Building Bylaw [PDF/758KB]

Campbell River, British Columbia

This is the exact embedded text of the captured official document. Snapshot 97148c6f3139 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 1 of 46 BUILDING BYLAW NO. 3899, 2023 Consolidated Version Page 2 of 46 DISCLAIMER Hyperlinks, internet addresses, QR codes and any material associated with, or accessed through such links, do not form part of the bylaw and are provided as supplementary material for convenience only. In the event of any query, dispute or legal challenge, a plain text-only version of the bylaw is available and maintained as being the authoritative copy. Unless an image, photograph or diagram is explicitly referred to in the text of the bylaw as being part of the bylaw, any images, photographs and diagrams do not form part of this bylaw and are provided as supplementary material for convenience only. Cover photo by Toni Falk The "QR code" to the left provides quick access to the Campbell River website http://www.campbellriver.ca using a mobile QR code reader app. Page 3 of 46 This bylaw is a 'consolidated' version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained from the Corporate Officer of the City of Campbell River. Plans, pictures, other graphics or text in the legal version may be missing or altered in the electronic version. P U R P O S E This bylaw sets out to define procedures for the administration of the Building Code and Regulation of Construction within the City of Campbell River. Building Bylaw No. 3899, 2023 Revised September 5, 2024 Consolidated for Convenience Purposes to include Bylaw 3971, 2024. Page 4 of 46 C O N T E N T S Part 1: TITLE ........................................................................................................................................................... 6 Citation ........................................................................................................................................................ 6 Part 2: INTERPRETATION ........................................................................................................................................ 6 Definitions ................................................................................................................................................... 6 Part 3: PURPOSE OF THIS BYLAW ........................................................................................................................ 10 Part 4: SCOPE AND EXEMPTIONS ........................................................................................................................ 10 Application ................................................................................................................................................ 10 Application to Existing Buildngs ................................................................................................................... 11 Part 5: PROHIBITIONS ......................................................................................................................................... 11 Part 6: PERMIT CONDITIONS ............................................................................................................................... 12 Part 7: POWERS OF A BUILDING OFFICIAL ........................................................................................................... 13 Refusal & Revocation of Permits .................................................................................................................. 13 Right of Entry ............................................................................................................................................. 14 Powers ...................................................................................................................................................... 14 Part 8: OWNERS RESPONSIBILITY & OBLIGATIONS .............................................................................................. 15 Permit Requirements .................................................................................................................................. 15 Owner's Obligations ................................................................................................................................... 15 Notice .............................................................................................................................................................. 16 Damage to Municipal Works ....................................................................................................................... 17 Part 9: CONSTRUCTOR'S OBLIGATIONS ................................................................................................................ 17 Part 10: REGISTERED PROFESSIONALS ................................................................................................................. 17 Professional Design & Field Review .............................................................................................................. 17 Requirement for Regisitered Professional ..................................................................................................... 18 Professional Plan Certification ..................................................................................................................... 18 Alternative Solutions .................................................................................................................................. 19 Part 11: BUILDING PERMITS ................................................................................................................................ 19 Permit Requirements .................................................................................................................................. 19 Before Applying for a Building Permit ........................................................................................................... 19 Complex Buildings ...................................................................................................................................... 21 Simple Buildings ......................................................................................................................................... 23 Site & Location Information ......................................................................................................................... 25 Building Permit Fee..................................................................................................................................... 25 Value of Construction ................................................................................................................................. 26 Security Deposit with Application ................................................................................................................ 26 Permit Fee Refunds .................................................................................................................................... 27 Page 5 of 46 Construction Before Permit Issued ............................................................................................................... 27 Permit Application Expiration ...................................................................................................................... 27 Issuance of a Building Permit ....................................................................................................................... 27 Home Owner Protection Act ........................................................................................................................ 28 Partial Construction .................................................................................................................................... 28 Inspections ................................................................................................................................................ 28 Stop Work Order ........................................................................................................................................ 31 Do Not Occupy Notice ................................................................................................................................. 31 Inspection and Other Fees ........................................................................................................................... 31 Permit Expiration ........................................................................................................................................ 32 Permit Extension ........................................................................................................................................ 32 Permit Cancellation .................................................................................................................................... 32 Occupancy ................................................................................................................................................. 33 Part 12: EROSION & SEDIMENT PROVISIONS ....................................................................................................... 34 Part 13: TEMPORARY BUILDINGS ......................................................................................................................... 34 Part 14: BUILDING MOVE ..................................................................................................................................... 35 Part 15: RETAINING WALLS & GRADES ................................................................................................................. 36 Part 16: ELECTRICAL SERVICES ............................................................................................................................. 36 Part 17: POOLS ..................................................................................................................................................... 37 Swimming Pool Permit & Fencing ................................................................................................................ 37 Enclosure or Fencing ......................................................................................................................................... 37 Maintenance .................................................................................................................................................... 38 Leaks or Other Failures ............................................................................................................................... 38 Part 18: FLOATING BUILDINGS & STRUCTURES .................................................................................................... 38 Part 19: DEMOLITION .......................................................................................................................................... 38 Part 20: BUILDING NUMBERING .......................................................................................................................... 39 Part 21: EMERGENCY VEHICLE ACCESS ROUTES ................................................................................................... 39 Part 22: ENERGY CONSERVATION & GHG EMISSION REDUCTION ........................................................................ 