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Bylaw No. 2023-59
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BYLAW NO. 2023-59
THE BUILDING BYLAW, 2023
Contents
PART I: GENERAL ........................................................................................................... 1
Purpose ............................................................................................................................ 1
Statutory Authority ......................................................................................................... 1
Interpretation ................................................................................................................... 1
Definitions....................................................................................................................... 1
Scope ............................................................................................................................... 3
Existing Buildings ........................................................................................................... 3
Exemptions ..................................................................................................................... 4
Owner Responsible ......................................................................................................... 4
Designation and Appointment ........................................................................................ 4
PART 2: PERMITS ............................................................................................................ 6
Permit Prior to Commencement of Work or Occupancy ................................................ 6
Building Permit Required ............................................................................................... 6
Building Permit Application ........................................................................................... 7
Building Permit Expiration ............................................................................................. 8
Reinstatement of a Permit ............................................................................................... 9
Revision of a Building Permit....................................................................................... 10
Building Permit Transfer .............................................................................................. 11
Permit for a Temporary Building .................................................................................. 11
Demolition Permit Application ..................................................................................... 12
Demolition Permit Expiration ....................................................................................... 13
Certificate of Occupancy .............................................................................................. 14
Conditional or Partial Certificate of Occuancy ............................................................ 15
Certificate of Occupancy Applications ........................................................................ 15
Staged Work Permits .................................................................................................... 16
Permit Conditions ......................................................................................................... 16
Permit Refusal ............................................................................................................... 17
Permit Revocation ......................................................................................................... 17
Abandonment of Permit Application ............................................................................ 18
Cancellation of Permit Application .............................................................................. 18
PART 3: BUILDING STANDARDS ............................................................................... 18
Provision of Real Property Report to Local Authority ................................................. 18
Display of Address on Site ........................................................................................... 18
Use of Public Property .................................................................................................. 18
Responsibility for Damage ........................................................................................... 18
Metric Policy ................................................................................................................. 18
Professional Design Requirements ............................................................................... 19
Frost Line ...................................................................................................................... 19
Addressing .................................................................................................................... 19
Expansion Joints in Plumbing Stacks ........................................................................... 19
Availability of Unsoftened Water ................................................................................. 19
Sound Insulation in New Homes Adjacent to Airports ................................................ 20
Flood-Proofing in Floodway Fringe Areas ................................................................... 20
Facilities for Infant Children in Public Places .............................................................. 22
PART 4: INSPECTIONS .................................................................................................. 22
Scheduled Inspections for New Residential Construction ............................................ 22
Surcharge and Re-Inspection Fee ................................................................................. 23
PART 5: OFFENCES AND PENALTIES ....................................................................... 23
Prohibitions ................................................................................................................... 23
Offence and Penalty ...................................................................................................... 24
PART 6: MISCELLANEOUS .......................................................................................... 24
Additional Fees ............................................................................................................. 24
Consequential Amendments ......................................................................................... 24
Effective Date ............................................................................................................... 24
Severability ................................................................................................................... 25
Approved as to form this ______ day of
_________________, 20___.
City Solicitor
BYLAW NO. 2023-59
THE BUILDING BYLAW, 2023
_______________________________________
THE COUNCIL OF THE CITY OF REGINA ENACTS AS FOLLOWS:
PART 1: GENERAL
Purpose
1
The purpose of this Bylaw is to provide for the administration and enforcement of The
Construction Codes Act, the regulations to The Construction Codes Act, the National
Building Code of Canada, the National Energy Code of Canada for Buildings and the
National Plumbing Code of Canada.
Statutory Authority
2
The authority for this Bylaw is section 17 of The Construction Codes Act and section
8 of The Cities Act.
Interpretation
3
The words and terms italicized in this Bylaw shall have the meanings:
(a)
prescribed by the Act and the regulations thereto;
(b)
prescribed in this Bylaw; and
(c)
prescribed in the Zoning Bylaw.
4
Further to section 3 of this Bylaw, in the event of any conflict between definitions
prescribed by the Act and the regulations thereto, this Bylaw and the Zoning Bylaw,
the definitions by the Act and the regulations thereto shall prevail.
5
Interpretation of words and phrases used in this Bylaw that are not specifically defined
in the Act or the regulations thereto, this Bylaw or the Zoning Bylaw shall have the
meanings which are commonly assigned to them in the context in which they are used
in this Bylaw, taking into account the specialized use of terms within the various trades
and professions to which the terminology applies.
