Bowen Island Municipality Building Bylaw No. 489, 2019 (Consolidated to Nov 2025)
Bowen Island, British Columbia
· No. 489
· adopted 2019-10-15
· summary & facts
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Bowen Island Municipality Building Bylaw No. 489, 2019
BOWEN ISLAND MUNICIPALITY
BUILDING BYLAW NO. 489, 2019
CONSOLIDATED FOR CONVENIENCE - November 24, 2025
The amendment bylaws have been combined with the original bylaw for convenience only. This
consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaw on this subject.
Amendment Bylaw
Date of Adoption
Bylaw No. 536, 2021
April 12, 2021
Bylaw No. 560, 2022
January 24, 2022
Bylaw No. 606, 2023
July 24, 2023
Bylaw No. 657, 2024
July 8, 2024
Bylaw No. 700, 2025
November 24, 2025
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Bowen Island Municipality Building Bylaw No. 489, 2019
Table of Contents
Part 1: TITLE .................................................................................................................................................. 5
Citation ..................................................................................................................................................... 5
Part 2: PURPOSE OF BYLAW .......................................................................................................................... 5
Part 3: SCOPE AND EXEMPTIONS .................................................................................................................. 6
Application ................................................................................................................................................ 6
Limited Application to Existing Buildings .................................................................................................. 6
Part 4: PROHIBITIONS ................................................................................................................................... 7
Part 5: PERMIT CONDITIONS ......................................................................................................................... 8
Part 6: POWERS OF A BUILDING OFFICIAL .................................................................................................... 9
Administration .......................................................................................................................................... 9
Refusal and Revocation of Permits ........................................................................................................... 9
Right of Entry .......................................................................................................................................... 10
Part 7: OWNER'S RESPONSIBILITIES ............................................................................................................ 11
Permit Requirements .............................................................................................................................. 11
Owner's Obligations ............................................................................................................................... 11
Damage to Municipal Works .................................................................................................................. 12
Demolition .............................................................................................................................................. 12
Notice...................................................................................................................................................... 13
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR ................................................................................... 14
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ........................................................................... 14
Professional Design and Field Review .................................................................................................... 14
Requirement for a Registered Professional ............................................................................................ 14
Professional Plan Certification ................................................................................................................ 16
Part 10: BUILDING APPLICATION requirements ......................................................................................... 16
Requirements Before Applying for a Building Permit ............................................................................ 16
Building Permit Applications for Complex Buildings .............................................................................. 18
Building Permit Applications for Simple Buildings.................................................................................. 21
Building Permit Applications for Group Moorage Facilities and Private Moorage Facilities ................. 24
Site and Location Information ................................................................................................................ 25
Building Permit Fee ................................................................................................................................. 25
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Bowen Island Municipality Building Bylaw No. 489, 2019
Security Deposit with Building Permit Application ................................................................................. 25
Permit Fee Refunds ................................................................................................................................ 26
Expiration of Application for a Permit .................................................................................................... 27
Issuance of a Building Permit ................................................................................................................. 27
Compliance with the Homeowner Protection Act .................................................................................. 28
Partial Construction ................................................................................................................................ 28
Conditions of a Building Permit .............................................................................................................. 28
Inspections .............................................................................................................................................. 29
Stop Work Order ..................................................................................................................................... 31
Do Not Occupy Notice ............................................................................................................................ 32
Inspection and Other Fees ...................................................................................................................... 32
Permit Expiration .................................................................................................................................... 33
Permit Extension ..................................................................................................................................... 33
Building Permit Revocation .................................................................................................................... 33
Building Permit Cancellation .................................................................................................................. 33
Occupancy .............................................................................................................................................. 34
Temporary Buildings ............................................................................................................................... 36
Sanitary Facilities .................................................................................................................................... 37
Part 11: RETAINING WALLS AND GRADES................................................................................................... 37
Part 12: BUILDING MOVE ............................................................................................................................ 38
Part 13: POOLS ............................................................................................................................................ 38
Swimming Pool Permit and Fencing ....................................................................................................... 38
Pool Gate ................................................................................................................................................ 38
Spa or Hot Tub Lid .................................................................................................................................. 38
Maintenance ........................................................................................................................................... 38
Part 14: Energy CONSERVATION AND GHG EMISSION REDUCTION ........................................................... 39
Part 15: ACCESS ROUTE FOR FIRE VEHICLE ................................................................................................. 39
Part 16: OFFENCE, PENALTY AND ENFORCEMENT ..................................................................................... 40
Violations ................................................................................................................................................ 40
Deemed Offence ..................................................................................................................................... 40
Part 17: INTERPRETATION ........................................................................................................................... 41
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Bowen Island Municipality Building Bylaw No. 489, 2019
Definitions ............................................................................................................................................... 41
Appendices ............................................................................................................................................. 45
Severability ............................................................................................................................................. 46
Part 18: REPEAL ........................................................................................................................................... 46
Appendix A - Building Permit Application Form ......................................................................................... 47
Appendix B - Building Permit Form ............................................................................................................ 52
Appendix C - Fees ....................................................................................................................................... 53
Appendix D - Letter of Authorization ......................................................................................................... 56
Appendix E - Owner's Undertaking ............................................................................................................ 57
Appendix F - Confirmation of Professional Liability Insurance .................................................................. 59
Appendix G - Confirmation of Required Documentation ........................................................................... 61
Appendix H - Stop Work Order .................................................................................................................. 64
Appendix I - No Not Occupy ....................................................................................................................... 65
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality
Bowen Island Municipality Building Bylaw No. 489, 2019
A Bylaw for Administration of the Building Code and Regulation of Construction
_____________________________________________________________________________
GIVEN that the Bowen Island Municipality
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings and structures
under sections 8(3)(g) and (l) of the Community Charter for the following under section 53(2):
(a)
the provision of access to a building or other structure, or to part of a building or other
structure, for a person with disabilities;
(b)
the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d)
the health, safety or protection of persons or property; and
B. is enacting this bylaw to regulate construction and administer the British Columbia Building Code
in Bowen Island Municipality in accordance with the Community Charter and the Building Act.
NOW THEREFORE THE COUNCIL OF THE BOWEN ISLAND MUNICIPALITY, in open meeting assembled,
enacts as follows
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Bowen Island Municipality Building Bylaw No. 489, 2019".
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance with
this Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the provisions of this Part.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction
in the Municipality in the public interest.
2.4
The purpose of this bylaw does not extend to
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Bowen Island Municipality Building Bylaw No. 489, 2019
(a) the protection of owners, designers or constructors from economic loss;
(b) the assumption by the Municipality or any building official of any responsibility for ensuring
the compliance by any owner, his or her representatives or any employees, constructors or
designers retained by the owner, with the building code, the requirements of this bylaw, or
other applicable enactments, codes or standards;
(c) providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit or occupancy permit is issued under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under building
permits issued by the Municipality is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the Bowen Island Municipality and to land, the
surface of water, air space, buildings or structures in the Municipality.
3.2
This bylaw applies to the design, construction or occupancy of new buildings or structures and
the alteration, reconstruction, demolition, removal, relocation or occupancy or change of use
or occupancy of existing buildings and structures.
3.3
This bylaw does not apply to
(a) except as set out in Part 11 [Retaining Walls] of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10 square metres;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.5 metres in height, regardless
of whether the structure is embedded on level ground or on a slope, or other similar
landscape structures on a parcel;
(d) a building or structure commonly known as "Canadian Standards Association Z240 MH
series, Z241 series or A277 series", except as regulated by the building code.
Limited Application to Existing Buildings
3.4
Except as provided in the building code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has been
constructed before the enactment of this bylaw, the enactment of this bylaw is not to be
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interpreted as requiring that the building must be reconstructed and altered, unless it is
expressly so provided by this or another bylaw, regulation or statute.
3.5
This bylaw applies if the whole or any part of an existing building is moved either within or into
the Municipality, including relocation relative to parcel lines created by subdivision or
consolidation. Part 12 applies to building moves.
3.6
If an alteration is made to an existing building the alteration must comply with this bylaw and
the building code and the entire building must be made to comply with this bylaw and the
building code, but only to the extent necessary to addresses any new infractions introduced in
the remainder of the building as a result of the alteration.
3.7
If an alteration creates an addition to an existing building, the alteration or addition must
comply with this bylaw, the Municipality's Land Use Bylaw or any other bylaw and the building
code and the entire building must be made to comply with this bylaw and the building code,
but only to the extent necessary to address any new infractions introduced in the remainder
of the building as a result of the alteration or addition.
PART 4: PROHIBITIONS
4.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or occupancy of any building
or structure, including other work related to construction
(a) except in conformity with the requirements of the building code and this bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work under this
bylaw.
4.2
A person must not occupy or permit the occupancy of any building or structure or part of any
building or structure
(a) unless a subsisting final inspection notice or occupancy permit has been issued by
a building official for the building or structure or the part of the building or
structure; or
(b) contrary to the terms of any permit issued or any notice given by a building
official.
4.3
A person must not knowingly submit false or misleading information to a building official in
relation to any permit application or construction undertaken pursuant to this bylaw.
4.4
Except in accordance with this bylaw, including acceptance of revised plans or supporting
documents, a person must not erase, alter or modify plans and supporting documents after
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the same have been reviewed by the building official, or plans and supporting documents
which have been filed for reference with the building official after a permit has been issued.
4.5
A person must not, unless authorized in writing by a building official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted or affixed to
a building or structure pursuant to this bylaw.
4.6
A person must not do any work that is at variance with the accepted design or plans of a
building, structure or other works for which a permit has been issued, unless that variance has
been authorized in writing by a building official.
4.7
A person must not interfere with or obstruct the entry of a building official or other authorized
official of the Municipality on property in the administration of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously posted on the
front of the premises or on a sign post so it may be easily read from the public highway from
which it takes its address.
4.9
A person must not contravene an administrative requirement of a building official made under
section 6.6 or any other provision of this bylaw.
4.10
A person must not change the use, occupancy or both of a building or structure or a part of a
building or structure without first applying for and obtaining a building permit under this bylaw.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
5.2
Each building or structure to be constructed on a site requires a separate building permit.
5.3
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on behalf
of the Bowen Island Municipality will in any way
(a) relieve the owner (and if the owner is acting through an agent, the agent) from full and sole
responsibility to perform the work in respect of which the permit was issued in strict
compliance with this bylaw, the building code, and all other applicable codes, standards and
enactments;
(b) constitute a representation, warranty, assurance or statement that the building code, this
bylaw or any other applicable enactments respecting safety, protection, land use and zoning
have been complied with; or
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(c) constitute a representation or warranty that the building or structure meets any standard of
materials or workmanship.
5.4
No person shall rely on any permit as establishing compliance with this bylaw or assume or
conclude that this bylaw has been administered or enforced according to its terms.
