Building Bylaw 05-2024 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot d15c25ea62a2 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BUILDING BYLAW ## Resort Village of Candle Lake BYLAW NO. 05-2024 A BYLAW RESPECTING BUILDINGS The Council of the Resort Village of Candle Lake in the Province of Saskatchewan enacts as follows: ## SHORT TITLE - 1 This bylaw may be cited as the Building Bylaw 05-2024. ## PURPOSE OF THE BUILDING BYLAW - 2 The purpose of this bylaw is to provide for the administration and enforcement of the Act, the regulations, the National Building Code of Canada, the National Energy Code of Canada for Buildings, ministerial interpretations, and Saskatchewan Construction Standards Appeal Board orders and building official orders within the local authority. ## INTERPRETATION / LEGISLATION - 3 Definitions contained in The Construction Codes Act, The Building Code Regulations and The Energy Code Regulations shall apply in this building bylaw. - "Act" means The Construction Codes Act. - "Architect" means a registered architect within the meaning of The Architects Act, 1996. "Building official" means a person who holds a building official licence. - "Competent person" means a person who is recognized by the local authority as having: - (a) a degree, certificate, or professional designation; or - (b) the knowledge, experience, and training necessary to design or review the design of a building. "Engineer" means a professional engineer, as defined by The Engineering and Geoscience Professionals Act, and includes the holder of a certificate of authorization granted pursuant to section 22 of that Act. "Local authority" means the Resort Village of Candle Lake "NBC" means the edition and provisions of the National Building Code of Canada, including revisions, errata, and amendments to it, declared to be in force pursuant to the Act and the regulations. "NECB" means the edition and provisions of the National Energy Code of Canada for Buildings, including revisions, errata, and amendments to it, declared to be in force pursuant to the Act and the regulations. "Occupancy certificate" means a certificate issued with respect to the approved use or occupancy of a building. ## "Owner" means: - (a) any person who has any right, title, estate or interest in land, improvements, or premises other than that of a mere occupant, tenant, or mortgagee. - (b) any person, firm or corporation that controls the property under consideration; or - (c) if the building is owned separately from the land on which the building is located, the owner of the building. "Owner's representative" means any person, company, employee, or contractor who has authority to act on behalf of an owner. "Permit" means written authorization issued by the local authority or its building official in the form of a building permit. "Plan review" means the examination of building drawings and related documents by a building official to ascertain whether those drawings and documents meet the requirements of the Act and the regulations. "Regulations" means The Building Code Regulations and The Energy Code Regulations. "SAMA fee" means a fee charged to the local authority by the Saskatchewan Assessment Management Agency with respect to the work. "Value of construction" means the total costs to the owner for the building construction in its completed form and includes the cost of all building work, materials of construction, building systems, labour and overhead, and profit of the contractor and subcontractors. "Work" means any construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of a building. ## SCOPE OF THE BYLAW 4(1) This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority. ## GENERAL 5(1) It is the duty of every owner or the owner's representative of a building in Saskatchewan to ensure that the building and work is in accordance with the Act, the regulations, any associated codes, interpretations and orders and any bylaws adopted by the local authority with which the building is associated. - (2) It shall be the responsibility of the owner or the owner's representative to arrange for all permits, inspections and certificates required by any other applicable bylaws, Acts and regulations. - (3) The provisions of this building bylaw apply to buildings, except for accessory structures used for storage less than 10 m2 (107.6 ft2) in building area, and buildings otherwise exempted by the Act or the regulations. - (4) The provisions of this building bylaw do not apply to decks, where the walking surface of an exterior deck is not more than 600 mm above the adjacent ground. ## PERMIT - ISSUANCE - 6(1) Every application for a permit for work shall be on the form provided by the local authority and shall be accompanied by digital set of plans and specifications of the proposed building and work. If submitted plans are larger 11x17, one set printed on appropriate size and scale are required to be submitted for permanent storage at the municipality in addition to the digital plans. - (2) Every permit application shall be reviewed and approved by the building official including plan review and approval. - (3) If the work described in an application for a permit, to the best of the knowledge of the local authority or the building official, complies with the requirements of this building bylaw, the Act, or the regulations, the local authority or the building official shall, on receipt of the required fee and deposit where applicable, issue a permit on the form provided by the local authority. - (4) A permit