Building Bylaw 01-2025

Kyle, Saskatchewan

This is the exact embedded text of the captured official document. Snapshot 874a253edeaf · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF KYLE BYLAW NO. 01-2025 A BYLAW RESPECTING BUILDINGS The Council of the Town of Kyle in the Province of Saskatchewan enacts as follows: SHORT TITLE 1 This bylaw may be cited as the Building Bylaw. 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. "building official" means a person who holds a building official licence. "certificate of occupancy" means a written document issued by the local authority giving the owner of the building permission to occupy the building for its intended use. "competent person" means a person who is recognized by a 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. "local authority" means the Town of Kyle and its elected council. "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. "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; 2 (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 design, construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, change of use, occupancy or change of occupancy of a building. SCOPE OF THE BYLAW 4 This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority. PERMIT FEE AND PAYMENT 5 (1) The Permit fee for design, construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, change of use, occupancy or change of occupancy of a building, a permit extension permit and renewals shall be calculated according to the sum of the following fee schedule: (a) The permit fee shall be an administration fee of $25 per permit plus $1 per $1000.00 of value of construction with a minimum fee of $25 for a building permit issued under this bylaw. (b) In addition, the fee shall be equal to the full cost to the Town of Kyle 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 Town of Kyle. (c) The fees for the services as prescribed in Clause 5(1)(b) may be amended from time to time as agreed to by the Town of Kyle and building official. (i) A copy of the fee schedule is available upon request. (d) The permit fee shall also include the full cost of the SAMA fee if applicable. (e) Permit fees are exempt from GST. (f) A deposit, if required, in an amount determined by the Town of Kyle. 3 (g) Where it is determined that work has commenced for which a permit has not been issued, the permit fees will be doubled. (2) In addition, the applicant shall deposit with the Town of Kyle a sum, based on subclauses 5(2)(a)(i), (ii), (iii), (iv) and (v), to cover the cost of restoring the site after the building has been demolished or removed. Such restoration shall include the removal of all below-grade structures, including but not limited to basement walls and floor, septic tanks and cisterns and the backfilling of all excavations. In the case of a cistern, which is located below the floor of a basement, the applicant will be allowed to leave such structure in place provided that the entire cistern top is removed and cistern is filled with sand. If the applicant who demolishes or removes the building restores the site to a condition satisfactory to the Town of Kyle or its building official, the sum deposited shall be refunded. (a) The Site Restoration Deposit Fee Schedule for restoration after the demolition or removal of a building or mobile home, shall be as follows from a site with: (i) No below grade structures and no surface concrete structures- $500. (ii) Below-grade structures limited to wooden pilings only and no surface concrete structures- $1000. (iii) Below-grade structures limited to concrete pilings only and a surface foundation- $2500. (iv) Basement- $5000. (v) In addition to the fees stipulated in clauses 5(2)(b)(i), (ii), (iii) and (iv), the following fees for the demolition or removal shall be required where applicable for: 1. Each water or wastewater reservoir located at ground level $1000. 2. Each surface concrete floor, driveway or walkway- $500. GENERAL 6 (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) A building or part of a building for which a permit has been granted shall not be occupied before the issuance of a certificate of occupancy by the local authority or the building official pursuant to clause 16(11)(h) of the Act. (4) The provisions of this building bylaw apply to buildings greater than 10m2 (107.6 ft2) in building area except as otherwise exempted by the Act or the regulations. (5) 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. (6) Approval in writing from the Town of Kyle or the building official is required for any deviation, 4 omission or revision to work for which a permit has been issued. (7) Every application for a permit to demolish or remove a building shall be in Form "C". (8) Where Form C, an application for a building to be demolished or removed from the Town of Kyle is received and the Town of Kyle 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 Town of Kyle, upon receipt of the fee and deposit prescribed, shall issue a permit in Form "D". PERMIT - ISSUANCE 7 (1) Every application for a permit for work shall be on form "A" and shall be accompanied by the issued development permit by the local authority when applicable, 2 sets of the plans and specifications of the proposed building and or work, a real property report to confirm the placement of the building(s) if required, submitted in a format acceptable to the local authority. (2) Council shall have the permit application reviewed