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Snapshot e1339e0a24ce · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
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## SHORT TITLE
## LOCAL AUTHORITY
## TOWN OF WAWOTA
## BYLAW NO. 4/2022
## A BYLAW RESPECTING BUILDINGS
## The Council of the Town of Wawota in the Province of Saskatchewan enacts as follows:
- 1 This bylaw may be cited as the Building Bylaw
## PURPOSE OF THE BUILDING BYLAW
- 2 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
- 3 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 licence.
"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.
"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 or bullding ofticials within the local authority and any related bylaws adopted by the local authority.
"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, relocation, removal, use, occupancy or change of occupancy of a building.
## SCOPE OF THE BYLAW
- 4 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 ft?) 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.
- (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:
- (1) 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;
- (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 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
## 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;
- (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.
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- (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 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, all previous building bylaws, including building bylaw amendments, are repealed.
- Enactment pursuant to Section 17 of the Construction Codes Act.
Certified as a true copy of bylaw number 4/202 2 adopted by resolution on the 2o* \_day of
December, 2022
Affix certification seal below:
(ADMINISTRATOR)
slught
TOWN
v000055
-
APPROVED In accordance with Clause 17(6) (A) of
The Construction Codes Act
M. penh Building and Technical Standards Ministry of Government Relations
Jerway 4 2023
Certified a true copy of Bylaw No. 04/2022 adopted by resolution of Council on the 20th day of December, 2022.
Administrator
stelgit
:
## Building Permit Application
Town of Wawota
## Building Permit Application under The Construction Codes Act
## Applicant Information (permit applicant can be an agent of the owner)
Company
company name if applicable
Primary Contact
primary contact for project
Address
for correspondence purposes
Phone and Email
primary contact
primary contact
## Permit Information
Project Location
Project Description
civic address or legal description
written description of project
Project type (check one)
- [ ] - New Construction
- [ ] - Addition, Alteration, Repair or Renovation to Existing Building
- [ ] - Temporary Structure
- [ ] - Relocation of an Existing Building
- [ ] - Demolition of an Existing Building
Code analysis - Yes - No
Construction Plans and Specifications - Yes - No
area in square meters
height in storeys
$
Attached
Building Area and Height
Value of Construction
## For Office Use Only
Tax Roll Number
Permit Fees
## Owner Information (include all owners listed on the property title or attach in a separate sheet)
Company
Project Contact
Address
Phone and Email
:
## General Contactor Information (a building owner can be identified as a self-contractor)
Company
Project Contact
Address
Phone and Email
## Lead Designer (this is the individual responsible for the overall design...all other designers should be included on a separate sheet attached to this application)
Company
Project Contact
Address
Phone and Email
## Declaration by Applicant
I hereby declare that the above statements contained within this application and attached drawings are true and correct. I agree that where required, a Development Permit must be issued in order for the Building Permit to be valid. Neither document relieves the owner, the applicant, or the owner's agent from complying with all municipal bylaws and/or Provincial and Federal acts and regulations including the National Building Code (NBC) and the National Energy Code for Buildings (NECB) and the National Plumbing Code (NPC), and that it is my responsibility to ensure compliance with such legislation, regulations, bylaws and codes regardless of any plan review or inspections that may or may not be carried out by the building official, local authority or its authorized representatives. I agree that no construction shall commence without proper permits and approvals.
Name
Signature
Date
A Code Analysis provides detailed information on provision of the NBC, NECB or NPC that apply to the specific project demonstrating design and construction is intended to meet minimum requirements.
Value of Construction is 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 and overhead and profit of the contractor and subcontractors.
Building area means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the outside surface of exterior walls and the centre line of firewalls.
Building height (in storeys) means the number of storeys contained between the roof and the floor of the first storey.