Definitions
6
In this Bylaw:
(a)
"Act" means The Construction Codes Act;
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(b)
"building permit" means a permit authorizing construction, erection,
alteration or relocation of a new or existing building or part thereof, to
excavate or to lay or install pipes;
(c)
"City" means the City of Regina;
(d)
"City services" includes fire hydrants, curb crossings, sidewalks, curbs,
streetlights, bus stops, trees, or other physical amenities owned by or under
the control of the City;
(e)
"elevation" means the vertical distance above or below mean sea level;
(f)
"grade elevation" means the elevation of the finished ground surface at a
specific point on a lot or the finished ground elevation at any point on the
required slope or slopes between two specific elevations at any given location
on a lot;
(g)
"ground oriented residential housing" means a form of housing that
contains a dwelling unit that has a separate exterior entrance that is directly
accessible, without passing through a common lobby or corridor, from a street
or open space;
(h)
"NBC" means the edition and provisions of the National Building Code of
Canada declared to be in force pursuant to the Act and the regulations thereto;
(i)
"NECB" means the edition and provisions of the National Energy Code of
Canada for Buildings declared to be in force pursuant to the Act and the
regulations thereto;
(j)
"NPC" means the edition and provisions of the National Plumbing Code of
Canada declared to be in force pursuant to the Act and the regulations thereto;
(k)
"property" means a parcel of land containing one or more abutting lots, or
parts thereof, or parcel of land defined by plan, deed, certificate of title or other
document of record at Information Services Corporation (ISC) held under
separate ownership;
(l)
"street" means a street within the definition of The Cities Act;
(m)
"value of construction" means the total monetary worth, as determined by
the local authority, of all construction or work including, but not limited to all
excavation, site restoration, painting, papering, roofing, electrical work,
plumbing, permanent or fixed heating equipment, elevator equipment, fire
sprinkler equipment, and all labour costs, professional and other construction
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fees, overhead, materials and other devices entering into and necessary to the
prosecution of the work in its completed form including all applicable taxes
and without exclusion of any work which may concurrently require a permit
under any other bylaw or from any other authority;
(n)
"Zoning Bylaw" means any zoning bylaw of the City.
Scope
7
The provisions of this Bylaw apply to the design, construction and occupancy of new
buildings, the alteration, repair, reconstruction, demolition, removal, relocation and
occupancy of existing buildings, excavation of a property and the laying and
installation of pipes and underground tanks to service a building.
Existing Buildings
8(1)
Subject to subsection (2), any construction or condition that lawfully existed within
the local authority's area of jurisdiction prior to the effective date of this Bylaw need
not conform to this Bylaw provided that such construction or condition does not
constitute an unsafe condition.
(2)
Where:
(a)
a building or any part thereof is altered, this Bylaw applies to the parts of the
building that are altered;
(b)
the whole or any part of a building is relocated either within or into the local
authority's jurisdiction, this Bylaw applies;
(c)
the whole or any part of a building is demolished, this Bylaw applies to the
work involved in the demolition and to the work required to any parts of the
building remaining after demolition;
(d)
a building is damaged by fire, earthquake or other cause, this Bylaw applies
to the work necessary to reconstruct damaged portions of the building;
(e)
an unsafe condition exists in or about a building, this Bylaw applies to the
work necessary to correct the unsafe condition;
(f)
the occupancy of a building or any part thereof is changed, this Bylaw applies
to all parts of the building affected by the change; and
(g)
reconstruction or alteration of a building is made necessary on account of
dilapidation, this Bylaw applies to the work necessary to reconstruct or re-
erect the dilapidated portions of the building.
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Exemptions
9
This Bylaw does not apply to:
(a)
sewage, water, electrical, telephone, rail or similar systems located in or on a
street or a public transit right of way;
(b)
public utility towers and poles;
(c)
flood control and hydroelectric dams and structures constructed on public
property;
(d)
mechanical or other equipment and appliances not specifically regulated in
these requirements; and
(e)
accessory buildings not greater than 10 m2 in building area provided they are
not in an unsafe condition.
Owner Responsible
10
The owner of a property shall ensure that the property and the buildings on the
property are designed, excavated, constructed, erected, placed, altered, repaired,
renovated, demolished, relocated, removed, used or occupied in accordance with
this Bylaw.
Designation and Appointment
11(1) For the purposes of the Act and this Bylaw, the City hereby designates and appoints
any person employed by the City in one of the following positions to exercise the
City's functions as the local authority:
(a)
Manager of Building Standards & Inspections;
(b)
Coordinator, Building Permit Inspections;
(c)
Supervisor, Residential Inspection;
(d)
Supervisor, Permit Processing;
(e)
Building Code Engineer;
(f)
Building Official 1;
(g)
Building Official 2;
(h)
Building Official 3;
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(i) Project Engineer;
(j)
Supervisor, Mechanical and Plumbing Inspections;
(k)
Mechanical Inspector; and
(l)
such further persons as may be appointed by the City Manager.
(2)
For the purposes of the Act and this Bylaw, the City hereby designates and appoints
persons employed by the City in one of the following positions and holding a building
official's license as building officials:
(a)
Manager of Building Standards & Inspections;
(b)
Coordinator, Building Permit Inspections;
(c)
Supervisor, Residential Inspection;
(d)
Supervisor, Permit Processing;
(e)
Building Code Engineer;
(f)
Building Official 1;
(g)
Building Official 2;
(h)
Building Official 3;
(i) Project Engineer;
(j)
Supervisor, Mechanical and Plumbing Inspections;
(k)
Mechanical Inspector; and
(l)
such further persons as may be appointed by the City Manager.
(3)
For the purposes of the Act, The Plumbing Code Regulations thereto, and this Bylaw,
the City hereby designates and appoints the person holding the position of Supervisor,
Mechanical and Plumbing Inspections as the Chief Plumbing Administrator.
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PART 2: PERMITS
Permit Prior to Commencement of Work or Occupancy
12(1) No person shall commence:
(a)
excavation at a property;
(b)
laying or installing pipes and/or underground tanks to service a building; or
(c)
construction, placement, alteration, repair, renovation, demolition,
relocation, removal, use, occupancy or change of occupancy of a building
unless that person is authorized by a permit to do so.
(2)
If work is commenced prior to issuance of a permit required by this Bylaw, the permit
for such work will be subject to both the permit fee as established by Schedule "A" to
this Bylaw and a surcharge as established by Schedule "A" to this Bylaw.
