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Building Bylaw
BYLAW NO. 7 - 2010
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Consolidation includes the following Amendments:
Amendments
Date Passed
Bylaw No. 1 - 2014
January 6, 2014
Disclaimer:
This information has been provided solely for research convenience. Official bylaws are
available from the Office of the City Clerk and must be consulted for purposes of
Interpretation and application of the law.
Bylaw No. 7 - 2010
Page 1 of 9
BYLAW NO. 7 - 2010
A BYLAW of the City of Swift Current regulating the construction, erection, placement,
alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change
of occupancy of any building or structure.
WHEREAS, Section 8 of The Cities Act authorizes a City Council to pass Bylaws;
The Council of the City of Swift Current, in the Province of Saskatchewan, enacts as
follows:
1.0
SHORT TITLE
This bylaw may be cited as the "Building Bylaw".
2.0
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.
2.2
"Accessory Building or Use" means a building customarily incidental,
subordinate and exclusively devoted to the principal permitted use or uses
of land, buildings or structure.
2.3
"Administrative Requirements" means The Administrative Requirements
for Use with the National Building Code.
2.4
"Approved Fire Sprinkler System" means a fire sprinkler system that
complies with the National Fire Protection Association (NFPA) standard 13,
13D or 13R for each specific use or occupancy.
2.5
"Authorized Representative" means an inspector appointed by the Local
Authority pursuant to subsection 5(4) of the Act.
2.6
"Local Authority" means the Council of the City of Swift Current.
2.7
"City" means the City of Swift Current.
2.8
"Regulations" means regulations made pursuant to the Act.
2.9
"Value of Construction" means the total cost to the owner for the project
in its completed form and includes the cost of all work, materials, building
systems, labour, overhead and profit of the contractor and subcontractors.
2.10
Definitions contained in the Act and Regulations shall apply in this bylaw.
Bylaw No. 7 - 2010
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3.0
SCOPE OF 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.
3.2
Notwithstanding subsection 3.1, references and requirements in the
Administrative Requirements respecting matters regulated by the Act and
Regulations shall not apply.
3.3
Notwithstanding subsection 3.1, 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.
4.0
GENERAL
4.1
A permit is required whenever work regulated by the Act and Regulations is
to be undertaken.
4.2
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.
4.3
The granting of any permit that is authorized by this bylaw shall not:
4.3.1 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
4.3.2 make 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.
5.0
BUILDING PERMITS
5.1
Every application for a permit to construct, erect, place, alter, repair,
renovate or reconstruct a building shall be on the form provided by the City,
and shall be accompanied by two sets of 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.
Bylaw No. 7 - 2010
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5.2
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, or its authorized
representative, upon receipt of the fee and deposit prescribed, shall issue a
permit on the form provided by the City, and return one set of submitted
plans to the applicant.
5.3
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.
5.4
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.
5.5
The permit fee for construction, erection, placement, alteration, repair,
renovation or reconstruction of a building shall be based on the following
fee schedule:
5.5.1 five ($5.00) dollars per one thousand ($1,000.00) dollars or part
thereof of the first one hundred thousand ($100,000.00) dollars of
the value of construction; plus
5.5.2 four ($4.00) dollars per one thousand ($1,000.00) dollars or part
thereof on any amount over the first one hundred thousand
($100,000.00) dollar value of construction.
5.5.3 however no permit fee will be less than thirty ($30.00) dollars.
5.5.4 projects started prior to the issuance of a permit, the fees shall be
double the fees of subsection 5.5.1, 5.5.2 and/or 5.5.3.
5.6
The local authority, or its authorized representative, 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, or its authorized
representative.
5.7
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.
5.8
All permits issued under this section expire:
5.8.1 six months from date of issue if work is not commenced within that
period;
5.8.2 if work is suspended for a period of six months; or
Bylaw No. 7 - 2010
Page 4 of 9
5.8.3 if work is suspended for a period of longer than six months by prior
written agreement of the local authority, or its authorized
representative.
5.9
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.
5.10
Upon examination of an application, the local authority, or its authorized
representative, may determine that a permit may not be required for work
deemed to be:
5.10.1 non-structural;
5.10.2 aesthetical;
5.10.3 standard building maintenance;
5.10.4 work which will not affect the safety and health of occupants; or
5.10.5 work which will not affect the fire and structural protection of the
building.
6.0
DEMOLITION, REMOVAL AND/OR MOVING PERMITS
6.1
The fee for a permit to demolish, remove or move a building shall be fifty
($50.00) dollars.
6.1.1 projects started prior to the issuance of a permit, the fees shall be
double the fees of subsection 6.1.
6.2
No building shall be moved or relocated if the building is:
6.2.1 in a state of deterioration or disrepair or is otherwise so structurally
unsafe that it could not be moved without endangering persons or
property, or
6.2.2 structurally unsafe or unfit for the proposed use at its new site if the
proposed new site is within the City.
6.3
Every application for a permit to demolish, remove or move a building shall
be on the form provided by the City.
6.4
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, or its authorized representative,
upon receipt of the fee and deposit prescribed, shall issue a permit for the
demolition on the form provided by the City.
Bylaw No. 7 - 2010
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6.5
Where a building is to be removed from the City 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, or its authorized representative,
upon receipt of the fee and deposit prescribed, shall issue a permit for the
removal on the form provided by the City.
6.6
Where a building is to be removed from its site and set upon another site
within the City 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 and other City bylaws, the local
authority, or its authorized representative, upon receipt of the fee and
deposit prescribed, shall issue a permit for the removal on the form
provided by the City.
6.6.1 In addition, the local authority, or its authorized representative, upon
receipt of the fee prescribed in Section 5.5, shall issue a permit for
the placement of the building on the form provided by the City.
