Rural Municipality of Usborne No. 310, Saskatchewan
· adopted 2023-11-15
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RURAL MUNICIPALITY OF USBORNE NO. 310
BYLAW NO. 07-23
A BYLAW RESPECTING BUILDINGS
The Council of the Rural Municipality of Usborne No. 310 in the Province of Saskatchewan enacts as follows:
SHORT TITLE
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This bylaw may be cited as the Building Bylaw.
PURPOSE OF THE BUILDING BYLAW
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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.
INTERPRETATION/LEGISLATION
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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 license.
"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 of a building.
"Local authority" means the municipality to which this Building Bylaw applies.
"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.
"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,
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relocation, removal, use, occupancy or change of occupancy of a building.
SCOPE OF THE BYLAW
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This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction
of the local authority.
GENERAL
5(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 greater than 10m2 (107.6 ft2) in building area except
as otherwise exempted by the Act or the regulations.
PERMIT - ISSUANCE
6(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 two sets 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 on the form provided by
the local authority. In addition, one set of the approved plans and specifications will be returned to the owner
or the owner's representative with the 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) any 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.
(7) The permit fee shall be calculated according to the sum of the following:
(a) a permit administration fee listed in a fee bylaw for the processing, handling
and issuance of a permit;
(b) the fees 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; and
(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.
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(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.
PERMITS - REFUSAL TO ISSUE
7(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.
(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.
PERMITS - REVOCATION
8(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
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holder as to the reasons for the revocation.
PERMITS - EXPIRY
9(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) twenty-four 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 seriously commenced and is 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.
ENFORCEMENT
10 The local authority or the building official may take any measures as permitted by sections 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.
NOTIFICATION
11(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;
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(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.
(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.
SPECIAL CONDITIONS
12(1) An 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) an inspection 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
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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.
(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.
PENALTY
13(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.
REPEAL OF BYLAW(S)
14 On enactment of this building bylaw, Bylaw 03-2011 is hereby repealed.
Enactment pursuant to Section 17 of the Construction Codes Act.
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REEVE
{SEAL}
_________________________________
ACTING ADMINISTRATOR
_________________________________ Certified as a true copy of bylaw number 07-23
REEVE Adopted by resolution of council on the
15th day of November, 2023
_________________________________
ACTING ADMINISTRATOR