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BYLA W 2022-31
A BYLAW OF THE TOWN OF CANMORE, IN THE PROVINCE OF ALBERTA, TO
REGULATE BUILDING PERMITS ISSUED PURSUANT TO THE SAFETY CODES ACT
The Council of the Town of Canmore, in the Province of Alberta, duly assembled, enacts as follows:
TITLE
1
This bylaw shall be known as the "Building Permit Bylaw."
INTERPRETATION
2
In this bylaw
a)
Act means the Scife!J Codes Act, RS.A. 2000, c. S-1, as amended or replaced from time to time,
and regulations made pursuant to the Act;
b)
Applicant means
i)
the owner of a building or property who applies for a Building Permit, or
ii) the authorized representative of the property owner who applies for a Building Permit in
relation to the property;
c)
Building Permit means a permit in the building discipline issued pursuant to this bylaw;
d)
Building Permit Placard means an identification card issued to notify the owner and the public
that a Building Permit has been approved and issued for a property;
e)
Code means the National Budding Code Alberta Edition, as amended or replaced from time to time;
f)
Commencement of Construction means when stripping and grading, demolition, or assembly
activity has begun on a property for the purpose of constructing a project;
g)
Development Permit means a document issued by the development authority pursuant to the
Land Use Bylaw (as amended or replaced from time to time), which authorizes a development
and includes the plans and conditions of approval; Development Permit means a document
issued by the development authority pursuant to the Land Use Bylaw (as amended or replaced
from time to time), which authorizes a development and includes the plans and conditions of
approval;
h)
Development Officer means an official of the Town charged with the responsibility of
processing and reviewing Building Permits, in addition to issuing Occupancy Certificates as it
relates to the Building Permit process;
i)
Energy Code means the National Energy Code of Canada for Buildings as amended or replaced from
time to time;
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Building Permit Bylaw 2022-31
j)
Inspection means the review of completed construction by a Safety Codes Officer to determine
compliance with the Code and the corresponding approved building plans;
k)
New Construction means a building, or a portion of a building, that is newly built, and which
may include the repurposing of an existing foundation;
1)
Master Fee Schedule means the master fee schedule approved by Council, as amended or
replaced from time to time;
m)
Occupancy Certificate means a certificate issued by the Development Officer which authorizes
the applicant to occupy a building;
n)
Permit Issuer means the individual designated as a Safety Codes Officer pursuant to the Act
who is employed by the Town and charged with the responsibility of reviewing and issuing
Building Permits;
o)
Permit Services Report and PSR mean the documentation issued by the Safety Codes Officer,
confirming the final Inspection has been passed and the building/ space is safe to occupy in
accordance with the requirements of the Code or for when a permit is closed;
p)
Permit Regulation means the Permit Regulation 204/ 2007 as amended or replaced from time to
time;
q)
Project means a proposed development that requires a Building Permit to be issued before
construction can commence;
r)
Quality Management Plan and QMP mean the terms and conditions approved by the Safety
Codes Council of Alberta, which specifies the operational requirements and service delivery
standards necessary to maintain the Town's accreditation in the building discipline;
s)
Safety Codes Officer mean a person who has obtained the appropriate credentials and
competencies and meets the requirements as a Safety Codes Officer with respect to all or part
of the Act;
t)
Small-Scale Development means development consisting of one or a combination of the
following: detached dwelling, duplex dwelling, accessory dwelling unit, accessory building, deck,
or building addition;
u)
Total Construction Value means the total expense incurred to complete a specific Project for a
site which includes costs of labor, material, equipment, and any professional services;
v)
Trade Permit means the documentation issued by a Safety Codes Officer, in accordance with
the applicable code, authorizing the commencement of work in the electrical, gas, or plumbing
disciplines.
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Building Permit Bylaw 2022-31
SCOPE
3
The provisions of this bylaw shall apply to the issuing of Building Permits respecting the use,
occupancy, relocation, construction, alteration, repair, or demolition of any building or structure
regulated by the Act, or by regulations made pursuant to the Act, within the town.
