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Bylaw 44-2003
Page 1 of 13
BYLAW 44-2003
(CONSOLIDATED ON AUGUST 24, 2004)
A BYLAW OF STRATHCONA COUNTY TO ADMINISTER THE SAFETY CODES
ACT BEING REVISED STATUTES OF ALBERTA 2000 CHAPTER S-1 AS IT
RELATES TO THE BUILDING, ELECTRICAL, GAS AND PLUMBING
DISCIPLINES.
WHEREAS Strathcona County is an accredited municipality pursuant to Order No.
000000491 and the Safety Codes Act, Revised Statutes of Alberta 2000 Chapter S-
1, as amended;
NOW THEREFORE the Council of Strathcona County duly assembled, hereby
enacts as follows:
SECTION 1: TITLE
Short Title
1.1
This Bylaw may be cited as the "Safety Codes Bylaw".
SECTION 2: GENERAL
Definitions
2.1
Words and phrases used in this Bylaw which are
specifically defined in the Act, Regulations under the Act,
or in this Bylaw shall bear the meaning expressed in the
definition. Words and phrases used in this Bylaw which
are not so defined shall have the meanings which are
commonly assigned to them in the context in which they
are used in this Bylaw, taking into account the specialized
use of terms within the various trades and professions to
which the terminology applies.
2.2 Whenever used herein:
2.2.1
"Act" means the Safety Codes Act, Revised
Statutes of Alberta 2000 Chapter S-1, as
amended, and any Regulations passed pursuant
to that Act;
2.2.2
"Council" means the Council of Strathcona
County;
2.2.3
"County" means Strathcona County, its officers,
employees and its successors under law;
2.2.4
"County Engineer" means the Manager of
Engineering & Environmental Planning Services
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of the County responsible for the development,
implementation and enforcement of Engineering
Standards, Policies and Practices or whatever
subsequent title may be conferred on that
individual by Council.
2.2.5
"Designated Permit Issuer" means a person
employed or engaged by the County and
designated by an Administrator to issue Permits
under the Act.
2.2.6
"Fees and Charges Bylaw" means Bylaw
#134-2002, a bylaw of Strathcona County to
establish fees and charges for the provision of
Permits and services, as amended or replaced
from time to time.
2.2.6(a) "Low-Flow Plumbing Fixture" means, as
applicable, a CSA certified water closet with a
rated flush capacity of not more than 6 litres per
flush, or a CSA certified showerhead with a flow
capacity of not more than 9.5 litres per minute.
(S.1.1, Bylaw 82-2004, August 24, 2004)
2.2.7
"Occupancy" means the use or intended use of
a Building or part thereof for the shelter or
support of Persons, animals or property.
2.2.8
"Permit" means an authorization in writing by a
Safety Codes Officer or Designated Permit Issuer
to perform work regulated by this Bylaw;
2.2.9
"Person" means an individual, partner,
corporation, firm society, co-operative or other
incorporated legal entity and their respective
heirs, executors, administrators, successors and
assigns, as the case may be;
2.2.10
"Quality Management Plan" means the
Uniform Quality Management Plan as it relates to
the disciplines of Building, Electrical, Gas and
Plumbing, as approved by an Administrator, and
as amended from time to time;
2.2.11
"Regulations" means Regulations passed
pursuant to the Act;
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2.2.12
"Safety Codes Officer" means the Person or
Persons designated by an Administrator and
appointed by the County to act as a Safety
Codes Officer or Persons designated by an
Administrator and employed as Safety Codes
Officers by accredited agencies which may
contract from time to time with the County to
administer a portion of the Act within the
County.
2.2.13
"Surface Drainage Bylaw" means Bylaw #17-
2001, a Bylaw of Strathcona County to regulate
and control surface drainage within Strathcona
County, as amended or replaced from time to
time.
2.2.14
"Surface Drainage Plan" means a plan that
establishes grades, surface elevations, storm
water management and discharge control
requirements for a site, in compliance with
requirements set out in the site grading
guidelines and engineering standards, duly
sealed and signed by a Professional Engineer.
Scope
2.3
This Bylaw applies to the administration and enforcement
of the Act within the County for the disciplines of Building,
Electrical, Gas, and Plumbing.
Quality
Management
Plan
2.4
The Quality Management Plan is meant to reflect the
intention on the part of the County to exercise its powers
and perform its duties under the Act in good faith. Nothing
in the Quality Management Plan shall be taken to derogate
from any defence afforded to the County, its employees,
officers, or Administrators by virtue of any statute as
amended from time to time and without restricting the
generality of the foregoing by virtue of the Act, and the
Municipal Government Act, RSA 2000, C. M-26.
