Bylaw No. 6-22, A Bylaw Respecting Buildings (Building Bylaw)

Buena Vista, Saskatchewan · No. 6-22 · adopted 2022-10-11 · summary & facts

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot ae7af90e86dc · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## SHORT TITLE - 1 (1) This bylaw may be cited as the Building Bylaw. ## PURPOSE OF THE BUILDING BYLAW - 2 (1) The purpose of this building bylaw is to provide for the administration and enforcement of the Act, the regulations, The National Building Code of Canada, The National Energy Code of Canada for Buildings, ministerial interpretations, and Saskatchewan Construction Standards Appeal Board orders and building official orders within the local authority. ## INTERPRETATION/LEGISLATION Notwithstanding the definitions prescribed in this section for the purpose of administration and enforcement of this building bylaw, definitions contained in The Construction Codes Act, The Building Code Regulations, and The Energy Code Regulations, shall apply in this building bylaw. - 3 (1) "Act" means The Construction Codes Act. - (2) "building official" means a person who holds a building official license. - (3) "competent person" means a person who is recognized by the local authority as having the following to design or review the design of proposed work: - (a) a degree, certificate, or professional designation; or - (b) the knowledge, experience, and training necessary. - (4) "construction standards" in this building bylaw means the Act, the regulations, The National Building Code of Canada, The National Energy Code of Canada for Buildings, ministerial interpretations pursuant to section 8 of the Act and Saskatchewan Construction Standards Appeal Board orders, interpretations and orders of building officials within the local authority and any related bylaws adopted by the local authority. ## Village of Buena Vista ## BYLAW NO. 6-22 ## A BYLAW RESPECTING BUILDINGS The Council of the Village of Buena Vista in the Province of Saskatchewan enacts as follows: - 5) "farm building" means, subject to the regulations, a building that: 2. (b) is located on land used for agricultural operation as defined in The Agricultural Operations Act; and 3. (a) does not contain a residential occupancy; 4. (c) is used for the following purposes: 5. (ii) the production, storage or processing of primary agricultural and horticultural crops and - (1) the of housing livestock; feeds; - (iii) the housing and storage or maintenance of equipment or machinery associated with an agricultural operation. - (6) "local authority" means the Village of Buena Vista and its elected council. - (7) "NBC" means the edition and provisions of The National Building Code of Canada, including revisions, errata, and amendments to it, declared to be in force pursuant to the Act and the regulations. - "NECB" means the edition and provisions of The National Energy Code of Canada for Buildings, including revisions, errata, and amendments to it, declared to be in force pursuant to the Act and the regulations. - (9) "occupancy certificate" means a certificate issued with respect to the approved use or occupancy of a building. - (10) "owner" means: - (a) any person who has any right, title, estate, or interest in land, improvements, or premises other than that of a mere occupant, tenant, or mortgagee; - (c) if the building is owned separately from the land on which the building is located, the owner of the building. - (b) any person, firm, or corporation that controls the property under consideration; or - (11) "owner's representative" means any person, company, employee, or contractor who has authority to act on behalf of the owner. - (12) "permit" means written authorization issued by the local authority or its building official in the form of a building permit. - (13) "permit fees" means as defined in this building bylaw. - (14) "plan review" means the examination of building drawings and related documents by a building official to ascertain whether those drawings and documents meet the requirement of the construction standards. - (15) "regulations" means The Building Code Regulations and The Energy Code Regulations. - (16) "SAMA" means the Saskatchewan Assessment Management Agency. - (17) "service provider" means the company providing building official services to the local authority. - (18) "value of construction" means the total costs to the owner for the work in its completed form and includes the cost of design, all building work, materials of construction, building systems, labor, overhead, and profit of the contractor and subcontractors. - (19) "work" means any construction, addition, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy, or reconstruction of a building. - (20) Any other definitions contained in the Act and the regulations shall apply in this building bylaw. ## SCOPE OF THE BYLAW - 4 · (1) This building bylaw applies to all work undertaken or to be undertaken within the geographical jurisdiction of the local authority. - (2) The provisions of this building bylaw apply to buildings greater than 10 m2 (107.6 ft2) in the building area except as otherwise exempted by the Act or the regulations. - (3) Retaining walls attached to a structure or free-standing greater than 600 mm (2 ft) in differential grade height on lands not used for agricultural purposes. - (4) An accessory building not greater than 10 m? (107.6 ft2) is exempt from this building bylaw provided it does not create a hazard and provided it does not have sleeping accommodations. - (5) Decks under 600 mm (2 ft) in differential grade height on lands for residential use are deemed as patios exempt from this building bylaw. ## PERMIT FEE AND PAYMENT - 5 (1) The permit fee shall be determined by the local authority, and may include the