TAMRMS#: B06
8.1
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Bylaw 10/2024 - Safety Codes Permit Bylaw (1st, 2nd, 3rd Readings)
Presented by: Adryan Slaght, Director of Planning & Development, Planning & Development Department
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RECOMMENDED MOTION(S)
recommendation
1. That Bylaw 10/2024, Safety Codes Permit Bylaw, be read a first time.
2. That Bylaw 10/2024 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 10/2024.
4. That Bylaw 10/2024 be read a third time.
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PURPOSE OF REPORT
The purpose of the report is to present for Council’s approval a new proposed Safety Codes Permit Bylaw for the City of St. Albert (Bylaw 10/2024), along with the rationale for it.
BACKGROUND AND DISCUSSION
Over the past several years, the City of St. Albert has been experiencing increasing numbers of challenges to building (safety) code requirements, and has also been experiencing greater attempts at non-compliance with respect to building permit applications and building (safety) code provisions. Available remedies for the City have been somewhat weak, and require substantial investment of additional administrative resources in order to achieve compliance.
The purpose of the Safety Codes Permit Bylaw (SCPB) is to clearly communicate expectations related to building permit application, issuance, revisions, refusals, validity, permit holder obligations, enforcement, and to establish fines and penalties for non-compliance. This information is currently provided through a variety of different references on application forms or to different Safety Codes Act provisions.
A key aspect of the Bylaw is to incorporate the fines and penalties to allow the City an easier enforcement mechanism. Enforcement now is required to either use provisions of the Municipal Government Act (e.g. Stop Order), or of the Safety Codes Act/Safety Codes Council. These existing tools have been found to not be the right size or provide the correct level of timeliness in response. If passed, the SCPB would add another tool to the enforcement toolbox.
Another key aspect of the proposed bylaw is the exclusion of vibratory sheet piling from allowed construction methods. Administration believes that vibratory sheet piling may expose the community to risk due to potential impacts to surrounding properties due to soil conditions within the City. Through the Alberta Building Code, the City could rely on stipulations that enable the building official to require that a builder to provide, to the City’s satisfaction, that no damage will be done to neighbouring properties. Edmonton and Calgary use this clause to prohibit vibratory sheet piling in their communities. Administration has included this as a prohibited construction method in the SCPB for greater transparency.
Administration anticipates that this greater level of clarity, and having more readily available mechanisms to assist in achieving compliance with application and code requirements, will help to improve administrative efficiency in administering the Safety Codes Act.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
The public meeting of Council whereby this bylaw is presented for Council’s approval is intended to serve as the public engagement on this item.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time
Compliance & Legal:
Section 66 of the Safety Codes Act permits municipalities to make bylaws that regulate matters which are also regulated by the Safety Codes Act, as long as the bylaw is made “respecting fees for anything issued or any material or service provided pursuant to [the SCA] or “respecting the carrying out of its powers and duties as an accredited municipality.”
The proposed Bylaw 10/2024 is similar in substance to many other such bylaws made by various municipalities throughout Alberta. Municipalities with Safety Codes Permit Bylaws include Edmonton, Strathcona County, Fort Saskatchewan, Red Deer, Calgary, Lethbridge, Canmore and Banff.
First, second, and third readings of Bylaw 10/2024 are scheduled for the same day (April 2, 2024). The MGA provides that a proposed bylaw must not have more than two readings at a Council meeting unless the Council members present unanimously agree to consider third reading at the same meeting. If unanimous consent for third reading of Bylaw 10/2024 is not granted on April 2, 2024, third reading of Bylaw 10/2024 will occur at the next regular Council meeting on April 16, 2024.
Program or Service:
None at this time.
Organizational:
Administration has encountered greater resistance to application code requirements that exist within various applications and building codes. This resistance and lack of compliance creates additional work and increases stress on Administration. The intent of the SCPB is to clarify requirements, and to provide fines for non-compliance that can be more readily implemented. Failure to approve the SCPB will result in increased workload as administration continues to increase time spent on negotiation of building permit requirements, to the detriment of ability to conduct inspections and issue permits.
Risks
Approval of the SCPB will help to mitigate risk that Administration is currently experiencing related to safety codes non-compliance by providing clarity around requirements, as well as clarify around fines for offences.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
None at this time.
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
D.1.2 Issuance of Land Use and Development Permits and Licenses Services related to the review and issuance of land use and development permits or licenses.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
1. Do nothing.
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Report Date: April 2, 2024
Author(s): Adryan Slaght
Department: Planning & Development
Department Director: Adryan Slaght
Managing Director: Diane Enger
Chief Administrative Officer: Bill Fletcher