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M-t1 lat
CITY
OF
WEYBURN
BYLAW NO. 2023-3462
A BYLAW RESPECTING BUILDINGSAND RELATED ACTIVITIES
Whereas The Construction
Codes Act provides that a local authority shall pass bylaws with
respect
to the safe design, construction, addition, erection, placement,
alteration, repair,
renovation, demolition, relocation, removal, use, occupancy, or change of occupancy
ofa
building in the jurisdiction of the City of Weyburn.
Now therefore, The Council of the City of Weyburn enacts as follows:
TITLE
1.
This bylaw may be cited as the "Building Byiaw".
PURPOSE
2.
The purpose ofthis bylaw is to provide for 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 orders within the local authority.
DEFINITIONS
3.
Definitions contained in The Construction
Codes Act, The Building Code
Regulations
and The Energy Code Regulations shall apply in this building bylaw.
(1)
(2)
(7)
(10)
(11)
"Act"means The Construction Codes Act.
"Administrative Requirements" means
The Administrative Requirements
for Use
with the National Building Code of Canada
1985.
"Building Official"means a Licensed Building Officialof the City of Weyburn as
appointed
by Council.
"Certi?cate of Occupancy"
means a written document issued by the local
authority giving the owner of the building permission to occupy the building for its
intended use;
"City" means the Urban Municipality of the City of Weyburn_
"Competent Person" means a person who is recognized
by a 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 City of Weyburn.
"NBC" means the edition and provisions of the National Building Code of
Canada,
including revisions, errata and amendments
to it, declared to be inforce
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" means the use or intended use of all or part of a building for the
shelter or support of persons, animals or property.
"Owner" means:
(a) any person
who has any right, title, estate
or interest in land, improvements
or
M41 (a)
premises
other than that of a mere occupant,
tenant or mortgagee;
(b) any person, firm or corporation
that controls the property under consideration;
OI'
(c) ifthe building is owned separately from the land on which the building is
located, the owner of the building.
(12) "Owners
Representative" means any person, corporation, employee or contractor
(13)
(14)
(15)
(15)
(17)
who has authority to act on behalf of an owner.
"Permit" means written authorization issued by a local authority or its appointed
building of?cial,
"Plan Review" means
the examination of building drawings and related
documents by a building of?cial to ascertain whether those drawings and
documents
meet the requirements
ofthe Act and the regulations.
"Regulations" means The Building Code Regulations and The Energy Code
Regulations.
"Stop Work Order' means an order issued pursuant to section 25 of the Act, by
the building of?cial to stop all work immediately and enforced until the ordered
actions have been completed by the permit holder and remedial actions
approved by the building of?cial.
"Unsafe Condition" means a condition that could cause undue hazard to the
health, safety or welfare of any person who is authorized or expected
to be or
could reasonably
be foreseen to be on or about the premises.
(18) "Value Of Construction" means the total costs to the owner for the building
completed
work,
/-\._
materials
atconstruction,
buildingsystems;Iaibroiurraricl
overhreradpanzl
"giant
of
the contractor
and subcontractors.
(19) "Work"means any construction, addition, erection, placement,
alteration, repair,
renovation, demolition, relocation, removal, use, occupancy
or change of
occupancy
of a building.
SCOPE
4.
(1)
This bylaw applies to matters governed by the Act and the Regulations,
including
the National Building Code of Canada, the National Energy Code of Canada for
Buildings and the Administrative Requirements.
(2)
Notwithstanding subsection (1), references
and requirements in the
Administrative Requirements
respecting matter regulated by the Act,
Regulations, and building bylaw shall not apply.
(3)
Notwithstanding subsection (1), references
and requirements in the
Administrative Requirements
respecting
"Occupancy
Permits" shall not apply
except as and when a certi?cate of occupancy
is required by the local authority
or its building of?cial.
(4)
This building bylaw applies to all work undertaken or to be undertaken within the
geographical jurisdictional of the local authority.
