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CITY OF YORKTON
BYLAW NO. 2/2024
A BYLAW OF THE CITY OF YORKTON IN THE
PROVINCE OF SASKATCHEWAN TO
ESTABLISH PROCEDURES FOR THE ISSUANCE
AND ENFORCEMENT OF BUILDING PERMITS
AND TO PROVIDE FOR FEES THEREOF
Disclaimer:
This information has been provided solely for research convenience.
Official bylaws are available for the Office of the City Clerk and
must be consulted for purposed of interpretation and application of
the law.
Bylaw No. 2/2024 - The Building Bylaw
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City of Yorkton
Saskatchewan
Bylaw No. 2/2024
A Bylaw of the City of Yorkton in the Province of Saskatchewan to Establish Procedures
for the Issuance and Enforcement of Building Permits and to Provide for Fees Thereof
WHEREAS, pursuant to Part 4, section 17 of The Construction Codes Act, a local authority
may make a bylaw to administer and enforce permits for building construction and occupancy;
NOW THEREFORE, the Council of the City of Yorkton in Council assembled hereby
enacts as follows:
1.
Short Title
This bylaw may be cited as "The Building Bylaw".
2.
Provincial Statutes Notwithstanding
The regulations in this bylaw are in addition to those contained in The Construction Codes Act
and The Building Codes Regulations and The Energy Code Regulations of the Province of
Saskatchewan.
3.
Definitions
Definitions contained in The Construction Codes Act, The Building Code Regulations and the
Energy Code Regulations shall apply in this bylaw.
Unless otherwise stated, the words and phrases in this section shall have the following meaning
when used in context to this bylaw:
Accessory building means a separate building or structure located on the same site as the
principal building and includes private detached garages. It does not include a building or
structure used for human habitation.
Alteration means a change or extension to any matter, thing or occupancy that is regulated by
The Construction Codes Act, but does not include an addition.
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Construction Standards means the standards described in Part 2 of The Construction Codes Act.
City means the City of Yorkton.
Development Permit means a permit issued by a City of Yorkton Development Officer, that
authorizes development or the use of a building or property for the purpose stated in the permit,
but does not include a Building Permit.
Dwelling, Manufactured Home means a factory constructed transportable single or multiple
section detached dwelling conforming to the CAN/CSA A277 or CAN/CSA Z240 MH series
certified standards at the time of manufacture designed with steel frame substructure and is ready
for residential occupancy upon completion of set-up in accordance with required factory
recommended installation instructions including placement on a foundation and connection to
utilities.
Dwelling, Modular means a finished factory constructed single or multiple section dwelling,
detached designed with a wood frame substructure intended to be relocated in modules or as a
single unit, assembled and placed on a permanent foundation. Finished means fully enclosed on
the exterior and interior but may not include interior painting, taping, and installation of cabinets,
floor covering, fixtures, heating system, and exterior finishes.
Extra Inspection means an inspection that is requested at a certain stage of construction that is
in addition to a typical scheduled inspection conducted by a Building Official.
Finished Grade means the elevation of the finished ground surface at the foundation of a
building, or at a specific point or any given location on a lot.
Foundation means that portion of a building structure that transfers the weight of the building
into the ground.
Local Authority means the City of Yorkton.
Lot Grading Plan means a plan that specifies design elevations, surface gradients, swale
locations, and other drainage information required for lot grading.
Parcel means any quantity of land, consisting of one or more lots, that is capable of being
described with such definiteness that its location and boundaries may be established.
Redevelopment means any new construction on a site that has a pre-existing use.
Replacing means to take the place of something that already exists.
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Secondary Suite means a self-contained dwelling unit with a prescribed floor area located in a
building or portion of a building of only residential occupancy that contains only one other
dwelling unit and common spaces, and where both dwelling units constitute a single real estate
entity.
Storage Garage means a garage exclusively used for the storage of motor vehicles and where no
repair facilities are maintained.
Structure means anything constructed or erected that is located on or in the ground.
The Act means The Construction Codes Act.
The 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.
The 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.
The Regulations means The Building Code Regulations and The Energy Code Regulations as
applicable.
Value of Construction means 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, overhead and profit of the contractor and subcontractors.
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4.
Scope of the Bylaw
4.1 This bylaw applies to matters governed by the following:
a) The Act;
b) The Regulations;
c) The NBC and
d) The NECB.
5.
