This is the exact embedded text of the captured official document.
Snapshot d9fa0d82de96 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Consolidated: March 16, 2021
City of Chilliwack
Bylaw No. 2970
A Bylaw for the Administration and Enforcement of the Building Code
__________________________________________________________
WHEREAS the Province of British Columbia has enacted the British Columbia Building Code
to govern standards in respect of the construction, alteration, repair and demolition of buildings
and structures in municipalities and regional districts in the Province;
AND WHEREAS the Province by enactment has authorized Council, for the health, safety and
protection of persons and property, to regulate the construction, alteration, repair or demolition
of buildings and structures by Bylaw;
NOW THEREFORE the Council of the City of Chilliwack, in open meeting assembled, enacts
as follows:
1.
This Bylaw may be cited as "Building Regulation Bylaw 2003, No. 2970".
2.
Every reference to this Bylaw in this or another City Bylaw is a reference to this or the
other Bylaw as amended as of the date of the reference.
3.
"Building Bylaw 1991, No. 1614" as amended is repealed.
PART 1
INTERPRETATION
4.
In this Bylaw the following words and terms have the meanings set out in Division A -
Sub-Section 1.4.1 of the British Columbia Building Code: (AB #3380)
"assembly", "building", "building area", "building height", "business and personal
services occupancy", "care or detention occupancy", "constructor", "coordinating
registered professional", "designer", "excavation", "field review", "firewall", "high
hazard industrial occupancy", "industrial occupancy", "low hazard industrial
occupancy", "major occupancy", "mercantile occupancy", "medium hazard industrial
occupancy", "occupancy", "owner", "private sewage disposal system", "registered
professional", "registered professional of record" (AB #3756), "residential occupancy" or
"unsafe condition".
5.
In this Bylaw:
"accepted" means reviewed by the chief building official under the applicable provisions
of the Building Code and this Bylaw;
Building Regulation Bylaw 2003, No. 2970"- Page 2
Consolidated: March 16, 2021
INTERPRETATION (continued)
"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 person, firm or corporation representing the owner, by written
designation or contract, and also includes a hired tradesperson or constructor who
may be granted permits for work within the limitations of his or her licence;
"alteration" means a change, repair or modification of the construction or arrangement of
any building or structure, or to an occupancy regulated by this Bylaw;
"Building Code" means the British Columbia Building Code 2006 as adopted by the
Minister responsible under provincial legislation, as amended or re-enacted from
time to time; (AB #3380)
"building official" includes building inspectors, plan checkers and plumbing inspectors
designated or appointed by the City;
"chief building official" means the person designated in or appointed to that position by
the City, and any person named by Council to act in place of the chief building
official;
"complex building" means:
(1)
a building used for major occupancies classified as:
(a)
assembly occupancies,
(b)
care or detention occupancies, or
(c)
high hazard industrial occupancies, or
(2)
a building exceeding 600 square metres in building area or exceeding three
storeys in building height used for major occupancies classified as:
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies;
"construct" includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
"designer" means the person responsible for design and, unless the requirement is
waived under an enforcement policy of the Council, if required under this Bylaw
or the Building Code must be an architect or professional engineer registered and
licensed as such under the laws of British Columbia;
"existing, in respect of building" means that portion of a building constructed prior to the
submission of a permit application required under this Bylaw;
"multi-family residential" describes a building containing more than one residential
occupancy, where each residential occupancy does not have more than one stove
or other cooking facility;
Building Regulation Bylaw 2003, No. 2970"- Page 3
Consolidated: March 16, 2021
INTERPRETATION (continued)
"owner" includes the agent of the owner;
"permit" means permission or authorization in writing by the chief building official to
perform work regulated by this Bylaw and, in the case of occupancy permit, to
occupy a building or part of a building;
"pool" means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has
a depth exceeding 0.5 m;
"premium plan review" means a building permit application plan review and process
during non-regular working hours in order to reduce the turn-around time for a
building permit review. The review is conducted after a formal request from an
owner/applicant who is prepared to pay a premium rate as set out in Schedule
"B" for the premium plan review;" (AB #3032)
"professional design" means the plans and supporting documents bearing the date, seal
or stamp, and signature of registered professional
"project" means any construction operation;
"protection" describes an enactment made for the health, safety and protection of persons
and property;
"retaining wall" means a wall, or a series of walls, constructed for the purpose of
supporting or confining earth, water or other material and restraining it from
moving:
(1)
if the wall exceeds 1.22m (4ft) in height above the lesser of natural or finished
grade;
(2)
in the case of a series of walls, if any of the walls extend above a line
commencing 1.22 metres above the lesser of natural or finished grade at the base
of any of the walls and projected at an angle of one linear unit vertically to one
unit horizontally;
"simple building" means a building of three storeys or less in building height, having a
building area not exceeding 600 square metres and used for major occupancies
classified as:
(1)
residential occupancies,
(2)
business and personal services occupancies,
(3)
mercantile occupancies, or
(4)
medium and low hazard industrial occupancies;
"stacked rock wall" means any non-mortared or non-reinforced wall consisting of rock
or boulder units greater than 250mm in the least dimension or .027 m3 in volume
where each rock or boulder unit is not:
(1)
buried in native, solid bearing ground to a depth not less than one third its
diameter and volume; and
(2)
located on land generally sloping less than 3 horizontal to 1 vertical;
Building Regulation Bylaw 2003, No. 2970"- Page 4
Consolidated: March 16, 2021
INTERPRETATION (continued)
"structure" means a construction or portion thereof, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and
retaining structures less than 1.22 metres in height;
"value of the work" means that amount that is calculated as follows:
(1)
for construction of a building containing a residential occupancy that is served by
only one stove, or two stoves if permitted as an auxiliary and secondary
residential occupancy, the greater of:
(a)
the declared value of the work, or
(b)
the value calculated using Schedule C; or
(2)
for all other construction, the greater of:
(a)
the declared value of the work, or
(b)
the value calculated using a method stipulated in the "Marshall
Valuation Service".
6.
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, taking into account the specialized use of terms with
the various trades and professions to which the terminology applies.
ADMINISTRATIVE DIRECTIONS
7.
Words defining the authority of the chief building official are to be construed as internal
administrative directions and not as creating a duty.
ABBREVIATIONS
8.
The abbreviations of words and phrases in this Bylaw shall have the meanings assigned
to them by the Building Code.
PART 2
PURPOSE OF BYLAW
9.
Despite any other provision in this Bylaw, this Bylaw is to be interpreted in accordance
with this Part.
10.
This Bylaw is enacted for the purpose of regulating construction in the City in the
general public interest.
11.
The activities undertaken by or on behalf of the City under this Bylaw are for the sole
purpose of providing a limited and interim spot checking.
Building Regulation Bylaw 2003, No. 2970"- Page 5
Consolidated: March 16, 2021
PURPOSE OF BYLAW (continued)
12.
The purpose of this Bylaw does not extend to:
(1)
the protection of owners, owner/builders or constructors from economic loss;
(2)
the assumption by the City or any building official of any responsibility for
ensuring the compliance by any owner, his or her representatives or any
employees, constructors or designers retained by him or her, with the Building
Code, the requirements of this Bylaw or any other applicable codes or standards;
(3)
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;
(4)
providing a warranty or assurance that construction undertaken pursuant to
building permits issued by the City is free from latent, or any, defects.
PART 3
APPLICATION
13.
