Elk Point, Alberta
· No. 570/96
· adopted 1996-02-12
· summary & facts
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## BY-LAW 570/96
## TOWN OF ELK POINT, ALBERTA,
A BY-LAW OF THE TOWN OF ELK POINT, IN THE PROVINCE OF ALBERTA, AUTHORIZING THE TOWN COUNCIL TO ESTABLISH A BYLAW REGULATING THE ISSUING OF, AND COST OF PERMITS IN ALL DISCIPLINES FOR THE CONSTRUCTION OF BUILDINGS WITHIN THE TOWN BOUNDARIES.
PURSUANT to the Provisions of the Municipal Government Act 1994 Chapter M26.1, S.A., Council may pass bylaws for the Safety, Healtl and Welfare of people and the protection of people and property;
WHEREAS, the Council for the Town of Elk Point, in the Province of Alberta, deems it proper and expedient to enact such a bylaw,
NOW THEREFORE the Council of the Town of Elk Point, in the Province of Alberta, in session duly assembled, enacts as follows:
## 1. SHORT TITLE:
This By-Law shall be cited as the " Building Permit By-Law".
## 2. DEFINITIONS:
- a) In this bylaw;
2. " Accredited Agency " shall mean a person who has been authorized by the Safety Codes Council.
3. " Act" shall mean the Municipal Government Act as amended from time to time.
4. " Alberta Building Code (1990) and any amendments thereto.
5. " Building Permit" shall mean any permit necessary to the construction of a building or a component thereof.
6. Council" shall mean the Municipal Counci or the Town Of Elk Point
7. " Development Officer" shall mean the person appointed by Council.
8. or standard declared to be in force by the regulation.
9. " Safety Codes Act" shall mean Bill 36 and any amendments thereto.
10. " Safety Codes Officer" shall mean the person who has been authorized by the Safety Codes Council.
11. " Town " shall mean the Town Of Elk Point.
- b) Definitions contained in the Act shall apply in this bylaw.
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Page two, Bylaw 570/96, Building Permit Bylaw.
## 3. SCOPE:
This bylaw shall apply to the issue of building permits for the construction, renovations, and repair of any building regulated within the Town.
## . 4. PROHIBITION:
- a) No person shall commence or cause the commencement of;
- i) the use of any building
3. ii) the occupancy of any building
4. the construction, renovation alteration or repair of an building unless a building permit has previously been obtained.
## 5. DUTIES OF THE DEVELOPMENT OFFICER:
- a) The Development Officer is hereby authorized to enforc he provisions of this by-law
- b) shall keep accurate register the date
## 6. APPLICATION FOR BUILDING PERMIT:
- a) The following developments MUST have an approved Building permit prior to commencement of;
- i) The erection or construction of any building,
3. ii) the addition extensiont, renovation or conversion i of any building,
4. iii) The repair of any building, where costs are in excess of Five Thousand Dollars ($5,000.00) -
5. iv) The excavation of any land for the purpose of erecting or the locating for any building,
- V) The installation or use of any mechanical equipment specifically governed by Building Code (1990).
7. vi) ventilating or and conditioting, system without first obtaining permit from the Development Officer.
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Page Three Bylaw 570/96, Building Permit Bylaw.
## b) Exceptions:
A permit is not required for;
- i) Painting and decorating,
2. ii) Minor repairs not exceeding $5,000, 00 in value where matter affecting health or safety are not involved.
3. iii) Exterior - repairs to or replacement shingles, siding, windows, eavestroughs and cement,
4. iv) Interior - repairs to or replacement of, floor coverings, wall coverings, painting, plumbing, electrical and heating.
- V) renaltarang or tor condittoning to the occupants
## c) Consideration:
No Building permit for the installation, repair or conditioning shall be hit be issued to other than a qualified contractor. Except;
The following persons are not prohibited from obtaining a Building permit:
- i) Anyone who personally carries out any heating ventilation or air conditioning installations regulated by the Safety Codes and the Alberta Building Code (1990). in or about a single-family dwelling he owns or occupies.