40 Part 23: OFFENCES, ENFORCEMENT & PENALTIES ................................................................................................ 41 Violations.......................................................................................................................................................... 41 Deemed Offence ............................................................................................................................................... 41 Ticketing ........................................................................................................................................................... 41 Part 24: APPENDICIES .......................................................................................................................................... 42 Part 25: SEVERABILITY ......................................................................................................................................... 42 Part 26: REPEAL ................................................................................................................................................... 42 Part 27: IN FORCE ................................................................................................................................................ 42 Appendix A - Fees ............................................................................................................................................... 43 Appendix B - Offences ......................................................................................................................................... 45 Page 6 of 46 GIVEN that the City Council 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 and 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; B. is enacting this bylaw to regulate construction and administer the British Columbia Building Code in Campbell River in accordance with the Community Charter and the Building Act; C. has employed qualified building officials in accordance with the Building Act for the purposes of this bylaw; NOW THEREFORE the Council of the City of Campbell River enacts as follows: PART 1: TITLE 1.1 This bylaw may be cited for all purposes as "Building Bylaw No. 3899, 2023". PART 2: INTERPRETATION 2.1 In this bylaw the following words and terms have the meanings (a) set out in Division A, Section 1.4.1.2. of the Building Code as of the date of adoption of this bylaw: accessible, assembly occupancy, authority having jurisdiction, 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, plumbing system, post disaster building, private sewage disposal system, registered professional, residential occupancy, treatment occupancy, 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, soil; and (c) subject to this bylaw, set out in Section 29 of the Interpretation Act: may, must, obligation, person, property, shall, writing, written and year. 2.2 In this bylaw accepted means reviewed by the building official under the applicable provisions of the Building Code and this bylaw; Page 7 of 46 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 their knowledge or license; appraised value means the pre-construction evaluation of a building, performed by a professional appraiser recognized by the Appraisal Institute of Canada - British Columbia or other accreditation acceptable to the building official; alternative solution means an alternative solution authorized under the Building Code; 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 Regulation means the Architects Regulation, BC Reg 33/2023, 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 a person designated in or appointed to that position by the City and includes the Building Services Manager, building inspector, plan checker, plumbing inspector or other such person or persons as they may designate from time to time as their assistants, and for certainty has the same meaning as building inspector referred to in the Community Charter and Local Government Act; City means the City of Campbell River; 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 600m2 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 hazard occupancy; (v) low hazard industrial occupancy; construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate or shore; Page 8 of 46 Energy Advisor means a person who is registered and in good standing as an energy advisor by Natural Resources Canada who conducts EnerGuide home evaluations on behalf of service organizations licensed by Natural Resources Canada; Engineers and Geoscientists Regulation means the Engineers and Geoscientists Regulation BC Reg 14/21; existing, in respect of a building, means the portion of a building lawfully constructed prior to the submission of a permit application required under this bylaw; floating building, means a structure incorporating a floatation system, intended for use or being used or occupied, not primarily intended for, or usable in, navigation and does not include a watercraft designed or intended for navigation; 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; Homeowner Protection Act means the Homeowner Protection Act SBC 1998, c.31; marina means a specially designed harbour with moorings for pleasure craft, workboats, other small boats and includes all associated structures on land or water; mobile home means factory built housing constructed to the CAN/CSA-Z240 MH standard, and designed to be transported from time to time; modular home means factory built housing constructed to the CAN/CSA A277 standard in compliance with the Building Code, and designed to be permanently placed on a foundation; occupancy certificate means permission or authorization in writing issued by a building official to signify a building or structure is approved for occupancy or use; owner means in respect of real property (a) the registered owner of an estate in fee simple, or an agent duly authorized by the owner in writing in the form prescribed by the building official (b) a tenant for life under a registered life estate; (c) a registered holder of the last registered agreement for sale; or (d) a holder or occupier of land held in the manner mentioned in Sections 228 and 229 of the Community Charter; permit means permission or authorization in writing by the building official to perform work regulated by this bylaw and, in the case of Occupancy, a permit to occupy a building or part of a building; professional design means the plans and supporting documents bearing the date, seal or stamp, and signature, or an authenticated electronic signature of a registered professional; project means any construction operation; retaining wall means any structure, other than a building, that holds or retains soil or other material; Page 9 of 46 simple building means a building of three storeys or less in building height, having a building area not exceeding 600m2 and used for a major occupancy classified as (a) residential occupancy; (b) business and personal services occupancy; (c) mercantile occupancy; or (d) medium and low hazard industrial occupancy; Step Code means the Energy Step Code as referenced in the British Columbia Building Code as amended from time to time; structure means construction or portion of construction, of any kind, whether fixed to, supported by or sunk into land, airspace or water, but specifically excludes paving, fences and landscaping; swimming pool means any constructed or prefabricated swimming pool, situated on or below ground level, used or intended to be used for swimming, bathing or wading, and having a depth of more than 0.6 m, which is situated on any privately-owned real property and is considered an accessory structure, and which does not fall within the jurisdiction of the Provincial Regulations governing Public Swimming Pools under the Provincial Health Act; swimming pool enclosure means a fence or barrier surrounding a swimming pool, a method intended to deter unauthorized entry between the swimming pool area and from the outside swimming pool area; temporary building includes a sales office, construction office or a building or structure in which tools are stored during construction of a building; value of construction means the amount that is calculated as the greater of (a) the declared value of the work; including excavation, civil work, design documents, investigation and testing, consulting services, construction management and all but not limited to architectural, structural, mechanical, electrical, plumbing, drainage and gas installations necessary for the carrying out of the construction to its completed form; or (b) the value calculated using a method stipulated in the "Marshall & Swift Residential Cost Handbook; 2.3 Every reference to this bylaw in this or another bylaw of the City is a reference to this bylaw as amended to the date of the reference. 2.4 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 Building Code or section may be amended or re-enacted from time to time. 2.5 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. Page 10 of 46 PART 3: PURPOSE OF THIS BYLAW 3.1 Despite any other provision in this bylaw, this bylaw must be interpreted in accordance with this Part. 3.2 Every permit issued under this bylaw is issued expressly subject to the provisions of this Part. 3.3 This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in the City, in the public interest. 3.4 The purpose of this bylaw does not extend to (a) the protection of owners, designers or constructors from economic loss; (b) the assumption by the City or any building official of any responsibility for ensuring the compliance by any owner, their 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 City is free from latent, or any, defects; or (e) the protection of adjacent real property from incidental damage or nuisance. PART 4: SCOPE AND EXEMPTIONS Application 4.1 This bylaw applies to the geographical area of the City and to land, the surface of water, air space, buildings or structures in the City. 4.2 This bylaw applies to the design, construction or occupancy of new buildings or structures, and the alteration, reconstruction, demolition, removal, relocation, occupancy or change of use or occupancy of existing buildings and structures. 4.3 This bylaw does not apply to (a) buildings or structures exempted by Division A, Part 1 of the Building Code except as expressly provided herein; (b) a retaining wall supporting soil that is (i) less than 1.2 metres in height and is not intended to support superimposed loads, unless failure would impact a structure or impact life safety; or (ii) a sequence of walls, each less than 1.2 metres in height with - average slope angles less than 45 degrees to the horizontal (1H:1V) Page 11 of 46 - step-back distances (distances between successive walls when used in a series) greater than the wall height; and - an acceptable global factor of safety (consistent with established norms for each load case under consideration) for the entire terraced slope; (c) a fence, a trellis, an arbour, or other similar landscape structures on a parcel zoned for single or two family residential occupancy uses under the City's Zoning Bylaw as amended or re-enacted from time to time; (d) repair and maintenance of lawfully-conforming buildings and structures where the level of life safety and building performance must not be decreased below the level that already exists, exclusive of structural and building envelope remediation as a result of a previous noted deficiency; (e) decks or patios which surface is less than 600mm above the ground or finished grade, which are not attached to a building and have no walls or roof; (f) the replacement of plumbing fixtures (sinks, tubs, water closets, lavatories, showers etc.) or the maintenance of existing building plumbing systems, providing the work does not involve the rearrangement of supply, waste, or vent lines; Limited Application to Existing Buildings 4.4 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 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. 