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## A BYLAW RESPECTING BUILDINGS
The municipal Council of the Town of Kipling in the Province of Saskatchewan enacts as follows:
## SHORT TITLE
1. This bylaw may be cited as the Building Bylaw.
## REPEALED
1. Bylaw 1-2010 and Bylaw 12-2013 is hereby repealed.
## INTERPRETATION/LEGISLATION
- (1) "Act" means The Uniform Building and Accessibility Standards Act being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-4 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 Kipling
- (5) "Regulations" means regulations made pursuant to the Act.
- (6) Definitions contained in the Act and Regulations shall apply in this bylaw.
## SCOPE OF THE BYLAW
- (1) This bylaw applies to matters governed by the Act and the Regulations, including the National Building Code of Canada, and the Administrative Requirements.
- (2) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting matters regulated by the Act and regulations shall not apply.
- (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:
3. (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 agreements, bylaw, act and/or regulation affecting the site described in the permit, or
4. (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.
5. (c) This bylaw applies to all buildings except for accessory buildings not greater than 10 m2 in building area provided the buildings do not constitute a hazard.
## BUILDING PERMITS
- (1) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a building requires the completion of Professional Building Inspections Inc's Permit Information Form and relevant Specifications Form, 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 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 on a form provided by the local authority and return one set of Submitted plans to the Applicant.
- (3) The local authority may, at its discretion, have plan review, inspection and other services for the purpose 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.
- (5) The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building shall be based on the following:
- a) A permit administration fee of $50.00 for the processing, handling and issuance of a building permit; plus
- b) The service fees for plan review, field inspection of construction and enforcement services in accordance with the agreement between the provider of building official services and the local authority.
- c) All permit fees will be collected prior to the permit being issued and subject to applicable taxes.
- (6) 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.
- (7) 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.
- (8) All permits issued under this section expire:
6. (a) twenty four months from date of issue if work is not commenced within that period, or
7. (b) if work is suspended for a period of twelve months, or
8. (c) if work is suspended for a period longer than twelve months by prior written agreement of the local authority or its authorized representative.
- (9) 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.
- (10) The local authority may, at its discretion, where work has been suspended or delayed grant an extension of the permit of up to one year, upon the written request of the permit
## DEMOLITION OR REMOVAL PERMITS
6. (1) (a) The fee for a permit to demolish or remove a building shall be $50.00 for Residential properties and $100.00 for Commercial/Industrial or Institutional Properties.
2. (b) (i) In addition, the applicant shall deposit with the local authority a sum:
- to cover the cost of restoring the site
- any damages to Town or private property after the building has been demolished or removed to such condition that it is, in the opinion of the local authority or its authorized representative, not dangerous to public safety.
5. -This sum shall be in the form of a certified cheque in the amount of no less than fifteen hundred dollars ($1,500) or an amount determined by the local authority.
6. (ii) If the applicant who demolishes or removes the building restores the site to a condition satisfactory to the local authority or its authorized representative, the sum deposited, or portion thereof, shall be refunded.
7. (iii) The site of a demolition shall be taped off with reflective tape or fenced to ensure public safety; with open holes to be filled in within 48 hours of removal or demolition of the building.
- (2) Every application for a permit to demolish or remove a building shall be on a form provided by the local authority.
- (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 on a form provided by the local authority.
- (4) Where a building is to be removed from 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 permit for the removal on a form provided by the local authority.
- (5) (a) Where a building is to be removed from its site and set upon another site in the local authority, and the local authority or its authorized representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, and the building when placed on its new site and completed, to the best of the knowledge of the local authority or its authorized representative, will conform with the requirements of this bylaw, the local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal on a form provided by the local authority.
5. (b) In addition, the local authority, upon receipt of the fee prescribed in Section 5(5), shall issue a permit for the placement of the building on a form provided by the local authority.
- (6) All permits issued under this section expire twelve months from the date of issue except that a permit may be renewed for six months upon written application to the local authority.
## ENFORCEMENT OF BYLAW
7. (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:
2. (a) entering a building,
3. (c) taking material samples,
4. (b) ordering production of documents, tests, certificates, etc. relating to a building,
5. (d) issuing notices to owners that order actions within a prescribed time,
6. (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
7. (e) eliminating unsafe conditions,
8. (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).
2. 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:
3. (a) on start, progress and completion of construction,
4. (c) of intended partial occupancy prior to completion of construction.
5. (b) of change in ownership prior to completion of construction, and
## SUPPLEMENTAL BUILDING STANDARDS
8. Void
## 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 real property report of the site in a permit or permit application prepared by a registered land surveyor shall be submitted by the owner where required by the local authority or its authorized representative.
- (3) It shall be the responsibility of the owner to ensure that change in property lines and/or change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw.
- (4) It shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable bylaws, acts and regulations.
## PENALTY
- (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) Any person who undertakes actions under this bylaw before obtaining the proper permit under this bylaw shall be liable for double the permit fees.
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Enacted pursuant to Section 14 of The Uniform Building and Accessibility Standards Act
OF. KID
...
CORPORAL
-(S2A4909
ASKATCHENA
Bankied
MAYOR
ADMINISTRATOR
READ and adopted by the Council of
The Town of Kipling this JIth
\_ day of
Juk
, 2016.
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Certified a true copy of Bylaw No. //- QOIL adopted by resolution of the Council of the
Town of Kinling. Saskatchewan
this day of oi\_July.-
...AD. 2016
Chief Administrative Officer
APPROVED
In accordance with Clause 23.1(3)(a) of The Uniform Building and Accessibility Standards Act
Marcareta Bell
Bujlding Standards and Licensing Ministry of Government Relations
Augusts, 2016
Date