Building Permit Required
13(1) A building permit is required for:
(a)
construction of a new building or part thereof including the renovation of, or
addition to a building;
(b)
alteration, reconstruction, removal or relocation of an existing building or part
thereof;
(c)
repair of the foundation or structure of a building;
(d)
excavation of a property;
(e)
laying or installing pipes and/or underground tanks to service a building; or
(f)
a change in the occupancy classification of a building.
(2)
Notwithstanding subsection (1), a permit is not required for the following:
(a)
construction of, including a renovation of or an addition to, a stage if the
platform of the stage is not at a distance greater than 1200 mm above the
adjacent surface on any side and does not create a hazard;
(b)
construction of, including a renovation of or an addition to, a
premanufactured tent or gazebo serving ground oriented residential housing,
with or without a secondary suite or backyard suite, if the structure:
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(i)
does not cover, and is not part of a group of tents that collectively
cover, more than 60 m2 of ground;
(ii)
does not cover, and is not part of a group of gazebos that collectively
cover, more than 25 m2 of ground;
(iii)
is not attached or supported on another building; and
(iv) does not create a hazard.
(c)
construction of, including a renovation of or an addition to a tent or gazebo
serving buildings other than ground oriented residential housing that:
(i)
does not cover, and is not part of a group of tents or gazebos
that collectively cover, more than 60 m2 of ground;
(ii)
does not contain, and is not intended to contain, commercial cooking
equipment;
(iii) is not attached or supported on another building or structure;
(iv) is more than 3 m from any other structure or property line unless the
structure is constructed of materials which are non-combustible or
conform to CAN/ULCS109; and
(v)
does not create a hazard.
(d)
construction of an uncovered or unenclosed exterior deck that is attached to
or detached from a ground oriented residential housing that is not greater
than 600 mm from that adjacent grade on all sides of the deck.
Building Permit Application
14(1) Except as otherwise allowed by the local authority, every application for a building
permit shall:
(a)
be made in a form established by, or acceptable to, the local authority;
(b)
identify and describe in detail the work, including the occupancy of all parts
of the building, to be covered by the building permit for which application is
made;
(c)
describe the land on which the work is to be done by a description that will
readily identify and locate the lot;
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(d)
include detailed plans and specifications for the work;
(e)
provide proof satisfactory to the local authority that the applicant has obtained
all required approvals from the City for any street closure or encroachment
required for the construction and has made payment for same;
(f)
state the names, addresses, telephone numbers and email addresses of the
owner, architect, engineer or other designer or constructor;
(g)
state the value of construction; and
(h)
be accompanied by the required fee as established by Schedule "A" to this
Bylaw.
(2)
For the purposes of clause (1)(h), the local authority shall review the value of
construction as identified by the permit applicant and shall:
(a)
if satisfied that the value of construction has been correctly estimated by the
applicant, assess the applicable building permit fee in accordance with
Schedule "A"; or
(b)
if not satisfied that the value of construction has been correctly estimated by
the applicant, correct the value of construction and assess the applicable
building permit fee in accordance with Schedule "A" based on the local
authority's value of construction.
Building Permit Expiration
15(1) Subject to subsections (2) and (3), a building permit expires 2 years after the date of
issuance.
(2)
Notwithstanding subsection (1), a building permit expires, and the rights of an owner
under the building permit terminate, if:
(a)
the work authorized by the permit is not commenced within six months of the
date of issue of the permit and actively carried out thereafter; or
(b)
work authorized by the permit is suspended for a period of six months or more.
(3)
Notwithstanding subsection (1), an extension of a building permit may, in the local
authority's sole discretion, be granted if:
(a)
the term of the extension does not exceed a period of one year;
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(b)
an application is made by the permit holder to the local authority, which
application is:
(i)
made in writing;
(ii)
accompanied by payment of the applicable fee established by
Schedule "A" to this Bylaw; and
(iii)
accompanied by a schedule identifying what work authorized
by the permit is incomplete and the expected completion date
of the work if a permit extension is granted;
(c)
the permit sought to be extended has not been revoked or has not expired as
of the date the extension application is received by the local authority;
(d)
the local authority, following review of the schedule submitted by the permit
holder and inspection of the work site, is satisfied that the work to be
completed:
(i)
is authorized by the existing permit; and
(ii)
can reasonably be completed within the extension period if an
extension is granted.
(4)
An extension of a building permit shall be granted in writing.
Reinstatement of a Permit
16(1) The applicant or owner of an expired building permit or demolition permit may
request reinstatement of that permit provided that no construction was commenced
under the permit.
(2)
Any request for reinstatement of an expired building permit or demolition permit
shall be:
(a)
submitted in writing to the local authority; and
(b)
accompanied by a schedule which identifies the date when the work
would commence and the date when work would be completed if the
permit was reinstated; and
(c)
accompanied by payment of the applicable fee established by Schedule "A"
to this Bylaw.
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(3)
The local authority may reinstate an expired building for reinstatement of the
permit if:
(a)
construction under the expired permit was not started;
(b)
there has been no change to the Act or the regulations thereto, this Bylaw
or to any other regulation applicable to the work which would prevent a new
permit issuing for the same work;
(c)
in the opinion of the local authority, the timeline for construction start and
completion is reasonable; and
(d)
payment of the applicable fee established by Schedule "A" to this Bylaw has
been received by the local authority.
Revision of a Building Permit
17(1) A person to whom a building permit has been issued by the local authority, or
the owner of a building for which a building permit has been issued by the
local authority, may submit a request to the local authority to revise the
building permit.
