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CITY OF PRINCE ALBERT
BYLAW NO. 1 OF 2018
Disclaimer:
This consolidation is not an Official Copy of the Bylaw. Amendments
have been incorporated solely for research convenience purposes only.
Original Bylaw and amendments are available from the City Clerk's
Office and must be consulted for purposes of interpretation and
application of the law.
Building Bylaw
BYLAW NO. 1 OF 2018
Including the Following Amendments:
AMENDMENTS
Bylaw No. 1 of 2022
DATE PASSED
February 15, 2022
OFFICE CONSOLIDATION
BYLAW NO. 1 OF 2018
Page 3 of 12
City of Prince Albert
Bylaw No. 1 of 2018
A Bylaw of The City of Prince Albert to regulate the
erection, classification, alteration, repair, occupancy,
demolition or removal of buildings within the City of
Prince Albert.
WHEREAS The Construction Codes Act provides the City may pass bylaws
in respect to certain matters and shall administer and enforce the provisions of that Act
and its Regulations, which include The National Building Code of Canada.
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT
IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Title
1.
This bylaw may be cited as the "Building Bylaw".
Definitions
2.
(1)
In this Bylaw:
(a)
"Act" means The Construction Codes Act;
(b)
"Administrative
Requirements"
means
The
Administrative
Requirements for Use with the National Building Code, 1985, as
same may be amended and adopted for use from time to time in the
Province of Saskatchewan;
(c)
"Building Permit" means a permit issued by the Building Inspector to
proceed with construction or reconfiguration of a specific structure at
a particular site in accordance with the approved drawings and
specifications, or use or occupancy of a building.
(d)
"Building Inspector" means that person appointed as Building
Inspector for the City of Prince Albert and anyone authorized to act
on his behalf from time to time by resolution of Council and anyone
acting in accordance with his instructions;
BYLAW NO. 1 OF 2018
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(e)
"City" means the City of Prince Albert;
(f)
"City Engineer" means the City Engineer for the City of Prince Albert
and anyone acting or authorized to act on the City Engineer's behalf;
(g)
"Council" means the Prince Albert City Council;
(h)
"Custom Work Order" means the requirement of deposits and the
estimation of the value thereof to be paid prior to the commencement
of the work and the invoicing for work performed by City forces that
is calculated by the City Engineer and constitutes the standard
charge for all such work performed deemed by the City Engineer to
reflect the actual cost to the City of labour, equipment and materials
used together with an administration fee; and further, includes such
alterations by the City Engineer to such standard fees and charges
from time to time to reflect changes in the actual costs;
(i)
"Demolition Permit" means a permit issued by the Building Inspector
to proceed with demolition or removal of any or all of a structure.
(j)
"Director of Financial Services" means the Director of Financial
Services for the City of Prince Albert and anyone acting or authorized
to act on the Director of Financial Services behalf;
(k)
"Grade Certificate" means a certificate prepared by the City's Public
Works Department, which certificate shall set out with respect to the
property on which the subject building or proposed building is
situated the elevation of the sanitary sewer, street and lane or
easement abutting the said property so that the owner of the said
property is able to ensure that the building or proposed building will
be set at such a height above curb (or road) level that adequate
surface drainage from lot to street will be obtained, and also that
adequate sewer drainage from the basement to the street sewer will
result;
(l)
"municipality" means the City of Prince Albert;
(m)
"National Building Code" means the National Building Code of
Canada only as same may be adopted and amended by the Act and
the Regulations for application within the Province of Saskatchewan
from time to time;
(n)
"permit" means any permit issued by the Building Inspector in relation
to a building, and includes but is not limited to the design,
construction, erection, placement, renovation, demolition, removal,
use or occupancy of the building.
(o)
"Real Property Report" means a report prepared by a member of the
Saskatchewan Land Surveyors' Association in accordance with The
BYLAW NO. 1 OF 2018
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Saskatchewan
Land
Surveyors'
Act
and
Bylaws
of
the
Saskatchewan Surveyors' Land Association as the same may be
amended from time to time or such Act or Bylaw as may be
substituted therefor from time to time;
(p)
"regular working hours" means between 8:00 a.m. and 4:45 p.m. on
working days;
(q)
"Regulations" means Regulations passed pursuant to the Act;
(r)
"Site Plan" means a report or plan prepared by a member of the
Saskatchewan Land Surveyors' Association in accordance with the
National Building Code;
(s)
"Zoning Bylaw" means the City of Prince Albert Zoning Bylaw as may
be amended from time to time or such Bylaw or Bylaws as may be
substituted therefor from time to time;
(2)
Unless the context otherwise requires and subject to Subsection (1), terms
and expressions used in this Bylaw shall have the same meaning as in the Act and
the Regulations.
