Spruce Grove, Alberta
· No. C-1389-25
· adopted 2025-12-15
· summary & facts
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THE CITY OF SPRUCE GROVE
BYLAW C-1389-25
SAFETY CODES SERVICES PERMIT BYLAW
WHEREAS, pursuant to the Safety Codes Act, R.S.A. 2000, c. S-1, as amended, 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 the Municipal Government Act, R.S.A. 2000, c M-26, as
amended, a council may pass bylaws for the municipal purposes respecting the
following matters: the safety, heath, 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 the Municipal Government Act, R.S.A. 2000, c M-26, as
amended, 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 to provide for a system of licenses, permits or approvals.
NOW THEREFORE, the Council for the City of Spruce Grove, duly assembled, hereby
enacts as follows:
1.
BYLAW TITLE
1.1
This bylaw is called the "Safety Codes Services Permit Bylaw."
2.
OBJECTIVE OF THE BYLAW
2.1
The purpose of this bylaw is to establish the City's application
requirements, procedures, inspections, fees, offences and penalties
related to Permits and pursuant to the Safety Codes Act, the Regulations
and this bylaw.
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3.
DEFINITIONS
3.1
"Altus Canadian Cost Guide" means a guide that addresses Canadian real
estate development and infrastructure construction costs.
3.2
"Building" means a structure and any part of a building or structure but
does not include any thing excluded by the Regulations from the definition
of building.
3.3
"City" means the municipal corporation of the City of Spruce Grove in the
Province of Alberta.
3.4
"City Manager" means the administrative head of the City.
3.5
"Construction" means the alteration, installation, repair, relocation,
demolition and removal.
3.6
"Construction Value" means the total cost of all labour and materials
required to build or construct the thing or project for which the Permit is
requested or issued.
3.7
"Electrical System" means an assembly or any part of an assembly of
electrical equipment or components used or intended to be used for the
generation, transmission, distribution, control or utilization of electric
energy, but does not include any thing excluded by the Regulations from
the definition of electrical system.
3.8
"Fee" means any fees as set out in the Development Fees Bylaw.
3.9
"Gas System" means any equipment or installation used or intended to be
used in or in conjunction with the processing, transmission, storage,
distribution, supply or use of gas, but does not include any thing excluded
by the Regulations from the definition of gas.
3.10 "Imminent Danger" means a situation that could cause harm to a person,
place or thing, including but not limited to fire, explosions, gas leaks,
floods, and/or compromised structural integrity.
3.11 "Occupancy" means the use or intended use of a Building or part thereof
for the shelter or support of persons, animals or property.
3.12 "Occupational Health and Safety Code" means the minimum technical
requirements for health and safety in Alberta's workplaces.
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3.13 "Owner" includes a lessee, a person in charge, a person who has care
and control and a person who holds out that the person has the powers
and authority of ownership or who for the time being exercises the powers
and authority of ownership.
3.14 "Peace Officer" means any sworn member of the Royal Canadian
Mounted Police, a Peace Officer or Community Peace Officer appointed
under the Peace Officer Act, S.A 2006, c P-35, as amended or a Bylaw
Enforcement Officer, appointed under the Municipal Government Act,
R.S.A. 2000, c M-26, as amended and employed by the City.
3.15 "Person" means an individual, partnership, association, corporation,
organization, business, cooperative, trustee, executor, administrator, or
legal representative.
3.16 "Permit" means an authorization for an Undertaking governed under this
bylaw and pursuant to the Safety Codes Act on a Site within the
boundaries of the City of Spruce Grove.
3.17 "Permit Issuer" means a Safety Codes Officer, or a Person designated to
issue Permits pursuant to the Safety Codes Act.
3.18 "Plumbing System' means the whole or any part of a drainage system, a
venting system or a water system, but does not include any thing excluded
by the Regulations from the definition of plumbing system.
3.19 "Quality Management Plan" or "QMP" means the City Quality
Management Plan registered with the Alberta Safety Codes Council.
3.20 "Regulations" means any regulations passed pursuant to the Safety
Codes Act including any codes adopted in such regulations.
3.21 "Safety Codes Act", means the Safety Codes Act, R.S.A 2000, c. S-1, as
amended.
3.22 "Safety Codes Officer" means a certified Building, Plumbing, Gas or
Electrical Safety Codes Officer designated pursuant to the Safety Codes
Act and Regulations.
3.23 "Site" means a place where some activity is or has been conducted.
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3.24 "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
Regulation applies.