This Bylaw applies to the geographical area of the City of Chilliwack and to land, the
surface of water, air space, buildings and structures in the City of Chilliwack.
14.
This Bylaw applies to the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, removal, relocation and
occupancy of existing buildings and structures.
15.
This Bylaw does not apply to:
(1)
a fence permitted to be constructed under the City's Zoning Bylaw, in force from
time to time;
(2)
an accessory building with a floor area less than 10 square metres, a trellis, an
arbour, a wall supporting soil less than 4 feet in height, and other such landscape
features on a parcel zoned for single family residential occupancy uses under the
City's Zoning Bylaw, in force from time to time, if the building or structure
complies with the siting requirements of the Zoning Bylaw, in force from time to
time;
(3)
non-structural repair and maintenance of lawfully conforming structures on a
parcel zoned for single family residential occupancy uses under the City's Zoning
Bylaw, in force from time to time;
(4)
a building or structure exempted by Part 1 of the Building Code except as
provided in this Bylaw;
(5)
public works located on a highway or within an easement or statutory right of
way;
(6)
mechanical or other equipment and appliances not regulated under this Bylaw or
the Building Code.
Building Regulation Bylaw 2003, No. 2970"- Page 6
Consolidated: March 16, 2021
LIMITED APPLICATION TO EXISTING BUILDINGS
16.
Except as provided in the Building Code, 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 or altered, unless it is by this or
another bylaw, regulation or statute expressly so provided.
17.
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.
18.
If an existing building or a structure is damaged by fire, decay, storm, earthquake or
otherwise to an extent greater than 75 percent of its assessed value as of the date of the
damage above its foundations, this Bylaw, the Building Code and the British Columbia
Fire Code Regulation apply to the work necessary to reconstruct damaged portions of the
building or structure and to correct any contraventions of these codes in the remainder of
the building or structure.
19.
If an alteration is made to an existing building the alteration must comply with this
Bylaw and the Building Code;
PART 4 POWERS, ROLES AND RESPONSIBILITIES
ADMINISTRATION OF BYLAW
20.
The chief building official may keep records of applications received, permits and orders
issued, inspections and tests, and retain copies of papers and documents connected with
the administration of this Bylaw.
REFUSAL TO ISSUE PERMIT
21.
The chief building official may refuse to issue a permit if in his or her opinion the
proposed work will contravene the requirements of the Building Code or the provisions
of this or any other bylaw of the City.
REVOCATION OF PERMIT
22.
The chief building official may revoke a permit if in his or her 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, or if all
permits required under this Bylaw have not been obtained.
CONFORMITY TO BUILDING CODE
23.
The chief building official may establish or require the 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.
Building Regulation Bylaw 2003, No. 2970"- Page 7
Consolidated: March 16, 2021
RIGHT OF ENTRY
24.
The chief building official may enter on property at any time in order to ascertain
whether the requirements of this Bylaw are being met.
CONSENT OR NOTICE
25.
If a building permitted under the City's Zoning Bylaw, in force from time to time, to be
used for a residential occupancy is occupied, the chief building official must, prior to
entry in the residence under Section 24:
(1)
obtain the prior consent of an occupant; or
(2)
deliver to an occupant at least 24 hours' written notice of the proposed entry.
CREDENTIALS
26.
The chief building official must ensure that persons entering on property under Sections
24 and 25 are in possession of credentials which identify them as his or her authorized
representatives.
TESTS
27.
The chief building official may direct that tests of materials, equipment, devices,
construction methods, structural assemblies or foundations be made, or sufficient
evidence or proof be submitted at the expense of the owner, 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.
POWERS
28.
The chief building official may order
(1)
a person who contravenes any provision of this Bylaw to comply with the
provision within the time period ordered;
(2)
work to stop on the building or structure or any part of it, if the work is
proceeding in contravention of this Bylaw, the Building Code, or any other
enactment of the City or other applicable enactments respecting protection or if
there is an unsafe condition, and may enter on the property to affix or post a stop
work order in the form of Schedule I;
(3)
the removal of any unauthorized encroachment on public property;
(4)
the removal of any building, structure or part of them constructed in
contravention of a provision of this Bylaw;
(5)
the cessation of any occupancy in contravention of a provision of this Bylaw;
(6)
the cessation of any occupancy if any unsafe condition exists because of work
being undertaken or not completed;
(7)
the correction of any unsafe condition; and
(8)
the correction of any work which contravenes this Bylaw, the Building Code or
any other enactments of the City.
and every person served with an order under this section must comply with the order.
Building Regulation Bylaw 2003, No. 2970"- Page 8
Consolidated: March 16, 2021
OWNER'S AND CONSTRUCTOR'S RESPONSIBILITIES
ALTERNATIVE SOLUTIONS
29.
Every owner who wishes to provide an alternative solution to satisfy one or more of the
requirements of the Building Code or this Bylaw must submit sufficient evidence to
demonstrate that the proposed alternative solution will provide the level of performance
required by the Building Code or this Bylaw and pay the non-refundable fee set out in
Schedule B. (AB #3380)
OWNER'S UNDERTAKINGS
30.
Despite the other provisions of this Bylaw, the chief building official may require as a
condition of the issuance of a building permit that the owner execute and submit to the
City the owner's undertaking form set out in Schedule D.
OWNER'S RESPONSIBILITY
31.
Every owner, or his or her agent, must carry out construction or have the construction
carried out in accordance with the requirements of the Building Code, this Bylaw and the
other bylaws of the City and neither the issuance of a permit under this Bylaw, the review
of plans and supporting documents, nor inspections made by the chief building official or
a registered professional relieve the owner, or his or her agent, from full and sole
responsibility to perform the work in strict accordance with this Bylaw, the Building
Code and other applicable enactments.
32.
Every owner must allow the chief building official and any person authorized by the
chief building official to act on his behalf to enter any building or premises at any
reasonable time for the purpose of administering and enforcing this Bylaw.
33.
Every owner must obtain all required permits or approvals prior to commencing the work
to which they relate.
34.
Every owner must ensure that the permit, the plans and specifications on which the
issuance of the building permit was based, all municipal inspection certificates, and
professional field reviews are available at the site of the work for inspection during
working hours by the chief building official and that the permit placard is posted
conspicuously on the site during the entire execution of the work authorized by the
permit.
35.
Every owner must ensure that all construction complies with the Building Code, this
Bylaw and other applicable enactments respecting safety.
36.
Every owner to whom a permit is issued is responsible for the cost of repair of any
damage to municipal works that occurs in the course of the work authorized by the
permit.
37.
Every owner to whom a permit is issued must, during construction post the civic address
on the property in a location visible from any adjoining streets.
Building Regulation Bylaw 2003, No. 2970"- Page 9
Consolidated: March 16, 2021
NOTICE
38.
Every owner must, at least 48 hours prior to commencing work at the building site, give
notice to the chief building official of the date on which the owner intends to begin such
work.
39.
Every owner must give notice in writing to the chief building official of any change in or
termination of engagement of a registered professional during the course of the
construction immediately when the change or termination occurs.
40.
If an owner terminates the engagement of a registered professional the owner must
terminate the work until the owner has engaged a new registered professional, and has
delivered to the chief building official letters of assurance.
41.
Without limiting Sections 101 to 105, every owner must give notice to the chief building
official with at least 24 hours' warning:
(1)
of intent to do work that is required or ordered to be inspected during
construction;
(2)
of intent to cover work that has been ordered to be inspected prior to covering;
and,
(3)
when work has been completed so that a final inspection can be made.
