This is the exact embedded text of the captured official document.
Snapshot 0b614ca1270f · verified 2026-09-27 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CITY OF EDMONTON
BYLAW 15894
SAFETY CODES PERMIT BYLAW
(CONSOLIDATED ON JANUARY 1, 2016)
Bylaw 15894
Page 2 of 15
THE CITY OF EDMONTON
BYLAW 15894
SAFETY CODES PERMIT BYLAW
Whereas, pursuant to section 66 of the Safety Codes Act, R.S.A. 2000, c. S-1 an accredited municipality
may pass bylaws respecting minimum maintenance standards for buildings and structures, fees for
anything issued or any material or service provided pursuant to the Safety Codes Act, and respecting the
carrying out of the powers and duties of an accredited municipality;
And Whereas, pursuant to section 7 of the Municipal Government Act, R.S.A. 2000, c. M-26, a council
may pass bylaws for municipal purposes respecting the safety, health and welfare of people and the
protection of people and property;
And Whereas, pursuant to section 8 of the Municipal Government Act, a council may provide for a
system of licences, permits or approvals including prohibiting any development, activity, industry,
business or thing until a licence, permit, or approval has been granted, providing that conditions may be
imposed on any licence, permit or approval, the nature of the terms and conditions and who may impose
them, setting out the conditions that must be met before a licence, permit or approval is granted or
renewed, the nature of the conditions and who may impose them, and providing for the duration of
licences, permits and approvals and their suspension or cancellation for failure to comply with a term or
condition or the bylaw or for any other reason specified in the bylaw;
Edmonton City Council enacts:
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION
PURPOSE
1
The purpose of this bylaw is to establish the application procedure
and fees for permits issued pursuant to the Safety Codes Act, the
Regulations and this bylaw.
DEFINITIONS
2
In this bylaw, unless the context otherwise requires:
(a)
"alley" means a narrow highway providing access to the
rear of buildings and parcels of land;
(b)
"boulevard" means that portion of a highway that is not a
Bylaw 15894
Page 3 of 15
sidewalk or roadway;
(c)
"City" means the Municipal Corporation of the City of
Edmonton;
(d)
"City Manager" means the Chief Administrative Officer
of the City or his delegate;
(d.1)
"Fee" means the amount, as determined by the City
Manager, payable for:
(i)
a permit required by this bylaw;
(ii)
any additional inspection; or
(iii)
any search, certificate, document or other service
related to the administration of this bylaw.
(e)
"highway" means any street, lane, road, avenue, alley or
other thoroughfare, including all of the land between the
property lines adjacent to the street, lane, road, avenue,
alley or other thoroughfare;
(f)
"hoarding" means any covered way, fence, railing,
boarding, barricade, guard, timber buffer, temporary
walkway or other structure, material or equipment;
(g)
"municipal tag" means a ticket alleging an offence issued
pursuant to the authority of a bylaw of the City;
(h)
"owner" means a person who has care and control of an
undertaking and includes a lessee, a person in charge, and a
person who holds out that the person has the powers and
authority of ownership or who the time being exercises the
powers and authority of ownership;
(i)
"person" means an individual, partnership, association,
corporation, organization, business, cooperative, trustee,
executor, administrator or legal representative;
(j)
"Quality Management Plan" means the City quality
management plan registered with the Alberta Safety Codes
Council;
(k)
"Regulations" means any regulations passed pursuant to
the Safety Codes Act including any codes adopted in such
regulations;
Bylaw 15894
Page 4 of 15
(l)
"roadway" means that portion of a highway intended for
use by vehicular traffic;
(m)
"Safety Codes Act" means the Safety Codes Act, R.S.A.
2000, c. S-1, as amended;
(n)
"sidewalk" means that part of a highway especially
adapted to the use of or ordinarily used by pedestrians;
(o)
"undertaking" means the construction of a thing or the
control or operation of a thing, process or activity to which
the Safety Codes Act or the Regulations applies;
(p)
"violation ticket" has the same meaning as in the
Provincial Offences Procedure Act, R.S.A.2000, c. P-34, as
amended.
