Bylaw No. 2023-59 - The Building Bylaw, 2023

Regina, Saskatchewan · No. 2023-59 · adopted 2023-08-16 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 92a74ad03e11 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Bylaw No. 2023-59 Disclaimer: This information has been provided solely for research convenience. Official bylaws are available from the Office of the City Clerk and must be consulted for purposes of interpretation and application of the law. BYLAW NO. 2023-59 THE BUILDING BYLAW, 2023 Contents PART I: GENERAL ........................................................................................................... 1 Purpose ............................................................................................................................ 1 Statutory Authority ......................................................................................................... 1 Interpretation ................................................................................................................... 1 Definitions....................................................................................................................... 1 Scope ............................................................................................................................... 3 Existing Buildings ........................................................................................................... 3 Exemptions ..................................................................................................................... 4 Owner Responsible ......................................................................................................... 4 Designation and Appointment ........................................................................................ 4 PART 2: PERMITS ............................................................................................................ 6 Permit Prior to Commencement of Work or Occupancy ................................................ 6 Building Permit Required ............................................................................................... 6 Building Permit Application ........................................................................................... 7 Building Permit Expiration ............................................................................................. 8 Reinstatement of a Permit ............................................................................................... 9 Revision of a Building Permit....................................................................................... 10 Building Permit Transfer .............................................................................................. 11 Permit for a Temporary Building .................................................................................. 11 Demolition Permit Application ..................................................................................... 12 Demolition Permit Expiration ....................................................................................... 13 Certificate of Occupancy .............................................................................................. 14 Conditional or Partial Certificate of Occuancy ............................................................ 15 Certificate of Occupancy Applications ........................................................................ 15 Staged Work Permits .................................................................................................... 16 Permit Conditions ......................................................................................................... 16 Permit Refusal ............................................................................................................... 17 Permit Revocation ......................................................................................................... 17 Abandonment of Permit Application ............................................................................ 18 Cancellation of Permit Application .............................................................................. 18 PART 3: BUILDING STANDARDS ............................................................................... 18 Provision of Real Property Report to Local Authority ................................................. 18 Display of Address on Site ........................................................................................... 18 Use of Public Property .................................................................................................. 18 Responsibility for Damage ........................................................................................... 18 Metric Policy ................................................................................................................. 18 Professional Design Requirements ............................................................................... 19 Frost Line ...................................................................................................................... 19 Addressing .................................................................................................................... 19 Expansion Joints in Plumbing Stacks ........................................................................... 19 Availability of Unsoftened Water ................................................................................. 19 Sound Insulation in New Homes Adjacent to Airports ................................................ 20 Flood-Proofing in Floodway Fringe Areas ................................................................... 20 Facilities for Infant Children in Public Places .............................................................. 22 PART 4: INSPECTIONS .................................................................................................. 22 Scheduled Inspections for New Residential Construction ............................................ 22 Surcharge and Re-Inspection Fee ................................................................................. 23 PART 5: OFFENCES AND PENALTIES ....................................................................... 23 Prohibitions ................................................................................................................... 23 Offence and Penalty ...................................................................................................... 24 PART 6: MISCELLANEOUS .......................................................................................... 24 Additional Fees ............................................................................................................. 24 Consequential Amendments ......................................................................................... 