SECTION 3: ADMINISTRATION
Administration 3.1
This Bylaw shall be administered by the Safety Codes
Officer or Officers designated by an Administrator and
appointed by the County as well as by Safety Codes
Officers employed by accredited agencies which may
contract from time to time with the County, to administer
a portion of the Act within the County.
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3.2
Subject to the terms of his or her designation by an
Administrator, and to the provisions of the Act, a Safety
Codes Officer may administer and enforce the provisions of
this Bylaw, and is authorized to do all things necessary and
necessarily incidental to such administration and
enforcement.
SECTION 4: FEES
4.1
Fees to be charged by the County for services rendered
and the application for or issuance of any Permits shall be
as set out in the Fees and Charges Bylaw.
SECTION 5: PERMITS REQUIRED
5.1
Every Owner shall, directly or through its Contractor obtain
all required Permits or approvals prior to commencing the
work to which they related.
Emergency
work
5.2
Notwithstanding 5.1, a Safety Codes Officer may allow
work that requires a Permit to proceed before a Permit is
obtained if, in the opinion of the Safety Codes Officer who
is designated authority to issue Permits in that discipline,
the work is required to be done on an emergency basis.
Building
Permits
Required
5.3
A Building Permit is required to carry out work to which the
Alberta Building Code applies, except that:
(a)
a Permit is not required for a building to be
constructed within a plant by a manufacturer
who has a quality assurance program acceptable
to an Administrator,
(b)
a Permit is not required for minor work of less
than $5000 in prevailing market value where
health, safety, or structural sufficiency is not
affected,
(c)
a Permit is required for a retaining wall
exceeding 1 meter in height.
Electrical
Permits
required
5.4
An Electrical Permit is required to carry out work to which
the Electrical Code applies, except in the case of:
(a)
electric railways and motor car wiring, car
houses and passenger and freight stations used
in the operation of electric railways that are
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supplied with electric current from a railway
power circuit,
(b)
aircraft,
(c)
the facilities directly associated with the
operation of mines to which the Coal Mines
Safety Act or the Quarries Regulation Act apply,
(d)
self propelled marine vehicles,
(e)
recreational vehicles or mobile homes
manufactured on a repetitive assembly line and
approved by an acceptable certification agency,
(f)
electrical installations related to an elevating
device,
(g)
extra low voltage, Class 2 electrical circuits
unless they are safety control circuits or circuits
installed in areas classified as hazardous in the
Electrical Code, or
(h)
electrical work performed in replacing fuses,
receptacles, switches and utilization equipment
with proper units of a similar type where the
replacement can be made without other
modifications.
Plumbing,
Private
Sewage
Permits
required
5.5
A Permit is required to install, renew, remove, or change
any plumbing equipment or a plumbing system except for
the repair or maintenance of a plumbing system or private
sewage disposal system or the renewal or change of any
fixture, water heater, faucet, trap, valve, septic tank, or
cistern, if there is no change to the piping system.
Gas Permits
required
5.6
A Permit is required to install, alter or make an addition to
any gas installation except:
(a)
alternate or principal carburetion on a motor
vehicle,
(b)
to provide conditioned air in a cargo transport
unit,
(c)
for a gas appliance in or on a recreational
vehicle,
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(d)
a replacement of a gas dryer or gas range if
there is no design change made to the gas
piping or venting system,
(e)
within a mobile home that is being manufactured
on a production line and is subject to a quality
assurance program acceptable to an
Administrator,
(f)
a connection to replace a residential water
heater or a residential heating appliance with a
unit of a similar type,
(g)
a relocation, by a gas utility company, of a
natural gas meter from the interior to the
exterior of a building, or
(h)
or a new or replacement liquefied petroleum
tank with a capacity of not more than 300 litres,
including the service line.
SECTION 6: PERMIT ELIGIBILITY AND CONDITIONS
Application
requirements
6.1
A person making a Permit application must do so in a form
satisfactory to the County and the application must
include:
(a)
the property address and legal description at
which the work is to be performed,
(b)
the name and address of the applicant and the
owner,
(c)
the prevailing market value of the work if
required by the County to calculate the cost of
the Permit,
(d)
information satisfactory to a Safety Codes Officer
describing the proposed work,
(e)
the signature of the applicant, or the certificate
number and name of the contractor for Permits
where the contractor is required to have a
certificate of competency under the Act, and
(f)
the applicable fee.