and approved by the building official. (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, issue a permit on the form "B" provided by the local authority. In addition, one set of the approved plans and specifications will be returned to the owner or the owner's representative with the permit. (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 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. (7) If a deposit is collected it shall, on request by the owner or owner's representative, be refundable on satisfactory completion of the work or on approval of use or occupancy of the building by the local authority or the building official. (8) All permit fees and deposits will be collected before the permit is issued and subject to any applicable taxes. (9) 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 5 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. (10) 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. (11) The owner or the owner's representative will be invoiced by the Town of Kyle 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 Town of Kyle 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. (12) 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 AND REVOCATION 8(1) The local authority may refuse to issue a permit if: (a) the proposed work 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 Town of Kyle's building bylaw; (b) the person who designed or reviewed the design of the proposed work 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 work 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 applies to the proposed work. (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 mistaken, false or incorrect information; or (d) the permit was issued in error. 6 (3) Where the local authority refuses to issue or revokes a permit, the Town of Kyle shall provide written notice to the applicant or permit holder as to the reasons for the refusal or revocation. (4) In the event the local authority refuses to issue a permit, the Local authority shall refund any fee or deposit paid as part of the permit application for work, less any fees incurred by the local authority for administration and service fees. 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) 24 months from date of issue; (b) 6 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 6 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) An owner or the owner's representative that does not complete all the work listed on a permit before the permit expires shall apply to the local authority that issued the permit to do one of the following: (a) revoke the permit; (b) extend the term of the permit; (c) vary the condition of the permit. (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 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 Building Code Regulations for the purpose of ensuring compliance with this building bylaw. NOTIFICATION 11 (1) The owner or the owner's representative of a building to be constructed shall ensure that the local authority is notified of: (a) when excavation is to be commenced; (b) when the foundation is to be placed; (c) when a superstructure is to be placed on the foundation; (d) any other event at the time required by the permit under which work has been undertaken; 7 and (e) any other specified event at the specified time. (2) Before commencing work at a building site, the owner or the owner's representative shall give notice to the local authority of: (a) the date on which the owner or the owner's representative intends to commence the work; and (b) subject to subsection (8), the name, address and telephone number of: (i) the constructor or other person in charge of the work; (ii) the designer of the work; (iii) the person or firm that is to review the work to determine whether or not the construction conforms to the design; and (iv) any inspection or testing agency that is engaged to monitor the work. (3) During the course of construction, the owner or the owner's representative shall give notice to the local authority of: (a) subject to subsection (8), any change in, or termination of, the employment of a person or firm mentioned in clause (2)(b); (b) the owner's or owner's representative intent to do any work that has been ordered by a building official or local authority to be inspected during construction; (c) the owner's or owner's representative intent to enclose work that has been ordered by a building official or local authority to be inspected before enclosure; (d) subject to subsection (8), any proposed deviation from the plans approved and permitted by the local authority; (e) subject to subsection (8), any construction undertaken that deviates from the plans approved and permitted by the local authority; and (f) the completion of work. (4) Subject to subsection (8), the owner or the owner's representative of a building under construction shall give notice to the local authority of: (a) any change in ownership or change in address of the owner or the owner's representative that occurs before the issuance of a certificate of occupancy as soon as the change occurs; and (b) the owner's or owner's representative's intention to occupy a portion of the building if the building is to be occupied in stages. (5) The owner of a building or the owner's agents, contractors, employees, successors or assigns 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. (6) A report submitted pursuant to subsection (5) must: 8 (a) contain: (i) the name and