POWERS AND DUTIES OF THE SAFETY CODES OFFICER
4
The Safety Codes Officer is hereby authorized to exercise their authority as provided in the Town's
QMP and as provided for in the Act.
5
Development Officers are hereby authorized to
a)
process and review Building Permits, and
b)
issue Occupancy Certificates as it relates to the Building Permit process.
BUILDING PERMIT REQUIRED
6
Except as otherwise provided in this bylaw, no person shall demolish, relocate, construct, alter,
repair, renovate, or allow a change of occupancy of any building unless a valid Building Permit has
been issued in accordance with this bylaw.
7
Except as otherwise provided in this bylaw, no person shall
a)
excavate land for the purpose of erecting or locating any building or structure that is regulated
by the Code, or
b)
commence any Project which is regulated by the Act and the Code and has not been issued a
Building Permit in accordance with this bylaw.
BUILDING PERMIT NOT REQUIRED
8
A Building Permit is not required where, in the opinion of the Permit Issuer, the construction will
not affect matters of health and safety, and
a)
the estimated construction does not exceed $5,000 in value, and
b)
the construction of an accessory building or structure less than 10m2 in area, located on a
temporary foundation, and less than $5,000.00 in total construction value.
9
If the Permit Issuer cannot readily issue a Building Permit for any reason and there is
a)
imminent serious danger or imminent serious risk of damage to persons or property because
of any thing, process, or activity to which this bylaw applies, or
b)
a fire hazard or risk of an explosion,
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Building Permit Bylaw 2022-31
a person may, without a Building Permit, commence construction for which a Building Permit is
required under this bylaw, but that person must apply for a Building Permit as soon as practically
possible.
10
Where a Project is commenced without a Building Permit in accordance with section 8, the
Applicant must apply for a Building Permit as soon as possible after starting the Project.
ENERGY CODE COMPLIANCE
11
All necessary reports and tests required to demonstrate compliance with the Code or the Energy Code
shall be completed by a professional qualified to issue such reports and conduct such tests.
APPLICATION REQUIREMENTS
12
To obtain a Building Permit, an Applicant must submit an application in a form and manner that is
consistent with the requirements of the Town and in alignment with the QMP.
13
A Building Permit application must be submitted using the applicable requirements checklist along
with the required application form as made available on the Town's Website.
14 An Applicant must submit the PSRs for all Trade Permit(s) as they relate to the plumbing, electrical
and gas disciplines for a Project prior to the occupancy of a building to which the Code applies, and
such PSRs must be issued by a Safety Codes Officer.
15
Where an Applicant is seeking a Building Permit for a multi-building development which would not
qualify as a Small-Scale Development, the Applicant must submit a separate Building Permit for
each building.
16
At the Permit Issuer's discretion, where the timing for occupancy is anticipated to be the same, two
(or more) Small Scale Development buildings/structures may appear on one application and be
contained within one Building Permit.
17
Where only one building is granted occupancy by the Development Officer under section 16,
a)
the initial Building Permit shall be closed for the building granted occupancy,
b)
the Applicant must apply for a new Building Permit for the remaining building that has not
been granted occupancy and pay all applicable fees as per the Master Fee Schedule.
PLANS AND SPECIFICATIONS
18
Unless otherwise directed by the Town in writing, all sets of plans and specifications for the
proposed Project shall be submitted electronically with each application.
19
At the discretion of the Permit Issuer, the Applicant may be required to submit computations, test
results and/ or other evidence deemed necessary to show that the work will be completed in
accordance with the Act, the Code, and the Energy Code.
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Building Permit Bylaw 2022-31
PARTIAL BUILDING PERMIT
20
A partial Building Permit may be issued at the discretion of the Permit Issuer, under a separate
permit, for Projects which have been issued a Development Permit.
21
The Permit Issuer may issue a partial Building Permit for
a)
preparation and excavation of a site,
b)
footings and foundation,
c)
the main floor slab of a new building, or
d)
all the above,
in advance of issuing a Building Permit for the entire Project.