4.5 This bylaw applies if the whole or any part of an existing building is moved either within or into the City, including relocation relative to parcel lines created by subdivision or consolidation. Part 14 applies to building moves. 4.6 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 address any new infractions introduced in the remainder of the building as a result of the alteration. 4.7 If an alteration creates an addition to an existing building, the alteration or addition 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 address any new infractions introduced in the remainder of the building as a result of the alteration or addition. PART 5: PROHIBITIONS 5.1 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 Page 12 of 46 (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. 5.2 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 occupancy inspection and occupancy certificate 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. 5.3 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. 5.4 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 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. 5.5 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. 5.6 A person must not do any work that is substantially 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. 5.7 A person must not interfere with or obstruct the entry of a building official or other authorized official of the City on property in the administration of this bylaw. 5.8 A person must not contravene an administrative requirement of a building official made under section 7.7 or any other provision of this bylaw. 5.9 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 6: PERMIT CONDITIONS 6.1 A permit is required if work regulated under this bylaw is to be undertaken. 6.2 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 City will in any way (a) relieve the owner (and if the owner is acting through an agent, the agent of the owner) 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, Page 13 of 46 this bylaw or any other applicable enactments respecting safety, protection, land use and zoning have been complied with; or (c) constitute a representation or warranty that the building or structure meets any standard of materials or workmanship. 6.3 No person must 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. 6.4 Without limiting section 6.2(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. 6.5 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, and the owner has paid the non-refundable fee required in Appendix "A" of this Bylaw. The transfer or assignment of a building permit is not an extension of a building permit. PART 7: POWERS OF A BUILDING OFFICIAL 7.1 Words defining the authority of a building official are to be construed as internal administrative powers and not as creating a duty. 7.2 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 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; (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; and (e) prescribe documents to be used in conjunction with and as identified under this bylaw. Refusal and Revocation of Permits 7.3 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 City and must state the reason in writing. 7.4 A building official may revoke a permit and state the reason in writing if, in their opinion Page 14 of 46 (a) all permits required under this or any another bylaw of the City have not been obtained; (b) a condition under which the permit was issued has be contravened; (c) the permit was issued in error; (d) cancellation or termination of the Homeowner Protection Office registration occurs prior to the permit receiving final inspection; (e) the permit was issued on the basis of false or incorrect information; or (f) there is a violation of a requirement of the Building Code or of this or another bylaw of the City; (g) 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 building code or the provisions of this bylaw, or both Such permit revocation must be in writing and sent to the owner and if acting through an agent, the agent by registered mail to, or personal service on, the owner and agent. 7.5 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. Right of Entry 7.6 Subject to section 16 of the Community Charter, every owner must permit, and a building official may enter on property at any time to ascertain whether the requirements of this bylaw are being met. Powers 7.7 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 City 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; Page 15 of 46 (g) a person to cease any occupancy and to enter on property to affix or post a do not occupy notice if any unsafe condition exists because of work being undertaken but not complete or where the building official has not issued an occupancy notice for the work; (h) an owner to correct any unsafe condition; and (i) an owner to correct any work that contravenes this bylaw, the Building Code, or any other enactment. 7.8 Every reference to "owner" in section 7.7 includes a reference to the owner's agent or constructor. 7.9 Every person served with a notice under this Part must comply with that notice (a) within the time ordered; or (b) if no time is ordered, immediately. PART 8: OWNER'S RESPONSIBILITIES & OBLIGATIONS Permit Requirements 8.1 Subject to Part 11 of this bylaw, every owner must apply for and obtain a permit, prior to (a) constructing, repairing, altering a building or structure, including a masonry fireplace or chimney, swimming pool or retaining wall; (b) moving a building or structure into or within the City; (c) demolishing a building or structure; (d) constructing or altering a plumbing system; (e) constructing or altering a fire suppression or fire alarm system; (f) siting of temporary buildings; (g) installation or alteration of mechanical exhaust and fire suppression systems for commercial cooking equipment; (h) occupying or changing the use or occupancy of a building, including the creation or consolidation of units; unless the works are the subject of another valid and subsisting building permit. Owner's Obligations 8.3 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, professional field reviews, specifications and supporting documents to the permit or inspection are all 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 Page 16 of 46 (c) prior to the issuance of a building permit, execute and submit to the City in the form prescribed by the building official (i) an owner's undertaking; (ii) agent authorization, where the permit application is submitted by other than the owner; (iii) the damage to City infrastructure agreement. 8.4 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 City and 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 their 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. 8.5 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; (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; and (c) allow a building official to enter any building or premises at any reasonable time to administer and enforce this bylaw and provide building officials with safe access to the work site and all areas requiring inspection. Notice 8.6 Every owner must give written 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. 8.7 If an owner or a registered professional terminates the engagement of a registered professional, including a coordinating registered professional, the owner must terminate 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. 8.8 Without limiting sections 11.30 to 11.45, every owner must give at least 24 hours' 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 all work has been completed so that a final inspection can be made. 8.9 Every owner must give notice in writing to a building official and pay the non-refundable fee set out in Appendix A, immediately upon any transfer of permit holder, change in ownership or change in the address of the owner which occurs from the time of application for a building permit until an occupancy permit has been issued. Page 17 of 46 8.10 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. Damage to Municipal Works 8.11 Every owner to whom a permit is issued is responsible for the cost to repair any damage t o municipal works or land that occurs during and arises directly or indirectly from the work authorized by the permit. 8.12 In addition to payment of a security deposits under City bylaws, every owner must pay to the City, within 30 days of receiving an invoice for same from the City, 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. PART 9: CONSTRUCTOR'S OBLIGATIONS 9.1 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. 9.2 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. 9.3 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 10: REGISTERED PROFESSIONALS Professional Design and Field Review 10.1 The provision by the owner to the City of letters of assurance in accordance with the requirements of the Building Code or this bylaw must (a) if a building permit is required, deliver to the building official letters of assurance set out in the forms of Schedules A or B as appropriate, prior to the issuance of the permit; (b) if an occupancy inspection, or where only a final inspection is required, from the building official is required and before an owner occupies or receives permission to occupy the building or structure, the owner or coordinating registered professional must provide the City with letters of assurance in the form of Schedules C-A or C-B, as appropriate, as referred to in subsection 2.2.7, Division C, of the Building Code. 10.2 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. Requirement for a Registered Professional 10.3 The owner must retain a registered professional to provide to the City 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 Page 18 of 46 subsection 2.2.7, Division C, of the Building Code, in respect to a permit (a) for a complex building; (b) for a simple building in circumstances where letters of assurance are required in accordance with the requirements of the Building Code; (c) except for garages, carports and garden structures, 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 onsite site storm water detention or disposal systems; (e) for the installation of all new fire suppression systems, or for the alteration of existing fire suppression systems involving the relocation, deletion or addition of more than five fixed sprinkler heads or alterations involving any number of flex head sprinkler connections; (f) prior to alterations or additions to a building, or to a structural component that was previously designed by a registered professional; (g) 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; (h) if the building envelope components of the building fall under Division B Part 3 of the Building Code, the building contains more than four dwellings, or if the building envelopes do not comply with the prescriptive requirements of Division B Part 9 of the Building Code; or (i) 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 (ii) that the plans submitted with the application comply with the relevant provisions of the Building Code and applicable bylaws of the City. 10.4 The building official may require any registered professional carrying out the professional design and field review required under section 10.3 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 10.5 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 referred to in sections 10.1 and 10.3 are relied upon by the City 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 enactments. 