(2)
A request to revise a building permit shall:
(a) be accompanied by revised drawings and any other documentation relating to
the changes required by the regulations and show the proposed changes; and
(b) clearly identify what aspect(s) of the building permit or documentation
supporting the original permit application are sought to be revised.
(3)
The local authority may, following receipt of a request to revise a building
permit, revise the building permit provided that:
(a) there has been no change to the Act or the regulations thereto, this Bylaw or
to any other regulation applicable to the work which would prevent a revised
permit issuing for the same work;
(b) the revisions do not contain changes:
(i)
to the building area;
(ii)
to the number of storeys;
(iii)
to the use or occupancy of the building;
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Bylaw No. 2023-59
(iv)
to the issued development permit; or
(v)
any other significant changes that would warrant a new
building permit as determined by the local authority; and
(c) the local authority has received payment of the applicable fee established by
Schedule "A" to this Bylaw.
Building Permit Transfer
18(1) The holder of a building permit may apply to the local authority, in a form
established by or acceptable to the local authority, for the building permit to be
transferred to a new owner of the property to which the building permit relates.
(2)
The local authority, in its sole discretion, may grant a transfer of the building permit
on the following conditions:
(a)
the transferee is an owner of the property to which the building permit
relates;
(b)
the transferee has provided to the local authority a written consent to the
permit transfer:
(c)
the transferee has acknowledged acceptance of all conditions applied by the
local authority to the building permit; and
(d)
the transfer of the building permit does not extend the expiry date of the
building permit.
Permit for a Temporary Building
19(1) For the purposes of this section, a temporary building shall mean a building that:
(a)
is one storey in height;
(b)
is erected or placed on a non-conforming foundation;
(c)
which includes, but is not limited to, tents and air-supported structures.
(2) A temporary building within the meaning of this section may include, but is not limited
to a tent or air-supported structure.
(3) Notwithstanding anything contained elsewhere in this Bylaw, a permit for a temporary
building may be issued by the local authority, authorizing, for a limited time only, the
erection and existence of a building, or part thereof, for an occupancy which, because
of its nature, will exist for a short time.
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(4) The fee for a permit for a temporary building is as prescribed by Schedule "A" to this
Bylaw.
(5) Notwithstanding any other provision of this Bylaw, a permit for a temporary building
expires on the date stated on the permit and that date shall not exceed one year from the
date of permit issuance.
(6) A temporary building to be used in connection with construction work and located on
the construction site may be erected without a permit but shall be removed immediately
upon completion of the said work.
(7) Subject to subsection (5), a permit for a temporary building may be extended by the
local authority provided such extension is issued in writing.
Demolition Permit Application
20(1) Except as otherwise allowed by the local authority, every application for a demolition
permit shall:
(a)
be made in a form established by, or acceptable to, the local authority;
(b)
at the request of the local authority, identify and describe in detail both the
manner and the method to be employed in demolishing the building;
(c)
describe the land on which the work is to be done by a description that will
readily identify and locate the lot;
(d)
provide proof satisfactory to the local authority that the applicant has arranged
with the City for all obsolete or redundant sewer and water connections to the
building to be sealed off or removed, and has made payment for such services;
(e)
provide proof satisfactory to the local authority that the applicant has arranged
for the discontinuation or removal of any gas, electrical or telephone utilities;
(f)
provide proof satisfactory to the local authority that the applicant has obtained
all required approvals from the City for any street closure or encroachment
required for the demolition and has made payment for same;
(g)
state the names, addresses, telephone numbers and email addresses of the
owner and any contractors;
(h)
provide proof satisfactory to the local authority that the applicant has
complied with all environmental regulatory requirements relevant to the
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demolition, whether imposed by the City or other governmental authority,
including but not limited to:
(i)
a contamination investigation of the building, materials or soils on or
adjacent to the building site, if such investigation is required by the
City;
(ii)
an undertaking from the applicant with respect to method of disposal
of non-salvageable materials from the demolition site;
(iii)
an authorization from any applicable regulatory agency regarding
proper disposal of materials from the demolition site; and
(i)
be accompanied by the required fee as established by Schedule "A" to this
Bylaw.
(2)
In addition to compliance with subsection (1), an application for a demolition permit
when the work includes blasting shall be accompanied by:
(a)
proof in a form satisfactory to the local authority that the blasting operations
shall be conducted and directed by a person qualified to conduct such work;
and
(b)
proof of insurance in a form satisfactory to the local authority.
Demolition Permit Expiration
21(1) A demolition permit expires:
(a)
in the case of a demolition permit for a building not exceeding 600 m2 in area
or 3 stories in height, within thirty calendar days from the date of issuance of
the permit; and
(b)
in the case of a demolition permit for buildings exceeding 600 m2 in area or 3
stories in height, within ninety calendar days from the date of issuance of the
permit.
(2)
Notwithstanding subsection (1), an extension of a demolition permit may, in the local
authority's sole discretion, be granted if:
(a)
the term of the extension does not exceed a period of one year;
(b)
an application is made by the permit holder to the local authority, which
application is:
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(i)
made in writing;
(ii)
accompanied by payment of the applicable fee established by
Schedule "A" to this Bylaw; and
(iii)
accompanied by a schedule identifying what work authorized by the
permit is incomplete and the expected completion date of the work if
a permit extension is granted; and
(c)
the permit sought to be extended has not been revoked or has not expired as
of the date the extension application is received by the local authority;
(d)
the local authority, following review of the schedule submitted by the permit
holder and inspection of the work site, is satisfied that the work to be
completed:
(i)
is authorized by the existing permit; and
(ii)
can reasonably be completed within the extension period if an
extension is granted.