(S.2, Bylaw 17450, January 1, 2016)
RULES FOR
INTEPRETATION
3
The marginal notes and headings in this bylaw are for reference
purposes only.
PART II - PERMITS
PERMIT REQUIRED
4
(1) Subject to subsection (2), a person shall not start any undertaking
for which a permit is required pursuant to this bylaw unless a
permit has been issued.
(2) If there is imminent serious danger to persons or property because
of any thing, process or activity to which the Safety Codes Act
applies or because of a fire hazard or risk of an explosion, a person
may, without a permit, start an undertaking for which a permit is
required pursuant to this bylaw but that person must apply for a
permit as soon as the danger, fire hazard or risk of explosion has
been remedied.
APPLICATION
5
In addition to any other requirement, every person applying for a
permit pursuant to the Safety Codes Act, the Regulations or this
bylaw must provide to the City Manager:
(a)
an application in a form approved by the City Manager;
(b)
plans and specifications as required by the City Manager;
Bylaw 15894
Page 5 of 15
(c)
the value of the proposed undertaking;
(d)
any Fee required pursuant to this bylaw; and
(e)
any additional information required by the City Manager.
(S.3, Bylaw 17450, January 1, 2016)
ISSUANCE OF
PERMIT
6
(1) The City Manager shall issue a permit pursuant to the Safety
Codes Act, the Regulations or this bylaw only when:
(a)
the undertaking described in the application for the permits
meets the requirements of the Safety Codes Act, the
Regulations and this bylaw;
(b)
the plans and specifications submitted in the application
meet the requirements of the Safety Codes Act, the
Regulations, this bylaw and any other legal requirements;
and
(c)
the Fee payable pursuant to this bylaw, any fees payable
pursuant to the Safety Codes Act and any applicable taxes
have been paid in full.
(S.4, Bylaw 17450, January 1, 2016)
(2) The City Manager may impose any conditions on a permit as are
deemed necessary to ensure compliance with the Safety Codes Act,
the Regulations, this bylaw and any other legal requirements.
TRANSFER
7
A person shall not transfer a permit to any other person unless the
transfer has been authorized in writing by the City Manager.
REFUSAL TO ISSUE,
SUSPENSION OR
CANCELLATION
8
In addition to any powers pursuant to the Safety Codes Act or
Regulations, the City Manager may refuse to issue a permit, or
suspend or cancel a permit that has been issued if:
(a)
in the case of an addition or alteration, the existing
undertaking is unsafe or will reduce the level of safety of
the undertaking governed by the permit to below that which
is intended by the Safety Codes Act, the Regulations or this
bylaw;
(b)
incorrect or insufficient information is submitted with
respect to the permit or the undertaking to be governed by
the permit;
(c)
in the opinion of the City Manager, the undertaking for
Bylaw 15894
Page 6 of 15
which the permit would be or has been issued would or
does contravene the Safety Codes Act, the Regulations or
this bylaw;
(d)
the Fee for the permit has not been paid ;
(e)
there is a contravention of any condition under which the
permit was issued; or
(f)
the permit was issued in error.
(S.5, Bylaw 17450, January 1, 2016)
PERMIT HOLDER
OBLIGATIONS
9
A person to which a permit has been issued must:
(a)
have a copy of the examined plans and specifications for
the undertaking at the site of the undertaking; and
(b)
ensure that the municipal address of the parcel for which
the permit was issued is clearly visible from the adjacent
roadway.
OCCUPANCY
10 (1) No person shall occupy a building until the owner obtains written
approval from the City Manager allowing that person to occupy
that building.
(2) No person shall occupy a building or portion of a building for
which there has been a change in use or intended use until the
owner obtains written approval from the City Manager allowing
that person to occupy that building or portion of a building.
(3) Written approval for occupancy is not required for a garage serving
single detached housing.
(4) The owner of building must permanently display written approval
for occupancy for the building issued by the City Manager in a
conspicuous location inside the building near the main entrance,
except for single family residential buildings where it may be
placed near the electrical panel serving the building.
