Rural Municipality of Bratt's Lake No. 129, Saskatchewan
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## SHORT TITLE
- This bylaw may be cited as the Building Bylaw.
## PURPOSE OF THE BUILDING BYLAW
- 2 The purpose of this building bylaw is to provide for the administration and enforcement of
## INTERPRETATION/LEGISLATION
- 3 Definitions contained in the Construction Codes Act, The Building Code Regulations and The Energy Code Regulations shall apply in this Building Bylaw.
- (1) "Act" means The Construction Codes Act.
- (2) "building official" means a person who holds a building official license.
- (3) "competent person" means a person who is recognized by the local authority as having the following to design or review the design of proposed work:
- (a) a degree, certificate or professional designation; o
- 'b) the knowledge, experience and training necessary to design or review the desig and training.
- (4) "construction standards" in this building bylaw means the construction standards described in Part 2 of the Act.
- (5) "farm building" means, subject to the regulations, a building that:
- (b) is located on land used for agricultural operation as defined in The Agricultural Operations Act; and
- (a) does not contain a residential occupancy;
- (c) is used for the following purposes:
- (ii) the production, storage or processing of primary agricultural and horticultural crops or feeds;
- the housing of livestock;
- (iii) the housing and storage or maintenance of equipment or machinery associated with an agricultural operation;
- (iv) any other prescribed purpose.
- (6) "local authority" means the Rural Municipality of Bratt's Lake No. 129 and its elected council.
- (7) "NBC" means the edition and provisions of The National Building Code of Canada, including revisions, errata and amendments to it, declared to be in force pursuant to the Act and the regulations.
- "NECB" means the edition and provisions of The National Energy Code of Canada for Buildings, including revisions, errata and amendments to it, declared to be in force pursuant to the Act and the regulations.
## BYLAW NO. 2-2022
## A BYLAW RESPECTING BUILDINGS
The Council of the Rural Municipality of Bratt's Lake No. 129 in the Province of Saskatchewan enacts as follows:
- (9) "occupancy certificate" means a certificate issued with respect to the approved use or occupancy of a building.
## (10) "owner" means:
- (b) any person, firm, or corporation that controls the property under consideration; or
- (a) any person who has any right, title, estate or interest in land, improvements or premises other than that of a mere occupant, tenant or mortgagee;
- (c) if the building is owned separately from the land on which the building is located, the owner of the building.
- (11) "owner's representative" means any person, company, employee or contractor who has authority to act on behalf of the owner.
- (12) "permit" means written authorization issued by the local authority or its building official in the form of a building permit.
- (13) "permit fees" means as defined in this building bylaw.
- (14) "plan review" means the examination of building drawings and related documents by a building official to ascertain whether those drawings and documents meet the requirement of the construction standards.
- (15) "regulations" means The Building Code Regulations and The Energy Code Regulations.
- (16) "residential occupancy" means the occupancy or use of a building or part thereof by persons for whom sleeping accommodation is provided but who are not harboured for the purpose of receiving care or treatment and are not involuntarily detained.
- (17) "SAMA" means the Saskatchewan Assessment Management Agency.
- (18) "service provider" means the company providing building official services to the local authority.
- (19) "value of construction" means the total costs to the owner for the work in its completed form and includes the cost of design, all building work, materials of construction, building systems, labour, overhead, and profit of the contractor and subcontractors.
- (20) "work" means any construction, addition, erection, placement, alteration, repair, enovation, demolition, relocation, removal, use, occupancy or change of occupancy, or reconstruction of a building
## SCOPE OF THE BYLAW
- 4 (1) This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority.
- (2) The provisions of this building bylaw apply to buildings greater than 10 m2 (107.6 ft2) in building area except as otherwise exempted by the Act or the regulations.
- (3) Retaining walls attached to a structure or free standing greater than 600 mm (2 ft) in differential grade height on lands not used for agricultural purposes.
