Bylaw No. 589-2023 Building Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 86b5918c587d · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF CLINTON ## BYLAW 589, 2023 A Bylaw to regulate construction, alteration, repair, moving or demolition of buildings and structures WHEREAS the Village of Clinton Council considers it advisable to replace the Building Regulations Bylaw; AND WHEREAS the Local Government Act of British Columbia provides that the Village may, by Bylaw, regulate the construction, alteration, repair or demolition of buildings and structures and regulate the installation, alteration or repair of plumbing (including septic tanks and sewer connections); NOW THEREFORE, the Council of the Village of Clinton in open meeting assembled enacts as follows: ## 1. PREAMBLE ## 1.1 Title This Bylaw may be cited as the "Village of Clinton Building Regulations Bylaw 589, 2023". ## 1.2 Repeal Village of Clinton Building Bylaw 531, 2015 and all amendments thereto are hereby repealed. ## 1.3 Purpose of Bylaw The Bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with this This Bylaw has been enacted for the purpose of regulating construction within the Village in the general public interest. The activities undertaken by or on behalf of the Village pursuant to this Bylaw are for the sole purpose of providing a limited and interim spot-checking and monitoring function for reason of health, safety and the protection of persons and property. It is not contemplated nor intended, nor does the purpose of this Bylaw extend: - (a) to the protection of owners, owner/builders, constructors or occupiers from bodily injury or economic loss; - (b) to the assumption by the Village or any Building Official of any responsibility for ensuring the conformance by any owner, his or her agent or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this Bylaw or other applicable enactments respecting safety; - (c) to provide any person a warranty of design or workmanship with respect to any building or structure for which a building permit or occupancy certificate is issued under this Bylaw; - (d) to provide a warranty or assurance that construction undertaken pursuant to building permits issued by the Village is free from latent or any defects or complies with this Bylaw; and - (e) to the assumption by the Village or by any Building Official of any responsibility for ensuring that any construction will be geo-technically sound and will not be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rock falls, subsidence, avalanche or other geo-hazards. ## 1.4 Metric Units Metric units are used for all measurements in this Bylaw. The approximate imperial measure equivalent of those units is shown in brackets following the metric measurement and such bracketed figures are included for convenience only and do not form part of this Bylaw. ## 1.5 Scope and Exemptions - (a) This Bylaw shall apply to: - i. the design, construction and occupancy of a building when a building, or part thereof, is constructed on site or is assembled or placed on site as a factory-built unit or component; - ii. the work involved in the demolition when the whole or any part of a building is demolished or removed; - ili. all parts of the building when the whole or any part of a building is moved; - iv. any alteration and to any part of a building affected by alterations to an extent which, in the opinion of the Building Official reduces the levels of public health and safety below the levels existing prior to the alteration; - v. all parts of the building affected by the change of use when occupancy and/or use of a building is changed; - vi. all such replacements and alterations when materials and equipment regulated are replaced or altered in a building; - vii. any part remaining when a building is damaged or destroyed to the extent of 75% or more of its value above its foundations as determined by the Building Official; - vili. the design and construction of retaining walls where the difference in finish grade elevation is greater than 1.2 m (4 ft) in height; - ix. the design and installation of the entire system when a plumbing system is installed, repaired, renovated or altered; - x. the design and repair of the entire plumbing system where a condition exists that is, or may become dangerous or injurious to health, except where the portion of the system affected is completely independent from any other part of the system; and - xi. design, construction, or installation of fireplaces and chimneys. - (b) This Bylaw does not apply to: - i. Buildings or structures exempted by Division A - Part 1 of the Building Code except as expressly provided herein; - ii. Single-storey accessory buildings less than 20 m? (215 ft2) in building area; - ili. Low-Human Occupancy farm buildings less than 600 m' (6458 ft?) in building area, when situated on land assessed as Farm and used for a Bona Fide Agricultural Operation; and - iv. Un-roofed decks attached to or adjacent to single and two-family dwellings if the deck surface is 600 mm (24 in) or less above the adjacent ground level. ## 1.6 Other Enactments Where any provincial act or regulation or any other Village Bylaw may apply to any matter covered by this Bylaw, conformance with this Bylaw shall not relieve the owner or his or her agent from conforming with provisions of such other act, regulation or Bylaw. ## 1.7 Step Code Compliance Option In relation to the conservation of energy, construction on or after May 1, 2023 may meet the prescriptive requirements of s. 9.36.2 to 9.36.4 of Division B of the Building Code." ## 1.8 Severability If any provision of this Bylaw is found invalid, such provision is severable and shall not affect the validity of the remainder of this Bylaw. ## 1.9. Limited Application to Existing Buildings - (a) 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 or any prior building bylaw in effect at the time, 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. - (b) This Bylaw applies if the whole or any part of an existing building is moved either within or into the