Safety Codes Permit Bylaw No. 4438 — full text, Medicine Hat, Alberta

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BYLAW NO. 4438 CONSOLIDATION OF A BYLAW OF THE CITY OF MEDICINE HAT to establish the application procedure and fees for permits issued or any other material or service provided pursuant to the Safety Codes Act, the Regulations and this Bylaw. WHEREAS, pursuant to section 66 of the Safety Codes Act, RSA 2000, c S-1, an accredited municipality may pass Bylaws respecting fees for anything issued or any material or service provided pursuant to the Safety Codes Act, and the carrying out of the powers and duties of an accredited municipality; AND WHEREAS, pursuant to section 7 of the Municipal Government Act, RSA 2000, c M-26, a council may pass Bylaws for municipal purposes respecting the following matters: the safety, health and welfare of people and the protection of people and property and for any services provided by or on behalf of the municipality; AND WHEREAS, pursuant to subsection 8(b) of the Municipal Government Act, a council may pass Bylaws to deal with any development, activity, industry, business or thing in different ways, divide each of them into classes and deal with each class in different ways; AND WHEREAS, pursuant to subsection 8(c) of the Municipal Government Act, a Council may pass bylaws to provide for a system of licences, permits or approvals. NOW THEREFORE THE MUNICIPAL CORPORATION OF THE CITY OF MEDICINE HAT IN COUNCIL ASSEMBLED ENACTS AS FOLLOWS: PART I - TITLE, PURPOSE AND DEFINITIONS Title 1. This Bylaw may be referred to as the "Safety Codes Permit Bylaw". Purpose 2. The purpose of this Bylaw is to establish the application procedure and fees for permits issued or any other material or service provided pursuant to the Safety Codes Act, the Regulations and this Bylaw. Definitions 3.(1) In this Bylaw, the following definitions shall apply: a) "BTU" refers to a unit of energy; b) "Bylaw Enforcement Officer" means any peace officer or other person appointed or employed by the City to enforce bylaws; c) "City" means the Municipal Corporation of Medicine Hat, or the area contained within the boundaries thereof, as the context requires; d) "Construction Value" means the measure of the value of construction to install or erect at a work site and includes: i. cost of materials installed or erected at a site, ii. cost of labor, PAGE 2 OF BYLAW NO. 4438 iii. cost of construction equipment rental, iv. contractor's profit, v. cost of architectural, engineering and interior design work, and vi. miscellaneous overhead and office costs chargeable to the project; e) "Home Owner Permit" means a permit issued to an Owner that resides, or intends to reside in a Single Family Residential Dwelling that is the subject of the permit and will complete the Undertaking themselves; f) "KVA" refers to a unit of power; g) "Minimum Permit Fee" means the Minimum Permit Fee set out in Schedule "A"; 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 at the time being exercises the powers and authority of ownership; i) "Permit Issuer" means a Safety Codes Officer or a person designated to issue permits pursuant to the Safety Codes Act; j) "person" means an individual, partnership, association, corporation, organization, business, cooperative, trustee, executor, administrator or legal representative; k) "Quality Management Plan" means the City's Quality Management Plan registered with the Alberta Safety Codes Council; l) "Regulations" means any Regulations passed pursuant to the Safety Codes Act including any codes adopted in such Regulations; m) "Safety Codes Act" means the Safety Codes Act, RSA 2000, c S-1, as amended; n) "Safety Codes Officer" means an individual designated as a Safety Codes Officer pursuant to the Safety Codes Act; o) "Secondary Suite" means a second self-contained dwelling unit that is located within a primary dwelling unit, where both dwelling units have the same legal description as shown on a land titles search record; p) "Single Family Residential Dwelling" means a residential dwelling for a single family that includes, if applicable, a residential garage or accessory structure associated by use to the dwelling, if the garage or structure is situated on the same parcel of land as the dwelling; q) "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; and r) "Verification of Compliance" means a reasonable assurance provided from a third party that work complies with the Safety Codes Act as a follow-up to deficiencies or unsafe conditions noted on a site inspection report, or in lieu of a site inspection when permitted by the Quality Management Plan. (2) Unless otherwise defined herein, the definitions contained in the Safety Codes Act and PAGE 3 OF BYLAW NO. 4438 Regulations shall have the same meaning in this Bylaw. PART II - PERMITS Scope 4. This Bylaw applies to the issuance of permits respecting: a) the construction, demolition, installation, alteration, repair and removal, occupancy or change in occupancy of any building regulated by the Safety Codes Act and Regulations within the City; and b) the installation, alteration or repair of electrical, plumbing and gas equipment and systems regulated by the Safety Codes Act and Regulations within the City. Permits required 5. Subject to section 6 , a person shall not start any Undertaking for which a permit is required pursuant to the Safety Codes Act, the Regulations, or this Bylaw unless a valid and subsisting permit has been issued. 