following: - (b) any deposit as described in the Schedules; - (a) an administration fee as described in the Schedules for the processing, handling, and issuance of a permit; - (c) the service fee charged to the local authority by a building official engaged to review, inspect and enforce the construction standards as per the agreement between the local authority and building official and as described in the service provider agreement; - (e) all applicable taxes. - (d) the SAMA fee charged to the local authority by SAMA with respect to the work; and - (2) The owner or the owner's representative may be invoiced by the local authority for additional fees as determined by the local authority or service provider and will be due on receipt of the invoice. The additional fees may include charges for: - (a) varying conditions or scope of a permit; - (b) occupancy without prior written approval from the local authority or building official; - (c) failure of the owner or owner's agent to ensure that all inspections are scheduled and completed by the building official; - (d) issuance of building official's orders; - (e) additional service fees required to review, inspect and enforce the construction standards; - (f) renewing, revoking, extending, varying the conditions of, canceling or reinstating a permit; - (h) the cost to register an interest in lands through Land Titles Registry; and - (g) costs incurred by the local authority to remedy the building into a safe condition or demolish the building or bring the building into compliance with the construction standards; - (3) The deposit may be refunded, on request by the owner or the owner's representative, if the local authority or building official deems the work satisfactorily complete. - (4) The local authority may, at its discretion, rebate a portion of a permit fee or additional fees where work is reduced in scope or discontinued, or where other exceptional circumstances occur. - (5) The local authority may increase permit fees by 50% of the original permit fee if work commences prior to obtaining a permit. - (6) For a demolition or removal permit, the applicant shall provide a refundable deposit to the local authority to cover the cost of restoring the site after the building, as described in the Schedules. The local authority shall hold the refundable deposit until, in the opinion of the local authority or the building official, the conditions are not dangerous to public safety. - (7) The building official may establish the value of construction for the work described in the application for a permit, for the purpose of determining the permit fee or additional fees, based on established current construction costs, the owner's or the owner's representative statement of costs or constructor's contract values, or similar methods selected by the building official. - 8) Unpaid permit fees or additional fees will be considered a debt due to the local authority and may be recovered from the owner of the land or premises in or on which the work was carried out as per the Act. If fees are not paid within 30 days all fees may be levied to taxes for collection. - (9) Where the local authority refuses to issue or revokes a permit, the local authority shall refund any fee or deposits paid as part of the application for the permit, less administration, and service fees. ## GENERAL DUTIES OF THE OWNER - 6 (1) The duties of the owner or the owner's representative as applicable, includes but are not limited to: - (a) ensuring that the building and work is in accordance with the construction standards; - (b) not commencing or cause to be commenced work without first having obtained a valid permit from the local authority; - (d) complying with the terms and conditions of the plan review; - (c) complying with the terms and conditions of the permit; - (e) ensuring all notifications required by this building bylaw are given to the local authority; - (f) ensuring all inspections are scheduled and completed by the building official; - (g) not enclosing prior to inspection, the work that requires inspection by a building official; - (h) paying all costs associated with showing compliance with the construction code; - (i) not occupying the building or part of the building before the issuance of an occupancy certificate by the local authority or the building official pursuant to clause 16(11)(h) of the Act; - (i) obtaining prior written approval from the local authority before closing or blocking any road, street, lane, or sidewalk; - (1) fill and level any excavation on the property with clean non-expansive fill, to an elevation compatible with abutting properties; and - (k) supplying and maintaining, at their own expense, all warning signs, barricades, fences, or other services that may be required to warn the public and protect the public from the work; - (m) ensuring that the property is left in a safe and sanitary condition, including removing all rubbish and building materials to an approved location. For greater clarity, this includes not burying on the site any waste material, including concrete from the demolition of a basement or foundation, or below-ground level substructures or framework. - (n) arranging for all permits, inspections, and certifications required by any other applicable bylaws, Acts, and regulations, and ensuring all copies of any inspection or review reports conducted by others are made available to the building official or local authority; ## PERMITS - GENERAL CONDITIONS - 7 (1) Permits shall be subject to any geotechnical requirements stated by the local authority. - (2) Permits will be required for retaining walls attached to a structure or freestanding that is greater than 600 mm (2 ft) in differential grade height on lands not used for agricultural