42.
Every owner must give notice in writing to the chief building official and pay the non-
refundable fee set out in Schedule B immediately upon any change in ownership or
change in the address of the owner which occurs prior to the issuance of an occupancy
permit.
43.
Every owner must give such other notice to the chief building official as may be required
by the chief building official or by a provision of this Bylaw.
UNCOVERING WORK
44.
When required by the chief building official, every owner must uncover and replace at
the owner's own expense any work that has been covered without inspection contrary to
this Bylaw or an order issued by the chief building official.
SECURITY DEPOSIT
45.
In addition to a security deposit under Sections 79 to 83, every owner must pay to the
City, within 30 days of receiving an invoice for same from the City, the cost of repair of
any damage to public property or City works or services that may occur as a result of
undertaking work for which a permit was required.
REQUIREMENTS OF PERMIT
46.
Every owner must comply with the requirements of this Bylaw and the conditions of a
permit and must not omit work required by this Bylaw or the conditions of a permit.
Building Regulation Bylaw 2003, No. 2970"- Page 10
Consolidated: March 16, 2021
OCCUPANCY PERMIT
47.
Every owner must obtain an occupancy permit from the chief building official under
Sections 126 to 128 prior to any occupancy of:
(1)
a new building or structure; or
(2)
a partial occupancy of a building or structure under construction, but only if that
portion of the building or structure is self-contained and provided with essential
services respecting health and safety.
UNSAFE CONDITION
48.
When a building or part thereof is in an unsafe condition, the owner must immediately
take all necessary action to put the building in a safe condition.
DEMOLITION
49.
Upon obtaining a building permit to demolish a structure the owner must: (AB #3380)
(1)
provide a vacancy date, and
(2)
pay capping and inspection chamber installation fees as set out in the City's
bylaws governing waterworks and sewers.
50.
Prior to demolishing a structure all municipal services must be capped and terminated at
the property line in a City standard inspection chamber and valve arrangement.
(AB #3380)
51.
Every owner must ensure that on completion of demolition procedures, all debris and fill
is cleared and the site levelled or graded.
OBLIGATIONS OF CONSTRUCTOR
52.
Every constructor must ensure that all requirements of the Building Code, this Bylaw and
other applicable enactments respecting construction safety are complied with.
53.
Every constructor must ensure that no excavation or other work is undertaken on public
property, or adjacent private property and that no land is disturbed, building erected or
materials stored in whole or in part thereon, without first having obtained approval in
writing from the appropriate authority over such public or private property.
54.
Every constructor is responsible jointly and severally with the owners for any work
actually undertaken.
Building Regulation Bylaw 2003, No. 2970"- Page 11
Consolidated: March 16, 2021
REGISTERED PROFESSIONALS' RESPONSIBILITIES
PROFESSIONAL DESIGN AND FIELD REVIEW
55.
If a building official considers that the site conditions, size or complexity of a
development or an aspect of a development warrant, he or she may require the owner to
retain a registered professional of record (AB #3756)to provide design and plan
certification and field review supported by letters of assurance in the form of Schedule A,
B, C-A and C-B referred to in Division C - Sub-Section 2.2.7 of the Building Code.
(AB #3380)
56.
Prior to the coordinated preoccupancy site review for a complex building, or final
inspection for a simple building in circumstances where letters of assurance have been
required in accordance with the requirements of this Bylaw, the owner must provide the
City with letters of assurance in the form of Schedules C-A or C-B, as appropriate,
referred to in Division C - Sub-Section 2.2.7 of the Building Code. (AB #3380)
57.
If a registered professional of record provides letters of assurance in accordance with
the requirements of this Bylaw, he or she shall also provide proof of professional
liability insurance and errors and omissions insurance to the chief building official with
coverage and limits adequate to permit the City, the owner or a third party to recover
damages and costs from the registered professional in respect of any cause, claim or
action that might arise as a result of professional liability/error or omission of the
registered professional of record. (AB #3756)
REQUIREMENT FOR REGISTERED PROFESSIONAL
58.
The owner must provide professional design and a field review in respect of a building
permit for:
(1)
a complex building;
(2)
a simple building constructed on, or contiguous to, a complex building;
(3)
structural components of buildings that fall within the scope of Division B - Part
4 of the Building Code;
(4)
foundation and excavation components of new simple buildings in schedule area
(i.e. geotech area) in the area shown on Schedule E;
(5)
a building that is designed with common egress systems for the occupants and
requires the use of firewalls according to the Building Code;
(6)
alterations to a building or structure falling under the circumstances set out in
subsections 58(1), (2) or (3);
(7)
a building or structure subject to Section 55 in respect of which the chief building
official determines that site conditions, size or complexity so warrant in the
interests of health and safety of persons or protection of persons and property;
(8)
the building envelope components of all buildings under Division B - Part 3 of
the Building Code, all residential buildings that contain more than two dwelling
units, and all other buildings whose building envelopes do not comply with the
prescriptive requirements of Division B - Part 9 of the Building Code; and, (AB#3380)
Building Regulation Bylaw 2003, No. 2970"- Page 12
Consolidated: March 16, 2021
REQUIREMENT FOR REGISTERED PROFESSIONAL (continued)
(9)
a building or structure on a parcel the chief building official believes is subject to
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
professional design and a field review is in addition to a requirement under an
enactment 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 that the plans submitted with the application comply with the relevant
provisions of the Building Code and applicable bylaws of the City.
59.
The requirement for professional design and field review in Section 58 may be waived by
the chief building official for work involving minor tenant improvements if Council has
adopted a policy respecting enforcement in relation to minor tenant improvements.
60.
The chief building official may require the registered professional carrying out the
professional design and field review of a building envelope to provide evidence that he
or she has experience and expertise in respect of the design and field review of building
envelopes.
PROFESSIONAL PLAN CERTIFICATION
61.
The letters of assurance in the form of Schedules A and B referred in Division C - Sub-
Section 2.2.7 of the Building Code are relied upon by the City and its building officials
as certification that the design and plans to which the letters of assurance relate comply
with the Building Code and other applicable enactments relating to protection.
(AB #3380) (AB #3756)
62.
A building permit issued for the construction of a complex building, or for a simple
building for which a building official required professional design under Sections 74, 75
and 76 must be in the form of Schedule F, and letters of assurance pursuant to Sections
74 and 76 of this Bylaw must be in the form of Schedules A and B referred to in Division
C - Sub-Section 2.2.7 of the Building Code. (AB #3380) (AB #3756)
63.
A building permit issued pursuant to Section 62 of this Bylaw must include a notice to
the owner that the building permit is issued in reliance upon the certification of the
registered professional of record that the design and plans submitted in support of the
application for the building permit comply with the Building Code and other applicable
enactments relating to protection. (AB #3756)
64.
When a building permit is issued pursuant to Section 63 of this Bylaw the permit fee
must be reduced by 25% of the fees payable under Schedule B to this Bylaw. (AB #3380)
PERMIT CONDITIONS
65.
A permit is required whenever work regulated under this Bylaw is to be undertaken.
Building Regulation Bylaw 2003, No. 2970"- Page 13
Consolidated: March 16, 2021
OWNER RESPONSIBILITY
66.
