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RURAL MUNICIPALITY OF HAZEL DELL No.335
BYLAW NO. 8-2023
A BYLAW RESPECTING BUILDINGS
The Council of the Rural Municipality of Hazel Dell No.335 in the Province of Saskatchewan
enacts as follows:
SHORT TITLE
1. This Bylaw may be referenced as the "Building Bylaw".
PART I
PURPOSE AND DEFINITION
Purpose
2. The purpose of this Bylaw is to provide for the administration and enforcement of the Act,
the regulations, the National Building Code of Canada, the National Energy Code of Canada
for Buildings, ministerial interpretations and Saskatchewan Construction Standards Appeal
Board orders and building official orders within local authority.
Definitions
3. In this Bylaw definitions contained in The Construction Codes Act, The Building Code
Regulations and The Energy Code Regulations shall apply.
1) "Act" means The Construction Codes Act;
2) "Accessory building or use" means a separate building, separate structure or use
which is subordinate to the principle use, building or structure.
3) "Building Official" means a person who holds a building official license.
4) "Certificate of occupancy" means a written document issued by the local authority
giving the owner of the building permission to occupy the building for its intended
use.
5) "Competent person" means a person who is recognized by the local authority as
having:
a. a degree, certificate or professional designation; or
b. the knowledge, experience and training necessary to design or review the design
of the building.
6) "Farm building" means, subject to the regulations, a building that:
a. does not contain a residential occupancy;
b. is located on land used for an agricultural operation as defined in The Agricultural
Operations Act; and
c. is used for the following purposes:
i. the housing of livestock;
ii. the production, storage or processing of primary
agricultural and horticultural crops or feeds;
iii. the housing, storage or maintenance of equipment
or machinery associated with an agricultural
operation;
iv. any other prescribed purpose.
7) "Local authority" means the Rural Municipality of Hazel Dell No.335.
8) "Municipal official" means Administrator of the Rural Municipality of Hazel Dell
No.335 or their designate.
9) "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 regulations.
10) "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 regulations.
11) "Owner" means:
a. a person who has any right, title, estate or interest in land, improvements or
premises other than that of a mere occupant, tenant or mortgagee;
b. any person, firm or corporation that controls the property under consideration; or
c. if the building is owned separately from the land to which the building is located,
the owner of the building.
12) "Owner's representative" means any person, company, employee or contractor who
has the authority to act on behalf of an owner.
13) "Permit" means written authorization issued by the local authority or its building
official in the form of a building permit.
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
requirements of the Act and regulations.
15) "Regulations" means The Building Code Regulations and The Energy Code
Regulations.
16) "Value of construction" means the total costs to the owner for the building
construction in its completed form and includes the cost of all building work,
materials of construction, building system, labour and overhead, and profit of the
contractor and subcontractors.
17) "Work" means any construction, addition, erection, placement, alteration, repair,
renovation, demolition, relocation, removal, use, occupancy or change of
occupancy of a building.
PART II
SCOPE OF THE BYLAW
4. This building bylaw applies to all work undertaken or to be undertaken within the
geographical jurisdiction of the local authority.
General
5. It is the duty of every owner or the owner's representative of a building in Saskatchewan to
ensure that the building and work is in accordance with the Act, regulations, any associated
codes, interpretations and orders, and any bylaws the adopted by the local authority with
which the building is associated.
1) It shall be the responsibility of the owner or the owner's representative to arrange
for all permits, inspections and certificates required by any other applicable bylaws,
Acts and regulations.
2) A building or part of a building for which a permit has been granted shall not be
occupied before written authorization to do so by the building official and a
Certificate of Occupancy has been issued by the local authority.
3) A permit issued pursuant to this building bylaw include:
a. the name of the person, or company to whom the permit is issued;
b. the period for which the permit is valid;
c. fees, deposits or bonds charged for the permit;
d. the scope of work authorized by the permit;
e. the municipal address or legal description of the property on which the work is
described in the permit is located;
f. the buildings or portion of the buildings to which the permit applies;
g. any conditions that the permit holder is required to comply with; and
h. any information required by this building bylaw and/or the local authority.
i. the stages of construction for which a permit holder must inform the local
authority;
4) No person, or company to whom a permit is issued pursuant to the Act shall fail to
comply with the terms and conditions of this permit.
5) Work must not commence before permit is issued.