- An accessory building not greater than 10 m? (107.6 ft?) is exempt from this building bylaw provided it does not create a hazard and provided it does not have sleeping accommodations.
- (5) Decks under 600 mm (2 ft) in differential grade height on lands for residential use are deemed as patios or platforms and exempt from this building bylaw.
## PERMIT FEE AND PAYMENT
- 5(1) The permit fee shall be determined by the local authority, and may include the following:
- (b) any deposit as described in the Schedules;
- (a) an administration fee as described in the Schedules for the processing, handling and issuance of a permit;
- (c) the service fee charged to the local authority by a building official engaged to review, inspect and enforce the construction standards as per the agreement between the local authority and building official and as described in the service provider agreement
- (e) all applicable taxes.
- (d) the SAMA fee charged to the local authority by SAMA with respect to the work and
- (2) The owner or the owner's representative may be invoiced by the local authority for additional fees as determined by the local authority or service provider and will be due on receipt of the invoice. The additional fees may include charges for:
- (b) varying conditions or scope of a permit;
- (a) work that does not proceed in a timely or competent manner;
- (c) occupancy without prior written approval from the local authority or building official;
- (e) issuance of building official's orders;
- (d) failure of the owner or owner's agent to ensure that all inspections are scheduled and completed by the building official;
- (f) additional service fees required to review, inspect and enforce the construction standards;
- (g) renewing, revoking, extending, varying the conditions of, cancelling or reinstating
- (h) costs incurred by the local authority to remedy the building into a safe condition or demolish the building or bring the building into compliance with the construction standards;
- the cost to register an interest in lands through Land Titles Registry; and other fees as determined by the local authority to be reasonable for administering and enforcing the construction standards.
- (3) The deposit may be refunded, on request by the owner or the owner's representative, if the local authority or building official deem the work satisfactorily complete.
- (4) The local authority may, at its discretion, rebate a portion of a permit fee or additional fees where work is reduced in scope or discontinued, or where other exceptional circumstances occur.
- (5) The local authority may double the permit fee if work commences prior to obtaining a permit.
- (6) For a demolition or removal permit, the applicant shall provide a refundable deposit to the local authority to cover the cost of restoring the site after the building, as described in the Schedules. The local authority shall hold the refundable deposit until, in the opinion of the local authority or the building official, the work has been satisfactorily completed or on approval of use or occupancy of the building by the local authority or the building official.
- (7) The building official may establish the value of construction for the work described in the application for a permit, for the purpose of determining the permit fee or additional fees, based on established current construction costs, the owner's or the owner's representative statement of costs or constructor's contract values, or similar methods selected by the building official.
- (8) Unpaid permit fees or additional fees will be considered debt due to the local authority and may be recovered from the owner of the land or premises in or on which the work was carried out as per the Act, If fees are not paid within 30 days all fees may be levied to taxes for collection.
- (9) Where the local authority refuses to issue or revokes a permit, the local authority shall refund any fee or deposits paid as part of the application for the permit, less administration and service fees.
## GENERAL DUTIES OF THE OWNER
- (1) The duties of the owner or the owner's representative as applicable, includes but not
2. (b) not commencing or cause to be commenced work without first having obtained a valid permit from the local authority;
3. (a) ensuring that the building and work is in accordance with the construction standards;
4. & complying with the terms and conditions of the permit; complying with the terms and conditions of the plan review;
5. (f) ensuring all inspections are scheduled and completed by the building official;
6. (e) ensuring all notifications required by this building bylaw are given to the local authority;
7. (g) not enclosing, prior to inspection, the work that requires inspection by a building official;
- (1) not occupying the building or part of the building before the issuance of an occupancy certificate by the local authority or the building official pursuant to clause 16(11)(h) of the Act;
9. (h) paying all fees associated with demonstrating compliance with the construction code;
10. () obtaining prior written approval from the local authority before closing or blocking any road, street, lane, or sidewalk
- (1) fill and level any excavation on the property with clean non-expansive fill, to the approved elevation indicated on the approved drawings and permit;
12. (k) suppling and maintaining, at their own expense, all warning signs, barricades, fences or other services that may be required to warn the public and protect the public from the work;
13. (m) ensuring that the property is left in a safe and orderly, well-kept condition, including removing all rubbish and building materials to an approved disposal location. For greater clarity, this includes not burying on the site any waste material, including concrete from demolition of a basement or foundation, or below ground level substructures or framework; and
- (2) If intending to construct a farm building exempt from this building bylaw, the owner or the owner's representative shall provide to the satisfaction of the local authority that the building satisfies the definition of farm building in this bylaw. For greater clarity, as per the Act, residential occupancies cannot be exempt.
