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## RURAL MUNICIPALITY OF SHERWOOD NO. 159
## BUILDING BYLAW NO. 03/20
The municipal council of the RURAL MUNICIPALITY OF SHERWOOD NO. 159 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 of Canada.
- (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 SHERWOOD NO. 159 and its elected Council.
- (5) "Municipal official" means the clerk or administrator of the municipality or their designate.
- (6) "Regulations" means the Uniform Building and Accessibility Standards Regulations made pursuant to the
- (7) "Farm building" as defined in the Uniform Building and Accessibility Standards Act of Saskatchewan.
- (8) "Value of construction" means the total costs to the owner for the building construction in its completed form and includes the cost of design, all building work, materials of construction, building systems, labour and profit of the contractor and subcontractors.
- (9) "Definitions" contained in the Act and Regulations shall further 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) Noting states regulated by the c an end tons saints in the Administrative Requirements
- (3) peting cupany betis shal for apples and i as and te in teque bistrate Auiteriy or its Authorized Representative.
- (4) Farm buildings are exempt from the provisions of this bylaw in accordance with the Act.
## GENERAL
4. (1) A permit is required whenever work regulated by the Act or Regulations is to be undertaken.
2. pe Nil is require dunless a vent period of farthe work to orallow work to proceed on a proiect for which a
- (3) The granting of any permit that is authorized by this bylaw shall not:
4. (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
5. (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.
- (4) An accessory building not greater than 10 m2 (108 ft2) is exempt from this bylaw provided it does not create a hazard.
## BUILDING PERMITS
5. (1) (a) No person shall commence or cause to be commenced the construction, addition, alteration, renovation, repair, relocation or reconstruction of a building without first having obtained a valid building permit from the Local Authority.
2. (b) Failure to apply for the required permit may result in the issuance of a "Stop Work Order". Where a Stop Work Order is issued, the permit fees may be double the amount set out in subsection 5(8).
- (2) No building permit shall be issued unless a Development Permit, where required, has first been applied for and obtained from the Local Authority. Building permits shall be subject to any conditions stated on the Development Permit.
- (3) Whenever the character of the proposed work requires the technical expertise of an Architect or Engineer, the Local Authority or Authorized Representative may, at its discretion, require as a condition of the application that all drawings and specifications, or any part thereof, be prepared or reviewed, sealed, dated and signed by a Professional Engineer or Architect registered or licensed to practice in the Province of Saskatchewan.
- (4) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a building shall be on the form approved by the Administrator or its Authorized Representative, and shall be accompanied by two sets of paper plans and specifications and/or one set in electronic format (PDF) for the proposed project, or as required by the Local Authority or its Authorized Representative, except that when authorized by the Local Authority or its Authorized Representative plans and/or specifications need not be submitted.
- (5) 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 municipal official. upon receipt of the prescribed fee, shall issue a permit on the form approved by the Administrator of the Local Authority and return one set of submitted plans and/or a plan review report to the applicant.
- (6) The Local Authority may, at 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.
- (7) 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. Where a contract is in place with a service provider, applicants are required to comply with the service provider's required inspections and policies.
- (8) The permit fee for construction, erection, placement, alteration, repair, renovation, or reconstruction of a building shall be based on the following:
- a) A permit administration fee of 15% of service provider fees for the processing, handling and issuance of a building permit; plus
- b) The service fees for plan review, field inspection of construction and enforcement services in accordance with the agreement between the provider of building official services and the Local Authority; plus
- c) A maintenance fee charged by the Saskatchewan Assessment Management Agency.
- d) Construction which commences prior to the issuance of a building permit will be subject to a special inspection fee. The special inspection fee will be calculated as double the amount of the fees as prescribed by the authorized representative fee schedule.
- e) All permit fees will be collected prior to the permit being issued and subject to applicable taxes.
6. ) Service fees in accordance with clause (b) above are based upon the construction project proceeding in a timely and competent manner. Additional inspection fees may be incurred in excess of the permit fee for:
- i. Re-inspection of infractions or deficiencies to ensure compliance.
- ili. Action required to issue Orders for non-compliance.
- ii. Changes related to any deviation, omission or revision to work for which a permit has already been issued under this section.
- g) A Progress inspection may be initiated at an additional fee for construction projects where an inspection, or contact with an Authorized Representative, has not occurred in eight (8) months, or to follow-up on non-compliance with a deadline given in an inspection report.
- h) No person shall occupy a new building without first receiving occupancy approval in writing from the Local Authority or its Authorized Representative. Occupancy without prior approval may result in an additional investigation fee.
- i) It is the responsibility of the owner, or owner's agent, to ensure that all required inspections are called for. Failure to do so may result in additional fees for any follow-up work that may be required by the Authorized Representative as a result of the missed inspection.
- 1) Any additional fees charged as a result of clauses e) to h) above, plus building official travel costs and GST, shall be due upon issuance of an invoice from the Local Authority.
- (9) The Local Authority or its Authorized Representative 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 the definition of value of construction as per subsection 2(8).
- (10) 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.
- (11) All permits issued under this section expire:
17. (b) six (6) months from date of issue if work is not commenced within that period; or
18. (a) Twenty-four (24) months from the date of issue; or
19. (C) if work is suspended for a period of six (6) months or longer, unless there is prior written approval from the Local Authority or its Authorized Representative of such suspension, or
20. (d) if work is terminated and there is written approval from the Local Authority or its Authorized Representative.
