Rural Municipality of Lajord No. 128, Saskatchewan
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BYLAW 2022-11
Rural Municipality of Lajord No. 128
A BYLAW RESPECTING BUILDINGS
The Council of the Rural Municipality of Lajord No. 128 in the Province of Saskatchewan enacts
as follows:
SHORT TITLE
1
(1)
This bylaw may be cited as the Building Bylaw.
PURPOSE OF THE BUILDING BYLAW
2
(1)
The purpose of this building 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 the local authority.
INTERPRETATION/LEGISLATION
3
(1)
Notwithstanding the definitions prescribed in this section for the purpose of
administration and enforcement of this building bylaws, definitions contained in The
Construction Codes Act, The Building Code Regulations and The Energy Code
Regulations, shall apply in this building bylaw.
(2)
"Act" means The Construction Codes Act.
(3)
"building official" means a person who holds a building official licence and appointed
by the local authority to provide building official services.
(4)
"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 a proposed work.
(5)
"farm building" means, subject to the regulations, a building that:
(a) does not contain a residential occupancy;
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(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 of housing livestock;
(ii)
the production, storage or processing of primary agricultural and
horticultural crops and
feeds;
(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 Lajord No. 128 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.
(8)
"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 Energy Code Regulations.
(9)
"occupancy certificate" means a certificate issued with respect to the approved use
or occupancy of a building.
(10) "owner" means:
(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;
(b) any person, firm, or corporation that controls the property under consideration;
or
(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, corporation, 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.
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(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 standards of construction.
(15) "regulations" means The Building Code Regulations and The Energy Code
Regulations.
(16) "SAMA fee" means a fee charged to the local authority by the Saskatchewan
Assessment Management Agency with respect to the work.
(17) "service provider" means the company providing building official services to the local
authority.
(18) "standards of construction" in this building bylaw means the Act, the regulations,
The National Building Code of Canada, The National Energy Code of Canada for
Buildings, ministerial interpretations pursuant to section 8 of the Act and
Saskatchewan Construction Standards Appeal Board orders, interpretations and
orders of building officials within the local authority and any related bylaws adopted
by 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 design, construction, addition, erection, placement, alteration,
repair, renovation, 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.
(4)
An accessory building not greater than 10 m2 (107.6 ft2) is exempt from this building
bylaw provided it does not create a hazard and provided it does not have sleeping
accommodations.
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(5)
Decks under 600 mm (2 ft) in differential grade height on lands for residential use are
deemed as patios 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:
(a) an administration fee of $50 for the processing, handling and issuance of a
permit;
(b) the service fee charged to the local authority by a building official engaged to
review, inspect and enforce the standards of construction as per the agreement
between the local authority and building official and as described in the service
provider agreement;
(d) the SAMA fee; and
(e) all applicable taxes.
(2)
The owner or the owner's representative may be invoiced by the local authority for
additional fees as described in the service provider agreement as determined by the
local authority or service provider.
(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, of
$1,000. The local authority shall hold the refundable deposit until, in the opinion of
the local authority or the building official, the conditions are not dangerous to public
safety.
(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.
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(8)
The permit fee and additional fees are the amounts due and are 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 or service was carried out.
(9)
If amounts due are not paid within 30 days of the date the local authority notifies the
owner or owner's representative of the amount due, the local authority may add the
amount due to the owner's property taxes, as per the Act.
(10) 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
6
(1)
The duties of the owner or the owner's representative as applicable, includes but not
limited to:
(a) ensuring that the building and work is in accordance with the standards of
construction;
(b) not commencing or cause to be commenced work without first having obtained a
valid permit from the local authority;
(c) complying with the terms and conditions of the permit;
(d) complying with the terms and conditions of the plan review;
(e) ensuring all notifications required by this building bylaw are given to the local
authority;
(f) ensuring all inspections are scheduled and completed by the building official;
(g) not enclosing prior to inspection, the work that requires inspection by a building
official;
(h) paying all cost associated with showing compliance with the construction code;
(i) 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;
(j) obtaining prior written approval from the local authority before closing or
blocking any road, street, lane, or sidewalk;
(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;
(l) fill and level any excavation on the property with clean non-expansive fill, to an
elevation compatible with abutting properties; and
(m) ensuring that the property is left in a safe and sanitary condition, including
removing all rubbish and building materials to an approved location. For greater
clarity, this includes not burying on the site any waste material, including
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concrete from demolition of a basement or foundation, or below ground level
substructures or framework.
(n) arranging for all permits, inspections and certifications required by any other
applicable bylaws, Acts and the regulations, and ensuring all copies of any
inspection or review reports conducted by others are made available to the
building official or local authority;
(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
on the form provided by the local authority that the building satisfies the definition of
farm building in this building 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. An architect or engineer will be required to design such
structures.