Village, including relocation relative to parcel lines created by subdivision or consolidation. - (c) 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. - (d) 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. ## 2. DEFINITIONS All words and phrases shall have their normal or common meaning except where changed, modified, or expanded by the definitions set out in this section, or Part 1 of the British Columbia Building Code. "Accepted" means accepted in writing. "Addition" means an alteration to any building which will increase the total aggregate floor area or height and includes provision of two or more separate buildings with openings between each other. "Agent" means a person, firm, or company representing the owner, by written designation or contract, and includes a hired tradesman or contractor. "Alteration" means a change, repair, or modification of the construction or arrangement of use of any building or structure, or to an occupancy regulated by this Bylaw. "Bona Fide Agricultural Operation" means an operation classified as a farm by the Assessor under the Assessment Act. "Building Code" means the current edition of the British Columbia Building Code pursuant to Section 692 (1) of the Local Government Act, as amended or re-enacted from time to time. "Building Official" includes a person(s) designated or contracted by the Village as Building Inspectors, Plumbing Inspectors or Plan Checkers and includes supervisors for these positions. "Combination Building" means a building composed of a factory-constructed finished living space in combination with site-built components to form one building. "Complex Building" means all buildings used for major occupancies classified as: - (a) assembly occupancies; - (b) care or detention occupancies; or - (c) high hazard industrial occupancies; and all buildings exceeding 600 m? (6458 ft?) 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; and - (d) medium and low hazard industrial occupancies. "Construction" includes erection, repair, alteration, enlargement, addition, installation, demolition, removal, replacement, renovation, reconstruction, or relocation of a building or structure. "Council" means the Council of the Village of Clinton. "Health and Safety Aspects of the Work" means design and construction regulated by the Building Code but excluding Parts 1, 2, 5,6, and Part 9 sections 9.1 to 9.3 inclusive, 9.5, 9.11, 9.14, 9.25, 9.26, 9.30, and 9.36. "Low-Human Occupancy" (as applied to farm buildings) means an occupancy having an occupant load of not more than one person per 40 m' (430 ft2) of floor area during normal use. "Monitor" means the method by which a Building Official reviews the process of field reviews as conducted by registered professionals pursuant to the Building Code and this Bylaw. The Building Official's monitoring function is satisfied by the Building Official's receipt of the applicable letters of assurance submitted by the registered professionals and as referred to in subsection 2.2.7 of the Building Code. Although a Building Official may review registered professionals' field inspection reports to ascertain field review frequency, or visit a site from time-to-time to verify that registered professional field reviews are taking place, the Building Official is under no duty to do so. Monitoring does not include assessment of conformity with the Building Code, this Bylaw or another enactments or the approval of any aspect of construction. "Occupancy Certificate" means a certificate required or issued pursuant to this Bylaw and includes a provisional occupancy certificate or, for minor construction, a written occupancy approval otherwise provided by the Building Official. "Owner" means any person, firm or company controlling the property under consideration. "Permit" means a permit required or issued pursuant to this Bylaw. "Person" means in addition to its ordinary meaning, a partnership, association, company, society and body corporate. "Pool" means a water receptacle used for swimming or as a plunge or other bath designated to accommodate more than one bather at a time; for decorative or landscaping purposes; but does not include irrigation or natural ponds not filled from domestic water source. "Site" means a lot or lots upon which work regulated under this Bylaw is undertaken or intended to be undertaken and includes the construction thereon. "Standard Building" means a building of three storey's or less in building height, having a building area not exceeding 600 m' (6458 ft?) and used for major occupancies classified as: - (a) residential occupancies, - (b) business and personal services occupancies, - (d) medium and low hazard industrial occupancies. - (c) mercantile occupancies, or "Structure" means a construction or portion thereof of any kind, whether fixed to, supported by or sunk into land or water, but specifically excludes landscaping, fences, paving and retaining structures less than 1.2 m (4 ft) in height. "Village" means the Village of Clinton. ## 3. PROHIBITIONS - 3.1 No person shall, unless exempted by this Bylaw or any enactment, undertake any of the following: - (a) commence or continue any construction or change the occupancy of any building or structure, or other work related to construction unless a Building Official has issued a valid permit for the work; - (b) 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 upon or affixed to any building, structure or site pursuant to this Bylaw; - (c) perform any construction that is substantially at variance with the reviewed design or plans and specifications for the building, structure or other construction for which a permit has been issued, unless that variance has been accepted by a Building Official; - (d) occupy, use or allow the occupancy or use of any building or part thereof contrary to the terms of this Bylaw or any permit, notice, certificate, or decision given or posted by the Building Official; - (e) knowingly or recklessly submit false or misleading information to a Building Official in relation to any permit application