purposes. An engineer licensed in the Province of Saskatchewan will be required to design such structures. - (3) The granting of any permit by this building bylaw shall not: - (a) entitle the grantee, his successor or assigns, or anyone on his behalf to erect any building that fails to comply with the requirements of any building restriction agreement, bylaw ac and/or regulation affecting the site described in the permit; or - (b) make either the local authority or the building official liable for damages or otherwise by reason of the fact that a building, the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use of occupancy of which has been authorized by permit, does not comply with the requirement for any building restriction agreement, bylaw act and/or regulation affecting the site described in the permit. - (4) Approval in writing from the local authority and building official is required for any deviation, omission, or revision to the work. ## PERMITS - APPLICATION AND ISSUANCE - 8 (1) Every application for a permit for work shall be in a form as required by the local authority or its building official, and shall be accompanied by a minimum of one set of plans and specifications in electronic format (PDF) of the proposed building and work. - (2) The owner or owner's representative consents to the use of email for communications. - (3) Whenever the proposed work requires the technical expertise of an architect or engineer, the local authority or building official may require that all drawings and specifications, or any part thereof, be prepared or reviewed, sealed, dated, and signed by a professional engineer or architect registered or licensed to practice in the Province of Saskatchewan. - (4) The local authority shall not issue a permit until the local authority is satisfied that there are no debts or taxes in arrears or taxes outstanding with respect to the building or land on which the building is situated. - (5) The application for a permit shall be reviewed and approved by the building official. The building official will return an approved plan review, showing all required inspections by the building official. - (6) The local authority shall issue a permit if: - (a) All permit fees deposits and any applicable taxes have been paid; and - (b) If the work described in the application for a permit, to the best of the knowledge of the local authority or building official, complies with the requirements of the construction standards. ## PERMITS - REFUSAL TO ISSUE AND REVOCATION - 9 (1) The local authority may refuse to issue a permit if: - (a) the proposed work would contravene the construction standards; - (b) the person who designed or reviewed the design of the proposed works that is within the scope of Part 9 of the NBC is not a competent person; - (c) the person who designed or completed a design review of the proposed works that is within the scope of the NECB is not an engineer or architect; - (c) the application for a permit is incomplete; - (d) any fee or deposit required by the local authority are not paid; or - (e) the proposed work would contravene any other Act, regulations, or bylaws that applied to the proposed work. - (2) The local authority may revoke a permit if: - (a) the holder of the permit requests in writing that it be revoked and the work has not commenced; - (b) there is a contravention of any condition under which the permit was issued; - (d) the permit was issued on mistake, false or incorrect information; or - (c) the permit was issued in error; or - (3) Where the local authority refuses to issue or revokes a permit, the local authority shall provide written notice to the applicant or permit holder as to the reasons for the refusal or revocation. ## PERMITS - EXPIRY - 10 (1) All permits shall expire on the date stated in the permit, or if no date is stated, the earliest of the following: - (a) 24 months from the date of issue; - (b) 6 months from date of issue if work is not commenced within that period; - (c) 6 months from the date of the last inspection by a building official where work has not seriously progressed to the satisfaction of the building official and without prior authorization from the local authority; - (2) All permits issued for demolition; removal expire 6 months from the date of issue. - (3) If the owner wishes to terminate the work, the owner or the owner's representative must first receive written approval from the local authority to terminate the permit. - (4) If the permit expires, but not all of the work is complete, the owner or the owner's representative shall apply to the local authority in writing, this request must be accompanied by a fee of 50% of the original permit cost. - (a) to extend the term of the permit. The local authority may extend the permit to a maximum of 24 months; or - (b) vary the conditions of the permit. - (5) The expiration of a permit does not relieve the owner or owner's representative from the obligation to put the building in a safe condition or demolish the building. ## PERMITS - ENFORCEMENT - 11(1) The local authority or building official may take any measures as permitted in the Act or the regulations for the purpose of ensuring compliance with the construction standards. - (2) Failure to obtain a permit or follow the terms of the permit, including ensuring that all inspections are scheduled and completed by the building official, may result in the issuance of a building official's order, in accordance with section 25 of the Act. - (3) The building official may direct the local authority to register an interest in the lands through Land Titles Registry if a building official's order was not adhered to, in accordance with section 20 of the Act. ## NOTIFICATION - 12 (1) Before commencing work, the owner or owner's