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BYLAW 2440/D&P/11
EING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF
ALBERTA TO REGULATE THE ISSUANCE OF PERMITS FOR THE USE,
OCCUPANCY OR CONSTRUCTION OF BUILDINGS
WHEREAS the Safety Codes Act, being Chapter S-1, Revised Statutes of Alberta 2000, and amendments
thereto authorizes a municipality to pass a Bylaw to carry out the municipality's powers and duties under
the ct and Regulations under the Act.
(s. 66 SCA 2000)
REAS this Bylaw shall be subject to the provisions of the Safety Codes Act, being Chapter S-1,
Rev ed Statutes of Alberta 2000, and amendments thereto, and Regulations and Codes under the Act.
NO
THEREFORE Town Council hereby establishes the following rules and regulations.
1.0.
Title
1.1.
This Bylaw may be cited as "The Building Permit Bylaw", and will be referred to herein as "this
Bylaw".
2.0.n Definitions
In tl~s Bylaw
2.1.fl
Act" means The Safety Codes Act, being Chapter S-1, Revised Statutes of Alberta 2000, as
amended from time to time and any regulations, codes, or standards made pursuant to the Safety
Codes Act.
2.2.
"Town Council" means Council for the Town of Stony Plain.
2.3.
"Permit" means Building Permit.
2.4.
"Regulations" means Regulations passed pursuant to the Act.
2.5.
"Safety Codes Officer" means an individual designated as a Safety Codes Officer under section
31 of the Safety Codes Act.
2.6.
"Town" means the Town of Stony Plain.
2.7.
Capitalized terms used in this Bylaw shall have the meaning given to them in the Act, unless
specifically defined in this Bylaw.
3.1.
Scope
The provisions of this Bylaw shall apply to the administration and enforcement of the Act and
Regulations, codes and standards under the Act for the building discipline within the Town of
Stony Plain.
3.2.
Administration
This Bylaw shall be administered by the Safety Codes Officer or Officers designated by an
Administrator and appointed by the Town, as well as by Safety Codes Officers employed by
Accredited Agencies which may be contracted with the Town to administer a portion of the Act.
3.3.
Application for Permit
1) Where applicable under the regulations of the Town of Stony Plain's Land Use Bylaw, and
amendments thereto, a Development Perniit must be obtained prior to obtaining a Building
Permit.
2) Application and issuance of a Building Permit will be done in accordance with the Safety
Codes Act, the Permit Regulations, Alberta Building Code and the Town's Uniform Quality
Management Plan, as amended from time to time.
B
AW 2440/D&P/11
PA E2
3) Where regulated by the Alberta Building Code, Building Permits are required for the
construction of a building, including the renovation or addition to a building; and a change in
occupancy of a building.
4) Application for a Building Pernut must be made using the Town of Stony Plain's official
Development and Building Pernut Application and pernut applications must be complete in
full, including, but not liinited to:
a) Applicant, contractor and owner names, mailing address, and telephone number;
b) Project municipal and legal address;
c) A description of the proposed undertaking, state the use or proposed use of the premises
and type of occupancy;
d) The signature of the applicant;
e) Date of the application;
f) Estimated value of construction of the project; and
g) Permit fees as set out in the Fees and Charges Schedule as approved by Town Council.
5) The following documentation must be submitted with the Building Pernut application:
a) Surveyed plot plan showing lot dimensions, building pocket, location and dimensions of
proposed structure, setbacks to property lines, grading elevations, and any existing
structures on the property;
b) Current Certificate of Title verifying ownership;
c) If application is made by someone other than the landowner, written landowner consent
may be required;
d) Two sets of construction drawings, drawn to scale and clearly legible;
e) Any letters and schedules required under the Alberta Building Code;
f) Any documents signed and sealed by a registered Architect and/or Professional Engineer
if professional involvement is required by the Alberta Building Code;
g) Each set of drawings, letters, and schedules will include the project address, and the
name, address and telephone number of the organization(s) that prepared the documents;
and
h) If required by the Safety Codes Officer, computations, test results and all other evidence
deemed necessary to show that the work will be in accordance with the Act.
6) A Safety Codes Officer may issue a Building Pernut if it complies with the requirements of
the Act and will:
a) Complete a review of the construction documents in accordance with the requirements of
the Alberta Building Code and prepare a plans review report.
b) Stamp the documents reviewed "EXAMINED" with the Safety Codes Officer's name,
designation number and signature.
c) Circulate the drawings to other departments within the Town of Stony Plain and the
Province of Alberta to check for compliance with orders, regulations or bylaws under
their jurisdiction where necessary.
d) Retain one set of the examined plans, specifications, and computations. One set of
examined plans, specifications and computations shall be retumed to the applicant and
shall be kept at the work site at all times during which the work authorized thereby is in
progress, and shall be made available to the Safety Codes Officer.
