Bylaw No. 20-15 — A Bylaw Respecting Buildings ("The Building Bylaw") — full text, South Lake, Saskatchewan

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RESORT VILLAGE OF SOUTH LAKE BYLAW NO. 20-15 A BYLAW RESPECTING BUILDINGS The Council of the Resort Village of South Lake in the Province of Saskatchewan enacts as follows: SHORT TITLE 1. This Bylaw may be cited as "The Building Bylaw". INTERPRETATION 2. a. "Act" means The Uniform Building and Accessibility Standards Act Being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 (consult Tables of Saskatchewan Statutes for effective date) as amended by the Statutes of Saskatchewan, 1986-87-88, c.60; 1989-90, c.62; 1993, c.18; 1996, c.E-9.3; 1998, c.P-42.1; 2002, c.C-11.1; 2005, c.M-36.1; 2010, c.N-5.2; 2012, c.34; 2013, c.R-9.11 and c.27; and 2015, c.21. b. "Regulations" means regulations made pursuant to the Act. c. "Administrative Requirements" means The Administrative Requirements for Use with the National Building Code. d. "Municipality" means the Urban Municipality of the Resort Village of South Lake. e. "Council" means the Council of the Resort Village of South Lake. f. Definitions contained in the Act and regulations shall apply in this Bylaw. SCOPE OF THE BYLAW 3. a. The Uniform Building and Accessibility Standards Act and Regulations and the Administrative Requirements b. Notwithstanding subsection (a), references and requirements in the Administrative Requirements respecting matters regulated by the Act and Regulations shall not apply. GENERAL 4. a. A permit is required whenever work regulated by the Act and Regulations is to be undertaken. b. No owner or agent of the owner shall work or authorize work or allow work to proceed on a project for which a permit is required unless a valid permit exists for the work to be done. c. The granting of any permit which is authorized by this Bylaw shall not: (i) 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, Act and/or regulation affecting the site described in the permit, or (ii) make either the municipality or any municipal official or any building official appointed by the municipality liable for damages or otherwise by reason of the fact that a building, the construction, erection, placement, alteration, repair, renovation, demolition, relocation, removal, use or occupancy of which has been authorized by permit, does not comply with the requirements of any such building restriction agreement, bylaw, Act and/or regulation affecting the site described in the permit. BUILDING PERMITS 5. a. Every request for service application for a permit to construct, erect, place, alter, renovate or reconstruct a building shall be accompanied by two sets of the plans and specifications of the proposed building, except that when authorized by a building official, plans and specifications need not be submitted. b. A building official may require submission of an up-to-date geotechnical report, plan or survey as a condition of permit approval. c. If the work described in an application for a building permit, to the best of the knowledge of Council or its authorized representative, complies with the requirements of this bylaw, the municipality, upon receipt of the prescribed fee shall issue a permit by: (i) issuing to the applicant an approved copy of the Plan Review sent by the Building Inspector. d. Council may, at its discretion, have plan review, inspection and other services for the purpose of enforcement of the Act and Regulations provided by a building official or building officials designated by the minister to assist the municipality pursuant to subsection 4(4) of the Act. e. Council may, at its discretion, have plan review, inspection and other services provided by a person, firm or corporation employed under contract to the municipality. f. The permit fee for construction, erection, placement, alteration, renovation or reconstruction of a building shall be based on the fee schedule provided by the contracted Building Inspector. h. Approval in writing from Council or its authorized representative is required for any deviation, omission or revision to work for which a permit has been issued under this section. i. All permits issued under this section expire one (1) year from date of issue. A permit may be renewed for six (6) months upon written application to the municipality. j. Council may, at its discretion, rebate a portion of a permit fee where work is reduced in scope or discontinued, or where other exceptional circumstances occur. DEMOLITION OR REMOVAL PERMITS 6. a. (i) The fee for a permit to demolish or remove a building shall be $40.00. (ii) In addition, the applicant shall deposit with the municipality, the following sum as the Council or its authorized representative considers sufficient to cover the cost of restoring the site after the building has been demolished or removed to such condition that it is, in the opinion of the Council or its