(3)
Unless the context otherwise requires and subject to Subsections (1) and
(2), terms and expressions used in this Bylaw shall have the same meaning as in
the Zoning Bylaw of the City of Prince Albert.
Application of Law
3.
(1)
The National Building Code applies and is in force in the City of Prince
Albert.
(2)
In addition to the requirements for garages attached to dwelling units within
the National Building Code, attached garages are required to have a 45 minute fire
separation, all joints must be sealed to ensure continuity of the barrier, between
the garage and the dwelling unit including the attic space of the dwelling unit as
defined under the National Building Code.
(3)
This Bylaw shall be interpreted and applied in conjunction with the National
Building Code of Canada, The National Energy Code of Canada, The Construction
Codes Act, The Building Code Regulations, The Energy Code Regulations and the
1995 Administrative Requirements.
(4)
The Building Inspector is hereby appointed and shall carry out the duties of
inspector and as "the person appointed" by the City within the meaning of the Act.
(5)
Notwithstanding Subsection (3), references and requirements in the
Administrative Requirements respecting matters regulated by the Act and
Regulations shall not apply.
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(6)
Notwithstanding Subsection (3), references and requirements in the
Administrative Requirements respecting "Occupancy Permits" shall not apply
except as and when specifically required by the Building Inspector as a condition
in a building permit or as otherwise provided in a bylaw of the City.
(7)
Any secondary suite for which a building permit has not been issued,
discovered in a one or two unit dwelling constructed prior to January 1, 1989, will
be subject to the provisions defined within the Property Maintenance Bylaw, as
same may be amended by Council from time to time. Any secondary suite
discovered in a one or two unit dwelling constructed after January 1, 1989 will be
subject to the provisions of the current edition of the National Building Code of
Canada in force at the time of discovery.
Permit Required
4.
(1)
Subject to Section 15, no one shall commence, continue or cause to be
commenced or continued any work to which the Act, Regulations or this Bylaw
applies unless the owner of the real property on which the work is to be carried out
has obtained a permit as the case may require, and such permit has not expired
pursuant to Section 17.
(2)No one shall commence, continue or cause to be commenced or continued any
work referred to in Subsection (1) in respect of which a license, permit or other
authorizing instrument under another bylaw or provincial or federal act, regulation
or code is required until such license permit or instrument is obtained.
(3)Anyone who commences work without first obtaining a permit will have a
$250.00 fee added to the cost of their permit, in addition to the regular permit fees.
Restriction
5.
Notwithstanding Subsection 6(1), no permit shall be issued in respect of any
building, the plans for which show construction of any kind (other than cornices or belt
courses) on, over or under the surface of any public place or public utility, service pipe,
line, wire or conduit whatsoever, without prior approval of Council. If a permit is issued in
breach of this requirement, at no cost to the City, the owner shall forthwith upon notice
from the Building Inspector or authority having jurisdiction, comply with any applicable
federal or provincial acts, regulations or codes or bylaws of the City.
Permit to Issue
6.
(1)
Where an application has been made in a form as approved by the Building
Inspector, submitted to the Building Inspector, completed to his satisfaction, the
appropriate permit fees paid and the proposed work set out in the application
conforms with this Bylaw, the National Building Code, the Act and Regulations, a
permit shall be issued for which the application was made, subject to any
conditions as the Building Inspector may, in his opinion, deem appropriate,
including, and not to limit the generality of the foregoing, that the owner engage an
BYLAW NO. 1 OF 2018
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architect or professional engineer as required in the Act and Regulations and that
inspections be called for in addition to those specified in the Act and Regulations.
(2)
Every permit issued shall be subject to the right of the Building Inspector to
impose such conditions as he may, in his opinion, deem appropriate, by reason of
discovery of circumstances during the course of the proposed work described in
the application for the permit or otherwise.
(3)
Notwithstanding that a permit is issued in breach of Subsection (1), the
owner shall ensure that the proposed work set out in the application shall conform
with this Bylaw, the National Building Code, the Act and Regulations.
(4)
Every permit application that includes a treated wood assembly in use,
below grade, must be submitted in the form of a stamped drawing as certified by
a professional architect or structural engineer registered in the province of
Saskatchewan.
Permit Application
7.
