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L
SHORT TITLE
Town of Southey
BYLAW NO. 2022 -3
A BYLAW RESPECTING BUILDINGS
The Council of the Town of Southey,
in the Province of Saskatchewan enacts as follows:
1
(1)
This bylaw may be cited as the Building Bylaw
PURPOSE OF THE BUILDING BYLAW
2
(1)
The purpose of this building 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.
INTERPRET A TIONILEGISLA TION
Definitions contained in The Construction Codes Act, The Building Code Regulations and The Energy Code
Regulations, shall apply in this building bylaw.
3
(1)
"Act" means The Construction Codes Act.
(2)
"building official" means a person who holds a building official license.
(3)
"competent person" means a person who is recognized by the local authority as having the following
to design or review the design of proposed work:
(a)
a degree, certificate or professional designation; or
(b)
the knowledge, experience and training necessary to design or review the design of a building.
Where there is a conflict between a definition in the Building Bylaw and a definition in the CC Act
or the BC Regulations, the legislation will supersede.
(4)
"construction standards" in this building bylaw means the Act, the regulations, The National Building
Code of Canada, The National Energy Code of Canada for Buildings, ministerial Interpretations
pursuant to section 8 of the Act and Saskatchewan Construction Standards Appeal Board orders,
interpretations and orders of building officials within the local authority and any related bylaws adopted
by the local authority. Where there is a conflict between a definition in the Building Bylaw and a
definition in the CC Act or the BC Regulations the legislation will supersede.
(5)
"local authority" means the Town of Southey and its elected council.
(6)
"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.
(7)
"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.
(8)
"occupancy certificate" means a certificate issued with respect to the approved use or occupancy of
a building.
(9)
"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.
(10)
"owner's representative" means any person, company, employee or contractor who has authority to
act on behalf of the owner.
(11)
"permit" means written authorization issued by the local authority or its building official in the form of a
building permit.
(12)
"permit fees" means as defined in this building bylaw.
(13)
"plan review" means the examination of building drawings and related documents by a building official
to ascertain whether those drawings and documents meet the requirement of the standards of
construction.
(14)
"regulations" means The Building Code Regulations and The Energy Code Regulations.
(15)
"SAMA" means the fee charged to the local authority by the Saskatchewan Assessment Management
Agency with respect to the work.
(16)
"service provider" means the company providing building official services to the local authority.
(17)
"standards of construction" in this building bylaw means the Act, the regulations, The National
Building Code of Canada, The National Energy Code of Canada for Buildings, ministerial
interpretations pursuant to section 8 of the Act and Saskatchewan Construction Standards Appeal
Board orders, interpretations and orders of building officials within the local authority and any related
bylaws adopted by the local authority.
(18)
"value of construction" means the total costs to the owner for the work in its completed form and
includes the cost of design, all building work, materials of construction, building systems, labour,
overhead, and profit of the contractor and subcontractors.
(19)
"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 OF THE BYLAW
4
(1)
This building bylaw applies to all work undertaken or to be undertaken within the geographical
jurisdiction of the local authority.
2
(2)
The provisions of this building bylaw apply to buildings greater than 1 O m2 (107.6 ft2) in building area
except as otherwise exempted by the Act or the regulations.
(3)
Retaining walls attached to a structure or free standing greater than 600 mm (2 ft) in differential grade
height on lands not used for agricultural purposes.
(4)
An accessory building not greater than 10 m2 (107.6 ft2) is exempt from this building bylaw provided it
does not create a hazard and provided it does not have sleeping accommodations.
(5)
Decks under 600 mm (2 ft) in differential grade height on lands for residential use are deemed as
patios exempt from this building bylaw.
PERMIT FEE AND PAYMENT
5
(1)
The permit fee shall be determined by the local authority, and may include the following:
(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 the construction standards as per the agreement between the local authority and building
official and as described in the service provider agreement;
(d)
the SAMA fee charged to the local authority by SAMA with respect to the work; and
(e)
all applicable taxes.