3.25 "Violation Ticket" means a ticket issued pursuant to the Provincial
Offences Procedures Act, R.S.A 2000, cP-34, as amended.
4.
SCOPE
4.1
Pursuant to the Safety Codes Act, this bylaw applies to the issuance of
Permits respecting:
(a) the use, Occupancy, relocation, Construction, alterations, repair, or
demolition of any Building regulated by the Safety Codes Act within
the City; and
(b) the installation, alteration or repair of heating, ventilation, air
conditioning, Electrical Systems, Plumbing Systems, and Gas
Systems and equipment regulated by the Safety Codes Act and
Regulations within the City.
5.
PERMIT REQUIRED
5.1
Subject to subsection 5.2, 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 Permit has been issued.
5.2
If there is Imminent Danger to Persons or property because of any thing,
process or activity to which the Safety Codes Act applies, a Person may
start an Undertaking to stop the Imminent Danger without a required
Permit as per this bylaw, but that Person must apply for a Permit as soon
as the Imminent Danger has been remedied.
6.
PERMIT APPLICATION
6.1
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:
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(a) an application approved by the Permit Issuer;
(b) plans and specifications as required by the Safety Codes Officer;
(c)
the Construction Value of the proposed Undertaking based on the
current Altus Canadian Cost Guide;
(d) all Fees required as prescribed in the Development Fees Bylaw,
amended; and
(e) any additional information required by the Permit Issuer.
7.
ISSUANCE OF PERMIT
7.1
The 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 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, and this
bylaw;
(c)
the Fees pursuant to the Development Fees Bylaw, the Safety Codes
Act, the Regulations, this bylaw, and all applicable taxes have been
paid in full; and
(d) the Permit Issuer, may, through written authorization, allow the
Owner to proceed with excavation or construction of part of a
Building before the plans of the entire Building have been submitted,
with the following considerations:
(i)
any work is undertaken at the risk of the Owner;
(ii)
the Permit Issuer may impose conditions; and
(iii) all work conforms with the Safety Codes Act, the Regulations
and this bylaw.
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8.
TRANSFER OF PERMIT
8.1
A Person shall not transfer a Permit to any other Person unless the
transfer has been authorized in writing by the Safety Codes Officer.
9.
REFUSAL TO ISSUE, SUSPENSION OR CANCELLATION
9.1
In addition to any powers pursuant to the Safety Codes Act or
Regulations, the Safety Codes Officer may refuse to issue a Permit, or
suspend or cancel a Permit that had 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 Safety Codes Officer, 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;
(f)
the Permit was issued in error; or
(g) required information for the Permit is not received within a total of 28
days after receiving the initial application incomplete and the
subsequent warning letter. Each notification letter will state 14 days
as the required date for the document submittal.
10.
PERMIT HOLDER OBLIGATIONS
10.1 A Person to which a Permit has been issued must:
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(a) have a copy of the examined plans and specifications for the
Undertaking posted at the Site of the Undertaking;
(b) ensure that the municipal address of the Site for which the Permit
was issued is clearly visible from the adjacent roadway;
(c)
comply with the terms and conditions of the Permit;
(d) request all required inspections as outlined in the Quality
Management Plan and Permit;
(e) comply with all inspection conditions and recommendations;
(f)
undertake the construction, process or activity in accordance with the
Safety Codes Act, Regulations and this bylaw;
(g) 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;
(h) ensure that a Permit from the Building, electrical, gas and/or
plumbing discipline is posted, or otherwise identified at the Site of the
Undertaking;
(i)
ensure all construction sites have temporary metal fencing not less
than 1.8m high installed completely around any open excavations
and structures to prevent any access for the public. The fencing can
be removed when the structure has all windows and doors installed
and is locked to prevent entry; and
(j)
install all entrances, walkways, stairways, doors, handrails and
safeguards at the Site of the Undertaking in compliance with the
Occupational Health and Safety Code.
11.
PERMIT EXTENSION
11.1 The Permit issuer may extend a Permit for one additional time period if;
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(a) an application has been received by the Permit Issuer specifying an
estimated completion date;
(b) the required Fees have been paid; and
(c)
the existing Permit has not expired or been closed, suspended, or
revoked for any reason.
12.
OCCUPANCY
12.1 An Occupancy Permit will be issued if required once:
(a) a final inspection has occurred in all applicable Safety Codes Act
disciplines; and
(b) the Safety Codes Officer has deemed the Building or portion thereof
ready to use or occupy via a final inspection report.
12.2 No change in use, tenancy, or Occupancy classification of an existing
Building is permitted without approval of a Safety Codes Officer.