DUTIES OF THE OWNER
5.
(1)
A permit is required whenever work regulated
by the Act and Regulations
is to be
undertaken;
and shall include but not be limited to:
a)
Any construction or erection, including but not limited to garages,
decks, and mobile homes;
b)
Structural
changes
to existing buildings;
c)
Placement and foundations for relocated buildings;
cl)
Demolition, removal, repair, renovation, relocation, alteration or
addition to an existing building or structure;
e)
Use, occupancy
or change
of occupancy
of a building;
M-11ta)
(5)
f)
Buildings larger than 10 sq m (100 sq ft);
g)
Decks over 1200mm (12") above grade, and roof enclosures over
existing or new decks; and
h)
Foundation repair and or development
for all buildings.
No owner or agent of the owner 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.
An owner shall apply for and obtain the necessary permit(s), before proceeding
with any work regulated by this bylaw, and shall post the permit prominently on-
site for the duration of the work.
The owner or ownersrepresentative,
shall ensure that work regulated by this
bylaw is completed
in compliance with this building bylaw, any associated codes,
ministerial interpretations,
Saskatchewan
Construction
Standards
Appeal Board
orders, any bylaws adopted by the local authority, the Act, orthe
regulations,
with
which the work is associated.
An owner shall obtain the approval of the local authority forthe finished height of
a new foundation priorto commencement
of construction and shall ensure that
the height proposed
along with surface grades,
provides for positive surface
drainage
which willnot adversely affect adjacent properties.
For the purposes of ensuring compliance
with the provisions ofthe Act or the
regulations
or the conditions of a permit, the building official is authorized by the
Act, and ifdeemed necessary, be accompanied by persons authorised by
clauses
24(i)(a)
and 24(1)(b) the Act, to enter the land or a building at any
reasonable
hour.
(7)
(10)
6.
(1)
(2)
No person shall place or construct on City property, any curbing, terracing,
retaining wall, or other structure, nor shall the same be constructed on any site
to extend
onto City property,
unless speci?c written approval is granted
by the
City of Weyburn.
No owner shall permit occupancy or use of a new building, or a building which
has undergone
a change of use, or major renovation without first obtaining an
occupancy inspection and issued a certificate of occupancy
from the local
authority.
The granting of any permit which is authorized by this bylaw shall not:
a)
entitle the grantee,
their 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
b)
make either the local authority or building official liable for damages
or
otherwise, by reason of the fact that a building construction, addition,
alteration, repair, renovation, demolition, the placement,
erection,
relocation, removal, use, occupancy
or change
of occupancy, of which has
been authorized by permit, does not comply with the requirements of any
such building restriction agreement,
bylaw, Act and/or regulation.
It is the responsibility of the owner or the ownersrepresentative 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.
DUTIES OF THE LOCAL AUTHORITY
The local authority shall administer and enforce this bylaw.
The local authority shall keep proper records of all applications
received, permits
and orders issued, inspections
and tests made, and shall retain all papers and
documents
connected with the administration of these duties.
M41 (5)
(3)
The local authority may deliver notices, inspection reports, building official orders
or related documents, as permitted by the Act and the Regulations.
BUILDING PERMITS
7.
(1)
(2)
(3)
Every application for a permit to erect, place, construct,
add to, alter, repair,
renovate, relocate, reconstruct, use, occupy or change of occupancy
of a building
shall be in a format approved
by the building official, and shall be accompanied
by two sets of detailed building plans and speci?cations
of the proposed
work,
acceptable to the building official,and showing the proposed use of each room or
floor area. The building official may authorize lesser plans and specifications
when warranted by the size, design, or type of work.
Whenever the scope of the proposed
work requires the technical expertise
of an
architect or professional engineer the building of?clai
may, at his or her
discretion, require as a condition of the application, that all of the drawings and
speci?cations,
or any part thereof, be prepared,
reviewed, sealed, and signed by
a professional
engineer or architect registered
in the Province of Saskatchewan.
