Rural Municipality of Livingston No. 331, Saskatchewan
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M-11 (a)
RM OF LIVINGSTON NO. 331
BYLAW NO. 2023-01
A BYLAW RESPECTING BUILDINGS
cil of the RM of Livingston No. 331 in the Province of Saskatchewan enacts as
SHOR1TITLE
1.
ThJ bylaw may be cited as the Building Bylaw
PURPOSE OF THE BUILDING BYLAW
2. The! purpose of this bylaw is to provide for the administration and enforcement of the
Acti the regulations, the National Building Code of Canada, the National Energy
. Co
of Canada for Buildings, ministerial interpretations and Saskatchewan
Co truction Standards Appeal Board orders and building official orders within the
loc
I authority.
INTERPRETATION/LEGISLATION
3. DeJnitions contained in The Construction Codes Act, The Building Code
ReJLlations and The Energy Code Regulations shall apply in this building bylaw.
(1) ll"Act" means The Construction Codes Act.
(2) !l"accessory building or use" means a building, structure or use of a specific site
which is subordinate and exclusively devoted to the principal building, principal
structure, or principal use of the same site.
(3) ll"building official" means a person who holds a building official license.
(4) l!"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.
(5) l"farm building" means subject to the regulations a building
a. that does not contain a residential occupancy;
b. is located on agricultural land and used for agricultural operation as
defined in The Agricultural Operations Act;
c. and is used for the following purposes:
i. the housing of livestock;
1i. the production, storage or processing of primary agricultural and
horticultural crops or feeds;
111. the housing, storage or maintenance of equipment or machinery
associated with an agricultural operation;
1v. any other prescribed purpose.
(6) lr'local authority" means the Rural Municipality of Livingston No. 331 to which
his Building Bylaw Applies.
(7) lr'municipal official" means the Administrator of the Rural Municipality of
ivingston No. 331 or their designate.
~~~
M-11 (a) (8) ll"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.
(9) ll"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.
( 10) ll"Occupancy Certificate" means a certificate issued with respect to the approved
use or occupancy of a building.
(11) ll"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.
( 12) ll"owner' s representative" means any person, company, employee or contractor
who has authority to act on behalf of an owner.
(13) ll"permit" means written authorization issued by the local authority or its building
official in the form of a building permit.
(14)ll"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 the regulations.
( 15) ll"SAMA Fee" means a fee charged to the local authority by the Saskatchewan
Assessment Management Agency with respect to the work.
(16)11 "regulations" means The Building Code Regulations and The Energy Code
Regulations.
(
(17) ll"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 systems, labour and overhead, and profit of
the contractor and subcontractors.
(18) II "work" means any construction, addition, erection, placement, alteration, repair,
renovation, demolition, relocation, removal, use, occupancy or change of
occupancy of a building.
SCOPEi OF THE BYLAW
4. Thi. building bylaw applies to all work undertaken or to be undertaken within the
geo] aphical jurisdiction of the local authority.
L
5.
(1) lilt 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
adopted by the local authority with which the building is associated.
~~
M-11 (a) (2) II t 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.
(3) IIA building or part of a building for which a permit has been granted shall not be
occupied before the issuance of an occupancy certificate by the local authority or
the building official pursuant to clause 16(11 )(h) of the Act.
(4) IIA permit issued pursuant to this building bylaw must 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
described in the permit is located;
(f) the buildings or portion of the buildings to which the permit applies;
(g) the date of completion of the stages of construction for which a permit
holder must inform the local authority;
(h) any conditions that the permit holder is required to comply with; and
(i) any information required by this building bylaw and/or the local authority.
(5) IINo person, or company to whom a permit is issued pursuant to the Act shall fail
to comply with the terms and conditions of the permit.
(6) [Work must not commence before a permit is issued.
(7) IIAll permits issued pursuant to this bylaw expire within
( a) twenty-four (24) months from date of issue;
(b) twelve ( 12) months from the date of issue if work is not seriously
commenced within that period;
(8)
~JR~
(c) if work is suspended for a period exceeding twelve (12) months from the
date the local authority provided written permission for the suspension of
work, or
iC 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.
here a permit is to expire prior to completion date:
:Ca) The permit holder may before the expiration date, submit a written request
for an extension of time for which the permit is valid to the local authority
(i) including the reasons for the extension of time request, and
(ii) any additional information that may be required by the local authority.
b) 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.
M-11 (a)
(c) 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.
( d) The local authority may revoke, extend or vary the conditions of a permit on
the written application of the permit holder and may be subject to any
conditions or fees listed in the building bylaw.
(9) IIBuildings with a building area not more than 10 m2 (107.6 ft2) in building area
are exempt from this bylaw provided it does not create a hazard.
(l0)jjAny fence, wall, or gate 1.83 m (6 ft) and under is exempt from this bylaw.
(1 l)IIFarm buildings located on agricultural land are exempt from this bylaw.
