, R.S.A. 2000, c. S-1, as
amended;
(I)
"undertaking" means the construction of a thing or the control or
operation of a thing, process or activity to which the Safety Codes Act or
the Regulations applies;
(m)
"violation ticket" has the same meaning as in the Provincial Offences
Procedure Act, R.S.A.2000, c. P-34, as amended.
PART II-- PERMITS
PERMIT REQUIRED
3
(1)
Subject to subsection (2), a person shall not start any undertaking for
which a permit is required pursuant to this bylaw unless a permit has
been issued.
(2)
If there is imminent serious danger to persons or property because of any
thing, process or activity to which the Safety Codes 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.
APPLICATION
4 In addition to any other requirement, every person applying for a permit pursuant
to the Safety Codes Act, the Regulations or this bylaw must provide to the City
Manager:
(a)
an application in a form approved by the City Manager;
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PAGE 3
(b)
plans and specifications as required by the City Manager;
(c)
the value of the proposed undertaking;
(d)
any fees required pursuant to this bylaw; and
(e)
any additional information required by the City Manager.
ISSUANCE OF PERMIT
5
(1)
The City Manager shall issue a permit pursuant to the Safety Codes Act,
the Regulations or this bylaw only when:
(a)
the undertaking described in the application for the permits meets
the requirements of the Safety Codes Act, the Regulations and
this bylaw;
(b)
the plans and specifications submitted in the application meet the
requirements of the Safety Codes Act, the Regulations, this bylaw
and any other legal requirements; and
(c)
the fees payable pursuant to this bylaw, any fees payable
pursuant to the Safety Codes Act and any applicable taxes have
been paid in full.
(2)
The City Manager may impose any conditions on a permit as are deemed
necessary to ensure compliance with the Safety Codes Act, the
Regulations, this bylaw and any other legal requirements.
TRANSFER
6 A person shall not transfer a permit to any other person unless the transfer has
been authorized in writing by the City Manager.
REFUSAL TO ISSUE, SUSPENSION OR CANCELLATION
7
In addition to any powers pursuant to the Safety Codes Act or Regulations, the
City Manager may refuse to issue a permit, or suspend or cancel a permit that
has been issued if:
(a)
in the case of an addition or alteration, the existing undertaking is unsafe
or will reduce the level of safety of the undertaking governed by the
permit to below that which is intended by the Safety Codes Act, the
Regulations or this bylaw;
(b)
incorrect or insufficient information is submitted with respect to the permit
or the undertaking to be governed by the permit;
Bylaw No. 939-2016
PAGE 4
(c)
in the opinion of the City Manager, the undertaking for which the permit
would be or has been issued would or does contravene the Safety Codes
Act, the Regulations or this bylaw;
(d)
the fees payable for the permit have not been paid;
(e)
there is a contravention of any condition under which the permit was
issued; or
(f)
the permit was issued in error.
PERMIT HOLDER OBLIGATIONS
8 A person to which a permit has been issued must:
(a)
have a copy of the plans and specifications for the undertaking at the site
of the undertaking; and
(b)
ensure that the municipal address of the parcel for which the permit was
issued is clearly visible from the adjacent roadway.
OCCUPANCY PERMIT
9
(1)
No person shall occupy a new building until the Owner obtains a permit
allowing that person to occupy that building.
(2)
No person shall occupy a building or portion of a building for which there
has been a change in use or intended use until the Owner obtains a
permit allowing that person to occupy that building or portion of a building.
(3)
A permit for occupancy is not required for a garage serving single
detached housing.
(4)
The owner of building must permanently display a permit for occupancy
for the building in a conspicuous location inside the building near the main
entrance, except for single family residential buildings where it may be
placed near the furnace serving the building.
OCCUPANCY CERTIFICATE
10 If there has been a change in the use or intended use of a building or portion of a
building that does not require a permit pursuant to the Safety Codes Act, a
person may apply to the City Manager for a certificate indicating compliance with
the Safety Codes Act and Regulations.
HEATING, VENTILATING AND AIR-CONDITIONING PERMIT
11 (1)
No person shall build, repair, or alter any heating, ventilating, or air-
conditioning undertaking unless the person obtains a permit allowing that
Bylaw No. 939-2016
PAGE 5
person to build, repair, or alter that heating, ventilating, or air-conditioning
undertaking.