The issuance of a permit under this Bylaw, the acceptance or review of plans, drawings
or specifications or supporting documents or inspections made by or on behalf of the
City do not:
(1)
relieve the owner or his or her representatives from full and sole responsibility to
perform the work in strict accordance with the Building Code, this Bylaw and all
other codes, standards and applicable enactments;
(2)
constitute in any way a representation, warranty, assurance or statement that the
Building Code, this Bylaw or any other applicable standards or enactments have
been complied with; or
(3)
constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship,
and no person may rely on any of those acts as establishing compliance with the Building
Code or this Bylaw or any standard of construction.
67.
It is the full and sole responsibility of the owner (and if the owner is acting through a
representative, the representative and the owner) to carry out the work in respect of
which the permit was issued in compliance with the Building Code, this Bylaw and all
other applicable codes, standards and enactments.
PART 5 BUILDING PERMIT
REQUIREMENTS BEFORE APPLYING FOR BUILDING PERMIT
68.
Prior to submitting an application for a building permit, the owner must satisfy the
following requirements or conditions:
(1)
issuance of a development permit in an area designated by the City's official
community plan as a development permit area;
(2)
compliance of the proposed building or structure with all City bylaws, 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;
(3)
the signing by the City Approving Officer of the subdivision plan that, once
registered, would create the parcel on which the building or structure is proposed
to be constructed;
(4)
documentation to provide evidence to the chief building official that the person
applying for the proposed building permit is the owner of the parcel that is the
subject of the proposed building permit application, or is the agent of the owner;
and,
(5)
if the parcel that is the subject of the proposed building permit application is not,
or is not intended to be, connected to the City's sewage disposal system, approval
of an alternate private sewage disposal system.
Building Regulation Bylaw 2003, No. 2970"- Page 14
Consolidated: March 16, 2021
REQUIREMENTS AND EXEMPTIONS
69.
It is the duty of the owner to make application for and obtain a building permit prior to
commencement of construction or prior to a change in the use, occupancy, or both, of a
building or structure or part of a building or structure.
70.
No person may:
(1)
construct, or
(2)
continue construction
unless the chief building official has issued a building permit for the construction.
APPLICATIONS
71.
Every person must apply for and obtain a building permit:
(1)
before constructing, repairing or altering a building or structure;
(2)
to install or modify a commercial cooking facility or ventilation system used in a
process producing grease laden vapours;
(3)
to install or modify a fire alarm system;
(4)
before moving a building or structure;
(5)
to demolish, before demolishing a building or structure; and,
(6)
before the construction of a masonry fireplace or the installation of a wood
burning appliance or chimney unless the works are the subject of another valid
building permit.
FORM
72.
An application for a permit must be made in the form attached as Schedule A.
DESIGNER
73.
Plans submitted with permit applications must bear the name and address of the designer
of the building or structure.
APPLICATIONS FOR COMPLEX BUILDINGS
74.
An application for a building permit with respect to a complex building must:
(1)
be made in the form attached as Schedule A to this Bylaw, signed by the owner;
(2)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule D to this Bylaw, signed by
the owner;
(3)
include a copy of a title search made within 30 days of the date of the application;
(4)
include a Building Code compliance summary including applicable edition of the
Building Code, Division B - Part 3 or Division B - Part 9 designation, major
occupancy classification(s) of the building, occupant load calculations, building
area and height, number of streets the building faces, accessible entrances, work
areas, washrooms and facilities; (AB #3380)
Building Regulation Bylaw 2003, No. 2970"- Page 15
Consolidated: March 16, 2021
APPLICATIONS FOR COMPLEX BUILDINGS (continued)
(5)
include a copy of a survey plan of the parcel and proposed foundations and
exterior extremities of the building or structure, prepared by a British Columbia
land surveyor, except that the building official may waive the requirements for a
survey plan, in whole or in part, where conditions warrant;
(6)
include a site plan prepared by a registered professional showing:
(a)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(b)
the legal description and civic address of the parcel;
(c)
the location and dimensions of existing and proposed statutory
rights of way, easements and setback requirements, adjacent street
and lane names;
(d)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
(e)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse;
(f)
north arrow;
(g)
location of an approved existing or proposed alternative sewage
disposal system;
(h)
zoning compliance summary;
(i)
the location, dimensions and gradient of parking and parking
access;
(j)
proposed and existing setbacks to property lines;
(k)
natural and finished grade at building corners and significant breaks
in the building plan;
(l)
main floor elevation;
(m)
location, setbacks and elevations of all retaining walls, steps, stairs
and decks;
(n)
line of upper floor;
(o)
location and elevation of curbs, sidewalks, manholes and service
poles;
(p)
location of existing and proposed service connections;
(q)
location and species of all trees greater than 10 cm in diameter;
(r)
location of top of bank and water courses;
(s)
the access routes for firefighting;
(t)
the accessible paths of travel from the street to the building; and,
(u)
the geodetic elevation of the underside of a wood floor system or
the top of finished concrete slab of a building or structure if the
City's land use regulations or provincial flood mapping regulations
establish siting requirements related to minimum floor elevation;
Building Regulation Bylaw 2003, No. 2970"- Page 16
Consolidated: March 16, 2021
APPLICATIONS FOR COMPLEX BUILDINGS (continued)
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;
(7)
include floor plans showing the dimensions and uses of all areas; the dimensions
and height of crawl and roof spaces; the location, size and swing of doors; the
location, size and opening of windows; floor, wall, and ceiling finishes; fire
separations; plumbing fixtures; structural elements; and stair dimensions;
(8)
include a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
(9)
include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, natural and finished grade, and ridge height;
(10)
include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
Building Code;
(11)
include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and ministry of health approval;
(12)
include a letter of assurance in the form of Schedule A as referred to in Division
C - Sub-Section 2.2.7 of the Building Code, signed by the owner, or a signing
officer of the owner if the owner is a corporation, and the coordinating registered
professional; (AB #3380)
(13)
include letters of assurance in the form of Schedule B as referred to in Division C
- Sub-Section 2.2.7 of the Building Code, each signed by such registered
professional as the building official or Building Code may require to prepare the
design for and conduct field reviews of the construction of the building or
structure; and, (AB #3380) (AB #3756)
(14)
include two sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in subsections 74(6) to
74(10) of this Bylaw.
75.
In addition to the requirements of Section 74, the following may be required by a
building official to be submitted with a building permit application for the construction
of a complex building if the complexity of the proposed building or structure or siting
circumstances warrant:
(1)
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 Control Bylaw, in force
from time to time;
(2)
section through the site showing grades, buildings, structures, parking areas and
driveways; and,
Building Regulation Bylaw 2003, No. 2970"- Page 17
Consolidated: March 16, 2021
APPLICATIONS FOR COMPLEX BUILDINGS (continued)
(3)
any other information required by the building official or the Building Code to
establish compliance with this Bylaw, the Building Code and other bylaws and
enactments relating to the building or structure.
APPLICATIONS FOR SIMPLE BUILDINGS
76.
An application for a building permit with respect to a simple building must:
(1)
be made in the form attached as Schedule A to this Bylaw, signed by the owner,
or a signing officer if the owner is a corporation;
(2)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule D to this Bylaw, signed by
the owner, or a signing officer if the owner is a corporation;
(3)
include a copy of a title search made within 30 days of the date of the application;
(4)
include a copy of a survey plan of the parcel and proposed foundations and
exterior extremities of the building or structure, prepared by a British Columbia
land surveyor, except that the building official may, waive the requirements for a
survey plan, in whole or in part, where conditions warrant.