The building official, may require submission of an up--to--dateplan or survey
prepared either before construction begins or upon completion of work by a
registered land surveyor, as a condition of permit approval.
The building official may refuse to issue any permit:
a)
That proposed work described on the permit application would contravene:
i.
The Act;
ii.
The regulations;
iii.
An order of the Saskatchewan
Construction
Standards
Appeal Board;
iv.
A written interpretation
of the minister pursuant
to Section 8 of the Act;
or
v.
The local authority's building bylaw;
Where required approval of any other Federal or Provincial authority is
required and has not been provided.
Whenever information submitted is inadequate to determine compliance
with the Act and Regulations.
Whenever incorrect or incomplete information is submitted.
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;
f)
The person who designed or completed
a design review of a proposed
9)
h)
building that is within the scope of Part 3, 4, 5, 6 or7 of the NBC is not an
architect or engineer.
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;
Any fees, deposits
or bonds required pursuant tothe local authority's
building bylaw forthe issuance ofthe permit have not been paid; or
Whenever permit issuance would be in contravention of any other Act,
regulation or bylaw that applies to the proposed
work.
(5)
The building official may revoke a permit issued pursuant to the Act:
a)
b)
c)
d)
ifthe holder of the permit requests
in writing that it be revoked;
itthe permit was issued on mistaken, false or incorrect information;
ifthe permit was issued in error;
if; after 8 months after the permits
issuance, the work for which the permit
was issued has not, in the opinion of the local authority's
building official;
M-11 (E)
(5)
been seriously commenced
and no written agreement
for the delay has
been given by the local authority; or
(e)
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 permits issuance
and no written
agreement
tor the delay has been given by the local authority.
Ifthe local authority refuses or revokes a permit pursuant
to Subsection
(1) it
shall provide written notice to the permit holder as to the reasons
for the
revocation.
Where the local authority refuses to issue a permit pursuant to subsection
(6), the
local authority shall refund any fee or deposit paid as part of the permit
application for work.less any fees incurred tor:
a) plan review; and
b) permit application or administration.
BUILDING PERMIT FEE SCHEDULE
8.
(1)
(2)
(3)
The application fee for a building permit is shown in the schedule of fees
-
Schedule
"A".
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
ownersor the owner's representative
statement
of costs or constructors
contract
values, or similar methods selected by the local authority or the building official.
It a deposit
is collected it shall, on request
by the owner or owner's
representative,
be refundable onsatisfactory
completion ofthe work or on
approval of use or occupancy
of the building by the local authority or the building
of?cial.
(4)
Permit fees shall be doubled where work is commenced
prior to issuance of a
building permit.
(5)
Approval in writing by the building of?cial
is required for any deviation, omission
or revision to work for which a permit has been issued under this section.
(6)
Building permits are issued on the express condition that the permitted work shall
commence
within a period of six months from the date of permit issuance, and
thatthe permitted work, once commenced,
shall proceed in a diligent and
forthright manner to expedite its completion.
a)
All permits issued under this section expire six months from date of issue it
work is not commenced within that period.
b)
Allpermits issued under this section expire if work is suspended for a
period of six months, unless allowed by prior agreement
of City Council or a
building of?cial.
c)
Other arrangements
may be applied for and approved in writing at the
discretion of Council or a building of?cial.
(7)
City Council or a building official 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.
CERTIFICATE
OF OCCUPANCY
9.
(1)
a)
No person or owner shall permit occupancy
or use of a newly constructed
building, or a building which has undergone
a signi?cant change or use, or
major renovation without first obtaining an occupancy
inspection
and issued
a certificate of occupancy
from the local authority.
b)
Newly constructed
buildings, and buildings which have undergone
a change
M-ll
(El)
in use, change
in occupancy or major renovations shall comply with the
construction requirements the Act and the regulations.
