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BYLAW NO. 809
A BYLAW OF THE TOWN OF DAVIDSON RESPECTING BUILDINGS
The Council of the Town of Davidson in the Province of Saskatchewan enacts as follows:
SHORT TITLE
1
(1)
This bylaw may be cited as the Building Bylaw.
PURPOSE OF THE BUILDING BYLAW
2
(1)
The purpose of this building 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
(1)
Definition contained in The Construction Codes Act, The Building Code Regulations
and The Energy Code Regulations shall apply in this building bylaw.
(2)
"Act" means The Construction Codes Act.
(3)
"building official" means a person who holds a building official licence and appointed
by the local authority to provide building official services.
(4)
"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 proposed work.
(5)
"local authority" means the Town of Davidson and its elected council.
(6)
"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.
(7)
"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 Energy Code Regulations.
(8)
"occupancy certificate" in this bylaw means a certificate issued with respect to the
approved use or occupancy of a building.
(9)
"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.
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(10) "owner's representative" means any person, corporation, employee or contractor
who has authority to act on behalf of the owner.
(11) "permit" in this bylaw means written authorization issued by the local authority or its
building official in the form of a building permit.
(12) "permit fees" means as defined in this building bylaw.
(13) "plan review" in this bylaw means the examination of building drawings and related
documents by a building official to ascertain whether those drawings and documents
meet the requirement of the standards of construction.
(14) "regulations" means The Building Code Regulations and The Energy Code
Regulations.
(15) "SAMA fee" in this bylaw means a fee charged to the local authority by the
Saskatchewan Assessment Management Agency with respect to the work.
(16) "service provider" in this bylaw means the company or appointed building official
providing building official services to the local authority.
(17) "standards of construction" in this building bylaw means the Act, the regulations,
The National Building Code of Canada, The National Energy Code of Canada for
Buildings, ministerial interpretations pursuant to section 8 of the Act and
Saskatchewan Construction Standards Appeal Board orders, interpretations and
orders of building officials within the local authority and any related bylaws adopted by
the local authority.
(18) "value of construction" means the total costs to the owner for the work in its
completed form and includes the cost of design, all building work, materials of
construction, building systems, labour, overhead, and profit of the contractor and
subcontractors.
(19) "work" in this bylaw means any design, construction, addition, erection, placement,
alteration, repair, renovation, demolition, relocation, removal, use, occupancy or
change of occupancy, or reconstruction 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.
(2)
The provisions of this building bylaw apply to buildings greater than 10 m2 (107.6 ft2)
in building area except as otherwise exempted by the Act or the regulations.
(3)
Retaining walls attached to a structure or free standing greater than 600 mm (2 ft) in
differential grade height on lands not used for agricultural purposes.
(4)
An accessory building not greater than 10 m2 (107.6 ft2) is exempt from this building
bylaw provided it does not create a hazard and provided it does not have sleeping
accommodations.
(5)
Decks under 600 mm (2 ft) in differential grade height on lands for residential use are
deemed as patios exempt from this building bylaw.
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PERMIT FEE AND PAYMENT
5
(1)
The permit fee shall be determined by the local authority, and may include the
following:
(a) an administration fee as described in the Schedules for the processing, handling
and issuance of a permit;
(b) any deposit as described in the Schedules;
(c) the service fee charged to the local authority by a building official engaged to
review, inspect and enforce the standards of construction as per the agreement
between the local authority and building official and as described in the service
provider agreement;
(d) the SAMA fee; and
(e) all applicable taxes.
(2)
The owner or the owner's representative may be invoiced by the local authority for
additional fees as described in the service provider agreement as determined by the
local authority or service provider. The additional fees may include charges for:
(a) work that does not proceed in a timely or competent manner;
(b) varying conditions or scope of a permit;
(c) occupancy without prior written approval from the local authority or building
official;
(d) failure of the owner or owner's agent to ensure that all inspections are scheduled
and completed by the building official;
(e) issuance of building official's orders;
(f)
additional service fees required to review, inspect and enforce the standards of
construction;
(g) renewing, revoking, extending, varying the conditions of, cancelling or reinstating
a permit;
(h) costs incurred by the local authority to remedy the building into a safe condition
or demolish the building or bring the building into compliance with the standards
of construction;
(i)
the cost to register an interest in lands through Land Titles Registry; and
(j)
other fees as determined by the local authority to be reasonable for
administering and enforcing the standards of construction.
