Rural Municipality of Spiritwood No. 496, Saskatchewan
· adopted 2023-01-10
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RURAL MUNICIPALITY OF SPIRITWOOD NO. 496
BYLAW NO. 2022-6
A BYLAW RESPECTING BUILDINGS
1
Council for the Rural Municipality of Spiritwood No. 496 in the Province of Saskatchewan enacts as
follows:
1.
SHORT TITLE
This bylaw may be cited as the RM of Spiritwood No. 496 Building Bylaw.
2.
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.
3.
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 and
training.
"local authority" means the Rural Municipality of Spiritwood No. 496MUNICIPALITY
"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.
"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.
"occupancy certificate" means a certificate issued with respect to the approved use or
occupancy of a building.
"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.
"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.
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BYLAW NO. 2022-6
A BYLAW RESPECTING BUILDINGS
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"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.
4.
SCOPE OF THE BYLAW
This building bylaw applies to all work undertaken or to be undertaken within the
geographical jurisdiction of the local authority.
5.
GENERAL
(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 associated.
(2) 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.
(3) 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.
(4) The provisions of this building bylaw apply to buildings that do not pose a hazard and are
greater than 10 m2 (107.6 ft2) in building area except as otherwise exempted by the Act
or the regulations.
6.
PERMIT - ISSUANCE
(1) Every application for a permit for work shall be on the form provided by the local
authority, and shall be accompanied by one set of plans and specifications of the
proposed building and work.
(2) Every permit application shall be reviewed and approved by the building official
including plan review and approval.
(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 or the building official shall, on
receipt of the required fee, issue a 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) 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.
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(7) The permit fee shall be calculated according to the sum of following:
(a) a permit administration fee as listed in the fee bylaw for the processing, handling
and issuance of a permit;
(b) the fees charged by the building official for plan review, field inspection of
construction and enforcement in accordance with a fee bylaw or the agreement
between the provider of building official services and the local authority;
(c) the fees charged by the Saskatchewan Assessment Management Agency;
(d) a deposit, if required, in an amount determined by the local authority.
(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 or on approval of use or occupancy of
the building by the local authority or the building official.
(9) 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 construction costs, 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.
(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.
7.
PERMITS - REFUSAL TO ISSUE
(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;
(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.
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(2) Where the local authority refuses to issue a permit pursuant to subsection (1), the local
authority shall:
(a) provide written notice to the applicant as to the reasons for the local authority's
refusal to issue a permit; and
(b) refund any fee or deposit paid as part of the permit application for work pursuant
to the Act, less any fees paid for:
(i) plan review; and
(ii) permit application or administration.
8.
PERMITS - REVOCATION
(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;
(c)
if the permit was issued in error;
(d)
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
(e)
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 local authority.
(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.
9.
PERMITS - EXPIRY
(1) 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 date is stated:
(a)
twelve 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 significantly
commenced or has been 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.
10. ENFORCEMENT
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.
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11. NOTIFICATION
(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:
(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.
(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 an occupancy certificate 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) 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:
(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.
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(6) A 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) On receipt of the report pursuant to subsection (5), the local authority may require an
owner to do the following:
(a)
provide any other information that the building official or local authority may
consider necessary;
(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.
12. SPECIAL CONDITIONS
(1) The 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.
(2) An 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)
inspections of construction of the structure to ensure compliance with the design;
and
(c)
the reviews required by the NBC.
(3) An 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) 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) An 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.
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(6) An 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.
(7) No owner of a building or an 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:
(a)
the building or part of the building; or
(b)
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 owner or the owner's representative shall
immediately alter the building or part of the building to bring it into compliance with the
NBC.
(9) Building Permits will be required for all buildings that have sleeping accommodations.
(10) Any proposed residential or commercial development shall be required to produce a
RPSR for all buildings or structures 9.3m² (100 ft²) in area or larger on a permanent
foundation, except those exempted by clause (11).
The submission of a Real Property Surveyor's Report shall be performed by a licensed
land surveyor, either before construction begins or after the installation of the
permanent foundation of the development, but before installation or construction of the
building above the permanent foundation, or upon completion of work, as a condition of
permit approval.
(11) Notwithstanding clause (10), residential or commercial development shall not be
required to submit a RPSR completed by a Saskatchewan Land Surveyor in the following
cases where all three (3) of the points are met:
(i)Located within the AR -Agricultural Resource District; and,
(ii)Parcel size exceeds five (5.0 acres); and,
(iii)Frontage exceeds 30.5 metres (100.0 feet).
13. PENALTY
(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 with the Act and
regulations.
14. REPEAL OF BYLAW(S)
On enactment of this building bylaw, Building Bylaw 2017-13 is hereby repealed.
Read three times by unanimous consent of Council this 10 day of
January, 2023.
Enacted pursuant to Section 17 of The Construction Codes Act.
X_________________________________
(REEVE)
(Seal)
X_________________________________
(ADMINISTRATOR)
Read a third time this 10th day of January, 2023.
RURAL MUNICIPALITY OF SPIRITWOOD NO. 496
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Schedule "A"
Administration Fee
$50.00
Building Official Fees
Equal to the fees charged for plan review, field
inspection of construction and enforcement services
charged by the building official.
SAMA Fee
Equal to the fees charged by the Saskatchewan
Assessment Management Agency for assessment
inspections.
Real Property Survey
Where required and shall be the responsibility of the
property owner and are in addition to the above fees