7) The Safety Codes Officer may issue a permit for part of the work before the entire plans and
specifications for the complete work have been submitted or examined if adequate
information and detailed statements have been filed in accordance with the provisions of the
Act and this Bylaw.
a) The holder of a permit for part of the work may proceed at his/her own risk without
assurance that a pernut for the remainder of the work will be granted.
Change in Scope of Work. Deviation from Pernut Conditions
1) No person shall deviate from the approved scope of work and conditions of a pernut, unless
they receive written authorization from the Safety Codes Officer.
2) Amended documentation may be required to be submitted for review by the Safety Codes
Officer prior to continuing the undertaking.
!
BY .AW 2440/D&P/11
PAGE 3
3.5.Çl Inspections
Inspections will be conducted in accordance with the Act, including, but not limited to those
inspections referred to in the Town's Uniform Quality Management Plan.
3.6.
Permit Refused, Cancelled, Suspended, Expired
1) The Safety Codes Officer may refuse, cancel, suspend or expire a Building Permit in
accordance with the Act.
2) A person whose permit is refused, cancelled, or suspended may appeal to the Council in
accordance with the Act and the bylaws of the Council.
3) A Building Permit shall expire in accordance with the Regulations, and in any event a
Building Permit will expire one year from the date of issuance by the Safety Codes Officer.
4) The Safety Codes Officer may, in writing, and on the written request of the applicant, extend
the Building Permit for an additional fixed period of time that the Safety Codes Officer
considers appropriate.
3.7.
Permit Transfer, Termination
1) A Building Permit may only be transferred in accordance with the Regulations under the
Safety Codes Act.
2) Request to transfer of a permit must be made by the permit holder in writing, specifying:
a) Reasons for the request to transfer the permit;
b) The date the new permit holder will assume responsibility for the undertaking; and
c) The stage that the new permit holder will be responsible for the undertaking.
3) Inspections must be complete to the stage that the permit is to be transferred.
4) No permit will be transferred at the request of anyone other than the current permit holder. If
the lands change hands during the undertaking, and for whatever reason the permit holder is
unwilling to request the transfer of the permit, the new owner will be required to apply for a
new Building Permit.
3.8.
Occupancy
1) Changes in the use or occupancy of a building shall not be made except in accordance with
the provisions of the Act and the Town of Stony Plain's Land Use Bylaw and amendments
thereto.
2) No building shall be used or occupied and no change in the existing occupancy classification
of a building shall be made until applicable permits are in place and occupancy has been
granted by the Safety Codes Officer.
3) No building which is subject to a Building Permit shall be occupied or used for its intended
purpose until the Safety Codes Officer has completed a Final Inspection which confirms that
the undertaking has been completed without deficiencies, or is subject only to such minor
deficiencies as do not, in the opinion of the Safety Codes Officer, pose a safety threat or
threat of imminent danger to an occupant. The report of the Final Inspection confirming
completion in accordance with this Article 3.8.0 shall constitute perxnission to occupy the
building.
3.9
Fees
Fees shall be charged in accordance with the annual "Fees and Charges Schedule" as approved by
Town Council.
d n
-;o~
4.1
~
Any person who contravenes the Safety Codes Act remains subject to the penalties set forth in the
Act.
Any person who proceeds with an undertaking for which a permit is required under the Act
without first obtaining the required permit, may be subject to a penalty as set forth within the Fees
and Charges Schedule as approved by Town Council.
BY
W 2440/D&P/11
PAE4
5 . 1Áj The Safety Codes Officer is authorized to enact and enforce any and all parts of the Safety Codes
Act and Regulations which fall under his/her designation under the Act and the terms of his/her
employment.
The Safety Codes Officer is authorized to enact and enforce the provisions of this Bylaw.
6.0.0 Effective
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the
invalid portion must be severed and the remainder of the Bylaw is deemed valid.
Bylaw 920 and amendments thereto are hereby repealed.
This Bylaw shall take full force and effect upon third and final reading upon signing in
accordance with Section 213, Municipal Government Act, Revised Statutes of Alberta 2000.
a first time this 12th day of December, AD 2011.
a second time this .12"' day of December, AD 2011.
Gi
unanimous consent this 12th day of December, AD 2011.
a third time this 12~ day of December, AD 2011.
oui
rostad, CMA, CLGM
Director, Finance and Administration