issued pursuant to this building bylaw must include: - (a) the name of the person, or company to whom the permit is issued. - (b) the period for which the permit is valid. - (c) a statement of all fees, deposits or bonds charged for the permit. - (d) the scope of work authorized by the permit. - (e) the municipal address or legal description of the property on which the work described in the permit is located. - (f) the buildings or portion of buildings to which the permit applies. - (g) the date of completion of the stages of construction for which a permit holder must inform the local authority. - (h) any conditions that the permit holder is required to comply with; and - (i) any information required by this building bylaw. - (5) No person, or company to whom a permit is issued pursuant to the Act shall fail to comply with the terms and conditions of the permit. - (6) Work must not commence before a permit is issued. Where work has commenced prior to issuing a permit, an additional fee shall be paid equal to 100% of the permit fee to a maximum of $10,000. - (7) The permit fee shall be calculated according to the sum of following: 4. (a) a permit administration fee listed in a fee bylaw for the processing, handling, and issuance of a permit. 5. (b) the fees for plan review, field inspection of construction and enforcement in accordance with a fee bylaw or the agreement between the provider of building official services and the local authority. 6. (c) the fees charged by the Saskatchewan Assessment Management Agency; and, 7. (d) a deposit, if required, in an amount determined by the local authority. - (8) If a deposit is collected it shall be refundable to the owner on satisfactory completion of the work or on approval of final inspection completed of the building by the local authority or the building official. - (9) All permit fees and deposits will be collected before the permit is issued. - (10) The local authority or the building official may establish the value of construction for the work described in an application for a permit, for the purpose of calculating a permit fee, based on established current construction costs, the owner's or the owner's representative statement of costs or constructor's contract values, or similar methods selected by the local authority or the building official. - (11) It is the responsibility of the owner or the owner's representative, to ensure that all notifications required by section 7 of the Act and this building bylaw are given to the local authority and that all inspections are scheduled and completed. Failure to do so may result in additional fees for follow-up inspections. - (12) The owner or the owner's representative will be invoiced by the local authority for additional inspection fees and payment of the inspection fees will be due on receipt of an invoice. Unpaid inspection fees will be considered a debt due to the local authority and may be recovered from the owner of the land or premises in or on which the work was carried out as per the Act. - (13) The local authority may, at its discretion, rebate a portion of a permit fee or deposit where work is reduced in scope or discontinued, or where other exceptional circumstances occur. ## PERMITS - REFUSAL TO ISSUE - 7(1) The local authority may refuse to issue a permit if: - (a) the proposed work described on the permit application would contravene: - (i) the Act; - (ii) the regulations; - (iii) an order of the appeal board; - (iv) a written interpretation of the minister pursuant to section 8 of the Act; or - (v) the local authority's building bylaw; - (b) the person who designed or reviewed the design of a proposed building that is within the scope of Part 9 of the NBC is not a competent person; - (c) the person who designed or completed a design review of a proposed building that is within the scope of the NECB is not an architect or engineer; - (d) the application for a permit is incomplete; - (e) any fees, deposits or bonds required pursuant to the local authority's building bylaw for the issuance of a permit have not been paid; or - (f) the proposed work described on the permit application would contravene any other Act, regulations or bylaw that applies to the proposed work. - (g) a permit to demolish or remove a building or structure may be approved once the local authority is satisfied that there are no debts to the local authority or property taxes in arrears. - (2) Where the local authority refuses to issue a permit pursuant to subsection (1), the local authority shall: - (a) provide written notice to the applicant as to the reasons for the local authority's refusal to issue a permit; and - (b) refund any fee or deposit paid as part of the permit application for work pursuant to the Act, less any fees paid for: - (i) plan review; and - (ii) permit application or administration. ## PERMITS - REVOCATION - 8(1) The local authority may revoke a permit issued pursuant to the Act: - (a) if the holder of the permit requests in writing that it be revoked. - (b) if the permit was issued on mistaken, false or incorrect information. - (c) if the permit was issued in error. - (d) subject to subsection (2), if, after 6 months after the permit's issuance, the work for which the permit was issued has not, in the opinion of the local authority's building official, been seriously commenced and no written agreement for the delay has been given by the local authority; or - (e) subject to subjection (2), if the work for which the permit was issued is, in the opinion of the local authority's