(5)
include a site plan showing:
(a)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(b)
the legal description and civic address of the parcel;
(c)
the location and dimensions of all statutory rights of way,
easements, setback requirements adjacent street and lane names;
(d)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
(e)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse;
(f)
north arrow;
(g)
location of an approved existing or proposed alternative sewage
disposal system;
(h)
the location, dimensions and gradient of parking and parking
access;
(i)
proposed and existing setbacks to property lines;
(j)
natural and finished grade at building corners datum determination
points;
(k)
main floor elevation;
(l)
location, setbacks and elevations of all retaining walls, steps, stairs
and decks;
(m)
line of upper floor;
(n)
location and elevation of curbs, sidewalks, manholes and service
poles;
Building Regulation Bylaw 2003, No. 2970"- Page 18
Consolidated: March 16, 2021
APPLICATIONS FOR SIMPLE BUILDINGS (continued)
(o)
location of existing and proposed service connections;
(p)
location of top of bank and water courses; and
(q)
the geodetic elevation of the underside of a wood floor system or
the top of finished concrete slab of a building or structure if where
the City's land use regulations or provincial flood mapping
regulations establish siting requirements related to minimum floor
elevation;
except that the building official may waive, in whole or in part, the requirements for
a site plan, if the permit is sought for the repair or alteration of an existing building
or structure;
(6)
include floor plans showing the dimensions and uses of all areas; the dimensions
and height of crawl and roof spaces; the location, size and swing of doors; the
location, size and opening of windows; floor, wall, and ceiling finishes; plumbing
fixtures; structural elements; and stair dimensions;
(7)
include a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
(8)
include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, the building height base line, the maximum building
height line, ridge height and natural and finished grade;
(9)
include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
Building Code;
(10)
include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and Ministry of Health approval;
(11)
include a foundation and excavation design prepared by a registered professional
of record in accordance with Division B - Section 4.2 of Part 4 of the Building
Code, accompanied by letters of assurance in the form of Schedule B as referred
to in Division C - Section 2.2.7 of the Building Code, signed by the registered
professional of record; (AB #3380) (AB #3756)
(12)
include a geotechnical report if the chief building official determines that the site
conditions so warrant;
(13)
include two sets of drawings at a suitable scale of the design including the
information set out in subsections 76(5) to 76(9) of this Bylaw.
Building Regulation Bylaw 2003, No. 2970"- Page 19
Consolidated: March 16, 2021
APPLICATIONS FOR SIMPLE BUILDINGS (continued)
(14)
In addition to the requirements of Sections 76(1) to (13) the following may be
required by a building official to be submitted with a building permit application
for the construction of a simple building where the project involves two or more
buildings, which in the aggregate total more than 1000 square metres, or two or
more buildings that will contain four or more dwelling units, or otherwise if the
complexity of the proposed building or structure or siting circumstances warrant:
(a)
site servicing drawings, including sufficient detail of off-site
services to indicate locations at the property line, prepared and
sealed by a registered professional, in accordance with the City's
Subdivision and Development Control Bylaw, in force from time to
time;
(b)
a section through the site showing grades, buildings, structures,
parking areas and driveways;
(c)
a roof plan and roof height calculations;
(d)
structural, electrical, mechanical or fire suppression drawings
prepared and sealed by a registered professional of record;
(AB #3756)
(e)
letters of assurance in the form of Schedule B as referred to in
Division C - Sub-Section 2.2.7 of the Building Code, signed by the
registered professional of record; or, (AB #3380) (AB #3756)
(f)
any other information required by the building official or the
Building Code to establish substantial compliance with this Bylaw,
the Building Code and other bylaws and enactments relating to the
building or structure.
(15)
Solar Hot Water Ready
(a)
All single family homes shall comply with the Ministerial Order
No. M 145, "Solar Hot Water Ready Regulation", as amended
from time to time. (AB #3756)
SURVEY
77.
Without limiting subsections 74(5) or 76(4), the chief building official may order any
owner to submit an up to date plan of survey prepared by a registered British Columbia
land surveyor which contains sufficient information respecting the site and location of
any building:
(1)
to establish before construction begins that all the provisions of this Bylaw in
relation to this information will be complied with;
(2)
to verify on completion of the construction that all provisions of this Bylaw have
been complied with;
(3)
in relation to an existing building when and as required by the chief building
official, to substantiate its location, size, including appendages whether above, at
or below ground level, relative to the site or its relationship to neighbouring
grades; and
Building Regulation Bylaw 2003, No. 2970"- Page 20
Consolidated: March 16, 2021
SURVEY (continued)
(4)
in relation to construction of a new building, or addition to an existing building,
prior to the placement of concrete for foundations and footings, including the
elevations 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 an order under this section must comply with the order.
BUILDING PERMIT FEE
78.
Before receiving a building permit for a building or structure, the owner must first pay to
the City:
(1)
the building permit fees prescribed in Schedule B, and
(2)
fees, charges, levies or taxes imposed by the City and payable under an enactment
Security Deposit
79.
An applicant for a building permit must pay to the City, at the time of the application, a
security deposit as set out in Schedule B.
80.
The security deposit sum received pursuant to Section 79 must:
(1)
cover 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 building permit held by the applicant;
(2)
cover 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;
(3)
serve as the security deposit for a provisional certificate of occupancy when such
a certificate makes provision for a security deposit; or
(4)
serve as a security deposit for the purpose of effecting compliance with any
condition under which the permit was issued.
81.
The security deposit must be returned to the applicant:
(1)
when the building official is satisfied that no further damage to public works or
public lands will occur;
(2)
when the inspections required by this Bylaw are complete and acceptable to the
building official;
(3)
when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the building official; or
(4)
any combination of subsections 81(1), (2) or (3).
Building Regulation Bylaw 2003, No. 2970"- Page 21
Consolidated: March 16, 2021
BUILDING PERMIT FEE (continued)
82.
Any credit greater than the amount of the security deposit used by the City for the
purposes described in Sections 79 to 80 will be returned to the payee unless otherwise so
directed by the payee. An 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 City from the permit constructor or the owner of the property.
83.
If the proposed works includes excavation or construction on lands within 10 metres of
municipal works, the owner must deliver to the chief building official a signed agreement
in a form prescribed by the director of public works and engineering under which the
owner acknowledges and agrees that any damage to municipal works arising from the
construction associated with the building permit will be repaired by the owner at its
expense and the satisfaction of the director of public works and engineering. The owner
must deposit with the city security in accordance with Sections 79 to 80.
FEE REFUNDS
84.
No fee or part of a fee paid to the City may be refunded if a start has been made on
construction of the building.
85.
A building permit or a mechanical permit fee may be partially refunded as set out in
Schedule B, only if:
(1)
the owner has submitted a written request for a refund;
(2)
the chief building official has certified a start has not been made on the
construction of the building or structure; and
(3)
the permit has not expired.
86.
A building permit or a mechanical permit fee is not refundable after the permit has been
extended under Section 117.
87.
If an issued building permit or mechanical permit is active and the owner proposes
modification to the building design whereby the value of construction does not increase
or the value of construction decreases, the owner must first pay to the City a building
permit fee based on the plan review hourly rate set out in Schedule B.
88.
