Building Bylaw (Bylaw No. 1/22) — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 09e5e2ff79b1 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## RURAL MUNICIPALITY OF PONASS LAKE NO. 367 BYLAW NO 1/22 ## A BYLAW RESPECTING BUILDINGS The Council of the Rural Municipality of Ponass Lake in the Province of Saskatchewan enacts as follows: ## SHORT TITLE This bylaw may be cited as the Building Bylaw. ## PURPOSE OF THE BUILDING BYLAW - 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 the local authority. ## INTERPRETATION/LEGISLATION - Definitions contained in The Construction Codes Act, The Building Code Regulations and The Energy Code Regulations shall apply in this building bylaw. "Act" means The Construction Codes Act. "building official" means a person who holds a building official licence. "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 building. "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 "local authority" means the Rural Municipality of Ponass Lake No. 367. "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. 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 "occupancy certificate" means a certificate issued with respect to the approved use or occupancy of a building. "owner" means: - 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 "owner's representative" means any person, company, employee or contractor who has authority to act on behalf of an owner. "permit" means written authorization issued by the local authority or its building official in the form of a building permit.  "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. "regulations" means The Building Code Regulations and The Energy Code Regulations. "SAMA fee" means a fee charged to the local authority by the Saskatchewan Assessment Management Agency with respect to the work. "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. "work" means any construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of a building. ## SCOPE OF THE BYLAW - This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority. ## GENERAL - 5(1) 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, the regulations, any associated codes, interpretations and orders and any bylaws adopted by the local authority with which the building is located. - (2) As per Clause 6(2)(c) of the Act, the construction standards do not apply to a farm building. - 13) 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. - (4) A 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. - (5) The provisions of this building bylaw apply to all buildings except as otherwise exempted by the Act or the regulations. ## BUILDING PERMIT - ISSUANCE - 6(1) Every application for a permit for work shall be on the form provided by the local authority, and shall be accompanied by a minimum of two sets of plans and specifications of the proposed building and work. - (2) Every permit application shall be reviewed and approved by the building official prior to construction. - (3) 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 shall, on receipt of the required fee, issue a permit on the form provided by the local authority. In addition, one set of the approved plans and specifications will be returned to the owner or the owner's representative with the permit. - (4) A 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) a statement of all 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 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. - (5) No 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) The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building shall be based on the following conditions: - (a) a permit administration fee of $50.00 will accompany the application for the handling, processip and issuance of a building permit; plus Mp=  M-11 (a) - (b) the service fees for plan review, field inspection of construction and enforcement services are invoiced as revenue neutral once the invoice is received from the inspector; - (c) the fees charged by the Saskatchewan Assessment Management Agency. - (8) If a deposit is collected it shall, on request by the owner or owner's representative, be refundable on satisfactory completion of the work by the local authority or the building official. - All permit fees and deposits will be collected before the permit is issued and subject to any applicable taxes. - (10) The local authority or the building official may establish the value of construction for the work described in an application for a permit, for the purpose of calculating a permit fee, based on established current value of construction, the owner's or the owner's representative statement of costs or constructor's contract values, or similar methods selected by the local authority or the building official. - (11) It is the responsibility of the owner or the owner's representative to ensure that 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 and removal of completed work. - (12) The owner or the owner's representative will be invoiced by the local authority for additional inspection fees and payment of the inspection fees will be due on receipt of an invoice. 