0)
A certificate of occupancy willbe issued upon satisfaction of the building
official that life safety and building safety shall not be jeopardized
due to
non--comp|iant,deficiencies or incomplete work.
:1)
It a certificate of occupancy is refused, the building of?cial shall notify the
applicant and or owner in writing and shall indicate the reason for the
refusal and remedial action required.
UNSAFE CONDITIONS
10.
(1)
a)
No owner of a building, agent,
contractor,
employee, successor or assignee
of an owner of a building; or the registered
owner of land on which the
building is situated; shall cause,
authorize or maintain any unsafe condition
in the construction, addition, erection, placement, alteration, repair,
renovation, demolition, relocation, removal, use, occupancy
or change of in
occupancy
of a building or part of a building.
b)
The owner of a building shall immediately take all necessary steps to keep
a building or part of a building in a safe condition at all times.
DEMOLITION OR REMOVAL
PERMITS
11.
(1)
a)
The application fee for a permit to demolish or remove a building is shown
in the schedule of fees
- Schedule
b)
In addition, the applicant shall deposit, withthe local authority, the sum of
$1,500.00
/.\
(4)
(5)
.
-~
'-1
~
1
~-
site, roadway, sidewalks, curbs or gutter, after the building has been
demolished or removed to such condition that it is, in the opinion of the
Council or the building official,not dangerous
to public safety.
Ifthe
applicant who demolished or removes the building restores
the site,
roadway, sidewalks, curbs or gutters,
to a condition satisfactory to City
Council or the building official,the sum deposited, or portion thereof, shall
be refunded. The owner shall be responsible
for all costs that may exceed
the deposit amount
c)
The owner shall ensure that rubble and debris from demolition activities is
removed from the site and disposed of in a responsible
manner, in an
approved landfill.Recycling of used building materials is encouraged
whenever
possible.
d)
Building foundations shall be removed from the site, and excavations
shall
be filled and leveled with clean back fillmaterial so as to eliminate water
ponding or adverse drainage of the site. Demolition sites shall be left in a
safe and clean condition.
Every application for a permit to demolish or remove a building shall submitted
and approved by the building of?cial.
Where a building is to be demolished and 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, the local authority shall, upon receipt of
the fee and deposit prescribed, issue a permit for the demolition, signed and
approved
by City Council or building of?cial.
Where a building is to be removed from thejurisdiction
of the local authority, and
the local authority is satis?ed 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 shall, upon receipt of the fee and deposit prescribed, issue a
permit for the removal.
Where a building is to be removed from its site and set upon another site in the
jurisdiction of the local authority and the local authority is satis?ed that there are
M-11(3)
(5)
'12.(1)
(4)
no debts or taxes inarrears 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 City Council or its building
of?cial, will comply with the requirements
of this bylaw, the local authority shall,
upon receipt ofthe fee and deposit prescribed, issue a permit torthe
removal,
signed and approved by City Council or its building official. The local authority or
its building of?cial
may refuse the permitfor relocation for reasons listed in
subsection
7(4).
All permits issued under this section expire six months from the date of issue
except that a permit may be renewed for six months upon written application to
the local authority.
_ MOVING PERMITS AND REGULATIONS
No person shall move any building into, or through thejurisdiction
of the local
authority, without having ?rst made an application and issued a moving permit
from the building official. Application shall be made on a form approved
by the
building of?cial.
The local authority may refuse the application for a permit for the relocation of a
structure where the proposed
site and building to be placed on the site does not
comply with the current City of Weyburn Zoning Bylaw or ifthere are non-
conformities with regards to minimum building standards
as set out in the Act,
Regulations,
or National Building Code.
The application fee for a moving permit is shown in the schedule of fees
-
Schedule
No person
shall
building
(10)
(11)
havingreceived written
approvalotthedateandtime o%iiié'.%{t§\Ie'f'and
approval
of the route proposed
to be used.
