Building Bylaw No. 943, 2013 — full text, Burns Lake, British Columbia

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,1, I I ..\( -;1: < >F , BURNS I AKE ;:,·.,. ,,I V i l l a g eofB u r n sL a k e BUILDING BYLAW NO. 943, 2013 BUILDING INSPECTION CONTACT INFORMATION 37 - 3Ro AvenuePhone(250) 692-3195 P.O. Box 820Toll-Free(800) 320-3339 Burns Lake, BCFax(250) 692-1220 ioc vru 1EO--tY -/f>B/V0J 1E0Email:[email protected] ioc vru 1EO --tY -/f>B/ IkPhare.2:>0,vww.bun1s ae.ca Ik Phare. 2:>0 CONTENTS The contents of this bylaw are as follows: SectionPage Purpose of Bylaw1 Building Permit Conditions2 Application2 Definitions2 Scope and Exemptions4 Prohibitions and Requirements5 Powers of a Building Official6 Building Permits7 Applications for all Buildings and Structures9 Applications for Complex Buildings11 Applications for Standard Buildings13 Professional Plan Certification16 Demolition of Buildings or Structures16 Responsibilities of the Owner16 Notice of Inspection18 Professional Design and Field Review19 17. Occupancy Permits.................. .............·20 Climatic Data20 Stop Work Orders and Do Not Occupy Notices20 Penalty21 Repeal21 Severability21 Title21 Schedules21 Schedule A: Building Permit Fees23 Schedule B: Climatic Data24 Schedule C: Owner's Undertaking of Building Foundation25 Schedule D: Owner's Undertaking of Building SitinQ26 VILLAGE OF BURNS LAKE BUILDING BYLAW NO. 943, 2013 A bylaw to provide for the regulation of building and the requirement for a building permit as a condition precedent to building within the building regulation service area. WHEREAS the Local Government Act authorizes the Village of Burns Lake, for health, safety and protection of persons and property to regulate the construction, alteration, repair or demolition of buildings and structures by bylaw; AND WHEREAS the Province of British Columbia has adopted a building code to govern standards in respect of the construction, alteration, repair and demolition of buildings in municipalities and Village of Burns Lakes of the Province; AND WHEREAS it is deemed necessary to provide for the administration of the building code; NOW THEREFORE THE COUNCIL OF THE VILLAGE OF BURNS LAKE, in open meeting assembled, enacts as follows: Purpose of Bylaw This bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with this section. This bylaw has been enacted for the purpose of regulating construction within the Village of Burns Lake in the general public interest. The activities undertaken by or on behalf of the Village of Burns Lake pursuant to this bylaw are for the sole purpose of providing a limited and interim spot-checking function for reasons of health, safety and the protection of persons and property and to make the public aware that it is in their interest to comply with the Building Code and this bylaw. It is not contemplated nor intended, nor does the purpose of this bylaw extend: to the protection or indemnification of owners, owner/builders, contractors or other persons from economic loss; to the assumption by the Village of Burns Lake of any responsibility for ensuring the compliance by any owner, an owner's representative, or any employees, contractors, or design professionals retained by the owner, with the Building Code, the requirements of this bylaw, or any other applicable, bylaws, codes, standards and enactments; to providing any person a warranty of design or workmanship with respect to any building or structure for which a building permit is issued under this bylaw; and to providing a warranty or assurance that construction undertaken pursuant to building permits issued by the Village of Burns Lake is free from latent, or any defects. Building Permit Conditions A building permit is required whenever work regulated by this bylaw is to be undertaken. Neither the issuance of a building permit under this bylaw nor the acceptance and/or review of plans, drawings or specifications and/or supporting documents, nor any inspections made by or on behalf of the Village of Burns Lake shall in any way relieve the owner from full and sole responsibility to perform the work in strict accordance with this bylaw, the Building Code, and all other applicable bylaws, codes, standards, and enactments. It shall be the full and sole responsibility of the owner to carry out the work in respect of which the building permit was issued in compliance with the Building Code and this bylaw and all other applicable bylaws, codes, standards, and enactments. Neither the issuance of a building permit under this bylaw nor the acceptance and/or review of plans, drawings or specifications and/or supporting docum ents, nor any inspections made by or on behalf of the Village of Burns Lake constitute in any way a representation, warranty, assurance, or statement that the Building Code, this bylaw, or any other applicable bylaws, codes, standards, or enactments have been complied with. No person shall rely upon any building permit as establishing compliance with the bylaw or assume or conclude that the bylaw has been administered or enforced according to its terms. The person to whom the building permit is issued and his or her agents are responsible for making such determinations. Application This bylaw applies and is enforceable within the Village of Burns Lake municipal boundary. Definitions In this bylaw: The following words and terms have the meanings set out in Section 1.4.1.2 of the British Columbia Building Code 2012: assembly occupancy, building, building area, building height, business and personal services occupancy, care or detention occupancy, constructor, coordinating registered professional, designer, field review, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy owner, major occupancy, mercantile occupancy, medium hazard industrial occupancy, occupancy, registered professional, and residential occupancy. Accepted means in the context of descriptions, plans or specifications, that the descriptions, plans or specifications have been accepted by the building official as a condition and part of the building permit with which compliance is required under this bylaw. Agent means a person acting for or on behalf of the owner of land. Authority Having Jurisdiction means the Regional