6. 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. Permit Application 7. 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 Permit Issuer: a) an application in a form approved by the Permit Issuer; b) plans and specifications as required by the Permit Issuer; c) when requested, the Construction Value and/or the applicable contract or a detailed estimate of the cost of the Undertaking shall be submitted to the satisfaction of the Permit Issuer of the proposed Undertaking; d) any fees and charges required pursuant to this Bylaw; and e) any additional information deemed necessary by the Permit Issuer for purposes of evaluation or processing of the application. Issuance of Permit 8. A Permit Issuer 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 permit 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 and this Bylaw; and PAGE 4 OF BYLAW NO. 4438 c) the fees and charges payable pursuant to this Bylaw, any fees payable pursuant to the Safety Codes Act and any applicable taxes have been paid in full. 9. Notwithstanding any other provision of this Bylaw, but subject to subsection 26(d), no person shall be entitled to a permit or approval under this Bylaw unless the person is the holder of a subsisting license to carry on the class of business to which the permit or approval pertains. 10. The Permit Issuer may impose any terms and conditions on any permit issued under this Bylaw as are deemed necessary to ensure compliance with the purpose and intent of the Safety Codes Act, the Regulations, this Bylaw and any other legal or regulatory requirements. Revisions and Re-examination 11. A Safety Codes Officer may accept a revision to the Undertaking for which a permit has been issued and charge a fee for the re-examination in accordance with Schedule "A". 12. If the documents submitted with an application for a permit contain substantial errors or omissions, the application may be rejected by a Safety Codes Officer. The documents may be re-submitted for further re-examinations, and a fee in accordance with Schedule "A" may be charged for each and every re-examination. 13. Any documents submitted which are incomplete and do not form the basis of the permit issued may be destroyed by the Permit Issuer. Transfer 14. A person shall not transfer a permit to any other person unless the transfer has been authorized in writing by the Permit Issuer. Refusal to Issue, Suspension or Cancellation 15. In addition to any powers pursuant to the Safety Codes Act or the Regulations, the Permit Issuer may refuse to issue a permit, and a Safety Codes Officer may 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 a level 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 Permit Issuer, the Undertaking for which the permit would be or has been issued would or does contravene the Safety Codes Act, the Regulations or this Bylaw; d) the fees payable for the permit have 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. Permit Holder Obligations PAGE 5 OF BYLAW NO. 4438 16. A person to which a permit has been issued must: a) comply with the terms and conditions of the permit; b) undertake the construction, process or activity in accordance with the Safety Codes Act, the Regulations, and this Bylaw; c) ensure all requested inspections are completed and all deficiencies identified are corrected and re-inspected when requested; d) submit a Verification of Compliance (VOC), when requested; e) notify the Permit Issuer: i. if the permit holder does not intend to complete the Undertaking, or ii. if there is a change in ownership from the Owner as stated on the permit application; f) ensure that all plans and specifications required to apply for the permit are available at the construction site at all reasonable times for inspection by a Safety Codes Officer; g) ensure that a permit for the building discipline is posted, or otherwise identified at the construction site; and h) ensure that the civic address of the property for which the permit was issued is clearly visible from the roadway to which the property is addressed. Permit Term and Extensions 17. A permit issued under this Bylaw, other than a permit for the occupancy or use of a building, shall expire: a) if work authorized by the permit has not commenced within 90 days of the date of issue of the permit; b) if the work authorized by the permit is commenced but is later suspended or abandoned for a continuous period of more than 120 days; or c) if the work authorized by the permit is commenced but is not completed on or before the expiration date shown on the permit; unless the terms and conditions of the permit provide otherwise, in which case the terms and conditions of the permit shall take precedence over this section. 