24 Effective Date ............................................................................................................... 24 Severability ................................................................................................................... 25 Approved as to form this ______ day of _________________, 20___. City Solicitor BYLAW NO. 2023-59 THE BUILDING BYLAW, 2023 _______________________________________ THE COUNCIL OF THE CITY OF REGINA ENACTS AS FOLLOWS: PART 1: GENERAL Purpose 1 The purpose of this Bylaw is to provide for the administration and enforcement of The Construction Codes Act, the regulations to The Construction Codes Act, the National Building Code of Canada, the National Energy Code of Canada for Buildings and the National Plumbing Code of Canada. Statutory Authority 2 The authority for this Bylaw is section 17 of The Construction Codes Act and section 8 of The Cities Act. Interpretation 3 The words and terms italicized in this Bylaw shall have the meanings: (a) prescribed by the Act and the regulations thereto; (b) prescribed in this Bylaw; and (c) prescribed in the Zoning Bylaw. 4 Further to section 3 of this Bylaw, in the event of any conflict between definitions prescribed by the Act and the regulations thereto, this Bylaw and the Zoning Bylaw, the definitions by the Act and the regulations thereto shall prevail. 5 Interpretation of words and phrases used in this Bylaw that are not specifically defined in the Act or the regulations thereto, this Bylaw or the Zoning Bylaw shall have the meanings which are commonly assigned to them in the context in which they are used in this Bylaw, taking into account the specialized use of terms within the various trades and professions to which the terminology applies. Definitions 6 In this Bylaw: (a) "Act" means The Construction Codes Act; 2 Bylaw No. 2023-59 (b) "building permit" means a permit authorizing construction, erection, alteration or relocation of a new or existing building or part thereof, to excavate or to lay or install pipes; (c) "City" means the City of Regina; (d) "City services" includes fire hydrants, curb crossings, sidewalks, curbs, streetlights, bus stops, trees, or other physical amenities owned by or under the control of the City; (e) "elevation" means the vertical distance above or below mean sea level; (f) "grade elevation" means the elevation of the finished ground surface at a specific point on a lot or the finished ground elevation at any point on the required slope or slopes between two specific elevations at any given location on a lot; (g) "ground oriented residential housing" means a form of housing that contains a dwelling unit that has a separate exterior entrance that is directly accessible, without passing through a common lobby or corridor, from a street or open space; (h) "NBC" means the edition and provisions of the National Building Code of Canada declared to be in force pursuant to the Act and the regulations thereto; (i) "NECB" means the edition and provisions of the National Energy Code of Canada for Buildings declared to be in force pursuant to the Act and the regulations thereto; (j) "NPC" means the edition and provisions of the National Plumbing Code of Canada declared to be in force pursuant to the Act and the regulations thereto; (k) "property" means a parcel of land containing one or more abutting lots, or parts thereof, or parcel of land defined by plan, deed, certificate of title or other document of record at Information Services Corporation (ISC) held under separate ownership; (l) "street" means a street within the definition of The Cities Act; (m) "value of construction" means the total monetary worth, as determined by the local authority, of all construction or work including, but not limited to all excavation, site restoration, painting, papering, roofing, electrical work, plumbing, permanent or fixed heating equipment, elevator equipment, fire sprinkler equipment, and all labour costs, professional and other construction 3 Bylaw No. 2023-59 fees, overhead, materials and other devices entering into and necessary to the prosecution of the work in its completed form including all applicable taxes and without exclusion of any work which may concurrently require a permit under any other bylaw or from any other authority; (n) "Zoning Bylaw" means any zoning bylaw of the City. Scope 7 The provisions of this Bylaw apply to the design, construction and occupancy of new buildings, the alteration, repair, reconstruction, demolition, removal, relocation and occupancy of existing buildings, excavation of a property and the laying and installation of pipes and underground tanks to service a building. Existing Buildings 8(1) Subject to subsection (2), any construction or condition that lawfully existed within the local authority's area of jurisdiction prior to the effective date of this Bylaw need not conform to this Bylaw provided that such construction or condition does not constitute an unsafe condition. (2) Where: (a) a building or any part thereof is altered, this Bylaw applies to the parts of the building that are altered; (b) the whole or any part of a building is relocated either within or into the local authority's jurisdiction, this Bylaw applies; (c) the whole or any part of a building is demolished, this Bylaw applies to the work involved in the demolition and to the work required to any parts of the building remaining after demolition; (d) a building is damaged by fire, earthquake or other cause, this Bylaw applies to the work necessary to reconstruct damaged portions of the building; (e) an unsafe condition exists in or about a building, this Bylaw applies to the work necessary to correct the unsafe condition; (f) the occupancy of a building or any part thereof is changed, this Bylaw applies to all parts of the building affected by the change; and (g) reconstruction or alteration of a building is made necessary on account of dilapidation, this Bylaw applies to the work necessary to reconstruct or re- erect the dilapidated portions of the building. 