Every application for a permit shall:
(1)
be completed to the satisfaction of the Building Inspector;
(2)
be signed by the applicant, the applicant being either:
(a)
the registered owner of the property wherein construction is
occurring; or
(b)
a tradesman/contractor who has a current valid business license in
the City of Prince Albert; or
(c)
a person who holds a valid contractual commitment with the City to
purchase the property upon which construction is to occur.
Building Permits
8.
(1)
Any Building Permit application must be accompanied by one hard copy
and one digital set or two hard copies of specifications and scaled drawings of the
building with respect to which the work is to be carried out, including but not limited
to:
(a)
the dimensions of the building;
(b)
the proposed use of each room or floor area;
(c)
the dimensions of the land on which the building is situated and the
siting of the building;
BYLAW NO. 1 OF 2018
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(d)
the grades of the street and utility mains or pipes within same
abutting the land referred to in Subsection (c); and
(e)
if required by the Building Inspector, a Real Property Report; and
(2)
contain any other information required by the Act, Regulations,
Administrative Guidelines this Bylaw or as may be further required by the Building
Inspector, whether by conditions imposed in the permit or otherwise, including, and
not to limit the generality of the foregoing, certification of an architect or
professional engineer as required in the Act and Regulations.
Demolition Permits
9.
(1)
Every applicant for a Demolition Permit shall pay a fee pursuant to The
Building Fee Bylaw, as amended.
(2)
If the site is not restored to a safe and tidy condition within 30 days of
completion or abandonment of demolition or, in any event, within 30 days of the
date of expiry of the permit, the City may perform such work as is necessary to
ensure the site is not dangerous to public safety. In such a case, the applicant
shall be liable for the costs of site restoration and be liable to pay to the City any
shortfall upon demand.
(3)
The City Engineer, at his discretion, may direct that the existing sewer
and/or water connection be terminated at the mains or may require the
replacement of the said sewer and/or water connection or may allow the reuse of
the existing sewer and water connection. In the event of any necessary connection
or re-connection to the mains, the owner shall comply with the requirements of the
City Engineer. As a condition of the issuance of a permit under this Bylaw, the City
Engineer may require that a Custom Work Order be executed and a deposit made,
equal to the estimated cost of any necessary connection or re-connection to the
mains.
(4)
No Demolition Permit shall be issued with respect to any building on which
taxes are in arrears or outstanding without approval of the Director of Financial
Services.
Real Property Report
10.
(1)
For any new building, the owner will be required to provide a Real Property
Report to the Building Inspector.
(2)
In the case of an accessory building or additions to buildings for which a
Real Property Report has not been required by the Building Inspector, the owner
shall submit a current Site Plan respecting the land as referred to in Subsection
8(1)(c) to the Building Inspector, which Site Plan shall indicate, in addition to those
items required by the National Building Code, that the siting of the building or
addition will be in accordance with the information on the Building Permit as
referred to in Subsection 8(1)(c) before any work beyond the completion of
BYLAW NO. 1 OF 2018
Page 9 of 12
foundation work is undertaken.
(3)
The Building Inspector may request a Real Property Report at any time to
verify the building's setbacks.
Grade Certificate & Drainage of Storm Water
11.
Every applicant for a Building Permit to construct a new building or reconstruct the
foundation of an old building shall obtain a Grade Certificate from the Public Works
Department.
12.
No Building Permit shall be issued until the plans in respect to drainage of storm
water from a building site have been approved by the City Engineer.
Refusal or Revocation of Permits
13.
(1)
If the Building Inspector is of the opinion that an application for a permit
does not demonstrate that the plans for the proposed work conforms with the
requirements of Section 6(1), the Building Inspector may refuse to issue a permit,
or he may issue such permit subject to such conditions as, in his opinion, he deems
appropriate.
(2)Notwithstanding Section 6(1), in his discretion, the Building Inspector may, but
shall not be required to, refuse to issue any permit when the proposed work set
out in the application does not conform with any other federal or provincial acts,
regulations, codes or guidelines or any municipal bylaw. In the event that the
Building Inspector requires such conformance, the owner shall ensure that the
proposed work set out in the application and the executed work shall so conform.
(3)The Building Inspector may refuse to issue, revoke or recommend to Council
the revocation of a permit where there is an apparent violation of a provision of any
federal or provincial act, regulation or code applicable to the work or proposed
work or any provision of this Bylaw, the Zoning Bylaw, a condition of a
Development Permit, or any other applicable bylaw of the City which provisions
are in any way related to the permit.
(4)A Building Inspector may within the confines of an Order dictate the right to
refuse issuance of a new permit to the owner of a building, or his agents,
contractors, employees, successors or assigns or the registered owner of the land
on which the building is to be situated, upon expiry of the timelines listed within the
Order until such time as the conditions of the Order are resolved.