(2)
This section does not apply to repairs or alterations to a heating,
ventilating, or air-conditioning undertaking that:
(a)
are minor in nature;
(b)
do not hinder the satisfactory operation of the undertaking; and
(c)
do not impact the health or safety of occupants of the building
containing the undertaking.
(3)
A permit issued pursuant to this section may only be issued to:
(a)
a journeyman sheet metal worker who is regularly employed for
the installation, alteration, repair or addition to the hearing,
ventilation and air-conditioning systems by industrial institutions or
similar establishments provided the work is performed on the
property of the industrial institution or similar establishment;
(b)
a sheet metal mechanic; or
(c)
an owner who resides at the premises and intends to perform the
work which is subject to the permit.
CRANE PERMIT
12 (1)
No person shall any erect any crane, hoist, or similar apparatus capable
of projecting or swinging over a highway unless the person obtains a
permit allowing that person to erect such an apparatus.
(2)
In addition to any other requirement, every person applying for a permit to
erect a crane, hoist, or similar apparatus must submit to the City
Manager, in a form acceptable to the City Manager:
(a)
the location at which the crane, hoist, or similar device is
proposed; and
(b)
an executed agreement relating to the crane, hoist, or similar
device in a form approved by the City Manager.
HOARDING PERMIT
13 (1)
No person shall place any hoarding on a highway unless the person
obtains a permit allowing that person to place hoarding on a highway.
(2)
In addition to any other requirement, every person applying for a permit to
place hoarding on a highway must submit to the City Manager, in a form
acceptable to the City Manager:
Bylaw No. 939-2016
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(a)
the location at which the hoarding is proposed; and
(b)
an executed agreement relating to the hoarding in a form
approved by the City Manager.
HOARDING REGULATIONS
14 (1)
Where any covered way, fence, railing, boarding or barricade is required
pursuant to the Regulations and is to be located on a highway, then the
person having care and control of the undertaking shall provide protection
for pedestrians as follows:
(a)
for undertakings of a height of 2.4 metres or less:
(i)
a railing if the distance from the undertaking to the
pedestrian walkway is less than 2.1 metres;
(ii)
a railing if the distance from the undertaking to public
property abutting a pedestrian walkway is less than 2.1
metres; and
(iii)
no protection if the distance from the undertaking to the
pedestrian walkway and any public property abutting the
public walkway is 2.1 metres or more;
(b)
for undertakings of a height greater than 2.4 metres:
(i)
a fence and covered way is the distance from the
undertaking to the pedestrian walkway is 2.1 metres or
less;
(ii)
a fence and covered way if the distance from the
undertaking to the pedestrian walkway is less than one-
fourth the height of the undertaking;
(iii)
a fence if the distance from the undertaking to the
pedestrian walkway is one-half the height of the
undertaking or less; and
(iv)
no protection if the distance from the undertaking to the
pedestrian walkway is greater than one-half the height of
the undertaking.
(2)
The person in care and control of an undertaking for which hoarding on a
highway is required shall ensure that protective framing and boarding is
built around and over every tree, street lamp, utility box, fire or police
alarm box, fire hydrant, catch basin and manhole that has the potential to
be damaged by any work being done.
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(3)
If there is any equipment stored on the roof of a covered way required by
this section, the person in care and control of the undertaking for which
the covered way is required shall ensure that the ends of the roof are
protected by:
(a)
a tight curb board not less than 300 millimetres high; and
(b)
a railing not less than 1.07 metres high.
WALKWAYS
15 If a permit issued pursuant to the Safety Codes Act requires the permit holder to
relocate a pedestrian walkway off of a sidewalk, the permit holder must provide a
walking surface approved by the City Manager.
ROADWAY PROTECTION
16 If the railing of a walkway or covered way is so close to the roadway that vehicles
passing on the roadway may come into contact with the walkway or covered way
then the Owner of the undertaking shall:
(a)
provide a guard without openings below the railing level between the
walkway or covered way and the roadway; and
(b)
provide a timber buffer not less than 300 millimetres in width extending to
a height of 200 millimetres above the lowest level of the walkway or
covered way.