building official, substantially suspended or discontinued for a period of more than 6 months after the permit's issuance and no written agreement for the delay has been given by the local authority. - (2) If the local authority revokes a permit pursuant to subsection (1) it shall provide written notice to the permit holder as to the reasons for the revocation. ## PERMITS - EXPIRY - 9 (1) The expiry of a permit does not relieve the owner or the owner's representative from the obligation to complete the work approved in the permit. - (2) All permits issued pursuant to this building bylaw shall expire on the date stated in the permit or if no date is stated: - (a) twelve months from date of issue. - (b) six months from date of issue if work is not commenced within that period. - (c) on the date specified by the local authority if work has not seriously commenced and is suspended for a period of six months; or - (d) on the date specified by the local authority if work has been suspended with written permission by the local authority or building official and the agreed upon period has been exceeded. - (3) Where a permit has expired as per subsection 9(2) and the owner or owner's representative has not completed all the work listed on a permit before the permit has expired, the building official or local authority may do one of the following: - (a) issue a permit extension for a one-year term subject to any conditions (maximum one extension permitted); - (b) issue a permit renewal for a one-year term subject to any conditions or fees listed in the bylaw (two permit renewals permitted); or - (c) uphold the permit expiration as per section 9(2) and require the owner to apply for a new permit. New permit applications are subject to the current applicable regulations. - (4) The local authority may revoke, extend, or vary the conditions of a permit on written application of the permit holder and subject to any condition or fees listed in the bylaw. ## ENFORCEMENT 10(1) The local authority or the building official may take any measures as permitted by section 24, 25 or 26 of the Act and sections 12 and 13 of The Building Code Regulations for the purpose of ensuring compliance with this building bylaw. ## SPECIAL CONDITIONS - 11(1) An owner or the owner's representative that undertakes to construct or have constructed a building that is within the scope of Parts 3, 5, 6 and 7 of the NBC shall have an architect or engineer complete the design or design review of: - (a) the building; and - (b) all building systems. - (2) An owner or the owner's representative that undertakes to construct or have constructed a building with a structure that is within the scope of Part 4 of the NBC shall have an architect or engineer complete: - (a) the design or design review of the structure. - (b) inspections of construction of the structure to ensure compliance with the design; and - (c) the reviews required by the NBC. - (3) An owner or the owner's representative that undertakes to construct or have constructed a building with a structure within the scope of the NECB shall have an architect or engineer complete: - (a) the design or design review of the structure. - (b) the inspection of construction of the structure to ensure compliance with the design; and - (c) the reviews required by the NECB. - (4) An applicant who undertakes to construct or have constructed a building with engineered life safety systems designed within the scope of Part 3 of the NBC for fire protection and occupant safety, including mechanical, electrical, and fire protection systems shall have an architect or engineer complete: - (a) the design or design review of the system(s); - (b) the inspection of construction and installation of the system (s) to ensure compliance with the design; and - (c) the reviews required by the NBC. - (5) In addition to the requirements of subsection (1), (2), (3) or (4), the local authority or building official shall require that an engineer or architect provide: - (a) a Commitment for Field Review letter as part of the permit application for work; and - (b) an Assurance of Field Review and Compliance letter, on completion of the work, providing assurance that the work conforms to the engineer's or architect's design. - (6) An owner or the owner's representative that undertakes to construct or have constructed a building that is within the scope of Part 9 of the NBC shall ensure that a competent person has designed or reviewed the design of the building. - (7) An owner or the owner's representative shall ensure that copies of any inspection or review reports made pursuant to this section are made available to a building official or the local authority on the request of the building official or local authority, as the case may be. - (8) No owner of a building or an owner's representative shall cause or allow the ground elevations of a building to be changed so as to place in contravention of the NBC: - (a) the building or part of the building; or - (b) an adjacent building. - (9) If the property boundaries of a building lot are changed so as to place a building or part of a building in contravention of the NBC, the owner or the owner's representative shall immediately alter the building or part of the building to bring it into compliance with the NBC. - (10) Building Permits will be required for all buildings that have sleeping accommodations. - (11) Building Permits will be required for retaining walls greater than 900mm in differential grade height on lands not used for agricultural purposes. An