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Town of Duck Lake
Bylaw 2015 - 5
A BYLAW RESPECTING BUILDINGS
The Municipal Council of the Town of Duck Lake 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 Town of Duck Lake.
(5) "Regulations" means regulations made pursuant to the Act.
(6) Definitions contained in the National Building Code (NBC) and The Uniform
Building and Accessibility Standards Act and Regulations shall apply in this bylaw.
SCOPE OF THE BYLAW
3.
(1) This bylaw applies to matters governed by the Act and 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.
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(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;
(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.
BUILDING PERMITS
5.
(1) Every application for a permit to construct, erect, place, alter, repair, renovate,
change occupancy 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 a 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.
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(5)The permit fee for construction, erection, placement, alteration, repair, renovation
or reconstruction of a building shall be calculated based on those listed in
Schedule A. As well, there will be a processing fee of 5% in relation to costs
invoiced by the Building Official for inspection services. All fees will be subject to
GST as applicable. All fees will be collected prior to the issuance of the building
permit.
(6) In the event that construction commences without an approved permit. the permit
fees referred to in Section (5) above and set out in Schedule A attached shall be
charged at twice the amounts shown.
(7) 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.
(8) 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.
(9) All permits issued under this section expire:
(a) six 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) twelve months from the date of issue of the permit, unless extended by the
local authority or its authorized representative in response to a written request
from the applicant.
(10) In the event that a permit expires without the approval set out in (8) above the
applicant will be required to pay the full amount of the permit fee to extend the
permit time for an additional year. As well, if building codes have changed since
the original permit was issued, the applicant may be required to comply with the
new code and any reference standards.
(11) 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 PERMITS
6.
(1) (a) The fee for a permit to demolish a building shall be $100.00.
(b) (i) In addition, the applicant shall deposit with the local authority a
$3000.00 security bond to cover the cost of restoring the site after the
building has been demolished to such condition that it is, in the opinion
of the local authority or its authorized representative, not dangerous to
public safety.
The deposit fee as per sub-clause 6(1)(b)(i) will be collected at the time of
issuance of the permit.
If the applicant is the registered owner of the property, the deposit will be
held until the site is restored to a condition satisfactory to the local
authority or its authorized representative and the sum deposited, or
portion thereof, shall be refunded.
If the applicant is not the registered owner of the property, the local
authority shall be provided with an official authorization from the owner,
indicating that the applicant is acting on their behalf, in restoring the site to
a condition satisfactory to the local authority or its authorized
representative.
(ii) If the applicant who demolishes 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 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) At least 24 hours prior to demolition, the applicant must:
(a) arrange with the Town of Duck Lake to have the water and sanitary sewer
service connections discontinued at the water and sewer mains and
(b) arrange with the gas, electric and telephone companies or other utilities to
discontinue their services.
(5) Demolition permits expire six months from the date of issue except that permit
may be renewed for six months upon written application to the local authority.
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REMOVING, RELOCATION OR PLACEMENT OF BUILDING PERMITS
7.
(1) (a) The fee for a permit to remove and/or relocate a building shall be $100.00.
(b) i)
In addition, the applicant shall deposit with the local authority a $3000
security in cash or bond to cover the cost of restoring the site after the
building has been moved or removed to such condition that it is, in the
opinion of the local authority or its authorized representative, not
dangerous to public safety.
The deposit fee as per sub-clause 7(1)(b)(i) will be collected at the time of
issuance of the permit.
If the applicant is the registered owner of the property, the deposit will be
held until the site is restored to a condition satisfactory to the local
authority or its authorized representative and the sum deposited, or
portion thereof, shall be refunded.
If the applicant is not the registered owner of the property, the local
authority shall be provided with an official authorization from the owner,
indicating that the applicant is acting on their behalf, in restoring the site to
a condition satisfactory to the local authority or its authorized
representative.
ii) If the applicant who moves or removes the building restores the site(s)
to a condition satisfactory to the local authority or its authorized
representative, the sum deposited, or portion thereof, shall be refunded.
(2) Every application for a permit to remove and/or relocate a building shall be in
Form C.