10.6 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. Page 19 of 46 10.7 For a building permit issued for the construction of a complex building, the building official must 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 City or its building officials on the registered professionals. 10.8 If a building permit is issued for construction of a complex building, the permit fee is reduced by 5% of the fees payable as indicated in Appendix A, up to a maximum reduction of $1000.00 (One Thousand dollars). Alternative Solutions 10.9 An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the Building Code or this bylaw must submit sufficient evidence, certified by a registered professional, to demonstrate that the proposed alternative solutions will provide the level of performance required by the Building Code or this bylaw and must receive written acceptance of the proposal from the building official. PART 11: BUILDING PERMITS Permit Requirements 11.1 Subject to this part, every owner must apply for and obtain a permit, prior to (a) constructing, repairing, altering a building or structure, including a swimming pool or retaining wall; (b) moving a building or structure into or within the City; (c) demolishing a building or structure; (d) constructing or altering a fire suppression or fire alarm system; (e) constructing, or altering a plumbing system; (f) siting of temporary buildings; (g) constructing a masonry fireplace or chimney; (h) occupying or changing the use or occupancy of a building, including the creation or consolidation of units; or (i) installation or alteration of mechanical exhaust and fire suppression systems for commercial cooking equipment; unless the works are the subject of another valid and subsisting building permit. Requirements Before Applying for a Building Permit 11.2 Prior to application of a building permit, the owner must satisfy the following requirements or conditions (a) the owner must apply for and obtain a development permit if the building or structure is in an area designated by the City's Sustainable Official Community Plan as a Page 20 of 46 development permit area; (b) the owner must ensure that the proposed building or structure complies with all bylaws of the City, 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) the owner must apply for and receive approval for all applicable development applications as identified in the City's Development Applications Bylaw or other permits as required by City bylaws that could affect the design, siting or use of the proposed construction; (d) 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; (e) the subject property or building must be addressed in accordance with City Bylaws; (f) 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 authorization signed by the owner, in the form prescribed by the building official; (g) if the parcel that is the subject of the building permit application is not intended to be connected to the City's sewage disposal system, the owner must apply for and obtain approval from the City and other applicable public authorities for an alternate private sewage disposal system; (h) if the parcel that is the subject of the building permit application is not intended to be connected to the City's waterworks system, the owner must apply for and obtain approval from the City and other applicable public authorities for an alternate water supply system; (i) if the parcel that is the subject of the building permit application is not intended to be connected to The City's storm water drainage system, the owner must apply for and obtain approval from the City and other applicable public authorities for the alternate storm water drainage and detention system; (j) if all on site and off site works and services required by a City bylaw or other enactment have not been completed in accordance with the enactments, the owner must enter into a written agreement with the City and deliver to the City letters of credit or cash security for completion of the works and service; and (k) If the parcel that is the subject of the building permit application requires work within the City road right of way, a works on City lands permit must be obtained prior to commencement of the works. Building Permit Applications for Complex Buildings 11.3 An application for a building permit with respect to a complex building must Page 21 of 46 (a) be made in the form prescribed by the building official 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 prescribed by the building official 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 14 days of the date of the permit application; (d) ensure that plans submitted with a permit application bear the name and contact information of the designer and indicate the civic address for the project; (e) include a Building Code compliance summary including the applicable edition of the Building Code, such as without limitation the building is designed under Part 3 of the Building Code, major occupancy classification(s) of the building, building area, building height, number of streets the building faces, and accessible requirements, work areas, washrooms, firewalls and facilities and any other information required by the building official to confirm compliance with the Building Code and City bylaws; (f) 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; (g) include a completed Fire Department Checklist and Construction Fire Safety Plan; (h) include a site plan prepared by a registered professional showing i) the legal description and civic address of the parcel; ii) the location and dimensions of existing and proposed statutory right of way, easements and adjacent street and lane names; iii) proposed and required setbacks for all buildings and structures on the property; iv) the location and dimensions of existing and proposed buildings or structures on the parcel; v) setbacks to the natural boundary (top of bank) of any sea, strait, lake, swamp, pond or watercourse; vi) geodetic elevation of the underside of a wood floor system or the top of finished concrete slab of a building or structure where the City's land use regulations or provincial flood mapping regulations establish siting requirements related to minimum floor elevation; vii) North arrow; viii) if applicable, location of an approved existing or proposed private or other alternative sewage disposal system, water supply system or storm water drainage system; ix) zoning compliance summary; x) the location, dimensions and gradient of parking and parking access; xi) finished grade at building corners and significant breaks in the building plan and proposed grade around the building faces in order to ascertain building height; xii) first storey geodetic floor elevation; Page 22 of 46 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; xvi) access routes for firefighting and; xvii) accessible paths of travel from the street to the building 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; (i) 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 including rated assemblies and construction; plumbing fixtures; structural elements; and stair dimensions; (j) include cross-sections and details through the building or structure in sufficient detail and locations to illustrate the building or structure conforms to the Building Code; (k) 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 or structure conforms with the City zoning and development permits; (l) 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 City's Subdivision and Development Servicing Bylaw, as amended or re-enacted from time to time to the satisfaction of the City's Development Engineering; (m) 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; (n) 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 approvals; (o) 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; (p) 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; (q) include one digital set of drawings signed, sealed and dated with a digital certificate, at a suitable scale of the design prepared by each registered professional containing the information set out in (i) to (m) of this section; and (r) applications for renovations, additions or demolitions of buildings constructed prior to Page 23 of 46 1990, to include a hazardous materials survey in accordance WorkSafe BC regulations. 11.4 In addition to the requirements of section 11.3 of this bylaw, a building official may require further information 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 11.5 An application for a building permit with respect to a simple building must (a) be made in the form prescribed by the building official, 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 prescribed by the building official 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 14 days of the date of the permit application; (d) ensure that plans submitted with a permit application bear the name and contact information of the designer and indicate the civic address for the project; (e) 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; (f) include a site plan showing i) the 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 adjacent street and lane names; iv) the location and dimensions of existing and proposed buildings or structures on the parcel; v) proposed and required setbacks for all buildings and structures on the property; vi) setbacks to the natural boundary of any sea, strait, lake, swamp, pond or watercourse; vii) the 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 City's land use regulations or provincial flood mapping regulations establish siting requirements related to minimum floor elevation; viii) North arrow; ix) if applicable, location of an approved existing or proposed alternative private or other sewage disposal system, water supply system or storm water drainage system; x) zoning compliance summary; xi) the location, dimensions and gradient of parking and parking access; xii) finished grade at building corners and significant breaks in the building plan and proposed grade around the building faces in order to ascertain building height; Page 24 of 46 xiii) first storey floor elevation; xiv) location, setbacks and elevations of all retaining walls, steps, stairs and decks; xv) line of upper floors; xvi) for other than single and two family dwellings on independent parcels, access routes for Firefighting; and xvii) where required by the Building Code accessible paths of travel from the street, and designated accessible parking areas to the building; 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; (g) include floor plans showing the dimensions, occupancy classification 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; fire