Work not to Vary
14.
No work proposed in an application for a permit may vary from the information on
which the issued permit is based without written approval of the Building Inspector.
Small Buildings
BYLAW NO. 1 OF 2018
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15.
No permit is required for any residential accessory building which is 10 square
metres or less. Notwithstanding the foregoing, the construction of same shall conform to
all other requirements of the Act, Regulations, and City Bylaws.
Fees
16.
(1)
Every applicant for a Building Permit, Demolition Permit, or for other
services provided by the Building Division, shall pay a fee pursuant to the Building
Fee Bylaw, as amended.
Expiry of Permits
17.
(1)
A Building Permit issued under this Bylaw expires:
(a)
6 months from the date of issue if work has not yet commenced; or
(b)
Upon work being suspended for 6 consecutive months; or
(c)
24 months from the date of issue.
(2)
A Demolition Permit issued under this Bylaw expires 6 months from the date
of issue.
Rectification of Hazards
18.
If upon inspection the Building Inspector is satisfied that any building is in an unsafe
condition such as may constitute an imminent danger to the safety of occupants or the
public or any property and the owner cannot be conveniently located, in addition to all
other authority:
(1)
the Building Inspector may cause such work to be carried out as he
considers necessary to eliminate such danger and the owner shall be liable in
respect of expenses incurred in carrying out such work and same may be collected
in the manner referred to in section 16 of The Construction Codes Act whether or
not an appeal is filed or a stay is ordered pursuant to the Act; and
(2)
neither the City, the Building Inspector nor anyone acting on his behalf shall
be liable to compensate the owner, occupant or any other person by reason of
anything done without notice to any owner or person in occupation or having
control of the building and whether or not an appeal is undertaken pursuant to the
Act.
Representation
19.
(1)
The granting of any permit which is authorized by this Bylaw shall not be
construed as a representation of the compliance of any work with any bylaw,
federal or provincial act, regulations or code.
BYLAW NO. 1 OF 2018
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(2)
The owner shall ensure that submission of an application for a permit and
issuance of such permit shall not be understood as or deemed to constitute a
representation by any person, the City, the Building Inspector or any City employee
that the proposed work or the executed work, in fact, complies with the acts, codes,
guidelines or bylaws referred to in Section 6(1) or Section 13(2) whether such
representation be at issue in any legal proceeding or otherwise. The issuance of
a permit shall not relieve the owner of compliance with Subsection 6(1).
(3)
The owner shall indemnify and save harmless the City, the Building
Inspector or any municipal official or employee from all losses, costs, claims,
damages whatsoever brought by or on behalf of the owner or any other person
that may arise as a result of, from, or in any way touching upon the issuance of the
permit related to the work, and not to limit the generality of the foregoing, in relation
to:
(a)
the fact that a building, or the placement, erection, construction,
alteration, repair, renovation, reconstruction, demolition or removal
thereof authorized by permit, does not comply with the requirements
of this Bylaw or any other City bylaw, federal or provincial act,
regulation or code or derogates from a right of any other person;
(b)
faulty subsoil conditions, whether such conditions were unknown to
the City or not;
(c)
the fact that the owner or any other party on behalf of the owner has
continued with work so as to conceal previous work, making that
work impossible to inspect by the municipality or any municipal
official or inspector appointed by the municipality; or
(d)
the owner's failure to call for an inspection of work as required in Act
and Regulations; or
(e)
the owner's failure to have displayed on site the permit site
identification, and all applicable site inspection cards.
(4)
The City, Building Inspector and employees, servants and agents of the City
shall not be held liable in respect of any matters referred to in Subsection (3) under
this clause.
Offences
20.
Any person who contravenes any provision of this Bylaw is guilty of an offence and
liable on summary conviction to the penalties as prescribed in the Act.
Repeal
21.
Bylaw No. 11 of 2003 is hereby repealed.
Coming into Force
BYLAW NO. 1 OF 2018
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22.
This Bylaw shall come into force and effect subject to the final approval pursuant
to The Uniform Building and Accessibility Standards Act.
INTRODUCED AND READ A FIRST TIME THIS 22nd DAY OF January , A.D., 2018.
READ A SECOND TIME THIS 22nd DAY OF January , A.D., 2018.
READ A THIRD TIME AND PASSED THIS 22nd DAY OF January , A.D. 2018.
"Greg Dionne"
"Sherry Person"
MAYOR
CITY CLERK