(3)
An extension of a demolition permit must be granted in writing.
Certificate of Occupancy
22(1) If a certificate of occupancy is required pursuant to subsection (2), no person shall
occupy or allow the occupancy of any building or part thereof unless a certificate
of occupancy, partial certificate of occupancy or temporary certificate of occupancy
has first been obtained from the local authority.
(2)
A certificate of occupancy is required to be obtained:
(a)
on completion of a new unit or building:
(b)
on completion of an addition to an existing building;
(c)
if there is a change of occupancy or a change of use;
(d)
if obtaining a certificate of occupancy has been made a condition of a
building permit; or
(e)
if a building official has issued an order stating that a building or part thereof
shall not be occupied unless a certificate of occupancy is first obtained.
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(3)
No certificate of occupancy shall issue unless a building official has conducted an
inspection of the property and is satisfied the property can be safely occupied.
(4)
No certificate of occupancy shall issue for a project other than ground oriented
residential housing without submission to the local authority of a certificate of
compliance by the architect or engineer responsible for the review of construction
for the project certifying that the work complies with the requirements for design
conformance as contained in the NBC, NECB and NPC that is satisfactory to the
local authority.
(5)
No certificate of occupancy shall issue for a project comprised of ground oriented
residential housing without submission to the local authority of:
(a)
a Grade Elevation Certificate in accordance with Bylaw 2016-24 of the City
of Regina, The Wastewater and Storm Water Bylaw, 2016 or its successor
bylaws that is satisfactory to the local authority;
(b)
a Real Property Report in accordance with section 31 of this Bylaw that is
satisfactory to the local authority; and
(c)
if requested by the local authority, certification by the architect or engineer
responsible for design and/or review of any building system of the project
certifying that the work complies with the requirements for design
conformance as contained in the NBC and NPC that is satisfactory to the
local authority.
Conditional or Partial Certificate of Occupancy
23(1) The local authority may issue a conditional certificate of occupancy or partial
certificate of occupancy provided that such conditional or partial occupancy or use
would not jeopardize health, safety or adjacent properties.
(2)
Subject to subsection (3), no building shall be occupied under a conditional
certificate of occupancy for more than six months.
(3)
At the discretion of the local authority, the local authority may renew a conditional
certificate of occupancy.
Certificate of Occupancy Applications
24
An application for a certificate of occupancy shall be made in a form established
by, or acceptable to, the local authority.
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Staged Work Permits
25(1) Application may be made to the local authority for a permit to excavate property or
to construct a portion of a building, and the local authority may grant a permit to
excavate property or construct a portion of a building, provided that:
(a)
the permit applicant has obtained a development permit authorizing
development of the whole building at the property;
(b)
complete plans and specifications for the portion of the work sought to be
authorized have been submitted to the local authority;
(c)
given the nature of the building to be constructed, it is, in the opinion of the
local authority, appropriate for construction of the building to proceed in
stages with discrete permits to issue for each stage of construction.
(2)
In the event a permit is issued authorizing construction of part of a building, the holder
of such a permit may proceed with the work without assurance that permits for
construction of the remaining portions of the building will be granted.
Permit Conditions
26(1) A permit may be issued subject to any conditions the local authority deems necessary
to protect public health and safety and achieve compliance with other applicable laws,
regulations and municipal bylaws.
(2)
Further to subsection (1), a permit may be issued subject to the condition that the
permit applicant will submit to the local authority, within the time specified by the
local authority, additional information provided that:
(a)
the information is not available at the time of initial application for the permit
notwithstanding due diligence on the part of the applicant;
(b)
the information is of a secondary nature to the work sought to be authorized
by the permit;
(c)
the application is otherwise complete and the work disclosed by the materials
supporting the application complies with all other requirements of the Act, the
regulations thereto and this Bylaw; or
(d)
the local authority is of the opinion that unreasonable delays in the
construction would occur if a permit was not granted.
(3)
It is a condition of all demolition permits that completion of the demolition includes,
but is not limited to:
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Bylaw No. 2023-59
(a)
removal of all rubbish and building materials from the property;
(b)
the filling in of any excavation on the property to an elevation compatible with
abutting properties, the provision of proper drainage of water to the front or
rear of the property, or both; and
(c)
the property be left in a safe and sanitary condition.
(4)
The requirements of this section do not exempt the permit holder from concurrently
completing the demolition work in accordance with any order to comply issued
pursuant to the Act or The Cities Act.
Permit Refusal
27
The local authority may refuse to issue any permit in the circumstances prescribed in
the regulations to the Act.
Permit Revocation
28
The local authority may revoke a permit if:
(a)
reasons identified in the regulations to the Act for permit revocation exist;
(b)
there is contravention of any condition under which the permit was issued;
(c)
there is a failure to comply with an order issued by a building official pursuant
to the Act with respect to the permitted work;
(d)
there is a deviation from the plans, drawings or specifications submitted to the
local authority to obtain the permit;
(e)
the owner fails to give any notice to the local authority as mandated by the
Act;
(f)
the owner fails to comply with the mandatory inspection provisions of this
Bylaw;
(g)
the owner requests the local authority to revoke the permit regardless of
whether the owner is the permit holder; or
(h)
ownership of the property changes without a transfer of the permit to the new
owner having first been approved by the local authority.