The building permit or mechanical permit fee is doubled for every permit application if
construction commenced before the chief building official issued a permit, to a
maximum of $5,000.00 (Five Thousand Dollars).
EXPIRATION OF APPLICATION
89.
A building permit or a mechanical permit application expires 180 days from the date a
complete application is received under this Part if the building permit or mechanical
permit is not issued by the application expiration date, unless the permit is not issued
only due to delays caused by the chief building official.
Building Regulation Bylaw 2003, No. 2970"- Page 22
Consolidated: March 16, 2021
ISSUANCE OF A PERMIT
90.
If:
(1)
a completed application in compliance with Sections 74 and 75 or 76 and 77 of
this Bylaw, including all required supporting documentation, has been submitted;
(2)
the owner has paid all applicable fees set out in Sections 78 to 79 and Schedule B
of this Bylaw;
(3)
the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
(4)
the owner has retained a professional engineer or geoscientist if required under
this Bylaw or by the provisions of the Engineers and Geoscientists Act;
(5)
the owner has retained an architect if required by the provisions of the Architects
Act;
(6)
no covenant, agreement, resolution or regulation of the City requires or authorizes
the permit to be withheld;
the Chief Building Official must issue the permit, in the form of Schedule F for which
the application is made.
COMPLIANCE WITH THE HOMEOWNER PROTECTION ACT
91.
If the application is in respect of a building that includes, or will include, a residential
occupancy, the building permit must not be issued unless the owner provides evidence
under Section 30(1) of the Homeowner Protection Act, SBC 1998, Chapter 31, that the
proposed building:
(1)
is covered by home warranty insurance, and
(2)
the constructor is a licensed residential builder.
92.
Section 91 of this Bylaw 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, SBC 1998, Chapter 31.
93.
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.
94.
A building official may issue a building permit for an excavation or a portion of a
building or structure before the design, plans and specifications for the entire building or
structure have been accepted, if sufficient information has been submitted 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 all security deposits and
charges related to the entire building or structure and the permit fee applicable to that
portion of the building or structure has been paid. Despite the issuance of a permit, 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.
Building Regulation Bylaw 2003, No. 2970"- Page 23
Consolidated: March 16, 2021
COMPLIANCE WITH THE HOMEOWNER PROTECTION ACT (continued)
95.
If a site has been excavated under a building permit for excavation issued under this
Bylaw and a building permit is not subsequently issued or a subsisting building permit
has expired in accordance with the requirements of Section 116, but without the
construction of the building or structure for which the building permit was issued having
commenced, the owner must fill in the excavation to restore the original gradients of the
site within 60 days of being served notice by the City to do so.
CONDITIONS OF A BUILDING PERMIT
96.
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 chief building official in writing,
the chief building official has authorized the transfer or assignment in writing, and the
owner has paid the non-refundable fee required under Schedule B. The transfer or
assignment of a building permit is not an extension of a building permit.
97.
The review of plans and supporting documents and issuance of a building permit do not
prevent the chief building official from subsequently requiring the correction of errors in
the said plans and supporting documents, or from prohibiting building construction or
occupancy being carried on when in violation of this or another bylaw.
98.
The chief building official may refuse to issue a permit when the owner has been notified
of violation of this Bylaw with regard to the construction of another building or structure
by the owner.
INSPECTIONS
99.
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 submitted pursuant to this Bylaw 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.
100.
Despite Section 99 of this Bylaw, a building official may attend the site from time to
time during the course of construction to ascertain that the field reviews are taking place
and to monitor the field reviews undertaken by the registered professionals.
101.
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.
Building Regulation Bylaw 2003, No. 2970"- Page 24
Consolidated: March 16, 2021
INSPECTIONS (continued)
102.
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 and receive a
building official's written acceptance of the following aspects of the work prior to
concealing them:
(1)
after demolition, the grading of and removal of debris from the site;
(2)
excavation, within 24 hours of the start of excavation;
(3)
foundation and footing forms, before concrete is poured;
(4)
prior to inspection under subsection 102(5), plumbing located below the finished
slab level;
(5)
the preparation of ground, including ground cover when required, perimeter
insulation on inside of concrete foundation walls and reinforcing steel;
(6)
after inspection under subsection 102(5), hydronic heating pipes and below slab
insulation;
(7)
rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(8)
framing, firestopping, bracing, chimney and ductwork, rough plumbing, exterior
doors and windows, but prior to the installation of insulation, interior finishes,
sheathing paper or exterior finishes which would conceal such work;
(9)
insulation and vapour barrier;
(10)
the installation of wall sheathing membrane, externally applied vapour or air
barrier, stucco wire or lath, and flashings, but prior to the installation of exterior
finishes which could conceal such work;
(11)
the installation of a cladding assembly designed and constructed to minimize the
ingress of precipitation into exterior walls and interior space. (AB #3380)
(12)
the health and safety aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
103.
A building official may only carry out an inspection under Section 102:
(1)
in the order specified in subsections 102(1) to 102(12); and
(2)
if the owner or the owner's agent has requested the inspection.
104.
Despite the requirement for the building official's acceptance of the work outlined in
Section 102, if a registered professional of record provides letters of assurance, the City
will rely solely on field reviews undertaken by the registered professional of record 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 conforms to the
design, plans and specifications and that the construction complies with the Building
Code, this Bylaw and other applicable enactments respecting safety. (AB #3756)
105.
No aspect of the work referred to in Section 102 of this Bylaw shall be concealed until a
building official has accepted it in writing.
Building Regulation Bylaw 2003, No. 2970"- Page 25
Consolidated: March 16, 2021
INSPECTIONS (continued)
106.
For work in respect of complex buildings the owner must:
(1)
give at least 48 hours' notice to the City when requesting a pre-construction
meeting with the building official prior to the start of construction, and the owner
or his or her representative must ensure that the coordinating registered
professional, the constructor as well as representatives of major trades are in
attendance;
(2)
give at least 48 hours' notice to the City when requesting a pre-occupancy
coordinated site review in order to have the owner, the constructor and the
registered professional demonstrates to the building official and Fire Services the
compliance with the health and safety aspects of the work, the coordination and
integration of the fire and life safety system, applicable City requirements and
other enactments respecting safety;
(3)
cause the coordinating registered professional, at least 48 hours prior to the pre-
occupancy coordinated site review, to deliver to the building official the
Confirmation of Required documentation described in Schedule G, complete with
all documentation in a hard covered three ring binder.
STOP WORK ORDER
107.
The chief 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 described in Schedule I 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 provisions of the Homeowner Protection Act.
108.
The coordinating registered professional may request, in writing, that the chief 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 chief building official must consider such a request and if not acted upon,
must respond, in writing, to the coordinating registered professional and give reasons.
109.
If a registered professional services are terminated, the owner must immediately stop any
work that is subject to his or her design or field review and the chief building official is
deemed to have issued a stop work order under Section 107.
110.
The owner must immediately after the posting of a notice under Section 107 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.
111.
Subject to Section 110, no work other than the required remedial measures may be
carried out on the parcel affected by the notice referred to in Section 107 until the stop
work order notice has been removed by the chief building official.
112.
The notice referred to in Section 107 must remain posted on the premises until that
which is contrary to the enactments has been remedied.
Building Regulation Bylaw 2003, No. 2970"- Page 26
Consolidated: March 16, 2021
DO NOT OCCUPY NOTICE
113.
