BYLAW NO. 2010 – 124
A BYLAW OF THE TOWN OF BURSTALL TO ESTABLISH THE ISSUANCE OF BUILDING PERMITS AND TO PROVIDE FOR FEES THERE OF
The Council of the Town of Burstall in the Province of Saskatchewan in Council assembled enacts as follows:
1. This bylaw may be cited as the Building Bylaw.
2. (1) “Act” means The Uniform Building and Accessibility Standards Act being Chapter U-1.2 of the Statutes of Saskatchewan, 1983-84 and amendments.
(2) “Administrative Requirements” means The Administrative Requirements
for Use with The National Building Code.
(3) “Authorized representative” means a building official appointed by the local
authority pursuant to subsection 5(4) of the Act or the municipal official.
(4) “Local authority” means the Town of Burstall.
(5) “Regulations” means regulations made pursuant to the Act.
(6) “Value of Construction” means the total cost to the owner for the building
construction in its completed form and includes the cost of all building
work, materials of construction, building systems, labour, overhead and
profit of the contractor and subcontractors.
(7) Definitions contained in the Act and Regulations shall apply in this bylaw.
SCOPE OF THE BYLAW
3. (1) This bylaw applies to matters governed by the Act and Regulations, including
the National Building Code of Canada, and the Administrative Requirements.
(2) Notwithstanding subsection (1), references and requirements in the
Administrative Requirements respecting matters regulated by the Act and
Regulations shall not apply.
(3) Notwithstanding subsection (1), references and requirements in the
Administration Requirements respecting “occupancy permits” shall not
apply except as and when required by the local authority or its authorized
4. (1) A permit is required whenever work regulated by the Act and Regulations is
to be undertaken; and shall include but not be limited to:
a) new building construction, including garages, decks, and mobile
b) structural changes to existing buildings;
c) new and used ready to move (RTM) buildings;
d) demolition, repair, relocation, alteration or addition to an existing
building or structure;
e) change of occupancy or use of an existing building;
f) accessory buildings that are greater than 100 ft2;
g) decks over 8 inches above grade, and roof enclosures over existing or new decks; and
h) basement development in an existing dwelling.
(2) No owner or owner’s agent 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.
(3) The granting of any permit that is authorized by this 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, act and/or regulation affecting the site described in the permit, or
(b) make either the local authority or its authorized representative 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 requirement of any
building restriction agreement, bylaw, act and/or regulation affecting
the site described in the permit.
5. (1) Every application for a permit to construct, erect, place, alter, repair, renovate
or reconstruct a building shall be in Form A, and shall be accompanied by one
set of plans for one and two unit dwelling, and two sets of plans and/or
specifications for all other buildings, except that when authorized by the local
authority or its authorized representative plans and/or specifications need not
(2) If the work described in an application for building permit, to the best of the
knowledge of the local authority or its authorized representative, complies
with the requirements of this bylaw, the local authority, upon receipt of the
prescribed fee, shall issue a building permit in Form B.
(3) The local authority may, at its discretion, have plan review, inspection and
other services for the purpose of enforcement of the Act and Regulations,
provided by building officials designated by the Minister, to assist the local
authority pursuant to subsection 4(4) of the Act.
(4) The local authority, may at its discretion, have plan review, inspection and
other services provided by a person, firm or corporation employed under
contract to the local authority.
(5) The permit fee for construction, erection, placement, alteration, repair,
renovation or reconstruction or demolition of a building shall be based on the
following fee schedule:
Value of Construction
$5,000.00 or less
Value of construction>$5000.00
$5.00 for first $5,000.00 plus $.50 per $1,000.00
Or part thereof over $5,000.00
The Costs of those services provided pursuant to Section 5(3) or 5(4)
(6) The local authority may estimate the value of construction for the work
described in an application for building permit, for the purpose of evaluating a
permit fee, based on established construction costs, owner’s statement of costs
or constructor’s contract values, or similar methods selected by the local
(7) Approval in writing from the local authority or its authorized representative is
required for any deviation, omission or revision to work for which a permit has
been issued under this section.
(8) All permits issued under this section expire:
(a) six months from date of issue if work is not commenced within that
period of time, or;
(b) if work is suspended for a period of six months, or;
(c) if work is suspended for a period of longer than six months by prior
written agreement of the local authority or its authorized representative.