4 Bylaw No. 2023-59 Exemptions 9 This Bylaw does not apply to: (a) sewage, water, electrical, telephone, rail or similar systems located in or on a street or a public transit right of way; (b) public utility towers and poles; (c) flood control and hydroelectric dams and structures constructed on public property; (d) mechanical or other equipment and appliances not specifically regulated in these requirements; and (e) accessory buildings not greater than 10 m2 in building area provided they are not in an unsafe condition. Owner Responsible 10 The owner of a property shall ensure that the property and the buildings on the property are designed, excavated, constructed, erected, placed, altered, repaired, renovated, demolished, relocated, removed, used or occupied in accordance with this Bylaw. Designation and Appointment 11(1) For the purposes of the Act and this Bylaw, the City hereby designates and appoints any person employed by the City in one of the following positions to exercise the City's functions as the local authority: (a) Manager of Building Standards & Inspections; (b) Coordinator, Building Permit Inspections; (c) Supervisor, Residential Inspection; (d) Supervisor, Permit Processing; (e) Building Code Engineer; (f) Building Official 1; (g) Building Official 2; (h) Building Official 3; 5 Bylaw No. 2023-59 (i) Project Engineer; (j) Supervisor, Mechanical and Plumbing Inspections; (k) Mechanical Inspector; and (l) such further persons as may be appointed by the City Manager. (2) For the purposes of the Act and this Bylaw, the City hereby designates and appoints persons employed by the City in one of the following positions and holding a building official's license as building officials: (a) Manager of Building Standards & Inspections; (b) Coordinator, Building Permit Inspections; (c) Supervisor, Residential Inspection; (d) Supervisor, Permit Processing; (e) Building Code Engineer; (f) Building Official 1; (g) Building Official 2; (h) Building Official 3; (i) Project Engineer; (j) Supervisor, Mechanical and Plumbing Inspections; (k) Mechanical Inspector; and (l) such further persons as may be appointed by the City Manager. (3) For the purposes of the Act, The Plumbing Code Regulations thereto, and this Bylaw, the City hereby designates and appoints the person holding the position of Supervisor, Mechanical and Plumbing Inspections as the Chief Plumbing Administrator. 6 Bylaw No. 2023-59 PART 2: PERMITS Permit Prior to Commencement of Work or Occupancy 12(1) No person shall commence: (a) excavation at a property; (b) laying or installing pipes and/or underground tanks to service a building; or (c) construction, placement, alteration, repair, renovation, demolition, relocation, removal, use, occupancy or change of occupancy of a building unless that person is authorized by a permit to do so. (2) If work is commenced prior to issuance of a permit required by this Bylaw, the permit for such work will be subject to both the permit fee as established by Schedule "A" to this Bylaw and a surcharge as established by Schedule "A" to this Bylaw. Building Permit Required 13(1) A building permit is required for: (a) construction of a new building or part thereof including the renovation of, or addition to a building; (b) alteration, reconstruction, removal or relocation of an existing building or part thereof; (c) repair of the foundation or structure of a building; (d) excavation of a property; (e) laying or installing pipes and/or underground tanks to service a building; or (f) a change in the occupancy classification of a building. (2) Notwithstanding subsection (1), a permit is not required for the following: (a) construction of, including a renovation of or an addition to, a stage if the platform of the stage is not at a distance greater than 1200 mm above the adjacent surface on any side and does not create a hazard; (b) construction of, including a renovation of or an addition to, a premanufactured tent or gazebo serving ground oriented residential housing, with or without a secondary suite or backyard suite, if the structure: 7 Bylaw No. 2023-59 (i) does not cover, and is not part of a group of tents that collectively cover, more than 60 m2 of ground; (ii) does not cover, and is not part of a group of gazebos that collectively cover, more than 25 m2 of ground; (iii) is not attached or supported on another building; and (iv) does not create a hazard. (c) construction of, including a renovation of or an addition to a tent or gazebo serving buildings other than ground oriented residential housing that: (i) does not cover, and is not part of a group of tents or gazebos that collectively cover, more than 60 m2 of ground; (ii) does not contain, and is not intended to contain, commercial cooking equipment; (iii) is not attached or supported on another building or structure; (iv) is more than 3 m from any other structure or property line unless the structure is constructed of materials which are non-combustible or conform to CAN/ULCS109; and (v) does not create a hazard. (d) construction of an uncovered or unenclosed exterior deck that is attached to or detached from a ground oriented residential housing that is not greater than 600 mm from that adjacent grade on all sides of the deck. Building Permit Application 14(1) Except as otherwise allowed by the local authority, every application for a building permit shall: (a) be made in a form established by, or acceptable to, the local authority; (b) identify and describe in detail the work, including the occupancy of all parts of the building, to be covered by the building permit for which application is made; (c) describe the land on which the work is to be done by a description that will readily identify and locate the lot; 8 Bylaw No. 2023-59 (d) include detailed plans and specifications for the work; (e) provide proof satisfactory to the local authority that the applicant has obtained all required approvals from the City for any street closure or encroachment required for the construction and has made payment for same; (f) state the names, addresses, telephone numbers and email addresses of the owner, architect, engineer or other designer or constructor; (g) state the value of construction; and (h) be accompanied by the required fee as established by Schedule "A" to this Bylaw. (2) For the purposes of clause (1)(h), the local authority shall review the value of construction as identified by the permit applicant and shall: (a) if satisfied that the value of construction has been correctly estimated by the applicant, assess the applicable building permit fee in accordance with Schedule "A"; or (b) if not satisfied that the value of construction has been correctly estimated by the applicant, correct the value of construction and assess the applicable building permit fee in accordance with Schedule "A" based on the local authority's value of construction. Building Permit Expiration 15(1) Subject to subsections (2) and (3), a building permit expires 2 years after the date of issuance. (2) Notwithstanding subsection (1), a building permit expires, and the rights of an owner under the building permit terminate, if: (a) the work authorized by the permit is not commenced within six months of the date of issue of the permit and actively carried out thereafter; or (b) work authorized by the permit is suspended for a period of six months or more. (3) Notwithstanding subsection (1), an extension of a building permit may, in the local authority's sole discretion, be granted if: (a) the term of the extension does not exceed a period of one year; 9 Bylaw No. 2023-59 (b) an application is made by the permit holder to the local authority, which application