District and the Village of Burns Lake. Building Code means the Provincial Building Code for British Columbia, known as the British Columbia Building Code, made under the Local Government Act and at the time this Bylaw is applied. Building Official means the Chief Building Inspector, Building Inspectors and Plan Checkers appointed from time to time by the Board. Building Permit means a permit issued by a Building Official under this bylaw authorizing construction. Complex Building means: all buildings used for major occupancies classified as: assembly occupancies, care or detention occupancies, high hazard industrial occupancies, and all buildings exceeding 600 square meters in building area or exceeding three storeys in building height used for major occupancies classified as: residential occupancies, business and personal services occupancies , mercantile occupancies, and medium and low hazard industrial occupancies. Construction means any erection, repair, alteration, enlargement, addition, installation, demolition and removal. Council means the Council for the Corporation of the Village of Burns Lake. Farm Building means a building or part thereof which does not contain a residential occupancy and which is associated with and located on land devoted to the practice of farming, and used essentially for the housing of equipment or livestock, or the production, storage, or processing of agricultural and horticultural produce or feed. Health and safety aspects of the work means design and construction regulated by Part 1, Part 2, Part 3, Part 4, Part 6, Part 7 and sections 9.4, 9.7, 9.8, 9.9, 9.10, 9.13, 9.14, 9.15, 9.17, 9.18, 9.19, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.33 9.34, 9.35 and 9.36 of Part 9 and Part 10 of the Building Code. Manufactured Home means a building manufactured as a dwelling unit, office or storage building and intended to be occupied in a place other than that of its manufacture. This includes factory built housing complying with Canadian Standards Association Standard A277-M1990, "Procedures for Certification of Factory Built Houses," and CAN/CSA-2240 MH Series," Mobile Homes". Person in addition to its ordinary meaning means, a partnership, association , company, society and corporation. Regional District means the Regional District of Bulkley Nechako. Site means the location of any work carried out under a building permit. Standard building means a building of three storeys or less in building height, having a building area not exceeding 600 square meters and used for major occupancies classified as: residential occupancies, business and personal services occupancies, mercantile occupancies, or medium and low hazard industrial occupancies. Structure means a construction or portion thereof of any kind, whether fixed to, supported by or sunk into the land or water, specifically including retaining structures of any size directly connected to a building or other structure but specifically excluding all other retaining structures, landscaping , fences and paving. Temporary means a building or structure intended to be erected or placed on a parcel of land for 12 months or less. Village means the Corporation of the Village of Burns Lake. Work means the same as construction. Scope and Exemptions This bylaw applies to the design, construction and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation and occupancy of existing buildings and structures. This bylaw does not apply to buildings or structures exempted by Part 1 of the Building Code except as expressly provided herein, nor to retaining structures other than those which are directly connected to a building or other structure. . This bylaw does not apply to the maintenance or repair of a building that does not fall within the scope of section 1.1.1.1 of the Building Code. This bylaw does not apply to a farm building located on property, which is classified as a farm by the B.C. Assessment Authority at the time of construction. This bylaw does not apply to a building that is used only for storage which has a ground floor area that is 10 square meters (108 sq. ft.) or less, and is not connected or attached to a building or structure to which this bylaw applies. This bylaw does not apply to the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures or hot water tanks. This bylaw does not apply to a deck or patio provided no part of the surface of the deck or patio is more than 600 millimetres (2 ft.) from finished grade, when measured vertically. This bylaw does not apply to a reusable metal container that was designed for the commercial transportation of freight or other goods by being mounted on rail cars or a truck, where the container or containers: are not stacked one on another; is not structurally modified; is not connected or attached to any building or structure to which this bylaw applies; does not exceed a floor area of 45 square meters (484 sq. ft.); and is not used for residential occupancy. Prohibitions and Requirements No person shall commence or continue any work related to the construction, erection, replacement, reconstruction, alteration, repair, moving or demolition, of a building or change the occupancy of any building or structure unless a valid and subsisting building permit has been issued by a building official for the work. No person shall conceal any aspect of the work referred to in section 15.4.2, or any other work for which an inspection under this bylaw is required, until a building official has accepted that work. No person shall do any work that is substantially at variance with the accepted description, plans and specifications for a building or structure for which a building permit has been issued, unless the variance has been accepted in writing by a building official. No person shall occupy or use any building, structure or part thereof without an occupancy permit issued by a building official. No person shall occupy or use a building, structure or part thereof contrary to the terms of any building permit, notice, order or certificate issued under this bylaw. No person shall, unless authorized by a building official, reverse, alter, deface, cover, remove, or in any way tamper with any building permit, notice, order or certificate