Rural Municipality of Sutton No. 103, Saskatchewan
· adopted 2023-09-14
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Snapshot 8851bf209ba0 · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
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RURAL MUNICIPALITY OF SUTTON NO. 103
BYLAW NO.3/23
A BYLAW RESPECTING BUILDINGS
The council of the Rural Municipality of sutton No. 103 in the province of
Saskatchewan enacts as follows:
Short Title
1.1 This bylaw may be cited as',The Building Bylaf,
Purpose
2.1 rhe purpose of this bylaw is to provide for the administration and
enforcement of the Act, the regulations, The National Building code of
C anada, The National Ener gt C ode of Canada Jbr Builclings, ministerial
interpretations and Saskatchewan Construction Standards Appeals Board
orders, and building official orders within the local authority.-
Definitions
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Notwithstanding the definitions prescribed in this section for the purpose of
administration and enforcement of this bylaw, definitions containid lnThe
construction CocJes Act, The Building Code Regulations, and The Energt
Code Regulations shall apply in this bylaw.
In this bylaw:
a) "Act" means The Construction Codes Act;
b) "Building official" means a person who holds a building official license
and is appointed by the local authority to provide building official
services;
c) "competent person" means a person who is recognized by the local
authority as having:
i:
a degree, certificate, or professional designation; or
ii.
the knowledge, experience, and training
necessary to design or review the design of a building;
d) "Farm building" means, subject to the regulations, a building that:
i.
does not contain aresidential occupancy;
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ii'
is located on land used for an agricultural operation as defined in
The Agricultural Operations Act; and
iii.
is used for the following pu{poses:
(A)
the housing of livestock;
(B)
the production, storage, or processing of primary
agricultural and horticultural crops or feeds;
(c)
the housing and storage or maintenance of equipment or
machinery associated with an agricultural operation; or
(D)
any other prescribed purpose;
e) "Local authority" means the Rural Local authority of Sutton No. 103;
0 "NBC" means the edition and provisions of rhe ilational Builtting
code of canada, including revisions, errata,and amendments to ii,
declared to be in force pursuant to the Act and the regulations;
g) "NECB" means the edition and provisions of The Niional Energt
code of canaclafor Buildings,including revisions, e*ata, and
amendments to it, declared to be in force pursuant to the Act and, The
Ener gy Code Re gulations;
h) "occupancy certificate" means a certificate issued with respect to the
approved use or occupancy ofa building;
i) "Owner" means:
i.
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;
ii.
any person, firm, or corporation that controls the property under
consideration; or
iii. if the building is owned separately from the land on which the
building is located, the owner of the building;
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o'Owner's representative" means any person, company, corporation,
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;
'oPlan 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 standards of construction;
"Regulations" means The Building code Regulations and rhe Energ,,
Code Regulations;
"SAMA fee" means a fee charged to the local authority by the
Saskatchewan Assessment Management Agency with respect to the
work;
'oservice provider" means the appointed building official providing
building official services to the local authority;
o'Standards of construction" in this bylaw means the Act, the
regulations, The National Building Code of Canada, The National
Energy Code of Canadafor Buildings, ministerial interpretations
pursuant to section 8 of the Act and saskatchewan construction
Standards Appeal Board orders and interpretations, and orders of
building officials within the local authority, and any related bylaws
adopted by the local authority;
"Value of construction" means 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,
overhead, and profit ofthe contractor and subcontractors; and
"Work" means any design, construction, addition, erection, placement,
alteration, repair, renovation, demolition, relocation, removal, use,
occupancy or change of occupancy, or reconstruction of a building.
Scope
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This bylaw applies to all work undertaken or to be undertaken within the
geographical jurisdiction of the local authority.
The provisions of this building bylaw apply to buildings greater than l0 m2
(r07.6 ft2; in building area except as otfierwise exempiedly the Act or the
regulations.
An accessory building not greater than 10 m2 1102.6 ft2; in area is exempt
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from this bylaw provided it does not create ahazardand provided it does
not have sleeping accommodations.
