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DISTRICT OF LAKELAND
BYLAW NO. 14 - 2020
A BYLAW RESPECTING ALTERATION, CLASSIFICATION,
DEMOLITION, ERECTION, REPAIR, REMOVAL OR OCCUPANCY OF
BUILDINGS.
The Council of the District of Lakeland No. 521 in the Province of Saskatchewan enacts as
follows:
TITLE
This bylaw shall be referred to as the "Building Bylaw".
PURPOSE
To provide for the administration, enforcement, and inspection of building and to ensure
public safety and compliance with requirements of the Municipality, The Uniform
Building and Accessibility Standards Act and The National Building Code of Canada and
any associated Regulations.
DEFINITIONS
1. In this Bylaw:
(a) "Act" means The Uniform Building and Accessibility Standards Act being
Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 and amendments;
(b) "Administrative Requirements" means The Administrative Requirements for
Use with The National Building Code, 1985, as same may be amended and
adopted for use from time to time in the Province of Saskatchewan;
(c) "Applicant" means the owner of the property or the owner's agent;
(d) "Council" means the Council of the Municipality;
(e) "Licenced Building Official" means that person appointed by the
Municipality;
(f) "Local Authority" means the Municipality;
(g) "Moving Permit" means a permit issued for the moving of a building from its
foundation, the removal of a building from, within or into the municipal limits
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where the removal of the building does not entail any demolition or
construction.
(h) "Municipality" means the District of Lakeland No. 521;
(i) "National Building Code" means the National Building Code of Canada only
as same may be adopted and amended by the Act and the Regulations for
application within the Province of Saskatchewan from time to time;
(j) "Owner" means any person, firm or corporation that controls the property
under consideration.
(k) "Real Property Report" means a report prepared by a member of the
Saskatchewan Land Surveyors' Association in accordance with The
Saskatchewan Land Surveyors' Act and Bylaws of the Saskatchewan Land
Association as the same may be amended from time to time or such Act or
Bylaw as may be substituted therefor from time to time;
(l) "Regulations" means Regulations passed pursuant to the Act;
(m) "Site Plan" means a plan prepared by the member of the Saskatchewan Land
Surveyors' Association in accordance with Division C, Article 2.2.2.2. of the
National Building Code, or a report or plan prepared by the property owner or
developer that is deemed acceptable by the Municipality;
(n) "Zoning Bylaw" shall mean the Zoning Bylaw of the Municipality;
2. Unless the context otherwise requires and subject to section 1., terms and expressions
used in this Bylaw shall have the same meaning as in the Act and the Regulations.
3. Unless the context otherwise requires and subject to sections 1. and 2., terms and
expressions used in this Bylaw shall have the same meaning as in the Zoning Bylaw of
the Local Authority.
4. The National Building Code applies and is in force in the Municipality.
5. The construction of garages attached to dwelling units must comply with all regulations
and requirements of The National Building Code including the attic space of the dwelling
unit as incorporated into the dwelling.
6. This Bylaw shall be interpreted and applied in conjunction with the National Building
Code, The Administrative Requirements, The Uniform Building and Accessibility
Standards Act and its Regulations.
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7. The Licenced Building Official is hereby appointed and shall carry out the duties of the
Licenced Building Official and as "the person appointed" by the Municipality within the
meaning of the Act.
8. Notwithstanding Section 6, references and requirements in the Administrative
Requirements respecting matters regulated by the Act and Regulations shall not apply.
9. Subject to Section 34, no one shall commence, continue or cause to be commenced or
continued any work to which the Act, Regulations or this Bylaw applies unless the owner
of the real property on which the work is to be carried out has obtained a building,
demolition, or moving permit as the case may require, and such development permit has
not expired pursuant to section 29.
10. No one shall commence, continue or cause to be commenced or continue any work
referred to in section 9 in respect of which a license, permit or authorizing instrument
under another bylaw or provincial or federal act, regulation or code is required until such
license permit or instrument is obtained.
11. Anyone who commences work without first obtaining a permit as may be required by this
bylaw, will have a fee added to the cost of their permit, in addition to the regular fees.
12. Anyone who transfers title to a property that has a building for which a building permit
has been issued, and has not received all required inspections, shall provide the Local
Authority with the contact information for the proposed buyers prior to transfer.
13. If the Local Authority has received proper notification identified in section 12, the new
owners will be required to amend the existing permit, without cost, and provide signature
as the new owner.
14. If the Local Authority has not received notification prior to transfer, the current building
permit is rendered invalid and the new owner will be required to obtain a new permit at a
cost relevant to the remainder of the work to be completed plus the fee pursuant to 11.
15. Notwithstanding section 16, no permit shall be issued in respect of any Building, the
plans for which show construction of any kind (other than cornices or belt courses) on,
over or under the surface of any public place or public utility, service pipe, line, wire or
conduit whatsoever, without prior approval of Council. If a permit is issued in breach of
this requirement, at no cost to the Municipality, the owner shall forthwith upon notice
from the Licenced Building Official or authority having jurisdiction, comply with any
applicable federal or provincial acts, regulations of codes or bylaws of the Municipality.