6) All permits issued pursuant to this bylaw expire within
a. twenty-four (24) months from the date of issue;
b. twelve (12) months from the date of issue if the work is not commenced within
that period;
c. if work is suspended for a period of twelve (12) months, or
d. on the date specified by the local authority if work has been suspended with
written permission by the local authority or building official and the agreed upon
period has been exceeded.
7) Where a permit is to expire prior to completion date:
a. the permit holder may before the expiration date, submit a written request for an
extension to the local authority
b. including the reason for the extension request, and
c. any additional information that may be required by the local authority.
d. if the extension request does not occur before the permit expires the local
authority may consider the permit to be null and void, and require a new
application to be submitted.
e. the expiry of permit does not relieve the owner or the owner's representative from
the obligation to complete the work approved in the permit.
f. the local authority may extent or vary the conditions of a permit on written
application of the permit holder and subject the extended permit to any condition
or fees listed in this bylaw.
8) Buildings with a building area not more than 10m2 (107.6ft2) in building area are
exempt from this bylaw provided it does not create a hazard.
9) Farm buildings located on the agricultural land are exempt from this bylaw. This
bylaw applies to all residential occupancies located on agricultural land.
10) It is the responsibility of the owner or the owner's representative to ensure the all
notifications required by section 7 of the Act and this building bylaw are given to
the local authority and that all inspections are scheduled and completed. Failure to
do so may result in additional fees for follow up inspections.
11) The provisions of this building bylaw apply to buildings greater than 10m2 (107.6
ft2) in building area except as otherwise exempted by the Act or regulations.
PERMITS-Construction, Addition, Erection, Placement, Alteration, Repair,
Renovation, or Change of Occupancy
6.
1) Every application for a permit for work shall be in Form A and shall be
accompanied by one set of the plans and specifications for the proposed building,
except when authorized in writing by the building official that the plans and/or
specifications need not be submitted.
2) No building permit shall be issued unless a Development Permit, where required
has first been approved and issued by the local authority. Building permits shall be
subject to any conditions stated in the Development Permit.
3) Permit applications will be reviewed by the municipal official for accuracy and
completion then forwarded to the building official for review and approval.
4) If the work described in an application for a permit, to the best of the knowledge of
the local authority or the building official, complies with requirements of this
building bylaw, the Act, or the regulations, the local authority or the building
official shall, on receipt of the required fee(s), issue a permit. In addition, a copy of
the approved plans and specifications will be returned to the owner or owner's
representative with the permit.
5) The permit fee shall be calculated according to the sum of the fees outlined in
Schedule A.
a. the Administration Fee as outlined in Schedule A is non-refundable.
b. all permit fees will be due and collected in full prior to the building permit being
issued.
i. the fees for plan review, field inspection of
construction enforcement in accordance with
Schedule A and the agreement between the provider
of the building official services and the local
authority;
ii. a deposit, if required, in an amount determined by
local authority.
c. the owner or the owner's representative will be notified by the local authority for
additional inspection fees and payment of the inspection fees will be due on
receipt of this notice. Unpaid inspection fees will be considered a 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 as a result of:
i. re-inspection(s) of infractions or deficiencies to
ensure National Building Code compliance until
deficiencies are satisfactory completed.
ii. a progress inspection may be initiated for
construction projects where an inspection has not
occurred in the past six (6) months.
iii. fees related to any deviation, omission or revision
of work for which a permit has already been issued.
iv. action required to issue Orders, Affidavits or other
work to remedy non-compliance. Any additional
fees as a result of any of the above circumstances,
plus building official travel costs, which are part of
the inspection process shall be due upon notification
from the local authority.
6) The local authority may estimate the value of construction for the work described in
an application for building permit, for the purpose of calculating permit fee, based
on established construction costs, owner's statement of costs or contractor's
contract values, or similar methods selected by the local authority.
7) 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.
PERMITS - Demolition or Removal or Relocation
7.
1) Every application for a permit to demolish or remove, or relocate a building shall be
in Form B as prescribed by the local authority.