Immediately after the building has reached its new site the Local Authority shall
be advised of the completion of the move.
Written approval of utilitycompanies must be obtained approving the route to be
used for moving a building. The owner is responsible
for any costs associated
for
raising or protecting power lines or other utility structures.
Every application for a moving permit under Section 8. shall include a deposit in
the sum of ?ve hundred dollars ($500.00) with the local authority and provide
proof thatthe mover is covered by satisfactory insurance,
including public
liability, to the end that the City shall be indemni?ed and saved harmless in
connection with any claims, losses, damages,
actions, or demands
it may sustain
directly or indirectly resulting from the granting of the said permit. The deposit fee
shall be refunded to the applicant less any costs incurred in repairing or replacing
property which was damaged
as a result of the move.
No person engaged
or employed in moving any building shall handle or permit to
be handled, cut or disconnect, damage orintertere
with any telephone or electric
light wires, gas lines or water and sewer lines and connections.
No person engaged
or employed
in moving any building shall use any hydrant,
telephone
or electric light pole for the purpose of anchoring
any rope or other
instrument used in moving buildings.
Except as allowed by subsection
(12), it shall be unlawful for any person to move
any building or structure into the jurisdiction of the City of Weyburn
or locating
same therein; and no permit shall be issued for said purposes.
It shall be permitted for any person
to move a building into the City of Weyburn
provided the following conditions are complied with:
a)
said building is of new construction, has never been lived in by any person
or persons, whether said building be completely or partly constructed,
or in
a prefab or pre-cut form or
M-11(ii)
(12)
b)
d)
the building complies with building relocation policy as adopted
by City
Council from time to time.or
Special approval
has been granted by City Council, in unusual
circumstance, and
the owner shall apply for and obtain from the building official a moving
permit to move said building into the City.
Before any moving permit shall be granted under clause 11 cl),the owner must:
3)
13)
provide satisfactory proof that the building has been constructed
in
compliance with this Bylaw; and
provide an inspection report ofthe building's compliance with the building
bylaw, the Act or the regulations
by a competent person approved by the
building ot?clal, or in the event that the building has not been inspected,
and is within a 30 kilometer radius of the jurisdiction ofthe local authority'
the owner shall pay an inspection fee of One Hundred Fifty($150.00)
Dollars plus travel costs equal to one $1.00 per kilometer to the site and
back, forthe inspection
of the building, and it acceptable,
approval granted.
Inspections
do not include electrical or plumbing works and it is the owner's
responsibility to have these works inspected and approved by the proper
authorities and submit evidence of approval to the building official.
SPECIAL CONDITIONS
13.
(1)
An owner or the owner's
representative
that undertakes
to construct or have
scope
(3)
(5)
(5)
.-
,,-,,_
_
-
have
an architect
or engineer complete thedesign or
esign
review
0.
a)
the building; and
b)
all building systems.
An owner or owner's representative
that undertakes
to construct or have
constructed a building with a structure that is withinthe 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.
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 ofthe structure
to ensure
compliance with the
design; and
c) the reviews required by the NECB.
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; 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.
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.
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 the
building official or the local authority on the request of the building of?cial or local
authority, as the case may be.
r-x
M41 la)
(7)
(9)
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 ofthe
building; or
b) an adjacent building.
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 alterthe
building or part of the building to bring it
into compliance withthe NBC.
All newly constructed residential dwellings are required to have a sump pump
system according to the following regulations;
a)
A sump pump shall be installed in the sump pit;
b)
The sump pump discharge shall be piped in a manner so that the ground
water is discharged
to the street or avenue side of the building. The ground
water shall be discharged
in a manner so itwillnot return to the granular
layer located directly adjacent to the footing and exterior wall of the
basement
foundation;
c)
The installation of the sump pump and all piping, connectors,
couplings, and
fasteners
shall conform to the requirements of the current plumbing and
electrical codes.
d)
it is the responsibility of the homeowner to ensure that the sump pump is
operational
and functioning at all times.
e)
Sump pumps shall not be connected to the local authority's sanitary sewer
system.