Decks under 600 mm (2 ft) in differential grade height on lands for
residential use are deemed as patios and are exempt from this bylaw.
General Duties of the Owner
5.1 The duties of the owner (or the owner's representative) include, but are not
limited to:
a) ensuring that the building and work is in accordance with the standards
of construction;
b) not commencing or causing to be commenced work without first having
obtained a valid permit from the local authority;
c) complying with the terms and conditions of the permit;
d) complying with the terms and conditions of the plan review;
e) ensuring all notifications required by this bylaware given to the local
authority;
f) ensuring all inspections are scheduled and completed by the building
official;
g) not enclosing prior to inspection the work that requires inspectiol by a
building official;
h) paying all costs associated with showing compliance with the Act and
the regulations;
i) not occupying the building or part of the building before the issuance of
an occupancy certificate by the local authority or the building official
pursuant to clause l6(l lXh) of the Act;
j)
obtaining prior written approval from the local authority before closing
or blocking any road, street, lane, or sidewalk;
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k) supplying and maintaining, at their own expense, all warning signs,
barricades, fences, or other services that may be required to warn the
public and protect the public from the work;
l) filling and levelling any excavation on the property with clean non-
expansive fill, to an elevation compatible with abutting properties;
m) ensuring that the property is left in a safe and tidy condition, including
removing all rubbish and building materials to an approved location.
For greater clarity, this includes not burying any waste material on the
site, including concrete from demolition of a basement or foundation, or
below ground-level structures or framework; and
n) arranging for all permits, inspections, and certifications required by any
other applicable bylaws, Acts, and regulations, and ensuring all copies
of any inspection or review reports conducted by others are made
available to the building official or local authority.
Any owner to whom a permit is issued shall be responsible for the cost of
repairs of any damage to municipal works or property that occurs in the
conrse of the work authofizedby the permit.
If intending to construct a farm building exempt from this bylaw, the owner
(or the owner's representative) shall provide to the satisfaction of the local
authority on the form provided by the local authority, that the building
satisfies the definition of a farm building in this bylaw. For greater clarity,
as per the Act, residential occupancies cannot be exempt.
Permits - Fees and Payment
6.1
The permit fee shall be determined by the local authority and may include:
a) an administration fee as described in the Schedules for the processing,
handling, and issuance of a permit;
b) any deposit as described in the Schedules;
c) the service fee charged to the local authority by a building official
engaged to review, inspect, and enforce Act and regulations as per the
agreement between the local authority and the building official and as
described in the service provider agreement;
d) the SAMA fee; and
e) all applicable taxes.
6.2 Permit fees and deposits shall be charged in accordance with Schedule "A"
attached hereto.
The owner (or the owner's representative) may be invoiced by the local
authority for additional fees as described in the building official service
provider agreement as determined by the local authority or the service
provider.
If a deposit is collected it shall be refunded, on request by the owner (or the
owner's representative), if the local authority or the building official deems
the work satisfactorily complete.
The local authority may, at its discretion, rebate a portion of a permit fee or
additional fees where work is reduced in scope or discontinued, or where
other exceptional circumstances occur.
The local authority may double the permit fee if work commences prior to
obtaining a permit.
For a demolition or removal permit, the applicant shall provide a refundable
deposit to the local authority to cover the cost of restoring the site after the
building has been demolished or removed, as described in the schedules.
The local authority shall hold the refundable deposit until, in the opinion of
the local authority or the building official, the conditions are not dangerous
to public safety.
The building official may establish the value of construction for the work
described in the application for permit, for the purpose of determining the
permit fee or additional fees, based on established current construction
costs, the owner's (or the owner's representative's) statement of costs or
constructor's contract values, or similar methods selected by the building
official.
If amounts due are not paid within 30 days of the date the local authority
notifies the owner (or the owner's representative) of the amount due, the
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local authority may add the amount due td the owner's property taxes, as per
the Act.
Permits - General Conditions
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Permits shall be subject to any geotechnical requirements stated by the local
authority.