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Abandonment of Permit Application
29
When an application for a permit has not been completed in conformance with the
provisions of this Bylaw and the building standards within six months after the date
of filing, the application may be deemed by the local authority to have been
abandoned.
Cancellation of Permit Application
30
An application for a permit may be cancelled on request of either the permit applicant
or the owner of the property to which the permit application relates. If an application
is cancelled on request of the permit applicant or owner, and the permit fee was paid
at time of application, the permit fee may be refunded to the person from whom the
local authority received the fee in accordance with Schedule "A" to this Bylaw.
PART 3: BUILDING STANDARDS
Provision of Real Property Report to Local Authority
31
Prior to the framing inspection, the owner shall submit to the local authority a Real
Property Report showing the lateral location of the foundation in relation to the
property lines and shall also show the elevation of the tops of the joists for the first
storey of the building in relation to the benchmark elevations obtained from the
developer or the City in accordance with Bylaw 2016-24 of the City of Regina, The
Wastewater and Storm Water Bylaw, 2016, or its successor bylaws.
Display of Address on Site
32
The person to whom a building permit or demolition permit has been issued shall, at
all times during construction or demolition, post a sign at the property, visible from
the street, clearly displaying the civic address of the property as shown on the building
permit.
Use of Public Property
33
No person shall excavate or undertake work on, over or under public property, or erect
or place any construction or work or store any materials thereon without approval
having first been obtained in writing from the government entity or agency who owns
or controls the public property.
Responsibility for Damage
34
Every owner is responsible for the cost of repair of any damage to public property or
works located thereon that may occur as a result of undertaking work for which a
permit was required or issued.
Metric Policy
35(1) All drawings submitted in support of a permit application for commercial
construction shall have the dimensions and scales in metric units.
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Bylaw No. 2023-59
(2)
Drawings submitted in support of a permit application for residential construction
shall have the site plan dimensions and scales in metric units but may show all other
dimensions in imperial units.
(3)
Where metric units are required to be shown on drawings, imperial units may also be
shown provided that the imperial units are placed in brackets after the metric units.
Professional Design Requirements
36(1) Subject to subsection (2), foundations including foundation walls and footings for all
Part 9 buildings, shall be designed by an architect or engineer.
(2)
The requirements of subsection (1) do not apply to those residential detached
accessory buildings which do not otherwise require design by an architect or engineer
pursuant to the NBC.
Frost Line
37
For the purposes of Sentence 9.36.2.8 of the NBC, the frost line shall be assumed to
be 2.0 metres unless a geotechnical report or similar analysis by a design professional
satisfactory to the local authority establishes an alternate frost line.
Addressing
38(1) The local authority may assign an address for each building and may, in the case of a
building having more than one front entrance, assign an address for each front
entrance of the building.
(2)
Any existing building with an address that, in the opinion of the local authority, gives
rise to confusion shall be given a new address by the local authority and upon being
notified of the new address by the local authority, shall forthwith change any exterior
display of the address on the building to the new address.
Expansion Joints in Plumbing Stacks
39(1) Drain, waste and vent piping below grade in a dwelling unit shall contain an expansion
joint, approved by the local authority, installed within 600 mm below the first floor
joist of the building and the portion of said joint shall be securely anchored to the floor
joist of the said first floor.
(2)
Subsection (1) does not apply to construction with a structural basement floor unless
otherwise directed by the local authority.
Availability of Unsoftened Water
40(1) For the purposes of this section, residential occupancy excludes any occupancy of a
hotel, motel, or any other premises strictly intended for lodging of a temporary nature.
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Bylaw No. 2023-59
(2)
The owner of any building used for residential occupancy shall provide an unsoftened
water supply that is easily accessible to all occupants of the building at all times.
(3)
Where the unsoftened water supply is not provided in each individual suite of a multi-
unit residential building, the owner of the building shall ensure that the source of that
unsoftened water supply is clearly marked with a permanent sign bearing the words
"Unsoftened Water" or words of similar import.
Sound Insulation in New Homes Adjacent to Airports
41(1) The provisions of this section apply to construction of new residential dwelling units
on properties located in the following areas located entirely or partially within the area
of the 25 Noise Exposure Forecast (NEF) contour or higher as established by
Transport Canada.
(2)
Applications for permits for the construction identified in subsection (1) shall be
accompanied by a noise attenuation report signed and sealed by an engineer or
architect which identifies the anticipated aircraft noise exposure levels, describes
the construction methods employed in the design of the building to attenuate the
anticipated aircraft noise exposure levels, and identifies the anticipated resulting
indoor acoustic level achieved by the attenuation methods and confirms that the
construction methods will achieve an appropriate level of indoor acoustic level for
the authorized occupancy of the final building.
Flood-Proofing in Floodway Fringe Areas
42(1) The provisions of this section apply to property identified on the maps in Section 8N
of the Zoning Bylaw, either whole or in part, within the Floodway Fringe.