posted upon or affixed to any building or structure pursuant to this bylaw. No person shall interfere with or obstruct the entry on property of a building official acting in the administration and enforcement of this bylaw. No person shall build, install, or place any manufactured home or any factory built modular building upon any land without holding a valid and subsisting building permit for the work. No person shall install or alter a stove or heater that uses solid fuel, including pellet stoves, nor shall they install or alter a chimney, without a valid and subsisting building permit for the work. No person shall knowingly submit any false or misleading information to a building official in relation to an application for a building permit or any other aspect of a regulated construction project. No person shall change the class of occupancy of a building without obtaining a building permit. Powers of a Building Official A Building Official: 7 . 1 . 1 .may administer this bylaw; may establish whether any method of construction or type of construction material used in the construction of any building or structure substantially conforms with the requirements of the Building Code and may revoke or refuse to issue a building permit where he or she identifies non-compliance with such requirements of the Building Code; may enter any land, building, or structure, or premises at any reasonable time to ascertain whether the terms of this bylaw are being observed and shall carry identification on entry; shall, prior to entry into an occupied residence, give twenty-four (24) hours written notice of entry to the occupant in advance of entry, unless the occupant has waived the notice requirement. may order the correction of any work which is being or has been done in contravention of this bylaw; may order the immediate cessation of work that is proceeding in contravention of the Building Code or this bylaw by posting a Stop Work notice at the site of construction; may post a Do Not Occupy notice on a building where a person occupies that building in contravention of section 6.3 of this bylaw; ; may determine the estimated value of proposed work for the purpose of calculating building permit fees, based upon the Village of Burns Lake "Formula for Estimated Value of Construction Policy", as amended from time to time; may allow a conditional occupancy of a building, structure or part thereof for the accepted use prior to completion of the construction where work under the building permit is substantially complete, provided that all health and safety requirements under the Building Code have been completed; may provide forms for applications, building permits and other written documents required under this bylaw; may keep records of building permit applications, building permits, notices and orders issued, inspections and tests made, and shall retain copies of all documents related to the administration of the bylaw or microfilm or electronic copies of such documents; and may require an owner to perform, at the owner's expense, tests or inspections required to establish substantial compliance with this Bylaw and Building Code. The Chief Administrative Officer and the Bylaw Enforcement Officer of the Village of Burns Lake may exercise the powers of entry and inspection under section 7.1.3. Building Permits A Building Official shall issue a building permit where: a completed and accurate application for a building permit has been submitted with all required supporting documentation; the proposed work set out in the application substantially conforms with the Building Code, this bylaw, the Village of Burns Lake Zoning Bylaw, and all other applicable bylaws, codes, standards and enactm ents respecting health and safety; the applicant for a building permit has paid the building permit fee as prescribed in Schedule "A" to this bylaw; there is no provincial legislation, regulation of the Village of Burns Lake, or ena ctment, covenant, or agreement in favour of the Village of Burns Lake, which authorizes or requires the building permit to be withheld; and connection fees for off-site utilities to service the subject propert y, that are payable to the Village of Burns Lake, have been paid. A building official may issue a building permit for a portion of a building or structure before the design, plans and specifications for the entire building or structure have been accepted, provided sufficient information has been provided to the Village of Burns Lake to demonst rate to the building official that the portion authorized to be constructed substantially complies with this and other applicable bylaws and the building permit fee applicable to that portion of the building or structure has been paid. The issuance of the building permit notwithstanding, the requirements of this bylaw apply to the remainder of the building or structure as if the building permit for the portion of the building or structure had not been issued. No building permit shall be issued for the construction of an accessory building or structure on any site, unless the principal building to which the accessory building or structure is accessory to, has been constructed, or will be constructed simultaneously with said accessory building or structure, unless permitted by the Village of Burns Lake's Zoning Bylaw. Every building permit is issued upon the condition that: the building permit expires and the rights of the owner under the building permit terminate if: the work authorized by the building permit is not commenced within 6 months from the date of issuance of the building permit; or work is discontinued for a period of 1 year; or work is not completed within 2 years of building permit issuance. A building official may extend the period of time set out under sections 8.4.1.1, 8.4.1.2 and 8.4.1.3, upon request from the property owner, where construction has not commenced, or has been discontinued, due to hardships beyond the owner's control. The period of time set out under sections 8.4.1.1 may not be extended beyond a period of 6 years from the date of issuance of the building permit. The building official may, in writing delivered by registered mail or delivered in person, revoke a building permit where: there is