address of the owner; (ii) the address or location of the building involved in the failure; (iii) the name and address of the constructor of the building; and (iv) the nature of the failure; and (b) be submitted to the local authority within 15 days after the occurrence of the failure mentioned in clause (5)(a) or (b). (7) On receipt of the report pursuant to subsection (5), the local authority may require an owner to do the following: (a) provide any other information that the building official or local authority may consider necessary; (b) complete any additional work that is necessary to ensure compliance. (8) Notice given pursuant to clause (2)(b), (3)(a), (3)(d), (3)(e) or subsection (4) is to be in writing. SPECIAL CONDITIONS 12 (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) the inspection 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) In addition to the requirements of subsection (1), (2) or (3), 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. (5) 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. 9 (6) 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. (7) 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. (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 owner or the owner's representative shall immediately alter the building or part of the building to bring it into compliance with the NBC. PENALTY 13(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. REPEAL OF BYLAW(S) 14 On enactment of this building bylaw, Bylaw #4-2007 is hereby repealed. Enactment pursuant to Section 17 of The Construction Codes Act. This Bylaw comes into force upon approval by the Ministry of Government Relations - Building and Technical Standards Branch. X_________________________________ (MAYOR) Certified as a true copy of bylaw number 01-2025 adopted by resolution on the 12th day of March 2025. X_________________________________ seal (ADMINISTRATOR) 10 Form A- Building Permit Application Bylaw #05-2024 Town of Kyle Building Permit Application under The Construction Codes Act Applicant Information (permit applicant can be an owner's representative) Company company name if applicable Primary Contact primary contact for project Address for correspondence purposes Phone and Email primary contact primary contact Permit Information Project Location civic address or legal description Project Description written description of project Project type (check one) New Construction Addition, Alteration, Repair or Renovation to Existing Building Temporary Structure Relocation of an Existing Building Demolition or removal of an Existing Building Change of use or change of occupancy Attached Code analysis Yes No Construction Plans and Specifications Yes No Building Area and Height area in square meters height in storeys Value of Construction $ For Office Use Only Tax Roll Number Permit Fees Owner Information (include all owners listed on the property title or attach in a separate sheet) Company Project Contact Address Phone and Email 11 General Contactor Information (a building owner can be identified as a self-contractor) Company Project Contact Address Phone and Email Lead architect, engineer or competent person (this is the individual responsible for the overall design...all other designers should be included on a separate sheet attached to this application) Company Project Contact Address Phone and Email Declaration by Applicant I hereby declare that the above statements contained within this application and attached drawings are true and correct. I agree that where required, a Development Permit must be issued in order for the Building Permit to be valid. Neither document relieves the owner, the applicant, or the owner's agent from complying with all Town of Kyle's bylaws and/or Provincial and Federal acts and regulations including the National Building Code (NBC) and the National Energy Code for Buildings (NECB) and the National Plumbing Code (NPC), and that it is my responsibility to ensure compliance with such legislation, regulations, bylaws and codes regardless of any plan review or inspections that may or may not be carried out by the building official, local authority or its building official. I agree that no construction shall commence without proper permits and approvals. Name Signature Date Notes: A Code Analysis provides detailed information on provision of the NBC, NECB or NPC that apply to the specific project demonstrating design and construction is intended to meet minimum requirements. Value of Construction is the total cost 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. Building area means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls. Building height (in storeys) means the number of storeys contained between the roof and the floor of the first storey. 