HEATING,
VENTILATING AND
AIR-
CONDITIONING
PERMIT
11 (1) No person shall build, repair, or alter any heating, ventilating, or
air-conditioning undertaking unless the person obtains a permit
allowing that person to build, repair, or alter that heating,
ventilating, or air-conditioning undertaking.
(2) This section does not apply to repairs or alterations to a heating,
ventilating, or air-conditioning undertaking that in the opinion of
Bylaw 15894
Page 7 of 15
the City Manager:
(a)
are minor in nature;
(b)
do not hinder the satisfactory operation of the undertaking;
and
(c)
do not impact the health or safety of occupants of the
building containing the undertaking.
(3) A permit issued pursuant to this section may only be issued to:
(a)
a journeyman sheet metal worker who is regularly
employed for the installation, alteration, repair or addition
to the hearing, ventilation and air-conditioning systems by
industrial institutions or similar establishments provided the
work is performed on the property of the industrial
institution or similar establishment;
(b)
a sheet metal mechanic; or
(c)
an owner who resides in a single family residential
dwelling where the heating, ventilating, or air-conditioning
system serves that dwelling.
CRANE
AGREEMENT
12
No person shall erect any crane, hoist, or similar apparatus capable
of projecting or swinging over a highway unless the person enters
into an agreement with the City in a form acceptable to the City
Manager.
HOARDING
PERMIT
13 (1) No person shall place any hoarding on a highway unless the person
obtains a permit allowing that person to place hoarding on a
highway.
(2) In addition to any other requirement, every person applying for a
permit to place hoarding on a highway must submit to the City
Manager, in a form acceptable to the City Manager:
(a)
the location at which the hoarding is proposed; and
(b)
an executed agreement with the City relating to the
hoarding in a form approved by the City Manager.
HOARDING
REGULATIONS
14 (1) If any covered way, fence, railing, boarding or barricade is
required pursuant to the Regulations and is to be located on a
highway, then the owner shall provide protection for pedestrians as
follows:
Bylaw 15894
Page 8 of 15
(a)
for undertakings of a height of 2.4 metres or less:
(i)
a railing if the distance from the undertaking to the
pedestrian walkway is less than 2.1 metres;
(ii)
a railing if the distance from the undertaking to
public property abutting a pedestrian walkway is
less than 2.1 metres; and
(iii)
no protection if the distance from the undertaking to
the pedestrian walkway and any public property
abutting the public walkway is 2.1 metres or more;
(b)
for undertakings of a height greater than 2.4 metres:
(i)
a fence and covered way if the distance from the
undertaking to the pedestrian walkway is 2.1 metres
or less;
(ii)
a fence and covered way if the distance from the
undertaking to the pedestrian walkway is less than
one-fourth the height of the undertaking;
(iii)
a fence if the distance from the undertaking to the
pedestrian walkway is one-half the height of the
undertaking or less; and
(iv)
no protection if the distance from the undertaking to
the pedestrian walkway is greater than one-half the
height of the undertaking.
(2) The owner of an undertaking for which hoarding on a highway is
required shall ensure that:
(a)
the hoarding is securely anchored;
(b)
the hoarding is lit during twilight hours; and
(c)
protective framing and boarding is built around and over
every tree, street lamp, utility box, fire or police alarm box,
fire hydrant, catch basin and manhole that has the potential
to be damaged by any work being done.
(3) If there is any equipment stored on the roof of a covered way
required by this section, the owner of the undertaking for which the
covered way is required shall ensure that the ends of the roof are
protected by:
Bylaw 15894
Page 9 of 15
(a)
a tight curb board not less than 300 millimetres high; and
(b)
a railing not less than 1.07 metres high.
WALKWAYS
15
If a permit issued pursuant to the Safety Codes Act requires the
permit holder to relocate a pedestrian walkway off of a sidewalk,
the permit holder must provide a walking surface approved by the
City Manager.
