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RURAL MUNICIPALITY OF CANWOOD NO. 494
BYLAW 2020 - 02
A BYLAW OF THE RURAL MUNICIPALITY OF CANWOOD NO. 494 RESPECTING BUILDINGS
The Council of the Rural Municipality of Canwood No. 494 in the Province of Saskatchewan enacts as follows:
SHORT TITLE
1. This bylaw may be cited as the Building Bylaw.
INTERPRETATION/LEGISLATION
2. (1) "Act" means The Uniform Building and Accessibility Standards Act being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 and amendments.
(2) "Administrative Requirements" means The Administrative Requirements for use with The National Building Code.
(3) "Authorized Representative" means a building official appointed by the Local Authority pursuant to subsection 5(4) of the Act or the municipal official.
(4) "Farm Operation" means either an individual or a corporation that meets one of the two following minimum farm size criteria:
Cereal Crop and Canola Growers
A cereal or canola grower must own, lease or rent at least 30 cultivated hectares of land (75 acres) used for the growing of barley, canola, flax, oats, rye or wheat for sale.
Livestock and other Crop Producers
All other types of Farm Operations must consist of an area of land that the farmer owns, rents or leases and is used to produce primary farm products that generate at least:
$10,000.00 of gross revenue in the past year, or
$20,000.00 of gross revenue over the past 2 years, or
$10,000.00 in value added to their crops or animals in the past year. It is up to the farmer to declare such value added with the understanding that the farmer may be required to produce evidence in support of the exemption applicable to farm buildings.
(5) "Local Authority" means the Council of the Rural Municipality of Canwood No. 494.
(6) "Regulations" means regulations made pursuant to the Act.
(7) "Zoning Bylaw" means Bylaw No. 2003-7 of the Rural Municipality of Canwood No. 494 as amended from time to time and any subsequent Zoning Bylaw passed by the Council of the Rural Municipality of Canwood No. 494 and substituted therefor.
(8) Definitions contained in the Act and Regulations shall apply in this bylaw.
SCOPE OF THE BYLAW
3. (1) This bylaw applies to matters governed by the Act and the Regulations, including the National Building Code of Canada, and the Administrative Requirements.
(2) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting matters regulated by the Act and Regulations shall not apply.
(3) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting "occupancy permits" shall not apply except as and when required by the Local Authority or its Authorized Representative.
(4) The provisions of this bylaw apply to all residential occupancies including a residence otherwise defined as a farm building.
GENERAL
4. (1) A permit is required whenever work regulated by the Act and Regulations is to be undertaken.
(2) Notwithstanding subsection (1), no building, demolition or removal permit is required for any building with floor area of less than 10 square meters, provided it does not create a hazard; and provided, however, the construction of the same shall conform to all other requirements of the Act, Regulations and Zoning Bylaw. The aforementioned building shall not be used for residential occupancy.
(3) No owner or owner's agent shall work or authorize work or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done.
(4) The granting of any permit that is authorized by this bylaw shall not:
(a) entitle the grantee, his successor or assigns, or anyone on his behalf to erect any building that fails to comply with the requirements of any building restriction agreement, bylaw, act and/or regulation affecting the site described in the permit, or
(b) make either the Local Authority or its Authorized Representative liable for damages or otherwise by reason of the fact that a building, the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use or occupancy of which has been authorized by permit, does not comply with the requirements of any building restriction agreement, bylaw, act and/or regulation affecting the site described in the permit.
(5) The Rural Municipality of Canwood No. 494, the appointed building official, and the employees of the Rural Municipality, servants and agents of the Rural Municipality shall not be held liable for any losses, costs, claims or damages whatsoever 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:
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 bylaw of the Local Authority, federal or provincial act, regulation or code or derogates from a right of any other person;
Faulty subsoil conditions, whether such conditions were unknown to the Local Authority or not;
The fact that the owner or any other party on behalf of the owner has continued to work as to conceal previous work, making that work impossible to inspect by the Local Authority or any other Authorized Representative or inspector appointed by the Local Authority; or
The owner's failure to call for an inspection of work as required in the Act and Regulations.
(6) Application of energy efficiency standards for renovations and alterations to existing buildings shall be at the discretion of the Local Authority under advisement of its building official.
