WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

Transcription

1 Last Revised Sept. 30, 2013 Sheet B/L 5848 A CONSOLIDATION OF A BYLAW OF THE CITY OF LETHBRIDGE PASSED PURSUANT TO THE PROVISIONS OF THE SAFETY CODES ACT OF ALBERTA WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended; AND WHEREAS the City of Lethbridge is an accredited municipality; AND WHEREAS pursuant to Section 66(3) of the Safety Codes Act, the City of Lethbridge as an accredited municipality may make Bylaws; a) Respecting fees for anything issued or any material or service provided pursuant to this Act, and b) Respecting the carrying out of its powers and duties as an accredited municipality. NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS: 1. This Bylaw shall be known as The City of Lethbridge Building Permit Bylaw 2. In this Bylaw: a) ACT means The Safety Codes Act, Statues of Alberta as amended. b) ACCREDITED MUNICIPALITY means a municipality that is designated as an accredited municipality pursuant to the Safety Codes Act c) SAFETY CODES OFFICER means an individual designated as a Safety Codes Officer pursuant to the Safety Codes Act. d) All definitions contained in the Safety Codes Act shall have a similar meaning when used in this Bylaw.

2 Sheet It is the purpose of this Bylaw to stipulate the conditions, requirements and fees for permits for the use, occupancy, relocation, construction or renovation of a building, or for the addition to a building, or for the reconstruction of a building that has been damaged by fire, earthquake or other cause. 4. (1) Safety Codes Officers are hereby authorized and directed to enforce all provisions of the Bylaw. (2) The Manager, Inspection Services shall keep an accurate account of all permits issued and all fees collected and received under this Bylaw. 5. (1) No person shall commence the use, occupancy, relocation, construction, renovation, addition, demolition or reconstruction of any building without first obtaining a permit from a Safety Codes Officer to do so. (2) A permit is not required for: a) Painting and decorating. b) Minor repairs not exceeding TWO THOUSAND FIVE HUNDRED ($ ) DOLLARS in value or a single storey accessory building not greater than 10m² in building area providing it does not create a hazard and where matters affecting health and safety are not involved. c) Repair or alterations to any heating, ventilation or air conditioning system which are of a minor nature and which, in the opinion of the Safety Codes Officer, will not hinder the satisfactory operation of the system and does not involve the health and safety of the occupants of the building. 6. To obtain a permit, an applicant shall first file with a Safety Codes Officer an application in writing on the prescribed form and each application shall: 1) Identify and describe the work to be covered by the permit for which the application was made.

3 Sheet ) Describe the land on which the proposed work is to be done by a legal description and when available by a street address that will readily identify the location of the proposed work. 3) Show the use or occupancy of the building. 4) Be accompanied by the required sets of plans and specifications in the form required by Section 7 below. 5) Provide complete documentation to accurately establish the valuation of the proposed work. 6) Give such other information as may be required by the Act. 7. 1) Plans and Specifications shall be drawn to scale on substantial paper, and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the Act. 2) Each set of plans shall state the building address, the name and address of the owner of the building, the name and address of the person who prepared the plans and when an agent represents the owner the name and address of the agent. 3) Each set of plans shall include a site plan showing the actual dimensions of the lot or property and the location of the proposed work in relation to the lot or property lines and must include dimensioned set backs from all streets. 4) If requested by a Safety Codes Officer, the applicant shall include with each set of plans, a survey certificate completed by an Alberta Land Surveyor showing the information required. 5) If requested by a Safety Codes Officer, the applicant shall submit test results and all other evidence deemed necessary to show the work will be carried out in accordance with the Act.

4 Sheet ) Plans and specifications may be circulated by a Safety Codes Officer to other Departments of the City and Province to be examined for compliance with Orders, Regulations and Bylaws under their jurisdiction. 2) Where an application for a permit has been made and the proposed work set out in the application conforms to this Bylaw and the Act a permit shall be issued provided the appropriate fee has first been paid. 3) Plans which have been submitted for examination for which no permit is issued, and on which no action is taken by the owner for ninety (90) days, may be destroyed. 4) The issuance of a permit or an examination of plans and specifications shall not be construed to be a permit for, or approval of, a contravention of any provision of the Act. 5) No permit, presuming to give authority to contravene the provisions of the Act shall be valid except in so far as the work or use it authorizes is lawful. 6) The issuance of a permit based upon plans and specifications shall not prevent a Safety Codes Officer from thereafter requiring the correction of work being carried out there under when a contravention of any provisions of the Act or of this Bylaw takes place. 7) Every permit issued by a Safety Codes Officer shall expire and become null and void if the work authorized by the permit is not commenced within ninety (90) days from the date of issuance of the permit or if the work authorized by the permit is suspended or abandoned for a period of one hundred and twenty (120) days at any time after the work is commenced. 8) If it appears to a Safety Codes Officer that special circumstances exist, he may extend the period of validity of the building permit when a written request with a satisfactory explanation is submitted with the prescribed fee. 9) The Safety Codes Officer may refuse to issue further permits to a person who fails to obtain a permit for previous work, until such permit has been obtained by that person along with the prescribed fee.

