Bill 62 — The Alberta Uniform Building Standards Act Th.E Minister of Manpower and Labour (Legislature 17, Session 2)

L17 S2 5196

Alberta — Bills

1973 Biill 62 Second Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 62 The Alberta Uniform Building Standards Act TH.E MINISTER OF MANPOWER AND LABOUR First Reading :Second Reading . . Third Reading Printed by QUEEN'S PRINTER flQlr the Province of AJberta, EDMONTON

Bill 62 BILL 62 1973 THE ALBERTA UNIFORM BUILDING STANDARDS ACT (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this A,ct, (a) "huHding" includes a structure or any part of a building or structure; (b) "clerk" means (

i) the city clerk, in the -case of a city, or (

H) the secretary, in the ease of a town, new town, village, munidpal district or county, or (iii) the Deputy Minister of Municipal Affairs, in the case of an ,improvement district or a special area; (c) "oonstructon" includesalteraition or repair; (d) "Council" means the Alberta Building Standards Council; ( e) "demolition" includes removal; (f) ~'Directo'r" means the Director of Building Stand ards; (g) "inspe:ctor" m,eans a person appointed as an in spector pursuant to

section 2 and includes the Director; (h) "local authority" means (

i) a 'City, town, new town, viHage, municipal dis trict or 'county, or (ii) the Minister of Municipal Affairs, in the case of an improvement distri,ct 'Or a special area; (i) "Minister" means the Minister of Manpower and Labour; (j) "munkipaUty" means the ar'ea of a city, town, new town, viHage, county, municipal district, improve ment district or special area; (k) "permit" means a permit issued pursuant to this Act;

Explanatory Notes General. This Bill provides for uniform building standards throughout Alberta. I.

Definitions.

(1) "regulation" includes any building code or other code of standards that is declared to be in force pursuant to

section 3, subsection (2). 2.

(1) In a,0coDdance with The Public Service Act there m.ay be appointed a Dire'ctor of Building Standards, inspec tors and suoh other employees as required ror the purposes of this Act.

(2) W'here, pursuant to

section 4, a locall authority is authorized to enforce this Act, it may appoint inspectors. 3.

(1) The Lieutenant Governor in Council may make regulations (

a) pDescribing standards respecting any materials, equipment or appl,iances used or installed in the constructio.n o.f any building; (

b) classifying buildings according to their use; (

e) go.verning methods used in the construction o.r demo Iii tion o.f any building or any .class of building; (

d) governing the co.nstruction standards that must be met in respect to. any building or olass of building; (

e) governing the use of the property upon which a building is located during the period of tim'e that the co.nstruction o.r demolition of the building is taking place; (f) 'generaHy, providing fo.r any other matter in con neetio.n with the use, construction or demolition of buildings.

(2) No.twithstanding subsection (1), the Lieutenant Go.vernor in Council may by re'gulatio.n, declare (

a) tJhe National Buliding Code of Canada 1970, or (

b) any o.thercode of standards respec,ting any ma terials, equipment or appliances. used or instaHed in the ,co.nstruction o.r demolitio.n o.f any building, to be in fo.rlce in whole o.lr in part, with such revisions, variatio.ns or modifications as may be specified by the regul,a tions.

(3) The Minister may make regulations (

a) prohibiting the commencement by 'any person of the use, eo.nstruction or demoHtion o.f any building unless that person is authorized by a permit to do so; (

b) pro.viding for the form and ,content of permits for the use, construction o'r demo.lition of a huilding; (.

c) providing for the issuance o.f permits; (

d) providing that the granting o.f a permit does not entitle the permittee, his successors or assigns or 2

2. This

section provides £or ,the appointment of employees ;and inspectors to carry out the purposes .of this kct and the regulations. 3. Regulations. 2

a.nynne 'On his 'Or .their behalf, tn cnnstruct any build ing that fails tn comply with the requirements of any building restrictinn agreement affecting the site described in the permit; (

e) nrescribing .the fees tn be charged fnr the issuing of permits; (

f) exempting (

i) any perslnn, class 'Of persons, 100al authority or Cllass 'Of local authnrities, or (ii) any municipality 'Or 0lass 'Of municipality, or (iii) any huilding, mat'erial, equipment, appliances 'Or classes thereof, frnm the operatinn .of any .or all of the prnvisions 'Of this Act 'Or the regulat,inns; (

g) prescribing the requirements that must be met by persons appnintedas inspectnrs; (

h) generally, for carrying nut the purpnse and intent 'Of this Act. 4.