5.5
Without limiting section 5.3(a), it is the full and sole responsibility of the owner (and if the
owner is acting through a representative, the representative of the owner) to carry out the
work in respect of which the permit was issued in compliance with the building code, this bylaw
and all other applicable codes, standards and enactments.
PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are be construed as internal administrative
powers and not as creating a duty.
6.2
A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices and orders issued, inspections and
tests made, and may retain copies of all papers and documents connected with the
administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of construction or
material used in the construction of a building or structure complies with the requirements
and provisions of this bylaw and the building code; and
(d) direct that tests of materials, equipment, devices, construction methods, structural
assemblies or foundations be carried out, or that sufficient evidence or proof be submitted
by the owner, at the owner's sole expense, where such evidence or proof is necessary to
determine whether the material, equipment, device, construction or foundation condition
complies with this bylaw and the building code.
Refusal and Revocation of Permits
6.3
A building official may refuse to issue a permit if the proposed work will contravene the
requirements of the building code or the provisions of this or any other bylaw of the
Municipality, and must state the reason in writing.
6.4
A building official may revoke a permit if, in their opinion, the results of tests on materials,
devices, construction methods, structural assemblies or foundation conditions contravene the
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building code or the provisions of this bylaw, or both, or if all permits required under this bylaw
have not been obtained.
Right of Entry
6.5
6..5.1 As authorized pursuant to this bylaw and by section 16 of the Community Charter, a building
official may enter on and into property to ascertain whether the requirements of this bylaw are
being met.
6..5.2 Without limiting section 6.5.1, a building official may enter on and into property with the
express or implied consent of the owner or occuppier.
6..5.3 An owner or occupier of a building or premises with an issued or active building permit is
deemed to consent to entry by a building official, at reasonable times and in a reasonable
manner, to ascertain whether the requirements of this bylaw are being met.
Powers
6.6
Subject to applicable enactments, a building official may by notice in writing require:
(a) a person who contravenes any provision of this bylaw to comply with that provision within
the time ordered;
(b) an owner to stop work on a building or structure, or any part of a building or structure, if the
work is proceeding in contravention of this bylaw, the building code, or any other enactment
of the Municipality or other applicable enactments, or if there is deemed to be an unsafe
condition, and may enter on property to affix or post a stop work order in the form prescribed
by the building official;
(c) an owner to remove or prevent any unauthorized encroachment on a public parcel, a
statutory right of way or easement, or a setback or yard required under an enactment;
(d) an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary to this
bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(h) a person to cease any occupancy if any unsafe condition exists because of work being
undertaken but not complete and where the building official has not issued a final inspection
notice or occupancy permit for the work;
(i) an owner to correct any unsafe condition;
(j) an owner to correct any work that contravenes this bylaw, the building code, or another
applicable enactment; and,
(k) An owner to submit a complete application for a Permit for work that requires or may require
a Permit under this Bylaw and has been commenced or completed without a Permit.
6.7
Every reference to "owner" in section 6.6 includes a reference to the owner's agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that notice:
(i) within the time ordered, or
(ii) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this bylaw, every owner must apply for and obtain a permit, prior to:
(a) constructing, repairing or altering a building or structure, including a pool or retaining wall;
(b) moving a building or structure into or within the Municipality;
(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or chimney, whether
attached to, part of or detached from a building.
(f) changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
7.2
Every owner must ensure that plans submitted with a permit application bear the name, phone
number, address and email address of the designer of the building or structure.
Owner's Obligations
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7.3
Every owner must
(a) comply with the building code, the requirements of this bylaw and the conditions of a permit,
and must not omit any work required by the building code, this bylaw or the conditions of a
permit;
(b) ensure that all permits, all plans and specifications and supporting documents on which a
permit was based, all municipal inspection certificates, and all professional field reviews are
available at the site of the work for inspection during working hours by the building official,
and that all permits are posted conspicuously on the site during the entire execution of the
work; and
(c) prior to the issuance of a building permit, execute and submit to the Municipality an owner's
undertaking in the form attached as Appendix E, where required by the building official.
7.4
Every owner and every owner's agent must carry out construction or have the construction
carried out in accordance with the requirements of the building code, this bylaw and other
bylaws of the Municipality. None of the issuance of a permit under this bylaw, the review of
plans and supporting documents, or inspections made by a building official or a registered
professional shall relieve the owner, or his or her agent, from full and sole responsibility to
perform the work in strict accordance with this bylaw, the building code and all other
applicable codes, standards and enactments.
7.5
Every owner to whom a permit is issued must, during construction:
(a) post the civic address on the property so that it may be easily read from the public highway
from which the property takes its address; and
(b) post the permit on the property so that it may be easily read from the public highway from
which the property takes its address.
Damage to Municipal Works
7.6
Every owner to whom a permit is issued is responsible for the cost to repair any damage to
municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
7.7
In addition to payment of a security deposit under sections 10.8 to 10.12, every owner must
pay to the Municipality, within 30 days of receiving an invoice for same from the Municipality,
the cost to repair any damage to public property or works located on public property arising
directly or indirectly from work for which a permit was issued.
Demolition
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7.8
Prior to obtaining a permit to demolish a building or structure, the owner must:
(a) provide to the Municipality a vacancy date;
(b) pay capping and inspection chamber installation fees as set out in the Municipality's bylaws
governing waterworks and sewer;
(c) ensure that all municipal services are capped and terminated at the property line in a
Municipality standard inspection chamber and valve arrangement and other services are
capped and terminated; and
(d) secure the demolition site and all buildings from unauthorized entry.
(e) pay the Demolition Permit Fee set out in Appendix C.
7.9
Every owner must ensure that, on completion of all demolition procedures, all debris and fill
are cleared and the site is levelled or graded, or made safe if levelling and grading are not
possible.
Notice
7.10
Every owner must, at least 24 hours prior to commencing work at a building site, give written
or online notice to a building official of the date on which the owner intends to begin such
work.
7.11
Every owner must give written or online notice to a building official of any change in or
termination of engagement of a registered professional, including a coordinating registered
professional, during construction, within 24 hours of when the change or termination occurs.
7.12
If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must suspend all work
under a building permit until the owner has engaged a new registered professional, including a
coordinating registered professional, and has delivered to a building official new letters of
assurance.
7.13
Without limiting sections 10.28 to 10.43, every owner must give at least 24 hours' online or
written notice to a building official
(a) of intent to do work that is required or ordered to be corrected during construction;
(b) of intent to cover work that is required under this bylaw to be, or has been ordered to be,
inspected prior to covering; and
(c) when work has been completed so that a final inspection can be made.
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7.14
Every owner must give notice in writing to a building official and pay the non-refundable fee
set out in Appendix C immediately upon any change in ownership or change in the address of
the owner which occurs prior to the issuance of an occupancy permit.
7.15
Every owner must give such other notice to a building official as may be required by the
building official or by a provision of this bylaw.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1
Every constructor must ensure that all construction is done in compliance with all requirements
of the building code, this bylaw and all other applicable, codes, standards and enactments.
8.2
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public property is disturbed, no building or structure erected, and no
materials stored thereon, in whole or in part, without first having obtained approval in writing
from the appropriate authority over such public property.
8.3
For the purposes of the administration and enforcement of this bylaw, every constructor is
responsible jointly and severally with the owner for all work undertaken.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the Municipality of letters of assurance in accordance with the
requirements of the building code shall occur prior to
(a)
the pre-occupancy site review coordinated by the coordinating registered professional or
other registered professional for a complex building, or
(b)
a final inspection for a simple building in circumstances where letters of assurance have
been required in accordance with the requirements of the building code, in which case the
owner must provide the Municipality with letters of assurance in the form of Schedules C-A
or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of the building code.
9.2
If a registered professional provides letters of assurance in accordance with the building code,
they must also provide proof of professional liability insurance to the building official in the
form and amount set by Appendix F to this bylaw.
Requirement for a Registered Professional
9.3
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A, B, C-A and C-B referred to in
subsection 2.2.7, Division C, of the building code, in respect of a permit application:
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Bowen Island Municipality Building Bylaw No. 489, 2019
(a) for a complex building, prior to the pre-occupancy site review coordinated by the
coordinating registered professional or other registered professional; or
(b) for a simple building, prior to a final inspection in circumstances where letters of assurance
have been required in accordance with the requirements of the building code, in which case
the owner must provide the Municipality with letters of assurance in the form of Schedules
C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of the building code;
(c) except for garages, carports and garden structures located on land, for foundation and
excavation components of new simple buildings and additions greater than 55 square metres
to simple buildings in accordance with the building code;
(d) for a building that is designed with common egress systems for the occupants and requires
the use of firewalls in accordance with the building code;
(e) prior to alterations to a building, or to a structural component of a building described in
paragraph (b);
(f) for a building in respect of which the building official determines that site conditions, size or
complexity so warrant in the interests of safety of persons or protection of property under
the building code;
(g) if building envelope of the building is regulated as a Part 3 building under the British Columbia
Building Code, or the building contains more than one dwelling unit, or the building envelope
does not follow the prescriptive requirements for Part 9 envelopes under the British Columbia
Building Code, including where an alternative solution is proposed;
(i)
without limiting section 9.3 (g), the Building Official may require a
registered professional for the building envelope where, in the opinion of
the Building Official, site exposure, design complexity, or atypical
detailing warrants professional envelope design and field review to
ascertain substantial compliance with the British Columbia Building Code;
and,
(h) for a parcel of land on which a building or structure is proposed if the building official believes
the parcel is or is likely to be subject to flooding, mud flows, debris flows, debris torrents,
erosion, land slip, rock falls, subsidence or avalanche, and the requirement for a professional
design is in addition to a requirement under Division 8 of Part 3 of the Community Charter
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the use
intended, and
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Bowen Island Municipality Building Bylaw No. 489, 2019
(ii) that the plans submitted with the application comply with the relevant
provisions of the building code and applicable bylaws of the Municipality.
(i) That includes an automatic sprinkler system designed to NFPA 13, NFPA 13R, or NFPA 13D.
9.4
The building official may require any registered professional carrying out the professional
design and field review required under section 9.3 to provide evidence that they have
experience and expertise in respect of the professional design and field review of the context
and scope required.
Professional Plan Certification
9.5
The letters of assurance in the form of Schedules A and B as referred to in subsection 2.2.7,
Division C, of the building code, and referred to in sections 9.1 and 9.3 of this bylaw, are relied
upon by the Municipality and its building officials as certification that the design and plans to
which the letters of assurance refer comply with the building code, this bylaw and other
applicable enactment.
9.6
Letters of assurance must be in the form of Schedules A and B referred to in subsection 2.2.7,
Division C, of the building code.
9.7
For a building permit issued for the construction of a complex building, the building official will
provide the owner with a notice that the building permit is issued in reliance on the certification
of the registered professional that the professional design and plans submitted in support of
the application for the building permit comply with the building code and other applicable
enactments. Any failure on the part of the building official to provide the owner with the notice
will not diminish or invalidate the reliance by the Municipality or its building officials on the
registered professionals.