Permits - General
5.1 A Building Permit is required for any work regulated under The Act, The
Regulations pertaining to The Act and the latest adopted edition of the NBC and the NECB
and shall include but not be limited to:
a) new building construction;
b) garages and accessory buildings greater than 10m² (107.6ft ²);
c) alteration or addition to an existing building or structure;
d) secondary suites;
e) decks over 457mm (18 inch) above grade and/or greater than 5.57m² (60ft²), and
roof enclosures over existing or new decks;
f) basement development of a new or existing dwelling;
g) swimming pools;
h) structural changes to existing buildings;
i) new and used ready to move (RTM) buildings and mobile homes;
j) change of occupancy or use of an existing building;
k) demolition of structures greater than 10m² (107.6ft² ); and
l) demolition of interior commercial spaces designed pursuant to Division B,
Part 3 of the NBC as determined by Building Services.
5.2 No property owner or property owner's agent shall work, authorize work or allow
work to proceed on a project for which a Building Permit is required unless a valid
Building Permit has been issued for the work to be done.
5.3 Anyone who commences work without first obtaining a Building Permit, the permit
fee shall be doubled.
5.4 Every application for a Building Permit regarding the construction, erection,
placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy
or change of occupancy shall be made to the City and shall be accompanied by the required
submittal material as described in Section 11 of this bylaw.
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5.5 The City may, at its discretion, have plan review, inspection and other services for the
purpose of enforcement of The Act and The Regulations provided by Building Officials
designated by the Minister, to assist the City pursuant to subsection 16(5) of The Act.
5.6 The City may, at its discretion have plan review, inspection and other services
provided by a person, firm or corporation employed under contract to the City.
5.7 The granting of any permit under this 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 building restriction
agreement, bylaw, and/or statute affecting the property described in the Building
Permit; or
b) Make either 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 Building Permit, does not comply
with the requirement of any building restriction agreement, bylaw, and/or statute
affecting the site described in the Building Permit.
5.8 It is the responsibility of the owner to ensure that City infrastructure is not damaged
during construction or demolition. In the event that City infrastructure is damaged, it is the
responsibility of the owner to repair the damages to the current City standard within 30
days of the completion of the construction or demolition.
6.
Partial Building Permits
6.1
In some cases work on a project may need to be expedited. In such instances an
application may be made to issue a Building Permit for only a portion of the work prior to
the issuance of a Building Permit for the entire project. In such a case, the applicant is
responsible to submit complete plans and specifications for the portion of the work
requiring a Building Permit.
6.2 The Building Official shall determine at their discretion, whether or not to issue a
Partial Building Permit. Where such a permit is issued, the Building Official gives no
assurances that a Building Permit for the remainder of the work will be granted.
6.3 Any work completed under a Partial Building Permit shall be subject to the
provisions of this bylaw.
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6.4 The fee for a Partial Building Permit is based on the value of construction for the
work approved by it.
7.
Demolition Permits
7.1 Any existing building, structure or portion thereof within the City may not be
demolished without the approval of a Building Official in the form of a Demolition Permit.
7.2 No Building, Demolition or Removal Permit is required for any residential accessory
building which is 10m² (107.6 ft²) or less. Notwithstanding the foregoing, the construction
of same shall conform to all other requirements of The Act, The Regulations, and City
bylaws.
7.3 Residential Demolition Permits expire 30 days from the date of issue. No extension
shall be granted without re-application and full permit fee payment (Schedule A).
7.4 Non-residential Demolition Permits expire 90 days from the date of issue. A
Demolition Permit may be renewed for an additional 30 days upon written approval from a
Building Official and payment of the base permit fee (Schedule A).
7.5 The property owner is responsible for obtaining an approved route from the City for
the transportation of debris to an approved location.
7.6 The necessary blocking of any street, lane, or sidewalk during demolition must have
prior written approval from the City.
7.7 It is the responsibility of the property owner, at their own expense, to supply and
maintain any required barricades or fencing in order to protect the public from the
demolition work in progress.
8.
Plumbing Permits
8.1 All plumbing permits are to be obtained per the requirements of the latest edition
of The Plumbing Code Regulations.
9.
Occupancy Permits
9.1 No person shall occupy any building without first obtaining an Occupancy Permit
from a Building Official.
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9.2 Every building which requires an Occupancy Permit shall comply with the
construction requirements for the occupancy group to be housed therein.
9.3 When an Occupancy Permit is refused, the Building Official shall notify the applicant
in writing and shall indicate the reason for the refusal.
10. Temporary Occupancy Permits
10.1 The Building Official may issue a Temporary Occupancy Permit for part of a
building providing that such temporary occupancy or use would not jeopardize life safety.
10.2 A Temporary Occupancy Permit may be renewed for periods of thirty days. No
building shall be occupied under a Temporary Occupancy Permit for a period of more than
six months.
10.3 Extra inspections required for the issuance of a Temporary Occupancy Permit are
subject to the fees described in Schedule A.
11. Required Application Material
11.1 Every application for a Building Permit to construct, erect, place, alter, repair,
renovate, or reconstruct a building shall be made to the Building Official and shall include
the following:
a) A completed Building Permit application form;
b) Two sets of plans for one and two unit dwellings; and/or
c) Three sets of plans for all other buildings along with two sets of specifications or
other documents (when requested).