2. ii) A Journeyman Sheet Metal alteration, repair or addition to heating, ventilation and air conditioning systems by ar industrial institution or similar establishments providing the works institution or
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Page Four Bylaw 570/96, Building Permit Bylaw
- i11) Works mentioned in thsection (a) is commenced before a Building permit (where necessary) for the work has been obtained, double the fee under this by-law
## 7. Application For Building Permit:
- a) Building Permits shall be obtained from the Safety Code. Officer (Building) or and Accredited Agency (Building)
- b) Che following information shall be provided by th pplicant for the building permit
- i) Identify and describe the work to be covered by the permit for which the application is made,
4. ii) land on and is to be to proposed.
5. f all part supported by a floor plan,
6. iv) Speciationd by ple banding to be constructed.
- v) State the value of the proposed work,
8. vi)
9. vii) Provide such other informatior (Building) Development Officer deems necessary.
## 8. Plans and Specifications:
- a) One set of plans and specifications must accompany the Development Application.
## b) Information Required on Plans and Specifications:
- i) Plans and specifications shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the Safety Codes Alberta Building Code (1990),
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Page Five Bylaw 570/96, Building Permit Bylaw.
and all Town By-Laws Each set of plans shall state the building address and the name and address of the owner of the building and the person who prepared such plans. Plans shall include a site plan showing the actual dimensions of the lot or lots and the proposed building or buildings to the lot or property Bron in ration in that th may be necessary to comply with the provisions of the Uniform Büilding Standards Act and other legislation applicable thereto, and excepting in cases where such a requirement is, in the opinion of the Development Officer, obviously unnecessary. A plan of survey certified by an Alberta Land Surveyor.
## c) Estimate Cost Of Building:
hen required by the Development Officer the accepte contract or a bona fide detailed estimate of the cost o the building shall be submitted, to the satisfaction of the Development Officer.
## d) Exceptions:
When authorized by the Development Officer plans and specifications need not be submitted.
## 9. Building Permits:
- a) Issuance:
- i) The issue of a Building permit based upon plans specifications shall not prevent Safety Codes Officer (Building) and/or an Accredited Agency (Building) from thereafter requirinc the correction of errors in said plans and specifications or from Been cation of ne senty ode Act, this by-law or of the Town.
## b) Expiration:
very Building permit issued by the Safety Codes Office Buiidina) or Accredited Agency (Buildina) shall expir authorized on adh Building it as commenced authorized by within 90 davs from the date of such Building permit, or Page Six Bylaw 570/96, Building Permit Bylaw.
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if the building authorized by such Building permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced a new Building permit shall first be obtained and the fee shall be one-half of the amount required for a new Building permit for such work, provided no changes have been made to the original plans and specifications for such work, and provided, further, that such suspension or abandonment has not exceeded one year.
## c) Suspension or Revocation:
The Safety Codes Officer (Building) or Accredited Agency (Building), may, in writing, suspend or revoke a Building permit whenever the Building permit is issued in error, or on the basis of incorrect information supplied, or in violation of any provision of the Safety Codes Act, Alberta Building Code (1990), or any Town By-Law.
## 10. BUILDING PERMIT FEES:
- a) Building permits fee shall be as those set by the Safet odes Officer (Building) or Accredited Agency (Building)
## 11. INSPECTION AND COMPLIANCE CODES FEES:
- a) An Inspection and Compliance Code fees shall be in accordance with the following table.
## RESIDENTIAL:
## 1. Single Family Residence.
- i) single family detached home with or without attached garage,
2. ii) accessory buildings and additions, detached garage, garden sheds, etc.
3. iii) alterations, renovations, includes the construction or changes in the walls within the existing building.
4. iv) and the letter Acredit agent riding) inne enousand of Hundred Dollars). of $1,200.00
## NOTE:
- a) code oler utilingety seas of real dare dooit will be refunded to the Owner/Developer.
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Page Seven Bylaw 570/96, Building Permit Bylaw.
- b) Any invoices in excess o $1,200.00 will be charge to the owner/developer.
2. Any non-payment of invoice in excess and forms as proper carry and for as
## 2. Multi Family Dwellings.
- i) duplexes, row housing apartments,
2. ii) accessory buildings and additions,
3. ill) alterats the constationo includes or changes in the walls Nithin the existing building
4. iv)
## NOTE:
- a)
## 3. Mobile Home Residences.
- i) single family mobile home units,
2. ii) accessory buildings and additions,
3. iii) lterations, renovations ncludes the constructio or changes in the wall. vithin the existing building.