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Permits will be required for retaining walls, attached to a structure or free-
standing, that is greater than 600 mm (2 ft) in differential height on lands
not used for agricultural purposes. An architect or engineer will be required
to design such structures.
7.3 The granting of any permit by this bylaw shall not:
a) entitle the grantee, their successor or assigns, or anyone on their behalf
to erect any building that fails to comply with the requirements of any
Act, the regulations, or bylaw affecting the site described in the permit;
b) make either the local authority or the building official liable for
damages or losses in the event that a building does not comply with the
requirements of any Act, the regulations, or bylaw, regardless of
whether or not occupancy has been authorized by a permit.
7 '4
Approval in writing from the local authority or the building offrcial is
required for any deviation, omission, or revision to the woik.
Permits - Application and Issuance
8.1 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 one set of pians
and specifications of the proposed building and work, in electronic format
(PDF).
8.2 By applying for a permit, the owner (or the owner's representLltive) consents
to the use of email for communications.
8.3
Whenever the proposed work requires the technical expertise of an architect
or engineer, the local authority or the building official may require that all
drawings and specifications, or any part thereof be prepared or reviewed,
sealed, dated, and signed by an architect or engineer.
8.4
Where a building is to be demolished or removed, the local authority shall
not issue a permit until the local authority 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.
8.5
The application for permit shall be reviewed and approved by the building
official. The building official will retum an approved plan review, showing
all required inspections by the building official.
8.6 The local authority shall issue a building permit if:
a) all permit fees, deposits, and any applicable taxes have been paid; and
b) the work described in the application for permit, to the best knowledge
of the local authority or the building official, complies with the
requirements of the standards of construction.
8.7 A permit issued pursuant to this 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, and/or bonds charged for the permit;
d) the scope of work authorized by the permit;
e) the civic address or legal land description of the property on which the
work described in the permit is located;
0 the buildings or portion(s) 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 bylaw.
Permits - Refusal to Issue and Revocation
9.1 The local authority may refuse to issue a permit if:
a) the proposed work described on the permit application would
contravene the standards of construction;
b) the person who designed or reviewed the design of the proposed work
that is within the scope of Part 9 of the NBC is not a competent person;
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Bylaw No. 3/23
c) the person who designed or reviewed the design of the proposed work
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 this bylaw for the
issuance of a permit have not been paid; or
D the proposed work described on the permit application would
contravene any other Act, the regulations, or bylaws that apply to the
proposed work.
The local authority may revoke a permit ifi
a) the holder of the permit requests in witing that the permit be revoked
and the work has not commenced;
b) there is a contravention of any condition under which the permit was
issued;
c) the permit was issued on mistaken, false, or incorrect information; or
d) the permit was issued in error.
where the local authority refuses to issue or revokes a permit, the local
authority shall:
a) provide written notice to the applicant as to the reasons for the refusal
or revocation; and
b) refund any fee or deposit paid as part of the permit application for work
pursuant to the Act, less administration and service fees.
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Permits - Expiry
10.1 All permits issued pursuant to this bylaw shall expire on the date stated in
the permit, or if no date is stated, the earliest of:
a) twenty-four Q$ months from the date of issrie;
b) six (6) months from the date of issue if work is not commenced within
that period;
c) six months from the date of last inspection by a building official where
work has not seriously progressed to the satisfaction of the building
official and without prior authorization from the local authority.
l0'2 All permits issued for demolition or removal expire six (6) months from the
date of issue.
If the owner wishes to terminate the work, the owner (or the owner's
representative) must first receive written approval for the local authority to
terminate the permit.
The local authority may revoke, extend, or vary the conditions of the permit
upon written application of the permit holder and subject to any conditions
or fees listed in this bylaw.
If the permit expires, but not all of the work is complete, the owner (or the
owner's representative) shall apply to the local authority in writing
requesting:
a) to extend the term of the permit, up to a maximum of twenty-four (24)
months; or
b) to vary the conditions of the permit.