(2)
The owner or the owner's representative may be invoiced by the local authority for additional fees as
determined by the local authority or service provider and will be due on receipt of the invoice. The
additional fees may include charges for:
(a)
varying conditions or scope of a permit;
(b)
occupancy without prior written approval from the local authority or building official;
(c)
failure of the owner or owner's agent to ensure that all inspections are scheduled and completed
by the building official;
(d)
issuance of building official's orders;
(e) additional service fees required to review, inspect and enforce the construction standards;
(f)
renewing, revoking, extending, varying the conditions of, cancelling or reinstating a permit;
(g)
costs incurred by the local authority to remedy the building into a safe condition or demolish the
building or bring the building into compliance with the construction standards;
(h)
the cost to register an interest in lands through Land Titles Registry; and
(3)
The deposit may be refunded, on request by the owner or the owner's representative, if the local
authority or building official deem the work satisfactorily complete.
(4)
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.
(5)
The local authority may increase permit fees by 50% of the original permit fee if work commences prior
to obtaining a permit.
(6)
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, 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.
3
(7)
The building official may establish the value of construction for the work described in the application for
a permit, for the purpose of determining the permit fee or additional fees, l'lased 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 building official.
(8)
The ·permit fee or additional fees are the amounts due and are 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 or service was
carried out.
(9)
If amounts due are not paid within 30 days of the date the local authority notifies the owner or owner's
representative of the amount due, the local authority may add the amount due to the owner's property
taxes, as per the Act.
(10)
Where the local authority refuses to issue or revokes a permit, the local authority shall refund any fee
or deposits paid as part of the application for the permit, less administration and service fees.
GENERAL DUTIES OF THE OWNER
6
(1)
The duties of the owner or the owner's representative as applicable, includes but not limited to:
(a)
ensuring that the building and work is in accordance with the construction standards;
(b)
not commencing or cause 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 building bylaw are 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 inspection by a building official;
(h)
paying all cost associated with showing compliance with the construction code;
(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 16( 11 )(h) of the Act;
(j)
obtaining prior written approval from the local authority before closing or blocking any road, street,
lane, or sidewalk;
(k)
suppling 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;
(I)
fill and level any excavation on the property with clean non-expansive fill, to an elevation
compatible with abutting properties: and
(m) ensuring that the property is left in a sate and sanitary condition, including removing all rubbish
and building materials to an approved location. For greater clarity, this includes not burying on the
site any waste material, including concrete from demolition of a basement or foundation, or below
ground level substructures or framework.
(n)
arranging for all permits, inspections and certifications required by any other applicable bylaws,
Acts and the regulations, and ensurfng all copies of any inspection or review reports conducted by
others are made available to the building official or local authority;
PERMITS - GENERAL CONDITONS
L 7
(1)
Permits shall be subject to any geotechnical requirements stated by the local authority.
4
(2)
Permits will be required for retaining walls attached to a structure or free standing that is greater than
600 mm (2 ft) in differential grade height on lands not used for agricultural purposes. An architect or
engineer will be required to de3sign such structures.
(3)
The granting of any permit by this building 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 Act, the regulations or bylaw affecting the site
described in the permit; or
(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.
(4)
Approval in writing from the local authority or building official is required for any deviation, omission or
revision to the work.
PERMITS - APPJ._ICATION AND ISSUANCE
8
(1)
Every application for a permit for work shall be in a form as required by the local authority or its
building official, and shall be accompanied by a minimum of one set of plans and specifications in
electronic format (PDF) of the proposed building and work.
(2)
The owner or owner's representative consents to the use of email for communications.
(3)
Whenever the proposed work requires the technical expertise of an architect or engineer, the local
authority or 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.
(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.
(5)
The application for a permit shall be reviewed and approved by the building official. The building
official will return an approved plan review, showing all required inspections by the building official.
(6)
The local authority shall issue a permit if:
(a)
All permit fees, deposits and any applicable taxes have been paid; and
(b)
If the work described in the application for a permit, to the best of the knowledge of the local
authority or building official, complies with the requirements of the construction standards.
PERMITS - REFUSAL TO ISSUE AND REVOCATION
9
(1) The local authority may refuse to issue a permit if:
(a)
the proposed work would contravene the construction standards;
(b)
the person who designed or reviewed the design of the proposed works 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 the proposed works that is within the
scope of the NECB is not an engineer or architect;
(c)
the application for a permit is incomplete;
(d)
any fee, or deposit required by the local authority are not paid; or
(e)
the proposed work would contravene any other Act, the regulations or bylaws that applied to the
proposed work.