is: (i) made in writing; (ii) accompanied by payment of the applicable fee established by Schedule "A" to this Bylaw; and (iii) accompanied by a schedule identifying what work authorized by the permit is incomplete and the expected completion date of the work if a permit extension is granted; (c) the permit sought to be extended has not been revoked or has not expired as of the date the extension application is received by the local authority; (d) the local authority, following review of the schedule submitted by the permit holder and inspection of the work site, is satisfied that the work to be completed: (i) is authorized by the existing permit; and (ii) can reasonably be completed within the extension period if an extension is granted. (4) An extension of a building permit shall be granted in writing. Reinstatement of a Permit 16(1) The applicant or owner of an expired building permit or demolition permit may request reinstatement of that permit provided that no construction was commenced under the permit. (2) Any request for reinstatement of an expired building permit or demolition permit shall be: (a) submitted in writing to the local authority; and (b) accompanied by a schedule which identifies the date when the work would commence and the date when work would be completed if the permit was reinstated; and (c) accompanied by payment of the applicable fee established by Schedule "A" to this Bylaw. 10 Bylaw No. 2023-59 (3) The local authority may reinstate an expired building for reinstatement of the permit if: (a) construction under the expired permit was not started; (b) there has been no change to the Act or the regulations thereto, this Bylaw or to any other regulation applicable to the work which would prevent a new permit issuing for the same work; (c) in the opinion of the local authority, the timeline for construction start and completion is reasonable; and (d) payment of the applicable fee established by Schedule "A" to this Bylaw has been received by the local authority. Revision of a Building Permit 17(1) A person to whom a building permit has been issued by the local authority, or the owner of a building for which a building permit has been issued by the local authority, may submit a request to the local authority to revise the building permit. (2) A request to revise a building permit shall: (a) be accompanied by revised drawings and any other documentation relating to the changes required by the regulations and show the proposed changes; and (b) clearly identify what aspect(s) of the building permit or documentation supporting the original permit application are sought to be revised. (3) The local authority may, following receipt of a request to revise a building permit, revise the building permit provided that: (a) there has been no change to the Act or the regulations thereto, this Bylaw or to any other regulation applicable to the work which would prevent a revised permit issuing for the same work; (b) the revisions do not contain changes: (i) to the building area; (ii) to the number of storeys; (iii) to the use or occupancy of the building; 11 Bylaw No. 2023-59 (iv) to the issued development permit; or (v) any other significant changes that would warrant a new building permit as determined by the local authority; and (c) the local authority has received payment of the applicable fee established by Schedule "A" to this Bylaw. Building Permit Transfer 18(1) The holder of a building permit may apply to the local authority, in a form established by or acceptable to the local authority, for the building permit to be transferred to a new owner of the property to which the building permit relates. (2) The local authority, in its sole discretion, may grant a transfer of the building permit on the following conditions: (a) the transferee is an owner of the property to which the building permit relates; (b) the transferee has provided to the local authority a written consent to the permit transfer: (c) the transferee has acknowledged acceptance of all conditions applied by the local authority to the building permit; and (d) the transfer of the building permit does not extend the expiry date of the building permit. Permit for a Temporary Building 19(1) For the purposes of this section, a temporary building shall mean a building that: (a) is one storey in height; (b) is erected or placed on a non-conforming foundation; (c) which includes, but is not limited to, tents and air-supported structures. (2) A temporary building within the meaning of this section may include, but is not limited to a tent or air-supported structure. (3) Notwithstanding anything contained elsewhere in this Bylaw, a permit for a temporary building may be issued by the local authority, authorizing, for a limited time only, the erection and existence of a building, or part thereof, for an occupancy which, because of its nature, will exist for a short time. 12 Bylaw No. 2023-59 (4) The fee for a permit for a temporary building is as prescribed by Schedule "A" to this Bylaw. (5) Notwithstanding any other provision of this Bylaw, a permit for a temporary building expires on the date stated on the permit and that date shall not exceed one year from the date of permit issuance. (6) A temporary building to be used in connection with construction work and located on the construction site may be erected without a permit but shall be removed immediately upon completion of the said work. (7) Subject to subsection (5), a permit for a temporary building may be extended by the local authority provided such extension is issued in writing. Demolition Permit Application 20(1) Except as otherwise allowed by the local authority, every application for a demolition permit shall: (a) be made in a form established by, or acceptable to, the local authority; (b) at the request of the local authority, identify and describe in detail both the manner and the method to be employed in demolishing the building; (c) describe the land on which the work is to be done by a description that will readily identify and locate the lot; (d) provide proof satisfactory to the local authority that the applicant has arranged with the City for all obsolete or redundant sewer and water connections to the building to be sealed off or removed, and has made payment for such services; (e) provide proof satisfactory to the local authority that the applicant has arranged for the discontinuation or removal of any gas, electrical or telephone utilities; (f) provide proof satisfactory to the local authority that the applicant has obtained all required approvals from the City for any street closure or encroachment required for the demolition and has made payment for same; (g) state the names, addresses, telephone numbers and email addresses of the owner and any contractors; (h) provide proof satisfactory to the local authority that the applicant has complied