4. iv) A deposit towards the cost of Inspection and the letter of Compliance to the Municipality by Safety Codes Officer (Building) and/o: Accredited Agencies (Building) in the amount o1 $1,200.00 (One Thousand Iwo
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Page Eight Bylaw 570/96, Building Permit Bylaw.
## NOTE:
- a) Inspections are supported by invoices from the Safety Codes Officer (Building) and/or Accredited Agenc (Building). Any funds in will be refunded to the Owner/Developer.
- b) Any invoices in excess of $1,200.00 will be charged to the owner/developer.
- c) Any non-payment of invoices in excess of the $1,200.00 not paid for will be charged to the property and forms as property taxes.
4. Commercial, Industrial and Institutional.
- i) The building permit fee will be based on the project cost.
6. ii) Construction, alterations and renovations,
7. iii) A deposit towards the cost f inspection and the lette Thousand Five Hundred Dollars)
## NOTE:
- Inspections are supporte by invoices from the Safet
- b) Any invoices in excess of $2,500.00 will be charged to the owner/developer.
- c) of the $2,500.00
## 11. REFUNDABLE DAMAGE DEPOSIT:
- a) hereby required to permit when to the
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Page Nine Bylaw 570/96, Building Permit Bylaw.
- b) irrevocable certified
## Single Family Residence.
- i) Refundable Damage Deposit in the amount of $100,00 (One Hundred Dollars).
2. ii) single family detached home with or without attached garage,
3. iii) accessory buildings and additions, (detached garage, garden sheds etc.)
4. iv) alterations, renovations, includes construction or changes in the walls within the existing building.
## Multi Family Dwellings.
- i) Refundable Damage Deposit in the amount of $200.00 (Two Hundred Dollars).
2. ii) duplexes row housing, apartments,
3. iii) accessory buildings and additions,
4. iv) alterations, renovations includes the constructior or changes in the walls within the existing building.
## Mobile Home Residences.
- i) Refundable Damage Deposit in the amount of $100.00 (One Hundred Dollars).
2. ii) Single family mobile home units,
3. iii) accessory buildings and additions, (100 sq. feet) or portion thereof
4. iv) alterations, renovations, includes the construction or changes in the walls within the existing building.
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Page Ten Bylaw 570/96, Building Permit Bylaw.
## Commercial, Industrial and Institutional.
- i) Refundable Damage Deposit in the amount of $500.00 (Five Hundred Dollars).
2. ii) Commercial, industrial and institutional buildings,
3. iii) accessory buildings and additions,
4. iv) alterations, renovations, includes the construction or changes in the walls within the existing building,
- v) Signage, including illuminated signs,
## c) Forfeiture of Refundable Deposit.
- i) The whole or any portion of a refundable deposit paid to the Town by the contractor or by way of a charge against the refundable deposit by the Town, shall be forfeited for the remedy vales to not a or to be the Development/Building permit approval, such as but not limited to the repairs to public property, clean up of the construction adjacent properties, site and enforcement of conditions under which the DeveLopment/Building permit vas originally issued.
2. ii) of a refundable deposit thereof will be or owner upon application from the contractor or owner for refund of the same and a final inspection of Development Officer and a Receipt of the Letter Of Compliance being issued attesting that all of the building permit have been complied with to the satisfaction of the Safety Codes Officer (Building) and Accredited Agency (Building).
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Page Eleven Bylaw 570/96, Building Permit Bylaw.
- iii) When the whole amount of the retundable deposit paid to the Town by the contractor or owner is insufficient to remedy any conditions of the building permit which the contractor or owner has failed to meet, and which the Town shall require to be remedied, the cost of the work done may be charged to the owner and, in default of payment, the charge shall be charged against the land concerned as taxes due and owing in respect of that land and recover the costs as such.
## 12. OFFENCE:
Any person who contravenes this bylaw is guilty of an offence under Sections 63 and 64 of The Safety Codes Act.
13. The following By-Law is hereby rescinded, By-Law # 538/93.
READ FOR A FIRST TIME THIS 12 DAY OF February -, 1996 READ FOR A SECOND TIME THIS I2 DAX OF February 1996 RESOLUTION # 96-13 TO APPROVE THIRD READING THIS 12 DAY OF February - , 1996
READ FOR A THIRD TIME AND FINALLY PASSED BY A MAJORITY OF THOSE PRESENT THIS 12 DAY OF February -, 1996
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