ENFORCEMENT
OF BYLAW
(1)
permit
may
be
(2)
(4)
fees due and owing under this bylaw, or who has failed to remedy a defect in
construction under a previous pennit, or where the Local Authority determines
that the work proposed
does not conform with requirements,
or for such other
reasons
as the local authority deems advisable.
If any building or parttnereof,
or addition thereto is constructed,
erected, placed,
altered, repaired,
renovated,
demolished, relocated, removed, used, occupied or
is subject of a change in the approved occupancy or reconstructed
in
contravention of any provision of this Bylaw, City Council or the building of?cial
may take any measures including, but not limited to:
a)
at any reasonable
hour, enterland
or a building;
b)
be accompanied
into a building by a person having special or expert
knowledge
on any matter to which this Act or the regulations
relate;
c)
order the production of a register,
certificate
plan or other document
relating in any mannerto
the design, construction, addition, erection,
placement, alteration,
repair, renovation, demolition, relocation, removal,
use, occupancy or change of occupancy
of a building and may examine
and make copies of the document;
d)
inspect and take samples of any material, equipment or appliance being
used in the design, construction, addition, erection, placement,
alteration,
repair. renovation, demolition, relocation, removal, use, occupancy
or
change of occupancy
of a building;
e)
issue an order pursuant to this Act;
f)
eliminating unsafe conditions and or a condition that constitutes an
imminent risk or danger to the safety of occupants
or the public;
9)
completing actions, upon an owner's non-compliance with an order, and
adding the expenses incurred to the tax payable on the property,
and
h)
obtaining restraining
orders.
if any building, or part thereof, is deemed
by the building official in an unsafe
condition or a condition that constitutes an imminent risk or danger to the safety
of occupants
or the public due to its faulty construction, dilapidated
state,
abandonment,
open or unguarded
condition or any other reason, the building
of?cial
may take any measures allowed by subsection
(2).
The owner of a building for which a permit has been issued or for which actions
M-11 (a)
are being taken in compliance with an order shall give 48 hours notice in writing
to the local authority for the followingstages of a project or development, unless
otherwise stated by the building of?cial, including, but not limited to:
3)
b)
C)
d)
6)
T)
9)
*1)
i)
i)
k)
|)
The start of construction,
Prior to back?lling drain tile or weeping tilesystems,
Prior to back?ll of damp roo?ng or foundation systems,
upon completion of ground preparation for slab placement,
Upon completion of structural framing and sheathing systems ,
Upon completion of insulationand vapour barrier installation,
Upon installation, deactivation, or signi?cant change to ?re alarm or ?re
suppression systems,
Prior to occupancy of a building,
Inthe event of a change inownership priorto completion of construction,
and
Inthe event of intended partial occupancy priorto completion of
construction.
As otherwise specified in building permit approval conditions, and
Shall not cover up or conceal such work without authorization in writing
from the Local Authority. in the event work is concealed without
authorization, the building of?cial may order the work to be uncovered to
facilitate a required inspection.
(5)
The local authority or the building cf?cial 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.
PENALTY
15.
(1)
Any person who contravenes
any of the provisions of this building bylaw may be
penalties
provided
(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.
(3)
The owner of property on whicha Stop Work Order has been posted by the
building of?cial, and every other person working for, with or under the owner,
shall immediately cease all construction work until all applicable provisions of this
bylaw have been complied with and the Stop Work Order has been rescinded in
writing, by the building of?cial.
SEVERABILITY
16. (1)
Ifany section, subsection, sentence, clause.phrase, or other portion of this
bylaw is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, that portion shall be deemed to be a separate, distinct, and
independent provision and the holding of the court shall not affect the validity of
the remaining portions ofthe bylaw.