EXCAVATION OF SIDEWALKS
17 (1)
If a permit issued pursuant to the Safety Codes Act requires the permit
holder to excavate any portion of a public sidewalk, the permit holder
must construct a substantial temporary walkway for pedestrians over the
area.
(2)
Any walkway required pursuant to this section must be:
(a)
not less than 1.5 metres in width;
(b)
designed for a uniform load of 7.2 KN per square metre;
(c)
provided with suitable ramps or stairs at each end; and
(d)
equipped with a handrail not less than 1.07 metres high along
each side.
PRIVATE SEWAGE SYSTEMS
18 No person shall construct any system set out in the Alberta Private Sewage
Systems Standard of Practice in a private sewage disposal system.
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PART III -- INSPECTIONS
NOTIFICATION
19 When an undertaking for which a permit has been issued is ready to be tested for
compliance with the Safety Codes Act and Regulations the person holding the
permit shall notify the City Manager.
INSPECTIONS
20 Any inspections conducted by or on behalf of the City shall be conducted in
accordance with the governing Quality Management Plan.
APPROVAL
21 If the City Manager is satisfied that an undertaking is in compliance with the
Safety Codes Act, the Regulations and this bylaw the City Manager may issue an
approval for the undertaking.
GAS INSPECTIONS
22 (1)
A person shall not connect any altered or repaired gas piping to an
appliance, gas meter, metering equipment, or storage container until the
gas piping has been inspected and approved pursuant to this bylaw.
The City Manager may require a further inspection of gas piping after that
piping has been connected to an appliance, gas meter, metering
equipment, or storage container.
In addition to any other approvals, the City Manager may issue an
approval to supply gas to gas piping if the City Manager is satisfied that
the gas piping complies with the Safety Codes Act, the Regulations and
this bylaw.
PART IV -- FEES AND BONDS
FEES
23 (1)
The fees payable for any permit issued pursuant to this bylaw are set out
in the Fees and Charges Bylaw.
(2)
If an undertaking is commenced prior to permit being issued pursuant to
this bylaw the fees payable for the permit are twice the fees set out in
the Fees and Charges Bylaw.
INSPECTIONS FEES
24 (1)
The fees payable pursuant to the Fees and Charges Bylaw include all
mandatory inspections and one additional inspection.
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(2)
The additional inspection fee set out in the Fees and Charges Bylaw is
payable for every inspection where:
(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 inspector is unable to access the building;
(ii)
the undertaking is not ready for an inspection; or
(iii)
a previously identified deficiency has not been corrected.
BONDS
25 (1)
The City Manager may require a person to file a bond prior to the
issuance of any permit.
(2)
Any bond required pursuant to this section shall be in a form and amount
satisfactory to the City Manager and shall be issued by a licensed Alberta
insurer.
PART V -- OFFENCES AND PENALTIES
OFFENCE
26 A person who contravenes this bylaw is guilty of an offence.
CONTINUING OFFENCE
27 In 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 in an amount
not less than that established for each such day.
VICARIOUS LIABILITY
28 For the purposes of this bylaw, an act or omission by an employee or agent of a
person is deemed also to be an act or omission of the person if the act or
omission occurred in the course of the employee's employment with the person,
or in the course of the agent's exercising the powers or performing the duties on
behalf of the person under their agency relationship.
CORPORATIONS AND PARTNERSHIPS
29 (1)
When a corporation commits an offence under this bylaw, every principal,
director, manager, employee or agent of the corporation who authorized
the act of omission that constitutes the offence or assented to or
acquiesced or participated in the act or omission that constitutes the 4
Bylaw No. 939-2016
PAGE 10
offence is guilty of the offence whether or not the corporation has been
prosecuted for the offence.
(2)
If a partner in a partnership is guilty of an offence under this bylaw, each
partner in that partnership who authorized the act or omission that
constitutes the offence or assented to or acquiesced or participated in the
act or omission that constitutes the offence is guilty of the offence.
FINES AND PENALTIES
30 (1)
A person who is guilty of an offence is liable to a fine in an amount not
less than established in this section, and not exceeding $10,000.00, and
to imprisonment for not more than six months for non-payment of a fine.