12 ****************************************************************************** ************** FOR USE BY TOWN OFFICE ONLY ****************************************************************************** ************** APPLICATION NUMBER __________ DATE RECEIVED ______________ 1. Present Zoning Designation _________________ 2. Proposed Use: Principal ____________________ Accessory __________________ ____ Permitted _____ Discretionary ____ Not Allowed 3. New Construction: Required Proposed Lot area _______ ________ Lot frontage _______ ________ Yard, front _______ ________ Yard, rear _______ ________ Yard, side _______ ________ Lot coverage _______ ________ Floor area _______ ________ Height _______ ________ 4. APPLICATION STATUS: (1) Meets all provisions of the Zoning Bylaw _______ (2) Does not meet the following provisions: ________ _______________________________________________________ _________________ _______________________________ DATE DEVELOPMENT OFFICER m:\documents\planning & development\town of kyle - development permit application.docx 13 Form B Building Permit Bylaw #05-2024 Town of Kyle Building Permit under The Construction Codes Act Permit Information Permit Number Project Description written description of project Project Location civic address or legal description Building Area and Height area in square meters height in storeys Major Occupancy A1 A2 A3 A4 B1 B2 B3 C D E F1 F2 F3 Code Application Part 3 Part 9 NECB Section 9.36 Permit Fees $ calculated from permit fee bylaw Applicant Company Project Contact Address Phone and Email Permit Requirements Insert or reference here and attach: - Code Analysis - Plan review report - Points of construction where it is necessary to advise the local authority - Required field inspection of construction - Other instructions Building Official Approval Signature 14 Date Notes: "major occupancy" means A1 - Assembly occupancies intended for the production and viewing of the performing arts A2 - Assembly occupancies not elsewhere classified in Group A A3 - Assembly occupancies of the arena type A4 - Assembly occupancies in which the occupants are gathered in the open air B1 - Detention occupancies in which persons are under restraint or are incapable of self- preservation because of security measures not under their control B2 - Treatment occupancies B3 - Care occupancies C - Residential occupancies D - Business and personal services occupancies E - Mercantile occupancies F1 - High-hazard industrial occupancies F2 - Medium-hazard industrial occupancies F3 - Low-hazard industrial occupancies Part 3 applies to all buildings more than three storeys in building height or more that 600m2 in building area and some smaller buildings that have Group A, Group B or Group F, Division 1 major occupancies. Part 9 applies to buildings three storeys or less in building height and 600m2 or less in building area with Group C, Group D, Group E and Group F, Divisions 2 and 3 major occupancies. NECB means the National Energy Code for Buildings and applies to all buildings except one- and two-unit dwellings. Section 9.36 means the portion of the National Building Code of Canada that applies energy efficiency standards to one and two unit dwelling and certain other small buildings. Where permit requirements are attached, they become part of the approved building permit. Permit fees are calculated pursuant to section 5 of the building bylaw. 15 Form "C" to Bylaw 04-2024 Town of Kyle TOWN OF KYLE, Saskatchewan DEMOLITION AND REMOVAL PERMIT APPLICATION 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 move a building now situated on: civic address or location : __________________________________ Lot _____ Block __________ Plan Out of the Town of Kyle. 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 removal of the building includes: _____________________________________________________________ I hereby agree to comply with the provisions of the Building Bylaw of the Town of Kyle and to become responsible and pay for any damage done to a property as a result of the demolition or relocation of the said building, and to deposit such sum as may be required of the said 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 or moving the building. ______________________________________ Signature of Owner or Agent m:\documents\forms\form c application for a permit to move or demolish.docx 16 Form "D" to Bylaw 04-2024 Town of Kyle TOWN OF KYLE, Saskatchewan DEMOLITION OR REMOVAL PERMIT # ____________ Permission is hereby granted to _______________________________ to _____ Demolish OR _____ Remove Building now situated on : Civic Address or location: ____________________________________ Lot _______ Block__________ Plan ___________ out of the Town of Kyle In accordance with the application dated: ______________________ This permit expires three months from the date of issue. This permit is issued subject to the following conditions: The building site shall be backfilled and levelled with such materials and in accordance with such specifications as outlined by the Town of Kyle Building Inspector. Any Damage to any Town Property (example: streets, sidewalks, water & sewer lines) must be repaired at the permit holder's expense. When backfilling excavations, the general surface level of a building lot just be left at its pre- development level unless it is to fill an obvious depression on the lots and in no case may a lot be built up with earth so as to be higher than the adjoining lots or to interfere with the natural drainage of water or to cause water to drain onto an adjoining lot. All demolition material, whether combustible, non-combustible or concrete shall be removed from the building site and transported to a waste disposal site approved by the Saskatchewan Ministry of Environment (1-800-567-4224 or email [email protected].) Any deviation, omission or revision to the approved application requires approval of the local authority or its appointed building official. Permit fee $ _____ Deposit fee $ _______ Date: _________________ _____________________________________ Signature of Building Official m:\documents\forms\form d demolition or moving permit.docx