with all environmental regulatory requirements relevant to the 13 Bylaw No. 2023-59 demolition, whether imposed by the City or other governmental authority, including but not limited to: (i) a contamination investigation of the building, materials or soils on or adjacent to the building site, if such investigation is required by the City; (ii) an undertaking from the applicant with respect to method of disposal of non-salvageable materials from the demolition site; (iii) an authorization from any applicable regulatory agency regarding proper disposal of materials from the demolition site; and (i) be accompanied by the required fee as established by Schedule "A" to this Bylaw. (2) In addition to compliance with subsection (1), an application for a demolition permit when the work includes blasting shall be accompanied by: (a) proof in a form satisfactory to the local authority that the blasting operations shall be conducted and directed by a person qualified to conduct such work; and (b) proof of insurance in a form satisfactory to the local authority. Demolition Permit Expiration 21(1) A demolition permit expires: (a) in the case of a demolition permit for a building not exceeding 600 m2 in area or 3 stories in height, within thirty calendar days from the date of issuance of the permit; and (b) in the case of a demolition permit for buildings exceeding 600 m2 in area or 3 stories in height, within ninety calendar days from the date of issuance of the permit. (2) Notwithstanding subsection (1), an extension of a demolition permit may, in the local authority's sole discretion, be granted if: (a) the term of the extension does not exceed a period of one year; (b) an application is made by the permit holder to the local authority, which application is: 14 Bylaw No. 2023-59 (i) made in writing; (ii) accompanied by payment of the applicable fee established by Schedule "A" to this Bylaw; and (iii) accompanied by a schedule identifying what work authorized by the permit is incomplete and the expected completion date of the work if a permit extension is granted; and (c) the permit sought to be extended has not been revoked or has not expired as of the date the extension application is received by the local authority; (d) the local authority, following review of the schedule submitted by the permit holder and inspection of the work site, is satisfied that the work to be completed: (i) is authorized by the existing permit; and (ii) can reasonably be completed within the extension period if an extension is granted. (3) An extension of a demolition permit must be granted in writing. Certificate of Occupancy 22(1) If a certificate of occupancy is required pursuant to subsection (2), no person shall occupy or allow the occupancy of any building or part thereof unless a certificate of occupancy, partial certificate of occupancy or temporary certificate of occupancy has first been obtained from the local authority. (2) A certificate of occupancy is required to be obtained: (a) on completion of a new unit or building: (b) on completion of an addition to an existing building; (c) if there is a change of occupancy or a change of use; (d) if obtaining a certificate of occupancy has been made a condition of a building permit; or (e) if a building official has issued an order stating that a building or part thereof shall not be occupied unless a certificate of occupancy is first obtained. 15 Bylaw No. 2023-59 (3) No certificate of occupancy shall issue unless a building official has conducted an inspection of the property and is satisfied the property can be safely occupied. (4) No certificate of occupancy shall issue for a project other than ground oriented residential housing without submission to the local authority of a certificate of compliance by the architect or engineer responsible for the review of construction for the project certifying that the work complies with the requirements for design conformance as contained in the NBC, NECB and NPC that is satisfactory to the local authority. (5) No certificate of occupancy shall issue for a project comprised of ground oriented residential housing without submission to the local authority of: (a) a Grade Elevation Certificate in accordance with Bylaw 2016-24 of the City of Regina, The Wastewater and Storm Water Bylaw, 2016 or its successor bylaws that is satisfactory to the local authority; (b) a Real Property Report in accordance with section 31 of this Bylaw that is satisfactory to the local authority; and (c) if requested by the local authority, certification by the architect or engineer responsible for design and/or review of any building system of the project certifying that the work complies with the requirements for design conformance as contained in the NBC and NPC that is satisfactory to the local authority. Conditional or Partial Certificate of Occupancy 23(1) The local authority may issue a conditional certificate of occupancy or partial certificate of occupancy provided that such conditional or partial occupancy or use would not jeopardize health, safety or adjacent properties. (2) Subject to subsection (3), no building shall be occupied under a conditional certificate of occupancy for more than six months. (3) At the discretion of the local authority, the local authority may renew a conditional certificate of occupancy. Certificate of Occupancy Applications 24 An application for a certificate of occupancy shall be made in a form established by, or acceptable to, the local authority. 16 Bylaw No. 2023-59 Staged Work Permits 25(1) Application may be made to the local authority for a permit to excavate property or to construct a portion of a building, and the local authority may grant a permit to excavate property or construct a portion of a building, provided that: (a) the permit applicant has obtained a development permit authorizing development of the whole building at the property; (b) complete plans and specifications for the portion of the work sought to be authorized have been submitted to the local authority; (c) given the nature of the building to be constructed, it is, in the opinion of the local authority, appropriate for construction of the building to proceed in stages with discrete permits to issue for each stage of construction. (2) In the event a permit is issued authorizing construction of part of a building, the holder of such a permit may proceed with the work without assurance that permits for construction of the remaining portions of the building will be granted. Permit Conditions 26(1) A permit may be issued subject to any conditions the local authority deems necessary to protect public health and safety and achieve compliance with other applicable laws, regulations and municipal bylaws. (2) Further to subsection (1), a permit may be issued subject to the condition that the permit applicant will submit to the local authority, within