a violation of any condition under which the building permit was issued; or there is a violation of any provision of the Building Code; or the building permit was issued on the basis of incorrect information in the application. Where a building permit expires, or is revoked by a building official the rights of the owner under the building permit terminate, and any fees paid shall be forfeited to the Village of Burns Lake and an additional fee shall be required for the new building permit. When a building permit expires or is revoked, no further work shall take place without a new building permit being issued, the submission of the appropriate application, and the payment of the required application fees. Where a building permit is obtained and an owner returns the building permit for cancellation within six months without having commenced construction, the building official shall refund 75% of the building permit fee. The building official may issue a building permit for the erection or replacement of a temporary building or structure upon substantial compliance with all applicable health and safety requirements and the other bylaws of the Village of Burns Lake. Applications for all Buildings and Structures Every person must apply for and obtain: a building permit before constructing a building or structure, changing the class of occupancy of any building or structure, or constructing, locating, or placing any manufactured home or any factory built modular building upon any land; a fireplace or chimney building permit before installing or altering a stove or heater that uses solid fuel, including pellet stoves, or installing or altering a chimney, unless the works are covered by a valid building permit; 9.1.3 . a demolition building permit before demolishing a building or structure; 9.1.4. a moving building permit before moving a building or structure, as well as a building permit for the placement of the building or structure; Applications for all building permits must: be made in the form provided by the building official; be signed by the owner or signing officer if the owner is a corporation; include the owner's signed agreement to the following: In consideration of the granting of this building permit, I/we agree to release and indemnify the Village of Burns Lake , its Board members, employees and agents from and against all liability, demands, claims, causes or actions, suits, judgments, losses, damages, costs, and expenses of whatever kind which I/we or any other person, partnership, or corporation or our respective heirs , successors, administrators or assignees may have or incur in consequence of or incidental to the granting of this building permit or any representation , advice, inspection, failure to inspect, certification, approval, enforcement or failure to enforce the Village of Burns Lake Building Bylaw or the British Columbia Building Code, including negligence, on the part of the Village of Burns Lake, its Board members, employees and agents and I/we agree that the Village of Burns Lake owes me/us no duty of care in respect to these matters. I acknowledge that if I am granted a building permit pursuant to this application I am responsible for compliance with the current edition of the British Columbia Building Code, the Building Bylaw of the Village of Burns Lake, and any other applicable enactment, code, regulation, or standard relating to the work in respect of which the building 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. I acknowledge that the issuance of a building permit under this bylaw, the acceptance or review of plans, specifications, drawings or supporting documents, or inspections made by or on behalf of the Village of Burns Lake do not constitute a representation, warranty, assurance or statement that the current edition of the British Columbia Building Code, the Building Bylaw of the Village of Burns Lake or any other applicable enactment, code, regulation or standard has been complied with. Where the Village of Burns Lake requires that letters of assurance be provided by a registered professional, I confirm that I will rely only on the said registered professional for the adequacy of the plans, drawings, specifications and supporting documents submitted with this application. 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 Village of Burns Lake pursuant to this application and in respect of the execution of this acknowledgment. I have read the above agreement, release and indemnify and understand it. state the intended use or uses of any proposed building or structure; When required by the building official, be accompanied by: two copies of the specifications and scale drawings of any building or structure with respect to which the work is to be carried out, showing the dimensions of the building or structure; 9 . 3.1.2 . the proposed use of each room or floor area; and 9.3.1.3. the dimensions of the land on which the building or structure is, or is to be situated, the zoning classification, and the legal description of the building site, in sufficient detail to show that the proposed work will substantially conform to the Building Code. any and all information considered necessary by the building official to establish substantial compliance with this bylaw; a plan that shows the location and size of every building drain and every trap or inspection piece that is on a building drain; a sectional drawing which shows the size of every building drain and of every trap and vent pipe, in the form and quantities required by the building official with design and calculation criteria and bearing the name and address of the designer; the grades and elevations of the street and services abutting the land; the position, height, and horizontal dimensions of all buildings on the land; a current survey of the building site by a registered British Columbia Land Surveyor; a certificate of title for the property on which the building will be constructed; indicate the location of the well or other source of water supply on the site plan; evidence that the sanitary drainage system will be connected to a public sanitary sewer, a public combined sewer or a private sewage disposal system in accordance with the BC Sewerage System