BYLAW NO. 9-2019

A BYLAW RESPECTING BUILDINGS

The Urban Municipality of the Town of Asquith in the Province of Saskatchewan enacts as follows:

 

1. This Bylaw may be cited as the Building Bylaw.

2. For the purposes of this Bylaw the term:

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) “Administrative Requirements" means The Administrative Requirements for Use with The National Building Code.

3) "Authorized representative" means a building official appointed by the local

authority or the municipal official.

4) "Local Authority" means the Urban Municipality of the Town of Asquith;

5) "Regulations" means regulations made pursuant to the Act;

6) “Value of construction” means the total costs to the owner for the building construction in its completed form and includes the cost of design, all building work, materials of construction, building systems, labour and profit of the contractor and subcontractors.

7) “Work” means any construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy, or change of occupancy of a building.

8) Definitions contained in the Act and Regulations shall apply in the bylaw.

SCOPE OF THE BYLAW

3. 1) This bylaw applies to matters governed by the Act and the Regulations, including administrative Requirements.

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

3) Notwithstanding subsection (1) references and requirements in the Administrative Requirements respecting "occupancy permits" shall not apply except as and when required by the Town of Asquith or its authorized representative.

4) Notwithstanding the exemption for farm buildings, this bylaw regulates all residential occupancies, dwelling units, and houses situated on farmland.

5) An accessory building not greater than 10 m2 (108 ft2) is exempt from this bylaw provided it does not create a hazard.

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 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 its authorized representative 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 affecting the site described in the permit.

BUILDING PERMITS

5. (1) Every application for a permit to erect, place, construct, alter or repair, renovate or reconstruct a building shall be in form "A", and shall be accompanied by two sets of the plans and specifications of the proposed building, except that when authorized by the Town of Asquith or its authorized representative, plans and specifications need not be submitted.

(2) The Town of Asquith or its authorized representative 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 a building permit, to the best of the knowledge of the Town of Asquith or its authorized representative, complies with the requirements of this bylaw, the local authority, upon receipt of the prescribed fee, shall issue a permit in Form "B" and return one set of submitted plans to the applicant.

(4) The Town of Asquith may, at its discretion, have a plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by building officials (s) designated by the minister to assist the local authority pursuant to subsection 4 (4) of the Act.

(5) The Town of Asquith may, at its discretion, have plan review, inspection and other services provided by a person, firm or corporation employed under contract to the local authority.

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

Building Permit Fee Schedule

  1. The permit fee for residential buildings shall be as follows:

  1. dwelling units and houses shall be $5.75 per $1,000.00 of value as determined by the appointed building inspector,

  2. large addition (as per building official) – fee = the higher of $400, or $4.50 per $1,000 of value determined by the appointed building official,

  3. decks – minimum fee = $100,

  4. detached garage/accessory building – minimum fee = $150.

  1. For moving a building into the municipality, the permit fee shall be the same as that for new construction and alterations.

  2. For moving a building out of the municipality, the permit fee shall be $50.00.

  3. Permit fees will also include applicable maintenance fees charged by the Saskatchewan Assessment Management Agency (SAMA).

  4. Permit fees will be collected prior to the issuance of the permit and subject to applicable taxes.

  5. Additional fees may be applied to recover costs for code enforcement and follow-up measures that fall outside the scope of typical code application services, and where multiple site visits become necessary outside the scope of typical code application services, at the discretion of the local authority.

(7) Where additional inspections may be required by the building official, the owner will be responsible for payment of the inspection fee to the Town of Asquith at a rate of $100.00 per inspection.

(8) The Town of Asquith may estimate the value of the construction costs for the work described in an application for building permit, for the purpose of evaluating a permit fee based on the definition of value of construction as per subsection 2.7.

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

(10) All permits under this section expire:

(a) 12 months from the date of issue, or;

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

(c) if work is suspended for a period of six months, or longer by prior agreement of the Town of Asquith.

(11) Where a permit has expired as per subsection 6(10) the owner can make

application to the Town of Asquith for the renewal of the permit application.

Such renewal may be subject to a building permit renewal fee equal to fees

required in subsection 6(6) or some alternate renewal fee.

(12) The local authority may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued, or where exceptional circumstances occur.

DEMOLITION OR REMOVAL PERMITS

6. (1) (a) The fee for a permit to demolish or move a building shall be $100.00.

(b) In addition, the applicant shall deposit with the Town of Asquith such sum as the Town of Asquith 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 Town of Asquith or its authorized representative, not dangerous to public safety. If the applicant who demolished or removes the building restores the site to a condition satisfactory to the local authority or its authorized representative, the sum deposited shall be refunded.

(2) Every application for a permit to demolish or remove a building shall be in Form "C".

(3) Where a building is to be demolished and the Town of Asquith is satisfied there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated, local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the demolition in Form "D".

(4) Where a building is to be removed from the geographical jurisdiction of the Town, and the Town of Asquith is satisfied there are no debts or taxes in arrears or taxes outstanding with respect to the building or land which the building is situated, the local authority, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form "D".

(5) Where a building is to be removed from its site and set upon another site in the geographical jurisdiction of the Town, and the Town of Asquith 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 Town of Asquith or its authorized representative, will conform with the requirements of this bylaw, the Town of Asquith upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form "D".

(6) 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 Town of Asquith.

ENFORCEMENT OF THE BYLAW

7. (1) If any building, or part thereof, or addition thereto is erected, constructed, reconstructed, altered, or placed in contravention of any provision of this bylaw, the local authority or its authorized representative may take any measures as permitted by Part V of the Act for the purpose of ensuring compliance with this Bylaw including, but not limited to:

(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) eliminating unsafe conditions,

(f) completing actions, upon 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 local authority 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 local authority 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.

8. (1) Application of energy efficiency standards for renovations and alterations to

existing buildings is at the discretion of the local authority.

SPECIAL CONDITIONS

9. (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 Town of Asquith 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 arrange for all permits, inspections, and certificates required by other applicable Acts and regulations.

PENALTY

10. (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 on any provision of this

bylaw shall not relieve him of compliance therewith.

11. Bylaw No. 8-2015 is hereby repealed.

________________________________________________

Mayor

{SEAL}

________________________________________________

Chief Administrative Officer

Passed on this 11th day of September 11, 2019.

Certified a true copy of

Bylaw No. 9-2019.

__________________________________________________

Chief Administrative Officer

FORM A to Bylaw No. 8-2015

_________TOWN_________of ____ASQUITH______ , Saskatchewan