Bylaw Number 03 – 19

 

            A BYLAW TO AMEND BYLAW No.  93-12 KNOWN AS THE BUILDING BYLAW

 

 

The Council of the Town of Canora, in the Province of Saskatchewan, enacts to amend Bylaw No. 93-12 as follows:

 

            1)            Striking out Section 5(6) and inserting in its place the following:

 

5(6)             The permit fee for construction, erection, placement, alteration, repair, renovation or reconstruction of a building shall be the cost of those services provided by a person, firm or corporation employed  under contract to the municipality as per Section 5(5) and as well an administration fee based on the following fee schedule:

 

a)            One and two-unit dwellings and accessory buildings

-         $25 for up to $3,000.00 of value

-         $2.00/$1,000.00 of value over $3,000.00 value

 

b)            all other buildings at $5.00/$1,000 of value

           

2)         This bylaw shall come into force upon the date of its final passing thereof

 

Bylaw Number 93-12

A BYLAW RESPECTING BUILDING

 

The Council of the Town of Canora, in the Province of Saskatchewan enacts as follows:

 

SHORT TITLE

1.         This bylaw may be cited as the Building Bylaw

 

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)      “Regulations” means regulations made pursuant to the Act.

 

(3)       “Administrative Requirements” means The Administrative Requirements for Use with The National Building Code 1985.

           

            (4)            “Municipality” means the Town of Canora.

 

            (5)            “Council” means the Council of Town of Canora.

 

(6)       Definitions contained in the Act and regulations shall apply in this bylaw.

 

SCOPE OF THE BYLAW

3.         (1)            The Uniform Building and Accessibility Standards Act and

Regulations and the Administrative Requirements.

 

            (2)            The National Fire Code of Canada

 

(3)       Notwithstanding subsection (1) references and requirements in the Administrative Requirements respecting matters regulated by the Act and Regulations shall not apply.

 

            (4)            Notwithstanding subsection (1) references and requirements in the

                        Administrative Requirements respecting “occupancy permits” shall

                        not apply except as and when required by Council or its authorized

                        representative.

 

GENERAL

4.         (1)            A permit is required whenever work regulated by the Act and

Regulations is to be undertaken.

 

(2)       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.

 

(3)       The granting of any permit which is authorized by this bylaw shall not:

 

(a)            entitle the grantee, his successor or assigns or any one on his behalf to erect any building that fails to comply with the requirements of any building restrictions agreement, bylaw, Act and /or regulation affecting the site described in the permit, or

(b)            make either the municipality or any municipality liable for damages or otherwise by reason of the fact that a building, the placement, erection, construction, alteration, repair, renovation or reconstruction of which has been authorized by permit, does not comply with the requirements of any such building restriction agreement, bylaw, Act and/or regulation.

 

BUILDING PERMITS

5.         (1)            Every application for a permit to erect, place, construct, alter, repair, renovate or reconstruct a building shall be in Form      “A” as appended to this Bylaw, and shall be accompanied by two sets of the plans and specifications of the proposed building, except that when authorized by an inspector plans and specifications need not be submitted.

 

(2)       An inspector may require submission of an up-to-date plan or survey prepared either before construction begins or upon completion of work by a registered land surveyor, as a condition of permit approval.

 

(3)       If the work described in an application for building permit, to the best of the knowledge of the Council or its authorized representative, complies with the requirements of this bylaw, the municipality, upon receipt of the prescribed fee, shall issue a permit in Form “B” as appended to this bylaw and return one set of submitted plans to the applicant.

 

(4)       Council may, at its discretion, have plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by an inspector or inspectors designated by the minister to assist the municipality pursuant to subsection 4(4) of theAct.

 

(5)       Council may, at its discretion, have plan review, inspection and other services provided by a person, firm, or corporation employed under contract to the municipality.

 

(6)       The permit fee for erection, placement, construction, alteration, repair, renovation or reconstruction of a building shall based on the following fee schedule.

 

Building Permit Fee Schedule

           

(a)            one and two unit dwellings and accessory buildings

-         $25.00 for up to $3000.00 of value

-         $2.00/$1000.00 of value over $3000.00 value

 

(b)            all other buildings at $5.00/$1000.00 of value

 

(7)       Approval in writing from Council or its authorized representative is required for any deviation, omission or revision to work for which a permit has been issued under this section.

 

(8)       All permits issued under this section expire:

           

(a)            six months from date of issue if work is not commenced within that period, or

 

(b)            if work is suspended for a period of six months, or longer by prior written agreement of the Council.

 

(9)       Council 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.

 

DEMOLITION OR REMOVAL PERMITS

6.         (1)            (a)            fee for a permit to demolish or move a building shall be $15.00.

           

(b)            In addition, the applicant shall post a performance bond payable to the Council or its authorized representative considers sufficient to cover the cost of restoring the site after the building has been demolished or removed to such condition that it is, in the opinion of the Council or its authorized representative, not dangerous to public safety. If the applicant who demolishes or removes the building restores the site to a condition satisfactory to Council or its authorized representative, the performance bond shall be voided by the Municipality.

           

(2)       Every application for a permit to demolish or remove a building shall be in Form “C” as appended to this bylaw.

 

(3)       Where a building is to be demolished and the municipality 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 municipality, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition in Form “D” as appended to this bylaw.

 

(4)       Where a building is to be removed from the municipality, and the municipality is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or and on which the building is situated the municipality, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form “D” as appended in this bylaw.

 

(5)       Where a building is to be removed from its site and set upon another site in the municipality, and the municipality 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 Council or its authorized representative, will conform with the requirements of this bylaw, the municipality, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form “D” as appended in this bylaw.

 

(6)       All permits issued under this section expire six months form the date of issue except that a permit may be renewed for six months upon written application to the municipality.

 

ENFORCEMENT OF BYLAW

7.         (1)            If any building, or part thereof, or addition thereto is erected, constructed, reconstructed, altered, or placed in contravention of the provision of this bylaw, the Council 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:

                       

                        a)            entering a building,

b)            ordering production of documents, tests, certificates, etc. relating to a building,

c)            taking material samples,

d)            issuing notices to owners which order actions within a prescribed time,

e)            elimination unsafe conditions

f)            completing actions, upon an owner’s non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and

g)            obtaining restraining orders.

 

(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 Council or its authorized representative may take any measures allowed by subsection (1).

 

(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 municipality as required in Section 17.2 of the Act including, but not limited to:

 

            a)         on start, progress and completion of construction,

b)     of change in ownership prior to completion of construction,

and

            c)         of intended partial occupancy prior to completion of construction.

 

SPECIAL CONDITIONS

8.         (1)            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 Council or its authorized representative.

 

(2)       It shall be the responsibility of the owner to ensure that change in property lines will not bring the building or an adjacent building into contravention of this bylaw.

 

(3)       It shall be the responsibility of the owner to ensure that change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw.

 

(4)              It shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable Acts and regulations.

 

PENALTY

9.         (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.

 

(2)       Conviction of a person or corporation for breach of any provision of this bylaw shall not relieve him from compliance therewith.

 

10.                   Bylaw numbers 716, 86-11 and 92-18 are hereby repealed.