Residential occupancies located on agricultural land are not exempt from this
bylaw and shall comply with the Act, the regulations and this building bylaw ..
PERMl!1fS - Construction, Addition, Erection, Placement, Alteration, Repair,
Renova~ion, or Change of Use of Occupanc
Ii
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 of the proposed building,
except when authorized by the building official 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.
(3) [Permit applications will be reviewed by the municipal official for accuracy and
completion. The permit application shall be reviewed and approved by the
building official including plan 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 the 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 the owner's representative with the permit.
(5) [The building permit fee shall be calculated on the sum of the fees outlined in the
Fees Bylaw.
(a) The Administration Fee as outlined in The Fees Bylaw is non-refundable.
#,i ~
(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 and
enforcement in accordance with the Fees Bylaw and the agreement
between the provider of building official services and the local
authority;
(ii) if a deposit is collected it shall, on request by the owner or owner's
representative, be refundable on satisfactory completion of the work or
on approval of use or occupancy of the building by the local authority
or the building official.
(c) The owner or the owner's representative will be notified by the local
authority of the required inspections and is responsible to ensure all
inspections are scheduled and completed. Additional inspection fees and
M-11 (a)
7.
payment of the inspection fees will be due on receipt of 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 satisfactorily
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) JJThe local authority or the building official may estimate the value of
construction for the work described in an application for building permit, for the
purpose of calculating a permit fee, based on established current construction
costs, owner's statement of costs or constructor's contract values, or similar
methods selected by the local authority or the building official.
(7) JJThe 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.
PERMI!if S - Demolition or Removal or Relocation
(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) IIDemolition or Removal Fees
~v! ~
(a) The fee for a permit to demolish or remove a building shall be as per the
Fees Bylaw.
(b) In addition, the applicant shall deposit with the local authority a sum as per
the Fees Bylaw to cover the cost ofrestoring 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, not dangerous to public safety.
(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 the building official,
the sum deposited, or portion thereof, shall be returned.
(c) All permit fees will be due and collected in full prior to the demolition,
removal or relocation permit being issued.
(3) [Where a 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,
lthe local authority, upon receipt of the Administration Fee and deposit
rescribed, shall issue a permit for the demolition or removal.
M-11 (a)
(4) IIWhere 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 official is satisfied that there
are no debts or taxes in arrears or taxes outstanding with respect to the building
ior 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
building official, will conform with the requirements of this bylaw, the local
authority, upon receipt of the Administration Fee and deposit prescribed, shall
issue a permit for the relocation.
(a) In addition, the applicant shall deposit a Performance Bond as set out in the
Fees Bylaw.
(i) Whereas a building is less than 10 m2 (107 .6 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 building official, the
sum of the Performance Bond, or portion thereof, shall be refunded.
PERMU!fS - REFUSAL TO ISSUE
8.
(1) IIThe 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
[ocal authority shall:
l(a) provide written notice to the applicant as to the reasons 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
~~
M-11 (a)
(ii) plan review and inspections already invoiced or to be invoiced to the
local authority by the building official.
PERMifrS - REVOCATION
9.
(1) IIThe 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 in error;
(d) subject to subsection (2), if, after 12 months after the permit's issuance, the
work for which the 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) [lf 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
r
10. As jer section 7 of the Act.
( 1) IIThe owner or the owner's representative of a building to be constructed shall
ensure that the local authority is notified of:
t~ w
(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 specified event at the specified time.
(2) IIBefore commencing work at a 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.
M-11 (a) (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 );
(b) the owner's 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's 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 deviates from the
plans approved and permitted by the local authority; and
(f) the completion of work.
(4) [Subject to subsection (8), the owner or the owner's representative of a building
under construction shall give notice to the local authority of:
(a) any change in ownership or change in address of the owner or the owner's
representative that occurs before the issuance of the occupancy certificate to
occupy as soon as the change occurs; and
(b) the owner's or owner's representative intention to occupy a portion of the
building if the building is to be occupied in stages.
(5) IIThe owner of a building or the owner's representative, 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) IIA 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) IJOn receipt of the report pursuant to subsection (5), the local authority may
equire an owner to do the following:
l(a) provide any other information that the building official or local authority
may consider necessary;
Kb) complete any additional work that is necessary to ensure compliance.
M-11 (a)
(8) IINotice given pursuant to clause (2)(b), (3)(a), (3)(d), (3)(e) or subsection (4) is
to be in writing.
ENFOQ.!CEMEMENT OF BYLAW
11. Th~[local authority or the building official may take any measures as permitted by
sec,on 24, 25 or 26 of the Act and sections 13 and 14 of The Building Code
Re]tations for the purpose of ensuring compliance with this building bylaw.
SPECI L CONDITIONS
12.
(1) II 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 engineer complete the design or design review of:
(a) the building; and
(b) all building systems.
(2) IIAn 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) IIAn 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) II 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) IIAn 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) IIAn 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.