9.8
If a building permit is issued for a construction of a complex building, the permit fee is reduced
by 5% of the fees payable under Appendix C to this bylaw, up to a maximum reduction of
$500.00 (five hundred dollars).
PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements Before Applying for a Building Permit
10.1
Prior to issuance of a building permit, the owner must satisfy the following requirements or
conditions:
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Bowen Island Municipality Building Bylaw No. 489, 2019
(a) the owner must apply for and obtain a development permit if the building or structure is in
an area designated by the Municipality's Official Community Plan as a development permit
area;
(b) the owner must ensure that the proposed building or structure complies with all bylaws of
the Municipality, except to the extent a variance of a bylaw is authorized by a development
permit, development variance permit or order of the Board of Variance;
(c) an approving officer must have approved the subdivision plan that, once registered, would
create the parcel on which the proposed building or structure will be constructed, and the
subdivision plan must have been registered in the Land Title Office;
(d) the owner must provide evidence to the building official showing that the person applying for
the building permit is either the owner of the parcel that is the subject of the proposed
building permit, or is the agent of the owner, in which case, the agent must provide the name
and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended to be
connected to the Municipality's sewerage disposal system, the owner must apply for and
obtain approval from the Municipality and other applicable public authorities for an alternate
sewerage system;
(f) if the parcel that is the subject of the building permit application is not intended to be
connected to the Municipality's waterworks system, the owner must apply for and obtain
approval from the Municipality's and other applicable public authorities for an alternate
potable water supply system;
(g) if the parcel that is the subject of the building permit application is not intended to be
connected to the Municipality's storm water drainage system, the owner must apply for and
obtain approval from the Municipality and other applicable public authorities for the
alternate storm water drainage and detention system; and
(h) if all on site and off site works and services required by a bylaw of the Municipality or other
enactment have not been completed in accordance with the enactments, the owner must
enter into a completion agreement with the Municipality and deliver to the Municipality
letters of credit or cash security for completion of the works and service.
(i) in the event that there is an inadequate supply of water for delivery to the parcel that is the
subject of the application or an inadequate downstream sanitary sewer capacity for servicing
the parcel that is the subject of the application, such that construction of a building or
structure would exceed the available remaining capacity of such systems as determined by
the Municipal engineer, then a building permit may be denied or deferred until such time as
the applicable utility system has sufficient capacity, or alternatively an owner may at its
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Bowen Island Municipality Building Bylaw No. 489, 2019
option grant a registerable section 219 covenant to the Municipality precluding occupancy
and connection to the applicable utility system until sufficient capacity exists, as determined
by the Municipal engineer, in which case the owner shall be entitled to apply for a building
permit in accordance with this bylaw.
Building Permit Applications for Complex Buildings
10.2
An application for a building permit with respect to a complex building must:
(a) be made in the form attached as Appendix A, or as revised and authorized by the Manager of
Planning and Development, and signed by the owner, or a signing officer if the owner is a
corporation;
(b) be accompanied by the owner's acknowledgement of responsibility and undertaking made in
the form attached as Appendix E to this bylaw and signed by the owner, or a signing officer if
the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of the date of
the permit application;
(d) include a building code compliance summary including the applicable edition of the building
code, such as without limitation whether the building is designed under Part 3 or Part 9 of
the building code, major occupancy classification(s) of the building, building area and building
height, number of streets the building faces, and accessible entrances, work areas,
washrooms, firewalls and facilities;
(e) include a copy of a survey plan prepared by a British Columbia land surveyor;
(f) include a site plan prepared by a registered professional showing
(i)
the bearing and dimensions of the parcel taken from the registered subdivision
plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, and adjacent street names;
(iv)
the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, wetland, water reservoir, pond,
watercourse, or the sea;
(vi)
north arrow;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(vii)
if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system or storm water drainage
system;
(viii)
zoning compliance summary;
(ix)
the location, dimensions and gradient of parking and driveway access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grade at building corners and significant breaks in the building
plan and proposed grade around the building faces in order to ascertain
foundation height;
(xii)
first storey floor elevation;
(xiii)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
(xiv)
line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi)
location of existing and proposed service connections;
(xvii) location of top bank and water courses;
(xviii) access routes for firefighting;
(xix)
accessible paths of travel from the street to the building;
(xx)
geodetic elevation of the underside of a wood floor system or the top of a finished
concrete slab of a building or structure where the Bowen Island Municipality's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that the building official may waive, in whole or in part, the requirements for a site
plan, if the permit is sought for the repair or alteration of an existing building or structure;
(g) include floor plans showing the dimensions and uses and occupancy classification of all areas,
including: the dimensions and height of crawl and roof spaces; the location, size and swing of
doors; the location, size and opening of windows; floor, wall, and ceiling finishes; fire
separations; plumbing fixtures; structural elements; and stair dimensions;
(h) include a cross-section through the building or structure in sufficient detail and locations to
illustrate foundations, drainage, ceiling heights and constructions systems;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(i) include elevations of all sides of the building or structure showing finish details, roof slopes,
windows, doors, natural and finished grade, spatial separations and ridge height to comply
with the building code and to illustrate that the building or structure conforms with the
Municipality's Land Use Bylaw and any Development Permits;
(j) include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building conforms to the building code;
(k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9, Division
C of the building code;
(l) include copies of approvals required under any enactment relating to health or safety,
including, without limitation:
(i) a copy of the Record of Sewerage System that has been filed with and
accepted by the Health Authority;
(ii) a copy of the Letter of Certification issued by an authorized person as
required by Section 9 of the British Columbia Sewerage Regulation No.
326, 2004; and
(iii) copies of all valid driveway access permits issued by the Municipality.
(m) include a letter of assurance in the form of Schedule A referred to in subsection 2.2.7 Division
C, of the building code, signed by the owner, or a signing officer if the owner is a corporation,
and the coordinating registered professional;
(n) include letters of assurance in the form of Schedule B referred to in subsection 2.2.7 Division
C, of the building code, each signed by such registered professionals as the building official or
building code may require to prepare the design for and conduct field reviews of the
construction of the building;
(o) include three sets of drawings at a suitable scale of the design prepared by each registered
professional containing the information set out in (g) to (k) of this section; and
(p) include illustration of any slopes on the subject parcel that exceed 30%.
10.3
In addition to the requirements of section 10.2 of this bylaw, a building official may require the
following to be submitted with a permit application for the construction of a complex building
if the complexity of the proposed building or structure or siting circumstances warrant:
(a) site servicing drawings, including sufficient detail of off-site services to indicate locations at
the property line, prepared and sealed by a registered professional, in accordance with the
Municipality's subdivision and development servicing bylaw;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(b) a section through the site showing grades, buildings, structures, parking areas and driveways;
and
(c) any other information required by the building official or the building code to establish
substantial compliance with this bylaw, the building code and other bylaws and enactments
relating to the building or structure.
Building Permit Applications for Simple Buildings
10.4
An application for a building permit with respect to a simple building must:
(a) be made in the form attached as Appendix A to this bylaw and signed by the owner, or a
signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgment of responsibility and undertaking made in
the form attached as Appendix E and signed by the owner, or a signing officer if the owner is
a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of the date of
the permit application;
(d) include a copy of a survey plan prepared by a British Columbia land surveyor except that the
building official may waive the requirement for a survey plan, in whole or in part, where
conditions warrant;
(e) include a site plan prepared by a registered professional showing
(i)
the bearing and dimensions of the parcel taken from the registered subdivision
plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements and adjacent street names;
(iv)
the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, wetland, pond, water reservoir,
watercourse, or the sea;
(vi)
north arrow;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(vii)
if applicable, location of an approved existing or proposed alternative private or
other sewage disposal system, water supply system or storm water drainage
system;
(viii)
the location, dimensions and gradient of parking and driveway access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at building corners and datum determination points;
(xi)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
(xii)
line of upper floors;
(xiii)
location of existing and proposed service connections;
(xiv)
location of top bank and water courses;
(xv)
access routes for firefighting;
(xvi)
accessible paths of travel from the street to the building;
(xvii) zoning compliance summary; and
(xviii) geodetic elevation of the underside of a wood floor system or the top of a finished
concrete slab of a building or structure where the Municipality's land use
regulations or provincial flood mapping regulations establish siting requirements
related to minimum floor elevation,
except that for a simple building the building official may waive, in whole or in part, the
requirements for a site plan, if the permit is sought for the repair or alteration of an existing
building, or the requirement for a registered professional to prepare the site plan;
(f) include floor plans showing the dimensions and uses of all areas, including: the dimensions
and height of crawl and roof spaces; the location, size and swing of doors; the location, size
and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures; structural
elements; and stair dimensions;
(g) include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(h) include elevations of all sides of the building showing finish details, roof slopes, windows,
doors, the grade, the maximum building height line, ridge height, spatial separations and
natural and finished grade to comply with the building code and to illustrate that the building
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Bowen Island Municipality Building Bylaw No. 489, 2019
or structure conforms with the Bowen Island Municipality's Land Use Bylaw and any
development permits;
(i) include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building or structure substantially conforms to the building code;
(j) include copies of approvals required under any enactment relating to health or safety,
including, without limitation:
(i) a copy of the Record of Sewerage System that has been filed with and
accepted by the Health Authority;
(ii) a copy of the Letter of Certification issued by an authorized person as
required by Section 9 of the British Columbia Sewerage Regulation No.
326, 2004; and
(iii) copies of all driveway access permits;
(k) except for garages, carports and garden structures located on land, include a foundation and
excavation design prepared by a registered professional in accordance with the building code,
accompanied by letters of assurance;
(l) include geotechnical letters of assurance, in addition to a required geotechnical report, if
the building official determines that the site conditions so warrant;
(m) include three sets of drawings at a suitable scale of design including the information set out
in (f) to (i) of this section; and
(n) include a building code compliance summary including the applicable edition of the building
code, such as, without limitation, whether the building is designed under Part 3 or Part 9 and
compliance with article 2.2.2.1(2), Division C of the building code.
10.5
In addition to the requirements of section 10.4 of this Part, if a project involves
(a)
two or more buildings, the gross floor areas of which in the aggregate total more than 1000
square metres;
(b)
two or more buildings that will contain four or more dwelling units; or
(c)
otherwise if the complexity of the proposed building or structure or siting circumstances
warrant,
a building official may require the following be submitted with a permit application for the
construction of each simple building in the project:
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Bowen Island Municipality Building Bylaw No. 489, 2019
(a) site servicing drawings, including sufficient detail of off-site services to indicate locations at
the property line, prepared and sealed by a registered professional, in accordance with the
Municipality's Subdivision and Development Servicing Bylaw;
(b) a section through the site showing grades, buildings, structures, parking areas and driveways;
(c) a roof plan and roof height calculations;
(d) structural, electrical, plumbing, mechanical or fire suppression drawings prepared and sealed
by a registered professional;
(e) letters of assurance in the form of Schedule B referred to in Division C of the building code,
signed by a registered professional; and
(f) any other information required by the building official or the building code to establish
substantial compliance with this bylaw, the building code and other bylaws and enactments
relating to the building or structure.