## Building Permit
## Town of Wawota
## Building Permit under The Construction Codes Act
## Permit Information
Permit Number
Project Description
written description of project
Project Location
Building Area and Height
Major Occupancy
Code Application
Permit Fees
## Applicant
Company
Project Contact
Address
civic address or legal description
area in square meters
height in storeys
-A1 ПА2 ПАЗ -А4 -в1 Ов2 -вз -C OD DE -F1 OF2 - г3
- [ ] -part 3 Opart9 NECB -Section 9.36
$ calculated from permit fee bylaw
Phone and Email
## Permit Requirements
Insert or reference here and attach:
- Code Analysis
- Plan review report
- Points of construction where it is necessary to advise the local authority
- Required field inspection of construction
- Other instructions
Building Official
Approval Signature
## Order to Comply
## Town of Wawota
| Order to Comply (OTC) under The Construction Codes Act (the CC Act) | Order to Comply (OTC) under The Construction Codes Act (the CC Act) |
|-----------------------------------------------------------------------|-----------------------------------------------------------------------|
| Issued to | |
| Property Location | |
| Project Description | |
| Permit Number | |
| Inspection Date | |
## Contravention(s)
Pursuant to subsection 24(1) of the CC Act, The Building Code Regulations, (the BC Regulations) the National Building Code (NBC), The National Energy Code for Buildings (NECB) and Building Bylaw No. 5/2022, the following contraventions are noted.
1
2
3
## Order to Comply
Pursuant to subsection 25(1), (2), (3), (4) or (5) of the CC Act, the BC Regulations, the NBC, the NECB and Building Bylaw No. 5/2022, you are hereby ordered to comply as follows:
1
2
3
Compliance with this order is required on or before
## Failure to Comply
Failure to comply with the order by the date provided may result in the commencement of legal enforcement as provided by The Construction Codes Act. See sections 39 and 40 of the CC Act
## Issued by
Building Official
Signature
Date
## Right of Appeal
An owner of a building may appeal an order made pursuant to subsection 31(1) of The Construction Codes Act within 15 days after service of the order by submitting a request for hearing form to the Chief Codes Administrator and providing a deposit. For appeal information contact Building and Technical Standards Branch, Saskatchewan Ministry of Government Relations.
Email: [email protected] Phone 306-787-4113.
Licence No.
Phone
Email
→ 20.
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January 18, 2023
Sherry Wight Administrator Town of Wawota P.O. BOx 58 WAWOTA SK SOG 5AO
Dear Sherry Wight:
Thank you for the submission of two true certified copies of Building Bylaw No. 4/2022 for review. The copies were received December 30, 2022, and represent the Building Bylaw for the Town of Wawota. Your submission has been reviewed pursuant to The Construction Codes Act (the CC Act) and The Building Code Regulations, in force January 1, 2022.
The review finds that Building Bylaw No. 4/2022 is in accordance with the provisions of the CC Act and the bylaw is approved under clause 17(6)(a) which states:
"(a) approve the bylaw or repeal the bylaw, if the minister is of the opinion that the bylaw does not conflict with this Act or the regulations;"
With the review completed, Building Bylaw No. 4/2022 is in force January 16, 2023.
We are also in receipt of Building Permit Fees Bylaw No. 05-2022 which does not require approval by the minister but will be retained with Town of Wawota's bylaw information.
As a matter of public safety, effective July 1, 2022, carbon monoxide and smoke alarm devices are required to be installed in any building which contains sleeping accommodations. This would be applicable to dwellings and any building which contains a residential occupancy where sleeping is to occur. Information on placement of the detection devices can be found at: www.saskatchewan.ca/btstandards.
Should you have concerns or questions please feel free to contact Gilbert Hautcoeur, Assistant Building Official at 306-787-4113 or by e-mail to [email protected].
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Sincerely,
M. Angued
Marvin Meickel Chief Codes Administrator
Attachment
## Building and Technical Standards Branch
Ministry of Government Relations 1430 - 1855 Victoria Avenue REGINA, Canada S4P 3T2
Phone: 306-787-4113
Fax:
306-798-4172