~U- ~
M-11 (a) (7) I No owner of a building or an owner's representative shall cause or allow the
ound elevations of a building to be changed so as to place in contravention of
he NBC:
:(a) the building or part of the building; or
(8)
i(b) an adjacent building.
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 or the owner's
epresentative shall immediately alter the building or part of the building to
ring it into compliance with the NBC.
13.
(1)
(2)
ny person who contravenes any of the provisions of this bylaw may be subject
Ito the penalties provided in Part 8 of the Act.
!Where it is determined that work has commenced for which a permit has not
een 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 The Fees Bylaw, in addition to all permit fees
will be required.
(3) !!Conviction of a person or corporation for breach of any provision of this
!building bylaw shall not relieve the person or corporation from compliance with
the Act or regulations.
EFFECfIVE DATE OF BYLAW
14. ThJ bylaw shall come into force on approval of the Minister.
Enactmen] pursuant to Section 17 of The Construction Codes Act.
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All readings: November 15, 2023
(
APPROVED
In accordance with ClauseJ 7(6)(A) ol
The Construction CocV:Js Act
Building and Technical Standards
3::'.:emment Relations
~
b J@2 =i
Date
Form A
to Bylaw No. fo23-0l
M-11 (a)
APPLICATION FOR A BUILDING PERMIT
I hereby makejapplication for a permit to
construct
alter
a building according to
reconstruct
the informatio~ below and to the plans and documents attached to this application.
D
Proiect !~formation
Legal Land Description
Lot
Block
I Plan
All/Part of he
¼, Section
, Township
, Range
W2
Civic Addr~ss (if applicable):
I
II
Work Description
Details of 1toposed work:
Existing U1b of Land & Buildings: (circle one)
Proposed Use of Land & Buildings: (circle one)
Agricultural
Residential
Commercial
Agriculi hral
Residential
Commercial
Size of Building
Building Area (area of largest storev)
Length
Width
Height
square metres/feet
Estimated t
alue of Construction (excluding site):$
Applica~~
Contact Na~e:
Mailing A1tess
I Town/City
I Province
I Postal Code
Phone Nu,ber(s)
Email Address
Owner (i, different than Applicant)
Contact Na~e:
Mailing A1tess
I Town/City
I Province
I Postal Code
Phone Nurr lber(s)
Email Address
Contrac1 [)r
Contact Na ne:
Mailing Ac jress
I Town/City
I Province
I Postal Code
Phone Nun ber(s)
Email Address
ts to lbe attached to the application:
tesi1 ential Mechanical Ventilation Record (attached) - To be filled out by the mechanical contractor. (if
ppli ,able).
,ite Ian - Showing lot and building dimensions and distances to property lines.
.true ural Drawings - Building elevations, floor plans, sections, foundation plans.
'Ha: d drawinzs are not acceotable for new houses and additions.
. -
- ·--·
- -
- -
-
-
-
I nereny agrle to comply witn me tsundmg Bylaw or me 10ca1 autnority and acknowledge mat It 1s my
responsibilit to ensure compliance with the Building Bylaw of the local authority and with any other applicable
bylaws, acts nd regulations regardless of any plan review or inspections that may or may not be carried out
by the local a~thority or its building official.
Date
II
Signature of Applicant
♦ Box 4P, Arran, SK, S0A 0B0 ♦ Ph: 306-595-4521 ♦ Fax: 306-595-4531 ♦ Email: rm33 [email protected]
www.rm33 l .ca
FormB
To Bylaw No. 2023-
M-11 (a)
Af
PLICATION FOR A PERMIT TO DEMOLISH OR
MOVE A BUILDING
Applicant Nare:
Phone:
_
---------------
maumg A.00,rSS:
r-osun v.oue:
E-mail Add'T'
CeU Phone,
DEMOLITIJN, I hereby make application for a permit to demolish a building now situated on
Civic address or location
Lot
Block
Plan
The demolitio ~ will commence on
,20 __
and will be co npleted on
,20 __
The site work filling, final grading, landscaping, etc.) which will be done after removal of the building
includes
BUILDING~ JOVE: 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
O,
Out l
the municipality
The building
s the following dimensions: length
width
height
The building I over will be
and the date o the move will be
,20 __
.
The building ill be moved over the following route:
I hereby agre to comply with the Building Bylaw of the local authority and to be responsible and p:
damage done o any property as a result of the demolition or moving of the said building, and to dej
sum as may
required by the Building Bylaw. I acknowledge that it my responsibility to ensure c<
with any oth
1 applicable bylaws, acts and regulations, and to obtain all required permits and appro
to demolishin or moving the building.
Date
Signature of Applicant or Applicant's Agent
♦ Box4 , Arran, SK, S0A 0B0 ♦ Ph: 306-595-4521 ♦ Fax: 306-595-4531 ♦ Email: rm33 l@sasktel
www.rm33l.ca
y for any
osit such
mpliance
vals prior
.net