(1) The Minis,ter may, by regulatinn, authnrize any local authnrity 'Or class 'Of lncal authority tn enfnrce this Act in its respective munidpality.

(2) Where a localauthnrity is authnrized tn enforce the provisinns 'Of this Act pursuant to the regulations under subsectinn (1), (

a) the local authority may make by-laws with respect tn the subject matter 'Of sectinn 3, subsection (3), clauses (a), (b), (c), (

d) and (e), ,and (b) 'Upnn by-laws being made under Iclause (a), the reg ulatinns nf the Minister made under

section 3, sub sectinn (3), clauses (a), (b), (c), (

d) and (

e) do nnt apply in that municipaiJity. 5.

(1) There shall be a cnuncil, called the "Alberta Build ing Standards Cnuncil", the members 'Of which shall be ap pninted by the Lieutenant Gnvernor in OouncH for a term nnt exceeding three years and who sha}.l he eligible for rea prpnintm'ent.

(2) The Lieutenant Gnvernnr in Cnuncil may prescribe the remunera tinn tn be paid to' thnse member,s of the Coun cil whn are nnt employees 'Of the Gnvernment and may des ignate frnm among the m,embe'rs 'Of the Council a chairman and vice-chairmen. 6. The Coundl shall (

a) advise the Minister nn matterscnncerning this Act and the regulations and any 'Other matter cnncerning the use, cnnstructinn 'Or demnlitinn .of buildings; 3

4. Municipal by-laws. s. Establishment of the Alberta Building Standards Council. 6. Functions of the Council. 3

(

b) provide a liaison between the JHin;ster and the As sociate Committee on the National Building Code of the National Research Council, or any Oother per sOons or bodies interested in construction standards; (

c) perform any duties and functions assigned to it by the Minister. 7.

(1) For t.he purp.ose of ensuring compliance with the provis,inns of this Act or the regulations or the conditions of a permit, an inspector may (

a) enter into or upon any property, construction site or building at any reasonable hour, (

h) demand the production of any register, certificate, pIan or doooment pertaining in any manner to the use, construction or demolition of a building and may examine 'and make copies thereof, and (

c) inspect and take samples of any material, equip ment or appliances being used in the construction nr demolition of a building.

(2) Where a person refuses to allow an inspector to ex erCIse any powers under subsection (1) or interferes or attempts to interfere with ,an inspector in the exercise of a power under subsecti'On (1), the Minister or the ,local au thOori'ty, as the case may be, may apply to the district court by way of originating notice of mot:on for an order re straining any person from preventing or interfering in any manner with an inspe,ctor in the exercise of his powers under subsection (1).

(3) A copy of the originating notice of motion and a copy of eai(~h affidavit in supvort shall be served not less than three days before the day named in the notiee for hearing of the appl'ka tion. 8. Where an inspector finds that the use, construction or demolition of a buiLding is not in accordance with the re quirements or prnvisions of this Act, the regulations or a permi t, the inspector shall by notke in writing order the owner of the building or the person re'sponsible for the use, construction or demoliti'On of the building to (

a) stOlP the use, ,construction or demolition of the build ing in whole or in part as directed by the notice; (

b) take measures so that the use, cons,t,ruction or demo lition .of the building is in a,c'cordance with the re quirements or provisions of this Act, the regula tions or a permit; (

c) take such measures, as are specified in the notice, to ensure that the 'Use, construction 'Or demolition of the building is in ,accordance with this Act, the regulations or a permit; wit.hin the time specified by the notice. 4

7. Powers of inspector. 8. Compliance wi,th dire'ctions of inspector. 4

(1) Where an owner of a building or the person re sponsible for the use, eonsitr'Uotion or demolition of a build ing is of the ,opinion that an order of an inspector made under seciion 8 is not prOtper, that person may appeal to the Council.