ISSUANCE OF A PERMIT
22
If the Permit Issuer is satisfied that
a)
the work described in the Building Permit submitted and the plans filed are in accordance with
the provisions of the Act, the Code, and this bylaw,
b)
all applicable fees have been paid, and
c)
the Town's administrative departments who reviewed the Building Permit are satisfied that
their respective requirements have been met,
a Building Permit may be issued to the applicant.
23
The Applicant shall post the Building Permit Placard at a conspicuous place on the site of the
Project so that it is visible to the general public.
24
The issuance of a Building Permit based upon plans and specifications shall not prevent the Permit
Issuer from thereafter requiring the correction of work being carried out when that work is
performed contrary to any provision of the Act, the Code, this bylaw, or any other bylaw of the
Town.
25
A Building Permit shall contain information in accordance with the requirements of the QMP.
TERMS AND CONDITIONS OF A PERMIT
26
The Permit Issuer may issue a Building Permit for a Project or part of a Project and may, without
limiting the generality of the foregoing, impose terms and conditions on the Building Permit
including, but not limited to:
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Building Permit Bylaw 2022-31
a)
the requirement for an Occupancy Certificate to be issued by the Town to the applicant prior
to the occupancy or use of a building,
b)
setting the date by which the Project must be completed as one year from the date of issuance
of the Building Permit where the Total Construction Value is documented to be less than
$50,000,
c)
setting the date by which the Project must be completed as two years from the date of issuance
of the Building Permit where the Total Construction Value is documented to be equal to or
greater than $50,000,
d)
setting the date by which the Project must be completed and expires, for a period more than
two years if, in the opinion of the Safety Codes Officer, the Project requires a longer
construction time because of its size, complexity, or fire or natural disaster, all of which may
slow the Project's progress,
e)
authorizing the Town to exercise its freedom and authority to expire and terminate a Building
Permit when the Project has not been finished by the established expiry date,
f)
setting out the scope of the Project,
g)
setting the qualifications of the person(s) responsible for the Project, and
h)
requiring the Inspection and approval by the Permit Issuer before any part of the building or
system is covered or concealed.
27
No person shall deviate or authorize a deviation from a Building Permit or terms or conditions of
the permit without first obtaining the written permission of the Town.
28
In the absence of a term established under section 26, a Building Permit is deemed expired if:
a)
Commencement of Construction has not occurred within 90 days from the date the Building
Permit was issued, or
b)
the Project has been suspended or abandoned for a period of 120 days.
29
Despite section 28, when the term of a Building Permit has not yet expired the Town may, in
writing and at the request of the applicant, extend the Building Permit for an additional 12 months
and subject to the Applicant paying any additional fees set out in the Master Fee Schedule.
30
No more than one extension shall be granted for a Building Permit.
31
Where a Building Permit has been extended in accordance with section 29, the Building Permit is
deemed expired if the Project is not completed by the granted extension date.
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Building Permit Bylaw 2022-31
32
Once a Building Permit or Building Permit extension has expired, no further work shall be
undertaken to complete the Project until the Applicant has been issued a new Building Permit and
paid any applicable fees charged to the applicant in accordance with the Master Fee Schedule.
PERMIT REFUSAL AND CANCELLATION
33
The Town may refuse to issue or cancel a Building Permit if:
a)
in the case of an addition or alteration, the existing Project is unsafe or will reduce the level of
safety of the Project governed by the Building Permit to below that which is required by the
Act,
b)
the Building Permit was issued based on incorrect information supplied by the applicant,
c)
in the opinion of the Permit Issuer, the project for which the Building Permit would be or has
been issued would or does contravene the A ct or another enactment,
d)
the Building Permit fees have not been paid,
e)
There is a contravention of any condition under which the Building Permit was issued, or
f)
the Building Permit was issued in error.
34
A PSR is issued when a permit is closed.