the time specified by the local authority, additional information provided that: (a) the information is not available at the time of initial application for the permit notwithstanding due diligence on the part of the applicant; (b) the information is of a secondary nature to the work sought to be authorized by the permit; (c) the application is otherwise complete and the work disclosed by the materials supporting the application complies with all other requirements of the Act, the regulations thereto and this Bylaw; or (d) the local authority is of the opinion that unreasonable delays in the construction would occur if a permit was not granted. (3) It is a condition of all demolition permits that completion of the demolition includes, but is not limited to: 17 Bylaw No. 2023-59 (a) removal of all rubbish and building materials from the property; (b) the filling in of any excavation on the property to an elevation compatible with abutting properties, the provision of proper drainage of water to the front or rear of the property, or both; and (c) the property be left in a safe and sanitary condition. (4) The requirements of this section do not exempt the permit holder from concurrently completing the demolition work in accordance with any order to comply issued pursuant to the Act or The Cities Act. Permit Refusal 27 The local authority may refuse to issue any permit in the circumstances prescribed in the regulations to the Act. Permit Revocation 28 The local authority may revoke a permit if: (a) reasons identified in the regulations to the Act for permit revocation exist; (b) there is contravention of any condition under which the permit was issued; (c) there is a failure to comply with an order issued by a building official pursuant to the Act with respect to the permitted work; (d) there is a deviation from the plans, drawings or specifications submitted to the local authority to obtain the permit; (e) the owner fails to give any notice to the local authority as mandated by the Act; (f) the owner fails to comply with the mandatory inspection provisions of this Bylaw; (g) the owner requests the local authority to revoke the permit regardless of whether the owner is the permit holder; or (h) ownership of the property changes without a transfer of the permit to the new owner having first been approved by the local authority. 18 Bylaw No. 2023-59 Abandonment of Permit Application 29 When an application for a permit has not been completed in conformance with the provisions of this Bylaw and the building standards within six months after the date of filing, the application may be deemed by the local authority to have been abandoned. Cancellation of Permit Application 30 An application for a permit may be cancelled on request of either the permit applicant or the owner of the property to which the permit application relates. If an application is cancelled on request of the permit applicant or owner, and the permit fee was paid at time of application, the permit fee may be refunded to the person from whom the local authority received the fee in accordance with Schedule "A" to this Bylaw. PART 3: BUILDING STANDARDS Provision of Real Property Report to Local Authority 31 Prior to the framing inspection, the owner shall submit to the local authority a Real Property Report showing the lateral location of the foundation in relation to the property lines and shall also show the elevation of the tops of the joists for the first storey of the building in relation to the benchmark elevations obtained from the developer or the City in accordance with Bylaw 2016-24 of the City of Regina, The Wastewater and Storm Water Bylaw, 2016, or its successor bylaws. Display of Address on Site 32 The person to whom a building permit or demolition permit has been issued shall, at all times during construction or demolition, post a sign at the property, visible from the street, clearly displaying the civic address of the property as shown on the building permit. Use of Public Property 33 No person shall excavate or undertake work on, over or under public property, or erect or place any construction or work or store any materials thereon without approval having first been obtained in writing from the government entity or agency who owns or controls the public property. Responsibility for Damage 34 Every owner is responsible for the cost of repair of any damage to public property or works located thereon that may occur as a result of undertaking work for which a permit was required or issued. Metric Policy 35(1) All drawings submitted in support of a permit application for commercial construction shall have the dimensions and scales in metric units. 19 Bylaw No. 2023-59 (2) Drawings submitted in support of a permit application for residential construction shall have the site plan dimensions and scales in metric units but may show all other dimensions in imperial units. (3) Where metric units are required to be shown on drawings, imperial units may also be shown provided that the imperial units are placed in brackets after the metric units. Professional Design Requirements 36(1) Subject to subsection (2), foundations including foundation walls and footings for all Part 9 buildings, shall be designed by an architect or engineer. (2) The requirements of subsection (1) do not apply to those residential detached accessory buildings which do not otherwise require design by an architect or engineer pursuant to the NBC. Frost Line 37 For the purposes of Sentence 9.36.2.8 of the NBC, the frost line shall be assumed to be 2.0 metres unless a geotechnical report or similar analysis by a design professional satisfactory to the local authority establishes an alternate frost line. Addressing 38(1) The local authority may assign an address for each building and may, in the case of a building having more than one front entrance, assign an address for each front entrance of the building. (2) Any existing building with an address that, in the opinion of the local authority, gives rise to confusion shall be given a new address by the local authority and upon being notified of the new address by the local authority, shall forthwith change any exterior display of the address on the building to the new address. Expansion Joints in Plumbing Stacks 39(1) Drain, waste and vent piping below grade in a dwelling unit shall contain an expansion joint, approved by the local authority, installed within 600 mm below the first floor joist of the building and the portion of said joint shall be securely anchored to the floor joist of the said first floor. (2) Subsection (1) does not apply to construction with a structural basement floor unless otherwise directed by the local authority. Availability of Unsoftened Water 40(1) For the purposes of this section, residential occupancy excludes any occupancy of a hotel, motel, or any other premises strictly intended for lodging of a temporary nature. 