(3)
The deposit may be refunded, on request by the owner or the owner's representative,
if the local authority or building official deem the work satisfactorily complete.
(4)
The local authority may, at its discretion, rebate a portion of a permit fee or additional
fees where work is reduced in scope or discontinued, or where other exceptional
circumstances occur.
(5)
The local authority may double the permit fee if work commences prior to obtaining a
permit.
(6)
For a demolition or removal permit, the applicant shall provide a refundable deposit to
the local authority to cover the cost of restoring the site after the building, as
described in the Schedules. The local authority shall hold the refundable deposit until,
in the opinion of the local authority or the building official, the conditions are not
dangerous to public safety.
(7)
The building official may establish the value of construction for the work described in
the application for a permit, for the purpose of determining the permit fee or additional
fees, 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 building official.
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(8)
The permit fee and additional fees are the amounts due and are 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 or service was carried out.
(9)
If amounts due are not paid within 30 days of the date the local authority notifies the
owner or owner's representative of the amount due, the local authority may add the
amount due to the owner's property taxes, as per the Act.
(10) Where the local authority refuses to issue or revokes a permit, the local authority shall
refund any fee or deposits paid as part of the application for the permit, less
administration and service fees.
GENERAL DUTIES OF THE OWNER
6
(1)
The duties of the owner or the owner's representative as applicable, includes but not
limited to:
(a) ensuring that the building and work is in accordance with the standards of
construction;
(b) not commencing or cause to be commenced work without first having obtained a
valid permit from the local authority;
(c) complying with the terms and conditions of the permit;
(d) complying with the terms and conditions of the plan review;
(e) ensuring all notifications required by this building bylaw are given to the local
authority;
(f)
ensuring all inspections are scheduled and completed by the building official;
(g) not enclosing prior to inspection the work that requires inspection by a building
official;
(h) paying all cost associated with showing compliance with the construction code;
(i)
not occupying the building or part of the building before the issuance of an
occupancy certificate by the local authority or the building official pursuant to
clause 16(11)(h) of the Act;
(j)
obtaining prior written approval from the local authority before closing or blocking
any road, street, lane, or sidewalk;
(k) suppling and maintaining, at their own expense, all warning signs, barricades,
fences or other services that may be required to warn the public and protect the
public from the work;
(l)
fill and level any excavation on the property with clean non-expansive fill, to an
elevation compatible with abutting properties; and
(m) ensuring that the property is left in a safe and sanitary condition, including
removing all rubbish and building materials to an approved location. For greater
clarity, this includes not burying on the site any waste material, including
concrete from demolition of a basement or foundation, or below ground level
substructures or framework.
(n) arranging for all permits, inspections and certifications required by any other
applicable bylaws, Acts and the regulations, and ensuring all copies of any
inspection or review reports conducted by others are made available to the
building official or local authority.
PERMITS - GENERAL CONDITONS
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(1)
Permits shall be subject to any geotechnical requirements stated by the local
authority.
(2)
Permits will be required for retaining walls attached to a structure or free standing that
is greater than 600 mm (2 ft) in differential grade height on lands not used for
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agricultural purposes. An architect or engineer will be required to design such
structures.
(3)
The granting of any permit by this building 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 Act, the regulations
or bylaw affecting the site described in the permit; or
(b) make either the local authority or the building official liable for damages or losses
in the event that a building does not comply with the requirements of any Act, the
regulations or bylaw regardless of whether or not occupancy has been
authorized by a permit.
(4)
Approval in writing from the local authority or building official is required for any
deviation, omission or revision to the work.
PERMITS - APPLICATION AND ISSUANCE
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(1)
Every application for a permit for work shall be in a form as required by the local
authority or its building official, and shall be accompanied by a minimum of one set of
plans and specifications in electronic format (PDF) of the proposed building and work.
(2)
The owner or owner's representative consents to the use of email for
communications.
(3)
Whenever the proposed work requires the technical expertise of an architect or
engineer, the local authority or building official may require that all drawings and
specifications, or any part thereof, be prepared or reviewed, sealed, dated and signed
by an architect or engineer.
(4)
Where a building is to be demolished or removed, the local authority shall not issue a
permit until the local authority 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.
(5)
The application for a permit shall be reviewed and approved by the building official.
The building official will return an approved plan review, showing all required
inspections by the building official.
(6)
The local authority shall issue a permit if:
(a) All permit fees, deposits and any applicable taxes have been paid; and
(b) If the work described in the application for a permit, to the best of the knowledge
of the local authority or building official, complies with the requirements of the
standards of construction.