Regulation or BC Waste Management Act; and be accompanied by a building permit for road or highway access from the Ministry of Transportation and Infrastructure. Notwithstanding any other provision of this bylaw, whenever in the opinion of the building official the proposed method of construction requires specialized technical knowledge or is not referenced in the Building Code, it may be required as a condition of the issuance of any building permit that all drawings , specifications and site plans or any part thereof be prepared, signed and sealed by, and construction carried out under the supervision of a registered professional . Applications for Complex Buildings An application for a building building permit with respect to a complex building shall: be signed by the owner, or a signing officer if the owner is a corporation, and the coordinating registered professional; be accompanied by the owner's acknowledgment of responsibility and undertaking of building foundation made in the form attached as Scheduel "C" to this bylaw, signed by the owner, or a signing officer if the owner is a corporation; include a copy of a title search made within 30 days of the date of the appli cation ; include a site plan prepared by a British Columbia Land Surveyor showing: the bearing and dimensions of the parcel taken from the registered subdivision plan; the legal description and civic address of the parcel; the location and dimensions of all statutory right of ways, easements and setback requirements; the location and dimensions of all existing and proposed buildings or structures on the parcel; setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Village of Burns Lake's land use regulations establish siting requirements related to flooding; the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a building or structure where the Village of Burns Lake's land use regulations establish siting requirements related to minimum floor elevation; and · the location, dimension and gradient of parking and driveway access. The building official may waive the requirements of section 10.1.4, in whole or in part, where the building permit is sought for the repair or alteration of an existing building or structure. Include sufficient information on building plans, to determine substantial compliance with this bylaw, such as: floor plans showing the dimensions and uses of all areas; 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; a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; 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; and mechanical information. include copies of approvals or filings required under any enactment relating to health or safety, including, without limitation, sewage disposal filings and highway access permits; include a letter of assurance in the form of Schedule "A" as referred to in Division C- Part 2 of the Building Code, signed by the owner, or a signing officer of the owner if the owner is a corporation, and the coordinating registered professional; include letters of assurance in the form of Schedule B as referred to in Division C- Part 2 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 or structure; and include two sets of drawings at a suitable scale of the design prepared by each registered professional. In addition to the requirements of section 10.1, the following may be required by a building official to be submitted with a building permit application for the construction of a complex building where the complexity of the proposed building or structure or siting circumstances warrant: 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 Village of Burns Lake's subdivision servicing bylaw; a section through the site showing grades, buildings, structures, parking areas and driveways; and any other information required by the building official or the Building Code to establish substantial compliance with this bylaw, the Building Code and other applicable codes, standards or enactments relating to the building or structure. Applications for Standard Buildings An application for a building permit with respect to a standard building shall: be made in the form provided by the building official, signed by the owner, or a signing officer if the owner is a corporation; be accompanied by the owner's acknowledgmentof responsibility and undertaking of building foundation made in the form attached as Schedule "C" to this bylaw, signed by the owner, or a signing officer if the owner is a corporation; include a copy of a title search made within 30 days of the date of application or a copy of the current tax assessment notice; .include a site plan prepared by a British Columbia Land Surveyor showing: the ·bearing and dimensions of the parcel taken from the registered subdivision plan; the legal description and civic address of the parcel; the location and dimensions of all statutory right of ways, easements and zoning setback requirements; the location and dimensions of all existing and proposed buildings or structures on the parcel; setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Village of Burns Lake's land use regulations establish siting requirements related to flooding; the existing and finished ground levels to an established vertical datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a building or structure where the Village of Burns Lake's land use regulations establish siting requirements related to minimum floor elevation; and the location, dimension and gradient of parking and driveway access. include floor plans showing the dimensions and uses of all areas; 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 ; ar:-id stair dimensions; include a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; include elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; 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; include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and Ministry of Health approval; include a foundation design prepared by a registered professional in accordance with section 4.2 of Part 4 of the Building Code, accompani ed by letter s of assurance in the form of Schedule B as referred to in Division C- Part 2 of the Building Code, signed by the registered professional; include two sets of