representative shall give notice to the local authority, in writing, of: - (b) the designer of the work; - (a) the contractor or other person in charge of the work; - (c) the person or firm reviewing the work to determine whether or not the work conforms to the design; - (e) the date the work is intended to commence; - (d) any inspection or testing agency that is engaged to monitor the work; - (f) when the excavation is to commence; - (2) The owner or owner's representative must call for all inspections set out by the building official in the plan review. - (3) Failure to provide notice and ensure that all inspections are scheduled and completed by the building official could result in destructive testing efforts requested by the building official at the cost of the owner or the owner's representative. - (4) During the course of the work, the owner or owner's representative shall give notice to the local authority in writing of any: - (a) change in, or termination of, the employment of a person or firm listed in subsection (1); - intent to do any work requiring inspections by the building official; - (d) proposed or undertaken deviations from the plans approved and permitted by the local authority; - (c) intent to enclose any work requiring inspection by a building official; - (e) the completion of the work; - (1) change in ownership, or change in address of the owner or the owner's representative that occurs before the completion as soon as the change occurs; and - (g) intention to occupy the building or portions of the building prior to the issuance of occupancy. - (5) A real property report of the site prepared by a registered land surveyor shall be submitted by the owner or owner's representative for principal buildings and dwellings required by the local authority. Failure to do so may result in the issuance of a stop-work order with additional fees. ## Notice of a Failure - 13 (1) The owner, owner's representative or owner's agents, contractors, employees or successors or the registered owner of the land on which the building is situated shall submit a written report to the local authority of the occurrence of the following that causes or has the potential to cause serious injury or loss of life: - (a) structural failure of the building or part of the building; - (b) failure of any equipment, device, or appliance that is regulated by the Act or the regulations. - (2) The report must be submitted to the local authority within 15 days after the occurrence of the failure. The report must contain: - (a) the name and address of the owner; - (b) the address or location of the building involved in the failure; - (c) the name and address of the constructor of the building; and - (d) the nature of the failure. - (3) On receipt of the report, the local authority may require an owner or owner's representative to: - (b) complete any additional work that is necessary to ensure immediate compliance. - (a) provide other information that the building official or local authority may consider necessary; ## ENFORCEMENT OF CONSTRUCTION STANDARDS - 14 (1) The local authority or the building official may take any measures as permitted by sections 24, 25, or 26 of the Act and sections 13 and 14 of the regulations for the purposes of ensuring compliance with this building bylaw. - (2) If any work to a building or part thereof or addition thereto is in contravention of any provision of the construction standards, the local authority may take any measures as permitted by the Act for the purpose of ensuring compliance, including, but not limited to: - (a) entering a building; - (b) ordering production of documents, tests, certificates, etc. relating to a building; - (c) taking material samples; - (d) ordering actions to be completed within a prescribed time; - (e) eliminating unsafe conditions; - (1) completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property; and - (g) obtaining restraining orders. - (2) If any building or part thereof or addition thereto is in an unsafe condition due to faulty work, dilapidated state, abandonment, open or unguarded condition or any other reason, the local authority may take any measures allowed by the Act. ## BUILDING DESIGN REQUIREMENTS - 15 (1) The owner or owner's representative that undertakes to or has constructed a building that is within the scope of Parts 3, 5, 6, and 7 of the NBC shall have an architect or professional engineer registered in the Province of Saskatchewan: - (a) complete the design or design review and inspection of the building and all buildings systems; - (b) provide a Commitment of Field Review letter as part of the permit application for work; and - (c) provide an Assurance of Field Review and Completion letter, on completion of the work, providing assurance that the work conforms to the architect's or engineer's design and the construction standards. - (2) The owner or owner's representative that undertakes to or has constructed a building with a structure that is within the scope of Part 4 of the NBC shall have an architect or professional engineer registered in the Province of Saskatchewan: - (a) complete the design or design review of the structure; - (c) complete the reviews required by the NBC; - (b) complete an inspection of the construction of the structure to ensure compliance with the design; - (d) provide a Commitment of Field Review letter as part of the permit application for work; and - (e) provide an Assurance of Field Review and Completion letter, on completion of the work, providing assurance that the work conforms to the architect's or engineer's design and the construction standards. - (3) Foundations for residential occupancies including modular homes with A277 certification shall be designed pursuant to subsection (2). - (4) The owner or owner's representative that undertakes to or has constructed a building that is within the scope of Part 9 of the NBC shall have a competent person: - (a) complete the design or review of designs of the building; - (5) The owner or owner's representative that undertakes to or has constructed a building with a structure that is within the scope of the NECB shall have an architect or professional engineer registered in the Province of Saskatchewan: 2. (a) complete the design or design review of the structure; 3. (b) complete an inspection of the construction of the structure to ensure compliance with the design; 4. (C) complete the reviews required by the NECB; 5. (e) provide an Assurance of Field Review and Completion letter, on completion of the work, providing assurance that the work conforms to the architect's or engineer's design and the construction standards. 