The expiration of a permit does not relieve the owner (or the owner's
representative) from the obligation to put the building in safe condition or
demolish the building.
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11.
Permits - Enforcement
I 1.1 The local authority or the building official may take any measures as
permitted in the Act or the regulations for the purpose of ensuring
compliance with the standards of construction.
11'.2 Failure to obtain a permit or follow the terms of the permit, including
ensuring that all inspections are scheduled and completed by the buiiding
official, may result in the issuance of a building official's oider, in
accordance with section 25 of the Act.
I 1.3 The building official may direct the local authority to register an interest
against the land tluough the Land ritles Registry (lsc) if a building
official's order was not adhered to, in accordance with section 20 olthe Act.
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Notification
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B.efore commencing work, the owner (or the owner's representative) shall
give notice to the local authority, in writing, of:
a) the contractor or other person in charge of the work;
b) the designer of the work;
c) the person or firm reviewing the work to determine whether or not the
work conforms to the design;
d) any inspection or testing agency that is engaged to monitor the work;
e) the date the work is intended to commence;
0 when the excavation is to commence;
g) when the foundation is to be placed;
h) when a superstructure is to be placed on the foundation.
i) any other event at the time required by the permit urrd", which work has
been undertaken; and
j) any other specified event at the specified time.
The owner (or the owner's representative) must call for all inspections set
out by the building official in the plan review.
Failure to provide notice and ensure that all inspections are scheduled and
completed by the building official could result in destructive testing efforts
requested by the building official at the cost of the owner (or the owner's
representative).
During the course of the work, the owner (or the owner's representative)
shall give notice to the local authority, in writing, of:
a) any change in, or termination of, the employment of a person or firm
mentioned in clause subsection 12.1;
b) any intent to do any work requiring inspection by the building official;
c) any intent to enclose any work requiring inspection by the buitaing
official;
any proposed or undertaken deviation from the plans approved and
permitted by the local authority;
the completion of work;
any change in ownership, or change in address of the owner (or the
owner's representative) that occurs before the completion of the work
(as soon as the change occurs); and
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12.5
g) intention to occupy the building or portions of the building prior to the
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issuance of an occupancy certificate.
I rea,l property report of the site prepared by a registered land surveyor shall
be submitted by the owner (or the owner's representative) for principal
buildings and dwellings when required by the local authority. Failuie to do
so may result in the issuance of a stop work order with additional fees.
13.
Notice of a Failure
13.1 The owner, the owner's representative, 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(s) of the building;
b) failure of any equipment, device, or appliance that is regulated by the
Act or the regulations.
13.2 A report submitted pursuant to subsection 13.1 must:
a) contain:
i.
the name and address of the owner;
ii'
the civic 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 (fifteen) days after the
occurrence of the failure.
Upon receipt of the report, the local authority may require an owner (or the
owner's representative) to:
a) provide any other information that the building official or the local
authority may consider necessary; and
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Bylaw No. 3/23
b) complete any additional work that is necessary to ensure compliance.
Enforcement of Standards of Construction
r4.l rhe local authority or the building official may take any measures as
permitted by section 24,25, and26 of the Act and sections 13 and 14 of the
regulations for the purposes of ensuring compliance with this bylaw.
14.2 If any work to a building or part thereof or addition thereto is in
contravention of any provision of the standards of construction, the local
authority may take any measures as permitted by the Act for the purpose of
ensuring compliance, including but not limited to:
a) at any reasonable hour, enter land or a building;
b) be accompanied into a building by a person having special or expert
knowledge on any matter to which the Act or the i.gulutiot r relate;
c) order the production of a register, certificate, plan, or other document
relating in any manner to the design, construction, addition, erection,
placement, alteration, repair, renovation, demolition, relocation,
removal, use, occupancy, or change of occupancy of a building, and
may examine and make copies of the document;
d) inspect and take samples of any material, equipment or appliance being
used in the design, construction, addition, erection, placement,
alteration, repair, renovation, demolition, relocation, removal, use,
occupancy, or change ofoccupancy ofa building;
e) issue an order pursuant to the Act;
f) direct a local authority to register an interest against the title pursuant to
section 20 of the Act; and
g) exercise any other power or undertake any action as prescribed.
