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BYLAW # 3-19
VILLAGE OF BELLE PLAINE
A BYLAW OF THE VILLAGE OF BELLE PLAINE RESPECTING BUILDINGS
The municipality of the Village of Belle Plaine in the Province of Saskatchewan enacts as follows:
SHORT TITLE
1. This bylaw may be cited as the Building Bylaw.
INTERPRETATION/LEGISLATION
(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 municipal official.
(4)
"Local authority" means the Village of Belle Plaine.
(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
2. (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), reference and requirements in the Administrative Requirements
respecting matters regulated by the Act and Regulations shall not apply.
(3)
Notwithstanding subsection (1), reference and requirements in the Administrative Requirements
respecting "occupancy permits" shall not apply except as and when require by the local
authority or its authorized representative.
GENERAL
3. (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 fail 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 it 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 agreements, bylaw, act and/or regulation affecting the site described in the
permit.
BUILDING PERMITS
4. (1)
Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a
building shall be in In a form provided by the local authority., 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 it 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 requirement if this bylaw, the
local authority, upon receipt of the prescribed fee, shall issue a permit in a form provided by the
local authority. 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 if 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 building permit fee will be based on the fees charged by the service provider for plan
review, field inspections and enforcement services for construction, erection, placement,
alteration, repair, renovation or reconstruction of a building greater than ten (10) square meters
(100 sqft) shall be based on the fee schedule charged by the local authority's building inspector
with the addition of fifty dollars ($50) administration fee.
(6)
Approval in writing form the local authority or authorized representative is required for any
deviation, omission or revision to work for which a permit has been issued under this section.
(7)
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 twelve months, or
(c)
if work is suspended for a period of linger than twelve months by prior written agreement
of the local authority or its authorized representative.
(8)
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.
(9)
Fabric covered buildings including a freestanding structure are defined as a structure with a
flexible or rigid sheathing material such as fabric, canvas, rubber, plastic, wood, metal or glass
used as a workspace or for the enclosure and/or storage of property, vehicles, animals or
persona and not intended as a dwelling.
a)
The applicant shall be responsible for ensuring that the fabric covered building is
maintained in good condition, free from evidence of deterioration, weathering,
discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.
b)
The construction, erection, placement, alteration, repair, renovation or reconstruction of
a fabric covered building will require a waiver of liability signed by the owner of the unit
prior to construction, erection, placement, alteration, repair, renovation or reconstruction.
c)
A form provided by the local authority will be completed as part of the building permit
requirement.
DEMOLITION OR REMOVAL PERMITS
5. (1)
(a)
The fee for a permit to demolish or removal a building shall be $25.00
(b)
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.
Demolition or removal deposit fee is $500.00
(c)
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
a portion thereof, shall be refunded.
(2)
Every application for a permit to demolish or remove a building shall be in a form provided by
the local authority.
(3)
Where a building is to be demolished and the local authority or it 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 a form provided by the local
authority..
(4)
Where a building is to be removed and the local authority or it 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 a form provided by the local authority..
(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 if this bylaw, the local authority, upon receipt of the fee and deposit prescribed,
shall permit for the removal is In a form provided by the local authority..
(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 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 written application to the local authority.
ENFORCEMENT OF BYLAW
6. (1)
If any building or part thereof or addition thereto is constructed, erected, placed, altered,
repaired, renovated or reconstructed in contravention of any provisions of this bylaw, the local authority
or its 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 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 (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.
SPECIAL CONDITIONS
7. (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 it 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 elevation will not bring the building or an adjacent building into contravention of this bylaw.
(4)
It shall be the responsibly of the owner to arrange for all permits, inspections and cert5ificates
required by other applicable bylaws, acts and regulations.
PENALTY
8. (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.
REPEAL
That Bylaw # 4-18 be repealed.
______________________________
Mayor
Certified a true copy of Bylaw No. 3-19
Adopted by resolution of Council, at the
meeting held on January 14th, 2019
______________________________
______
Clerk/Administrator
Clerk/Administrator