Rural Municipality of Stanley No. 215, Saskatchewan
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BYLAW NO 3-2020
A BYLAW RESPECTING BUILDINGS
The Rural Municipality of Stanley No. 215 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, 1985.
(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 Stanley No. 215.
(5) Regulations" means regulations made pursuant to the Act.
(6) 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.
(7) 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.
(4) The provisions of the building bylaw apply to all residential occupancies including dwelling units
and houses including those located on farms or agricultural land.
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.
(4) Accessory buildings with a building area not more than 10 m2 are exempt from this bylaw
provided they do not create a hazard.
BUILDING PERMITS
5. (1) Every application for a permit to construct, erect, place, alter, repair, renovate or reconstruct a
building shall be in a form provided by the local authority, 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 a form provided by the local
authority and return one set of submitted plans to the applicant.
(3) 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.
(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 conditions:
(a) a permit administration fee of $5.00/$1,000.00 of value of construction (a maximum fee of
$500.00 shall be set) for the handling, processing and issuance of a building permit; plus
(b) the service fees for plan review, field inspection of construction and enforcement services;
(c) permit administration fees will be collected prior to the permit being issued and subject to
applicable taxes; and
(d) service fees will be collected at the time the services are provided.
(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 as follows:
(a) 12 months from date of issue; or
(b) six months from date of issue if work is not commenced within that period; or
(c) if work is suspended for a period of six month; or
(d) 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) Where a building permit has expired as per subsection 5.(8), the owner may apply to the local
authority for a renewal of the building permit and pay a permit renewal fee of $100.00.
(10) 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 $25.00, plus
(b) the service fees for field inspection and enforcement services;
(c) permit fees will be collected prior to the permit being issued and subject to applicable taxes;
and
(d) service fees will be collected at the time the services are provided.
(2) Every application for a permit to demolish or remove a building shall be in a form provided by the
local authority.
(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 a form provided by the local authority.
(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 removal in a form provided by the local authority.
(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 a
form provided by the local authority.
(b) In addition, the local authority, upon receipt of the fee prescribed in section 5(5), shall issue a
permit for the placement of the building in a form provided by the local authority.
(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, tests, 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 any 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. Bylaw 1/92 is hereby repealed.
Enacted pursuant to section 14 of
REEVE
The Uniform Building and Accessibility
Standards Act
ADMINISTRATOR
( S E A L )
Certified a true copy of bylaw number
___________ adopted by resolution
on the __ day of __________, 20____
ADMINISTRATOR