Building Permit Applications for Group Moorage Facilities and Private Moorage Facilities
10.6
An application for a building permit with respect to a group moorage facility or private
moorage facility must
(a) be made in the form attached as Appendix A and signed by the owner, or a signing officer if
the owner is a corporation;
(b) be accompanied by the owner's acknowledgement of responsibility and undertaking made in
the form attached as Appendix E and signed by the owner, or a signing officer if the owner is
a corporation;
(c) include a copy of the foreshore tenure issued by the Province of British Columbia as well as
proof of ownership of the adjacent upland property in the form of a title search made within
30 days of the application;
(d) include plans identifying all improvements, the location and dimensions of all existing and
proposed buildings and structures on the adjacent upland property;
(e) include plans by a registered professional for all improvements associated with the group
moorage facility or private moorage facility including all docks, piers, ramps, gangways, floats,
anchor lines and pilings and all setbacks from waterlot lease lines and from the property line
extensions; and
(f) include cross-section showing the grades of all areas over which group moorage facilities
and private moorage facilities are proposed.
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Bowen Island Municipality Building Bylaw No. 489, 2019
Site and Location Information
10.7
Without limiting sections 10.2(e) or 10.4(d) of this Part, the building official may in writing
require an owner to submit an up-to-date plan or survey prepared by a registered British
Columbia land surveyor which contains sufficient information respecting the site and location
of any building to
(a) establish, before construction begins, that all the provisions of this bylaw in relation to this
information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other applicable
bylaws have been complied with;
(c) in relation to an existing building, substantiate its location, size, including appurtenances
whether above, at or below ground level, relative to the site or its relationship to
neighbouring grades; and
(d) in relation to construction of a new building, or addition to an existing building, prior to and
after the placement of concrete for foundations and footings, show the elevation at proposed
top of concrete on all building elevations and at all significant changes of elevation to
substantiate its size, location and elevation;
and every person served with a written requirement under this section must comply with the
requirement.
Building Permit Fee
10.8
Before receiving a building permit for a building or structure, the owner must first pay to the
Municipality:
(a) the building permit fee prescribed in Appendix C;
(b) any fees, charges, levies or taxes imposed by the Municipality and payable under an
enactment at the time of issuance of the building permit; and
(c) When an owner has commenced work requiring a building permit without first obtaining
such a permit they must, if a Stop Work notice is issued, pay an additional fee as outlined in
Appendix C of this bylaw.
Security Deposit with Building Permit Application
10.9
An applicant for a building permit must pay to the Municipality, at the time of the application
a security deposit sum set out in Appendix C.
10.10 The security deposit sum set out in section 10.9 of this Part
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Bowen Island Municipality Building Bylaw No. 489, 2019
(a) covers the cost borne by the Municipality to maintain, restore or replace any public works or
public lands which are destroyed, damaged or otherwise impaired in the carrying out of the
work referred to in any building permit held by the applicant;
(b) covers the cost borne by the Municipality to make the site safe if the permit holder abandons
or fails to complete the work as designated on the permit;
(c) serves as the security deposit for interim occupancy when the final inspection notice makes
provision for a security deposit; or
(d) serves as a security deposit to effect compliance with any condition under which the permit
was issued.
10.11 The security deposit or applicable portion must be returned to the applicant:
(a) when the building official is satisfied that no further damage to public works or public lands
will occur;
(b) when the inspections required by this bylaw are complete and acceptable to the building
official; and
(c) when the conditions or provisions of a interim occupancy permit are completed to the
satisfaction of the building official;
only if the applicant has requested the return of the security.
10.12 Any credit greater than the amount of the security deposit used by the Municipality for the
purposes described in sections 10.9 to 10.11 of this Part will be returned to the permit holder
unless otherwise so directed by the permit holder. Any amount in excess of the security
deposit required by the Municipality to complete corrective work to public lands, public works,
or the site is recoverable by the Municipality from the permit holder, the constructor or the
owner of the property.
Permit Fee Refunds
10.13 No fee or part of a fee paid to the Municipality may be refunded if construction of the
building has started.
10.14 A building permit or other permit fee may be partially refunded as set out in Appendix C, only
if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction of the
building or structure; and
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Bowen Island Municipality Building Bylaw No. 489, 2019
(c) the permit has not expired.
10.15 A building permit or other permit fee is not refundable after the permit has been extended
under section 10.45 of this Part.
Design Modification
10.16 If an issued building permit or other permit is active and the owner proposes modification to
the building design whereby the value of the work does not increase or the value of the work
decreases, the owner must pay to the Municipality a building permit fee based set out in
Appendix C.
Construction Before Permit Issued
10.17 The building permit or other permit fee is doubled for every permit application if construction
commenced before the building official issued a permit, to a maximum of $10,000.00.
Expiration of Application for a Permit
10.18 A building permit or a mechanical permit application expires 180 days from the date a complete
application is received under this Part if the building permit or mechanical permit is not issued
by the application expiration date, unless the permit is not issued only due to delays caused by
the Municipality.
Issuance of a Building Permit
10.19 If
(a) a completed application in compliance with sections 10.2 and 10.3, sections 10.4 and 10.5,
or section 10.6 of this Part, including all required supporting documentation, has been
submitted;
(b) the owner has paid all applicable fees set out in sections 10.8 to 10.18 of this Part and
Appendix C;
(c) the owner or his or her representative has paid all charges and met all requirements imposed
by any other statute or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under this bylaw;
(e) the owner has retained an architect if required under this bylaw;
(f) no covenant, agreement, resolution or regulation of the Municipality requires or authorizes
the permit to be withheld; and
(g) the owner has paid all charges and met all requirements imposed by other statue or bylaw,
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Bowen Island Municipality Building Bylaw No. 489, 2019
the building official will issue the permit, in the form prescribed by the building official, for which
the application is made, and the date of issuance is deemed to be the date the Municipality gives
written notice to the owner that the permit is ready to be picked up by the owner.
10.20 Despite section 10.19, the building official may refuse to issue a permit when the owner has
been notified of a violation of this bylaw about the construction of another building or structure
by the owner.
10.21 The building official may issue a foundation permit or an excavation permit prior to the
issuance of a building permit.
Compliance with the Homeowner Protection Act
10.22 If the application is in respect of a building that includes, or will include, a residential occupancy
governed by the Homeowner Protection Act, the building permit must not be issued unless the
owner provides evidence under section 30(1) of the Homeowner Protection Act, that the
proposed building
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed "residential builder" as defined in that Act.
10.23 Section 10.22 of this Part does not apply if the owner is not required to be licensed and to
obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the Homeowner
Protection Act.
10.24 Every permit is issued subject to the owner and constructor maintaining compliance with the
Homeowner Protection Act and negotiations under it during the term of the permit.
Partial Construction
10.25 If a site has been excavated under a building permit for excavation issued under this bylaw, or
construction has started under a foundation permit issued under this bylaw, and a building
permit is not subsequently issued or a subsisting building permit has expired under Section
10.45 but without the construction of the building or structure for which the building permit
was issued having commenced, the owner must fill in the excavation to restore the original
gradients of the site within 60 days of being served notice by the Municipality to do so.
Conditions of a Building Permit
10.26 A building permit or an application for a building permit that is in process may not be
transferred or assigned until the owner has notified the building official in writing, the building
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Bowen Island Municipality Building Bylaw No. 489, 2019
official has authorized the transfer or assignment in writing and the owner has paid the non-
refundable fee required under Appendix C. The transfer or assignment of a building permit is
not an extension of a building permit.
10.27 The review of plans and supporting documents and issuance of a building permit do not
prevent the building official from subsequently requiring the correction of errors in the plans
and supporting documents, or from prohibiting building construction or occupancy being
carried on when in violation of this or another bylaw.
Inspections
10.28 If a registered professional provides letters of assurance in accordance with this Part, the
Municipality will rely solely on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to this bylaw and the building code as assurance that
the construction referenced by those letters of assurance substantially conforms to the design,
plans and specifications and that the construction complies with the building code, this bylaw
and other applicable enactments respecting safety.
10.29 Despite section 10.28 of this Part, a building official may attend the site from time to time
during the course of construction to ascertain that the field reviews are taking place and to
monitor the field reviews undertaken by the registered professionals.
10.30 A building official may attend periodically at the site of the construction of simple buildings or
structures to ascertain whether the work is being carried out in substantial conformance with
the building code, this bylaw and any other applicable enactments concerning safety.
10.31 For all work in respect of simple buildings the owner must give at least 24 hours' notice to the
Municipality when requesting an inspection and following an inspection must receive a
building official's written acceptance of the following aspects of the work prior to concealing
them:
(a) after demolition, the grading of and removal of debris from the site;
(b) excavation, within 24 hours of the start of excavation;
(c) foundation and footing forms, before concrete is poured;
(d) prior to inspection under section 10.30(e), plumbing located below the finished slab level;
(e) the preparation of ground, including ground cover when required, perimeter insulation on
inside of concrete foundation walls and reinforcing steel;
(f) after inspection under section 10.30(e) hydronic heating pipes and below slab insulation;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(g) installation of rough-in plumbing before it is covered;
(h) installation of building services before being covered;
(i) rough in of masonry fireplaces, factory built chimneys and fireplaces and solid fuel burning
appliances;
(j) framing, sheathing, fire stopping (including drywall in fire separations), bracing, chimney and
ductwork, rough wiring, rough plumbing, rough heating, gas venting, exterior doors and
windows, but prior to the installation of insulation, interior finishes, sheathing paper or
exterior finishes which would conceal such work;
(k) insulation and vapour barrier;
(l) construction of an exterior deck if the deck serves as a roof;
(m) on-site constructed tubs or showers and tub or shower trap tests;
(n) the installation of wall sheathing membrane, externally applied vapour or air barrier, stucco
wire or lath, and flashings, but prior to the installation of exterior finishes which could conceal
such work; and
(o) the health and safety aspects of the work and the conservation, GHG emission reduction and
accessibility aspects of the work when the building or structure is substantially complete,
ready for occupancy but prior to occupancy.
10.32 An owner requesting an inspection must make the request online or in writing in accordance
with this bylaw.
10.33 Any letters of assurance being provided under this bylaw must be submitted to the building
official before the construction of the work being addressed by the registered professional
commences.
10.34
(a) No person may conceal any aspect of the work referred to in section 10.30 and 10.31 of this
bylaw until a building official has accepted it in writing unless letters of acceptance by a
registered professional have been submitted in relation to that aspect of the work.
(b) If work has proceeded past one or more of the stages referred to in section 10.31 and 10.33
of this Bylaw without approval from the Building official, the Owner must:
(i) remove the unapproved work and return the project to the stage
following the last approved inspection;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(ii) call for inspection;
(iii) pay all re-inspection applicable fees;
before proceeding with any further work.