authorized representative, not dangerous to public safety: deposit of $500.00. (iii) If the applicant who demolishes or removes the building restores the site to a condition satisfactory to the Council or its authorized representative, the sum deposited or portion thereof shall be refunded. b. Every application for a permit to demolish or remove a building shall be in Form "B". c. Where a building is to be demolished and the municipality is satisfied that there are no debts, taxes in arrears, or taxes outstanding with respect to the building or land on which the building is situated, the municipality, upon receipt of the prescribed fee and deposit, shall issue a receipt for the fees paid which serves as the permit for the demolition. d. Where a building is to be removed from the municipality, and the municipality is satisfied that there are no debts, taxes in arrears, or taxes outstanding with respect to the building or land on which the building is situated, the municipality, upon receipt of the prescribed fee and deposit, shall issue a permit for the removal by returning to the applicant an approved Application for A Permit to Move or Demolish a Building (Form B). e. (i) Where a building is to be removed from its site and set upon another site in the municipality, and the municipality 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, and the building when placed on its new site and completed, to the best of the knowledge of the municipality or its authorized representative, will conform with the requirements of this Bylaw, the municipality, upon receipt of the fee and deposit prescribed, shall issue a permit for the removal in Form B - Application for a Permit to Move or Demolish a Building. (ii) In addition, the local authority, upon receipt of the fee prescribed in Section 5 (f), shall issue a permit for the placement of the building. f. All permits issued under this section expire one (1) year from the date of issue. A permit may be renewed for six (6) months upon written application to the municipality. ENFORCEMENT OF BYLAW 7. a. If any building, or part thereof, or addition thereto is constructed, erected, placed, altered, repaired, renovated or reconstructed, in contravention of any provision of this bylaw, the Council or its authorized representative may take any measures as permitted by Part V of the Act for the purpose of ensuring compliance with this bylaw including, but not limited to: (i) entering a building, (ii) ordering production of documents, tests, certificates, etc. relating to a building, (iii) taking material samples, (iv) issuing notices to owners which order actions within a prescribed time, (v) eliminating unsafe conditions, (vi) completing actions, upon an owner's non-compliance with an order, and adding the expenses incurred to the tax payable on the property, and (vii) obtaining restraining orders. b. If any building, or part thereof, is in an unsafe condition due to its faulty construction, dilapidated state, abandonment, open or unguarded condition or any other reason, the Council or its authorized representative may take any measures allowed by subsection a. c. The owner of a building for which a permit has been issued or for which actions are being taken in compliance with an order shall give notice in writing to the municipality as required in Section 17.2 of the Act including, but not limited to: (1) on start, progress and completion of construction, (2) of change in ownership prior to completion of construction, and (3) of intended partial occupancy prior to completion of construction. SPECIAL CONDITIONS 8. a. Notwithstanding the requirements of the Regulations, an architect or professional engineer registered in the province of Saskatchewan shall be engaged by the owner for assessment of design and inspection of construction or certification of a building or part of a building where required by council or its authorized representative. b. It shall be the responsibility of the owner to ensure that change in property lines/and or change in ground elevations will not bring the building or an adjacent building into contravention of this bylaw. c. It shall be the responsibility of the owner to arrange for all permits, inspections and certificates required by other applicable Acts and regulations. PENALTY 9. a. Any person who contravenes any of the provisions of this bylaw shall be liable to the penalties provided in Section 22 of the Act. b. Conviction of a person or corporation for breach of any provision of this bylaw shall not relieve him from compliance therewith. 10. Bylaw No. 4-04 is hereby repealed. 11. This Bylaw shall come into effect upon final reading. READ A FIRST TIME this 14th day of October, 2015 READ A SECOND TIME this 14th day of October, 2015 READ A THIRD AND ADOPTED this 15th day of October, 2015 Mayor Seal Clerk Certified a true copy of Bylaw No. 20-15. ______________________________________ Administrator