2) Demolition or Removal Fees
a. the fees for a permit to demolish, remove or relocate a building shall be as per
Schedule A.
b. in addition, the applicant shall deposit with the local authority a sum as per
Schedule A to cover the cost of restoring the site after the building has been
demolished or removed to such a condition that it is, in the opinion of the local
authority or its building official, is safe and clean.
i. whereas a building is less than 10 m2 (107.6 ft2) the
deposit will be waived.
ii. if the applicant who demolishes the building
restores the site to a condition satisfactory to the
local authority and/or building official, the sum
deposited, or portion thereof, shall be refunded.
c. all permit fees will be due and collected in full prior to the demo, relocation, or
removal permit being issued.
3) Where building is to be demolished or removed and the local authority and/or its
building official 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 shall upon receipt of the Administration Fee and deposit
prescribed, issue a permit for the demolition, removal or relocation of the building.
4) Where a building is to be relocated from its site and set upon a site in the local
authority, and the local authority and/or its building officials 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 the bylaw, the local authority
shall, upon receipt of the Administration Fee and deposit prescribed, issue a permit
for relocation.
a. in addition, the applicant shall deposit a Performance Bond set out in Schedule A.
i. whereas a building is less than 10m2 (106.7 ft2) the
Performance Bond will be waived.
ii. if the applicant who relocates the building restores
the site to a condition satisfactory to the local
authority and/or authorized representative, the sum
of the Performance Bond, or portion thereof, shall
be refunded.
PERMITS - Refusal to Issue
8.
1) The local authority may refuse to issue a permit if:
a. the proposed work described on the permit application would contravene:
i. the Act;
ii. the regulations;
iii. an order of the appeal board;
iv. a written interpretation of the minister pursuant to
section 8 of the Act; or
v. the local authority's building bylaw.
b. the person who designed or reviewed the design of a proposed building that is
within the scope of Part 9 of the NBC is not a competent person
c. the person who designed or completed a design review of a proposed building that
is within the scope of the NECB is not an architect or engineer;
d. the application for a permit is incomplete;
e. any fees, deposits or bonds required pursuant to the local authority's building
bylaw for the issuance of a permit have not been paid; or
f. the proposed work described on the permit application would contravene any
other Act, regulations or bylaw that applies to the proposed work.
2) Where the local authority refuses to issue a permit pursuant to subsection 1), the
local authority shall:
a. provide written notice to the applicant as to the reason for the local authority's
refusal to issue a permit.
b. refund any service fee or deposit paid as part of the permit application for work
pursuant to the Act, less any fees paid for:
i. administration fee; and
ii. plan review and inspections already invoiced or to
be invoiced to the local authority by the building
official.
PERMITS - Revocation
9.
1) The local authority may revoke a permit issued pursuant to the Act:
a. if the holder of the permit requests in writing that it be revoked;
b. if the permit was issued on mistaken, false, or incorrect information;
c. if the permit was issued on error;
d. subject to subsection 2), if, after 12 months after the permit's issuance, the work
for which permit was issued has not, in the opinion of the local authority's
building official, been seriously commenced and no written agreement for the
delay has been given by the local authority; or
e. subject to subsection 2), if the work for which the permit was issued is, in the
opinion of the local authority's building official, substantially suspended or
discontinued for a period of more than 12 months after the permit's issuance and
no written agreement for the delay has been given by the local authority.
2) If the local authority revokes a permit pursuant to subsection 1), it shall provide
written notice to the permit holder as to the reasons for the revocation.
NOTIFICATION
10. As per Section 7 of the Act.
1) The owner or the owner's representative of a building to be constructed shall ensure
that the local authority is notified of:
a. when excavation is to be commenced;
b. when the foundation is to be placed;
c. when a superstructure is to be placed on the foundation;
d. any other event at the time required by the permit under which work has been
undertaken; and
e. any other specific event at the specified time.
2) Before commencing work at the building site, the owner or the owner's
representative shall give notice to the local authority of:
a. the date on which the owner or the owner's representative intends to commence
the work; and
b. subject to subsection 8), the name, address, and telephone number of:
i. the constructor or other person in charge of the
work;
ii. the designer of the work;
iii. the person or firm that is to review the work to
determine whether or not the construction conforms
to the design; and
iv. any inspection or testing agency that is engaged to
monitor the work.
3) During the course of construction, the owner or the owner's representative shall
give notice to the local authority of:
a. subject to subsection 8), any change in, or termination of, the employment of a
person or firm mentioned in clause 2);
b. the owner or owner's representative intent to do any work that has been ordered
by a building official or local authority to be inspected during construction;
c. the owner or owner's representative intent to enclose work that has been ordered
by a building official or local authority to be inspected before enclosure;
d. subject to subsection 8), any proposed deviation from the plans approved and
permitted by the local authority;
e. subject to subsection 8), any construction undertaken that deviate from the plans
approved and permitted by the local authority; and
f. the completion of work.