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. - (13) The local authority may, at its discretion, rebate a portion of a permit fee or deposit where work is reduced in scope or discontinued, or where other exceptional circumstances occur. ## DEMOLITION OR REMOVAL PERMIT - ISSUANCE - 7(1) The permit fee to demolish or remove a building shall be based on the following conditions: - (a) a permit administration fee of $50.00 will accompany the application for the handling, processing and issuance of a permit to move or demolish a building; plus - (b) the applicant shall deposit with the local authority the sum of $2,000.00 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. - (c) 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, or portion thereof, shall be refunded. - Every application for a permit to demolish or remove a building shall be in Appendix "B" provided by - 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 in a form provided by the local authority. ## 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; - 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 - the proposed 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: 2. provide written notice to the applicant as to the reasons for the local authority's refusal to issue a permit; and 3. refund any fee or deposit paid as part of the permit application for work pursuant to the Act, less any fees paid for: 4. (i) plan review; and 5. (i) permit application or administration. ## 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; - if the permit was issued in error; - subject to subsection (2), if, after 6 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 - subject to subjection (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 6 months after the permit's issuance and no written agreement for the delay has been given by the - (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. ## PERMITS - EXPIRY - The expiry of a permit does not relieve the owner or the owner's representative from the obligation to complete the work approved in the permit. - (2) All permits issued pursuant to this building bylaw shall expire on the date stated in the permit, or if no - (a) twenty-four months from date of issue; - (b) six months from date of issue if work is not commenced within that period; - (c) on the date specified by the local authority if work has not seriously commenced and is suspended for a period of six 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. - (3) An owner or the owner's representative that does not complete all the work listed on a permit before the permit expires shall apply to the local authority that issued the permit to do one of the following: - (a) revoke the permit; - (b) extend the term of the permit; - (c) vary the condition of the permit. - (4) The local authority may revoke, extend or vary the conditions of a permit on written application of the permit holder and subject to any condition or fees listed in the bylaw. ## ENFORCEMENT - 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. ## NOTIFICATION 12(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 specified event at the specified time.  - (2) Before commencing work at a building site, the owner or the owner's representative shall give notice to the local authority of: 2. (a) the date on which the owner or the owner's representative intends to commence the work; and 3. (b) subject to subsection (8), the name, address and telephone number of: 4. (i) the constructor or other person in charge of the work; 5. (ii) the designer of the work; 6. (iii) the person or firm that is to review the work to determine whether or not the construction conforms to the design; and 7. (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: 9. (a) subject to subsection (8), any change in, or termination of, the employment of a person or firm mentioned in clause (2) (b); 10. 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; 11. 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; 12. (d) subject to subsection (8), any proposed deviation from the plans approved and permitted by the local authority; 13. (e) subject to subsection (8), any construction undertaken that deviates from the plans approved and permitted by the local authority; and 14. the completion of work. (f) - 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: 16. (a) any change in ownership or change in address of the owner or the owner's representative that occurs before the issuance of an occupancy certificate as soon as the change occurs; and 17. 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) 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: 19. (a) structural failure of the building or part of the building; 20. (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: 22. (a) contain: 23. (i) the name and address of the owner; 24. (ii) the address or location of the building involved in the failure; 25. (iii) the name and address of the constructor of the building; and 26. (iv) the nature of the failure; and 27. (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: 29. (a) provide any other information that the building official or local authority may consider necessary; 30. (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 in writing. ## SPECIAL CONDITIONS - 13(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.  