(3) Before issuing a permit for the removal and/or relocation, the local authority must
be satisfied that:
(a) the structure of the building is such that the removal and/or relocation can
be safely effected;
(b) that no person other than a licensed building mover will remove or relocate
the building;
(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;
(d) that there are no arrears or taxes outstanding with respect to building or land
on which building is or will be situated;
(e) that when the building is placed on its new site and completed, it will
conform with all applicable bylaws;
(f) that the architectural design of the building will not adversely affect the
general design of the buildings in the neighbourhood to which the building
is to be moved; and
(g) that the prescribed fee and deposit has been received.
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REMOVING, RELOCATION OR PLACEMENT OF BUILDING PERMIT, cont'd.
4(a) Where a building is to be removed from the jurisdiction of 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 removal permit
in Form D.
4(b) Where a building is to be relocated 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. 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.
(c) Where a building is to be relocated from a site external to the local
authority and set upon a site within 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 land on which the
building is to be situated, and the building when placed on its new site and
completed, to the best of the knowledge of the local authority, upon receipt
of the fee and deposit prescribed, shall issue a permit for the placement of a
building in Form D.
(5) At least 24 hours prior to the removal and/or relocation, the applicant must:
(a) arrange with the Town of Duck Lake to have the water and sanitary sewer
service connections discontinued at the water and sewer mains; and,
(b) arrange with the gas, electric and telephone companies or other utilities to
discontinue their services.
(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
8.
(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 (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
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) The building site will be surveyed by a registered land surveyor and the lines
appropriately marked on the site, to ensure accurate starting points for adequate
set-backs and other determinations.
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(4) 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.
(5) It shall be the responsibility of the owner to arrange for all permits, inspections and
certificates required by other applicable bylaws, acts, and regulations.
(6) All buildings with sump pumps installed to handle drainage of weeping tile will be
required to have the sump pump discharge to the rear, if the laneway is paved, or
to the front to utilize the existing curb and gutter or storm sewer system,
whichever is in place.
(7) It will be the responsibility of the owner to provide an engineered foundation
design sealed by an engineer registered in the Province of Saskatchewan, where
a Preserved Wood Foundation (PWF) is to be built
(8) Fabric covered buildings will not be permitted within the Municipality. An
exception may be made where such a structure is properly engineered and
suitable for long term use. However, special review and approval by Council
would be required.
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.
(3) Specific to starting construction without paying the appropriate permit and other
fees, any persons doing so may be subject to a cost of double the respective fees.
REPEAL OF BYLAW
11. Bylaw No. 5002 is hereby repealed.
EFFECTIVE DATE OF BYLAW
12. This bylaw shall come into force on the date of final approval by the Minister.
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Enacted pursuant to Section 14 of
The Uniform Building and Accessibility
Standards Act
Read a first time this 23th day of June, 2015
Read a second time this 23th day of June, 2015
Read a third time this 23th day of June, 2015
____________________________________
Denis Poirier, Mayor
SEAL
__________________________________
James Mitchell, Acting CAO
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SCHEDULE A - FEES FOR BUILDING PERMITS
Name:
NOTE_SCHED A HAS BEEN UPDATED!!!!!! Wagner fees plus 5% and gst!!!!!
Project:
Permit Application No.:
Date:
Administration Costs:
Commercial Buildings valued over $1,000,000
$200
Moving/Demolition
$100
Commercial Buildings valued under $1,000,000
$150
Decks, Garages
$40
Residential Houses
$100
Change of Use Application
$25
*see note below
Deposit -
Moving/Demolition
$3,000
Inspection Costs:
Project Specific
Development Permit
Application Fees:
(In addition to costs
of public advertising)
- Permitted Principal
$100
- Permitted Accessory Use
$100
- Permitted Accessory Use
$100
- Discretionary Permitted Use
$200
- Discretionary Accessory Use
$200
- Discretionary Ancillary Use
$200
- Development Appeal Fee
Up to $50, as specified by the
Development Appeals Board
Zoning Bylaw
Changes:
Text Amendments
$200 plus cost of advertising
Map Amendments
$100 to $500 each
Total Inspections Fees
$ -
Off-Site Development
Fee
As per
Policy
Trades (Business
Licenses)**
$250 or
$50
each
Administration Fee
As
Above
Total Due:
$ -
*Any change of use is subject to National Building Code, along with any reference standards, and must be reviewed by the Building Official
**This fee is for business licenses for all trades/subtrades; if contractors already have current business
licenses for the Town of Duck Lake, this fee may be waived or pro-rated - $50 per trade if this is less than $250.00
*Permits not completed after one year will require re-application along with all appropriate fees
Detailed Review Costs: Where a development or subdivision proposal involves a detailed review, a plan or zoning bylaw
amendment, a development agreement, a servicing agreement, detailed development conditions, liability insurance,
performance bonds, caveats, or legal and professional planning advice, Council may require the applicant to pay the full
cost of the additional application review and administration costs, as Council may determine by resolution.