drawings at a suitable scale of the design including the information set out in sections 11.1.7 through to 11.1.12 of this bylaw; In addition to the requirements of section 11.1, the following may be required by a building official to be submitted with a building permit application for the construction of a standard building where the project involves two or more buildings, which in the aggregate total more than 1000 square meters, or two or more buildings that will contain four or more dwelling units, or otherwise where the complexity of the proposed building or structure or siting circumstances warrant: 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 Village of Burns Lake's subdivision servicing bylaw; a section through the site showing grades, buildings, structures, parking areas and driveways; a roof plan and roof height calculations; structural, electrical, mechanical or fire suppression drawings prepared and sealed by a registered professional; letters of assurance in the form of Schedule B as referred to in Division C Part 2 of the Building Code, signed by the registered professional; or 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 . The building official may waive the requirements of section 11.1.4, in whole or in part, where the building permit is sought for the repair or alteration of an existing building or structure where that alteration does not involve altering the footprint of the building. The building official may waive the requirements of section 11.1.4, in whole or in part, where the owner signs Schedule "D" of this bylaw acknowledging responsibility for siting the building on the property. The requirements of section 11.1.10 may be waived by a building official in circumstances where the building official has required a professional engineer's report pursuant to section 56 (2) of the Community Charter and the building permit is issued in accordance with sections 56 (4) and (5) of the Community Charter. The requirements of section 11.1.10 may be waived by a building official if documentation, prepared and sealed by a registered professional, is provided assuring that the foundation design substantially complies with section 9.4.4 of Part 9 the Building Code and the foundation excavation substantially complies with section 9.12 of Part 9 of the Building Code. The requirements of section 11.1.10 may be waived by a building official for the construction of a standard building where the owner, or signing officer of the owner as a corporation signs Schedule "C" to this bylaw acknow ledging his or her responsibility for the design and construction of the foundation and supporting soils. Professional Plan Certification The letters of assurance in the form of Schedule B referred in Division C- Part 2 of the Building Code and provided pursuant to sections 10.1.9, 11.1.12, 11.2.5, and 16.1 of this bylaw are relied upon by the Village of Burns Lake and its building officials as certification that the design and plans to which the letters of assurance relate, comply with the Building Code and other applicable enactments relating to safety. A building permit issued for the construction of a complex building, or for a standard building for which a building official requires professional design pursuant to section 11.2.4. and letters of assurance pursuant to section 11.2.5. of this bylaw shall be in the form provided by the building official. A building permit issued pursuant to section 12.2. of this bylaw shall include a notice to the owner that the building permit is issued in reliance upon the certification of the registered professionals that the design and plans submitted in support of the application for the building permit comply with the Building Code and other applicable enactments relating to safety. Pursuant to section 290 of the Local Government Act, when a building permit is issued in accordance with section 12.2. of this bylaw the building permit fee shall be reduced by 5% of the fees payable pursuant to Schedule "A" to this Bylaw, up to a maximum of $500.00 (five hundred dollars). Demolition of Buildings or Structures Applicants for a building permit to allow demolition are required to do the following: arrange for the Village of Burns Lake to disconnect and cap water and sewer service lines to the property prior to demolition, where the property is serviced by a system operated by the Village of Burns Lake; arrange disconnection of all power, cable television, internet, telephone and gas lines, prior to demolition; obtain from the Provincial government any approvals required for street closures, and notify all regulating bodies, prior to demolition; protect, as per Building Code Requirements (Part 8 "Safety Measures and Construction at Demolition Sites") all public sidewalks, thoroughfares and streets, prior to demolition; remove all demolition materials and foundations from the site, fill and level all excavations, and leave the site in a tidy manner; and all above items are to be fully completed with within ninety (90) days of the date of issuance of the demolition building permit. Responsibiltiies of the Owner Every owner shall ensure that all construction complies with the Building Code, this bylaw and other applicable enactments respecting safety. Every owner of property for which a building permit is issued shall be responsible for the cost of repair of any damage to public works that occur as a result of the work covered by the building permit. When required, the building official may require security for the repair or replacement of highways, sidewalks, boulevards, public works or other Village of Burns Lake property altered or damaged by activities related to the building permit. In the event that damage which is the owner's responsibility is not resolved by the owner prior to the issuance of an occupancy permit, or within such other time set by the building official, or the damage requires the involvement of Village of Burns Lake work crews to resolve, the costs so incurred by the Village of Burns Lake shall be paid by the owner. Any costs not previously paid by December 31 of the calendar year may be added to the following year's property taxes. Every owner who is issued a building permit shall: post the building permit