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Permit
eligibility
6.2
A person is eligible for a Permit as follows:
(a)
in the Building discipline; the Owner, or an Agent
of the Owner, of the property to which the work
applies,
(b)
in the Electrical discipline; a Master Electrician, a
Journeyman Electrician for work related to a
service of not more than 100 amps, or the
Homeowner if they reside in the single family
residential premises to which the work applies
and are doing the work themselves,
(c)
in the Plumbing discipline for work other than a
Private Sewage System or service connection; a
Journeyman Plumber, or the Homeowner if they
reside in the single family residential premises to
which the work applies and are doing the work
themselves,
(d)
in the Plumbing discipline for a Private Sewage
System; a Journeyman Plumber, a certified
Private Sewage System installer, or the
Homeowner if they reside in the single family
residential premises to which the work applies
and are doing the work themselves.
(e)
in the Gas discipline, a Journeyman Gasfitter, or
the Homeowner if they reside in the single family
residential premises to which the work applies
and are doing the work themselves.
Permit expiry
6.3
A Permit expires:
(a)
if the work does not commence within 90 days of
the date of issue of the Permit,
(b)
if the work is suspended or abandoned for a
period of 120 days at any time after the work is
commenced, or
(c)
one year from the date of issue of the Permit.
Permit
renewal
6.4
Exceptions to the Permit expiry provisions of 6.3 may be
made at the discretion of a Safety Codes Officer, in writing.
Transfer of
permits
6.5
At the discretion of a Safety Codes Officer, a Permit may
be renewed for an additional term. Permits renewed in
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this manner shall be subject to a Permit renewal fee as
provided for in the Fees and Charges Bylaw.
6.6
A Permit is not transferable to any other person unless the
transfer is authorized by written permission of a
designated Safety Codes Officer.
SECTION 7: PERMIT ADMINISTRATION
7.1
Where a Development Permit is required, a Building Permit
shall not be issued prior to issuance of a valid
Development Permit, except in exceptional circumstances
at the discretion of the Manager of Planning and
Development Services.
7.2
Where a Development Permit or Building Permit is required
an Electrical Permit shall not be issued prior to the
issuance of the Development Permit and Building Permit,
except in exceptional circumstances at the discretion of an
Electrical Safety Codes Officer.
7.3
Where a Development Permit or Building Permit is required
a Plumbing Permit shall not be issued prior to the issuance
of the Development Permit and Building Permit, except in
exceptional circumstances at the discretion of a Plumbing
Safety Codes Officer.
7.4
Where a Development Permit or Building Permit is required
a Gas Permit shall not be issued prior to the issuance of
the Development Permit and Building Permit, except in
exceptional circumstances at the discretion of a Gas Safety
Codes Officer.
7.5
On a site required to have a Surface Drainage Plan
pursuant to the Surface Drainage Bylaw, a Building Permit
shall not be issued prior to approval of a Surface Drainage
Plan by the County Engineer, except in exceptional
circumstances at the discretion of a Building Safety Codes
Officer.
7.6
A Building Safety Codes Officer may issue, at the risk of
the Owner, a Building Permit, with conditions to ensure
compliance with this Bylaw and any other applicable
legislation, to excavate or to construct a portion of a
Building before all the plans of the project have been
submitted or accepted by a Building Safety Codes Officer.
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7.7
A Safety Codes Officer may issue a Permit for the whole
project prior to work commencing thereon, conditional
upon the submission of additional information not available
at the time of issue.
7.8
A Safety Codes Officer or Designated Permit Issuer, in his
or her absolute discretion, may refuse to issue any Permit:
(a)
whenever information submitted is inadequate to
determine compliance with the provisions of this
bylaw;
(b)
whenever incorrect information is submitted;
(c)
that would authorize any Building, work or
Occupancy that would not be permitted by this
Bylaw or that would be prohibited by any other
regulation.
7.9
A Safety Codes Officer or Designated Permit Issuer, with
written endorsement from the Manager of Planning and
Development Services, may refuse to issue a Permit to a
Person having unresolved health, safety, or structural
deficiencies with respect to any other code, bylaw or
Permit.
7.10 A Safety Codes Officer may refuse to issue a Permit for
work for a proposed construction method or system that in
the opinion of the Safety Codes Officer may pose a health,
safety, or environmental concern.
7.11 A Safety Codes Officer may suspend or cancel a Permit
upon written notice to the Permit holder where:
(a)
there is a contravention of any condition under
which the Permit was issued;
(b)
the Permit was issued in error;
(c)
the Permit was issued on the basis of inadequate
or incorrect information; or
(d)
the thing, process or Activity for which the
Permit was issued does not comply with the Act.