13.
REVISIONS AND RE-EXAMINATION
13.1 If the documents submitted with an application for a Permit contain
substantial errors or omissions, the application may be rejected, and the
documents may be re-submitted for further evaluation, and a revision Fee
must be paid in accordance with the Development Fees Bylaw.
13.2 Any documents submitted by an applicant for a Permit that do not form the
basis of the Permit issued may be destroyed by the Permit Issuer.
13.3 Any revisions to a supporting document after the permit has been issued,
the Safety Codes Officer may request a revision Fee to be paid prior to
any further actions on the Permit.
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14.
NOTIFICATION
14.1 When an Undertaking for which a Permit has been issued is ready to be
inspected for compliance with the Safety Codes Act and Regulations, the
Person holding the Permit shall notify the City through email or a portal
account.
14.2 All inspection requests will be confirmed based on the availability of a
Safety Codes Officer via email to the Person holding the Permit.
15.
INSPECTIONS
15.1 Any inspections conducted by or on behalf of the City shall be conducted
in accordance with the governing Quality Management Plan.
16.
RE- INSPECTIONS
16.1 Unless otherwise specified, the Fee payable for a Permit includes all
mandatory inspections. A re-inspection Fee is payable in accordance with
the Development Fees Bylaw, as amended, if an additional inspection is
required for any of the following reasons:
(a) a municipal address for the Site of the Undertaking is not displayed
and visible from the street, or
(b) when an inspection has been requested and:
(i)
the Safety Codes Officer is unable to access the Building during
the scheduled inspection due to any unsafe conditions;
(ii)
the Site does not provide safe access to the Building or inside
the Building as per the Occupation Health and Safety Code;
(iii) the Undertaking is not ready for an inspection upon the Safety
Codes Officer's arrival; or
(iv) any added inspection outside the required inspection of the
approved Quality Management Plan.
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17.
VERIFICATION OF COMPLIANCE
17.1 If requested by the Safety Codes Officer, the Applicant, Owner or
constructor shall provide written assurance that the project complies with
the requirements of the Safety Codes Act and any permits issued as per
the approved Quality Management Plan.
17.2 All information provided on the verification of compliance shall be factual
and truthful, and any non-factual information shall deem the document to
be invalid. No person shall cause or permit the submission of any
information on a verification of compliance which is false, misleading or
non-factual.
17.3 The Safety Codes Officer may in their direction revoke the privilege of
accepting a verification of compliance in lieu of an inspection.
18.
FEES
18.1 Every application for any Permit required pursuant to this bylaw must be
accompanied by the required Fee as per the Development Fees Bylaw, as
amended.
18.2 If any Undertaking is commenced prior to a Permit being issued pursuant
to this bylaw the amount payable for the Permit is double the Fee set out
in the Development Fees Bylaw.
18.3 A decision by a Safety Codes Officer regarding the required Fee in
accordance with the Development Fees Bylaw and this bylaw is final and
not subject to appeal.
18.4 A Safety Codes Officer or Permit Issuer reserves the right to re-assess the
Construction Value of the project that determines the Permit Fees.
19.
REFUNDS
19.1 A Person who has paid a Fee for a Permit may cancel, withdraw, or
surrender the Permit to the Permit Issuer, and make application in writing
for a refund.
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19.2 Refunds will not be granted in the following circumstances:
(a) for Fees paid in accordance with the Safety Codes Act or the
Regulations;
(b) if the Permit has been revoked, suspended, cancelled after 30 days
of application date, or expired;
(c)
if the Occupancy, renovation, Construction or demolition of the
Building or the installation of the mechanical equipment or systems
has commenced;
(d) if any extension of the Permit has been granted; or
(e) if any inspection has been completed.
19.3 Refunds shall be determined in accordance with the Development Fees
Bylaw. A decision by a Safety Codes Officer on a request for a refund in
accordance with the Development Fees Bylaw and this bylaw is final and
not subject to appeal.
20.
OFFENCE
20.1 Any Person who contravenes any provision of this bylaw is guilty of an
offence and liable upon summary conviction to a specific penalty as set
out in Schedule "A" attached hereto and forming part of this bylaw, or if no
penalty is specified in Schedule "A," a penalty of:
(a) $250 for a first offence;
(b) $500 for a second offence; or
(c)
$1,000 for a third or subsequent offence.
21.