10.35 For work in respect of complex buildings, the owner must:
(c) give at least 48 hours' online or written notice to the Municipality when requesting a
preconstruction meeting with the building official prior to the start of construction, and the
owner or his or her representative must ensure that the coordinating registered professional,
the constructor, as well as representatives of major trades, are in attendance;
(d) give at least 48 hours' online or written notice to the Municipality when requesting a pre-
occupancy coordinated by the coordinating registered professional or other registered
professional to have the owner, the constructor and the registered professionals demonstrate
to the building official and Fire Services the compliance with the health and safety aspects of
the work, the coordination and integration of the fire and life safety system, applicable bylaws
of the Municipality and other enactments respecting safety and the conservation, GHG
emission and accessibility aspects of the work; and
(e) cause the coordinating registered professional, at least 48 hours prior to the pre-occupancy
coordinated site review coordinated by the coordinating registered professional, to deliver to
the building official the Confirmation of Required Documentation described in Appendix G,
complete with all documentation in a hard covered three ring binder and in digital pdf format
on a memory stick.
Stop Work Order
10.36 The building official may direct the immediate suspension or correction of all or a portion of
the construction on a building or structure by attaching a stop work order notice in the form
described in Appendix H on the premises, or by delivering the notice to the owner, whenever
it is found that the work is not being performed in accordance with the requirements of the
building code, the Building Permit issued in respect of the work of this Bylaw, any applicable
bylaw of the Municipality or the applicable provisions of the Homeowner Protection Act.
10.37 The coordinating registered professional may request, in writing, that the building official order
the immediate suspension or correction of all or a portion of the construction on a building or
structure by attaching a stop work order notice on the premises or delivering the notice to the
owner. The building official must consider such a request and, if not acted upon, must respond,
in writing, to the coordinating registered professional and give reasons.
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Bowen Island Municipality Building Bylaw No. 489, 2019
10.38 If a registered professional's services are terminated, the owner must immediately stop any
work that is subject to his or her design or field review and the building official is deemed to
have issued a stop work order under section 10.36.
10.39 The owner must immediately, after the posting or delivery of a notice under section 10.36,
(a) ensure the notice is and remains posted at the premises, as directed by the building official;
and
(b) secure the construction and the lands and premises surrounding the construction in
compliance with the safety requirements of every statute, regulation or order of the Province
or of a provincial agency and of every applicable bylaw of the Municipality.
10.40 Subject to section 10.36, no work other than the required remedial measures may be carried
out on the parcel affected by the notice referred to in section 10.35 until the stop work order
notice has been removed by the building official.
10.41 The notice referred to in section 10.36 must remain posted on the premises until that which is
contrary to the enactments has been remedied.
Do Not Occupy Notice
10.42 If a person occupies a building or structure or part of a building or structure in contravention
of this bylaw, a building official may post a Do Not Occupy Notice in the form described in
Appendix I on the affected part of the building or structure, or may deliver such notice to the
owner along with direction as to where the notice must be or remain posted.
10.43 If a notice is posted under section 10.42, the owner of a parcel on which a Do Not Occupy
Notice has been posted, and every other person, must cease occupancy of the building or
structure immediately and refrain from further occupancy until all applicable provisions of the
building code and this bylaw have been substantially complied with and the Do Not Occupy
Notice has been rescinded in writing by a building official. An owner to whom such notice is
delivered must ensure that the notice is and remains on the affected part of the building or
structure, as directed by the building official.
Inspection and Other Fees
10.44 In addition to the fees required under other provisions of this bylaw, the owner must pay the
non-refundable fee set out in Appendix C for:
(a) a second and each subsequent re-inspection where it has been determined by the building
official that due to non-compliance with the provisions of this bylaw or due to non-complying
work, more than one site visit is required for any required inspection;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(b) a special inspection during the Municipality's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements because of time,
location or construction techniques; and
(c) inspection required under this bylaw which cannot be carried out during the Municipality's
normal business hours.
Permit Expiration
10.45 Every permit is issued on the condition that the permit expires and the rights of the owner
under the permit terminate if
(a) the work authorized by the permit is not commenced within 12 months from the date of
issuance of the permit;
(b) work is discontinued for a period of 12 months; or
(c) the work is not completed within two years of the date of issuance of the permit.
Permit Extension
10.46 A Building Official may authorize a twelve month extension to a Permit:
(a)
upon the written request of the Owner and the payment of the applicable fees in
Appendix C
(b)
Notwithstanding 10.46 (a), where, in the opinion of the Building Official,
Construction has not proceeded in a timely manner for any reason, the Building
Official may deny an extension to a Permit.
Building Permit Revocation
10.46 The building official may revoke a building permit if there is a violation of
(a) a condition under which the permit was issued; or
(b) a requirement of the building code or of this or another bylaw of the Municipality,
such permit revocation must be in writing and sent to the permit holder by signature mail to, or
personal service on, the permit holder.
Building Permit Cancellation
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Bowen Island Municipality Building Bylaw No. 489, 2019
10.47 A building permit, or a building permit application, may be cancelled by the owner, or his or
her agent, on delivery of written notification of the cancellation to the building official.
10.48 On receipt of the written cancellation notice, the building official must mark on the application,
and a permit if applicable, the date of cancellation and the word "cancelled".
10.49 If the owner, or his or her agent, submits changes to an application after a permit has been
issued and the changes, in the opinion of the building official, alter the scope of the work,
design or intent of the application in respect of which the permit was issued, the building
official may cancel or amend the permit and mark on the permit the date of cancellation or
amendment and the word "cancelled" or "amended".
10.50 If a building permit application or permit is cancelled, and construction has not commenced
under the permit, the building official must return to the owner any fees deposited under
Appendix C, less
(a) any non-refundable portion of the fee; and
(b) 50% of the refundable portion of the fee.
Occupancy
10.51 No person may occupy a building or structure or part of a building or structure until an
occupancy permit has been issued by a building official.
10.52 An occupancy permit will not be issued unless:
(a)
all letters of assurance and the Confirmation of Required Documentation described
in Appendix G have been submitted when required in accordance with the
requirements of this bylaw;
(b)
all aspects of the work requiring inspection and acceptance pursuant to this bylaw
have both been inspected and accepted or the inspections and acceptance are not
required in accordance with this bylaw;
(c)
all aspects of the work requiring inspection and review pursuant to Part 9 and
sections 10.27 through 10.34 of this bylaw have both been inspected and accepted;
(d)
the owner has delivered to the Municipality as-built plans of works and services in
digital format as required by the Municipality;
(e)
the owner has executed and delivered to the Municipality every agreement,
instrument or form required by the Municipality in relation to the work or the site;
and
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Bowen Island Municipality Building Bylaw No. 489, 2019
(f)
all required offsite works respecting safety have been completed.
(g)
the owner has provided to the Municipality a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and elevation
determined in accordance with the Municipality's land use regulations;
(h)
all other documentation required under applicable enactments has been delivered
to the Municipality; and
(i)
the owner has delivered to the Municipality as-built drawings of the building or
structure in digital format as required by the Municipality.
(j)
there is an adequate supply of water and an adequate downstream sanitary sewer
capacity for servicing the parcel, as determined by the Municipal engineer.
10.53 When a registered professional provides letters of assurance in accordance with this bylaw, the
Municipality will rely solely on the letters of assurance when issuing a final report authorizing
occupancy as assurance that the items identified on the letters of assurance substantially
comply with the design, the building code, this bylaw and other applicable enactments
respecting safety.
10.54 A building official may issue an occupancy permit for partial occupancy of a portion of a building
or structure under construction when
(a) that portion of the building or structure is self-contained and provided with
essential services respecting health and safety aspects of the work, and if
applicable, accessibility, GHG emissions and conservation; and,
(b) the requirements set out in section 10.52 have been met with respect to it.
10.55 A building official may issue an occupancy permit for a period of not more than 12 months for
a building or structure when
(a) the interim occupancy permit is for a period not exceeding one year;
(b) all aspects of the work requiring inspection and acceptance pursuant to sections
7.10 to 7.15 of Part 7 of this bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with this bylaw;
(c) all aspects of the work requiring inspection and review pursuant to Part 9 and
sections 10.27 through 10.34 of this bylaw have both been inspected and
accepted;
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Bowen Island Municipality Building Bylaw No. 489, 2019
(d) that the building or structure is provided with essential services respecting health
and safety aspects of the work, and if applicable, accessibility, GHG emissions and
conservation; and
(e) the owner has paid the applicable fee set out in Appendix C
Temporary Buildings
10.56 Subject to the bylaws of the Municipality and orders of Council, the building official may issue
a building permit for the erection or placement of a temporary building or structure for
occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the Municipality's Land Use Bylaw, built
in compliance with the building code and this bylaw, and connected, as required by
enactments, to Municipality's utility services.
10.57 An application for a building permit for the erection or placement of a temporary building or
structure must be made in the form of a temporary permit application in the form prescribed
by the building official, signed by the owner or agent, and must include
(a) plans and supporting documents showing the location and building height of the building or
structure on the parcel;
(b) plans and supporting documents showing construction details of the building or structure;
(c) a statement by the owner indicating the intended use and duration of the use;
(d) plans and supporting documents showing the proposed parking and loading space;
(e) a written description of the project explaining why the building is temporary;
(f) a copy of an issued development permit, if required;
(g) in the case of a manufactured building, a CSA label in respect of manufacture and, without
limitation, a Quonset or other steel building must be certified in accordance with CSA
Standard A660;
(h) a report or drawing by an engineer, architect or designer confirming compliance with the
building code, this bylaw, the Municipality's Land Use Bylaw and other applicable bylaws;
(i) security in the form of cash or a letter of credit for 10% of the value of the temporary building,
which security
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Bowen Island Municipality Building Bylaw No. 489, 2019
(i)
may be used by the Municipality to remove the building after one year of the date
of the final inspection required under this bylaw; or
(ii)
must be returned to the owner if the owner removes the temporary building within
one year of the date of the final inspection of the temporary building required under
this bylaw; and
(j) in the case of a temporary building, information to comply with article 1.1.1.1(2)(f), Division
C of the Building Code.
10.58 Before receiving a building permit for a temporary building or structure for occupancy, the
owner must pay to the Municipality the applicable building permit fee set out in Appendix C.
10.59 A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
10.60 During the time a building permit has been issued and remains valid under this bylaw, the
owner must provide on the parcel in respect of which the permit has been issued, or on land
in the vicinity of that parcel with the written permission of the owner of the other land, if
applicable, sanitary facilities for the disposal of human waste from individual persons who
enter on the parcel in relation to the work referred to in the permit. Facilities must be
accessible and unlocked when not occupied while work is being carried out on the parcel
under this bylaw, and every sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
by plumbing that complies with the Building Code and this bylaw, must be provided, at all times
the facility is required under this bylaw, with toilet paper, a locking door for privacy, and
ventilation, and must be kept in sanitary condition without leaking beyond the facility and without
overflowing within the facility. Such facilities must be located so as not to create a nuisance to
neighbouring parcels or highways.