7.12 A Safety Codes Officer may require, as a condition to a
Permit, work or construction methods that exceed the
minimum requirements of Regulations pursuant to the Act,
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when in the discretion of the Safety Codes Officer, such
work or construction methods are necessary to ensure that
work will meet the intent of Regulations pursuant to the
Act.
7.13 Low-Flow Plumbing Fixtures shall be required for all water
closet and showerhead installations pursuant to all
plumbing permits issued after December 31, 2004.
(S.1.2, Bylaw 82-2004, August 24, 2004)
SECTION 8: SERVICE CONNECTIONS
Water Utility
Connection
8.1
The operator of a public water supply system shall not
connect the water service from the public water supply
system to any new plumbing system until the Permit
issued in respect of that plumbing system is presented to
the operator of the public water supply system.
Gas Utility
Connection
8.2
A gas supplier shall not connect or supply gas to any new
installation until the Permit issued in respect of that gas
installation is presented to the gas supplier.
Electrical
Utility
Connection
8.3
A supply authority shall not connect or allow its electrical
system to be connected to a consumer's electrical
installation until the supply authority has received a copy
of, or confirmation of, a Permit issued in respect of the
consumer's electrical installation.
SECTION 9: INSPECTIONS
General
9.1
The County and its Safety Codes Officers shall conduct
inspections to assure compliance with the Act and pursuant
codes and regulations to ensure the health and safety of
the public respecting work conducted under the Act.
Contractual issues or workmanship issues related to
aesthetics are not covered under the Act and pursuant
codes and regulations, and are not part of the mandate of
the County and its Safety Codes Officers.
No Warranty
on
Inspections
9.2
The County and its Safety Codes Officers shall conduct
inspections in good faith in an effort to administer and
enforce the Act, but these inspections are in no way taken
to be a guarantee or warranty of compliance with the Act
or any related legislation.
9.3
The County and its Safety Codes Officers shall endeavour
to conduct all inspections as required in the County's
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Quality Management Plan, but there is no guarantee or
warranty that all such inspections shall be conducted.
9.4
The County, subject to its obligations under the Act, may
from time to time, taking into account social and economic
factors including available resources and the various
demands made upon those resources, make planning and
policy decisions respecting the level of allocation of
resources to the administration of the Act which may affect
its operational performance in regard to the frequency of
and extent to which inspections are made under this
Bylaw.
SECTION 10: UNSAFE CONDITIONS
10.1 No Owner or Contractor involved in any work for which a
Permit is required shall cause, allow or maintain any
unsafe condition.
10.2 When a Building or part thereof, or where a thing, process
or Activity to which this Act applies is in an unsafe
condition, the Owner or Contractor shall forthwith take all
necessary Action to put the Building, thing, process or
Activity in a safe condition.
10.3 An Owner or Person designated in the Regulations shall, if
required by the Regulations, forthwith report to the County
any thing, process or Activity under the administration of
the County pursuant to this Act where there is an unsafe
condition, accident or fire.
SECTION 11: RESPONSIBILITIES AND OBLIGATIONS
General
11.1 Any Owner or Contractor who knowingly submits false or
misleading information contravenes this Bylaw.
11.2 Every Owner shall make, or have made at his own
expense, the tests or inspections 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.
11.3 Every Owner 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.
11.4 Every Owner is responsible for the cost of repair of any
damage to public property or works located thereon that
Bylaw 44-2003
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may occur as a result of undertaking work for which a
Permit was required.
11.5 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.
11.6 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 County of the fitness or
suitability of any plans, designs or construction to meet the
Owner's purposes.
SECTION 12: AUTHORITY OF THE COUNTY
12.1 A Safety Codes Officer may exercise any and all powers
give 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 or part thereof
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.
SECTION 13: VIOLATIONS
13.1 Without in any way limiting any penalties or remedies
which may be available to the County pursuant to the
Municipal Government Act, any Person who contravenes
the Act remains subject to the penalties set forth in the
Act.
13.2 Under no circumstances shall any Person contravening any
provision of this Bylaw be subject to the penalty of
imprisonment.
SECTION 14: SEVERABILITY
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Page 13 of 13
14.1 Should any provisions of this bylaw be invalid, then such
invalid provisions shall be severed and the remaining
bylaw shall be maintained.
SECTION 15: REPEALS
15.1 Bylaws No. 4-97, and 28-97 and all subsequent
amendments are hereby repealed.
SECTION 16: EFFECTIVE DATE
16.1 This Bylaw shall come in effect upon receiving Third
Reading.
NOTE: Consolidation made under Section 69 of the Municipal Government Act,
R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief
Commissioner's authority.
Bylaw 44-2003, passed by Council November 4, 2003
Amendments
Bylaw 88-2004, August 24, 2004