20 Bylaw No. 2023-59 (2) The owner of any building used for residential occupancy shall provide an unsoftened water supply that is easily accessible to all occupants of the building at all times. (3) Where the unsoftened water supply is not provided in each individual suite of a multi- unit residential building, the owner of the building shall ensure that the source of that unsoftened water supply is clearly marked with a permanent sign bearing the words "Unsoftened Water" or words of similar import. Sound Insulation in New Homes Adjacent to Airports 41(1) The provisions of this section apply to construction of new residential dwelling units on properties located in the following areas located entirely or partially within the area of the 25 Noise Exposure Forecast (NEF) contour or higher as established by Transport Canada. (2) Applications for permits for the construction identified in subsection (1) shall be accompanied by a noise attenuation report signed and sealed by an engineer or architect which identifies the anticipated aircraft noise exposure levels, describes the construction methods employed in the design of the building to attenuate the anticipated aircraft noise exposure levels, and identifies the anticipated resulting indoor acoustic level achieved by the attenuation methods and confirms that the construction methods will achieve an appropriate level of indoor acoustic level for the authorized occupancy of the final building. Flood-Proofing in Floodway Fringe Areas 42(1) The provisions of this section apply to property identified on the maps in Section 8N of the Zoning Bylaw, either whole or in part, within the Floodway Fringe. (2) Any building or structure constructed, reconstructed, relocated, renovated, repaired or altered on a property located, in whole or in part, within the Floodway Fringe shall comply with the following flood-proofing measures: (a) the grade elevation of the building shall not be less than the 1:500 design flood levels as noted in clause (2)(e); (b) the finished first floor elevation of the building or structure must be 500 mm or more above the 1:500 design flood level; (c) an automatic backwater valve or backflow preventer satisfactory to the local authority shall be installed in the sanitary and storm sewer lines that service the building or structure where the finished basement floor elevation is at or below the 1:500 design flood level; (d) all openings, such as doors, windows and vent penetrations, must be 500 mm or more above the 1:500 design flood level; and 21 Bylaw No. 2023-59 (e) the 1:500 design flood level shall be known as the following elevations for each indicated area: Richardson to Albert Street Wascana View to Highway No. 1 Bypass 573.86 m Highway No. 1 Bypass to Broad Street 573.60 m Broad Street to Albert Street 572.86 m Albert Street to Elphinstone Street 571.24 m Elphinstone Street to CN Railroad 570.86 m CN Railroad to CP Railroad 570.42 m CP Railroad to Dewdney Avenue 569.66 m Dewdney Avenue to Courtney Street Dewdney Avenue to Dieppe Place School 569.49 m Dieppe Place School to Courtney Street 568.63 m Courtney Street to Sewage Lagoons Courtney Street to Ritter Avenue 568.22 m Ritter Avenue to CN Railroad 567.90 m E 1/2 33-19-20-W2 567.39 m W 1/2 33-19-20-W2 566.81 m (3) Notwithstanding clauses (2)(a) and (b), the elevation of the first floor of a new building may be equal to the 1:500 design flood level if, in the opinion of the local authority: (a) the building meets the standard established by clause (2)(c); and (b) strict compliance with the standard established by clauses (2)(a) and (b) is impractical due to excessive differences in elevation from existing structures. (4) Notwithstanding clauses (2)(a) and (b), an existing building may be repaired, renovated or altered without compliance with clauses (2)(a) and (b) if, in the opinion of the local authority: (a) the work sought to be authorized by the permit consists of: (i) routine repairs, 22 Bylaw No. 2023-59 (ii) minor additions; (iii) minor alterations; and/or (iv) finishing of basements for recreational space; and (b) the existing building complies with clause 2(c). Facilities for Infant Children in Public Places 43(1) For the purposes of this subsection a public place means any building or part thereof to which parents and infant children have access, by invitation, expressed or implied, and where public washrooms are provided and is deemed to include, in whole or in part, the following: shopping centres, performing arts buildings, movie theatres, recreation facilities, transportation facility buildings, libraries, religious buildings, restaurants with a seating capacity exceeding fifty people, and all other non-residential locations that parents and infant children frequent. (2) A changing facility for infant children shall be included in at least one washroom open to persons of any gender in every public place. (3) A changing facility shall include, but not be limited to, a permanent counter located in such a manner as to be available at all times or a permanently attached wall device designed to be folded down when required. (4) A changing facility shall be adjacent to a wash basin with hot and cold water and shall be equipped with disposable towels in addition to any other hand-drying equipment. (5) A changing facility shall have a minimum dimension of 500 mm x 700 mm and have a surface material that is impervious to moisture and is easily cleaned and sanitized. (6) The owner or his or her agent shall ensure that every changing facility is maintained in a state of good repair and is kept clean. PART 4: INSPECTIONS Scheduled Inspections for New Residential Construction 44(1) This section applies to persons to whom a permit to construct new Part 9 ground oriented residential housing has been issued and the successors, assigns, agents or contractors of that person. (2) In addition to facilitating such other inspections of work and giving such notices as may be authorized or prescribed by the Act and this Bylaw, at each stage of construction identified in the table below, a person to whom subsection (1) applies 23 Bylaw No. 2023-59 shall cease work, notify the building official assigned to the permit or the local authority that the prescribed stage of construction has been reached and shall not proceed with further work until authorized to do so, in writing, by a building official: Stage Stage Description Foundation after installation of re-bar but prior to concrete pour Prior to Backfill after removal of forms and application of exterior damp proofing, weeping tile and after granular cover has been placed Framing after completion of framing and sheathing, installation of all exterior doors, windows, and roof membrane, including installation of flashing, fire stopping, bracing, blocking, chimney and duct work, rough wiring and