PART 11: RETAINING WALLS AND GRADES
11.1
No person may construct, or structurally repair, a retaining wall without a building permit.
11.2
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the Province of British Columbia, fill material placed on a parcel, unless restrained
by permitted retaining walls, must not have a surface slope exceeding a ratio of one linear unit
vertically to two linear units horizontally.
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Bowen Island Municipality Building Bylaw No. 489, 2019
11.3 Without limiting section 11.2, no person may occupy a building unless the finished grade
complies with all applicable enactments.
PART 12: BUILDING MOVE
12.1
No person may move a building or structure into or within the Municipality:
(a) except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code; and
(b) a building permit has been issued for the building or structure.
PART 13: POOLS
Swimming Pool Permit and Fencing
13.1
Without limiting section 5.1 of this bylaw, a person must not construct, or structurally repair,
a swimming pool without a valid building permit.
13.2
A swimming pool, including a spa or hot tub, must be enclosed within a fence constructed
without footholds or grips that children may use to climb into the enclosed area, having a
minimum height of 1.5 metres and no openings greater than 100 mm at their greatest
dimension.
Pool Gate
13.3
Access through a fence or other vertical barrier enclosing a swimming pool, pas, or hot tub
must be only through a self-closing and self-latching gate or door designed and constructed so
as to cause the gate or door to return to a closed, locked position when not in use and secured
by a latch or lock located on the swimming pool, spa or hot tub side of the gate or door.
Spa or Hot Tub Lid
13.4
In lieu of a fence, a spa or hot tub may be covered with a locking cover, which would prevent
unauthorized access to the water.
Maintenance
13.5
A person may not use or occupy a swimming pool, including a spa or hot tub, unless the owner
or occupier of property on or in which the pool, spa or hot tub is located maintains every fence
or cover required under sections 13.2 to 13.4 in good order. Without limiting the foregoing,
the owner or occupier must keep the pool, coverings and fence and repairs in good order at all
times, in particular to prevent all sagging gates, loose parts, torn mesh, missing materials, worn
latches, locks or broken or binding members.
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Bowen Island Municipality Building Bylaw No. 489, 2019
Leaks or Other Failures
13.6
A person may not obtain a valid and subsisting building permit for or use or occupy a swimming
pool without first delivering to the building official at the time of the building permit application
an opinion of a registered professional that the design of the pool will not cause or result in
leaks or other failures of the pool.
PART 14: ENERGY CONSERVATION AND ZERO CARBON
14.1
The Municipality adopts by reference the BC Energy Step Code and the BC Zero Carbon Step Code,
as applicable under the BC Building Code
14.2
A building regulated by Part 3 of the Building Code must be designed and constructed to meet the
minimum performance requirements specified in Step 3 of the Energy Step Code and Zero Carbon
Step Code Level EL-1.
14.3
A building regulated by Part 9 of the Building Code must be designed and constructed to meet the
minimum performance requirements specified in Step 3 of the Energy Step Code and Zero Carbon
Step Code Level EL-1.
14.4
For any building or part of a building within the scope of the BC Energy Step Code or the BC Zero
Carbon Step Code, compliance is required as set out in the BC Building Code.
14.5
When an NRCan-registered Energy Advisor or registered professional, provides energy and/or
emissions reports or field reviews in accordance with this bylaw, the Municipality may rely on those
submissions as evidence that the construction conforms to the approved design and complies with
the BC Building Code, this bylaw, and other applicable enactments respecting energy efficiency and
operational greenhouse-gas emissions. Such reliance does not limit the Municipality's authority to
inspect, require additional information, or enforce compliance, and does not relieve the owner,
energy advisory, or registered professional of responsibility for compliance.
14.6
A building permit application accepted as complete before the effective date of this amendment
may, at the owner's election, proceed under the requirements in force on the date of acceptance.
PART 15: ACCESS ROUTE FOR FIRE VEHICLE
15.1
Prior to the issuance of a building permit for a building under Part 9 of the building code, the
owner must satisfy the building official that the building or structure for which the permit is
issued will be served by a fire access route that satisfies the following:
(a) the width of an access route must be not less than 3.6 metres;
(b) the centerline radius of an access route must be 12 metres;
(c) the overhead clearance of an access route must be at least 5 metres; and
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Bowen Island Municipality Building Bylaw No. 489, 2019
(d) the gradient of the access route must not change more than 1 in 12.5 over a minimum
distance of 15 metres;
(e) the access route must comply with the bearing load and surface material standards of the
Municipality's Subdivision and Development Servicing Bylaw, as amended or replaced from
time to time; and,
(f) the maximum unobstructed path of travel for fire fighters from main entrance to fire
department vehicle is 15 metres.
15.2
The requirements of section 15.1 may be waived by the Fire Chief for the Municipality if the Fire
Chief is satisfied that the access route will not impede or obstruct vehicles or equipment used by
members of the Municipality's Fire Department in carrying out their work.
PART 16: CLIMATIC DATA
16.1
The climatic data for the design of buildings in the Municipality shall be the data provided for
the Municipality by Environment and Climate Change Canada, which will be published on the
Municipality's official website.
PART 17: OFFENCE, PENALTY AND ENFORCEMENT
Violations
17.1
Without limiting Part 4 of this bylaw, every person who
(a) contravenes or violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in contravention or violation of any provision
of this bylaw; or
(c) fails or neglects to do anything required to be done under any provision of this bylaw, or an
order issued or a notice posted or delivered under this bylaw,
commits an offence and each day during which a violation or contravention of this bylaw
continues amounts to a separate offence.
17.2
A person found guilty of an offence under this bylaw is liable to pay a fine of up to $10,000, the
costs to the Municipality of prosecution, and to such other penalties and compensation as may
be imposed by a court under the Community Charter and Offence Act.
Deemed Offence
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Bowen Island Municipality Building Bylaw No. 489, 2019
17.3
An owner is deemed to have knowledge of and be liable under this bylaw in respect of any
construction on the parcel the owner owns and any change in the use, occupancy or both of a
building or structure or part of a building or structure on that parcel.
17.4
No person is deemed liable under section 16.3 who establishes, on a balance of probabilities,
that the construction or change of use or occupancy occurred before he or she became the
owner of the parcel.
17.5
Nothing in section 16.4 affects
(a) the Municipality's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
Enforcement
17.6
This bylaw may be enforced by a building official or by a bylaw enforcement officer
appointed by the Municipality to enforce this bylaw.
17.7
This bylaw may be enforced:
(a) by prosecution under the Offence Act;
(b) by issuance of a bylaw notice under the Bowen Island Municipality Bylaw Notice
Enforcement Bylaw;
(c) by civil action as authorized by law.
PART 18: INTERPRETATION
Definitions
18.1
In this bylaw
accepted means reviewed by the building official under the applicable provisions of the building
code and this bylaw;
addition means an alteration to any building which will increase the total aggregate floor area or
the building height (in storeys), and includes the provision of two or more separate buildings with
openings between each other for intercommunication;
agent includes a firm, corporation or other person representing the owner, by written designation
or contract, and includes a hired tradesperson or constructor who may be granted a permit for
work within the limitations of his or her licence;
alternative solution means an alternative solution authorized under the building code;
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Bowen Island Municipality Building Bylaw No. 489, 2019
alteration means a change, repair or modification of the construction or arrangement of or use of
any building or structure, or to an occupancy regulated by this bylaw;
Architects Act means the Architects Act RSBC 1996, c. 17 as amended or re-enacted from time to
time;
Authorized person means a registered practitioner or a professional as defined by the Sewerage
System Regulation.
building code means the British Columbia Building Code as adopted by the Minister responsible
under provincial legislation, as amended or re-enacted from time to time;
building official means the person designated in or appointed to that position by the Bowen Island
Municipality, and includes a building inspector, plan checker, plumbing inspector gas inspector,
or electrical inspector designated or appointed by the Bowen Island Municipality, and for certainty
the building official is the "building inspector" referred to in the Community Charter and Local
Government Act;
complex building means:
(a) a building used for a major occupancy classified as:
(i)
assembly occupancy;
(ii)
care occupancy;
(iii)
detention occupancy;
(iv)
high hazard industrial occupancy,
(v)
treatment occupancy; or
(vi)
post-disaster building,
(b) a building exceeding 600 square metres in building area or exceeding three storeys in building
height used for a major occupancy classified as:
(i)
residential occupancy;
(ii)
business and personal services occupancy;
(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy,
coordinating registered professional means a registered professional retained pursuant to the
building code to coordinate all design work and field reviews of the registered professionals
required for a development;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
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Bowen Island Municipality Building Bylaw No. 489, 2019
constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996, c. 116 as
amended or re-enacted from time to time;
existing, in respect of a building, means that portion of a building constructed prior to the
submission of a permit application required under this bylaw;
foundation means a system or arrangement of foundation units through which the loads from a
building are transferred directly to supporting soil or rock and includes any portion of the exterior
walls of a building that lie below the finished grade immediately adjacent to the building;
Gangway, Group Moorage Facility and Private Moorage Facility mean gangway, group moorage
facility and private moorage facility as defined in Bowen Island Municipality Land Use Bylaw No.
57, 2002 as amended or re-enacted from time to time;.
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by Parts 3, 4, 5, 6,
7, 8, 9 and 10, Division B, of the building code; and subject to Parts 1 and 2 in relation to Parts 3
through 10, Division B;
Health Authority means the regional health board established under the Health Authorities Act
that has jurisdiction over the geographic area in which the Municipality is located;
Letters of Assurance means the schedules in the Building Code outlining the responsibilities and
commitments of Registered Professionals;
Letter of Certification means the document filed with the Health Authority by an authorized
person upon completion of the installation of a sewerage system, as required by Section 9 of the
Sewerage System Regulation;
Municipality means the Bowen Island Municipality
owner means the registered owner in fee simple, or an agent duly authorized by the owner in
writing in the form attached as Appendix D;
permit means permission or authorization in writing by the building official to perform work
regulated by this bylaw and, in the case of an occupancy permit, to occupy a building or part of a
building;
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Bowen Island Municipality Building Bylaw No. 489, 2019
pool means a structure or constructed depression used or intended to be used for swimming,
bathing, wading or diving which is designed to contain water and has a depth, at any point,
exceeding 0.6 m, including an in-ground pool, spa and hot tub;
professional design means the plans and supporting documents bearing the date, seal or stamp,
and signature of a registered professional;
project means any construction operation;
Record of Sewerage Filing means the document issued to the property owner by the Health
Authority upon the receipt of construction plans for a sewerage system in the form required by
Section 8 of the Sewerage System Regulation.
