Bylaw 2-2008 - Building Bylaw (A Bylaw Respecting Buildings) — full text

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THE RURAL MUNICIPALITY OF ROSEMOUNT NO. 378 BYLAW 2 - 2008 A BYLAW RESPECTING BUILDINGS The Rural Municipal Council of Rosemount No. 378 in the Province of Saskatchewan enacts as follows: SHORT TITLE 1. This bylaw may be cited as the Building Bylaw. INTERPRETATION/LEGISLATION 2. (1) Act" means The Uniform Building and Accessibility Standards Act being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 and amendments. (2) Administrative Requirements" means The Administrative Requirements for Use with The National Building Code. (3) Authorized representative' means a building official appointed by the local authority pursuant to subsection 5(4) of the Act or the municipal official. (4) Local authority" means the Rural Municipality of Rosemount No. 378. (5) Regulations" means regulations make pursuant to the Act. (6) Definitions contained in the Act and Regulations shall apply in this bylaw. SCOPE OF THE BYLAW 3. (1) This bylaw applies to matters governed by the Act and the Regulations, including the National Building Code of Canada, and the Administrative Requirements. (2) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting matters regulated by the Act and Regulations shall not apply. (3) Notwithstanding subsection (1), references and requirements in the Administrative Requirements respecting "occupancy permits" shall not apply except as and when required by the local authority or its authorized representative. GENERAL 4. (1) A permit is required whenever work regulated by the Act and Regulations is to be undertaken. (2) No owner or owner's agent shall work or authorize work or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done. (3) The granting of any permit that is authorized by this bylaw shall not: (a) entitle the grantee, his successor or assigns, or anyone on his behalf to erect any building that fails to comply with the requirements of any building restriction agreement, bylaw, act and/or regulation affecting the site described in the permit, or (b) make either the local authority or its authorized representative liable for damages or otherwise by reason of the fact that a building, the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use or occupancy of which has been authorized by permit, does not comply with the requirements of any building restriction agreement, bylaw, act and/or regulation affecting the site described in the permit. BUILDING PERMITS 5. (1) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a building shall be in Form A, and shall be accompanied by two sets of the plans and specifications of the proposed building, except that when authorized by the local authority or its authorized representative plans and/or specifications need not be submitted. (2) If the work described in an application for building permit, to the best of the knowledge of the local authority or its authorized representative, complies with the requirements of this bylaw, the local authority, upon receipt of the prescribed fee, shall issue a permit in Form B and return one set of submitted plans to the applicant. (3) The local authority may, as its discretion, have plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by building officials designated by the minister to assist the local authority pursuant to subsection 4(4) of the Act. (4) The local authority may, at its discretion, have plan review, inspection and other services provided by a person, firm or corporation employed under contract to the local authority. (5) The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building shall be based on the following fee schedule. 1 or 2 Unit dwellings and accessory buildings $5.50 per square meter of construction. All other buildings - $5.00 per $1,000.00 value of construction. (6) The local authority may estimate the value of construction for the work described in an application for building permit, for the purpose of evaluating a permit fee, based on established construction costs, owner's statement of costs or constructor's contract values, or similar methods selected by the local authority. (7) Approval in writing from the local authority or its authorized representative is required for any deviation, omission or revision to work for which a permit has been issued under this section. (8) All permits issued under this section expire (a) six months from date of issue if work is not commenced within that period, or (b) if work is suspended for a period of six months, or (c) if work is suspended for a period of longer than six months by prior written agreement of the local authority or its authorized representative. (9) The local authority may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued or where other exceptional circumstances occur. DEMOLITION OR REMOVAL PERMITS 6. (1) (a) The fee for a permit to demolish or remove a building shall be $ 100.00. (b) (i) In addition, the applicant shall deposit with the local authority the following sum 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 - $ 5,000.00. (ii) 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. (2) Every application for a permit to demolish or remove a building shall be in Form C. (3) Where a building is to be demolished and the local authority or its authorized representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition in Form D. (4) Where a building is to be removed from the local authority, and the local authority or its authorized representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, the local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition in Form D. (5) (a) Where a building is to be removed from its site and set upon another site in the local authority, and the local authority or its authorized representative is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, and the building when placed on its new site and completed, to the best of the knowledge of the local authority or its authorized representative, will conform with the requirements of this bylaw, the local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form D. (b) In addition, the local authority, upon receipt of the fee prescribe in Section 5(5), shall issue a permit for the placement of the building in Form B. (6) All permits issued under this section expire six months from the date of issue except that a permit may be renewed for six months upon written application to the local authority. ENFORCEMENT OF BYLAW 7. (1) If any building or part thereof or addition thereto is constructed, erected, placed, altered, repaired, renovated or reconstructed in contravention of any provision of this bylaw, the local authority or its authorized representative may take any measures as permitted by Part V of the Act for the purpose of ensuring compliance with this bylaw including, but not limited to: (a) entering a building (b) ordering production of documents, testing, certificates, etc. relating to a building, (c) taking material samples (d) issuing notices to owners that order actions within a prescribed time, (e) eliminating unsafe conditions, (f) completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and (g) obtaining restraining orders. (2) If any building, or part thereof, is in an unsafe condition due to its faulty construction, dilapidated state, abandonment, open or unguarded condition or any other reason, the local authority or its authorized representative may take may measures allowed by subsection (1). (3) The owner of a building for which a permit has been issued or for which actions are being taken in compliance with an order shall give notice in writing to the local authority as required in Section 17.2 of the Act including, but not limited to: (a) on start, progress and completion of construction, (b) of change in ownership prior to completion of construction, and (c) of intended partial occupancy prior to completion of construction. SUPPLEMENTAL BUILDING STANDARDS 8. Void. SPECIAL CONDITIONS 9. (1) Notwithstanding the requirements of the Regulations, an architect or professional engineer registered in the province of Saskatchewan shall be engaged by the owner for assessment of design and inspection of construction or certification of a building or part of a building where required by the local authority or its authorized representative. (2) An up-to-date plan or survey of the site described in a permit or permit application prepared by a registered land surveyor shall be submitted by the owner where required by the local authority or its authorized representative. (3) It shall be the responsibility of the owner to ensure that change in property lines and/or change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw. (4) It shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable bylaws, acts and regulations. PENALTY 10. (1) Any person who contravenes any of the provisions of this bylaw shall be liable to the penalties provided in Section 22 of the Act. (2) Conviction of a person or corporation for breach of any provision of this bylaw shall not relieve him from compliance therewith. 11. That Bylaw No. 1-2007 is hereby repealed. Enacted pursuant to Section 14 of _______________________ The Uniform Building and REEVE Accessibility Standards Act _______________________ ADMINISTRATOR Certified a true copy of Bylaw _____ Adopted by Council this _______ day of ________________, 2007. ______________________________ Administrator