plumbing and gas venting of the superstructure and after a Real Property Report has been submitted to the local authority Insulation and Vapour Barrier after insulation and vapor barrier are placed but before they are concealed by any other work Final after the building is completely constructed and ready for occupancy but prior to occupancy Other as otherwise directed in writing by a building official Surcharge and Re-Inspection Fee 45(1) Whenever any work for which a permit is required under the provision of this Bylaw has been commenced without the authority of such a permit, a special investigation of the site shall be made by the local authority before a permit may be issued for the work, and a surcharge in accordance with Schedule "A" hereto shall be charged in addition to the permit fees. (2) Where it has been determined by a building official or mechanical inspector that due to non-compliance with the provisions of this Bylaw, the Act, the regulations to the Act, the NBC or the NPC, or that, due to incomplete work, reinspection is necessary, a fee as established by Schedule "A" to this Bylaw shall apply to the owner on each reinspection visit. PART 5: OFFENCES AND PENALTIES Prohibitions 46(1) No person shall fail to comply with this Bylaw or suffer or permit a contravention of this Bylaw to occur or continue. (2) Notwithstanding the generality of subsection (1), no person shall: 24 Bylaw No. 2023-59 (a) fail to obtain a permit required by this Bylaw prior to commencing the work or occupancy to which the required permit relates; (b) deviate from the plans and specifications forming a part of the building permit, or omit or fail to complete, prior to occupancy, work required by the said plans and specifications forming part of the building permit, without first having obtained in writing the approval of the local authority for the change; (c) fail to comply with any condition of a permit issued pursuant to this Bylaw; (d) fail to give any notice to the local authority as required by this Bylaw; (e) fail to submit to any inspection required by this Bylaw; (f) fail to pay any fee or surcharge imposed by this Bylaw; or (g) remove an order posted by a building official without written authorization for such removal from the building official. Offence and Penalty 47 Any person who contravenes any provision of this Bylaw or fails to comply with any provision of this Bylaw commits an offence and is liable to prosecution under the Act. PART 6: MISCELLANEOUS Additional Fees 48 In addition to the fees specifically identified elsewhere in this Bylaw, the local authority may impose fees in accordance with Schedule "A" to this Bylaw for other permits and services issued or provided by the local authority to administer or enforce the Act, the regulations thereto or this Bylaw. Consequential Amendments 49(1) The Domestic Pigeon Control Bylaw is amended by striking out "2003-7" and substituting "2023 - 59" in section 3. (2) The Appointment and Authorization of City Officials Bylaw is amended by striking out section 7 thereof. Effective Date 50(1) Bylaw 2003-7 is repealed effective as of the date this Bylaw receives Ministerial approval. 25 Bylaw No. 2023-59 (2) This Bylaw comes into force on the date it receives Ministerial approval pursuant to the Act. Severability 51 If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision and the holding of the Court shall not affect the validity of the remaining portions of the Bylaw. 52 This Bylaw comes into force on the date of approval by the Ministry of Government Relations. READ A FIRST TIME THIS 16th DAY OF August 2023. READ A SECOND TIME THIS 16th DAY OF August 2023. READ A THIRD TIME AND PASSED THIS 16th DAY OF August 2023. S. Masters J. Nicol Mayor City Clerk (SEAL) CERTIFIED A TRUE COPY City Clerk Approved by the Ministry of Government Relations this 20th day of September , 2023. M. Meickel Ministry of Government Relations Bylaw No. 2023-59 Schedule "A" Fees All fees on this schedule are subject to applicable taxes Effective Date On date of bylaw adoption Part 9 Small Projects: a) basement development b) decks (covered and uncovered) c) detached garages d) foundation repairs $245.00 $100.00 $195.00 $135.00 New and Additions to One and Two Unit Dwellings $9.00 per m², minimum fee $100.00 All Construction Other Than New and Additions to One and Two Unit Dwellings and Part 9 Small Projects: (including renovations, sunrooms, secondary suites, carports, attached garages, etc) $8.00 per $1000 construction value, minimum fee $100.00 Temporary Building Permit $138.00 per month Demolition Permit a) Buildings under 600m2 b) Buildings 600 m2 and over $100.00 $200.00 Surcharge for Commencement of Construction Prior to Permit Issuance 10% of permit fee or $100, whichever is greater Permit Extension $100.00 Permit Reinstatement $100.00 Permit Revision $100.00 Permit Application Cancellation refunds a) after permit issued but before inspections commence b) after inspections commence or 2 years after the issuance date refund of 50% of permit fee less $100.00 administration charge no refund Reinspection Fee $100.00 Special Inspection Fee (outside scheduled working hours) $200.00 Compliance Certificate $140.00 Change of Address $21.75 Permit History Retrieval Fee a) Plans II x 17 and smaller b) Plans II x 17 and larger $20.00 $30.00 + supplier cost Off Site Permit History Retrieval (per box) $13.80 ABSTRACT BYLAW NO. 2023-59 THE BUILDING BYLAW, 2023 _______________________________________ PURPOSE: To renew and replace the City's building bylaw due to the repeal and replacement of The Uniform Building and Accessibility Standards Act with The Construction Codes Act. ABSTRACT: The Construction Codes Act requires that local authorities with building bylaws adopted pursuant to The Uniform Building and Accessibility Standards Act renew and/or replace those bylaws with a new building bylaw adopted pursuant to The Construction Codes Act. This Bylaw substantially continues the regulatory program established through Bylaw 2003-7 but contains some changes to align the bylaw with The Construction Codes Act, the National Building Code of Canada, the National Plumbing Code of Canada, the National Energy Code of Canada and City process and program improvements arising from recent program review projects, improve readability of the bylaw and remove dated or redundant provisions. STATUTORY AUTHORITY: Section 17 of The Construction Codes Act and section 8 of The Cities Act. MINISTER'S APPROVAL: Ministerial approval of this Bylaw is required pursuant to section 17 of The Construction Codes Act. PUBLIC HEARING: N/A PUBLIC NOTICE: N/A REFERENCE: Executive Committee, July 5, 2023, EX23-60 and City Council July 12, 2023, CR23-88 AMENDS/REPEALS: Bylaw 2003-7 CLASSIFICATION: Regulatory INITIATING DIVISION: City Planning and Development INITIATING DEPARTMENT: Planning & Development Services