If a person occupies a building or structure or part of a building or structure in
contravention of Section 146(8) of this Bylaw a building official may post a Do Not
Occupy Notice in the form of Schedule J to this Bylaw on the affected part of the
building or structure.
114.
If a notice is posted under Sections 107 or 113, 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 shall 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
115.
In addition to the fees required under other provisions of this Bylaw, the owner must pay
the non-refundable fee set out in Schedule B for:
(1)
a second and subsequent re-inspection where it has been determined by the chief
building official that due to non-compliance with the provisions of this Bylaw or
due to non-complying workmanship, more than two inspections are required for
each type of inspection;
(2)
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, location or construction techniques;
(3)
each report containing a maximum of two separate alternative solutions;
(AB #3380)
(4)
each alternative solution greater than two contained in the same report;
(AB #3380)
(5)
an amendment to an original alternative solution report after acceptance or
rejection of the report; (AB #3380)
(6)
a request from the owner or agent that the chief building official review an
application or part of an application that has already been reviewed by the chief
building official.
(7)
the review of drawings and inspection of landscaping requirements as set out in
the City's Zoning Bylaw, in force from time to time, or authorized through a
development permit; or
(8)
if a registered professional has been retained by the owner to design and certify
the landscaping components of the permitted project, the fees set out in
subsection 115(7) are waived.
Building Regulation Bylaw 2003, No. 2970"- Page 27
Consolidated: March 16, 2021
PERMIT EXPIRATION
116.
Every permit is issued on the condition that the permit expires and the rights of the
owner under the permit terminate if:
(1)
the work authorized by the permit is not commenced within 180 days from the
date of issuance of the permit; or
(2)
work is discontinued for a period of 180 days; or
(3)
the work is not completed within two years of the date of issuance of the permit.
PERMIT EXTENSION
117.
A building official may extend the period of time set out under Section 116 for a period
of not to exceed six 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:
(1)
application for the extension is made within 30 days of the date of permit
expiration, and
(2)
the non-refundable fee set out in Schedule B has been paid.
PERMIT REVOCATION
118.
The chief building official may revoke a building permit if there is a violation of
(1)
a condition under which the permit was issued, or
(2)
a requirement of the Building Code or of this or another bylaw of the City.
119.
The permit revocation must be in writing and sent to the permit holder by signature mail
to, or personal service on, the permit holder.
PERMIT CANCELLATION
120.
A building permit, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the chief building
official.
121.
On receipt of the written cancellation notice, the chief building official must mark on the
application, and a permit if applicable, the date of cancellation and the word "cancelled".
122.
If the owner, or his or her agent, submits changes to an application after a permit has
been issued and the changes, in the opinion of the chief building official, substantially
alter the scope of the work, design or intent of the application in respect of which the
permit was issued, the chief building official must cancel the permit and mark on the
permit the date of cancellation and the word "cancelled".
Building Regulation Bylaw 2003, No. 2970"- Page 28
Consolidated: March 16, 2021
PERMIT REVOCATION (continued)
123.
If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the chief building official must return to the owner any
fees deposited under Schedule B, less:
(1)
any non-refundable portion of the fee, and
(2)
25% of the refundable portion of the fee. (AB #3380)
CHANGES BY PERMIT HOLDER
124.
Construction which is at variance with the plans and supporting documents for a building
or structure for which a building permit has been issued is prohibited, unless the change
has been reviewed and accepted by the chief building official.
OCCUPANCY PERMITS
125.
No person may occupy a new building or structure until an occupancy permit has been
issued in the form of Schedule H;
126.
An occupancy permit may not be issued unless:
(1)
all letters of assurance and the confirmation of required documentation described
in Schedule G have been submitted when required in accordance with the
requirements of this Bylaw;
(2)
all aspects of the work requiring inspection, review and acceptance pursuant to
Sections 99 to 106 of this Bylaw have both been inspected and accepted;
(3)
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
(4)
all required off site works respecting safety have been completed.
127.
A building official may issue an occupancy permit for partial occupancy of a portion of a
building under construction when that portion of the building or structure is self-
contained and provided with essential services respecting health and safety.
128.
If occupancy occurs prior to the completion of any work being undertaken that requires a
permit, every owner must ensure that no unsafe condition exists or will exist because of
the work being undertaken or not completed.
TEMPORARY BUILDING
129.
Subject to the bylaws of the City and orders of Council, the chief building official may
issue a building permit for the erection or placement of a temporary building or structure
for occupancy if:
(1)
the permit is for a period not exceeding one year; and
(2)
the building or structure is located in compliance with the City's Zoning Bylaw,
in force from time to time, built in compliance with the Building Code and this
Bylaw, and connected, as required by enactments, to municipal utility services.
Building Regulation Bylaw 2003, No. 2970"- Page 29
Consolidated: March 16, 2021
TEMPORARY BUILDING (continued)
130.
The application for a building permit for the erection or placement of a temporary
building or structure must be made in the form of a temporary permit application under
Schedule A, signed by the owner or agent, including:
(1)
plans and supporting documents showing the location of the building or structure
on the parcel;
(2)
plans and supporting documents showing construction details of the building or
structure;
(3)
a statement by the owner indicating the intended use and duration of the use;
(4)
plans and supporting documents showing the proposed parking and loading
space;
(5)
a written description of the project explaining why the building is temporary;
(6)
a copy of an issued development permit, if required;
(7)
in the case of a manufactured building, a CSA label in respect of electrical
inspections;
(8)
a report or drawing of an engineer, architect or designer confirming compliance
with the Building Code, this Bylaw, the City's Zoning Bylaw, in force from time
to time, and other applicable bylaws;
(9)
security in the form of cash or a letter of credit for 10% of the value of the
temporary building, which security:
(a)
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
(b)
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.
131.
Before receiving a building permit for a temporary building or structure for occupancy,
the owner must pay to the City the applicable building permit fee set out in Schedule B.
132.
A permit fee for a temporary building or structure is not refundable.
RETAINING WALLS
133.
A registered professional must undertake the design and conduct field reviews of the
construction or structural repair of a retaining wall. Sealed copies of the design plan and
letters of assurance prepared by the registered professional for all retaining walls must be
submitted to a building official prior to issuance of a permit for the work.
PERMIT
134.
No person may construct, or structurally repair, a retaining wall without a valid and
subsisting building permit. Design and field review services and applicable letters of
assurance must be provided by the registered professionals for all retaining walls.
Building Regulation Bylaw 2003, No. 2970"- Page 30
Consolidated: March 16, 2021
SLOPES CREATED BY EXCAVATION
135.
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the province of British Columbia, a slope on a parcel that is steeper than one
linear unit vertically to one linear unit horizontally and total height of three metres or
more that is created by excavation is prohibited unless restrained by a retaining wall.
SLOPES CREATED BY FILL MATERIAL
136.
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.
BUILDING MOVE
137.
No person may move a building or structure into or within the City:
(1)
except where certified by a registered professional that the building or structure
will substantially comply with the current version of the Building Code; and
(2)
a building permit has been issued for the building.
BUILDING NUMBERING
138.
Every owner or occupier of a parcel must place a building number assigned by the chief
building official in a conspicuous place on every building located on the parcel.
139.
Despite Section 138, the City or its chief building official may renumber or alter the
assigned numbers in respect of any building on any parcel, including those already in
existence or numbered.
140.