16. Where an application has been made in a form as approved by the Local Authority, and
submitted to the Municipality, along with the appropriate permit fees paid and the
proposed work set out in the application conforms with this Bylaw, the National Building
Code, the Act and Regulations, a permit shall be issued for which the generality of the
foregoing, that the owner engage an architect or professional engineer as required in the
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Act and Regulations and that inspections be called for in addition to those specified in the
Act and Regulations.
17. Every permit issued shall be subject to the right of the Municipality to impose such
conditions as they may, in their opinion, deem appropriate, by reason of discovery of
circumstances during the course of the proposed work described in the application for the
permit or otherwise.
18. Notwithstanding that a permit is issued in breach of section 16, the owner shall ensure
that the proposed work set out in the application shall conform with this Bylaw, the
National Building Code, the Act and Regulations.
19. Every permit application that includes treated wood assembly in use, below grade, must
meet the regulations stated in the National Building Code, the Act and Regulations.
20. Every application where helical piles are used shall include an engineered plan prepared
by a registered professional engineer skilled in such design and licenced to practice in
Saskatchewan. The plan shall include the number and spacing of the piles required to
carry all the loads. A signed and sealed certificate attesting to the conformity of the
installation and the allowable loads for the piles must be prepared by the engineer to the
municipality for every project. All helical piles and accessories are required to be hot-
dipped galvanized, meeting the requirements of CAN/CSA-G164 or ASTM
A123/A123M with a minimum thickness of 610 g/m2.
21. Every application for a permit under this bylaw shall:
(a) be completed to the satisfaction of the Local Authority;
(b) be signed by the applicant; the applicant being either:
i.
the registered owner of the property wherein construction is occurring; or
ii.
a tradesman/contractor who has a current valid business license in the
District of Lakeland and has submitted an Authorization form attesting to
their delegation from the registered property owner.
(c) In the case of a building permit;
i.
be accompanied by two sets of specifications and scale drawings of the
building with respect to which the work is to be carried out, showing:
ii.
the dimensions of the building;
iii.
the proposed use of each room or floor area;
iv.
the dimensions of the land on which the building is situated and the siting
of the building; and
v.
when required by the Municipality, a Real Property Report.
(d) contain any other information required by the Act, Regulations, Administrative
Guidelines, this Bylaw or as may be further required by the Licensed Building
Official or Local Authority, whether by conditions imposed in the permit or
otherwise, including, and not to limit the generality of the foregoing, certification
of an architect or professional engineer as required in the Act and Regulations.
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22. In the case of additions to buildings for which the Real Property Report has not been
required by the Local Authority, the owner shall submit a current Site Plan respecting the
land as referred to in section 21 (c) iv. to the Municipality, which Site Plan shall indicate,
in addition to those items required by the National Building Code, that the siting of the
building or addition will be in accordance with the information on the Building Permit as
referred to in section 21 (c) iv. before any work beyond the completion of foundation
work is undertaken.
23. Every applicant for a permit to construct a new building or reconstruct the foundation of
an old building may be requested to provide to the Local Authority, upon payment of the
fees required for same as prescribed by resolution of Council, from time to time, a Grade
Certificate setting out the finished level of the property on which the proposed work is to
be executed, and it shall be the responsibility of the applicant or owner to set the building
or reconstruct the foundation of the old building, in accordance with the Grade
Certificate, at such a height above road level that adequate surface drainage from the lot
to street or lake will be obtained.
24. No Building Permit shall be issued until;
a. the plans in respect of drainage for storm water from a building site are submitted
to the Local Authority.
b. those plans are acceptable and meet the requirements of the Local Authority.
25. If the Local Authority is of the opinion that an application for a building permit does not
demonstrate that the plans for the proposed work conforms with the requirements of
section 16, the Licensed Building Official may refuse to issue a Building Permit or they
may issue such permit subject to such conditions as in their opinion they deem
appropriate.
26. Notwithstanding Section 16, in their discretion, the Licensed Building Official may, but
shall not be required to, refuse to issue any permit when the proposed work set out in the
application does not conform with any other federal or provincial acts, regulations, codes
or guidelines or any municipal bylaw. In the event that the Licensed Building Official
requires such conformance, the owner shall ensure that the proposed work set out in the
application and the executed work shall so conform.
27. The Local Authority may refuse to issue or may revoke a permit where there is an
apparent violation of a provision of any federal or provincial act, regulation or code
applicable to the work or proposed work or any provision of this Bylaw, the Zoning
Bylaw, a condition of the Development Permit, or any other applicable bylaw of the
Municipality which provisions are in any way related to the permit.
28. No work proposed in an application for a permit may vary from the information on the
issued permit is based without prior written approval of the Local Authority.