(2)
Any building or structure constructed, reconstructed, relocated, renovated, repaired or
altered on a property located, in whole or in part, within the Floodway Fringe shall
comply with the following flood-proofing measures:
(a)
the grade elevation of the building shall not be less than the 1:500 design flood
levels as noted in clause (2)(e);
(b)
the finished first floor elevation of the building or structure must be 500 mm
or more above the 1:500 design flood level;
(c)
an automatic backwater valve or backflow preventer satisfactory to the local
authority shall be installed in the sanitary and storm sewer lines that service
the building or structure where the finished basement floor elevation is at or
below the 1:500 design flood level;
(d)
all openings, such as doors, windows and vent penetrations, must be 500 mm
or more above the 1:500 design flood level; and
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Bylaw No. 2023-59
(e)
the 1:500 design flood level shall be known as the following elevations for
each indicated area:
Richardson to Albert Street
Wascana View to Highway No. 1 Bypass
573.86 m
Highway No. 1 Bypass to Broad Street
573.60 m
Broad Street to Albert Street
572.86 m
Albert Street to Elphinstone Street
571.24 m
Elphinstone Street to CN Railroad
570.86 m
CN Railroad to CP Railroad
570.42 m
CP Railroad to Dewdney Avenue
569.66 m
Dewdney Avenue to Courtney Street
Dewdney Avenue to Dieppe Place School
569.49 m
Dieppe Place School to Courtney Street
568.63 m
Courtney Street to Sewage Lagoons
Courtney Street to Ritter Avenue
568.22 m
Ritter Avenue to CN Railroad
567.90 m
E 1/2 33-19-20-W2
567.39 m
W 1/2 33-19-20-W2
566.81 m
(3)
Notwithstanding clauses (2)(a) and (b), the elevation of the first floor of a new
building may be equal to the 1:500 design flood level if, in the opinion of the local
authority:
(a)
the building meets the standard established by clause (2)(c); and
(b)
strict compliance with the standard established by clauses (2)(a) and (b) is
impractical due to excessive differences in elevation from existing structures.
(4)
Notwithstanding clauses (2)(a) and (b), an existing building may be repaired,
renovated or altered without compliance with clauses (2)(a) and (b) if, in the opinion
of the local authority:
(a)
the work sought to be authorized by the permit consists of:
(i)
routine repairs,
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Bylaw No. 2023-59
(ii)
minor additions;
(iii)
minor alterations; and/or
(iv)
finishing of basements for recreational space; and
(b)
the existing building complies with clause 2(c).
Facilities for Infant Children in Public Places
43(1) For the purposes of this subsection a public place means any building or part thereof
to which parents and infant children have access, by invitation, expressed or implied,
and where public washrooms are provided and is deemed to include, in whole or in
part, the following: shopping centres, performing arts buildings, movie theatres,
recreation facilities, transportation facility buildings, libraries, religious buildings,
restaurants with a seating capacity exceeding fifty people, and all other non-residential
locations that parents and infant children frequent.
(2)
A changing facility for infant children shall be included in at least one washroom open
to persons of any gender in every public place.
(3)
A changing facility shall include, but not be limited to, a permanent counter located
in such a manner as to be available at all times or a permanently attached wall device
designed to be folded down when required.
(4)
A changing facility shall be adjacent to a wash basin with hot and cold water and shall
be equipped with disposable towels in addition to any other hand-drying equipment.
(5)
A changing facility shall have a minimum dimension of 500 mm x 700 mm and have
a surface material that is impervious to moisture and is easily cleaned and sanitized.
(6)
The owner or his or her agent shall ensure that every changing facility is maintained
in a state of good repair and is kept clean.
PART 4: INSPECTIONS
Scheduled Inspections for New Residential Construction
44(1) This section applies to persons to whom a permit to construct new Part 9 ground
oriented residential housing has been issued and the successors, assigns, agents or
contractors of that person.
(2)
In addition to facilitating such other inspections of work and giving such notices as
may be authorized or prescribed by the Act and this Bylaw, at each stage of
construction identified in the table below, a person to whom subsection (1) applies
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Bylaw No. 2023-59
shall cease work, notify the building official assigned to the permit or the local
authority that the prescribed stage of construction has been reached and shall not
proceed with further work until authorized to do so, in writing, by a building official:
Stage
Stage Description
Foundation
after installation of re-bar but prior to concrete pour
Prior to Backfill
after removal of forms and application of exterior damp proofing,
weeping tile and after granular cover has been placed
Framing
after completion of framing and sheathing, installation of all exterior
doors, windows, and roof membrane, including installation of flashing,
fire stopping, bracing, blocking, chimney and duct work, rough wiring
and plumbing and gas venting of the superstructure and after a Real
Property Report has been submitted to the local authority
Insulation and
Vapour Barrier
after insulation and vapor barrier are placed but before they are
concealed by any other work
Final
after the building is completely constructed and ready for occupancy but
prior to occupancy
Other
as otherwise directed in writing by a building official
Surcharge and Re-Inspection Fee
45(1) Whenever any work for which a permit is required under the provision of this Bylaw
has been commenced without the authority of such a permit, a special investigation of
the site shall be made by the local authority before a permit may be issued for the
work, and a surcharge in accordance with Schedule "A" hereto shall be charged in
addition to the permit fees.
(2)
Where it has been determined by a building official or mechanical inspector that due
to non-compliance with the provisions of this Bylaw, the Act, the regulations to the
Act, the NBC or the NPC, or that, due to incomplete work, reinspection is necessary,
a fee as established by Schedule "A" to this Bylaw shall apply to the owner on each
reinspection visit.
PART 5: OFFENCES AND PENALTIES
Prohibitions
46(1) No person shall fail to comply with this Bylaw or suffer or permit a contravention of
this Bylaw to occur or continue.