NOTIFICATION
17. (1)
The owner or the ownersrepresentative of a building to be constructed shall
ensure that the local authority is noti?edof:
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 speci?ed event at the speci?ed time.
(2)
Before commencing work at a building site, the owner or ownersrepresentative
shall give notice to the local authority of:
a) the date on which the owner or the ownersrepresentative
intends to
commence the work; and
b) subject to subsection (8), the name, address and telephone number of:
i4
the constructor
or other person in charge
of the work;
M41 (al
(3)
(4)
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.
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 ?rm mentioned in clause (2)(b);
b) the owner or the ownersrepresentative
intent to do any work that has been
ordered by a building officialor local authority to be inspected
during
construction;
c)
the owner orthe owner's representative
intent to do any work that has been
ordered by a building of?cial or local authority to be inspected
before
enclosure;
d)
subject to subsection
(8), any proposed deviation from the plan 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.
Subject to subsection (8), the owner or the ownersrepresentative
of a building
under construction shall give notice to the local authority of:
a)
any change
in ownership or charge in address
of the owner or the owner's
representative
that occurs before issuance of an occupancy certificate as
soon as the change occurs; and
b)
the owner or the owner's representative
intention to occupy a portion of the
building if the building is to be occupied in stages.
(5)
building
agents.
(5)
(7)
(8)
18.
(1)
REPEAL
repealed.
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7
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r---;----~,
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 oftne occurrence of the
following that causes or has the potential to cause
serious
injury or loss of life:
a)
a structural failure ofthe building or part of the building;
b) failure of any equipment, device or appliance
that is regulated by the Act or
the regulations.
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 ofthe constructor ofthe 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).
On receipt ofthe 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.
Notice given pursuant to clause (2)(b), (3)(a), (3)(d), (3)(e) or subsection
(4) is to
be in writing.
EFFECTIVE DATE
This bylaw shall come into force and take effect on the date on which it is
approved
by the Minister.
Bylaws 2023-3456, 2022-3451 and 2012-3241 and all amendments
thereto are hereby
M-It
(a)
' Mayor
-
Enacted pursuani ia Sedion
11 ofTne Cunstruciion Codes Act.
READ a first time this 11"'day of September,
AD., 2023.
READ a second time this 10"'day of October, AD., 2023.
READ a third time this 10"'day of October, A.D., 2023, and passed.
/'~..
M11 (3)
Schedule
"A"
-- Building
Bylaw Fees
Fee calculation
Minimum Fee
[ Building
Permits
Permit
MinimumFee for
$7.00 per $1000 of project
$100.00
Class 1 Building
value*
1 Permit
Minimum Fee for
$7.00 per $1000 of project
$175.00
Class 2 Building
value'
Permit
Minimum Fee for
$7.00 per $1000 of project
For project value less than
Class 3 Building
value*
$100,000:
Minimum Fee of $1,000
For project value more than
$100,000:
Minimum Fee of $2,000
Construction without
a Building Permit
Permit fee is doubled
Additional
Inspections (If
callback inspections
are required due to
deficiencies)
Moving Permit
$80 per inspection
Orin the case of inspections
by a contracted company,
the
cost invoiced to the city for the
additional inspections plus
$10.00
administration fee.
$80.00
Moving Permit
$500.00
Deosit
refundable
l
Demolition
or Removal
Permits
Residential (single
detached
or semi
detached)
and
residential accessory
structures
$80.00
Commercial or Multi- I
unit residential
$150.00
Permit Deposit
~
Demo|itionIRemova|
refundable
$1,500.00
*Project value: Total value of building in its completed form. Includes: cost of design,
building work, materials of construction, building systems,
labour and overhead,
and pro?t
of the contractor
and subcontractors.
Altus Group Guide for Canadian
Cost of Construction
lised
if project appears to be undervalued.