ROADWAY
PROTECTION
16
If the railing of a walkway or covered way is located such that
vehicles passing on the roadway may come into contact with the
walkway or covered way then the owner of the undertaking shall:
(a)
provide a guard without openings below 1.07 metres
between the walkway or covered way and the roadway; and
(b)
provide a timber buffer not less than 300 millimetres in
width extending to a height of 200 millimetres above the
lowest level of the walkway or covered way.
EXCAVATION OF
SIDEWALKS
17 (1) If a permit issued pursuant to the Safety Codes Act requires the
permit holder to excavate any portion of a public sidewalk, the
permit holder must construct a substantial temporary walkway for
pedestrians over the area.
(2) Any walkway required pursuant to this section must be:
(a)
not less than 1.5 metres in width;
(b)
designed for a uniform load of 7.2 KN per square metre;
(c)
provided with suitable ramps or stairs at each end; and
(d)
equipped with a railing not less than 1.07 metres high along
each side.
PART III - INSPECTIONS
NOTIFICATION
18
When an undertaking for which a permit has been issued is ready
to be tested for compliance with the Safety Codes Act and
Regulations the person holding the permit shall notify the City
Manager.
INSPECTIONS
19
Any inspections conducted by or on behalf of the City shall be
conducted in accordance with the governing Quality Management
Bylaw 15894
Page 10 of 15
Plan.
PART IV - FEES AND BONDS
FEES
20 (1) Every application for any permit required pursuant to this bylaw
must be accompanied by the required Fee.
(2) If an undertaking is commenced prior to a permit being issued
pursuant to this bylaw the amount payable for the permit is twice
the Fee.
(S.2, Bylaw 16517, January 1, 2014)
(S.6, Bylaw 17450, January 1, 2016)
INSPECTION FEES
21 (1) Unless otherwise specified, the Fee payable for a permit includes
all mandatory inspections.
(2) The Fee for an additional inspection is payable where:
(a)
the municipal address of the parcel for which the permit
was issued is not displayed; or
(b)
when an inspection has been previously arranged and:
(i)
the inspector is unable to access the building;
(ii)
the undertaking is not ready for an inspection; or
(iii)
a previously identified deficiency has not been
corrected.
(S.2, Bylaw 17000, January 1, 2015)
(S.7, Bylaw 17450, January 1. 2016)
BONDS
22 (1) The City Manager may require a person to file a bond prior to the
issuance of any permit.
(2) Any bond required pursuant to this section shall be in a form and
amount satisfactory to the City Manager and shall be issued by a
Bylaw 15894
Page 11 of 15
licensed Alberta insurer.
PART V - OFFENCES AND PENALTIES
OFFENCE
23
A person who contravenes this bylaw is guilty of an offence.
CONTINUING
OFFENCE
24
In the case of an offence that is of a continuing nature, a
contravention constitutes an offence in respect of each day, or part
of a day, on which it continues and a person guilty of such an
offence is liable to a fine in an amount not less than that
established for each such day.
VICARIOUS
LIABILITY
25
For the purposes of this bylaw, an act or omission by an employee
or agent of a person is deemed also to be an act or omission of the
person if the act or omission occurred in the course of the
employee's employment with the person, or in the course of the
agent's exercising the powers or performing the duties on behalf of
the person under their agency relationship.
CORPORATIONS
AND
PARTNERSHIPS
26 (1) When a corporation commits an offence under this bylaw, every
principal, director, manager, employee or agent of the corporation
who authorized the act of omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this
bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced
or participated in the act or omission that constitutes the offence is
guilty of the offence.
FINES AND
PENALTIES
27 (1) A person who is guilty of an offence is liable to a fine in an
amount not less than established in this section, and not exceeding
$10,000, and to imprisonment for not more than six months for
non-payment of a fine.
(2) Without restricting the generality of subsection (1) the following
fine amounts are established for use on municipal tags and
violation tickets if a voluntary payment option is offered:
(a)
$250 for any offence for which a fine is not otherwise
established in this section; and
Bylaw 15894
Page 12 of 15
(b)
$400 or twice the Fee payable for a permit, whichever is
greater, for an offence under section 4(1).