5 Sheet ) Notwithstanding any other provisions contained in this Bylaw a Safety Codes Officer, upon receiving an application for a permit required by this Bylaw, may grant permission for the applicant to carry out preparatory operations before plans are thoroughly examined and approved and before a permit required hereunder is issued if it appears to him that there will be no requirement for any change in the size or position of the building. 2) The Safety Codes Officer may refuse to issue further permits to any person who fails to obtain a permit for previous work, until such permit has been obtained by that person. 3) The Safety Codes Officer may refuse to issue any further permits to an applicant who is in contravention of the requirements of the City of Lethbridge Quality Management Plan, including incomplete projects. 4) Notwithstanding permission given by a Safety Codes Officer to allow preparatory operations to be carried out on a building before a permit is issued, the applicant: a) Shall not in carrying out the preparatory work contravene any provision of this Bylaw, any other Bylaw of the City or the Act. b) Shall not proceed beyond the stage of operations indicated by the Safety Codes Officer; and c) Shall be solely liable for all loss or expense incurred by him in the event that subsequent examination of the plans and application indicates that the building may not, in fact, be erected as shown ) No person shall without prior consent, in writing, of a Safety Codes Officer: a) Alter, erase or modify any drawing or specifications included with an application for a permit made pursuant to this Bylaw; or b) Perform any work differing from or enlarging the work for which a permit has been issued pursuant to this Bylaw or temporary permission has been given pursuant to Section 9. c) Breach of any of the conditions upon which the permit is issued.

6 Sheet ) If before the work has been commenced or during the progress thereof it is desired to deviate from the application, approved drawings or specifications, notice of such intention to deviate shall be made in writing to a Safety Codes Officer whose consent shall be obtained before such deviation may be made. 3) If a Safety Codes Officer after receiving a notice of intention to deviate pursuant to Subsection (2) considers it necessary, a new revised application, together with new or revised drawings and specifications along with the prescribed fee or as the Safety Codes Officer may deem necessary to desirable shall be furnished before a revised permit or consent to a deviation to an existing permit is issued by a Safety Codes Officer ) No person shall install, alter, repair or replace a heating or ventilation system or equipment without first obtaining a permit. 2) Only the following shall be eligible to be issued a permit for the work described in Subsection (1): a) A heating contractor who is in possession of a valid certificate of proficiency in the heating trade as issued by the Apprenticeship and Industry Training Division of the Advanced Education and Technology Department of the Province of Alberta. b) A firm, company or corporation which employs a person as described in paragraph (a); or c) A person who in the opinion of a Safety Codes Officer knows the work involved in carrying out personally any heating in or about a detached single family dwelling which is or will be owned and occupied by such person. 3) Every application for a permit shall: a) be made in the form prescribed by the authority having jurisdiction. b) include sufficient copies as requested of the specifications and scale drawings showing the work that is to be carried out. c) contain any and all other information necessary to establish compliance with this Bylaw or as required by a Safety Codes Officer.

7 Sheet No person shall occupy or permit the occupancy by any person of any building or part thereof or permit any change in the existing occupancy classification of a building without first obtaining permission in writing from a Safety Codes Officer ) A Safety Codes Officer may by notice in writing suspend or revoke a permit if the permit has been issued: a) In error b) On the basis of incorrect information supplied. c) In contravention of any provision of the Act or of this Bylaw. 2) Any person who tenders a permit fee pursuant to this Bylaw and is subsequently unable to do the work set out in the permit and who has not started the work, may for a period of ninety (90) days from the date of the permit request, in writing, that his permit be cancelled. Should the permit be cancelled, a refund of one-half (½) of the permit fee shall be made. A minimum of ONE HUNDRED ($100) DOLLARS will be retained ) The fee for each permit shall be paid at the time of application is submitted. 2) A Safety Codes Officer may place a value on the cost of the work for the purpose of determining the permit fee. In determining such fee, a Safety Codes Officer may require an applicant to submit an executed contract or bona fide estimate of the cost of the work when submitting the application. The valuation is to include all labor and materials and all lighting, heating, ventilation, water supply, plumbing, electrical, fire sprinklers, elevator equipment therein and thereon. 3) If no work, including excavation, has been started before the issuance of a permit, the fee for the permit for the relocation, construction or demolition shall be as set out in the attached Schedule A which forms a part of this Bylaw. 4) If the documents submitted for the application for a permit contain substantial errors or omissions and the documents have to be re-submitted for examination, a fee equal to one quarter (¼) of the amount required under Subsection (3) may be charged for each and every re-examination. 5) The fee for a heating, ventilation or air conditioning permit shall be as set out in the attached Schedule B which forms a part of this Bylaw.