separations, including rated assemblies and construction; plumbing fixtures; structural elements; and stair dimensions; truss layout, including loads; (h) include cross-sections and details drawn at an appropriate scale and at sufficient locations to illustrate that the building or structure substantially conforms to the Building Code; (i) 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 or structure conforms with the City's zoning, and development and variance permits where applicable; (j) for other than single and two family dwellings on independent lots, 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 City's Subdivision and Development Servicing Bylaw, as amended or re-enacted from time to time, to the satisfaction of the City's Development Engineering; (k) include site grading, and stormwater management plan prepared by a registered professional for on-site stormwater disposal systems; (l) 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 approvals; (m) include a foundation and excavation design prepared by a registered professional in accordance with the Building Code, except for garages, carports and garden structures and additions less than 55 square metres; (n) include geotechnical letters of assurance, in addition to a required geotechnical report, if the building official determines that the site conditions so warrant; (o) include one digital set of drawings signed, sealed and dated with a digital certificate, at a suitable scale of the design including the information set out in (g) to (j) and (m) of this section Page 25 of 46 (p) include a Building Code compliance summary including the applicable edition of the Building Code, such as, without limitation, the building is designed under Part 9 and compliance with article 2.2.2.1(2), Division C of the Building Code; and (q) applications for renovations, additions or demolition of buildings constructed prior to 1990 to include a hazardous materials survey in accordance WorkSafe BC regulations. 11.6 In addition to the requirements of section 11.5 of this Part, 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 (a) a Fire Department Checklist and construction fire safety plan; (b) a section through the site showing grades, buildings, structures, parking areas and driveways; (c) structural, electrical, plumbing, mechanical or fire suppression drawings prepared and sealed by a registered professional, including letters of assurance in the form of Schedule B referred to in Division C of the Building Code, signed by a registered professional; and (d) 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. Site and Location Information 11.7 Without limiting sections 11.3(f) or 11.5(e) 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 11.8 Other than a building permit application for an accessory dwelling unit dated prior to December 31, 2027, before receiving a building permit for a building or structure, the Amd Bylaw 3971 09/24 Sec. 11.8 replaced. Page 26 of 46 owner must first pay to the City (a) the permit fees prescribed in Appendix A; and (b) any fees, charges, levies or taxes imposed by the City and payable under an enactment at the time of issuance of the permit; 11.9 The building permit fee to be increased by 50% for new residential dwellings where the builder is not licenced by the Home-Owner Protection Office. Value of Construction 11.10 Each building or structure to be constructed on a site requires a separate building permit and shall be assessed a separate building permit fee based on the amount calculated as the value of construction as defined in this Bylaw. 11.11 A Building Inspector may require an applicant to provide the City with an appraisal of the value of the proposed construction, at the applicant's expense. In such case, the building permit fee must be based on the appraised value of the construction in accordance with the fee schedules in Appendix A. Security Deposit with Building Permit Application 11.12 Before receiving a building permit or demolition permit for a building or structure, the owner must first pay to the City a security deposit as set out in Appendix A. 11.13 The security deposit sum set out in section 11.12 (a) covers the cost borne by the City 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 permit held by the applicant; (b) covers the cost borne by the City 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 provisional 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. 11.14 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 provisional certificate of occupancy are completed to the satisfaction of the building official; only if the applicant has requested the return of the security. 11.15 Any credit greater than the amount of the security deposit used by the City for the purposes described in sections 11.13 of this Part will be returned to the permit holder unless otherwise so directed in writing by the permit holder. Any amount in excess of the security deposit required by the City to complete corrective work to public lands, public works, or the site is recoverable by the Page 27 of 46 City from the permit holder, the constructor or the owner of the property. 11.16 Where required by the building official, if the proposed work includes excavation or construction on lands within 3 metres of major utilities works or services owned by the City, the owner must deliver to the building official a signed agreement in a form prescribed by the City under which the owner acknowledges and agrees that any damage to municipal works or services arising from the construction associated with the building permit will be repaired at the owners expense and to the satisfaction of the City's Development Engineering, and the owner must deposit with the City security in accordance with sections 11.12 to 11.15 of this Part. Permit Fee Refunds 11.17 No fee or part of a fee paid to the City may be refunded if construction of the building has started. 11.18 A permit fee as set out in Appendix A, may be refunded 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 (c) the permit has not expired. 11.19 A building permit or other permit fee is not refundable after the permit has been extended under section 11.49 of this Part. Construction Before Permit Issued 11.20 The permit fee prescribed in section 11.8(a) is doubled and added to every permit application if construction commenced before the building official issued a permit, to a maximum additional fee of $10,000.00 added to the calculated permit fee. For plumbing installations only, that commenced before the issuance of a permit, the additional fee shall be a flat rate of $500.00 for each occurrence. Expiration of Application for a Permit 11.21 A building permit or other permit application must be cancelled if the building permit has not been issued and the permit fee paid within 180 days of the permit application, unless the permit is not issued only due to delays caused by the City. When an application is cancelled the plans and related documents may be held for a maximum of two weeks and then may be destroyed. Issuance of a Building Permit 11.22 If (a) a completed application in compliance with sections 11.3 and 11.4 or sections 11.5 and 11.6 of this Part, including all required supporting documentation, has been submitted and reviewed by the building official; (b) All covenants and agreements determined necessary have been executed or where necessary registered with BC Land Title & Survey; (c) the owner has paid all applicable fees set out in sections 11.8 to 11.20 of this Part and Appendix A; (d) the owner or their representative has paid all fees and met all requirements imposed by any other statute or bylaw; Page 28 of 46 (e) the owner has retained a professional engineer or geoscientist if required under this bylaw; (f) the owner has retained an architect if required under this bylaw or the Architects Regulation; and (g) no covenant, agreement, resolution or regulation of the City requires or authorizes the permit to be withheld; the building official must 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 all conditions of 11.22 (a) to (g) have been satisfied. 11.23 Despite section 11.22, the building official may refuse to issue a permit when the owner has been notified of a violation of this bylaw concerning the construction of another building or structure by the owner. Compliance with the Homeowner Protection Act 11.24 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. 11.25 Section 11.24 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. 11.26 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 11.27 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 City to demonstrate to the building official that the portion authorized to be constructed substantially complies with this and other applicable bylaws, and the permit fee applicable to that portion of the building or structure has been paid. The issuance of the permit notwithstanding, the requirements of this bylaw apply to the remainder of the building or structure as if the permit for the portion of the building or structure had not been issued. 11.28 If a building permit has expired and partial construction has progressed, with no extension requested of the building official under section 11.49, the site shall be restored to original gradients or where construction has progressed beyond the excavation stage permanent type fencing with privacy screen complying with the City's Zoning Bylaw, as amended or re-enacted from time to time, must be erected around the building site for protection to the public. Inspections 11.29 If a registered professional provides letters of assurance in accordance with this bylaw, the City will rely solely on field reviews undertaken by the registered professional and the letters of assurance Page 29 of 46 submitted pursuant to this bylaw and the Building Code as assurance that the construction 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. Copies of all field reviews must be submitted to the City after the registered professionals individual inspections are conducted. 11.30 Despite section 11.29 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. 11.31 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. 