Bylaw No. 272-17 - Building Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot db3cc6e32558 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

r ## SCOPE 3. (1) This bylaw applies to matters governed by the Act and the Regulations, including National Building Code of Canada, and the Administrative Requirements. - (2) Notwithstanding subsection (1), references and requirement in the Administrative Requirements respecting matters regulated by the Act and Regulations shall not apply. - (3) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting "occupancy permits" shall not apply except as and when required by the Local Authority or its Authorized Representative. ## Village Of Avonlea ## BYLAW NO. 272-17 ## A BYLAW RESPECTING BUILDINGS RECEIVED MAY 15 2018 BUILDING STANDARDS The Municipal Council of the Village of Avonlea in the Province of Saskatchewan enacts as follows: ## SHORT TITLE 1. This bylaw may be cited as the Building Bylaw ## INTERPRETATION/LEGISLATION 2. (1) "Act" means The Uniform Building and Accessibility Standards Act being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 and amendments. - (2) "Administrative Requirements" means The Administrative Requirements for Use with The National Building Code of Canada. - (3) "Authorized Representative" means a building official appointed by the Local Authority pursuant to subsection 6 (4) of the Act, or the municipal official. - (4) "Local Authority" means the Village of Avonlea and its elected Council. - (5) "Municipal official" means the administrator or their designate of the municipality. - (6) "Regulations" means the Uniform Building and Accessibility Standards Regulations made pursuant to the Act. - (7) "Value of construction" means the total costs to the owner for the building construction in its completed form and includes the cost of design, all building work, materials of construction, building systems, labor and profit of the contractor and subcontractors. - (8) "Definitions" contained in the Act and Regulations shall further apply in this bylaw. ## GENERAL 4. No person shall commence or cause to be commenced the construction, addition, alteration or renovation of a building or structure that requires a building permit without first having obtained a valid building permit from the local authority. - (1) A permit is required whenever work regulated by the Act and Regulations is to be undertaken. - (2) No owner or owner's agent shall work or authorize work or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done. - (3) The granting of any permit that is authorized by this bylaw shall not: 5. (a) entitle the grantee, his successor or assigns, or anyone on his behalf to erect any building that fails to comply with the requirements of any building restriction agreement, Bylaw, Act and/or Regulation affecting the site described in the permit, or 6. (b) make either the Local Authority or its Authorized Representative liable for damages or otherwise by reason of the fact that a building, the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use or occupancy of which has been authorized by permit, does not comply with the requirements of any building restriction agreement, Bylaw, Act and/or Regulation affecting the site described in the permit. - (4) An accessory building that is not greater than 100 square feet (10' × 10) in building area is exempt from this bylaw provided it does not create a hazard. - (5) Exterior decks, landings or raised walkways with a walking surface not higher than 2 feet (24") above grade/ground level are exempt from this bylaw. ## SPECIAL CONDITIONS 5. (1) Notwithstanding the requirements of the Regulations, an architect or professional engineer registered in the province of Saskatchewan shall be engaged by the owner for the design, assessment of design and inspection of construction or certification of a building or part of a building where required by the local authority or its authorized representative. - (2) A real property report of the site described in a permit or permit application prepared by a registered land surveyor shall be submitted by the owner where required by the local authority or its authorized representative. - (3) It shall be the responsibility of the owner to ensure that change in property lines and/or change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw. - (4) it shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable Bylaws, Acts and Regulations. ## BUILDING PERMITS - 6 (1) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a building shall be in Form A or (a form provided by the local authority), and shall be accompanied by a pdf copy or two sets of the plans and specifications of the proposed building, except that when authorized by the local authority or its authorized representative plans and/or specifications need not be submitted. (2) If the work described in an application for building permit, to the best of the knowledge of the local authority or its authorized representative, complies with the requirements of this bylaw, the municipal official, upon receipt of the prescribed fee, shall issue a permit in Form B or (a form provided by the local authority). - (3) The local authority may, at its discretion, have plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by building officials designated by the minister to assist the local authority pursuant to subsection 4(4) of the Act. - (4) The local authority may, at its discretion, have plan review, inspection and other services provided by a person, firm or corporation employed under contract to the local authority. - (5) The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building shall be based on the following: 4. (a) A permit administration fee of 10% of the service provider fee for the processing, handling and issuance of a building permit; plus 5. (b) The service fees for plan review, field inspection of construction and enforcement services in accordance with the agreement between the provider of building official services and the local authority; plus 6. (c) A maintenance fee charged by the Saskatchewan Assessment Management Agency. 