8 Sheet B/L /11/12 6) If any work, including excavation, has been started before the issuance of a permit or verbal permission to proceed has been granted by the Safety Codes Officer, the permit fee shall be double the fee required by the Subsection (3), (4), or (5). If a contractor, builder or permit holder fails to receive permission to occupy from a Safety Codes Office, the SCO may apply a penalty to that contractor, builder or permit holder. Penalties applied for occupancy prior to permission must be paid prior to further permits being issued to that contractor, builder or person. Penalties for occupancy prior to permission are detailed in Schedule A paragraph Any person or corporation guilty of an infraction or breach of any of the provisions of this Bylaw shall upon conviction be liable to a fine not exceeding Ten Thousand ($10,000.00) Dollars. 16. It is the intention of the City Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is further the intention of City Council that if any provisions of this Bylaw be declared invalid, all other provisions thereof shall remain valid and enforceable. 17. Bylaw No is hereby repealed. B/L /11/ This Bylaw shall come into effect on the 1 st day of January 2013.

9 B/L 5848 SCHEDULE A BUILDING PERMIT FEES Sheet /09/13 1. The building permit fee shall depend upon the cost of the proposed erection, alterations or repair of the building, based on the following fee: a. $7.00 for each $ or part thereof with a minimum of $ for residential permits b. $7.00 for each $ or part thereof with a minimum of $ for commercial fees 2. When an applicant applies for a permit to demolish a building, he/she shall pay to the authority having jurisdiction a flat fee of $45.00 plus $.70/m 2 of the buildings gross floor area, less the basement area. 3. When an applicant applies for a permit to move a building that person shall also apply for a foundation permit and shall provide the required information to the Safety Codes Officer. 4. When a building permit has been filed with deficiencies noted and a re-inspection is requested an additional charge of $ for the first recalled inspection, $ for the second recalled inspection and $ for the third and subsequent inspections shall be paid to the authority having jurisdiction prior to the re-inspection. 5. When an applicant applies for a permit to install a fire alarm, heat or smoke detector system, he/she shall pay to the authority having jurisdiction a fee based on construction value at $7.00 per $ When a change of use, renovations to a building or the construction of a new building occur a Safety Codes Officer may request an occupancy permit. The building owner or designated representative must apply and pay to the authority having jurisdiction $70.00 and to be paid at the time of permit application. 7. For the installation of a hot tub or other body of water regulated by the Alberta Building Code a fee of $55.00 will apply.

10 Sheet B/L /11/12 SCHEDULE B HEATING PERMIT FEES 1. FORCED AIR SYSTEM a) For each heating unit and/or system installed in a single family or two family dwelling, including replacement, alterations or extensions to the system or unit b) For each heating unit and/or system installation in other than a single or two family dwelling, including replacement, alterations or extensions to the system unit c) For each heating unit heat exchanger replacement $60.00 As per the Commercial Fee Rate schedule under the gas by-law. $ STEAM, HOT WATER AND RADIANT HEATING SYSTEMS a) For each heating unit and/or system installed in a single or two family dwelling $ b) For each heating appliance and/or system installed in other than a single or two family dwelling (fee to be determined by B.T.U. input of heating appliances) 100, 000 BTU input or less $ , ,000 BTU input $ , , 000 BTU input $ ,001 1, 000, 000 BTU input $85.00 Each additional 1, 000, 000 BTU or portion thereof $60.00 c) For each heating system altered or extended, the fee shall be as per above rates. d) For each steam and/or hot water coil installed $15.00

11 Sheet B/L /11/12 3. For each mechanical exhaust system (Commercial) either new installation or replacement of an existing system fees shall be based on construction value and calculated at $7.00 per $ For each bathroom exhaust, kitchen exhaust and dryer exhaust system, in residential apartments exceeding five (5) dwelling units $60.00/System 5. Installation or alteration of any automatic fire suppression system zone or part thereof. $75.00 Plus for each sprinkler head $ Installation or alteration of an air to air exchanger $60.00 ADDITIONAL FEES 1. When an inspection is requested and the Safety Codes Officer finds that the work is not ready for inspection, or the work or equipment does not meet the required standards, or the Safety Codes officer is unable to gain access in order to perform the inspection, an additional charge of $ for the first recalled inspection, $ for the second recalled inspection, and $ for the third and subsequent inspections. 2. If a building is occupied prior to receiving permission from a Safety Codes Officer, at the Safety Codes Officer s discretion, a penalty of up to $ will be applied. This penalty must be received prior to further permits released to that applicant. 3. When a Safety Codes Officer finds that work has commenced before a permit has been obtained, the permit shall be double the amount as set out in Schedule A or Schedule B, whichever applies. That penalty amount must be received by Building Inspection Services prior to release of further permits to that applicant. 4. When an applicant submits a request pursuant to section 10(3), the Safety Codes Officer may impose an additional permit fee for residential permits not to exceed $150.00, and for commercial permits not to exceed $ ;