11.32 For all work in respect of simple buildings the owner must give at least 24 hours' notice to the City when requesting an inspection and must obtain an inspection confirmation notice and receive a building official's written acceptance of the following aspects of the work prior to concealing them (a) the installation of completed concrete footing formwork, prior to the placement of concrete, when in absence of having submitted, both letters of assurance from registered professionals for the foundation and excavation components and a proposed building location survey at time of permit application; (b) prior to inspection under section 11.32(d), plumbing located below the finished slab level once completed and under test; (c) installation of foundation drains, rainwater leaders and damp-proofing prior to backfilling; (d) the preparation of ground, including ground cover with under slab and/or foundation insulation; (e) installation of above ground rough-in plumbing, once completed and under test; (f) installation of the building water, sanitary and storm services from the building to the property line, or to any on-site water supply or sewage disposal system, after the required tests to sanitary and water supply lines have been applied; (g) rough in of masonry chimneys and fireplaces; (h) framing, sheathing, fire stopping (including drywall in fire separations) and required bracing, after the complete installation of chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting, exterior doors and windows, and submission of a building location survey from a registered BCLS but prior to the installation of insulation, interior finishes, sheathing paper or exterior finishes which would conceal such work; (i) air barrier, when constructed independently of the vapour barrier and where the permitted construction is not required to comply with the Step Code; (j) rain-screen and flashing details; (k) the insulation, vapour barrier, and fan ductwork and insulation there of, prior to the application of any interior finish and after the substantial completion of the siding or other main exterior finishes, exclusive of minor trim or details; and Page 30 of 46 (l) Occupancy / Final, the health and safety aspects, GHG emissions reduction and accessibility aspects of the work, when the building or structure is substantially complete but before occupancy takes place of the whole or part of the building or structure. 11.33 A building official will only carry out an inspection under section 11.32 if the owner or the owner's agent has requested the inspection in accordance with this bylaw. 11.34 Despite the requirement for the building official's acceptance of the work outlined in section 11.32, if a registered professional provides letters of assurance, the City will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this bylaw as assurance that the aspects of the construction referenced by those letters of assurance substantially conform to the design, plans and specifications and that the construction complies with the Building Code, this bylaw and other applicable enactments respecting safety. 11.35 No person may conceal any aspect of the work referred to in section 11.32 of this bylaw until a building official has accepted it in writing. 11.36 For work in respect of complex buildings, the owner must (a) provide to the City, or have the coordinating registered professional provide to the City, all registered professionals field reviews within 24 hours' of completion of the following stages of construction (i) after the water, sanitary and storm sewer, including site servicing and street connections, are completed; (ii) after the footings and foundations are complete; (iii) after framing of the building is complete, including fire stopping and separations, chimney, duct work, fire suppression, plumbing, gas venting, wiring, but before any insulation or other interior or exterior finish is applied which would conceal such work; and (iv) after insulation and vapour barrier and fire stop systems but before any interior finish is applied; (b) submit to the City a building location survey from a registered BCLS once the foundations have been completed but prior to the completion of the work specified in section 11.36(a)(iii); (c) give at least 72 hours' notice to the City when requesting an occupancy but prior to occupying the building or structure, to demonstrate to the building official and the fire department, compliance with the health and safety aspects of the work, the coordination and integration of the fire and life safety systems, applicable City requirements and other enactments respecting safety and the conservation, GHG emission and accessibility aspects of the work; and (d) cause the coordinating registered professional, at least 72 hours prior to the pre- occupancy coordinated site review to deliver in digital format to the building official all applicable documents listed in the Confirmation of Required Documentation form as prescribed by the building official. Page 31 of 46 Stop Work Order 11.37 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 prescribed by the building official, on the premises whenever it is found that the work is not being performed in accordance with the requirements of the Building Code, any applicable bylaw of the City or the applicable provisions of the Homeowner Protection Act. 11.38 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. 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. 11.39 If a registered professional's services are terminated, the owner must immediately stop any work that is subject to their design or field review and the building official is deemed to have issued a stop work order under section 11.37. 11.40 The owner must immediately, after the posting of a notice under section 11.37, 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 City. 11.41 Subject to section 11.37, no work other than the required remedial measures may be carried out on the parcel affected by the notice referred to in section 11.37 until the stop work order notice has been removed by the building official. 11.42 The notice referred to in section 11.37 must remain posted on the premises until that which is contrary to the enactments has been remedied and the stop work order notice has been rescinded in writing by the building official. Do Not Occupy Notice 11.43 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 prescribed by the building official on the affected part of the building or structure. 11.44 If a notice is posted under section 11.43, 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. Inspection and Other Fees 11.45 In addition to the fees required under other provisions of this bylaw, the owner must pay the non- refundable fee set out in Appendix A for (a) a third 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 two site visits are required for any required inspection; (b) a special inspection during the City's normal business hours to establish the condition of a building, or if an inspection requires special arrangements because of time, Page 32 of 46 location or construction techniques; (c) a request from the owner or agent that the building official review an application or part of an application that has already been reviewed by the building official the owner must pay to the City fee based on the plan review fee hourly rate set out in Appendix A; (d) If an issued building permit or other permit is active and the owner proposes modification to the building design, the owner must pay to the City a fee based on the plan review hourly rate set out in Appendix A; or (e) the removal of a notice that had previously been registered on the title of the property in accordance with s.57 of the Community Charter for a matter related to building regulations having been contravened. Permit Expiration 11.46 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 180 days from the date of issuance of the permit; (b) work is discontinued for a period of 180 days; or (c) the work is not completed within 24 months of the date of issuance of the permit. 11.47 Where a permit has expired, the work must cease and the construction must be removed, unless a new permit application is made within 90 days of the expiry date of the permit. 11.48 Where a permit has expired, and a new permit application is made, all construction shall comply with this bylaw, the Building Code and any other City bylaws and enactments in force at the time of the new application. Permit Extension 11.49 A building official may extend the period set out under section 11.46 for only one period not to exceed twelve months, if construction has not been commenced or has been discontinued due to adverse weather, strikes, material or labour shortages, other similar hardship beyond the owner's control, or if the size and complexity of the construction warrants, if (a) written application for the extension is made at least 30 days prior to the date of the permit expiration; and (b) the non-refundable fee set out in Appendix A has been paid. Permit Cancellation 11.50 A building permit, or a building permit application, may be cancelled by the owner, or their agent, on delivery of written notification of the cancellation to the building official. 11.51 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". 11.52 If the owner, or their agent, submits changes to an application after a permit has been issued and the changes, in the opinion of the building official, substantially 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 Page 33 of 46 the word "cancelled" or "amended". 11.53 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 in association with the permit less, (a) any non-refundable portion of the fee; and (b) 15% of the refundable portion of the fee. Occupancy 11.54 No person may occupy a building or structure or part of a building or structure until an occupancy inspection certificate has been approved by a building official. 11.55 An occupancy inspection certificate will not be issued unless (a) letters of assurance, in the form of schedules C-A and C-B have been submitted where letters of assurance have been required for simple buildings, complex buildings or structures in accordance with this bylaw; (b) the Confirmation of Required Documentation described in section 11.36(d) have been submitted when required in accordance with the requirements of this bylaw; (c) all aspects of the work requiring inspection and acceptance pursuant to sections 11.32 and 11.36 of this bylaw have both been inspected and accepted or the inspections and acceptance are not required in accordance with this bylaw; (d) where requested in writing by the building official and for complex buildings, the owner has delivered to the City, as-built plans of works and services in digital format; (e) where requested in writing by the building official and for complex buildings, the owner has delivered to the City, as-built drawings of the building or structure in digital format; (f) unless waived by the building official, the City has received a building survey prepared by a British Columbia Land Surveyor showing the building height, size, location and elevation determined in accordance with the City's land use regulations; (g) the health and life 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 in compliance with the design, the Building Code, other applicable enactments or special conditions of the permit; and (h) all other documentation required under applicable enactments has been delivered to the City. 11.56 When a registered professional provides letters of assurance in accordance with this bylaw, the City will rely solely on the letters of assurance when issuing an occupancy inspection notice 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. 