4) Subject to subsection 8), the owner or owner's representative of a building under
construction shall give notice to the local authority of:
a. any changes in ownership or change in address of the owner or the owner's
representative that occurs before issuance of the certificate of occupancy as soon
as the change occurs; and
b. the owner or owner's representative intention to occupy a portion of the building
if the building is to be occupied in stages.
5) The owner of a building or the owner's agents, contractors, employees, successors
or assigns 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:
a. structural failure of the building or part of the building;
b. failure of any equipment, device or appliance that is regulated by the Act or the
regulations.
6) A report submitted pursuant to subsection 5) must:
a. contain:
i. the name and address of the owner;
ii. the address or location of the building involved in
the failure;
iii. the name and address of the constructor of the
building; and
iv. the nature of the failure; and
b. be submitted to the local authority within 15 days after the occurrence of the
failure mentioned in clause 5 a) or b).
7) On receipt of the report pursuant to subsection 5), the local authority may require an
owner to do the following:
a. provide any other information that the building official or local authority may
consider necessary;
b. complete any additional work that is necessary to ensure compliance.
8) Notice given pursuant to clause 2) b., 3) a., 3) d., 3) e. or subsection 4) is to be
writing.
ENFORCEMENT OF BYLAW
11. 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 Building Code Regulations for the purpose
of ensuring compliance with this building bylaw.
SPECIAL CONDITIONS
12.
1) An owner or the owner's representative that undertakes to construct or have
constructed a building that is within the scope of Parts 3, 5, 6, and 7, of the NBC
shall have an architect or engineer complete the design or design review of:
a. the building; and
b. all building systems.
2) An owner or the owner's representative that undertakes to construct or have
constructed a building with a structure that is within the scope of Part 4 of the NBC
shall have an architect or engineer complete:
a. the design or design review of the structure;
b. an inspection of construction of the structure to ensure compliance with the
design, and
c. the reviews required by the NBC.
3) An owner or the owner's representative that undertakes to construct or have
constructed a building with a structure within the scope of the NECB shall have an
architect or engineer complete:
a. the design or design review of the structure;
b. the inspection of construction of the structure to ensure compliance with the
design; and
c. the reviews required by the NECB.
4) In addition to the requirements of subsection 1), 2) or 3), the local authority or
building official shall require that an engineer or architect provide:
a. a Commitment for Field Review letter as part of the permit application for work;
and
b. an Assurance of Field Review and Compliance letter, on completion of the work,
providing assurance that the work conforms to the engineer's or architect's
design.
5) An owner or the owner's representative that undertakes to construct or have
constructed a building that is within the scope of Part 9 of the NBC shall ensure that
a competent person has designed or reviewed the design of the building.
6) An owner or the owner's representative shall ensure that copies of any inspection or
review reports made pursuant to this section are made available to a building
official or the local authority on the request of the building official or local
authority, as the case may be.
7) No owner of a building or the owner's representative shall cause or allow the
ground elevations of a building to be changed so as to place in contravention of the
NBC:
a. the building or part of the building; or
b. an adjacent building.
8) 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 owner's representative shall
immediately alter the building to bring it into compliance with the NBC.
PENALTY
13.
1) Any person who contravenes any of the provisions of this bylaw may be subject to
the penalties provided in Part 8 of the Act.
2) Where it is determined that work has commenced for which a permit has not been
issued:
a. a stop work order will be issued until a building permit has been issued by the
local authority; and
b. an additional fee as set out in Schedule A may apply in addition to all permit fees
will be required.
3) Conviction of a person or corporation for breach of any provisions of this building
bylaw shall not relieve the person or corporation from compliance with the Act or
regulations.
EFFECTIVE DATE OF BYLAW
14. This bylaw shall come into force on approval of the Minister
Enactment pursuant to Section 17 of The Construction Codes Act.
15. Read a first time February 14, 2024.
16. Read a second time February 14, 2024.
17. Read a third time February 14, 2024.
____
Reeve
____
Administrator
Schedule A
To Bylaw No. 8-2023
FEES
PERMITS - Construction, Addition, Erection, Placement, Alteration, Repair,
Renovation, Use, Change of Use, Occupancy or Change of Occupancy of a
Building.