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Form A
Application# ______________
Town of Duck Lake, Saskatchewan
APPLICATION FOR BUILDING & DEVELOPMENT PERMIT
I hereby make application for a permit to :_____construct ______alter ______reconstruct _______develop a
building according to the information below and to the plans and documents attached to this application.
Address of Building or Development: ________________________________________________________
Legal Description: Lot____________ Block____________
Plan:
___________________________________________
Applicant:
_________________________________________________
Telephone:
____________________________
Mailing Address:
______________________________________________________________________
Owner:
___________________________________________
Telephone:
___________________________________
Contractor:
________________________________________
Telephone:
___________________________________
Site Area
(L/W/Total Area):
___________________________________________
Intended Use of
Proposed Structure(s): _____________________________
Foundation:
Wood_____ Cement _____
Dimensions of Proposed Structure: _______________________________________
Height:__________________
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Page 2, Town of Duck Lake, SK - APPLICATION FOR BUILDING & DEVELOPMENT PERMIT
Please list all existing structures on the site with the dimensions, i.e. Houses, garages, sheds, decks, and
other structures.
Estimated Development Dates: Start:______________________ Completion:___________________
Utilities: Heating __________________ Lighting __________________ Plumbing __________________
Business Use: ____ YES ____ NO Business Description:_______________________________________
Estimated Value of Construction (excluding land value) $_________________________________________
Site Plan Attached: ( ) YES ( ) NO
Building Plans Attached: ( ) YES ( ) NO
The following forms need to be completed, in addition to this application:
-
Form A1 - New Buildings & Additions
-
Form A2 - Attached Garages
-
Form A3 - Detached Garages
-
Form A4 - Decks
-
Form A5 - Mobile Homes
-
Forms provided by the building official
I hereby agree to comply with the Building Bylaw and Zoning Bylaw of the Town of Duck
Lake and acknowledge that it is my responsibility to ensure compliance with these and any other
applicable bylaws, provincial acts and regulations regardless of any plan review or inspections that may
or may not be carried out by the Town of Duck Lake or its authorized representative. I agree to do all
construction work solely in accordance and compliance with the information and plans provided by me in
this application, and will obtain all other work permits required in conjunction with my development.
_______________________________
_________________________________________
Date
Signature of Owner or Owner's Agent
Area
Height
Width
Length
Existing
OFFICE USE:
Percentage of Land Occupied by Existing and Proposed Buildings __________
Fee for Building Permit Application $_____________ Roll Number ________________________
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Town of Duck Lake, SK
APPLICATION FOR BUILDING PERMIT
Site Sketch
Please provide a diagram of the following:
1. Dimensions and lot lines of parcels or lots
2. Dimensions and locations of all existing and proposed buildings showing distances from lot lines
3. Location of power, gas and telephone lines
4. Adjacent roads
5. Topographical features (hills, water courses, wooded areas, etc.)
6. Adjoining land uses (residential/business, etc.)
7. North directional arrow
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FORM B
Application___________
Town of Duck Lake, Saskatchewan
BUILDING PERMIT
Permission is hereby granted to: ___________________________________________________________
to _______________________ a building to be used as a _______________________________________
on civic address or location ________________________________________________________________
Lot ________ Block ________ Plan ____________ in accordance with the application dated ____________.
Grade levels of the building site are to be as indicated below.
Rear Pile Elevation at "ENTER" Corner =
"ENTER" STREET NAME
Back of Sidewalk Elevation = "ENTER"
Rear Lot Grade 150 mm
Above Rear Pile
Rear Finished Building
Grade "ENTER" mm
Above Rear Pile
Front Finished
Grade
450 mm
Above
Sidewalk
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Page 2, Town of Duck Lake, SK - BUILDING PERMIT
This permit is issued subject to the following conditions:
Any deviation, omission or revision to the approved application requires approval of the local authority or its
authorized representative. This permit expires six months from the date of issue if work is not commenced
within that period or if work is suspended for a period of six months, unless otherwise authorized by the
Town of Duck Lake or its authorized representative.
