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Building Bylaw
BYLAW NO. 5-2008
A BYLAW RESPECTING BUILDINGS
The Municipal Council of the Resort Village of Beaver Flat 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.
(3) Authorized representative" means a building official appointed by the
local authority pursuant to subsection 5(4) of the Act or the municipal
official.
(4) Local authority" means the Resort Village of Beaver Flat.
(5) Regulations" means regulations made pursuant to the Act.
(6) Definitions contained in the Act and Regulations shall apply in this
bylaw.
SCOPE OF THE BYLAW
3.
(1) This bylaw applies to matters governed by the Act and the
Regulations, including the National Building Code of Canada, and the
Administrative Requirements.
(2) Notwithstanding subsection (1), references and requirements 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.
GENERAL
4.
(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:
(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
(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.
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BUILDING PERMITS
5.
(1) Every application for a permit to construct, erect, place, alter,
repair, renovate or reconstruct a building shall be in Form A, and shall
be accompanied by 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 local
authority, upon receipt of the prescribed fee, shall issue a permit in
Form B and return one set of submitted plans to the applicant.
(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 fee schedule.
Building Permit Fee Schedule
All buildings and accessory uses - $25.00 per permit plus all fees
and costs for plan review and inspections as established by
Agreement with the Building Official appointed by the
Resort Village of Beaver Flat.
(6) The local authority may estimate the value of construction for the
work described in an application for building permit, for the purpose of
evaluating a permit fee, based on established construction costs, owner's
statement of costs or constructor's contract values, or similar methods
selected by the local authority.
(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 expire
(a) twelve months from date of issue if work is not commenced
within that period, or
(b) if work is suspended for a period of six months, or
(c) if work is suspended for a period of longer than six months by
prior written agreement of the local authority or its authorized
representative.
(9) 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.
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DEMOLITION OR REMOVAL PERMITS
6.
(1)
(a) The fee for a permit to demolish or remove a building shall be
$25.00.
(b) (i) In addition, the applicant shall deposit with the local
authority 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.
$1,000.00 - 90 days to complete restoration of site.
Further extension of 30 days may be granted by
Resolution of Council to complete restoration of the
site.
(ii) If the applicant, who demolishes or removes the building
restores the site to a condition satisfactory to the local
authority or its authorized representative, the sum deposited,
or portion thereof, shall be refunded.
(c) (i) In addition, a Building Permit shall be obtained and the
erection of a modern (or relocation of an existing) building on the
said land shall commence within twelve (12) months and shall be
fully completed with eighteen (18) months from the date of
acceptance by the Council of the Resort Village of beaver Flat.
(2) Every application for a permit to demolish or remove a building shall
be in Form C.
(3) Where a building is to be demolished and the local authority or its
authorized representative 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 local authority, upon receipt of the
fee and deposit prescribed, shall issue a permit for the demolition in
Form D.
(4) Where a building is to be removed from the local authority, and the
local authority or its authorized representative 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 local authority,
upon receipt of the fee and deposit prescribed, shall issue a permit for
the removal in Form D.
(5) (a) Where a building is to be removed from its site and set upon
another site in the local authority, and the local authority or its
authorized representative 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 local authority, upon receipt of the fee and deposit
prescribed, shall issue a permit for the removal in Form D.
(b) In addition, the local authority, upon receipt of the fee prescribed
in Section 5(5), shall issue a permit for the placement of the building
in Form B.
(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 written
application to the local authority.
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ENFORCEMENT OF BYLAW
7.
(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 local authority or its
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 local authority or its
authorized representative may take any measures allowed by subsection
(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.
SUPPLEMENTAL BUILDING STANDARDS
8. Void.
SPECIAL CONDITIONS
9.
(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 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) An up-to-date plan or survey 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.
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PENALTY
10. (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.
(2) Conviction of a person or corporation for breach of any provision of
this bylaw shall not relieve him from compliance therewith.
_______________________________
Enacted pursuant to Section 14 of
MAYOR
The Uniform Building and Accessibility
Standards Act
_______________________________
MUNICIPAL OFFICIAL
(Clerk)
"This Bylaw shall come into force and take effect on the date approved by the
Minister responsible for The Uniform Building and Accessibility Standards Act.
( S E A L)
Certified a true copy of bylaw number 5-2008
Adopted by resolution on 29th day of May, 2008
_______________________________________
Clerk
( S E A L )
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