(S.8, Bylaw 17450, January 1. 2016)
MUNICIPAL TAG
28
If a municipal tag is issued in respect of an offence the municipal
tag must specify the fine amount established in this bylaw for the
offence.
PAYMENT IN LIEU
OF PROSECUTION
29
A person who commits an offence may, if a municipal tag is issued
in respect of the offence, pay the fine amount established by this
bylaw for the offence and if the amount is paid on or before the
required date, the person will not be prosecuted for the offence.
VIOLATION
TICKET
30
If a violation ticket is issued in respect of an offence, the violation
ticket may:
(a)
specify the fine amount established by this bylaw for the
offence; or
(b)
require a person to appear in court without the alternative
of making a voluntary payment.
VOLUNTARY
PAYMENT
31
A person who commits an offence may:
(a)
if a violation ticket is issued in respect of the offence; and
(b)
if the violation ticket specifies the fine amount established
by this bylaw for the offence;
make a voluntary payment equal to the specified fine.
OBSTRUCTION
32
A person shall not obstruct or hinder any person in the exercise or
performance of the person's powers pursuant to this bylaw.
PART VI - GENERAL
POWERS OF THE
CITY MANAGER
33
Without restricting any other power, duty or function granted by
this bylaw or the Safety Codes Act the City Manager may:
(a)
carry out any inspections to determine compliance with this
bylaw;
(b)
take any steps or carry out any actions required to enforce
this bylaw;
(c)
take any steps or carry out any actions required to remedy a
Bylaw 15894
Page 13 of 15
contravention of this bylaw;
(d)
establish forms and agreements for the purposes of this
bylaw;
(e)
issue permits with such terms and conditions as are deemed
appropriate;
(f)
establish the criteria to be met for a permit issued pursuant
to this bylaw;
(f.1)
establish the amount payable for a permit required under
this bylaw;
(f.2)
establish the amount payable for any additional inspection,
search, certificate, document, or any other service related to
the administration of this bylaw;
(g)
require an applicant to execute an agreement as a condition
of granting a permit;
(h)
require an applicant to post a bond as a condition of
granting a permit;
(i)
place a valuation on a project for the purpose of calculating
any Fee for a permit;
(j)
waive all or a portion of any Fees payable; and
(k)
delegate any powers, duties or functions under this bylaw
to an employee of the City.
(S.9-12, Bylaw 17450, January 1, 2016)
PROOF OF PERMIT
34
The onus of proving a permit has been issued in relation to any
activity otherwise regulated, restricted or prohibited by this bylaw
is on the person alleging the existence of such a permit on a
balance of probabilities.
PROOF OF
EXEMPTION
35
The onus of proving that a person is exempt from the provisions of
this bylaw requiring a permit in on the person alleging the
exemption on a balance of probabilities.
CERTIFIED COPY
OF RECORD
36
A copy of a record of the City, certified by the City Manager as a
true copy of the original, shall be admitted in evidence as prima
facie proof of the facts stated in the record without proof of the
appointment or signature of the person signing it.
Bylaw 15894
Page 14 of 15
LEGAL DUTY
37
Nothing in this bylaw, including the issuance of a permit, any
approval, and any inspections conducted pursuant to this bylaw,
relieves any person of their legal duty to comply with the Safety
Codes Act, the Regulations and this bylaw.
REPEALS
38
The following bylaws are repealed:
(a)
Bylaw 8664, The Edmonton Building Permit Bylaw; and
(b)
Bylaw 11004, the Mechanical Permit Bylaw.
EFFECTIVE DATE
39
This bylaw takes effect beginning on September 1, 2012.
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A. 2000, c.L-21
and Bylaw No. 12005, and printed under the City Manager's authority)
Bylaw 15894, passed by Council September 1, 2012
Amendments
Bylaw 16305, January 1, 2013
Bylaw 16517, January 1, 2014
Bylaw 17000, January 1, 2015
Bylaw 17450, January 1, 2016
Schedule A
Page 15 of 15
SCHEDULE A - PERMIT FEES
Repealed (S.13, Bylaw 17450, January 1, 2016)