(2) An aJppeal made under subse'ction (1) must be com menced by serving notice of the appeal upon the Director within 15 days from the date that the owner of the building or the person ,resp,onsible of the 'Use, 'Construction or demo lition of the building is given the o~der of ,the inspector.

(3) Upon considering the matter being appealed the council may by order 'Confirm, revoke or vary the order of tihe ,inspector.

(4) An appeal lies to the Supreme Court of Alberta from the order of the Gounci'! upon a questi,on of law or a question of jurisdietion and upon hearing the matter the Court may 'Confirm, revoke or vary the order of the Council. ( 5) An appeal under subsecti.on (4) shall be 'Commenced by originating notiee of ,motion within 30 days from the date that the order of the Council is served llIpon the party appealing.

(6) An appeal 'made pur,suant to subsle1ction (1) does not operate 'as a stay of the order of an inspectoreXlcept s.o far as thecJhairman or a vice-0hairman of the Council s,o directs.

(7) An appeall made pursuant to subsection (4) does not operate as a stay of the order of the Council ex'cept so far as a judge of the Supreme Court so di'rects. 100.

(1) Where the Council is considering appeals under

section 9 (

a) it ,may, at the direction of the .chairman, sit in nne or more divisions and the divisions may sit simul taneously or at different times; (

b) th~ee members Iconstitute a qu'Orum of the Council or of a division 'Of the Council; ('

c) the ,chairman shall designate a member to preside at any sitting of the Goundl, or a division thereof, at which the chairman i.s nOtt present; (

d) an order of a division is an o~der 'Of the Council and binds al'l memhe'rs of the Council. ( 2 ) The Council may estaiblish rules of p~ocedrure respect ing the hearing of aprp,e'als before it or before a divisi'On. 11. Where a person does not (~omrply with an 'Order di rlected to him under secti'On 8 'Or slection 9 within the time specified in the order, 5

9. Appeals from the order of an inspector. 10. Council procedures and quorums on appeals. II. Execution of an order of the inspector, of the Council or of the Court. 5

(

a) the Minister 'O,r a person appointed by him, or (

b) the llOcal authority or a pers,on appointed by it, as the case may be, may enter upon the ,land and building and execute the ,order and rec.over the expenses of executing the order by an alction. 12.

(1) Any person who (

a) interferes in any manner with an inspector in the exerdse of his duties lOr powers under this Ac.t or the regulations, .or (

b) does not comply with an Qrde'r made under

section 8 or

section 9, or (

c) refuses to allow or interferes with the exe'cution of an order under

section 11, .or (

d) contravenes the provisions of this Act .or the regu lations or the 'Conditions of a permit, or (

e) use,s, constructs .or demolishes a building, except in ac.cordance with this Act, the regul<ations or a per mit issued for that building, is guilty of an .offence and liable on

summary conviction to a fine of not more than $1,000 and in default to imprison ment for a term not exceeding 90 day.s, or to both fine and imprisonment.

(2) Where, pursuant to

section 4, a local authority has been authorized to enforce this Act any fines resulting from an offence under this Act whioh took place within the boundaries of the municip,ality shall alCcrue to that local authority. 13. A certifi,cate (

a) purporting to be signed by (

i) the Director, in the case of an inspector ap pointed under

section 2, subsection (1), or (ii) the clerk, in the case of an inspector appointed under

section 2, subsection (2), and (

b) s,tatillig that the person named therein is an in- speetor under thiis Act, shall be admitted in evidence as prima facie proof of the app,ointment of the person named therein as an inspector without proof of the si'gna,ture or official character of the person appearing to have signed the certificate. 14.