PERMITS - REFUSAL TO ISSUE AND REVOCATION
9
(1) The local authority may refuse to issue a permit if:
(a) the proposed work would contravene the standards of construction;
(b) the person who designed or reviewed the design of the proposed works 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 the proposed works
that is within the scope of the NECB is not an engineer or architect;
(d) the application for a permit is incomplete;
(e) any fee, or deposit required by the local authority are not paid; or
(f)
the proposed work would contravene any other Act, the regulations or bylaws
that applied to the proposed work.
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(2) The local authority may revoke a permit if:
(a) the holder of the permit requests in writing that it be revoked and the work has
not commenced;
(b) there is contravention of any condition under which the permit was issued;
(c) the permit was issued on mistake, false or incorrect information; or
(d) the permit was issued in error; or
(3) Where the local authority refuses to issue or revokes a permit, the local authority shall
provide written notice to the applicant or permit holder as to the reasons for the refusal or
revocation.
PERMITS - EXPIRY
10 (1)
All permits shall expire on the date stated in the permit, or if no date is stated, the
earliest of the following:
(a) 24 months from the date of issue;
(b) 6 months from date of issue if work is not commenced within that period;
(c) 6 months from date of last inspection by a building official where work has not
seriously progressed to the satisfaction of the building official and without prior
authorization from the local authority;
(2)
All permits issued for demolition or removal expire 6 months from the date of issue.
(3)
If the owner wishes to terminate the work, the owner or the owner's representative
must first receive written approval for the local authority to terminate the permit.
(4)
If the permit expires, but not all of the work is complete, the owner or the owner's
representative shall apply to the local authority in writing requesting:
(a) to extend the term of the permit. The local authority may extend the permit to a
maximum of 24 months; or
(b) vary the conditions of the permit.
(5)
The expiration of a permit does not relieve the owner or owner's representative from
the obligation to put the building in safe condition or demolish the building.
PERMITS - ENFORCEMENT
11 (1)
The local authority or building official may take any measures as permitted in the Act
or the regulations for the purpose of ensuring compliance with the standards of
construction.
(2)
Failure to obtain a permit or follow the terms of the permit, including ensuring that all
inspections are scheduled and completed by the building official, may result in the
issuance of a building official's order, in accordance with section 25 of the Act.
(3)
The building official may direct the local authority to register an interest in the lands
through Land Titles Registry if a building official's order was not adhered to, in
accordance with section 20 of the Act.
NOTIFICATION
12 (1)
Before commencing work, the owner or owner's representative shall give notice to the
local authority, in writing, of:
(a) the contractor or other person in charge of the work;
(b) the designer of the work;
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(c) the person or firm reviewing the work to determine whether or not the work
conforms to the design;
(d) any inspection or testing agency that is engaged to monitor the work;
(e) the date the work is intended to commence;
(f)
when the excavation is to be commence;
(2)
The owner or owner's representative must call for all inspections set out by the
building official in the plan review.
(3)
Failure to provide notice and ensure that all inspections are scheduled and completed
by the building official could result in destructive testing efforts requested by the
building official at the cost of the owner or the owner's representative.
(4)
During the course of the work, the owner or owner's representative shall give notice to
the local authority in writing of any:
(a) change in, or termination of, the employment of a person or firm listed in
subsection (1);
(b) intent to do any work requiring inspections by the building official;
(c) intent to enclose any work requiring inspection by a building official;
(d) proposed or undertaken deviations from the plans approved and permitted by the
local authority;
(e) the completion of the work;
(f)
change in ownership, or change in address of the owner or the owner's
representative that occurs before the completion as soon as the change occurs;
and
(g) intention to occupy the building or portions of the building prior to the issuance of
occupancy.
(5)
A real property report of the site prepared by a registered land surveyor shall be
submitted by the owner or owner's representative upon request from the local
authority or building official. Failure to do so may result in the issuance of a building
official's order along with additional fees associated with enforcement.
NOTICE OF A FAILURE
13 (1)
The owner, owner's representative or owner's agents, contractors, employees or
successors or the registered owner of the land on which the building is situated shall
submit a written report to the local authority of the occurrence of the following that
causes or has the potential to cause serious injury or loss of life:
(a) structural failure of the building or part of the building;
(b) failure of any equipment, device or appliance that is regulated by the Act or the
regulations.