6.7
Where a building is to be moved into the City and the local authority, or its
authorized representative, is satisfied that the building when placed on its
site and completed, to the best of the knowledge of the local authority, or its
authorized representative, will conform with the requirements of this and
other City bylaws, the local authority, or its authorized representative, upon
receipt of the fee and deposit prescribed, shall issue a permit for the move
on the form provided by the City.
6.8
The moving of dwellings into the City shall be regulated as outlined in the
City Zoning Bylaw.
6.9
Where a building is demolished or removed from its site, the owner of the
property, or the owner's agent, shall ensure that all foundations have been
removed.
6.9.1 the local authority, or its authorized representative, may, at its
discretion, allow a foundation or part of a foundation to remain.
6.10
All permits issued under this section expire six months from the date of
issue except that a permit may be renewed upon written application to the
local authority, or its authorized representative.
Bylaw No. 7 - 2010
Page 6 of 9
7.0
SURETY / DAMAGE DEPOSITS
7.1
A surety/damage deposit of five hundred ($500.00) dollars, herein called
the "deposit", will be required for approved demolition or moving permits.
7.2
Work under approved moving permits performed by building movers that
have provided the City with proof of one million ($1,000,000.00) dollars
liability insurance may not require the deposit.
7.3
Liability for damages to City infrastructure is not limited to the deposit;
additional costs and/or charges may be invoiced.
7.4
Deposits will be returned after all debris, including foundation, has been
removed from site, all excavations are filled level and machine tamped in a
manner to prevent ponding of surface water and, if required, after all utilities
servicing the property are permanently abandoned at their connections to
main lines. Water and Sewer services will be required to be permanently
abandoned if services will not be reconnected within one year of demolition
or removal.
7.5
The deposit will only be returned to the property owner/contractor named
on the surety/damage deposit form provided by the City. The deposit will
only be redirected to a subsequent owner/contractor upon receipt of a
signed declaration from the original property owner/contractor.
8.0
ENFORCEMENT OF BYLAW
8.1
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:
8.1.1 entering a building;
8.1.2 ordering production of documents, tests, certificates, etc. relating to
a building;
8.1.3 taking material samples;
8.1.4 issuing notices to owners that order actions within a prescribed time;
8.1.5 eliminating unsafe conditions;
8.1.6 completing actions, upon an owner's non-compliance with an order,
and adding the expenses incurred to the tax payable on the
property; and
8.1.7 obtaining restraining orders.
8.2
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 8.1.
Bylaw No. 7 - 2010
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8.3
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:
8.3.1 on start, progress and completion of construction;
8.3.2 of change in ownership prior to completion of construction; and
8.3.3 of intended partial occupancy prior to completion of construction.
9.0
SUPPLEMENTAL BUILDING STANDARDS
9.1
Garages, Carports and Accessory Buildings
9.1.1 All garages shall have a concrete floor.
9.1.2 All carports shall have a hard surfaced parking area.
9.1.3 All canvas/tent garages shall comply with Article 3.1.6 of the
National Building Code.
9.1.4 All accessory buildings shall have a concrete foundation and floor or
equivalent acceptable to the local authority, or its authorized
representative.
9.2
Temporary Buildings
9.2.1 For the purpose of this section a "temporary building" shall mean a
building not exceeding 47.0 square metres in area, one story in
height and erected or placed on a temporary foundation.
9.2.2 Temporary buildings shall not be permitted for a period exceeding
one year.
9.3
Fire Sprinkler Systems
(Bylaw No. 1 - 2014)
9.3.1 The areas 7, 27, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 45
identified on the City map attached as Appendix "A" are hereby
declared Fire Protected Areas.
9.3.2 The installation of an approved Fire Sprinkler System is required as
a part of the construction of all new buildings in the Fire Protected
Areas.
9.3.3 The following buildings shall be exempt from the requirements of
Subsection 9.3.2, unless they contain a dwelling unit:
9.3.3.1 accessory buildings where the property is zoned as a
Residential District in the City Zoning Bylaw;
9.3.3.2 accessory buildings, in Districts zoned other than
Residential, that do not exceed 150 square metres in area
or do not exceed 50% of the principal building area,
whichever is less;
Bylaw No. 7 - 2010
Page 8 of 9
9.3.3.3 temporary buildings; and
9.3.3.4 construction site offices, tool sheds and similar buildings
during the period of construction.
9.3.4 Notwithstanding subsection 9.3.2, the installation of an approved
Fire Sprinkler System is required as part of the construction for new
buildings where mandated by the National Building Code wherever
those buildings may be situated in the City.
10.0 SPECIAL CONDITIONS
10.1
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.
10.2
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.
10.3
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.
10.4
It shall be the responsibility of the owner to arrange for all permits,
inspections and certificates required by other applicable bylaws, acts and
regulations.
11.0 PENALTY
11.1
Any person who contravenes any of the provisions of this bylaw shall be
liable to the penalties provided in Section 22 of the Act.
11.2
Conviction of a person or corporation for breach of any provision of this
bylaw shall not relieve him from compliance therewith.
Bylaw No. 7 - 2010
Page 9 of 9
12.0 FORMER BYLAW REPEALED
12.1
Bylaw No. 26 - 1995 of the City of Swift Current and all amendments
thereto are hereby repealed.
12.2
This Bylaw shall come into force and have effect from and after the date of
the final reading.
______________________ MAYOR ____________________ CITY CLERK
INTRODUCED AND READ a first time this 3rd day of May, 2010.
READ a second time this 3rd day of May, 2010.
READ a third time and finally passed this 3rd day of May, 2010.
ENGINEERING & PLANNING DEPT.
CITY OF SWIFT CURRENT
SCALE: 1:6000
JANUARY 2010
FIRE DISTRICT MAP