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TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
Consolidated to 4-2015
The Municipal Council of the Town of Martensville 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 Martensville.
(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
3. (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:
(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, or
(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.
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
BUILDING PERMITS
5. (1) Every application for a permit to construct, erect, place, alter, repair, renovate 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 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.
(5) The permit fee for assessment, construction, erection, placement, alteration, repair, renovation or
reconstruction of a building shall be calculated as follows:
$5.00 per $1000 of value on construction with a minimum fee of $75.00 plus a $20.00 flat fee for assessment
maintenance by Saskatchewan Assessment Management Agency (SAMA) for a total minimum fee of $95.00.
(Amendment 4-2015)
(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
(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) if work is suspended for a period of longer than six 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) Where work for which a permit is required has commenced prior to the issuance of such permit, an additional
fee shall be paid in an amount equal to 100% of the permit fee or $10,000.00, which ever is less.
(Amendment Bylaw 61-2007)
DEMOLITION PERMITS
6. (1) (a) The fee for a permit to demolish a building shall be $25.00.
(b) (i) In addition, the applicant shall deposit with the local authority a $5000 surety in cash or 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.
(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 portion thereof, shall be refunded.
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
(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 Martensville 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.
REMOVING, RELOCATION OR PLACEMENT OF BUILDING PERMITS
7. (1) (a) The fee for a permit to remove and/or relocate a building shall be $25.00.
(b) i)
In addition, the applicant shall deposit with the local authority a $5000 surety 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.
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.
(4) (a) Where a building is to 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.
(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.
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
(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 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 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 Martensville 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.
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.
CONTROL OF GRADE ELEVATIONS
9. (1) When issuing a building permit for new construction or alterations involving new foundation, the local
authority or its authorized representative in conjunction with the town engineers shall define the finished grade
elevation, the future sidewalk elevation (if required) and the benchmark reference for the development.
(2) It will be the responsibility of the owner to ensure all grade elevations are met and maintained.
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
SPRINKLERED FIRE PROTECTION
10. Not withstanding the requirements of the UBAS Act and regulations are maintained all buildings over two storeys
in building height shall be sprinklered.
SPECIAL CONDITIONS
11. (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) 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.
(5) That no permits be issued for properties that do not have approved water, sewer, curb, gutter, sidewalk and
road bed installed. These services will be inspected and approved by the Town's consulting engineers.
(Amendment Bylaw 36-2006)
PENALTY
12. (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.
REPEAL OF BYLAW
13. Bylaw 18/78 and 19/83 are hereby repealed.
EFFECTIVE DATE OF BYLAW
14. This bylaw shall come into force on the date of final approval by the Minister.
Enacted pursuant to Section 14 of
MAYOR
The Uniform Building and Accessibility
Standards Act
ADMINISTRATOR
Certified a true copy of Bylaw No. 37-2004
adopted by resolution on the
21st day of December, 2004
MUNICIPAL OFFICIAL
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
DEVELOPMENT PERMIT/BUILDING PERMIT APPLICATION
This is NOT a Building Permit
Page 1 of 1
Form A
CLASS OF
WORK
New
Alterations
Addition
Relocation
Permit #
Repair
Demolition
Removal
Development
PROJECT INFORMATION
Building Address(Including Unit #)
Legal Description
Value of Construction Excluding
land Value
Lot Block Plan
Proposed Use:
Estimated Development Dates:
Basement Development ( ) YES ( ) NO Deck ( ) YES ( ) NO
Start:
Completion:
Detached Garage ( ) YES ( ) NO Fireplace ( ) YES ( ) NO
Property Size:
Please list all existing structures on the site as well as area, ie. Houses, garages, shed, decks & other structures
Existing Buildings
Area
APPLICANT
Applicant Name
Company Name (if applicable)
Mailing Address
City
Province
Postal Code
Phone Number
Fax
Email Address
Main
Other
OWNER
Owner Name or Same as Applicant ( ) Yes
Company Name (if applicable)
Address
City
Province
Postal Code
Phone Number
Fax
Email Address
Main
Other
CONTRACTOR
Contractor Name or Same as Applicant ( ) Yes
Company Name (if applicable)
Address
City
Province
Postal Code
Phone Number
Fax
Email Address
Main
Other
APPLICATION INFORMATION
Office Use
Percent of Land Occupied: ______________________
Application will not be processed if site plan is not attached
Approved by Developer ( ) YES ( ) N/A
Site Plan attached ( ) Yes
Fee for Building Permit $ ________________________
2 sets of drawings must be attached or
Fee for Development Permit $100.00 R# __________
Application will not be processed.