in a conspicuous place on the property in respect of which the building permit is issued; and post a copy of the accepted drawings and specifications on the property in respect of which the building permit was issued. Every owner shall, where applicable, obtain from the Village of Burns Lake the necessary approvals pertaining to moving, alteration, reconstruction, replacement, demolition, excavation, construction and repair of buildings or structures, zoning, changes in classification of occupancy, sewers, water, plumbing, signs, canopies, awnings, marquees, blasting, street occupancy , electricity, buildings or structures to be removed and all other approvals required in connection with the proposed work prior to the commencement of such work. Every owner shall: in all cases where it is proposed to conduct the waste from plumbing fixtures to a public sewer, make certain such public sewer is at a sufficient depth and of sufficient capacity to receive such discharge , and also to arrange the plumbing to suit the location of the connection provided for the lot; where it is deemed necessary to connect the building or storm sewer with any building or storm sewer extension, furnish such information as a building official may require to show that the proposed sewers will be laid at such a depth, and in such a position as to connect the property with the building or storm extension; and ensure that all water supply and drainage piping is tested in accordance with the B.C. Building Code. When requested by the building official the owner shall perform, or have performed, at his or her expense, tests or inspections required to prove substantial compliance with the requirements of this bylaw and the B.C. Building Code and shall promptly file a copy of the test or inspection reports with the building official. When required by the building official, the owner shall uncover and replace, at his or her expense, any work that has been covered contrary to a notice or order, or prior to the completion of an inspection required under this bylaw. The owner shall be responsible for ensuring that the siting of all buildings and structures meets the requirements of all bylaws and regulations. The owner shall ensure that all work is confined within the boundaries of the property on which the work is, or is to be located and does not affect adjacent properties. Notice of Inspection When a registered professional provides letters of assurance in accordance with sections 10.1.9, 11.1.12, 11.2.5 and 16.1 or 16.2 of this bylaw, the Village of Burns Lake will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to section 16.2 of this bylaw as assurance that the construction substantially conforms to the design and that the construction substantially complies with the Building Code, this bylaw and other applicable enactments respecting safety. Notwithstanding section 15.1 of this bylaw, 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. A building official may attend periodically at the site of the construction of standard buildings or structures to ascertain whether the health and safety aspects of the work are being carried out in substantial conformance with those portions of the Building Code, this bylaw and any other applicable enactment concerning safety. Every owner or owner's agent who holds a building permit, shall: give at least one week's notice to the building official of an intention to start work on the building site; give a least seventy-two (72) hours notice to the building official to obtain an inspection and acceptance of the work as substantially conforming with the Building Code at each of the following stages: after excavation and the forms for footings and foundations are complete, including the placement of required reinforcing, but prior to placement of any concrete therein;· after removal of formwork from a concrete foundation and installation of perimeter drain tiles and damp-proofing but prior to backfilling against the foundation; for preserved wood foundations, when all framing and sheathing of the foundation is complete, including the construction of floors and completion of drainage systems and damp-proofing, but prior to backfilling; when framing and sheathing of the building or structure are complete, including fire stopping, bracing, chimney, duct work, plumbing, gas venting and wiring, but before any insulation, lath or other interior or exterior finish is applied which would conceal such work;· . when the chimney is complete but before the fireplace facing is applied; when the insulation and vapor barrier are completed; and after the building, structure or part thereof is substantially complete and ready for occupancy, but before occupancy takes place of the whole or a portion of the building, structure or part thereof. Where an architect or a professional engineer, or both, lawfully authorized to practice in the Province of British Columbia, is engaged by the owner for the design and inspection of the construction of a building or a structure, certificates of compliance with the accepted plans signed and sealed by the architect or engineer, or both as the case may be, may be accepted by the building official in lieu of inspections required by this bylaw. The building official's acceptance of architect or engineer certification under section 15.5 of this bylaw shall be communicated to the owner in writing. Professional Design and Field Review When a building official considers that the site conditions, size or complexity of a development or an aspect of a development or an aspect of a development warrant, he or she may require a registered professional to provide design and plan certification and field review by means of letters of assurance in the form of Schedule B and C-B referred to in Division C- Part 2 of the Building Code. Prior to issuance of an occupancy permit for a complex building or standard building in circumstances where letters of assurance have been required in accordance with sections 10.1.9, 11.1.12, 11.2.5 or 16.1 of this bylaw, the owner shall provide the Village of Burns Lake with letters of assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in Division C- Part 2 of the Building Code. When a registered professional provides