(9) The local authority may, at its discretion, rebate a portion of a permit fee
where work is reduced in scope or discontinued, or where other exceptional
DEMOLITION OR REMOVAL PERMITS
6. (1) (a) The fee for a permit to demolish or remove a building shall be the fee
identified in 5(5) herein.
(b) In addition, the applicant shall deposit with the local authority a certified
cheque in the amount of $6,000.00 to cover the cost of putting the site,
after the building is demolished or removed, in the following condition:
All building foundations and the contents of the basement together with
the basement floor, should it exist, shall be removed. The entire site shall
be cleaned up and filled to grade.
(c) If the applicant who demolishes or removes the building restores the site to
a condition satisfactory to the local authority or its authorized
representative, the sum deposited or portion thereof shall be refunded.
(2) Every application for a permit to demolish or remove a building shall be in
(3) Where a building is to be demolished and the local authority or its authorized
representative 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, the local authority, upon receipt of the fee and deposit prescribed,
shall issue a permit for the demolition in Form D.
(4) Where a building is to be removed from the local authority, and the local
authority or its authorized representative 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, the local authority,
upon receipt of the fee, shall issue a permit for demolition or removal
in Form D.
(5) (a) Where a building is to be removed from its site and set upon another site
in the local authority, and the local authority or its authorized
representative 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 local authority or its
authorized representative, will conform with the requirements of this
bylaw, the local authority, upon receipt of the fee and deposit
prescribed, shall issue a permit for the removal in Form D.
(b) In addition, the local authority upon receipt of the fee prescribed in
Section 5(5), shall issue a permit for the placement of the building in
(6) All permits issued under this section expire six months from the date of issue
except that a permit may be renewed for six months upon written
application to the local authority.
ENFORCEMENT OF BYLAW
7. (1) 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 local authority 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:
(a) enter a building;
(b) ordering production of documents, test, certificates, etc. relating to
(c) taking material samples;
(d) issuing notices to owners that order actions within a prescribed
(e) eliminating unsafe conditions;
(f) completing actions, upon an owner’s non-compliance with an order,
and adding the expenses incurred to the tax payable on the
(g) obtaining restraining orders.
(2) 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 local authority or its authorized representative may take
any measure allowed by subsection (1).
(3) 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 local authority as required in Section 17.2 of the Act including,
but not limited to:
(a) on start, progress and completion of construction;
(b) of change in ownership prior to completion of construction, and;
(c) of intended partial occupancy prior to completion of construction.
8. (1) 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 the local
authority or its authorized representative.
(2) An up-to-date plan or survey of the site described in a permit application
prepared by a registered land surveyor shall be submitted by the owner
where required by the local authority or its authorized representative.
(3) 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.
(4) It shall be the responsibility of the owner to arrange for all permits,
inspections and certificates required by other applicable bylaws, acts
(5) Any and all moved in dwellings/buildings must have suitable upgrades to be
acceptable by the local authority. It is the responsibility of the owner to
provide a visual portrait of the dwelling which is to be relocated on the
vacant lot located in the Town of Burstall.
(5)(a) The local authority reserves the right to inspect the dwelling/building,
which is to be relocated in the Town of Burstall – this could be an actual
physical visitation. All outside upgrades must be made before
dwelling/building is moved to its location.
(5)(b) Any dwelling/building which is requesting relocation must be of the same
standard or higher of its surrounding lot owners..
Eg: Mobile home beside or in neighborhood with mobile homes.
(6) Any dwelling/building must have a solid foundation on which it is
3. Wood foundation
4. Concrete pads
(6)(a) All dwelling/buildings must be in compliance with all National Building
Code Of Canada and approved by a licensed building official appointed
by the Town of Burstall.
9. (1) Any person who contravenes any of the provisions of this bylaw shall be liable to the penalties in Section 22 of the Act.
(2) Conviction of a person or corporation for breach of any provision of this bylaw
shall not relieve him from compliance therewith.
10. Repealing Bylaw
Bylaw No. 2007-104 passed on 23rd day of May, 2007 is hereby repealed.
11. Effective Date of Bylaw
This bylaw shall come into force and take effect from the date on which it is
approved by the Minister.