Total amount owing $ __________________________
Drawings attached ( ) Yes
Roll Number __________________________________
I hereby agree to comply with the Building & Zoning Bylaw of the Town of Martensville and acknowledge that it is my responsibility to ensure compliance
with these and any other applicable bylaws, provincial acts & Regulations regardless of any plan review or inspections that may or may not be carried
out by the Town of Martensville or its authorized representative. I agree to do all construction work solely in accordance & compliance with the
information & plans provided by me in this application, & will obtain all other work permits required in conjunction with my development. I herby declare
that the above information is true and correct.
Applicant Signature
Date
TOWN OF MARTENSVILLE
BYLAW NO. 37-2004
A BYLAW RESPECTING BUILDINGS
FORM B
Application «Permit_Number»
Town of Martensville, Saskatchewan
BUILDING PERMIT
Permission is hereby granted to __________________ to construct a _______________________ on Lot ______,
Block ___________, Plan________________, civically known as _______________, in accordance with the
application dated ___________________________. Grade levels of the building site are to be as indicated below.
This permit is issued subject to the following conditions:
1. Compliance with the provisions listed in the Plan Exam Report.
2. Compliance with the elevations for this property as shown on the attached Lot Grade Plan as provided by the Town and
engineered by Catterall and Wright Consulting Engineers are the responsibility of the property owner.
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 Martensville or its authorized representative.
Estimated Value of Construction:
$ ____________________
Permit Fee:
$ ____________________
Date
Signature of Authorized Representative
Town of Martensville, Saskatchewan
APPLICATION FOR A PERMIT TO
DEMOLISH, REMOVE, RELOCATE OR PLACE A BUILDING
Form C
I hereby make application for a permit to:
Demolish
Remove
Relocate within Town
Relocate in Town from Out of Town
a building now situated on: _______________________________________(Civic address or location)
Legal: Lot _____ Block ___ Plan ______________
The work will commence on _____________, 20
and will be completed on ____________, 20____.
The Building Mover will be ________________________________
The building will be moved over the following route:
____________________________________________________________________________________________________
The building will be relocated to: __________________________________________ (Civic address or location)
The site work (filling, final grading, landscaping, etc.) which will be done after building is moved includes:
____________________________________________________________________________________________________
____________________________________________________________________________________________________
_________________________________________________________________________
I hereby agree to comply with the Building Bylaw of the Town of Martensville 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. I hereby declare that the above information is true and correct.
________________________
__________________________________
Date
Signature of Owner or Owner's Agent
Office Use Only:
Permit Fee $ _______
Deposit Fee $ _______
Permission is hereby granted to __________________________________________________________ to
Demolish
Remove
Relocate within Town
Relocate in Town from Out of Town
a building now situated on ____________________________ Lot ___ Block ____ Plan ____________
(Civic Address)
to: __________________________________________________________________
in accordance with the application dated
_____, 20
.
This permit expires six months from the date of issue.
This permit is issued subject to the following conditions:______________________________________________
____________________________________________________________________________________________________
__________________________________________________________________________
Any deviation, omission or revision to the approved application requires approval of the Town of Martensville or its
authorized representative.
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