applicant who undertakes to construct or have constructed retaining walls greater than 900mm shall have and architect or engineer complete the design / design review of the structure. - (12) All demolition work shall be completed with a demo permit issued by the local authority and comply with the following: - (a) work shall be carried out in a safe and workmanlike manner in accordance with Occupational Health and Safety Regulations (Saskatchewan), - (b) no person undertaking a demolition shall dispose of waste material from the demolition site except in a permitted landfill site, - (c) all concrete slabs, footings and foundations shall be removed entirely regardless of depth, - (d) except when new construction is to proceed within 30 days of completion of the demolition, all excavations shall be filled to grade level, and - (e) demolition work shall not be considered as complete until the site is free of all debris, appropriately graded, and left in a state acceptable to the local authority. - (f) At least 24 hours prior to demolition, the applicant must - i) arrange with the local authority to have the water and sanitary sewer service connections discontinued at the water and sewer mains, and - il) arrange with the gas, electric, and telephone companies and all other utility service companies to discontinue their services and make all disconnects. The owner is responsible for removal of all infrastructure, equipment, and associated material affected by the authority of other utility service companies and shall conduct removal in a manner satisfactory to the utility service company. - (13) Removal of a building or structure is considered demolition and in addition to the requirements of Sentence 11(12), all work involving the removal of a building or structure shall comply with the following so that that local authority is satisfied that: - (a) the structure of the building is such that removal can be safely performed, - (b) that no person other than a licensed building mover will remove or relocate the building, and - (c) that the building shall be moved along a route that, if by reason of its height, is the least likely to occasion damage to municipal facilities and services infrastructure. - (14) Work that includes the use of a relocated existing structure shall comply with all requirements of this bylaw. - (15) Buildings not in conformity with the building codes in force at the time of application for a permit to alter or add to the structure shall be brought into conformity; or have a letter issued by the authority having jurisdiction allowing construction without having the existing building conform to this bylaw. - (16) RTM style buildings shall be constructed to the standards of all codes that are in force at the time of their move into the Resort Village of Candle Lake. - (a) a deposit will be required to move an RTM into Candle Lake and returned upon confirmation of no damages to any roads, culverts, signs, or vegetation on entry route. - (17) Buildings constructed with a space below the first level of the building shall conform to the following. - (a) have minimum of .6 meters (24") clear space below floor joists - (b) have area completely enclosed and ventilated - (c) if occupied during any time from October 1 thru April 1 shall be insulated as per code - (d) prepare for removal of ground water occurrence under foundation areas. - (18) Metal roofs are permitted on residential sites if ice guards are also installed and maintained. - (19) Where Screw Piles are used the building must be enclosed to prevent persons, animals, and fire embers from entering below structure. - (20) A SAMA administration fee shall be added to each permit ## PENALTY - 12(1) Any person who contravenes any of the provisions of this building bylaw may be subject to the penalties provided in Part 8 of the Act. - (2) Conviction of a person or corporation for breach of any provision of this building bylaw shall not relieve the person or corporation from compliance with the Act and regulations. ## Voluntary Payment to Avoid Prosecution: - 13 (1) A person who contravenes this Bylaw upon being served with a "Notice of Violation" as prescribed by the Municipality may voluntarily pay the prescribed penalty in Schedule 3 at the Administration Office of the Municipality. - (2) If the Municipality receives voluntary payment of the prescribed penalty within ten - (10) days, excluding the date of the Notice of Violation, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention. - (3) Nothing in this Section shall be construed to prevent any person from exercising the right to defend a charge for a contravention of this Bylaw - (4) A Notice of Violation may be issued by a Bylaw Enforcement Officer or a Peace Officer. - (5) A person to whom a Notice of Violation is being issued under this Section shall, upon request by the person issuing the Notice of Violation, provide their name, address, and date of birth. Any person who fails to provide this information is guilty of an offence and liable on summary conviction to the penalty contained in Section 12. ## REPEAL OF BYLAW(S) - 14 On enactment of this building bylaw, all previous building bylaws, including building bylaw amendments, are repealed. Enactment pursuant to Section 17 of The Construction Codes Act. Introduced and read a first time this 22nd day of February 2024. Read a second time this 25th day of April 2024.   Read a third time this 25th day of April 2024. Bolt, Adminstrator   Seal TRAGE OF RESORT Seal CANDLE BK CERTIFIED TRUE COPY May 10/8024