Registered Professional means a person who is registered or licensed to practice as an architect
under the Architects Act or a person who is registered or licensed to practice as a professional
engineer under the Engineers and Geoscientists Act.
retaining wall means a structure exceeding 1.5 metres in height, regardless of whether the
structure is embedded on level ground or on a slope, that holds or retains soil or other material
behind it;
Sewerage system means a system for treating domestic sewage that uses one or more treatment
methods and a discharge area, but does not include a holding tank or a privy.
Sewerage System Regulation means Sewerage System Regulation under the Public Health Act
(BC).
simple building means a building of three storeys or less in building height, having a building area
not exceeding 600 square metres and used for a major occupancy classified as
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; or
(e) low hazard industrial occupancy,
structure means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and retaining
structures less than 1.5 meters in height;
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Bowen Island Municipality Building Bylaw No. 489, 2019
temporary building includes a sales office, construction office or a structure in which tools are
stored during construction of a building or other structure;
value of the work means that amount that is calculated as follows:
(a) as determined by the building official using current market costs
18.2
In this bylaw the following words and terms have the meanings
(a) set out in section 1.4.1.2 of the building code as of the date of the adoption of this bylaw:
accessible assembly occupancy, building, building area, building height, business and personal
services occupancy, care occupancy, constructor, coordinating registered professional,
designer, detention occupancy, excavation, field review, firewall, first storey, grade, high
hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major
occupancy, medium hazard industrial occupancy, mercantile occupancy, occupancy, post
disaster occupancy, private sewage disposal system, registered professional, residential
occupancy, treatment occupancy or unsafe condition;
(b) subject to this bylaw, set out in the Schedule to the Community Charter: assessed value,
highway, land, occupier, parcel, public authority, service and soil; and
(c) subject to this bylaw, set out in section 29 of the Interpretation Act: may, must, obligation,
person, property, writing, written and year.
18.3
Every reference to this bylaw in this or another bylaw of the Bowen Island Municipality is a
reference to this bylaw as amended or replaced from time to time.
18.4
Every reference to
(a) the building code is a reference to the current edition as of the date of issuance of the building
permit; and
(b) a section of the building code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
18.5
Definitions of words and phrases used in this bylaw that are not included in the definitions in
this Part have the meanings commonly assigned to them in the context in which they are used
in this bylaw, considering the specialized use of terms with the various trades and professions
to which the terminology applies.
Appendices
18.6
Appendices A through I are attached to and form part of this bylaw.
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Bowen Island Municipality Building Bylaw No. 489, 2019
Severability
18.7
If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for any reason
declared invalid by a court of competent jurisdiction, the decision will not affect the validity of
the remaining portions of this bylaw.
PART 19: REPEAL
19.1
"BOWEN ISLAND MUNICIPALITY Building Bylaw No. 65, 2002", as amended, is repealed.
READ A FIRST TIME this 9th day of September, 2019.
READ A SECOND TIME this 9th day of September, 2019.
READ A THIRD TIME this 30th day of September, 2019.
FINALLY ADOPTED this 15th day of October, 2019.
Mayor (ORIGINAL SIGNED)
Corporate Officer (ORIGINAL SIGNED)
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality BYLAW No. 489, 2019
Appendix A - Building Permit Application Form
(Form on following page)
580 Bowen Island Trunk Road, Bowen Island, B.C. V0N 1G2
Tel: 604 947-4255/ Fax: 604 947-0193/ [email protected]
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Bowen Island Municipality Building Bylaw No. 489, 2019
Building Permit Application Form
Owner
Name
Mailing Address
Postal Code
Tel: (home)
Tel: (work)
Fax:
email:
Architect
Name
Mailing Address
Postal Code
_
Tel: (home)
Tel: (work)
Fax:
email:
Business Licence Number:_________________
Professional
Engineer
Name
Mailing Address
Postal Code
_
Tel: (home)
Tel: (work)
Fax:
email:
Business Licence Number:_________________
Contractor
Name
Mailing Address
Postal Code
_
Tel: (home)
Tel: (work)
Fax:
email:
Business Licence Number:_________________
Plumber
to be installed by owner to be installed by plumbing contractor - please specify:
Name
Trade Certification No.
copy of certification attached Business Licence Number:_________________
Sewerage
Practitioner
or Professional
Name
Trade Certification No.
copy of certification attached Business Licence Number:_________________
Property
Description
Tax Assessment Roll/Folio #
PID #
Lot
Block
Plan
District Lot
House No.
_ Street
_
Application to Construct (please one)
new dwelling including a secondary suite renovation new deck demolition new accessory building addition
new commercial Bldg. secondary suite detached secondary suite change of use
other
In the case of an addition/renovation are you increasing the livable space of the building
Yes No
CONSTRUCTION VALUE FOR BUILDING PERMIT: (FOR OFFICE
USE ONLY)
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Bowen Island Municipality Building Bylaw No. 489, 2019
Please Note: Incomplete Applications may delay issuance of the building permit
Applicant to ensure that a cheque or money order for $75.00 (made payable to the Bowen Island
Municipality) is attached and that each permit, filing or approval listed below has been obtained and
the documentation is attached.
3 copies of architectural drawings
Survey plan prepared by a BC Land Surveyor
Site Plan
Approval of strata corporation (if applicable)
Cheque or money order for $75.00
Proof of Ownership (Certificate of Title - must dated within 90 days prior to application)
BIM can supply for a cost of $25.00
Copy of All Covenants & Easements. Check with Planning Clerk. BIM may already have copies
Record of Sewerage System. (new dwellings & accessory buildings)
Fire Department Access Permit (new dwellings & detached secondary suites)
Driveway Access Permit (New dwellings & detached secondary suites)
Homeowner Protection Certification (New Dwellings & detached secondary suites)
Approval from Agricultural Land Commission (if applicable)
Heron Policy #16-020 Adherence if applicable
Approval from Ministry of Environment, Lands and Parks (if applicable)
Proof of Professional Liability Insurance from Registered Professional (if applicable)
Potable Water (for all new dwellings and detached secondary suites):
Property is served with water from
Water System and letter of
approval to be connected to the water system is attached
Proposed water supply will serve 2 or more connections and approval from Health Unit and
documentation required for water testing and sampling is attached
Proposed water supply serves single property and documentation required for water testing
and sampling outlined is attached
Are you installing a Fire Sprinkler System? Yes__________ No __________
Please ensure that your site plan includes the following:
Date, Scale, north arrow
Approximate dimensions and sizes of all proposed buildings
Approximate location of existing roads and trails
Approximate location of all easements, covenant areas, rights-of-way, etc.
Approximate location of proposed accesses for all lots (if applicable)
Existing &finished grade at all points where 2 outside walls meet
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Bowen Island Municipality Building Bylaw No. 489, 2019
BUILDING PERMIT OWNER'S ACKNOWLEDGEMENT OF RESPONSIBILITY
1. I acknowledge that if I am granted a building permit pursuant to this application that
am responsible for compliance with the current edition of the British Columbia
Building Code, this Bylaw and any other applicable enactment, code regulation or
standard relating to the work in respect of which the permit is issued, whether or
not the said work is undertaken by me or by those whom I may retain or employ to
provide design and/or construction services.
2. I acknowledge that neither the issuance of a permit under this bylaw, the acceptance
nor review of plans, specifications, drawings or supporting documents, nor
inspections made by or on behalf of the Bowen Island Municipality constitute a
representation, warranty, assurance or statement that the current edition of the
British Columbia Building Code, the Building Bylaws of Bowen Island Municipality or
any other applicable enactment, code, regulation or standard has been complied
with.
3. Where the Bowen Island Municipality requires that Letters of Assurance be provided
by a Registered Professional, I confirm that I have been advised in writing by the
Bowen Island Municipality that it relied exclusively on the Letter of Assurance of the
"Professional Design and Commitment for Field Review" prepared by
__________________________________
in reviewing the plans, drawings specifications and supporting documents submitted
for a building permit.
4. I confirm that I have relied only on the said Registered Professional for the adequacy
of plans, drawings, specifications and supporting documents submitted with this
application.
5. I understand that I should seek independent legal advice in respect of the
responsibilities I am assuming upon the granting of a building permit by the Bowen
Island Municipality.
Signed this
day of
_, 20
_ Owner'/Agent's Signature:
_ Signed this day of Witnessed
by:
_ Signature of Witness:
_ Occupation:
_
NOTE: If signed by an Agent, letter of authorization from the Owner must be provided with this
application.
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Bowen Island Municipality Building Bylaw No. 489, 2019
Building Permit Number
House Number Assigned
Building Setbacks: Front
Exterior Side
Interior Side
Rear
LCR
(Lot Coverage Ratio)
Lot Coverage
Homeowner Protection
Application Fee
House Number Previously Assigned
Present Zoning
Occupancy
Lot Area
Driveway Access
MELP
ALC
Record of Sewerage System
Sewerage Certification
Site Plan
Zoning
Drawings
Potable Water
FOR OFFICE USE ONLY
Proof of Ownership
Planning Dept. Fire Department Permit Approval for Agent
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019 -
Appendix B - Building Permit Form
BUILDING PERMIT
Owner(s)
Permit #
Roll #
PID
Construct
Lot
Block
House #
Plan
Street
District Lot
Construction Value
$0.00
Fee:
$75.00
Plumbing Fixtures
--
0.00
Chimney Flues
--
0.00
Temporary Structures
--
0.00
Demolition, under 500 sq ft
--
0.00
Demolition, 500 sq ft or more
--
0.00
Sign Construction
--
0.00
Moving a Building
--
0.00
Certification Discount (as per Sec.
743(3) of the Local Government Act)
--
Permit Fee
$75.00
Permit Deposit
0.00
(to be refunded upon completion of
construction project)
Certification Discount
Title Search
0.00
Stop Work Order Penalty
0.00
Sub-total
$75.00
Application Fee Received
(75.00)
Total Due
$0.00
Building Inspector
Note: The placement of any materials or debris on public property, or the blocking of road
drainage ditches or natural water courses is PROHIBITED.
If this permit is issued in reliance upon the certification by registered professionals
the Bowen Island Municipality will rely upon the liability disclaimer in Section 743
of the Local Government Act
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality BYLAW No. 489, 2019
Appendix C - Fees
BUILDING PERMIT FEES
FEES
1.
building permit application fee
The greater of $150.00 or
0.25% of the value of work
2.
Security Deposit required when building permit
application is approved
1.0% of value of work, when the
value of work exceeds $15,000.
3.
Pre-inspection of building being moved within
the Bowen Island Municipality
$300.00 per structure
4.
Building Permit Fee payable for the construction,
addition, alteration or repair of a building or
structure
or part thereof shall be as follows:
For each $1,000.00 or part thereof
$10.00
exceeding $1,000.00 up to $150,000.00 of value of
work
For each additional $1,000.00 or part
thereof exceeding $150,000.00 of value of
work
And deducting the following
$9.00
The portion of the Building
Permit application Fees
exceeding $150
5.