11.2 The drawings and documents that are required at the time of Application for any
building are to be identified by the City of Yorkton, Department of Building Services. The
list of required submittal material may be amended from time to time.
12. Building Permit Issue
12.1 If the work described in an application for a Building Permit, to the best of the
knowledge of the Building Official complies with the requirements of this Bylaw, The Act
and The Regulations, the City, upon receipt of the prescribed fee, shall issue a Building
Permit.
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12.2 Approval in writing is required from the Building Official for any deviation, omission
or revision to the work for which a Building Permit has been issued.
12.3 Revised plans may be required from the Building Official for any deviation, omission
or revision to the work for which a Building Permit has been issued.
13. Fees
13.1 The permit fees are as prescribed in Schedule "A" of this bylaw.
13.2 The City may estimate the value of construction for the work described in any
application for the purpose of calculating the Building Permit fee. This could occur when
the applicant for a permit is unsure of the value of construction at the time of application.
This estimate will be based on established construction costs.
13.3 The City may, at its discretion, rebate a portion of the permit fee where the final value
of construction is less than the initial estimate. It is the applicant's responsibility to provide
all documentation that clarifies the revised value of construction to the Building Official.
13.4 Whenever any work for which a Building Permit is required under the provisions of
this Bylaw has commenced without the receiving of the Building Permit; a special
inspection of the work completed to date will be required by the Building Official. The
fee for this inspection is as prescribed in Schedule A and will be added to the total cost of
the Building Permit fee once it is obtained.
13.5 Extra inspections will be charged as prescribed in Schedule A. Extra inspections shall
be defined as the following:
a) Inspections outside regular office hours;
b) Inspections required due to a revision of approved plans; and
c) Inspections for the purpose of issuing Temporary Occupancy Permits.
13.6 Extra inspections conducted by a contracted inspection company will be charged as
prescribed in Schedule A.
14. Building Permit Expiration
14.1 All Building Permits expire:
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a) Within one year from the date of issue - Building Permits may or may not be
extended only by applying in writing to the Building Official for consideration;
b) If the work authorized by the Building Permit is not commenced within six
months of the date of issue of the Building Permit; or
c) If the work authorized by the Building Permit is suspended for a period of six
months.
14.2 When the Building Permit has expired, it is the responsibility of the applicant to apply
for a new Building Permit or request that the Building Official issue a letter allowing the
extension of the Building Permit.
14.3 Application for a new Building Permit will be subject to the Building Permit fees
applied to a new application as prescribed in Schedule A.
15. Powers and Responsibilities of the City
15.1 The City is responsible for the administration and enforcement of the Building
Bylaw.
15.2 The City may, at its discretion, require plan review, inspections and other services for
the purpose of enforcing this bylaw.
15.3 The City may, at its discretion, have plan review, inspection and other services
provided by a person, firm or corporation employed under contract to the City.
15.4 The City shall keep copies of all applications, and other documentation received as
part of a Building Permit application for a period of time as required by law.
16. Powers and Responsibilities of the Building Official
16.1 The Building Official may issue Orders in cases where the provisions of this bylaw
have been contravened.
16.2 The Building Official may not assist in the design or layout of any work for the
purpose of applying for a Building Permit.
16.3 The Building Official may refuse to issue a Building Permit as a result of the
following:
a) Any required Development Permit has not been obtained;
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b) The information submitted for plan review is determined to be inadequate or
incomplete;
c) Proposed design, materials and methods of construction do not comply with the
requirements of the current adopted edition of the NBC and the NECB; or
d) Drawings have not been sealed by a registered Architect or Engineer when
required.
16.4 The Building Official may revoke a Building Permit by written notice to the Building
Permit holder if:
a) Any deviations from the approved plans are found in the construction;
b) There is a contravention of any of the conditions of approval under which the
Building Permit was issued;
c) The Building Permit was issued in error; or
d) The Building Permit was issued on the basis of incorrect or misleading submittal
material.
16.5 The Building Official may issue a Stop Work Order in the following circumstances:
a) Construction work is being performed without a valid Building Permit;
b) The work is not being performed in accordance with the Building Permit
conditions of approval; or
c) Violations affect the safety of workers or the general public.
17.
Enforcement
17.1 If any construction activity is found to be in contravention of this bylaw; the Building
Official may take measures as permitted by Part 8 of The Act.
17.2 For the purpose of ensuring compliance with this Bylaw, a Building Official has the
legal authority to:
a) Enter a building where evidence indicates that work is being done without a valid
Building Permit;
b) Order the production of documents, tests, engineers reports, certificates etc.
relating to a building;
c) Take material samples;
d) Issue notices to owners that order actions to be taken within a prescribed time
period;
e) Eliminate unsafe conditions;
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f)
Complete ordered actions when an owner refuses to comply - the expenses
incurred for such work will be added to the tax payable on the property; and
g) Obtain restraining orders.