(1) Where a building is being constructed or de moEshed at the Hme thi,s Act comes into for'ce and a build ing permit in respect to that building has been issued by ~ loca~l authority pursuant to a by-law made under The Mun1r cipal Government Act, that building permit shall be deem ed to be a per'mit issued under this A'ct. 6

12. This

section provides for offences and penalties. 13. Proof of appointment of an inspector. 14. BUilding permits previoUisly issued and appointments of building inspectors previously made under The Municipal Gov ernment Act shall be valid under this Act. 6

(2) Where, at the time this Act -comes inrto force, a local auth.ority (

a) has appointed inspectors under The Municipal Government Act for the purpose of enforcing build ing standards estahlished by by-law under that Act, and (

b) has been authorized to enforce this Act those inspectors shall be deemed to have been 'appointed under

section 2, subsection (2) of this Act. 15. The Municipal Government Act is amended (

a) by striking out

section 223 and by substituting therefor the following: 223. 'The Council may ,pass by-l,aws not inconsistent with any Act of ,the ParUament of Canada or the Legislature, or any regulations thereunder, to pre scribe, regul>ate and enfor;ce standards respecting gas piping, steam fittings, electric wiring and plumbing. (

b) by striking out

section 238 and by substituting therefor the following: 238. The council may pass by-laws to carry out the provisi1ons of The Planning A ct. (

c) by striking out

section 240. 16. This Act comes into force .on a date or dates to be fixed by Proclamation. 7

15. Tramsistional amendents. Sections 223, 238 and 240 of The Munioipal Government Act presently read: 223. The coundl may pass by-laws not inconsistent with any Act of Parliament. or the Legislature, or the regulations thereunder, to pre scribe, regulate and enforce standards respecting any materials, equip ment or appliances installed or used in the constructlion of buildings or structures and without restricting the generality of the foregoing may set standards for gas piping, steam fittings, electric wiring and plumbing. 238.

(1) The councLl may pass by-laws to carry out the pro'Visions of The Planning Act and to regulate in every way the construction of buildiings and may pro,vide for the classification, alteration, repair, demo,lition or removal of buildings within the municipality or any part thereof as the council considers necessary.

(2) In any by-law relating to the construction, erection, sanitation or use of buildings or ·other similar by-law, the council may (

a) pl'Ovide for the creation of an appeal board to deal with and adjudicate upon any questlion that may arise under the pro visions of the by-law, (

b) prescribe the duties and powers of the board, and (

c) fix their remuneration and tenure of office. 240. (1) 'l'he ,council may pass by-laws (

a) providing f,or the issuance of building permits for all or any part of a building, erection or s.tructure to be erected, ruItered or repaired, (

b) prohibiting the commencement of the erection, alteration, repair, demoLition or remo,val ·of any building, erection or structure except in conformance with the regulations pertaining thereto and unless authorized by permit, and (

c) p!'oviding that the granting of a building permit shall not entitle the grantee, hlis successo,rs' or assigns or anyone in his o'r their behrulf, ,to ere·ct any building, erection or structure that fails to comply with the requirements of any building restriction agre ement affecting the site described in such permJit.

(2) Neither the municipality nor any of its officials or employees shall be held liable f,oT damages o'r otherwise by ,reason of the fact that a buUdling, erec,Uon or structure, the erection of which has be,en author ized by permit, does .not comp,ly with the requirements of any such building restriction agreement.

(3) The council may pass by-laws adopting and constituting as build ing regulations the National Building Code of Canada lOr any part or parts thereof. 7 Title: 1973 (17th, 2nd) Bill 62, The Alberta Uniform Building Standards Act

Document details

Collection	Alberta — Bills
Citation	L17 S2 5196
Type	bill
Volume / chapter	L17 S2 5196
Language	en
Format	json
Source	PROVINCIAL
Identifier	79453bf0bbcc0956bbbdb8ae99e239abe026aa2d

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