11.57 A building official may issue an occupancy inspection notice for partial occupancy of a portion of a building or structure under construction, when that portion of the building or structure is self- contained and the requirements set out in section 11.55, have been met with respect to it. Page 34 of 46 11.58 A final inspection notice may not be issued unless (a) the requirements of section 11.55 have been met; (b) all special conditions for which the permit has been issued have been met; (c) all aspects of the work requiring inspection and review pursuant to Part 10 and sections 11.29 through 11.36 of this bylaw have both been inspected and accepted; (d) the owner has executed and delivered to the City every agreement, instrument or form required by the City in relation to the work or the site; and (e) all required offsite works respecting safety have been completed. PART 12: EROSION & SEDIMENT PROVISIONS 12.1 Subject to bylaws of the City and other enactments regarding environmental protection, erosion and sediment control practices must be employed at all times throughout the duration of a permit, including (a) Roadways fronting the disturbed area are to be swept free and cleaned on a regular basis (once a day or more frequently during rain events). Flushing of the roadway is prohibited; (b) Install and maintain drop and / or curb inlet sediment barriers around any catch basins, on all road frontage catch basins and lawn basins collecting runoff from the construction site; (c) Excavated/imported soils are not to be stockpiled or unloaded on road allowances, curbs, or sidewalks and if soils are stockpiled within the boundary of the lot, then the stockpiles must be covered with polyethylene sheeting and weighted down. Breaks in the cover must be repaired immediately; and (d) Temporary graded areas, such as housing lots, must be protected from erosion through the use of straw, mulch and/or polyethylene tarps in non-traffic areas and a gravel cap in zones of construction traffic. Final graded or landscaped areas must have the appropriate permanent surface protection or landscaping in place as soon as possible. PART 13: TEMPORARY BUILDINGS 13.1 Subject to bylaws of the City and orders of Council, the building official may issue a building permit for the erection or placement of a temporary building for occupancy if (a) the building complies with the City's Zoning Bylaw, as amended or re- enacted from time to time, built in compliance with the Building Code and this bylaw, and connected, as required by enactments, to City utility services; and (b) the permit is for a period not exceeding one year. 13.2 An application for a building permit for a temporary building must be made on the form prescribed by the building official, signed by the owner or agent, and must include Page 35 of 46 (a) plans and supporting documents showing the location and building height of the building on the parcel; (b) plans and supporting documents showing construction details of the building; (c) a statement by the owner indicating the intended use and duration of the use; (d) 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; (e) in the case of a temporary building, information to comply with article 1.1.1.1(2)(f), Division A of the Building Code; (f) as required by the City, a report or drawing by an engineer, architect or designer confirming compliance with the Building Code, this bylaw, the City 's Zoning Bylaw and other applicable bylaws as amended or re-enacted from time to time; (g) security in the form of cash or a letter of credit for 25% of the value of the temporary building, which security (i) may be used by the City 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. 13.3 Before receiving a building permit for a temporary building, the owner must pay to the City the applicable building permit fee and set out in Appendix A. 13.4 A permit fee for a temporary building is not refundable. PART 14: BUILDING MOVE 14.1 No Person shall move or cause to be moved any building into the City or from one parcel to another in the City without first obtaining a Building Permit to carry out such move and to site the building on the parcel to which it is to be moved. 14.2 An application for a building permit for a building move must be made on the form prescribed by the building official, signed by the owner or agent, and must include (a) certification from a Registered Professional that the structure is safe for its intended use including the structure's new foundation and siting; (b) detailed plans and specifications of the proposed relocation and rehabilitation of the building, including additions and renovations to the building; and (c) detailed plans and specifications of the building siting, driveway and other site improvements proposed on the parcel. 14.3 A security in the form of cash or an irrevocable letter of credit without an expiry date, a certified cheque, or cash payment deposited with the City for the amount equal to five (5) percent of the value of the construction to a maximum of $10,000.00. Page 36 of 46 14.4 If the building or part of it is not completed and an occupancy permit has not been issued within a twelve (12) month period subsequent to the issuance of a Building Permit, the Building Official may send a written notice to the owner stating that the building does not comply with this bylaw or other enactment and direct the owner to remedy the non-compliance within thirty (30) days from the date of service of the notice. If the non-compliance is not remedied within the thirty-day period, the City or its agent may enter, tidy and erect screening at the site and the expenses associated with this shall be deducted from the security in section 14.3. 14.5 For clarity other than section14.2(a) these provisions apply to certified factory built houses that meet or exceed CAN/CSA Z240 MH Series or CSA A-277-M1990. 14.6 Before receiving a building permit for a moved building or structure, the owner must pay to the City the applicable building permit fee set out in Appendix A. PART 15: RETAINING WALLS AND GRADES 15.1 Without limiting section 6.1 of this bylaw, a person must not construct, or structurally repair, a retaining wall without a valid building permit. 15.2 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. 15.3 Without limiting section 15.2, no person may occupy a building unless the grade complies with all applicable enactments. 15.4 An application for a building permit for a retaining wall must be made on the form prescribed by the building official, signed by the owner or agent, and must include (a) sealed copies of all design drawings and specifications, including schedules from a registered professional engineer; (b) a site plan with the information as applicable, described in section 11.5(f); 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 retaining wall. 15.6 Before receiving a building permit for a retaining wall, the owner must pay to the City the applicable building permit fee and security deposit set out in Appendix A. PART 16: ELECTRICAL SERVICES 16.1 Where electrical services to buildings are to be upgraded, no building permit shall be issued for new buildings or renovations of commercial, industrial and multi family buildings in the following areas unless all overhead services are directed underground: (a) Downtown Business Improvement & Willow Point Improvement Areas, except those properties where the electrical service is from a lane; (b) Highway 19A from the southern municipal boundary to Orange Point Road, Page 37 of 46 except those properties where the electrical service is from a side road or lane; (c) Highway 19; (d) All arterial and connector roads as defined in the Municipal Specifications in Subdivision and Development Servicing Bylaw, as amended from time to time. PART 17: POOLS Swimming Pool Permits and Fencing 17.1 Without limiting section 6.1 of this bylaw, a person must not construct, or structurally repair, a swimming pool without a valid building permit. 17.2 A swimming pool, must meet all requirements as outlined in other City bylaws and provincial enactments, as amended or re-enacted from time to time. 17.3 An application for a building permit for a swimming pool must be made on the form prescribed by the building official, signed by the owner or agent, and must include (a) all design drawings, specifications, for the swimming pool and swimming pool enclosure, and if the swimming pool is situated near a hillside, schedules from a registered geotechnical engineer; (b) a site plan with the information as applicable, described in section 11.5(f); 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 a swimming pool. 17.4 Before receiving a building permit for a swimming pool, the owner must pay to the City the applicable building permit fee and security deposit set out in Appendix A. Enclosure or Fencing for Swimming Pools, Spas and Hot Tubs 17.5 A swimming pool, 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 1.22m and no openings greater than 100mm at their greatest dimension. 17.6 Access through a fence enclosing a swimming pool, spa or hot tub must be only through a self- closing and self-latching gate designed and constructed or installed so as to cause the gate to return to a closed position when not in use and secured by a latch located on the swimming pool, spa or hot tub side of the gate. Where the access to the swimming pool is from a dwelling located on the same property as the swimming pool, the access may be directly from the dwelling. 17.7 All openings or gates in the fence or barrier must be locked closed when not in use. 17.8 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 17.9 A person may not fill with or allow to remain full of water, use or occupy a swimming pool, unless the owner or occupier of property on or in which a pool is located maintains every fence or cover Page 38 of 46 required under sections 17.5 to 17.8 in good order and without limitation maintains and repairs in good order at all times all sagging gates, loose parts, torn mesh, missing materials, worn latches, locks or broken or binding members. Leaks or Other Failures 17.10 A person may not obtain a valid and subsisting building permit for or use or occupy a swimming pool, other than a soft sided 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 18: FLOATING BUILDINGS AND STRUCTURES 18.1 This section includes both floating buildings and marinas, 18.2 Without limiting section 6.1 of this bylaw, a person must not moor, construct, or structurally repair, a floating building or marina without a valid building permit. 18.3 All floating buildings, and marina structures shall be subject to the following (a) the floatation system must be designed according to accepted marine engineering and naval architectural principles, and must be approved and sealed by a professional engineer qualified in such design; (b) all structural elements must be designed and certified by a structural engineer; (c) be designed and constructed in conformance with the British Columbia Float Home Standard, British Columbia Building, Plumbing & Fire Codes, and all other applicable bylaws and enactments, as amended from time to time; (d) public washroom facilities connecting to a public sewer system or sewer discharge otherwise approved by the Province shall be provided within floating buildings or must be constructed on land; and (e) Fire Safety Plan must be submitted with application detailing fire fighting access which is acceptable to and approved by the Fire Chief or designate. 18.4 Before receiving a building permit for the mooring, construction or structural repair of a floating building or construction or structural repair of a marina, the owner must pay to the City the applicable building permit fee and security deposit set out in Appendix A. PART 19: DEMOLITION 19.1 Without limiting section 6.1 of this bylaw, a person must not demolish a building or structure without a valid building permit. 