17.3 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, a
Building Official may take any measure as described in Section 17.2 of this bylaw.
17.4 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 Building
Official as required in section 7 of The Act under the following circumstances, including,
but not limited to:
a) The start and completion of construction;
b) A change in ownership during any phase of construction; or
c) An intended partial occupancy prior to the completion of construction.
17.5 Occupation of any building prior to the issuance of an Occupancy or Temporary
Occupancy Permit will be subject to the disconnection of water service for that building at
the request of the Building Official.
17.6 Any Secondary Suite for which a Building Permit has not been issued that is
discovered in a one or two unit dwelling constructed prior to the May 1, 2013 adoption of
the 2010 NBC , will be subject to the provisions defined within the current Property
Standards Bylaw. Any Secondary Suite discovered in a one or two unit dwelling
constructed after the May 1, 2013 adoption of the 2010 NBC, will be subject to the
provisions of the current edition of the NBC in force at the time of discovery.
18.
Control of Grade Elevations
18.1 Grades for all projects are to follow the requirements of a Lot Grading Plan.
18.2 It is the responsibility of the property owner to ensure that final grading is in
conformance with a Lot Grading Plan.
18.3 Any issues that arise that adversely affect a neighboring property, lane or street that
are the result of improper adherence to a Lot Grading Plan are the responsibility of the
property owner to rectify at their own expense.
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19.
Special Conditions
19.1 A Registered Architect or Professional Engineer registered in the Province of
Saskatchewan shall be engaged by the property owner for assessment of design and
inspection of construction or certification of a building or part of a building where required
by a Building Official.
19.2 An up-to-date plan or survey of the site described in a Building Permit application
prepared by a Registered Land Surveyor shall be submitted by the property owner where
required by a Building Official.
19.3 It shall be the responsibility of the property owner to arrange for all permits,
inspections and certificates required by other applicable bylaws, and statutes.
19.4 For a Residential Occupancy, where a garage is attached to a dwelling unit, a fire
separation with a 45 minute fire resistance rating will be required between the dwelling unit
and the attached garage. Passage doors providing direct access to the dwelling unit from the
attached garage will have a twenty (20) minute fire protection rating and shall be designed
and installed as per the NBC.
20.
Penalties
20.1 Any person who contravenes any of the provisions of this bylaw shall be liable to the
penalties outlined in section 39 of The Act.
20.2 Conviction of a person or corporation for breach of any provision of this bylaw shall
not relieve them from compliance therewith.
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21.
Repealing Bylaw
City of Yorkton Bylaw No. 4/2017, and all amendments thereto, are hereby repealed.
22.
Effective Date of Bylaw
This Bylaw shall come into force and take effect from the date on which it is approved by the
Minister of Government Relations.
MAYOR
CITY CLERK
Introduced and read a first time this 26th day of February, A.D., 2024.
Read a second time this 18th day of March, A.D., 2024.
Read a third time and adopted this 18th day of March, A.D., 2024.
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SCHEDULE "A"
A Building Permit shall not be issued nor considered valid without payment of fees as prescribed
in the following table and shall be determined based on the calculations derived from the
following criteria.
1. Building Permit Minimum Fee
$75.00
(a) Main Floor Level / Additions
$0.90/ft² ($9.69/m²)
(b) Additional Levels
$0.40/ft² ($4.30/m²)
(c) Basement Development
$0.25/ft² ($2.69/m²)
(d) Secondary Suite
$0.55/ft² ($5.92/m²)
(e) Garages / Accessory Buildings (Attached or Detached)
$0.35/ft² ($3.77/m²)
(f) Residential Deck
$80.00
2. Extra Inspections
Building Permit fees are based on the service rendered and each project has a
standard set of inspections. A single callback inspection to deal with an
identified concern is considered to be standard operating procedure. If an
inspection requires more than a single callback, this shall be treated as an added
service and the Building Permit applicant shall be invoiced for the service.
$75.00. per inspection
3. Extra Inspections Performed by Contracted Inspection Company
Cost of inspection
invoiced to City
4. One and two unit Dwelling and Residential Accessory Building Demolition
$75.00
5.
Multi-dwelling and Commercial Demolition
$150.00 plus $8.00 per
1076.4ft² (100m²)
6.
All Other Construction Not Noted Above
(a) First $5,000,000 of construction value
$5.00 per $1,000
Construction Value
(b) Next $20,000,000 of construction value
$2.50 per $1,000
Construction Value
(c) After $25,000,000 of construction value
$1.25 per $1,000
Construction Value
7. SAMA Inspection Fee for all Permits
As required by SAMA
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