18. The Permit Issuer may, from time to time, extend a permit for an additional period when: a) a written application has been received specifying a completion date; and b) a permit fee for extension as set out in Schedule "A" has been paid; except when the permit has expired or been revoked. 19. A permit that has expired may be renewed by the Permit Issuer at the written request of an applicant within 30 days of expiry provided that: a) no changes are made in the documents submitted with the original application; and PAGE 6 OF BYLAW NO. 4438 b) a renewal fee has been paid in accordance with Schedule "A". Occupancy Permit 20. No person shall occupy, or allow the occupancy of, or use of, any building or portion thereof until a final inspection has occurred in all applicable Safety Code Act disciplines and the Safety Codes Officers have deemed the building or portion thereof ready to use or occupy and a Building Safety Codes Officer has issued an occupancy permit. 21. No person shall allow a change in use, tenancy or the occupancy building classification (as determined by a Safety Codes Officer) of an existing building until approved by a Safety Codes Officer in writing or an occupancy permit has been issued. 22. Where an existing Secondary Suite is considered legal and non-conforming to the City's current Land Use Bylaw and was constructed and used prior to December 31, 2006, an occupancy permit may be issued once the Secondary Suite is approved by a Fire Safety Codes Officer. The occupancy permit shall be displayed in a common area in close proximity to the entrance to the suite. 23. A Safety Codes Officer shall have the right to inspect the occupancy permit at any reasonable time. Heating, Ventilating and Air-Conditioning Permit 24. 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. 25. This section does not apply to repairs or alterations to a heating, ventilating, or air- conditioning Undertaking that in the opinion of a Safety Codes Officer: a) are minor in nature; b) do not hinder the satisfactory operation of the Undertaking; c) are to replace or alter ducting serving a space heating appliance if it is located in a Single Family Residential Dwelling and there is no design change required to the heating and ventilation system; and d) do not impact the health or safety of occupants of the building containing the Undertaking. 26. A permit issued pursuant to section 24 may only be issued to: a) a journeyman sheet metal worker or gasfitter who is regularly employed for the installation, alteration, repair or addition to the heating, 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; c) journeyman gasfitter, or d) a homeowner who resides or intends to reside in a Single Family Residential Dwelling that is the subject of the permit and is completing the work themselves, and where the PAGE 7 OF BYLAW NO. 4438 heating, ventilating, or an air-conditioning system serves only that Single Family Residential Dwelling. This does not include a Single Family Residential Dwelling with a Secondary Suite. PART III - INSPECTIONS Notification of Inspection 27. When an Undertaking for which a permit has been issued is ready to be inspected for compliance with the Safety Code Act and Regulations, the person holding the permit shall notify a Safety Codes Officer. Inspections 28. The Permit Holder shall ensure that access is provided for inspection purposes in the case of an Undertaking involving a Single Family Residential Dwelling or a Single Family Residential Dwelling with a Secondary Suite. 29. Any inspections conducted by or on behalf of a Safety Codes Officer shall be conducted in accordance with the governing Quality Management Plan. 30. A Permit Service Report shall be issued by the Permit Issuer to the Owner upon the completion of the compliance monitoring services in accordance with the governing Quality Management Plan. PART IV - FEES AND CHARGES Fees 31. The fees payable for any permit issued pursuant to this Bylaw are set out in Schedule "A". 32. The fees and charges payable for any search, certificate, document, or other service related to the administration of this Bylaw are set out in Schedule "A". 33. The permit fees set out in Schedule "A" are subject to an additional Safety Codes Levy, as set by the Safety Codes Council. 34. A Safety Codes Officer may place a Construction Value on any work for the purpose of calculating fees for a permit. 35. If any Undertaking is commenced prior to a permit being issued pursuant to this Bylaw, the fees payable for the permit are double the permit fees set out in Schedule "A". Inspection Fees 36. Unless otherwise specified, the fees payable pursuant to Schedule "A" include all mandatory inspections. 