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BYLAW NO. 2011-MC-09
A BYLAW OF THE TOWN OF MAPLE CREEK RESPECTING BUILDINGS
The Council of the Town of Maple Creek, in the Province of Saskatchewan
enacts as follows:
1. SHORT TITLE
This bylaw may be cited as the Building Bylaw.
2. INTERPRETATION/LEGISLATION
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) "Regulations" means regulations made pursuant to the act.
c) "Administrative Requirements" means The Administrative Requirements
for Use with The National Building Code
d) "Local authority" means the Town of Maple Creek
e) "Authorized Representative" means a building official appointed by the
local authority pursuant to subsection 5(4) of the Act or the municipal
official
f) Definitions contained in the Act and Regulations shall apply in the bylaw.
3. SCOPE OF THE BYLAW
a) This bylaw applies to matters governed by the Act and the Regulations,
including the National Building Code of Canada, and the Administrative
Requirements
b) Notwithstanding subsection (a) references and requirements in the
Administrative Requirements respecting matters regulated by the Act and
Regulations shall not apply.
c) Notwithstanding subsection, (a) references and requirements in the
Administrative Requirements respecting "occupancy permits" shall not
apply except as and when required by Council or its authorized
representative.
4. GENERAL
a) A permit is required whenever work regulated by the Act and Regulations
is to be undertaken.
b) 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.
c) The granting of any permit which is authorized by this bylaw shall not:
i.
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, or
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ii.
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. BUILDING PERMITS
a) Every application for a permit to erect, place, construct, alter, repair,
renovate or reconstruct a building shall be in Form A, and shall be
accompanied by one set of the plans and specifications of the proposed
building, except that when authorized by a building official plans and
specifications need not be submitted.
b) 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 in Form B and return one set of
submitted plans to the applicant.
c) 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.
d) 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.
e) The permit fee for construction, erection, placement, alteration, repair,
renovation or reconstruction of a building shall be based on the
contractual services provided by the person mentioned in section (d).
f) 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.
g) Approval in writing from 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.
h) All permits issued under this section expire:
i.
six months from date of issue if work is not commenced within that
period, or
ii.
if work is suspended for a period of six months, or
iii.
if work is suspended for a period of longer than six months by prior
written notice agreements of the local authority or its authorized
representative.
i) The local authority may, at its discretion, rebate a portion of a permit fee
where work is reduced in scope or discontinued or where exceptional
circumstances occur.
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6. DEMOLITION OR REMOVAL PERMITS
a. The fee for a permit to demolish a building shall be as follows:
Shed
$50.00
Garage
$200.00
House
$500.00
Buildings in a district other than Residential:
Under 1,000 sq. ft.
$1,000.00
1,000 to 2,499 sq. ft.
$2,000.00
2,500 sq. ft. and over
$5,000.00
The fee to move a building shall be $5.00
b. In addition, the applicant shall deposit with the local authority the following
sum to cover the cost of restoring the site after building has been
demolished or removed to such condition that it is, in the opinion of the
local authority or its authorized representatives, not dangerous to public
safety.
Shed
$50.00
Garage
$200.00
House
$500.00
Commercial building under 1,000 sq. ft.
$1,000.00
Commercial building 1,000 to 2,499 sq. ft.
$2,000.00
Commercial building 2,500 sq. ft. and over
$5,000.00
c. 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 hereof, shall be refunded.
d. Every application for a permit to demolish or remove a building shall be in
Form C.
e. Where a building is to be demolished and the municipality is satisfied that
there are not debts or taxes in arrears with respect to the building or land
on which the building is situated, the municipality, upon receipt of the fee
and deposit prescribed, shall issue a permit for the demolition in Form D.
f. Where a building is to be removed from the municipality and the
municipality is satisfied that there are not debts or taxes in arrears with
respect to the building or land on which the building is situated, the
municipality, upon receipt of the fee and deposit prescribed, shall issue a
permit for the removal in Form D.
g. Where a building is to be removed from its site and set upon another site
in the local authority or its authorizes representative is satisfied that there
are not 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.
h. In addition, the local authority, upon receipt of the fee prescribed in
Section 5(e), shall issue a permit for the placement of the building in Form
B
i. All permits 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.
7. ENFORCEMENT OF BYLAW
a) If any building, or part thereof, or addition thereto is erected, placed,
constructed, altered, repaired, renovated or reconstructed in contravention
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of any provision of this bylaw, the Council 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:
i.
entering a building
ii.
ordering production of documents, tests, certificates, etc relating to
a building
iii.
taking materials samples
iv.
issuing notices to owners which order actions within a prescribed
time
v.
eliminating unsafe conditions
vi.
Completing actions, upon on owner's non-compliance with an
order, and adding the expenses incurred to the tax payable on the
property, and obtaining restraining orders.
b) If any building, or part thereof, is in an unsafe condition due to its faulty
construction, dilapidated state, abandonment, open or ungraded condition
or any other reason, the Council or its authorized representatives may
take any measures allowed by Subsection (a).
c) 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 municipality as required in Section 17(2) of the Act including,
but not limited to:
i.
on start, progress and completion of construction,
ii.
of change in ownership prior to completion of construction, and
iii.
of intended partial occupancy prior to completion of construction.
8. SPECIAL CONDITONS
a. 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.
b. 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.
c. It shall be the responsibility of the owner to ensure that change in property
lines and/or ground elevations will not bring the building or an adjacent
building into contravention of this bylaw
d. It shall be the responsibility of the owner to arrange for all permits,
inspections and certificates required by other applicable acts and
regulations.
9. PENALTY
a. Any person who contravenes any of the provisions of this bylaw shall be
liable to the penalties provided in Section 22 of the Act.
b. Conviction of a person or corporation for breach of any provision of this
bylaw shall not relieve him from compliance therewith.
c. Bylaw No. 2000-MC-17 is hereby repealed.
d. This bylaw shall come into force and effect upon final passing by the
Council of the Town of Maple Creek.
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THE OFFICIAL DOCUMENT HAS BEEN DULY SIGNED BY AUTHORIZED MUNICIPAL OFFICIALS
________________________________
Mayor
S E A L
________________________________
Administrator
ADOPTED BY COUNCIL ON MAY 10, 2011