## PERMITS - GENERAL CONDITONS
- 7 (1) Permits shall be subject to any geotechnical requirements stated by the local authority.
- (2) Permits will be required for retaining walls attached to a structure or free standing that is greater than 600 mm (2 ft) in differential grade height on lands not used for agricultural purposes. A design professional licensed in the Province of Saskatchewan will be required to design such structures. 4
·
- (3) The granting of any permit by this building bylaw shall not:
2. (b) make either the local authority or the building official liable for damages or losses in the event that a building does not comply with the requirements of any Act, the regulations or bylaw regardless of whether or not occupancy has been authorized by a permit.
3. (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 Act, the regulations or bylaw affecting the site described in the permit; or
- (4) Approval in writing from the local authority or building official is required for any deviation, omission or revision to the work.
## PERMITS - APPLICATION AND ISSUANCE
- 8 (1) Every application for a permit for work shall be in a form as required by the local authority or its building official, and shall be accompanied by a minimum of two sets of plans and specifications in electronic format (PDF) of the proposed building and work.
- (2) The owner or owner's representative consents to the use of email for communications.
- (3) Where the proposed work requires the technical expertise of an architect or engineer, the local authority or building official may require that all drawings and specifications, or any part thereof, be prepared or reviewed, sealed, dated and signed by a professional engineer or architect registered or licensed to practice in the Province of Saskatchewan.
- (4) Where a building is to be demolished or removed, the local authority shall not issue a permit until the local authority 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
- (5) The application for a permit shall be reviewed and approved by the building official. The building official will return an approved plan review, showing all required inspections by the building official. In addition, one set of the approved plans an specifications will be returned to the owner or the owner's representative with th
- (6) The local authority shall issue a permit when:
- (b) If the work described in the application for a permit, to the best of the knowledge of the local authority or building official, complies with the requirements of the construction standards.
- (a) All permit fees, deposits and any applicable taxes have been paid; and
## PERMITS - REFUSAL TO ISSUE AND REVOCATION
- (b) the person who designed or reviewed the design of the proposed works that is
- (f) the proposed work would contravene any other Act, the regulations or bylaws that
- (2) The local authority may revoke a permit if:
2. (a) the holder of the permit requests in writing that it be revoked and the work has
3. (b) there is contravention of any condition under which the permit was issued
4. (a the permit was see or mistake false or incorrect informations o
- (3) Where the local authority refuses to issue or revokes a permit, the local authority shall provide written notice to the applicant or permit holder as to the reasons for the refusal or revocation.
## PERMITS - EXPIRY
- 10 (1) Alries or the allopine on the date stated in the permit, or if no date is stated, the
- (a) 24 months from the date of issue;
- (b) 6 months from date of issue if work is not commenced within that period;
- (c) 6 months from date of last inspection by a building official where work has not seriously progressed to the satisfaction of the building official and without prior authorization from the local authority;
- (2) All permits issued for demolition removal expire 6 months from the date of issue.
- (3) If the owner wishes to terminate the work, the owner or the owner's representative must first receive written approval for the local authority to terminate the permit.