Estimated Value of Construction: $ ___________________
Professional Inspection Fee:
$ ___________________
(If the applicant completes the work as authorized by the Building Permit, and is issued a Certificate
of Completion by the local authority or its authorized representative within the time limits as stated,
the sum deposited will be refunded).
NOTE: All permits issued under this section expire:
a. six 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. twelve months from the date of issue of the permit, unless extended by the local authority or its
authorized representative in response to a written request from the applicant.
If construction is not completed within one year a request for extension must be submitted.
______________________________
____________________________________________
Date
Signature of Authorized Representative
Without an approved extension the applicant will have to pay the full amount of the permit fee in order to
continue working on the project and this second fee covers one additional year of time for construction to be
completed.
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FORM C
Application:___________________
Permit Fee: $100
Completion Deposit: $3,000
Town of Duck Lake, SK
APPLICATION FOR A PERMIT TO DEMOLISH, REMOVE, OR RELOCATE A BUILDING
I hereby make application for a permit to demolish a building now situated on:
Civic address or location__________________________________________________________________
Lot _________________ Block _________________ Plan ______________________________________
The demolition will commence on ____________________________, 20______________.
and will be completed on ____________________________, 20______________.
OR
I hereby make application for a permit to remove and/or relocate a building now situated on
Civic address or location __________________________________________________
Lot _______________ Block ________________ Plan __________________________
or
Out of the municipality ____________________________________________________
to
Civic address or location ___________________________________________________
Lot _______________ Block _________________ Plan __________________________
or
Out of the municipality _____________________________________________________
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Page 2, Town of Duck Lake, SK - APPLICATION FOR A PERMIT TO DEMOLISH, REMOVE, OR RELOCATE A BUILDING
The Building has the following dimensions: Length __________Width__________ Height ______________
The Building Mover will be ________________________________________________________________
and the Date of the Move will be ________________________________, 20____.
The building will be moved over the following route:
The site work (filling, final grading, landscaping, etc.) which will be done after building is moved includes:
Permit Fee
$ ____________________
I hereby agree to comply with the Building Bylaw of the Town of Duck Lake and to be responsible and pay
for any damage done to any property as a result of the demolition or moving of the said building, and to
deposit such sum as may be required by Section 6(1)(b) and 7(1)(b) of the Building Bylaw. I acknowledge
that it is my responsibility to ensure compliance with any other applicable bylaws, acts and regulations, and
to obtain all required permits and approvals prior to demolishing, removing, relocating or placing a building.
Date
Signature of Owner or Owner's Agent
OFFICE USE:
FEE FOR PERMIT APPLICATION RECEIVED $______________ ROLL NUMBER _________________
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FORM D
Application__________________
Town of Duck Lake, SK
DEMOLITION, REMOVE, RELOCATE OR PLACE A BUILDING PERMIT
#_______________________
Permission is hereby granted to __________________________________________________________ to
______ Demolish ______ Remove ______ Relocate within Town or ______ Relocate in Town from outside
of Town, a building now situated on:
Civic address or location ______________________________________________________
Lot ____________ Block ____________ Plan _____________________________________
or
Out of the municipality ________________________________________________________
to
Civic address or location _____________________________________________________
Lot ____________ Block ____________ Plan _____________________________________
or
Out of the municipality ________________________________________________________
in accordance with the application dated ______________________________, 20_____.
This permit expires six months from the date of issue.
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Page 2, Town of Duck Lake, SK - DEMOLITION, REMOVE, RELOCATE OR PLACE A BUILDING PERMIT
This permit is issued subject to the following conditions:
Any deviation, omission or revision to the approved application requires approval of the Town of Duck Lake
or its authorized representative.
Professional Inspection Fees: $ ____________________
Completion Deposit Fee
$ ____________________
Once the applicant who demolished, moves, removes or places the building restores the site(s) to a
condition satisfactory to the local authority or its authorized representative, the sum deposited, or
portion thereof, shall be refunded.
__________________________
_____________________________________________
Date
Signature of Authorized Representative
OFFICE USE:
FEE FOR COMPLETION DEPOSIT RECEIVED $______________ ROLL NUMBER _________________