37. The additional re-inspection fee set out in Schedule "A" is payable for every inspection where: PAGE 8 OF BYLAW NO. 4438 a) at the time of the inspection, the Undertaking that was required to be inspected had been covered or inaccessible; b) the municipal address of the parcel for which the permit was issued is not displayed; or c) when an inspection has been previously arranged, and: iii. a Safety Codes Officer is unable to access the building; iv. the Undertaking is not ready for an inspection; or v. a previously identified deficiency has not been corrected. Refunds 38. A person who has paid a permit fee in accordance with Schedule "A" may cancel, withdraw or surrender the permit to the Permit Issuer and make application in writing for a refund in accordance with the provisions of this Bylaw. 39. A refund is subject to a hold back charge of the current Minimum Permit Fee or 20% of the initial permit fee, whichever is greater. 40. The Safety Codes Levy is non-refundable. 41. No refund shall be made if: a) the permit has been revoked or has expired; b) a written request for a refund is not received within 90 days of the permit issue date; c) the occupancy, relocation, construction or demolition of the building or the installation of the mechanical equipment or systems has commenced; or d) an extension of the permit has been granted. PART V - OFFENCES AND PENALTIES Offence 42. A person who contravenes this Bylaw, or authorizes or directs another person to contravene this Bylaw, is guilty of an offence. Vicarious Liability 43. 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. Corporations PAGE 9 OF BYLAW NO. 4438 44. When a corporation commits an offence under this Bylaw, every principal and director of the corporation 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 whether or not the corporation has been prosecuted for the offence. Fines and Penalties 45. Where a Bylaw Enforcement Officer believes on reasonable and probable grounds that a person has contravened any provision of this Bylaw, the Bylaw Enforcement Officer may commence proceedings by issuing a summons by means of a violation ticket in accordance with Part 2 or Part 3 of the Provincial Offences Procedure Act R.S.A. 2000 c. P-34. 46. The specified penalty in respect of a contravention of this Bylaw is three hundred fifty dollars ($350). 47. Pursuant to the Provincial Offences Procedures Act, if the summons issued by a Bylaw Enforcement Officer under section 45 so provides, the person named in a summons may make a voluntary payment in the specified amount stated in section 46 and upon making the voluntary payment, that person is not required to appear before a justice to answer the summons. 48. A person who is guilty of an offence under this Bylaw is liable upon conviction to pay a fine of not less than three hundred dollars ($300) and not more than Ten Thousand Dollars ($10,000) or in default of payment to imprisonment for a period of not more than one year. 49. Payment of any fine or imprisonment for any period as provided for in this Bylaw shall not relieve any person from any civil liability whatsoever which may arise by reason of that person's contravention of any provision of this Bylaw. Continuing Offence 50. 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 of $100 for each day that the offence continues. Obstruction 51. 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 Proof of Permit 52. The onus of proving that the Permit Issuer has issued a permit in relation to any activity otherwise regulated, restricted or prohibited by this Bylaw is on the person alleging the existence of such a permit. Proof of Exemption PAGE 10 OF BYLAW NO. 4438 53. The onus of proving that a person is exempt from the provisions of this Bylaw requiring a permit is on the person alleging the exemption. Legal Duty 54. 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. Bylaws Repealed 55. Bylaws No. 1678, 2126, 3013, and 3014 of the City are repealed. Transitional 56. On the coming into force of this Bylaw, a permit issued under any of the Bylaws stated in section 55 shall be deemed to be a permit issued under the provisions of this Bylaw. Effective Date 57. This Bylaw shall come into force on the date it is passed. READ A FIRST TIME in open Council on January 22, 2018. READ A SECOND TIME in open Council on February 5, 2018. READ A THIRD TIME in open Council on February 5, 2018. SIGNED AND PASSED on February 6, 2018. PAGE 11 OF BYLAW NO. 4438 SCHEDULE "A" TO BYLAW NO. 4438 AS AMENDED BY BYLAW NO. 4832 - DECEMBER 17, 2024 PAGE 12 OF BYLAW NO. 4438 PAGE 13 OF BYLAW NO. 4438 GENERAL NOTES 1. Applicants who dispute a fee may request a review by the Director of Planning and Development Services. The decision of the Director may be appealed to the City Manager. The decision of the City Manager will be final and binding. 2. All fees listed above are GST exempt except where specifically noted.