(2) The local authority may revoke a permit If:
(a)
the holder of the permit requests In writing that it be revoked and the work has not commenced;
(b)
there is contravention of any condition under which the permit was issued;
(d)
the permit was issued on mistake, false or incorrect information; or
(c)
the permit was issued in error; or
5
(3) Where the local authority refuses to issue or revokes a permit, the local authority shall provide written
notice to the applicant or permit holder as to the reasons for the refusal or revocation.
PERMITS - EXPIRY
10 (1)
All permits shall expire on the date stated in the permit, or if no date is stated, the earliest of the
following:
(a)
24 months from the date of issue;
(b)
6 months from date of issue if work is not commenced within that period;
(c)
6 months from 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;
(2)
All permits issued for demolition, removal, expire 6 months from the date of issue.
(3)
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.
(4)
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, this request must be accompanied by a fee of 50% of the original
permit cost.
(a)
to extend the term of the permit. The local authority may extend the permit to a maximum of 24
months; or
(b)
vary the conditions of the permit.
(5)
The expiration of a permit does not relieve the owner or owner's representative from the obligation to
put the building in safe condition or demolish the building.
PERMITS - ENFORCEMENT
11
(1)
The local aut11ority or building official may take any measures as permitted in the Act or the regulations
for the purpose of ensuring compliance with the construction standards.
(2)
Failure to obtain a permit or follow the terms of the permit, including ensuring that all inspections are
scheduled and completed by the building official, may result in the issuance of a building official's
order, in accordance with section 25 of the Act.
(3)
The building official may direct the local authority to register an interest in the lands through Land
Titles Registry if a building official's order was not adhered to, in accordance with section 20 of the Act.
NOTIFICATION
L 12 (1)
Before commencing work, the owner or owner's representative shall give notice to the local authority,
in writing, of:
6
(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;
(f)
when the excavation is to be commence;
(2)
The owner or owner's representative must call for all inspections set out by the building official in the
plan review.
(3)
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.
(4)
During the course of the work, the owner or owner's representative shall give notice to the local
authority in writing of any:
(a)
change in, or termination of, the employment of a person or firm listed in subsection (1 );
(b
intent to do any work requiring inspections by the building official;
(c)
intent to enclose any work requiring inspection by a building official;
(d)
proposed or undertaken deviations from the plans approved and permitted by the local authority;
(e)
the completion of the work;
(f)
change in ownership, or change in address of the owner or the owner's representative that occurs
before the completion as soon as the change occurs; and
(g)
intention to occupy the building or portions of the building prior to the issuance of occupancy.
(5)
A real property report of the site prepared by a registered land surveyor shall be submitted by the
owner or owner's representative for principal buildings and dwellings required by the local authority.
Failure to do so may result in the issuance of a stop work order with additional fees.
Notice of a Failure
13
(1)
The owner, owner's representative or owner's agents, contractors, employees or successors 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.
(2)
The report must be submitted to the local authority within 15 days after the occurrence of the failure.
The report must contain:
(a)
the name and address of the owner;
(b)
the address or location of the building involved in the failure;
(c)
the name and address of the constructor of the building; and
(d)
the nature of the failure.
(3)
On receipt of the report, the local authority may require an owner or owner's representative to:
(a)
provide other information that the building official or local authority may consider necessary;
(b)
complete any additional work that is necessary to ensure immediate compliance.
ENFORCEMENT OF CONSTRUCTION STANDARDS
L 14 (1)
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 regulations for the purposes of ensuring compliance with this
building bylaw.
(2)
If any work to a building or part thereof or addition thereto is in contravention of any provision of the
construction standards, the local authority may take any measures as permitted by the Act for the
purpose of ensuring compliance, including, but not limited to:
(a)
entering a building;
7
8
(b)
ordering production of documents, tests, certificates, etc. relating to a building;
(c)
taking material samples;
(d)
ordering actions to be completed 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.
(3)
If any building or part thereof or addition thereto is 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)
The owner or owner's representative that undertakes to or has constructed a building that is within the
scope of Parts 3, 5, 6 and 7 of the NBC shall have an architect or an engineer:
(a)
complete the design _or design review and inspection of the building and all buildings 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 Completion fetter, on completion of the work, providing
assurance that the work conforms to the architect's or engineer's design and the standards of
construction.