6. (d) provide a Commitment of Field Review letter as part of the permit application for work; and 7. At the request of the local authority or building official, the owner or owner's representative shall ensure copies of any inspections or review reports made pursuant to this section are made available to the local authority or building official. - (7) No owner or owner's representative shall cause or allow the ground elevations of a building to be changed so as to place in contravention of the NBC. This includes the building or part of the building, or an adjacent building. - (8) If the property boundaries of a building lot are changed so as to place a building or part of a building in contravention of the NBC, the regulations, or bylaws, the owner or owner's representative shall immediately alter the building or part of the building to bring it into compliance with the NBC. ## PENALTY - 16 (1) Any person who contravenes any of the provisions of this building bylaw may be subject to the penalties provided in Part 8 of the Act. - (2) Conviction of a person or corporation for breach of any provision of this building bylaw shall not relieve the person or corporation from compliance with the construction standards. ## REPEAL OF PREVIOUS BUILDING BYLAW - 17 (1) On enactment of this building bylaw, all previous building bylaws, including building bylaw amendments, are repealed (seal) FLOR BUENA Seal VISTA SASKATCHENNA MAYOR Manis MUNICIPAL OFFICIAL (CAO) <!-- image --> <!-- image --> <!-- image --> Certified a true copy of bylaw number 6-22 adopted by resolution on the 11th day of October, 2022 Read a first time this 11th day of October, 2022 Read a second time this 11th day of October, 2022 Read a third time and adopted this 11th day of October, 2022 Schedule A: Residential! Permit Fees | Project Type | Size? (m?) or Type | Building permit Fee | Deposit | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------|-----------------------|-----------| | New Dwelling (Each additional 40 m? of developed living space, including walkout and finished basements, is $170.00) (includes attached garage & deck) Note: 139 m? = 1496 ft2 | up to 139 m? | $1740.00 $170.00 | | | Addition / Accessory Bldg w/Living Space Secondary Suite | | $1110.00 | | | Attached Garage | | $655.00 | | | (No living space or permanent heat source) | Insulated Not Insulated | $890.00 $655.00 | | | Accessory Building? (No living space or permanent heat source) | Insulated Not Insulated | $655.00 $340.00 | | | Renovation (structural or egress) | | $655.00 | | | Basement Development | | $655.00 | | | Deck (not covered or enclosed) | | $340.00 | | | Solar Panels (PV or Domestic Hot Water) | | $355.00 | | | Retaining Wall | | $655.00 | | | Foundation Replacement | | $890.00 | | | Demolition & Removal | | $100.00 | $2000.00 | | Mobile (Manufactured) Home | | $1420.00 | $2000.00 | | RTM / Modular Home / Post- up to 139 Move (includes attached garage & | m? | $1470.00 | $2000.00 | |-------------------------------------------------------------------------|-----------|------------|------------| | deck) | 140 - 179 | $170.00 | | | (Each additional 40 m? of developed | 180 - 219 | $170.00 | | | living space, including walkout and | 220 - 259 | $170.00 | | | finished basements are $170.00) | 260 - 299 | $170.00 | | Residential': As defined in 2015 NBC, and includes: detached houses, semidetached houses, duplexes, triplexes, townhouses, row houses, and boarding houses. Buildings with a horizontal area larger than 600 m? are classified as Commercial. Size?: Amount of developed living space. Noted at top of Plan Review report, based on plans provided. Accessory Building?: Examples include detached garages, boathouses, pole buildings, etc. If a permanent heat source is needed, additional fees may apply. ## Schedule B: Commercial Permit Fees ## A) Value of Construction Fees: VOC' × $7.00 / $1,000 ## B) Minimum Fees: | Project Type | Type | Building Permit Fee | Deposit | |----------------------------------------------------------------|-------------------------|-----------------------|-----------| | Principal Building | | $1605.00 | | | Addition | | $1425.00 | | | Renovation / Tenant Improvements | | $920.00 | | | Accessory Building? (No living space or permanent heat source) | Insulated Not Insulated | $950.00 $655.00 | | | Solar Panels (PV or Domestic Hot Water) | | $355.00 | | | Demolition & Removal | | $100.00 | $2000.00 | VOC!: Value of Construction. The total value of the building in its completed form. Includes: cost of design, building work, materials of construction, building systems, labor and overhead, and profit of the contractor and subcontractors. Altus Group Guide for Canadian Cost of Construction is used if the project appears to be undervalued. Accessory Building: Examples include detached garages, boathouses, pole buildings, etc. If a permanent heat source is needed, additional fees may apply.