(2)
The report must be submitted to the local authority within 15 days after the
occurrence of the failure. The report must contain:
(a) the name and address of the owner;
(b) the address or location of the building involved in the failure;
(c) the name and address of the constructor of the building; and
(d) the nature of the failure.
(3)
On receipt of the report, the local authority may require an owner or owner's
representative to:
(a) provide other information that the building official or local authority may consider
necessary;
(b) complete any additional work that is necessary to ensure immediate compliance.
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ENFORCEMENT OF STANDARDS OF CONSTRUCTION
14 (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 13 and 14 of the regulations for the
purposes of ensuring compliance with this building bylaw.
(2)
If any work to a building or part thereof or addition thereto is in contravention of any
provision of the standards of construction, the local authority may take any measures
as permitted by the Act for the purpose of ensuring compliance, 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) ordering actions to be completed 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.
(3)
If any building or part thereof or addition thereto is in an unsafe condition due to faulty
work, dilapidated state, abandonment, open or unguarded condition or any other
reason, the local authority may take any measures allowed by the Act.
BUILDING DESIGN REQUIREMENTS
15 (1)
The owner or owner's representative that undertakes to or has constructed a building
that is within the scope of Parts 3, 5, 6 and 7 of the NBC shall have an architect or
engineer:
(a) complete the design or design review and inspection of the building and all
buildings systems;
(b) provide a Commitment of Field Review letter as part of the permit application for
work; and
(c) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(2)
The owner or owner's representative that undertakes to or has constructed a building
with a structure that is within the scope of Part 4 of the NBC shall have an architect or
engineer:
(a) complete the design or design review of the structure;
(b) complete an inspection of construction of the structure to ensure compliance with
the design;
(c) complete the reviews required by the NBC;
(d) provide a Commitment of Field Review letter as part of the permit application for
work; and
(e) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(3)
Foundations for residential occupancies including modular homes with A277
certification shall be designed pursuant to subsection (2).
(4)
The owner or owner's representative that undertakes to or has constructed a building
that is within the scope of Part 9 of the NBC shall have a competent person:
(a) complete the design or review of designs of the building;
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(5)
The owner or owner's representative that undertakes to or has constructed a building
with a structure that is within the scope of the NECB shall have an architect or
engineer:
(a) complete the design or design review of the structure;
(b) complete an inspection of construction of the structure to ensure compliance with
the design;
(c) complete the reviews required by the NECB;
(d) provide a Commitment of Field Review letter as part of the permit application for
work; and
(e) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(6)
On the request of the local authority or building official, the owner or owner's
representative shall ensure copies of any inspections or review reports made
pursuant to this section are made available to the local authority or building official.
(7)
No owner or 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. This includes the
building or part of the building, or an adjacent building.
(8)
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 regulations or bylaws, the owner or
owner's representative shall immediately alter the building or part of the building to
bring it into compliance with the NBC.
PENALTY
16 (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 the standards of
construction.
REPEAL OF PREVIOUS BUILDING BYLAW
17 (1)
On enactment of this building bylaw, all previous building bylaws, including building
bylaw amendments, are repealed.
____________________________________
MAYOR
(S E A L)
____________________________________
ADMINISTRATOR
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Schedule A: Residential Permit Fees
The following fee schedule, in addition to the service fees charged to the local authority by a
building official engaged to review, inspect and enforce the standards of construction as per the
agreement between the local authority and building official and as described in the service
provider agreement, shall apply to every residential building permit:
Admin
SAMA
Project Type
Fee
Fee
Deposit
All buildings, including new dwellings, additions, accessory buildings,
secondary suites, attached or detached garages, renovations,
basement development, decks, foundation replacement, mobile
homes, RTM/Modular homes/post move
25.00
25.00
0.00
Demolition and/or removal
(deposit refundable upon satisfactory clean up)
25.00
25.00
small buildings
under 120 sq ft
- $250
over 120 sq ft -
$2,000
Schedule B: Commercial Permit Fees
The following fee schedule, in addition to the service fees charged to the local authority by a
building official engaged to review, inspect and enforce the standards of construction as per the
agreement between the local authority and building official and as described in the service
provider agreement, shall apply to every commercial building permit:
Admin
SAMA
Project Type
Fee
Fee
Deposit
Principal building, addition, renovation/tenant improvements,
accessory building, barrier-free washroom, barrier-free ramp
25.00
25.00
0.00
Demolition and/or removal
(Deposit refundable upon satisfactory clean up)
25.00
25.00
small buildings
under 120 sq ft
- $250
over 120 sq ft -
$5,000