7. (d) All permit fees will be collected prior to the permit being issued and subject to applicable taxes. (6) The local authority may estimate the value of the construction costs for the work described in an application for building permit, for the purpose of evaluating a permit fee based on the definition of value of construction as per subsection 2(7). - (7) Approval in writing from the local authority or its authorized representative is required for any deviation, omission or revision to work for which a permit has been issued under this section. - (8) All permits issued under this section shall expire: 3. (a) 12 months from date of issue; or 4. (b) six months from date of issue if work is not commenced within that period; or 5. (d) if work is terminated and there is written approval from the local authority or its Authorized Representative. 6. (c) if work is suspended for a period of six month; or longer, unless there is prior written approval from the local authority or its authorized representative of such suspension or (9) Where a permit has expired as per subsection 6. (8) the owner can make application to the local authority for the renewal of the permit application. Such renewal may be subject to a building permit renewal fee equal to fees required in subsection 6. (5) or some alternate renewal fee. - (10) The local authority may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued, or where other exceptional circumstances occur. ## DEMOLITION OR REMOVAL PERMITS 7. - (1) (a) The fee for a permit to demolish or remove a building shall be $ 500.00. 2. (b) (i) In addition, the applicant shall deposit with the municipal official the following sum to cover the cost of restoring the site after the building has been demolished or removed to such condition that it is, in the opinion of the local authority or its authorized representative, not dangerous to public safety. ## Demolition or Removal Deposit $500.00 - (ii) If the applicant who demolishes or removes the building restores the site to a condition satisfactory to the authorized representative, the sum deposited, or portion thereof, shall be refunded. - (2) Every application for a permit to demolish or remove a building shall be in Form Cor (a form provided by the local authority). - (3) Where a building is to be demolished and the municipal official is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the municipal official, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition in Form D or (a form provided by the local authority). - (4) Where a building is to be removed from the geographical jurisdiction of the local authority, and the municipal official is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the municipal official, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form D or (a form provided by the local authority). - (5) (a) Where a building is to be removed from its current site and set upon another site in the geographical jurisdiction of the local authority, and the municipal official is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, and the building when placed on its new site and completed, to the best of the knowledge of the local authority or its authorized representative, will conform with the requirements of this bylaw, the municipal official, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form D or (a form provided by the local authority). - (b) In addition, the municipal official, upon receipt of the fee prescribed in subsection 6(5), shall issue a permit for the placement of the building in Form B or (a form provided by the local authority. - (6) All permits issued under this section expire six months from the date of issue except that a permit may be renewed for six months upon approval by the local authority. ## ENFORCEMENT OF BYLAW  8. (1) If any building or part thereof or addition thereto is constructed, erected, placed, altered, repaired, renovated or reconstructed in contravention of any provision of this bylaw the authorized representative may take any measures as permitted by Part V of the Act for the purpose of ensuring compliance with this bylaw including, but not limited to: - (a) entering a building, - (b) ordering production of documents, tests, certificates, etc. relating to a building, - (c) taking material samples, - (d) issuing notices to owners that order actions within a prescribed time, - (e) eliminating unsafe conditions, - (f) completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and - (g) obtaining restraining orders. - (2) If any building, or part thereof, is in an unsafe condition due to its faulty construction, dilapidated state, abandonment, open or unguarded condition or any other reason, the authorized representative may take any measures allowed by subsection (1). - (3) The owner of a building for which a permit has been issued or for which actions are being taken in compliance with an order shall give notice in writing to the local authority as required in Section 17.2 of the Act including, but not limited to: - (a) on start, progress and completion of construction, - (b) of change in ownership prior to completion of construction, and - (c) of intended partial occupancy prior to completion of construction. ## PENALTY 9. (1) Any person who contravenes any of the provisions of this bylaw shall be liable to the penalties provided in Section 22 of the Act. ## REPEALED 10. That Bylaw No. 203-94 is hereby repealed. - (2) Conviction of a person or corporation for breach of any provision ef this bylaw shall not relieve the person from compliance herewith. INCORPORATED 1913 * SASKATCHEN Enacted pursuant to Section 14 of The Uniform Building and Accessibility Standards Act Mayor Certified a true copy of the original which has not been altered in any way. Dated at Avonlea, Saskatchewan this Jarmie Paranuck Administrator APPROVED n accordAnce with Clause 23.1(3)(a) o The untom a hang the recola bily standards act /Executive Director Building Standards and Licensing Ministry of Govemment Relations AS 13 j2018