TRANSFER OF A PERMIT
35
If an Applicant abandons their interest or participation in a Project governed by a Building Permit
before it is completed without providing written notice to the Town to transfer the Building Permit
to another party, the Building Permit shall be cancelled.
36
An Applicant may transfer a Building Permit to another person only if the Applicant submits a
written request to the Town and receives written approval from the Town.
OCCUPANCY CERTIFICATES
37
An Applicant shall obtain an Occupancy Certificate from a Development Officer prior to occupying
a building after construction, relocation, alteration, partial demolition, or a change of the existing
occupancy classification has occurred.
38
The issuance of a PSR from the Permit Issuer shall not be construed as permission to occupy a
building.
39
A Development Officer shall issue an Occupancy Certificate when the following conditions are met:
a)
all occupancy requirements set by the Town have been satisfied, and
b)
A copy of a PSR has been provided for each of the Trade Permits issued for the Project from
all disciplines involved:
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Building Permit Bylaw 2022-31
i)
building,
ii) electrical,
iii) plumbing, and
iv) gas.
40
The Development Officer may issue a partial Occupancy Certificate to the Applicant to allow for
occupancy of the Project if, in the opinion of the Development Officer, the building or outstanding
requirements do not contravene the provisions of the Act, the Code, or any other applicable act,
regulation, or bylaw.
FEES
41
Fees are charged in accordance with the Master Fee Schedule.
42
The Applicant shall submit the fee for each Building Permit upon receiving a request for payment
from the Town.
43
The Development Officer shall not circulate the Building Permit application and plans until all
application fees have been paid in full.
44
If no work, including excavation, has been carried out prior to the issuance of a Building Permit, the
fee for a Building Permit for relocation, construction, or alterations of any building shall be as
specified in the Master Fee Schedule.
45
Except for construction pursuant to section 9, where construction has commenced (including
excavation or demolition) prior to the issuance of a Building Permit, the fee shall be doubled.
46
If the documents submitted with an application for a Building Permit contain errors or omissions
which warrant a resubmission and comprehensive review, additional fees may be charged.
47
When applying for a Building Permit, the Applicant shall include substantiating evidence or a letter
from the Project Architect or Engineer stating the Total Construction Value to determine the
appropriate application fees.
48
The Safety Codes Officer is hereby authorized to exercise their expertise and judgement to correct
or adjust the provided Total Construction Value where they have determined it to have not been
estimated appropriately.
REFUND OF PERMIT FEES
49
A person who has paid a fee in accordance with this bylaw may cancel a Building Permit and submit
a written request for a refund in accordance with the provisions of sections SO - 52.
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Building Permit Bylaw 2022-31
50
No refund shall be issued if:
a)
the Building Permit has been revoked or has expired,
b)
the use, occupancy, relocation, construction, alteration, repair, or demolition has commenced,
or
c)
an extension to the Building Permit has been granted.
51
Despite sections 50 and 51, the Town may, in its sole discretion, authorize a refund of a fee less than
25% of the original fee charged.
52
Despite section 50, no refund shall be made in respect of any fee charged of less than $100.00.
OFFENCES AND PENALTIES
53
A person who contravenes this bylaw, the Permit Regulation or the Act is guilty of an offence under
the Act and subject to the penalties set out in the Act.
RECORDS MANAGEMENT
54
One copy of the final approved plans, specifications and computations shall be issued to the
Applicant and one copy shall be retained by the Town in accordance with QMP.
ENACTMENT /TRANSITION
55
If any clause in this bylaw is found to be invalid, it shall be severed from the remainder of the bylaw
and shall not invalidate the whole bylaw.
56
Building Permit Bylaw 25-2008 is hereby repealed.
57
This bylaw comes into force on the date it is passed.
FIRST READING: December 6, 2022
SECOND READING: December 6, 2022
THIRD READING: December 6, 2022
Approved on behalf of the Town of Canmore:
Sean Krausert
Mayor
~
Municipal Clerk
Bylaw approved by: Cf7
Yet~k-v ro\ 2-02.:2-
Date
jJece,nJX/ 0 J 2 022
Date
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