(2)
Notwithstanding the generality of subsection (1), no person shall:
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Bylaw No. 2023-59
(a)
fail to obtain a permit required by this Bylaw prior to commencing the work
or occupancy to which the required permit relates;
(b)
deviate from the plans and specifications forming a part of the building permit,
or omit or fail to complete, prior to occupancy, work required by the said plans
and specifications forming part of the building permit, without first having
obtained in writing the approval of the local authority for the change;
(c)
fail to comply with any condition of a permit issued pursuant to this Bylaw;
(d)
fail to give any notice to the local authority as required by this Bylaw;
(e)
fail to submit to any inspection required by this Bylaw;
(f)
fail to pay any fee or surcharge imposed by this Bylaw; or
(g)
remove an order posted by a building official without written authorization for
such removal from the building official.
Offence and Penalty
47
Any person who contravenes any provision of this Bylaw or fails to comply with any
provision of this Bylaw commits an offence and is liable to prosecution under the Act.
PART 6: MISCELLANEOUS
Additional Fees
48
In addition to the fees specifically identified elsewhere in this Bylaw, the local
authority may impose fees in accordance with Schedule "A" to this Bylaw for other
permits and services issued or provided by the local authority to administer or enforce
the Act, the regulations thereto or this Bylaw.
Consequential Amendments
49(1) The Domestic Pigeon Control Bylaw is amended by striking out "2003-7" and
substituting "2023 - 59" in section 3.
(2)
The Appointment and Authorization of City Officials Bylaw is amended by striking
out section 7 thereof.
Effective Date
50(1) Bylaw 2003-7 is repealed effective as of the date this Bylaw receives Ministerial
approval.
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Bylaw No. 2023-59
(2)
This Bylaw comes into force on the date it receives Ministerial approval pursuant to
the Act.
Severability
51
If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is
for any reason held invalid or unconstitutional by any Court of competent
jurisdiction, that portion shall be deemed a separate, distinct and independent
provision and the holding of the Court shall not affect the validity of the remaining
portions of the Bylaw.
52
This Bylaw comes into force on the date of approval by the Ministry of Government
Relations.
READ A FIRST TIME THIS 16th
DAY OF
August
2023.
READ A SECOND TIME THIS 16th DAY OF
August
2023.
READ A THIRD TIME AND PASSED THIS 16th DAY OF
August
2023.
S. Masters
J. Nicol
Mayor
City Clerk
(SEAL)
CERTIFIED A TRUE COPY
City Clerk
Approved by the Ministry of Government Relations
this
20th
day of
September , 2023.
M. Meickel
Ministry of Government Relations
Bylaw No. 2023-59
Schedule "A"
Fees
All fees on this schedule are subject to applicable taxes
Effective Date
On date of bylaw adoption
Part 9 Small Projects:
a) basement development
b) decks (covered and uncovered)
c) detached garages
d) foundation repairs
$245.00
$100.00
$195.00
$135.00
New and Additions to One and Two Unit Dwellings
$9.00 per m², minimum fee $100.00
All Construction Other Than New and Additions to One and Two Unit
Dwellings and Part 9 Small Projects: (including renovations,
sunrooms, secondary suites, carports, attached garages, etc)
$8.00 per $1000 construction value,
minimum fee $100.00
Temporary Building Permit
$138.00 per month
Demolition Permit
a) Buildings under 600m2
b) Buildings 600 m2 and over
$100.00
$200.00
Surcharge for Commencement of Construction Prior to Permit
Issuance
10% of permit fee or $100, whichever is
greater
Permit Extension
$100.00
Permit Reinstatement
$100.00
Permit Revision
$100.00
Permit Application Cancellation refunds
a) after permit issued but before inspections commence
b) after inspections commence or 2 years after the issuance date
refund of 50% of permit fee less $100.00
administration charge
no refund
Reinspection Fee
$100.00
Special Inspection Fee (outside scheduled working hours)
$200.00
Compliance Certificate
$140.00
Change of Address
$21.75
Permit History Retrieval Fee
a) Plans II x 17 and smaller
b) Plans II x 17 and larger
$20.00
$30.00 + supplier cost
Off Site Permit History Retrieval (per box)
$13.80
ABSTRACT
BYLAW NO. 2023-59
THE BUILDING BYLAW, 2023
_______________________________________
PURPOSE:
To renew and replace the City's building bylaw due to the
repeal and replacement of The Uniform Building and
Accessibility Standards Act with The Construction Codes Act.
ABSTRACT:
The Construction Codes Act requires that local authorities with
building bylaws adopted pursuant to The Uniform Building
and Accessibility Standards Act renew and/or replace those
bylaws with a new building bylaw adopted pursuant to The
Construction Codes Act. This Bylaw substantially continues
the regulatory program established through Bylaw 2003-7 but
contains some changes to align the bylaw with The
Construction Codes Act, the National Building Code of
Canada, the National Plumbing Code of Canada, the National
Energy Code of Canada and City process and program
improvements arising from recent program review projects,
improve readability of the bylaw and remove dated or
redundant provisions.
STATUTORY
AUTHORITY:
Section 17 of The Construction Codes Act and section 8 of The
Cities Act.
MINISTER'S APPROVAL: Ministerial approval of this Bylaw is required pursuant to
section 17 of The Construction Codes Act.
PUBLIC HEARING:
N/A
PUBLIC NOTICE:
N/A
REFERENCE:
Executive Committee, July 5, 2023, EX23-60 and City
Council July 12, 2023, CR23-88
AMENDS/REPEALS:
Bylaw 2003-7
CLASSIFICATION:
Regulatory
INITIATING DIVISION:
City Planning and Development
INITIATING DEPARTMENT:
Planning & Development Services