- (4) If the permit expires, but not all of the work is complete, the owner or the owner's representative shall apply to the local authority in writing requesting:
- (b) vary the conditions of the permit.
- (a) to extend the term of the permit. The local authority may extend the permit to a maximum of 24 months; or
- (5) The expiration of a permit does not relieve the owner or owner's representative from the obligation to put the building in safe condition or demolish the building.
## PERMITS - ENFORCEMENT
- 11 (1) The local authority or building official may take any measures as permitted in the Act or the regulations for the purpose of ensuring compliance with the construction standards.
- (2) Failure to obtain a permit or follow the terms of the permit, including ensuring that al inspections are scheduled and completed by the building official, may result in the issuance of a building official's order, in accordance with section 25 of the Act.
- (3) The building official may direct the local authority to register an interest in the lands through the Land Titles Registry if a building official's order was not adhered to, in accordance with section 20 of the Act.
## NOTIFICATION
- (a) when excavation is to be commenced;
- 12 (1) The owner or owner's representative of a building to be constructed shall ensure that the local authority is notified of:
- (b) when the foundation is to be placed;
- (d) any other event at the time required by the permit under which work has beel
- (c) when a superstructure is to be placed on the foundation
- undertaken; and (e) any other specified event at the specified time.
- (2) Before commencing work, the owner or owner's representative shall give notice to the local authority, in writing, of:
2. (b) the designer of the work;
3. (a) the contractor or other person in charge of the work;
4. (c) the person or firm reviewing the work to determine whether or not the work conforms to the design;
5. (e) the date the work is intended to commence; and
6. (d) any inspection or testing agency that is engaged to monitor the work;
7. (f) when the excavation is to be commence.
8. The owner or owner's representative must call for all inspections set out by the building official in the plan review.
- (4) Failure to provide notice and ensure that all inspections are scheduled and completed by the building official could result in destructive testing efforts requested by the building official at the cost of the owner or the owner's representative.
- (5) During the course of the work, the owner or owner's representative shall give notice to the local authority in writing of any:
11. (a) change in, or termination of, the employment of a person or firm listed in subsection (1);
12. (b) intent to do any work requiring inspections by the bullding otticial
13. (d) proposed or undertaken deviations from the plans approved and permitted by the
14. (c) intent to enclose any work requiring inspection by a building official
- (9) intention to occupy the building or portions of the building prior to the issuance of occupancy.
- (6) A real property report of the site prepared by a registered land surveyor may b equired by the local authority to be submitted by the owner or owner's representative for principal buildings and dwellings required by the local authority. Failure to do so may result in the issuance of a stop work order with additional fees.
## NOTICE OF A FAILURE
- 13 (1) The owner, owner's representative or owner's agents, contractors, employees or successors or the registered owner of the land on which the building is situated shall submit a written report to the local authority of the occurrence of the following that causes or has the potential to cause serious injury or loss of life:
- (b) failure of any equipment, device or appliance that is regulated by the Act or the regulations.
- (a) structural failure of the building or part of the building;
- (2) The report must be submitted to the local authority within 15 days after the occurrence of the failure. The report must contain:
- (b) the address or location of the building involved in the failure;
- (a) the name and address of the owner;
- (c) the name and address of the constructor of the building; and
- (d) the nature of the failure.
- (3) On receipt of the report, the local authority may require an owner or owner's representative to:
- (b) complete any additional work that is necessary to ensure immediate compliance.
- (a) provide other information that the building official or local authority may consider necessary; and
## ENFORCEMENT OF CONSTRUCTION STANDARDS
- 14 (1) The local authority or the building official may take any measures as permitted by section 24, 25 or 26 of the Act and sections 13 and 14 of the regulations for the purposes of ensuring compliance with this building bylaw.