- (12) If a building permit expires and construction is not completed in accordance with the Act and the Regulations, then the owner can make application to the Local Authority for an extension or renewal of the permit. Such extension or renewal may be subject to a building permit renewal fee equal to fees required in subsection 5(8) or some alternate renewal fee.
- (13) The Local Authority may revoke a permit if, after written notice is given to the permit holder: (a) there is contravention of any condition under which the permit was issued;
- (b) the permit was issued in error; or
- (c) the permit was issued on the basis of incorrect information.
- (14) The Local Authority may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued, or where other exceptional circumstances occur.
## PERMITS FOR TEMPORARY BUILDINGS
- nonconforming foundation.
- (2) Notwithstanding anything contained elsewhere in these requirements, a permit for a temporary building may be issued by the Local Authority, authorized for a limited time only, the erection and existence of a building, or part thereof, for an occupancy which, because of its nature, will exist for a short time, under circumstances which warrant only selective compliance with the requirements.
- (3) The fee for a permit for a temporary building shall be a fifty ($50.00) dollar administration fee and service provider fees, as per subsection 5(8), if applicable.
- (4) A permit for a temporary building shall state the date after which, and the conditions under which, the permit is no longer valid.
- (5) A permit for a temporary building may be extended provided permission in writing is granted by the Local Authority.
- 5) Temporary buildinas to be used ir
## DEMOLITION OR REMOVAL PERMITS
7. (1) No person shall demolish or remove, or cause to be demolished or removed, any building without first having obtained a permit from the Local Authority.
- (2) (a) The fee for a permit to demolish or remove a building shall be eighty ($80.00) dollars.
3. ) he tee for an inspection upon completion of the demolition or removal of a building shall be $100.00 and shall be payable in advance, when the permit is applied for. Any additional inspections w require an additional inspection fee of $100.00.
4. (i) In addition, the applicant may be required to deposit with the Municipality such sum in accordan th the estimated cost of demolition to cover the cost of restoring the site after the building has be demolished or removed to such condition that it is, in the opinion of the Council or its Authorized Representative, not dangerous to public safety.
5. (i) 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.
- (3) Every application for a permit to demolish or remove a building shall be on the form approved by the Administrator of the Local Authority.
- (4) Where a building is to be demolished or removed from the geographical jurisdiction of 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 Municipal Official, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition or removal on the form approved by the Administrator.
- (5) (a) Where a building is to be removed from its site and set upon another site in the geographical Jurisdiction of 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 Municipal Official, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal on a form provided by the Local Authority.
2. (b) In addition, the Municipal Official, upon receipt of the fee prescribed in subsection 5(a), shall issue a building permit for the placement of the building on the new site.
3. The owner shall ensure that all building components, substructures or framework located below ground level have been removed and disposed of in the proper manner.
4. (n) Waste material generated from a demolition, including any and all concrete from a basement and/or foundation, shall not be buried on the site, but shall be removed from the site and disposed of at an permitted waste disposal facility.
- (8) Upon completion of a demolition, the owner shall:
- a) Remove all rubbish and building materials from the property
7. (c) Ensure that the property is left in a safe and sanitary condition.
8. ) Fill and level any excavation on the property with clean non-expansive fill, to an elevation compatib with abutting properties; and
- 9) Should it become necessary to close or block any road, street, lane, or sidewalk during demolition. th wner or owner's agent shall obtain the prior written approval of the Local Authorit
10. (to outing demes or the owner shal upay andemared this pee reel rom the work in progress.
- (11) All permits issued under this section expire six (6) 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
8. (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:
2. (a) entering a building,
3. (c) taking material samples,
4. (b) ordering production of documents, tests, certificates, etc. relating to a building,
5. (d) issuing notices to owners that order actions within a prescribed time,
6. completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and
7. (e) eliminating unsafe conditions,
8. (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 any measures allowed by subsection 7(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:
11. (a) on start, progress and completion of construction,
12. (c) of intended partial occupancy prior to completion of construction.
13. (b) of change in ownership prior to completion of construction, and
## 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) A real property report 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. Failure to do so may result in the issuance of a Stop Work Order at additional fees, as noted in subsection 5(8).
- (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, certificates and documents required by the Local Authority or its Authorized Representative, as well as 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 the person from compliance herewith.
Enacted pursuant to Section 14 of The Uniform Building and Accessibility Standards Act.
## REPEALS OF BYLAW
11. (1) This Bylaw rescinds Bylaw 21/14 and amendments thereto.
- (2) This Bylaw shall come into force and have effect on and after the date of its final passing
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(seal)
INCORPORATED
OF SHERWO
1911
SASKATCHEWAN,
Than
65,
*
Certified a true copy of bylaw number 03|20
adopted by resolution on the 15+h day of January \_, 20 20
REEVE
alalal
ADMINISTRATOR
A-6
Certified true copy of Bylaw No. 03/20 Adopted by resolution of Council on the
15 #day of January, 2020
Paw walac
Administrator
APPROVED
In accordance with Clause 23. 1(3)(a) of The Uniform Building and Accessibility Standards Act
Buildint Standards and Licensing Ministry of Government Relations
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JAN 2 9 2020
Date