BUILDING PERMITS
5. (1) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a building shall be submitted utilizing the form provided by the Local Authority, and shall be accompanied by one set of the plans and specifications of
the proposed building, except that when authorized by the Local Authority or its Authorized Representative, plans and/or specifications may be submitted electronically or need not be submitted.
(2) A licensed building official may require a site plan prepared by a registered Saskatchewan Land Surveyor, either before construction begins or upon completion of works, as a condition of permit approval.
(3) If the work described in an application for building permit, to the best of the knowledge of the Local Authority or its Authorized Representative, complies with the requirements of this bylaw, the Local Authority, upon receipt of the prescribed fee, shall issue a permit for the building.
(4) The Local Authority may, at its discretion, have plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by building officials designated by the minister to assist the Local Authority pursuant to subsection 4(4) of the Act.
(5) The Local Authority may, at its discretion, have plan review, inspection and other services provided by a person, firm or corporation employed under contract to the Local Authority.
(6) The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building, a permit extension permit and renewals shall be based on the following fee schedule:
(a) An administration fee of $50.00 per permit plus $2.00 per $1,000.00 estimated value of construction in excess of $50,000.00;
For example:
A building construction project is valued at $75,000.00
Flat fixed fee of = $50.00 plus
$2.00 per $1,000 @ $25,000 ($75,000-$50,000) = $50.00
Total administration fee = $100.00
(b) The permit fee shall also include the full cost of those services provided by a person, firm or corporation employed under contract to the Local Authority in reference to subsection (5).
The fee for services as prescribed in subsection (6) may be amended from time to time as agreed to by the Local Authority and the Authorized Representative without affecting this bylaw.
A copy of the fee schedule is available upon request.
Where work for which a permit is required has commenced prior to the issuance of such permit, an additional special administration fee shall be paid in the amount equal to 100% of the permit fee as per subsection (6).
Permit fees shall be paid in full prior to a permit being issued.
Permit Extension
An administration extension fee of $50.00 per permit will be required for a single-time extension issued in accordance with subsection (9).
When additional site inspections are required by the Local Authority's building official as a result of construction not being completed in the first year of a building permit, all costs associated with additional inspections shall be due and payable to the Local Authority.
Permit Renewal
An administration renewal fee of $100.00 plus the full cost of those services provided by a person, firm or corporation employed under contract to the Local Authority in reference to subsection (5) for a permit renewal will be required upon a permit's expiry in accordance with subsection (9).
When additional site inspections are required by the Local Authority's building official as a result of construction not being completed in the first year of a building permit, all costs associated with additional inspections shall be due and payable to the Local Authority.
(7) The Local Authority may estimate the value of construction for the work described in an application for building permit, for the purpose of evaluating a permit fee, based on established construction costs, owner's statement of costs or similar methods selected by the Local Authority.
(8) Approval in writing from the Local Authority or its Authorized Representative is required for any deviation, omission or revision to work for which a permit has been issued under this section.
(9) All permits issued under this section expire:
one (1) year from date of issue if work is not commenced within that
period, or
(b) if work is suspended for a period of one (1) year, or
(c) if work is suspended for a period of longer than one (1) year by prior written agreement of the Local Authority or its Authorized Representative.
A one-time extension may be granted by the Local Authority in consultation with the building official if the construction as listed in the building permit has reached the final stage, that being completion of all concrete work, framing, poly/insulation and interior wall sheathing. All other requests for an extension must be approved by Council.
(10) Where permits expire and landowners do not make application for a permit extension or a permit renewal, the building shall not be used or occupied until the building permit is closed. The building official may issue an order under Section 17 of the Act to the owner of the building or his/her agents, contractors, employees, successors, or assigns or the registered owner of the land on which the building is situated.
(11) The Local Authority may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued, or where other exceptional circumstances occur.
DEMOLITION OR REMOVAL PERMITS
6. (1) (a) The fee for a permit to demolish or remove a building shall be based on the following fee schedule:
An administration fee of $50.00 per permit
(b) In addition, the applicant shall deposit with the Local Authority such sum as the Council or its Authorized Representative considers sufficient to cover the cost of restoring the site after the building has been demolished or removed to such condition that it is, in the opinion of the Local Authority or its Authorized Representative, not dangerous to public safety.