Without limiting Sections 138 or 139, the chief building official must, on the issuance of
a building set, designate a house number or set of house numbers related to the building
authorized by the permit. The owner or occupier must post the number or numbers on
the site immediately after obtaining the building permit and keep the numbers posted in a
conspicuous position at all times during construction.
141.
On issuance of an occupancy permit, the owner or occupier of the parcel must affix the
numbers permanently in a conspicuous place on the buildings such that the number is
visible from an adjacent highway that is not a lane.
FIRE LIMITS
142.
(1)
In this Section:
"FIRE LIMITS AREA" in this Part means the areas shown on the Plan attached
as Schedule K to this Bylaw; and,
"RESIDENTIAL OCCUPANCY" means a residential occupancy in a building
comprising more than three dwelling units and where each dwelling unit
does not have at least two access/ egress doors that open to the exterior of
the building;
Building Regulation Bylaw 2003, No. 2970"- Page 31
Consolidated: March 16, 2021
FIRE LIMITS (continued)
(2)
Except as provided for in subsection (3), subsections (2) to (7) apply to:
(a)
a new complex building or RESIDENTIAL OCCUPANCY;
(b)
an existing complex building or RESIDENTIAL OCCUPANCY
upon creation of an additional dwelling unit; and,
an existing complex building or RESIDENTIAL OCCUPANCY if the total
building permit value determined by the chief building official, pursuant to this
Bylaw, of all additions and structural alterations made within any consecutive 24
month period, exceeds 25% of the assessed value of the existing building as
determined by the most recent assessment by the British Columbia Assessment
Authority.
(3)
Subsections (2) to (7) do not apply to simple buildings, assembly occupancies
where the total occupant load is 60 or less persons or residential occupancies
located outside the FIRE LIMITS AREA.
(4)
Subject to subsection (3), a complex building or a building containing a
RESIDENTIAL OCCUPANCY in a FIRE LIMITS AREA must be sprinklered
in accordance with NFPA 13 "Standard for Installation of Sprinkler Systems".
(5)
A building containing only a RESIDENTIAL OCCUPANCY of up to four
storeys in height must be sprinklered in accordance with NFPA 13 "Standard for
Installation of Sprinkler Systems" or with NFPA 13R "Standard for Installation
of Sprinkler Systems in Residential Occupancies up to and including Four
Storeys in Height", except as set out in subsection (3).
(6)
All fire sprinkler systems must be designed and reviewed by a registered
professional with experience in sprinkler system design, except for modifications
to existing systems involving the relocation or addition of less than six sprinkler
heads, in which case the requirement for registered professional design and
review may be waived at the discretion of the chief building official.
(7)
Review of the work by a registered professional must include field review as
defined in the building code and review of the Contractor's Material and Test
Certificates, a copy of which shall be provided with the letter of assurance of
Professional Field Review and Compliance.
CONFORMITY WITH BUILDING CODE AND BYLAW
143.
No building or structure may be constructed except in conformity with the requirements
of the Building Code and this Bylaw.
144.
Section 143 applies whether or not in any case it is expressly stated that the doing of or
failure to do the thing mentioned is unlawful.
Building Regulation Bylaw 2003, No. 2970"- Page 32
Consolidated: March 16, 2021
GENERAL PROHIBITIONS
145.
No person may
(1)
unless authorized by the chief building official, reverse, alter, deface, cover,
remove or in any way tamper with a construction site identification placard, stop
work order notice, certificate, card or notice posted on or affixed to a building or
structure pursuant to a provision of this Bylaw;
(2)
do any work at variance with the description, plans and supporting documents for
the building, structure or work for which a permit has been issued, unless the
chief building official has authorized the change;
(3)
interfere with or obstruct the entry of the chief building official if he or she is
administering this Bylaw;
(4)
erase, alter or modify plans and supporting documents after the same have been
reviewed by the chief building official, or plans and supporting documents which
have been filed for reference with the chief building official after the permit has
been issued;
(5)
submit false or misleading information in relation to a permit or an application
for a permit under this Bylaw;
(6)
repair a building or structure damaged by fire, decay, storm, earthquake or
otherwise to an extent greater than 75% of its assessed value as of the date of
damage above its foundations unless in every respect the entire building or
structure is made to comply with the Building Code, subject to the provisions of
this Bylaw;
(7)
repair any portion of a building or structure damaged by fire, decay, storm or
otherwise to an extent less than 75% of its assessed value as of the date of
damage above its foundations unless in every respect the repair of the building or
structure is made to comply with the Building Code, subject to the provisions of
this Bylaw;
(8)
occupy or permit occupancy of a building or structure or part of a building or
structure until the chief building official has issued a final inspection notice for it;
(9)
construct on a parcel unless the civic address is conspicuously posted on the front
of the premises or on a sign post so it may be easily read from the public highway
from which it takes its address; or
(10)
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.
OFFENCE AND PENALTY
146.
Every person who violates or causes or allows to be violated a requirement of this Bylaw
is guilty of an offence and of a separate offence each day the violation is caused or
allowed to continue.
Building Regulation Bylaw 2003, No. 2970"- Page 33
Consolidated: March 16, 2021
OFFENCE AND PENALTY (continued)
147.
Every person who commits an offence contrary to the provisions of this Bylaw is liable
on summary conviction to a penalty of not more than $10,000.00 in addition to the costs
of the prosecution.
148.
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.
149.
No person is deemed liable under Section 148 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.
150.
Nothing in Section 149 affects:
(1)
the City's right to require and the owner's obligation to obtain a permit; and
(2)
the obligation of the owner to comply with this Bylaw.
SEVERABILITY
151.
If any section, subsection, paragraph, subparagraph or phrase of this Bylaw is for any
reason declared invalid by a Court of competent jurisdiction, the decision shall not affect
the validity of the remaining portions of this Bylaw.
SCHEDULES
152.
The following schedules are attached to and form part of this Bylaw:
(1)
Schedule A
-
Building Permit Application
(2)
Schedule B
-
Permit Fees and Security Deposits
(3)
Schedule C
-
Construction Values
(4)
Schedule D
-
Owner's Undertaking
(5)
Schedule E
-
Geotechnical Hazard Areas
(6)
Schedule F
-
Building Permit Form
(7)
Schedule G
-
Confirmation of Required Documentation
(8)
Schedule H
-
Occupancy Permit Form
(9)
Schedule I
-
Stop Work Order
(10)
Schedule J
-
Do Not Occupy Notice
(11)
Schedule K
-
Fire Limits Areas
EFFECTIVE DATE
153.
This Bylaw shall come into effect on January 1, 2004.
Building Regulation Bylaw 2003, No. 2970"- Page 34
Consolidated: March 16, 2021
"Building Regulation Bylaw 2003, No. 2970" adopted on the 17th day of November, 2003.
Amendment Bylaw 2004, No. 3032 adopted on the 5th day of July, 2004.
Amendment Bylaw 2007, No. 3380 adopted on the 2nd day of May, 2007.
Amendment Bylaw 2011, No. 3756 adopted on the 10th day of January, 2012.
Amendment Bylaw 2012, No. 3860 adopted on the 21st day of August, 2012.
Amendment Bylaw 2013, No. 3974 adopted on the 17th day of December, 2013.
Amendment Bylaw 2015, No. 4107 adopted on the 13th day of April, 2015.
Amendment Bylaw 2021, No. 5052 adopted on the 16th day of March, 2021.
"Clint Hames"
Mayor
"Robert L. Carnegie"
Clerk