When a permit is surrendered and cancelled
before any construction begins and the owner has
provided written notification that the project will
not be undertaken
50% of the building permit fee and
100% of the deposit shall be
refunded to the property owner
6.
For the first and second extension of a building
permit, if requested in writing by the owner
$150.00 or 20% of the
building permit fee, whichever is
greater.
6.1
For each subsequent extension of a building permit,
if requested in writing by the owner
$300 or 50% of the building permit
fee, whichever is greater.
7.
Plan review for building design modifications
$100.00
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Bowen Island Municipality Building Bylaw No. 489, 2019
8.
For the transfer of a building permit
$75.00
9.
Requested after hours inspection.
$100.00 minimum plus actual time
spent and travel costs at current
rate
10.
For permit to install Plumbing
$20.00 per fixture with a minimum
fee of $75.00.
11.
11a.
For permit to install either a chimney, heating
device which is connected to the chimney, or a
fireplace (masonry or factory-built chimney)
For each additional flue or vent
$75.00
$20.00
12.
For any application for a permit not
specifically provided herein
$150.00
13.
Swimming Pool Construction
Based on construction value
formula (as per Section 4 ).
14.
Where it has been determined by the building
official that due to non-compliance with the
provisions of this bylaw or the building code,
more than two inspections are necessary for a
single type of inspection, the fee for each
inspection after the second inspection
$100.00
15.
Demolition Permit Fee
$150.00 if less than 500 square feet,
$300.00 if 500 square feet or more
16.
For providing property title search from Land
Title Office (per title)
$25.00
17.
For obtaining and/or providing a copy of an
instrument registered on the property title
Actual cost
18.
For registration and review of Section 219
covenant placed according to the Land Title Act.
$500.00
19.
For discharge of Section 219 covenant placed
according to the Land Title Act.
$350.00
20.
For registration and review of priority agreements
$350.00
21.
For discharge of notices placed under Section 700
of the Local Government Act
$350.00
22.
For the issuance of an interim occupancy
$200.00
23.
For the renewal of an interim occupancy
$300.00
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Bowen Island Municipality Building Bylaw No. 489, 2019
24.
For the issuance of a Foundation Permit
$300.00
25.
Excavation Permit Fee
$250.00
26.
When work requiring a building permit has
commenced without a permit and a Stop Work
notice is issued.
An additional charge equal to100% of
the building permit fee, to a
maximum of $10,000
27.
For the review of an alternative solution proposal
for Part 9 Buildings.
$350.00
28.
For review of Fire Access Route by the Fire Chief
or delegate under Section. 15.2
$350.00
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019
Appendix D - Letter of Authorization
To whom it may concern:
Property Address:_______________________________________________________________
Legal Description:_______________________________________________________________
I am the owner, as defined in the current "Building Bylaw", of the above referenced property
and hereby authorize:
Representative/Contact: _________________________________________________________
(PRINT)
Tel. No.: _______________ Cell No.: __________________ Fax No.:____________________
E-mail:_______________________________________________________________________
Please check where applicable.
To represent me in an application for:
-
Building Permit Application
(If Registered Professional is involved, also use Appendix E, Owner's Undertaking)
-
Demolition Permit Application
-
Subtrade Permit
To obtain copies of:
-
Building Permit Plans (Archive Copies)
Owner's Information:
Name:
(PRINT)
Address:
Tel. No.: _______________ Cell No.: __________________ Fax No.:
E-mail:
Date: _____________________ Signature: _____________________________________
This form may be faxed, mailed or delivered in person.
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Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019
Appendix E - Owner's Undertaking
Property Address:__________________________________________________________
Legal Description:__________________________________________________________
Building Permit #:__________________________________________________________
1.
This undertaking is given by the undersigned, as the owner of the property described above, with
the intention that it be binding on the owner and that the Municipality will rely on same.
2.
I confirm that I have applied for a building permit pursuant to "Bowen Island Municipality Building
Bylaw No. 489, 2019, (the "Bylaw") and that I have carefully reviewed and fully understand all of
the provisions of the Bylaw and in particular, understand, acknowledge and accept the provisions
describing the purpose of the Bylaw, the conditions under which permits are issued, the disclaimer
of warranty or representation and the limited extent of the scope of the Bylaw and inspections
thereunder.
3.
Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility to ensure
compliance with the Building Code and the Bylaw whether any work to be performed pursuant to
the permit applied for is done by me, a contractor or a registered professional.
4.
I am not in any way relying on the Municipality or its building officials, as defined under the Bylaw,
to protect the owner or any other persons as set out in Part 3 of the Bylaw and I will not make any
claim alleging any such responsibility or liability on the part of the Municipality or its building
officials.
5.
I hereby agree to indemnify and save harmless the Municipality and its employees from all claims,
liability, judgments, costs and expenses of every kind which may result from negligence or from the
failure to comply fully with all bylaws, statutes and regulations relating to any work or undertaking
in respect of which this application is made.
6.
I am authorized to give these representations, warranties, assurance and indemnities to the
Municipality.
Owner's Information:
Name: ____________________________________________________________________
Address: __________________________________________________________________
__________________________________________________________________________
Tel. No.: _______________ Cell No.: __________________ Fax No.: _________________
Email:_____________________________________________________________________
This undertaking is executed by the owner this _________ day of ____________, ______.
(Day)
(Month)
(Year)
58
Bowen Island Municipality Building Bylaw No. 489, 2019
1. Where owner is an individual:
Owner's Signature
Owner's Name
2. Where owner is a corporation:
Name of Corporation
Per:
Authorized Signatory
Name
3. Where owner is a partnership:
Name of Partnership
Per:
Authorized Signatory
____________________________________
Name
____________________________________
Signed, sealed and delivered in the presence of:
Witness's Signature
Witness's Name
(PRINT)
Witness's Address
59
Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019
Appendix F - Confirmation of Professional Liability Insurance
1.
This Confirmation letter must be submitted along with each BC Building Code Schedule A and
Schedule B before issuance of a building permit. A separate Confirmation Letter must be submitted
for each registered professional.
2.
This Confirmation Letter must be submitted with each BC Building Code Schedule C after
completion of the building but before a final inspection is made by the building official. A separate
Confirmation Letter must be submitted for each registered professional.
3.
Only an original Confirmation Letter, printed by the Municipality or an unaltered photocopy of this
document is to be completed and submitted.
Attention: Building Inspector
Property Address:______________________________________________________________
Legal Description:______________________________________________________________
The undersigned hereby gives assurance that:
a)
I have fulfilled my obligation for insurance coverage as outlined in the Bowen Island Municipality
Building Bylaw No. 489, 2019;
b)
I am insured by a policy of insurance covering liability to third parties for errors and omissions in
respect to the above project, in the amount of at least One Million Dollars ($1,000,000.00);
c)
I have enclosed a copy of my certificate of insurance coverage indicating the particulars of such
coverage;
d)
I am a registered professional; and
e)
I will notify the building official in writing immediately if the undersigned's insurance coverage is
reduced or terminated at any time during construction.__________________________________
__________________________________
Name (PRINT)
__________________________________
Signature
__________________________________
Address (PRINT)
Phone
__________________________________
Date
(Affix professional seal here)
(If the registered professional is a member of a firm, complete the following)
I am a member of this firm:
60
Bowen Island Municipality Building Bylaw No. 489, 2019
____________________________________
Name of Firm (PRINT)
____________________________________
Address (PRINT)
I sign this letter on behalf of myself and the firm.
Note: This Confirmation letter must be signed by a registered professional. The BC Building Code defines
a registered professional as a person who is registered or licensed to practice (a) as an architect under
the Architects Act, or (b) as a professional engineer under the Engineers and Geoscientists Act
61
Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality
BYLAW No. 489, 2019
Appendix G - Confirmation of Required Documentation
Building Permit Number: ______________________
Note:
1.
The Confirmation of Required Documentation and all required documentation must be submitted
to the Building Inspector 24 hours prior to the Pre-Occupancy Coordinated Review.
2.
The Confirmation of Required Documentation and all required documentation must be submitted
in a tabbed ringed binder, with tab sections as per this Appendix.
TAB 1
CONFIRMATION OF REQUIRED DOCUMENTATION
TAB 2
DIRECTORY OF PRINCIPALS (Role/Firm/Name/Telephone)
Owner
Co-ordinating Registered Professional
Registered Professionals
Warranty Provided
Licensed Builder
Sub-Contractors
TAB 3
LETTERS OF ASSURANCE (A, B, C-A, C-B)
Co-ordinating Registered Professional
Architectural
Structural
Mechanical
Plumbing
Electrical
Geotechnical Temporary
Geotechnical Permanent
Fire Suppression
______________________________ (other)
Provided
N\A
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Bowen Island Municipality Building Bylaw No. 489, 2019
TAB 4
PROFESSIONAL REVIEW LETTERS
Alternative Solution (Confirmation of Field Review - sealed)
Site Services - Civil Engineer
Building Envelope Specialist
Roofing Consultant
Generator Test Report / Certificate
(Other - specify) ______________________________
(Other - specify) ______________________________
TAB 5
FIRE ALARM
Fire Alarm Verification Certificate (include field work sheets)
Letter of Signed Contract from ULC Listed Monitoring Agency
TAB 6
SPRINKLER SYSTEMS
Material and Test Certificate - Above ground piping
Material and Test Certificate - Underground piping
Fire Pump Test Report
TAB 7
PROVINCIAL APPROVALS
Certificate to Operate Elevating Device (one per each device)
Health Approval (on-site sewage disposal)
Health Approval (food services)
TAB 8
MUNICIPAL APPROVALS
Sprinkler Permit - Pre-occupancy Co-ordinated Review
Fire Department Acceptance (Fire Safety Plan)
Final Inspection (Building Inspector- pre-occupancy review)
Developmental Engineering Final Inspection
Planning Technicians Final Inspection
TAB 9
DEFICIENCY LIST
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Bowen Island Municipality Building Bylaw No. 489, 2019
Submitted by Coordinating Registered Professional
__________________________________
Name (PRINT)
__________________________________
Signature
Date
__________________________________
Address (PRINT)
__________________________________
Phone
64
Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019
Appendix H - Stop Work Order
BOWEN ISLAND MUNICIPALITY
981 Artisan Lane, Bowen Island, B.C.
Building Department - Telephone (604) 947-4255/Fax (604) 947-0193
STOP WORK ORDER
PLEASE CONTACT BUILDING INSPECTOR
DATE
ADDRESS:
REASON:
_
Building Inspector
This card may be removed by the
Building Inspector Only.
65
Bowen Island Municipality Building Bylaw No. 489, 2019
Bowen Island Municipality Building Bylaw No. 489, 2019
Appendix I - No Not Occupy
THIS CARD MAY BE REMOVED BY THE BUILDING INSPECTOR ONLY.
Building Inspector
Date
Reason:
Address:
DO NOT OCCUPY
BOWEN ISLAND MUNICIPALITY
981 Artisan Lane,
Bowen Island, B.C. V0N 1G0