14.3 If any building or part thereof or addition thereto is an imminent danger or
in an unsafe condition due to faulty work, dilapidated state, abandonment,
open or unguarded condition or any other reason, the local authority may
take any measures allowed by the Act.
Building Design Requirements
15.1 An owner (or the owner's representative) who undertakes to construct or
have constructed a building that is within the scope of parts 3,5,6,o1 7 of
the NBC shall have an architect or engineer:
a) complete the design or design review and inspection of the building
and all building systems;
b) provide a Commitment of Field Review letter as part of the permit
application for work; and
c) provide an Assurance of Field Review and compliance letter, on
completion of the work, providing assurance that the work conforms to
the architect's or engineer's design and the standards of construction.
15.2 An owner (or the owner's representative) who 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:
a) complete the design or design review of the structure;
b) complete an inspection of construction of the structure to ensure
compliance with the design;
c) complete the reviews required by the NBC;
d) provide a commitment of Field Review letter as part of the permit
application for work; and
e) provide an Assurance of Field Review and compliance letter, on
completion of the work, providing assurance that the work conforms to
the architect's or engineer's design and the standards of construction.
Foundations for residential occupancies including modular homes with
4277 certification shall be designed pursuant to subsection 15.2.
An owner (or the owner's representative) who 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.
An owner (or the owner's representative) who undertakes to construct or
have constructed a building with a structure that is within the scope of the
NECB shall have an architect or engineer:
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Bylaw No. 3/23
a) complete the design or design review of the structure;
b) complete an inspection of construction of the structure to ensure
compliance with the design;
c) complete the reviews required by the NECB;
d) provide a commitment of Field Review letter as part of the permit
application for work; and
e) provide an Assurance of Field Review and compliance letter, on
completion of the work, providing assurance that the work conforms to
the architect's or engineer's design and the standards of construction.
An owner (or the owneros 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 upon the request of the
building official or the local authority, as the case ,nuy b".
No owner of a building (or the owner's representative; shail cause or allow
the ground elevations of a building to be Changed ro ur to place it in
contravention of the NBC. This includes the building or part(s) of the
building, or an adjacent building.
If the property boundaries of a building lot are changed so as to place a
building or part(s) of a building in contravention orihe NBC, thi regulations
or bylaws, the owner.(or the owner's representative) shall immediately alter
the building or part(s) of the building tobring it into compliance with the
NBC.
Penalty
16.1 Any person who contravenes any of the provisions of this bylaw may be
subject to the penalties provided in part b of the Act.
16.2 Conviction of a person or corporation for breach of any provision of this
bylaw shall not relieve the person or corporation from-compliance with the
Act and the regulations.
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17.
Coming into Force
17.l This bylaw shall come into force and take effect January I,2024,or on the
date
approval by the Minister of Government Relations, pursuant to
Construction Codes Act, whichever is later.
Reeve
Read a third time and adopted
this 14ft day of September, 2023
Certified a true copy of Bylaw No. 3/23
adopted by Resolution of Council on
the l4o'day of September,2023.
Reeve
C>r,
\Jn.u.{ffiqg6t"'
ln accordance with Clause
7(6)(4) of
Act
The Construction
of Governme nt Relations
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SCHEDULE 564''
Bylaw No. 3/23
FEES
Residential
Administration Fee (all project types)
$ 100.00
Deposit (a11 project types)
............ nil
Service Fee.......All fees charged to the municipality by the building official
SAMA Maintenance Fee.....
.. $25.00
Agricultural
Exempt from bylaw, except where there is a residential component
Commercial
Administration Fee (all project types)
$100.00
Deposit (all project types)
............ nil
Service Fee.......A11 fees charged to the municipality by the building official
SAMA Maintenance Fee.....
.. $25.00
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