(2)
The owner or owner's representative that undertakes to or has 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 Completion 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.
(3)
Foundations for residential occupancies including modular homes with A277 certification shall be
designed pursuant to subsection (2).
(4)
The owner or owner's representative that undertakes to or has constructed a building that is within the
scope of Part 9 of the NBC shall have a competent person:
(a)
complete the design or review of designs of the building;
(5)
The owner or owner's representative that undertakes to or has constructed a building with a structure
that is within the scope of the NECB 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 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 Completion 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.
(6)
On the request of the local authority or building official, the owner or owner's representative shall
ensure copies of any inspections or review reports made pursuant to this section are made available to
the local authority or building official.
L
(7)
No owner or 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. This Includes the building or part of the building,
or 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 regulations or bylaws, the owner or owner's representative shall
immediately alter the building or part of the building to bring it into compliance with the NBC.
PENALTY
16 (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 the construction standards.
REPEAL OF PREVIOUS BUILDING BYLAW
17 (1)
On enactment of this building bylaw, all previous building bylaws, including building bylaw
amendments, are repealed.
Certified a true copy of bylaw number
adopted by resolution on the //#-iday of £t/4btr, 2022
Read a first time this //-#,. day of l)c/-r;b,,.- , 2022
Read a second time this / Ht\. day of Ccf Pixr, 2022 -
Read a third time and adopted this / I#- day of Oc1tk 2022
APPROVED
In accordance with Clause 17(6)(A) of
The Construction CodeJi Act
Building and Tectinlcal Standards
Ministry of Governrtlent Relations
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Schedule A: Residential1 Permit Fees
Size2
Project Type
(m2)
Building Permit
Deposit
or
Fee
Tvne
New Dwelling
up to 139 m2
$1,740.00
(Each additional 40 m2 of developed
living space, including walkout and
$170.00
finished basements, is $170.00)
(includes attached garage & deck)
Note: 139 m2 = 1,496 ft2
Addition/ Accessor)' Bldg w/Living Space
$1,110.00
Secondary Suite
$655.00
Attached Garage
Insulated
$890.00
(No living space or permanent heat source)
Not Insulated
$655.00
Accessory Building3
Insulated
$655.00
(No living space or permanent heat source)
Not Insulated
$340.00
Renovation (structural or egress)
$655.00
Basement Development
$655.00
Deck (not covered or enclosed)
$340.00
Solar Panels (PY or Domestic Hot Water)
$355.00
Retaining Wall
$655.00
Foundation Replacement
$890.00
Demolition & Removal
$100.00
$2,000.00
Mobile (Manufactured) Home
$1,420.00
$2,000.00
RTM / Modular Home/ Post-Move
up to 139 m2
$1,470.00
$2,000.00
(includes attached garage & deck)
140 - 179
$170.00
(Each additional 40 m2 of developed
180 - 219
$170.00
living space, including walkout and
220 - 259
$170.00
finished basements, is $170.00)
260 - 299
$170.00
Residential': As defined in 2015 NBC, and includes: detached houses, semi-detached houses, duplexes, triplexes, townhouses, row houses and boarding
houses. Buildings with horizonal area larger than 600 m2 are classified as Commercial
Size2: Amount of developed living space Noted at top of Plan Review report, based on plans provided.
Accessory Buildingl: Examples include detached garages, boat houses, pole buildings, etc. If permanent heat source needed, additional fees may apply.
10
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Schedule B: Commercial Permit Fees
A) Value of Construction Fees:
voc1 x $7.oo 1 $1,000
8) Minimum Fees:
Project Type
Principal Building
Addition
Renovation/ Tenant Improvements
Accessory Building2
(No living space or permanent heat source)
Solar Panels (PY or Domestic Hot Water)
Demolition & Removal
Type
Building Permit
Deposit
Fee
$1,605.00
$1,425.00
$920.00
Insulated
$950.00
Not Insulated
$655.00
$355.00
$100.00
$2,000.00
VOC1 : Value of Construction. Total value of building in its completed form. Includes: cost of design, building work, materials of construction, building
systems, labor and overhead, and profit of the contractor and subcontractors. Altus Group Guide for Canadian Cost of Construction used if project appears to
be undervalued.
Accessory Building2: Examples include detached garages, boat houses, pole buildings, etc. If permanent heat source needed, additional fees may apply.
11