19.2 An application to demolish a building or structure must be made on the form prescribed by the building official, signed by the owner or agent, and must include or ensure (a) a site plan that clearly indicates the building or structure to be demolished; (b) that all municipal services are capped and terminated to City standards; (c) include a hazardous materials survey in accordance with WorkSafe Page 39 of 46 BC regulations; (d) provide the City a vacancy date; and (e) pay disconnection and capping fees as set out in the City's bylaws governing waterworks, sanitary and storm sewer, as amended or re-enacted from time to time. 19.3 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 delayed, permanent type fencing with privacy screen complying with the City zoning bylaw, as amended or re-enacted from time to time, must be erected around the building site for protection to the public. 19.4 Where City owned water meters and appurtenances are decommissioned as part of the services disconnection process, they must be returned to the City within 30 days of removal. 19.5 Before receiving a building permit for the demolition of a building or structure, the owner must pay to the City the applicable demolition permit fee and security deposit set out in Appendix A. PART 20: BUILDING NUMBERING 20.1 Immediately upon issuance of a building permit governing the construction, alteration or repair of a building, or prior to and during the occupancy of a building, the owner, constructor or occupant must display the address number assigned to it by the City (a) at or near the entrance to the building or on the building property, be of a size and contrasting colour, to be readily visible from the adjacent highway that is not a lane; and (b) until such time as the building is removed from the site or has been demolished. 20.2 Despite section 20.1, the City may renumber or alter the assigned numbers in respect of any building, on any parcel, including those already in existence or numbered. PART 21: EMERGENCY VEHICLE ACCESS ROUTES 21.1 Prior to the issuance of a building permit for a building under Part 9 of the Building Code, that incorporates private roadways, other than driveways serving one and two dwellings on independent lots, details must be submitted confirming the building or structure for which the permit is issued, will be served by a fire access route satisfying the following (a) the access route must comply with the gradient, radius, clearance, width, turnaround and public through fare connection standards as determined in Part 3.2.5.6 of the building code, as amended or replaced from time to time; and (b) the access route must comply with the bearing load and surface material standards as required for the City's Local Road Standards in the Development and Subdivision Servicing Bylaw as amended or replaced from time to time. Page 40 of 46 PART 22: ENERGY CONSERVATION & GHG REDUCTION 22.1 Notwithstanding section 22.2 and the requirement for a building to comply with a step described in 9.36.6 of Division B of the building code, a permit for a building of other than new construction or substantial reconstruction may comply with the prescriptive requirements of 9.36.2 to 9.36.4 of Division B of the building code, as amended or replaced from time to time. 22.2 A permit for a building required by the building code to be designed and constructed to meet the performance requirements specified in the BC Energy Step Code, must comply with this part. 22.3 Without limiting sections 11.3 and 11.5 building permit applications must include on the submitted drawings confirmation the design as proposed, complies with the Step Code. 22.4 Without limiting section 11.55(g) confirmation of as built compliance with the Step Code must be submitted prior to receiving an occupancy inspection notice. 22.5 For a building of new construction, regulated by Part 9 of the Building Code (a) the application for a building permit for the building must include a Pre-Construction BC Energy Compliance Report - Performance Paths for Part 9 Buildings: Pre- Construction Form (in the latest form from time to time published by the Province of British Columbia), prepared and signed by an Energy Advisor, and such other reports, documentation and materials as may be required by the building official with respect to Step Code compliance; and (b) prior to the issuance of an occupancy permit for the building, the owner must provide the City with a BC Energy Compliance Report - Performance Paths for Part 9 Buildings: As-Built Form (in the latest form from time to time published by the Province of British Columbia), prepared and signed by an Energy Advisor, and such other reports, documentation and materials as required by the building official with respect to Step Code compliance. 22.6 When an energy advisor or registered professional, as required, provides energy reports or field reviews in accordance with this bylaw, the City will rely solely on the field reviews undertaken by the energy advisor or registered professional and the reports submitted pursuant to this bylaw as assurance that the construction or applicable aspect thereof substantially conforms to the design, and that the construction of applicable aspect thereof substantially complies with the Building Code, this bylaw, and other applicable enactments respecting energy efficiency. 22.7 Any energy advisor providing documentation as set out in the Step code must provide confirmation to the City they are an energy advisor registered and in good standing with Natural Resources Canada. PART 23: OFFENCES, ENFORCEMENT & PENALTIES Violations 23.1 Without limiting Part 5 of this bylaw, every person who (a) violates a provision of this bylaw; (b) permits, suffers or allows any act to be done in violation of any provision of this bylaw; and Page 41 of 46 (c) neglects to do anything required to be done under any provision of this bylaw; commits an offence and on summary conviction by a court of competent jurisdiction, the person is subject to a fine of not more than $10,000.00, or a term of imprisonment not exceeding three months, or both, in addition to the costs of prosecution. Each day during which a violation, contravention or breach of this bylaw continues is deemed to be a separate offence. 23.2 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. 23.3 Every person who commences work requiring a building permit without first obtaining such a permit must, if a Stop Work notice is issued and remains outstanding for 30 days, pay an additional charge as outlined in Appendix A of this bylaw. Deemed Offence 23.4 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. 23.5 No person is deemed liable under section 23.4 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. 23.6 Nothing in section 23.5 affects (a) the City'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. Ticketing 23.7 The offences in Appendix B are designated for enforcement under s. 264 of the Community Charter. 23.8 The following persons are designated as bylaw enforcement officers under section 264(1) (b) of the Community Charter for enforcing the offences in Appendix B: building officials, fire inspectors and persons designated by Council as bylaw enforcement officers. 23.9 The words or expressions set forth in Column 1 of Appendix B are authorized pursuant to s. 264(1)(c) of the Community Charter to designate the offence committed under the bylaw section number appearing in Column 2 opposite the respective words or expressions. 23.10 The amounts appearing in Column 3 of Appendix B are the fines established pursuant to s. 265(1)(a) of the Community Charter for the corresponding offence designated in Column 1. PART 24: APPENDICIES 24.1 Appendices A & B are attached to and form part of this bylaw. PART 25: SEVERABILITY 25.1 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 Page 42 of 46 portions of this bylaw. Every permit issued under this bylaw is issued expressly subject to the provisions of this Part. PART 26: REPEAL 26.1 Building Regulation BYLAW No. 3060, 2003, as amended, is repealed. PART 27: IN FORCE READ THE FIRST TIME this 1st day of June 2023 READ THE SECOND TIME this 1st day of June 2023 READ THE THIRD TIME this 1st day of June 2023 ADOPTED this 29th day of June 2023 Signed by the Mayor and Corporate Officer this day of 2023 Kermit Dahl, MAYOR Sheila Girvin, CORPORATE OFFICER 6th July Original signed by Mayor K. Dahl Orginal signed by S. Girvin Page 43 of 46 APPENDIX "A" Building Bylaw No. 3899, 2023. Appendix A - Building Permit Fees & Securities Building Permit Fee Value of Construction not exceeding $5,000.00 Simple Building Minimum fee $150.00 Complex Building Minimum Fee $2500.00 Value of Construction Over $5,000.00 but less than $100,000.00 $150.00; plus $10.00 for each $1,000.00 of value of construction or portion there of. Value of Construction Over $100,000.00 but less than $400,000.00 $1100; plus $9.00 for each $1,000.00 of value of construction or portion there of, from $100,000.00 up to $400,000.00 Value of Construction Over $400,000.00 $3800; plus $8.00 for each additional $1,000.00 of value of construction or portion there of, for more than $400,000.00 Demolition $250.00 Building Move Building permit base Fee $150; plus $10.00 per $1000.00 of value of construction Building Permit for new float home or marina structures $1.00 per sq. ft. of gross floor area Construction without a valid permit Double the building permit fee. Plumbing Fees Up to two plumbing fixtures Base fee $150.00 Three or more plumbing fixtures Base fee; plus $8.00 per additional fixture Fire suppression systems Base fee: plus $0.75 per sprinkler head Fire protection system Base fee; plus $100.00 per standpipe, hydrant or hose connection Water, Sanitary and storm Connection Fee Base fee; plus $50.00 for each connection Irrigation systems Base Fee $150.00; plus $25.00 per zone. Construction of plumbing without a valid permit $500.00 in addition to the regular permit Fees Page 44 of 46 Inspection and Other Fees Re-inspection $75.00 Plan Review fee $150.00 per hour Special inspection fee $150.00 Transfer of Permit $35.00 Stop Work exceeding 30 Days $100.00 Building Permit Extension $150.00 Remove Notice on Title Note: Community charter s.57 $500.00 Security Deposits Value of Construction $0.00 - $5,000 $5001 - $100,000 $100,001 - $400,000 $400,001 + Temporary building Moved Building Demolition $500.00 $1500.00 $2500.00 $3500.00 25% of the value of the building 5% of the value of construction to a max. of $10,000.00 $3500.00 Page 45 of 46 APPENDIX "B" Building Bylaw No. 3899, 2023. Appendix B - Offences COLUMN 1 COLUMN 2 COLUMN 3 DESIGNATED EXPRESSION SECTION FINE Interference with building official's right of entry 7.6 $300.00 Construction without building permit 11.1 $300.00 Demolition without building permit 11.1(c) $300.00 Moving building without building permit 11.1(b) $300.00 Failure to have permit and supporting documents on site 8.3(b) $100.00 Unsafe site 8.5(c) $500.00 Failure to post civic address 8.5(a) $100.00 Failure to comply with permit conditions 8.3(a) $300.00 Failure to obtain occupancy inspection notice 11.54 $300.00 Unsafe condition 7.7(h) $500.00 Failure to clear all debris and fill 18.3 $300.00 Failure to obtain building official's written acceptance prior to concealing work 11.35 $100.00 Failure to stop work after a registered professional's services are terminated 11.39 $500.00 Violation of Stop Work Order 11.37 $500.00 Violation of Do Not Occupy Notice 11.44 $500.00 Failure to Install or Maintain Erosion and Sediment Control Provisions 12.1 $100.00 Tampering with Posted Notice 5.5 $300.00