VIOLATION TICKET
21.1 Notwithstanding anything else in this bylaw, a Peace Officer is hereby
authorized and empowered to immediately issue a Violation Ticket
pursuant to the Provincial Offences Procedure Act, R.S.A. 2000,c P-34, as
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amended, to any Person who the Peace Officer has reasonable grounds
to believe has contravened any provisions of the bylaw.
21.2 If a Violation Ticket is issued in respect of an offence, the Violation Ticket
may;
(a) specify the fine amount established by the bylaw for the offence; or
(b) require a Person to appear in court without the alternative of making
a voluntary payment.
21.3 Notwithstanding anything else in this bylaw, where a Person is issued a
Violation Ticket requiring them to appear in court without the alternative of
making a voluntary payment, the Person shall be liable to a penalty of up
to $10,000. In no event shall such penalty be lower than the applicable
penalty set out in Section 20 or Schedule "A" of this Bylaw.
22.
CONTINUING OFFENCE
22.1 In the case of an offence that is of a continuing nature, a contravention of
a provision of this bylaw constitutes a separate offence in respect of each
day, or part of a day, on which it continues and a Person guilty of such
offence is liable to a fine in an amount not less than established by this
bylaw for each such day.
23.
VICARIOUS LIABILITY
23.1 For the purpose 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 mission occurred during the employee's employment with the
Person, or during the agent exercising the powers or performing duties on
behalf of the Person under their agency relationship.
24.
CORPORATIONS AND PARTNERSHIPS
24.1 When a corporation commits an offence under this bylaw, every principal
director, manager, employee, or agent 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
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offence whether or not the corporation has been prosecuted for the
offence.
24.2 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.
25.
OBSTRUCTION
25.1 A Person shall not obstruct or hinder any person in the exercise or
performance of the person's powers pursuant to this bylaw.
26.
POWERS AND DUTIES OF SAFETY CODES OFFICERS
26.1 Without restricting any other power, duty or function granted by this bylaw
or the Safety Codes Act the Safety Codes Officer 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
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;
(g) establish the amount payable for a Permit required under the
Development Fees Bylaw;
(h) establish the amount payable for any additional inspection, search,
certificate, document, or any other service related to the
administration of this bylaw;
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(i)
require an application to execute an agreement as a condition of
granting a Permit;
(j)
require an applicant to post a bond as a condition of granting a
Permit;
(k)
place a valuation on a project for the purpose of calculating any Fee
for a Permit based on the current Altus Canadian Cost Guide;
(l)
waive all or a portion of any Fees payable;
(m) delegate any powers, duties or functions under this bylaw to an
employee of the City; and
(n) if required by the Safety Codes Officer, an Owner shall have
uncovered and replaced at his own expense any Construction that
has been covered contrary to the Quality Management Plan or an
order, or conditions of a Permit issued by a Safety Codes Officer.
27.
SEVERABILITY
27.1 Every provision of this bylaw is independent of all other provisions and if
any provision is declared invalid by a Court, then the invalid provisions
shall be severed and the remainder provisions shall remain valid and
enforceable.
28.
LIABILITY
28.1 The City, a Peace Officer or any Person who inspects property under this
bylaw or any Person who performs work on behalf of the City is not liable
for any damages caused by the inspection, the work or disposing of
anything referred to in an Order as per the Safety Codes Act.
29.
EFFECTIVE DATE
29.1 This bylaw shall come into force and effect when it receives third reading
and is duly signed.
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30.
REPEAL OF BYLAW
30.1 Bylaw C-971-16 and C-972-16 are hereby repealed.
First Reading Carried
8 December 2025
Second Reading Carried
8 December 2025
Third Reading Carried
15 December 2025
Date Signed
15 December 2025
______________________________
Mayor
______________________________
City Clerk
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SCHEDULE A: PENALTIES & FINES - SAFETY CODES PERMIT
VIOLATIONS
Offence
Fine Amount
Failure to secure required Safety
Codes Permits prior to the start
of Construction/installation as
per the Safety Codes Act and
Section 5 of this bylaw.
The amount of the fine is double the amount of the Fee(s)
payable under Schedule D of the Development Fees Bylaw
Occupying prior to issuance of
Occupancy Permit as per the
Safety Codes Act and Section 12
of this bylaw.
$550/day
Offence
First Offence
Second
Offence
Third Offence
Verification of Compliance
submission violations as per the
Safety Codes Act and Section 17
of this bylaw*.
$510
$1020
$3060
Verification of Compliance submissions violation may, in the discretion of the Safety Codes
Officer, result in the suspension of privileges in accordance with subsection 17.3 of the Bylaw.