- le expenses incurred to the tax payable on the property, ar
- ) obtaining restraining order
- (3) If any building or part thereof or addition thereto is in an unsafe condition due to taulty work, dilapidated state, abandonment, open or unguarded condition or any other reason, the local authority may take any measures allowed by the Act
## BUILDING DESIGN REQUIREMENTS
- 15 (1) The owner or owner's representative that undertakes to or has constructed a building that is within the scope of Parts 3, 5, 6 and 7 of the NBC shall have an architect or professional engineer registered in the Province of Saskatchewan:
- (a) complete the design or design review and inspection of the building and all
- (b) provide a Commitment for Field Review letter as part of the permit application for
- (0) proplea orthe work, providing assurance that wok orms to titter, on architect's or engineer's design and the construction standards.
- (2) The owner or owner's representative that undertakes to or has constructed a building with a structure that is within the scope of Part 4 of the NBC shall have an architect or professional engineer registered in the Province of Saskatchewan:
- (a) complete the design or design review of the structure;
- (c) complete the reviews required by the NBC;
- (b) complete an inspection of construction of the structure to ensure compliance with the design;
- (e) Wrovide an Assurance ofField Review and Corneline lette architects ion of the work, providing assurance that the work conforms to the architect's or engineer's design and the construction standards.
- (d) provide a Commitment for Field Review letter as part of the permit application for
- (3) Foundations for residential occupancies including modular homes with A277 certification shall be designed pursuant to subsection (2).
- (4) The owner or owner's representative that undertakes to or has constructed a building that is within the scope of Part 9 of the NBC shall have a competent person complete the design or review of designs of the building.
- (5) The owner or owner's representative that undertakes to or has constructed a building with a structure that is within the scope of the NECB shall have an architect or professional engineer registered in the Province of Saskatchewan:
2. (b) complete an inspection of construction of the structure to ensure compliance with
3. (a) complete the design or design review of the structure;
4. (c) complete the reviews required by the NECB;
5. (e) provide an Assurance of Field Review and Compliance letter, on completion of the work, providing assurance that the work conforms to the architect's or engineer's design and the construction standards.
6. (d) provide a Commitment for Field Review letter as part of the permit application for work; and
- (6) On the request of the local authority or building official, the owner or owner's representative shall ensure copies of any inspections or review reports made pursuant to this section are made available to the local authority or building official.
- (7) No owner or owner's representative shall cause or allow the ground elevations of a ridingto be chaned so as to plain ed so as to place in contravention of the NBC the buildina or pa
9. If the property boundaries of a building lot are changed so as to place a building or part of a building in contravention of the NBC, the regulations or bylaws, the owner or owner's representative shall immediately alter the building or part of the building to bring it into compliance with the NBC.
## PENALTY
- 16(1) Any person who contravenes any of the provisions of this building bylaw may be subject to the penalties provided in Part 8 of the Act.
- (2) Conviction of a person or corporation for breach of any provision of this building bylaw shall not relieve the person or corporation from compliance the construction standards.
## REPEAL OF BYLAWS
- 17 On enactment of this building bylaw, all previous bylaw, including building bylaw amendments, are repealed.
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SOCCES
ONICIPALTY ON
RURAL
Seal
ATT'S
CANADA
AKE
No. 129
Certified a true copy of Bylaw 2-2022, adopted by Council on the 12th day of July, 2022.
Rolann
REEVE
ADMINISTRATOR
REEV
ADMINISTRATOR
Building and Technical Standards Minist v of Government Relations
July 21, 2022
## Schedule A: Residential Permit Fees
Administration Fee (all project types)
Deposit (only for demolition or removal)
$50.00
$200.00
Residential: As defined in 2015 NBC, and includes: detached houses, semi-detached houses, duplexes, triplexes, townhouses, row houses and boarding houses. Buildings with horizonal area larger than 600 m' are classified as Commercial.
Accessory Building: Examples include detached garages, boat houses, pole buildings, etc.
## Schedule B: Commercial Permit Fees
Administration Fee (all project types)
Deposit (only for demolition or removal)
$100.00
$200.00