(3)
The granting of any permit by this building 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 Act, the regulations or
bylaw affecting the site described in the permit; or
(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.
(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 one set of
plans and specifications in electronic format (PDF) of the proposed building and work.
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(2)
The owner or owner's representative consents to the use of email for
communications.
(3)
Whenever 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 an architect or engineer.
(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
situated.
(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.
(6)
The local authority shall issue a permit if:
(a) All permit fees, deposits and any applicable taxes have been paid; and
(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 standards of construction.
PERMITS - REFUSAL TO ISSUE AND REVOCATION
9 (1) The local authority may refuse to issue a permit if:
(a) the proposed work would contravene the standards of construction;
(b) the person who designed or reviewed the design of the proposed works 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 the proposed works
that is within the scope of the NECB is not an engineer or architect;
(d) the application for a permit is incomplete;
(e) any fee, or deposit required by the local authority are not paid; or
(f) the proposed work would contravene any other Act, the regulations or bylaws
that applied to the proposed work.
(2) The local authority may revoke a permit if:
(a) the holder of the permit requests in writing that it be revoked and the work has
not commenced;
(b) there is contravention of any condition under which the permit was issued;
(c) the permit was issued on mistake, false or incorrect information; or
(d) the permit was issued in error; or
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(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)
All permits shall expire on the date stated in the permit, or if no date is stated, the
earliest of the following:
(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:
(a) to extend the term of the permit. The local authority may extend the permit to a
maximum of 24 months; or
(b) vary the conditions of the permit.
(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 standards of
construction.
(2)
Failure to obtain a permit or follow the terms of the permit, including ensuring that
all 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 Land Titles Registry if a building official's order was not adhered to, in
accordance with section 20 of the Act.
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NOTIFICATION
12 (1)
Before commencing work, the owner or owner's representative shall give notice to
the local authority, in writing, of:
(a) the contractor or other person in charge of the work;
(b) the designer of the work;
(c) the person or firm reviewing the work to determine whether or not the work
conforms to the design;
(d) any inspection or testing agency that is engaged to monitor the work;
(e) the date the work is intended to commence;
(f) when the excavation is to be commence;
(2)
The owner or owner's representative must call for all inspections set out by the
building official in the plan review.
(3)
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.
(4)
During the course of the work, the owner or owner's representative shall give notice
to the local authority in writing of any:
(a) change in, or termination of, the employment of a person or firm listed in
subsection (1);
(b) intent to do any work requiring inspections by the building official;
(c) intent to enclose any work requiring inspection by a building official;
(d) proposed or undertaken deviations from the plans approved and permitted by
the local authority;
(e) the completion of the work;
(f) change in ownership, or change in address of the owner or the owner's
representative that occurs before the completion as soon as the change occurs;
and
(g) intention to occupy the building or portions of the building prior to the issuance
of occupancy.
(5)
A real property report of the site prepared by a registered land surveyor shall 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
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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.
(2)
The report must be submitted to the local authority within 15 days after the
occurrence of the failure. The report must contain:
(a) the name and address of the owner;
(b) the address or location of the building involved in the failure;
(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:
(a) provide other information that the building official or local authority may
consider necessary;
(b) complete any additional work that is necessary to ensure immediate compliance.
ENFORCEMENT OF STANDARDS OF CONSTRUCTION
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.
(2)
If any work to a building or part thereof or addition thereto is in contravention of any
provision of the standards of construction, the local authority may take any measures
as permitted by the Act for the purpose of ensuring compliance, 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) ordering actions to be completed 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.
(3)
If any building or part thereof or addition thereto is in an unsafe condition due to
faulty work, dilapidated state, abandonment, open or unguarded condition or any
other reason, the local authority may take any measures allowed by the Act.
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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 engineer:
(a) complete the design or design review and inspection of the building and all
buildings systems;
(b) provide a Commitment of Field Review letter as part of the permit application for
work; and
(c) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(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 engineer:
(a) complete the design or design review of the structure;
(b) complete an inspection of construction of the structure to ensure compliance
with the design;
(c) complete the reviews required by the NBC;
(d) provide a Commitment of Field Review letter as part of the permit application for
work; and
(e) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(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:
(a) 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 engineer:
(a) complete the design or design review of the structure;
(b) complete an inspection of construction of the structure to ensure compliance
with the design;
(c) complete the reviews required by the NECB;
(d) provide a Commitment of Field Review letter as part of the permit application for
work; and
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(e) provide an Assurance of Field Review and Completion letter, on completion of
the work, providing assurance that the work conforms to the architect's or
engineer's design and the standards of construction.
(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
building to be changed so as to place in contravention of the NBC. This includes the
building or part of the building, or 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 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 standards of
construction.