If the applicant who demolishes or removes the building restores the site to a condition satisfactory to the Local Authority or its Authorized Representative, the sum deposited shall be refunded.
(2) (a) Every application for a permit to demolish or remove a building shall be submitted utilizing the form provided by the Local Authority.
(b) Every application to remove a building from its site and relocate it to a site within the geographical jurisdiction of the Local Authority will require a permit.
(3) Where a building is to be demolished and the Local Authority or its Authorized Representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the Local Authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition.
(4) Where a building is to be removed from the Local Authority, and the Local Authority or its Authorized Representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the Local Authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal.
(5) (a) Where a building is to be removed from its site and set upon another site in the municipality, and the Local Authority or its Authorized Representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, and the building when placed on its new site and completed, to the best of the knowledge of the Local Authority or its Authorized Representative, will conform with the requirements of this bylaw, the Local Authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal.
(b) In addition, the Local Authority, upon receipt of the fee prescribed in Section 5(6), shall issue a permit for the placement of the building.
(6) All permits issued under this section expire six (6) months from the date of issue except that a permit may be renewed for six (6) months upon written application to the Local Authority.
ENFORCEMENT OF BYLAW
7. (1) If any building or part thereof or addition thereto is constructed, erected, placed, altered, repaired, renovated or reconstructed in contravention of any provision of this bylaw, the Local Authority or its Authorized Representative may take any measures as permitted by Part V of the Act for the purpose of ensuring compliance with this bylaw including, but not limited to:
(a) entering a building,
(b) ordering production of documents, tests, certificates, etc. relating to a building,
(c) taking material samples,
(d) issuing notices to owners that order actions within a prescribed time,
(e) eliminating unsafe conditions,
(f) completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and
(g) obtaining restraining orders.
(2) If any building, or part thereof, is in an unsafe condition due to its faulty construction, dilapidated state, abandonment, or unguarded condition or any other reason, the Local Authority or its Authorized Representative may take any measures allowed by subsection (1).
(3) The owner of a building for which a permit has been issued or for which actions are being taken in compliance with an order shall give notice in writing to the Local Authority as required in Section 17.2 of the Act including, but not limited to:
(a) on start, progress and completion of construction,
(b) of change in ownership prior to completion of construction, and
(c) of intended partial occupancy prior to completion of construction.
8. Where the design falls into subsection 8(2) of The Uniform Building and Accessibility Standards Regulations, every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct such a building must be accompanied with a "Commitment for Field Review Letter" completed by a design professional detailing the scope of work. The design professional must also provide a "Letter of Assurance" upon completion of the project prior to the building being occupied.
SPECIAL CONDITIONS
9. (1) Notwithstanding the requirements of the Regulations, an architect or professional engineer registered in the province of Saskatchewan shall be engaged by the owner for assessment of design and inspection of construction or certification of a building or part of a building where required by the Local Authority or its Authorized Representative.
(2) An up-to-date plan or survey of the site described in a permit or permit application prepared by a registered land surveyor shall be submitted by the owner where required by the Local Authority or its Authorized Representative.
(3) It shall be the responsibility of the owner to ensure that change in property lines and/or change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw.
(4) It shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable bylaws, acts and regulations.
PENALTY
10. (1) Any person who contravenes any of the provisions of this bylaw shall be liable to the penalties provided in Section 22 of the Act.
(2) Conviction of a person or corporation for breach of any provision of this bylaw shall not relieve him from compliance therewith.
REPEAL OF BYLAWS
11. Bylaw 2018-08 is hereby repealed.
BYLAW EFFECTIVE DATE
12. This bylaw shall come into force on the date of approval pursuant to Section 23.1(4) of The Uniform Building and Accessibility Standards Act.
Read a first time the 17th day of March, 2020.
Read a second time the 17th day of March, 2020.
Read a third time and adopted the 17th day of March, 2020.
________________________
Lyndon Pease
Reeve
(SEAL)
_________________________
Lorna Benson
Administrator
R.M. of Canwood No. 494
Bylaw No. 2020-02 Building Bylaw Page PAGE \* MERGEFORMAT 6