letters of assurance in accordance with sections 10.1.9, 11.1.12, 11.2.5, 16.1 or 16.2 of this bylaw, he or she shall also provide proof of liability insurance to the building official. Occupancy Permits No person shall occupy a building or structure or part of a building or structure until an occupancy permit has been issued. An occupancy permit shall not be issued unless: all letters of assurance have been submitted when required in accordance with sections 10.1.8, 10.1.9 and 11.2.5 of this bylaw; all aspects of the work requiring inspection and acceptance pursuant to section 15.4.2 of this bylaw have both been inspected and accepted or the inspections and acceptance are not required in accordance with section 15.5 of this bylaw; and all site work is completed including, without limitation, paving, curbing and landscaping or otherwise satisfy the building official that the work in question will be completed by a specified date in accordance with Village of Burns Lake bylaws. A building official may issue an occupancy permit for part of a building or structure when the part of the building or structure is self-contained, provided with essential services and the requirements set out in section 8.2 of this bylaw have been met with respect to it. Climatic Data Ground snow load values for building design under this bylaw are as prescribed in Schedule "B" of this bylaw. Climatic data, other than ground snow loads, for building design under this bylaw shall be as prescribed in the Building Code. Stop Work Orders and Do Not Occupy Notices When a Stop Work Order has been posted, no construction shall take place until the Stop Work Notice has been rescinded in writing by the Building official. The building official shall not remove a Stop Work Order until supplied with satisfactory evidence that the violation giving rise to the order has been corrected. When a Do Not Occupy Notice has been posted all persons shall cease occupancy of the building immediately and shall refrain from further occupancy until the Do Not Occupy Notice has been rescinded by the building official. The building official shall not remove the Do Not Occupy Notice until all applicable provisions of the Building Code and this bylaw have been substantially complied with. Penalty A person who violates any provIsIon of this bylaw commits an offence and is punishable in accordance with the Offence Act. Every person who fails to comply with any order or notice issued by a building official, or who allows a violation of this bylaw to continue, contravenes this bylaw. Every person who commences work requiring a building permit without first obtaining a building permit shall, if a Stop Work Notice is issued, pay an additional charge equal to 25% of the building permit fee prior to obtaining the required building permit. 20.4 . Every person who commences work requiring a building permit without first obtaining a building permit shall, if a Stop Work Notice is- issued and remains outstanding for 30 days because a complete building permit application has not been submitted pay an additional charge equal to 50% of the building permit fee prior to obtaining the required building permit. Repeal "Village of Burns Lake Building Bylaw No. 836, 2004" and amendments thereto are hereby repealed. Severability The provisions of this bylaw are severable and the invalidity of any part of this bylaw shall not affect the validity of the remainder of this bylaw. Title 23.1This bylaw may be cited for all purposes as the "Village of Burns Lake Building Bylaw No. 943, 2013." Schedules Schedules A through D attached to this bylaw form part of this bylaw. READ A FIRST TIME this20th day of READ A SECOND TIME this day of READ A THIRD TIME this20th day of August, 2013 August, 2013 August, 2013 ADOPTED this Day of September , 2013 MAYOR I hereby certify that the foregoing is a true and correct copy of "Village of Burns Lake Building Amendment Bylaw No. 943, 2013". CORPORATE OFFICER SCHEDULE "A" BUILDING PERMIT FEES The fees to be paid by applicants to the Village of Burns Lake for a building permit under this bylaw, shall conform to the most current version of the Corporation of the Village of Burns Lake Fees and Charges Bylaw SCHEDULE "B" CLIMATIC DATA The following snow/rain values are to be used when calculating roof design live loads (applicable for elevations less than 800 m above sea level): GROUND SNOWASSOC. RAIN LOCATIONLOAD (kPa)LOAD (kPa) Smithers Area 3.4 0.2 Houston Area 3.4 0.2 Granisle Area 3.8 0.2 Burns Lake Area 3.4 0.2 Fraser Lake Area 3.4 0.2 Vanderhoof Area 3.4 0.2 Fort St. James Area 3.4 0.2 OWNER'S UNDERTAKING OF B' UILDING FOUNDATION Property Owner: _ Describe Project: Street Address of Property: _ Legal Description of Property: Pursuant to Section 11.1 of the Village of Burns Lake Building Bylaw No. 943, I _ being the registered owner of the above referenced property do hereby acknowledge and accept responsibility for the design and construction of the foundation for the above referenced project. Furthermore, I recognize that within the boundaries of the Village of Burns Lake there are areas of "problem soils" and that these are widely distributed as to location. I affirm that it is my responsibility as owner to identify soil conditions on which the intended construction is to be placed and take all action required to ensure the adequacy of the foundation. Owner's Information:Agenttor Owner Information Name (print)Name & Title (print) SignatureSignature Mailing Address (print)Mailing Address (print) Mailing AddressMailinp Address DateDate Building Permit# (office use only): _ OWNER'S UNDERTAKING OF BUILDING SITING Property Owner: Describe Project: Street Address of Property: _ Legal Description of Property: Pursuant to Section 11.1 of the Village of Burns Lake Building Bylaw No. 943, I _ being the registered owner of the above referenced property do hereby acknowledge and accept responsibility for the siting of the building or structure for the above referenced project on the property. Owner's Information:Agent for Owner Information Name (print)Name & Title (print) SignatureSignature Mailing Address (print)Mailing Address (print) Mailing AddressMailing Address DateDate Building Permit# (office use only): _