REPEAL OF PREVIOUS BUILDING BYLAW
17 (1)
On enactment of this building bylaw, all previous building bylaws, including building
bylaw amendments, are repealed.
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Originally Signed By
Reeve
[SEAL]
Originally Signed By
Administrator
Certified a true copy of Bylaw 2022-11
adopted by resolution on the
13th day of December, 2022.
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FORM A to Bylaw No. 2202-11
RURAL MUNICIPALITY OF LAJORD NO. 128
APPLICATION FOR BUILDING PERMIT
Permit Number: _______________________________________________________________________
Intended Use of Building: _______________________________________________________________
Legal Description: ______________________________________________________________________
Owner Name: _________________________________________________________________________
Address: ___________________________________
Telephone: _______________________
Building Contractor: ____________________________________________________________________
Address: ___________________________________
Telephone: _______________________
Floor Area:
Ground Floor:
_________________
Second Floor:
_________________
Basement:
___________________
Garage: ___________________
Accessory/Other: ___________________
Building
Estimated Value of Construction: __________________________________________________
Length: ___________________
Width: ___________________
Height: ___________________
__________ I have submitted a site plan indicating the location of all property lines, all existing and
proposed buildings, the distances between all property lines and the closest wall of the nearest
building, the location of all existing and proposed roads and a north arrow to establish orientation of
the site plan.
__________ I hereby agree to comply with the Building Bylaw of the municipality and acknowledge that
it is my responsibility to ensure compliance with the Building Bylaw of the municipality 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 the municipality or its authorized representative.
__________ It is expressly understood that the municipality requires building inspections to be called for
at various stages of construction, as outlined in the building bylaw, and that it is my responsibility to
contact the municipal building inspector to ensure that building inspections are carried out at the
required intervals. Failure to notify the municipal building inspector at the required intervals of
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construction may result in forfeiture of the occupancy deposit, in part or in whole, additional inspection
fees, the issuance of a stop work order, and/or other action outlined in the municipal building bylaw.
__________ I understand that this permit expires six months from the date of issue if work I s not
commenced within that period or, two years from the date on which the permit was issued; and any
deviation, omission or revision to the approved application required approval of Council, or its
authorized representative.
__________ I understand that additional inspection fees may be charged for extra inspections, non-
scheduled inspections and re-inspections.
____________________
____________________
____________________
Date of Application
Owner or Authorized
Owner/Agent (Signature)
Agent (Print)
This Building Permit is Approved subject to the following conditions:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________________
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FORM B to Bylaw 2022-11
RURAL MUNICIPALITY OF LAJORD NO. 128
BUILDING PERMIT# _______________
Permission is hereby granted to
to
a building to be used as a
on civic address or location
Lot
Block
Plan
in accordance with the
application dated
. This permit expires six months from the date of issue if
work is not commenced within that period or if work is suspended for a period of six months, unless otherwise
authorized by the municipality or its authorized representative.
The permit is being issued under The Construction Codes Act, and Building Bylaw 2022-11.
This permit is issued subject to the following conditions:
The owner is responsible for ensuring that all work is in compliance with the Act, Regulations, NBC, NECB, and
building bylaw.
The permit holder must call for inspections as required by the plan review issued by Professional Building
Inspections.
The permit holder must allow a building official onto the property at any reasonable hour to conduct inspections.
Any deviation, omission or revision to the approved application requires approval of the municipality or its
authorized representative.
Estimated value of construction $ ____________________
Permit fee $ ____________________
Date
Signature of Authorized Representative
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FORM C to Bylaw 2022-11
RURAL MUNICIPALITY OF LAJORD NO. 128
APPLICATION FOR A PERMIT TO DEMOLISH OR MOVE A BUILDING
I hereby make application for a permit to demolish a building now situated on
Civic address or location
Lot
Block
Plan
The demolition will commence on
, 20
.
and will be completed on
, 20
.
OR
I hereby make application for a 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
and the date of the move will be
, 20
.
The building will be moved over the following route:
The site work (filling, final grading, landscaping, etc.) which will be done after removal of the building includes
I hereby agree to comply with the Building Bylaw of the municipality and to be responsible and pay for any
damage done to any property as a result of the demolition or moving of the said building, and to deposit such
sum as may be required by Section 6(1)(b) of 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 Owner or Owner's Agent
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FORM D to Bylaw 2022-02
RURAL MUNICIPALITY OF LAJORD NO. 128
DEMOLITION OR MOVING PERMIT# _____________
Permission is hereby granted to
to
Demolish
OR
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
in accordance with the application dated
, 20
. This permit expires six
months from the date of issue.
This permit is issued subject to the following conditions:
Any deviation, omission or revision to the approved application requires approval of the municipality or its
authorized representative.
Permit fee $
Deposit fee $
Date
Signature of Authorized