The permit fee shall be set as follows (Section 6):
a. Administration Fee - $75.00 or 10% of the service fees as per the building
official, whichever amount is greater; plus
b. Service Fees - as per building official's fee schedule.
PERMITS - Demolition or Removal or Relocation
The permit fee to demolish, remove or relocate a building shall be as follows (Section 7., 2)):
a. Demolition or Removal or Relocation Fee - $50.00; plus
b. Demolition or Removal Deposit - $0.50 per square foot or $500.00, whichever
amount is great; plus
c. Service Fees - as per the building official's fee schedule.
The permit fee to relocate a building onto a site within the local authority shall be as follows
(Section 7., 4)):
a. Administration Fee - $75.00; plus
b. Performance Bond - $2,500.00; plus
c. Service Fees - as per the building official's fee schedule
Additional Enforcement Fees
As per Section 13., 2)
a. Enforcement Fee - $100.00
Form A
To Bylaw No. 8-2023
R.M. of Hazel Dell No.335
APPLICATION FOR A BUILDING PERMIT
Project Information
Legal Land Description:
Lot:
Block:
Plan:
Civic Address: (if applicable)
Work Description
Details of Proposed Work:
Existing Use of Land & Buildings:
Agricultural Residential Commercial
Proposed Use of Land & Buildings
Agricultural Residential
Size of Building:
Building Area (area of largest story):
Length:
Width:
Height:
Square meters/feet:
Estimated Value of Construction (excluding site): $
Applicant
Contact Name:
Mailing Address:
Town/City:
Province:
Postal Code:
Phone Number:
Email:
Owner (if different than Applicant)
Contact Name:
Mailing Address:
Town/City:
Province:
Postal Code:
Phone Number:
Email:
Contractor
Contact Name:
Mailing Address:
Town/City:
Province:
Postal Code:
Phone Number:
Email:
Documents to be attached to the application:
1) Residential Mechanical Ventilation Record (attached) - To be filled out by the
mechanical contractor, (if applicable).
2) Site Plan - Showing lot and building dimensions and distance to property lines.
3) Structural Drawings - Building elevations, floor plans, sections, foundation plans.
Hand Drawings are not acceptable for new houses and additions.
Bylaw No. 8-2023: Building Permit fees are non-refundable
I hereby accept to comply with the Building Bylaw of the local authority and acknowledge that it is my
responsibility to ensure compliance with the Building Bylaw of the local authority and with any other
applicable bylaws, acts and regulations regardless of any plan review or inspections that may or may not
be carried out by local authority or its building official.
Date
Signature of Applicant
Box 87, Okla, Saskatchewan S0A 2X0 *Ph: 306-325-4315*Fax: 306-325-4314*Email: [email protected]
Form B
To Bylaw No. 8-2023
R.M. of Hazel Dell No.335
APPLICATION FOR A PERMIT TO DEMOLISH, REMOVE OR
RELOCATE A BUILDING
Applicant Name:
Mailing Address:
Phone:
Email:
Demolition or removal: I hereby make application for a permit to demolish or remove a building now
situated on
Civic Address or Location:
Lot:
Block:
Plan:
The demolition or removal will commence on
, 20
and will be completed on
, 20
The site work (filling, final grading, landscaping, etc.) which will be done after removal of the building
includes:
Relocation: I hereby make application for permit to move a building now situated on
Civic Address or Location:
Lot:
Block:
Plan:
To Civic Address or Location:
Lot:
Block:
Plan:
Or Out of the Municipality:
The building has the following dimensions:
Length:
Width:
Height:
The building mover will be
, 20
The moving date will be
, 20
The building will be moved by the following route:
I hereby agree to comply with the Building Bylaw of the local authority and to be responsible and pay for any
damage done to any property as a result of the demolition or moving of the said buildings, and to deposit such sum
as may be required by the Building Bylaw. I acknowledge that it is my responsibility to ensure compliance with any
other applicable bylaws, acts and regulations, and to obtain all required permits and approvals prior to demolishing
or moving the building.
Date
Signature of Applicant or Applicant's Agent
Box 87, Okla, Saskatchewan S0A 2X0 *Ph:306-325-4315*Fax306-325-4314*Email: [email protected]