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29. Any building, demolition and moving permit issued under this Bylaw expires:
(a) In the case of a building permit;
i.
6 months from the date of issue if work has not yet commenced; or
ii.
Upon work being suspended for 6 consecutive months; or
iii.
12 months from the date of issuance.
(b) In the case of demolition or a moving Permit:
i.
6 months of the date of issue if the work has not commenced; or
ii.
Upon work being suspended for 60 consecutive days; or
iii.
Such shorter period as may be specified by the Licensed Building Official or
Municipality.
30. A single time extension may be granted by the Municipality for a building permit if the
construction as listed in the building permit has reached the final stage, that being
completion of all concrete work, framing, poly/insulation and boarding, and written
application is made for the extension, within one month of the permit expiring.
31. All permit extensions shall be subject to an administration fee.
32. All extensions shall be subject to a time table as imposed by the Municipality
33. If upon inspection, the Licensed Building Official is satisfied that any building may be in
an unsafe condition or that if any buildings condition may constitute an imminent danger
to the safety of occupants or the public or any property and the owner cannot be
conveniently located, in addition to all other authority:
(a) The Licensed Building Official or Municipality may cause such work to be
carried out as she/he considers necessary to eliminate such danger and the owner
shall be liable in respect of expenses incurred in carrying out such work and same
may be collected in the manner referred to in section 21 of the Act whether or not
an appeal is filed or a stay is ordered pursuant to the Act; and
(b) Neither the Local Authority, the Licensed Building Official nor anyone acting on
his/her behalf shall be liable to compensate the owner, occupant or any other
person by reason of anything done without notice to any owner or person in
occupation or having control of the building and whether or not an appeal is
undertaken pursuant to the Act.
34. Every applicant for demolition, building or moving permit shall pay a fee as authorized
and approved by the Municipality. No permit shall be issued until the fees required are
paid.
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35. If as a result of the issuance of a demolition or moving permit, the site or municipal
property for which the permit relates is not restored to a safe and tidy condition within 30
days of completion or abandonment of demolition or removal or, in any event, within 30
days of the date of expiry of the permit, the Municipality may perform such work as is
necessary to ensure the site is not dangerous in regards to public safety. In such a case,
the applicant shall be liable for the costs of site restoration and such costs shall be
deducted from any deposit. The applicant shall be liable to pay to the Municipality any
shortfall upon demand, with any interest on any shortfall unpaid 60 days after demand.
36. All moving permits requiring buildings to be relocated within or coming into the
Municipality shall be subject to Municipal approval prior to the issuance of the permit.
37. No demolition or moving permit for the removal of any building shall be issued with
respect to any building on which taxes are in arrears or outstanding without approval of
Council.
38. The granting of any permit which is authorized by this Bylaw shall not be construed as a
representation of the compliance of any work with any bylaw, federal or provincial act,
regulations or code.
39. The owner shall ensure that submission of an application for a permit and issuance of
such permit shall not be understood as or deemed to constitute a representation by any
person, the Municipality, or any Municipal employee that the proposed work of the
executed work, in fact, complies with the acts, codes, guidelines or bylaws referred to in
this Bylaw whether such representation be at issue in any legal proceeding or otherwise.
The issuance of a permit shall not relieve the owner of compliance with section 16.
40. The owner shall indemnify and save harmless the Municipality, the Licensed Building
Official or any municipal official or employee from all losses, of any other person that
may arise as a result of, from, or in any way touching upon the issuance of the permit
related to the work, and not to limit the generality of the foregoing, in relation to:
(a) The fact that a building, or the placement, erection, construction, alteration,
repair, renovation, reconstruction, demolition or removal thereof authorized by
permit, does not comply with the federal or provincial act, regulation, municipal
zoning bylaw or code or derogates from a right of any other person;
(b) Faulty subsoil conditions, whether such conditions were unknown to the District
or not;
(c) The fact that the owner or any other party on behalf of the owner has continued
with work so as to conceal previous work, making that work impossible to inspect
by the Municipality or any municipal official or Licenced Building Official
appointed by the Municipality;
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(d) The owner's failure to call for an inspection of work as required in Act and
Regulations; or
(e) The owner's failure to have displayed on site the permit site identification, and all
applicable site inspection cards.
41. The Municipality, Licensed Building Official and employees, servants and agents of the
Municipality shall not be held liable in respect of any matters referred to in section 40
under this clause.
42. Any person who contravenes any provision of this Bylaw is guilty of an offence and
liable on summary conviction to the penalties as prescribed in the Act.
43. No prosecution for a contravention of this bylaw may be commenced more than two
years after the date of the alleged offence.
44. Bylaw Nos. 14-2014 and 11-2019 are hereby repealed.
45. This Bylaw shall come into force and take effect on the day approved by the Minister of
Government Relations in accordance with Section 23.1 of the Act.
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Reeve
(seal)
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Administrator