(2)
Without restricting the generality of subsection (1) the following fine
amounts are established for use on municipal tags and violation tickets if
a voluntary payment option is offered:
(a)
$1,000.00 for any offence for which a fine is not otherwise
established in this section; and
(b)
$2,000.00 or twice the fees payable for a permit, whichever is
greater, for an offence under section 3(1).
MUNICIPAL TAG
31 If a municipal tag is issued in respect of an offence the municipal tag must
specify the fine amount established in this bylaw for the offence.
PAYMENT IN LIEU OF PROSECUTION
32 A person who commits an offence may, if a municipal tag is issued in respect of
the offence, pay the fine amount established by this bylaw for the offence and if
the amount is paid on or before the required date, the person will not be
prosecuted for the offence.
VIOLATION TICKET
33 If a violation ticket is issued in respect of an offence, the violation ticket may:
(a)
specify the fine amount established by this bylaw for the offence; or
(b)
require a person to appear in court without the alternative of making a
voluntary payment.
VOLUNTARY PAYMENT
34 A person who commits an offence may:
(a)
if a violation ticket is issued in respect of the offence; and
(b)
if the violation ticket specifies the fine amount established by this bylaw
for the offence;
Bylaw No. 939-2016
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make a voluntary payment equal to the specified fine.
OBSTRUCTION
35 A person shall not obstruct or hinder any person in the exercise or performance
of the person's powers pursuant to this bylaw.
PART VI -- GENERAL
POWERS OF THE CITY MANAGER
36 Without restricting any other power, duty or function granted by this bylaw or the
Safety Codes Act the City Manager may:
(a)
carry out any inspections to determine compliance with this bylaw;
(b)
take any steps or carry out any actions required to enforce this bylaw;
(c)
take any steps or carry out any actions required to remedy a
contravention of this bylaw;
(d)
establish forms and agreements for the purposes of this bylaw;
(e)
issue permits with such terms and conditions as are deemed appropriate;
(f)
establish the criteria to be met for a permit issued pursuant to this bylaw;
(g)
require the execution of agreements by applicants for certain permits as a
condition of granting the permit;
(h)
require an applicant to post a bond as a condition of granting a permit;
(i)
place a valuation on a project for the purpose of calculating any fees for a
permit; and
0)
delegate any powers, duties or functions under this bylaw to an employee
of the City.
EMERGENCY
37 The City Manager may add any expenses incurred to remove or reduce
an 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, to the tax roll for the property where the danger was identified.
PROOF OF PERMIT
38 The onus of proving a permit has been issued in relation to any activity otherwise
regulated, restricted or prohibited by this bylaw is on the person alleging the
existence of such a permit on a balance of probabilities.
Bylaw No. 939-2016
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PROOF OF EXEMPTION
39 The onus of proving that a person is exempt from the provisions of this bylaw
requiring a permit in on the person alleging the exemption on a balance of
probabilities.
CERTIFIED COPY OF RECORD
40 A copy of a record of the City, certified by the City Manager as a true copy of the
original, shall be admitted in evidence as prima facie proof of the facts stated in
the record without proof of the appointment or signature of the person signing it.
LEGAL DUTY
41 Nothing in this bylaw, including any inspections and approval conducted pursuant
to this bylaw, relieves any person of their legal duty to comply with the Safety
Codes Act, the Regulations and this bylaw.
REPEALS
42 The following bylaws are repealed:
(a)
319-93 -- Plumbing & Service Connection Permit Bylaw
(b)
320-93 -- Building Permit Bylaw
(c)
364-96 -- Gas Systems Permits Bylaw
(d)
375-96 -- Electrical Permits Bylaw
HEADINGS
43 The headings in this bylaw are for reference purposes only.
44 This Bylaw shall come into force and effect on January 1, 2017.
READ A FIRST TIME IN COUNCIL THIS 51H DAY OF DECEMBER, 2016.
READ A SECOND TIME IN COUNCIL THIS 5TH DAY OF DECEMBER, 2016.
UNANIMOUSLY AGREED TO PRESENT BYLAW 939-2016 FOR THIRD
READING.
READ A THIRD TIME IN COUNCIL AND FINALL THIS 5TH Y OF
DECEMBER, 2016.
reg Krischke
MAYOR
Sandra Davis
CITY CLERK
Date Signed