M-11 (a) Reex Nata hwast Administrator Ree Cutta hwest Administrat SALITY OF POMA SEAL QURA pain APPROVED accordance with Clause 17(6)(A) of The Construction Codes Act mone Building and Technical Standards Ministry of Government Relations Lekrasyl,2023  M-11 (a) ## Appendix "A" - Bylaw 1/22-Building Bylaw BUILDING PERMIT APPLICATION Municipality: Rural Municipality of Ponass Lake No. 367 ## Building Permit Application under The Construction Codes Act Applicant Information (permit applicant can be an agent of the owner) company name if applicable Company Primary Contact primary contact for project Address for correspondence purposes Phone and Email ## Permit Information Project Location Project Description primary contact primary contaci civic address or legai description written cescription of croject Project type (check one) Attached Building Area and Height Value of Construction For Office Use Only Tax Roll Number Permit Fees - [ ] - Addition, Alteration, Repair or Renovation to Existing Building - [ ] - Temporary Structure - [ ] - Relocation of an Existing Building - [ ] - Demolition of an Existing Building Code analysis - Yes - No Construction Plans and Specifications - Yes - No area in square meters height in storeys $ Owner Information (include all owners listed on the property title or attach in a separate sheet) Company Project Contact Address Phone and Email   General Contactor Information (a building owner can be identified as a self-contractor) Company Project Contact Address Phone and Email Lead Designer (this is the individual responsible for the overall design...all other designers should be included on a separate sheet attached to this application) company Project Contact Address Phone and Email ## Declaration by Applicant I hereby declare that the above statements contained within this application and attached drawings are true and correct. I agree that where required, a Development Permit must be issued in order for the Building Permit to be valid. Neither document relieves the owner, the applicant, or the owner's agent from complying with all municipal bylaws and/or Provincial and Federal acts and regulations including the National Building Code (NBC) and the National Energy Code for Buildings (NECB) and the National Plumbing Code (NPC), and that it is my responsibility to ensure compliance with such legislation, regulations, bylaws and codes regardless of any plan review or inspections that may or may not be carried out by the building official, local authority or its authorized representatives. I agree that no construction shall commence without proper permits and approvals. Name Signature Date ## Notes: A Code Analysis provides detailed information on provision of the NBC, NECB or NPC that apply to the specific project demonstrating design and construction is intended to meet minimum requirements. Value of Construction is the total cost 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. Building area means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls. Building height (in storeys) means the number of storeys contained between the roof and the floor of the first storey. ## Appendix "B" - Bylaw 1/22-Building Bylaw ## APPLICATION FOR A PERMIT TO MOVE OR DEMOLISH A BUILDING ## Municipality: Rural Municipality of Ponass Lake No. 367 APPLICATION FOR A PERMIT TO MOVE OR DEMOLISH A BUILDING Demolition Permit # Date: I hereby make application for a permit to demolish a building now situated on the property ocated at: Legal land location The demolition will commence on , 20 20 -, and will be completed on OR | hereby make application for a permit to move a building now situated on: Legal land location - [ ] To legal land location - [ ] out of the municipality. The building has the following dimensions: length The building mover will be and the date of the move will be The building will be moved over the following route: width height .20 The site work (filling, final grading, landscaping, etc.) which will be done after the building includes: I hereby agree to comply with the provisions of the Building Bylaw of the municipality and to become 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 13(2) the said 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. Signature of Owner or Agent  ## Appendix "C" - Bylaw 1/22-Building Bylaw BUILDING PERMIT Municipality: Rural Municipality of Ponass Lake No. 367 ## Building Permit under The Construction Codes Act ## Permit Information Permit Number Project Description written descrintion si project Project Location Building Area and Height Major Occupancy Code Application Permit Fees Applicant Company Project Contact Address civic address or legal description height in storeys F3 - [ ] -Part 3 Opart 9 - [ ] \_ONECB $ calculated from permit fee byiar - [ ] -Section 9.36 Phone and Email ## Permit Requirements nsert on reference here and attach: - Code Analysis - Dian reviow report. - Points of construction where is necessary to advise the incal authority - other instructions Building Official Approval Signature Date Notes:  ## "major occupancy" means - A1 - Assembly occupancies intended for the production and viewing of the performing arts - A2 - Assembly occupancies not elsewhere classified in Group A - A3 - Assembly occupancies of the arena type - A4 - Assembly occupancies in which the occupants are gathered in the open air - B1 - Detention occupancies in which persons are under restraint or are incapable of selfpreservation because of security measures not under their control - B2 - Treatment occupancies - C- Residential occupancies - D - Business and personal services occupancies - E - Mercantile occupancies - F1 - High-hazard industrial occupancies - F2 - Medium-hazard industrial occupancies - F3 - Low-hazard industrial occupancies Part 3 applies to all buildings more than three storeys in building height or more that 600m' in building area and some smaller buildings that have Group A, Group B or Group F, Division 1 major Part 9 applies to buildings three storeys or less in building height and 600m' or less in building area with Group C, Group D, Group E and Group F, Divisions 2 and 3 major occupancies. NECB means the National Energy Code for Buildings and applies to all buildings except one- and twounit dwellings. Section 9.36 means the portion of the National Building Code of Canada that applies energy efficiency standards to one and two unit dwelling and certain other small buildings. Where permit requirements are attached, they become part of the approved building permit. Permit fees are calculated from a fee bylaw adopted pursuant to subsection 17(3) of the CC Act.  ## Appendix "D" - Bylaw 1/22-Building Bylaw PERMIT TO MOVE OR DEMOLISH A BUILDING Municipality: Rural Municipality of Ponass Lake No. 367 ## PERMIT TO MOVE OR DEMOLISH A BUILDING Permit Information Permit Number Date: Permission is hereby granted to - [ ] move OR - [ ] demolish a building now located at: Legal land location To Legal land location to (name of owner or agent) in accordance with application dated 20 This permit expires six months from the date of issue. This permit is issued under the following conditions: Authorized Municipal Official  ## Appendix "E" - Bylaw 1/22-Building Bylaw ORDER TO COMPLY Municipality: Rural Municipality of Ponass Lake No. 367  ## Order to Comply (OTC) under The Construction Codes Act (the CC Act) Issued to Property Location Project Description Permit Number Inspection Date ## Contravention(s) Pursuant to subsection 24(1) of the CC Act, The Building Code Regulations, (the BC Regulations) the National Building Code (NBC), The National Energy Code for Buildings (NECB) and Building Bylaw No. , the following contraventions are noted. ## Order to Comply Pursuant to subsection 25(1), (2), (3) , (4) or (5) of the CC Act, the BC Regulations, the NBC, the NECB and Building Bylaw No.\_\_, you are hereby ordered to comply as follows: Compliance with this order is required on or before , 20 ## Failure to Comply Failure to comply with the order by the date provided may result in the commencement of legal enforcement as provided by The Construction Codes Act. See sections 39 and 40 of the CC Act ## Issued by Building Official Licence No. Signature Phone Date Email ## Right of Appeal An owner of a building may appeal an order made pursuant to subsection 31(1) of The Construction Codes Act within 15 days after service of the order by submitting a request for hearing form to the Chief Codes Administrator and providing a deposit. For appeal information contact Building and Technical Standards Branch, Saskatchewan Ministry of Government Relations. Email: [email protected] Phone 306-787-4113. ## Basic Requirements for an Order to Comply The OTC must identify the local authority (LA) where the order originated. This may include other pertinent information such as the civic address, postal code and contact information of the LA. The OTC must be identified and captioned such as "Building Official Order" or "Order to Comply". The OTC must be sent to those identified in section 25 of The Construction Codes Act as applicable. This includes: - the owner of the building or his agents, contractors, employees, successors or assigns or the registered owner of the land on which the building is situated," (excerpt). - Where there is joint ownership or multiple owners, efforts must be made to issue the OTC to all owners. ## Contravention: nclude: - Reference to subsection 24(1) of the CC Act which provides the power of the building official. - Reference to the applicable legislation, codes and the building bylaw. - A description of the project. - The project address or legal description. - The date of inspection. - The contravention(s) and references to supporting legislation, codes or building bylaw described in sufficient detail so the recipient understands what is at issue. ## Order to Comply: nclude: - Reference to subsection 25 and the specific provisions under which the order is written. - A description of what is necessary to achieve compliance including option. - The date of compliance is required as determined necessary by the building official. ## Failure to Comply: Include information regarding the consequences for failure to comply by the assigned date. This could include the specific enforcement measures the local authority and the building official and building official will take. ## Order Issued By: Include: - Provide information regarding the date of the OTC and the name of the BO responsible for inspection and who created the OTC. - Provide contact information for the BO responsible for the OTC and ensure the OTC is signed by the BO. ## Right of Appeal Include: - Details regarding the right of appeal as referenced by section 31 the CC Act. - The 15 day deadline for submitting a Request for Hearing application after service of the order. - The deposit required to process a Request for Hearing. - Who to contact for additional information.