or construction undertaken pursuant to this Bylaw; or - interfere with or obstruct the entry of a Building Official or authorized official of the Village on property in the administration of this Bylaw. - 3.2 No person having authority for construction, on a site shall cause, allow, or maintain any unsafe condition. ## AUTHORITY OF BUILDING OFFICIAL ## 4.1 The Building Official: - (a) may administer this Bylaw; - (b) may enter any land, building, structure, or premises at any reasonable time for the purpose of ascertaining that the terms of this or any other Village Bylaw are being observed; - (c) may keep records of permit applications, permits, notices and orders issued, inspections and tests made, and shall retain copies of all documents related to the administration of this Bylaw; - (d) may establish whether the construction of a building or structure for which a permit is sought or issued under this Bylaw substantially conforms to the requirements of the Building Code; - (e) shall carry proper credentials confirming their status as a Building Official. ## 4.2 The Building Official may order: - (a) a person who contravenes this Bylaw to conform with the Bylaw in a specified time period; - (b) the removal of any unauthorized encroachment on public property; - (c) the removal of any building or part thereof constructed in contravention of this Bylaw; - (d) the termination of any occupancy, in contravention of this Bylaw; and - (e) the termination of any occupancy if in the opinion of the Building Official an unsafe condition exists because of construction undertaken or not completed. - 4.3 The Building Official may, before issuing an occupancy certificate, require the owner to provide a professional engineer's or other appropriate certification, at the expense of the owner, where in the opinion of the Building Official such evidence is necessary to determine that the requirements of this Bylaw and other applicable enactments respecting safety have been substantially complied - 4.4 The Building Official may direct the immediate cessation or correction of all or any portion of the construction on any site, by attaching an order to that effect on such premises, when, in his or her opinion such work is not being performed substantially in accordance with the provisions of the Building Code or any relevant Bylaws of the Village. Such order shall remain posted on the premises until all work that is not being performed in accordance with the Building Code or this or any other relevant Bylaw has been remedied to the satisfaction of the Building Official. No work, other than the required remedial measures, shall be carried out on the portion of the work affected by the order until such order has been removed by the Building Official only and in writing. - 4.5 Upon expiration of a building permit, the Building Official may grant permit renewal for a period of one year each, up to three times, provided construction is progressing and inspections are being called and passing; notwithstanding the forgoing, if construction is impacted by a declaration of a provincial State of Emergency or a State of Local Emergency, then additional renewals may be approved. - 4.6 The Building Official may refuse to issue a permit: - (a) if the information submitted is inadequate to determine substantial conformance with, or is contrary to the provisions of this Bylaw or any other applicable enactment; - (b) if the information submitted is incorrect; - (c) if issuance is prohibited by or is contrary to a provision of this Bylaw or an other enactment; - (d) for the connection of a fireplace insert to an existing chimney if the existing chimney has not been previously inspected and accepted; or - (e) for the connection of a wood heater or furnace to an existing chimney if the existing chimney has not been previously inspected and accepted. ## 5. DUTIES AND RESPONSIBILITIES OF THE OWNER - 5.1 It is the owner's responsibility, prior to commencing construction to: - (a) investigate the status of the construction site and ensure that any concerns relating to flooding, drainage, soil stability or other potential hazards are addressed; - (b) obtain a current State of Title Certificate from the Land Title Office to determine whether there are encumbrances, which may affect the proposed construction; - (c) confirm that every building or structure or addition to a building or structure meets the siting requirements and any height limitations of the zoning bylaw in effect, and - (d) investigate the availability, location and capacity of utility services to determine whether the proposed construction can be accommodated and arrange the plumbing to suit the location of the connections provided for the lot in a manner satisfactory to the Building Official. - 5.2 The owner shall, during construction: - (a) allow the Building Official to enter the building or premises at any reasonable time for the purpose of administering and enforcing this or any other relevant Village Bylaw; - (b) keep posted in a conspicuous place on the property in respect of which the permit was issued, the placard provided by the Building Official; and - (c) ensure that the reviewed plans and specifications on which the permit is based are continuously available at the site during working hours. - 5.3 The owner shall not continue building construction beyond the foundation stage until the owner has provided a current certificate of location by a registered British Columbia Land Surveyor to certify that the building and/or structure under construction is located on the property in conformance with Village regulations. Notwithstanding the requirements of this Division, where: - i. the building or structure is located on a large parcel such that setback distances to the nearest property line are not a concern; or - ii. the building or structure is located greater than 300 mm (12 in) from a minimum setback as determined by exposing survey pins; the Building Official may accept a letter of certification from the Land Surveyor in lieu of a Certificate of Location, or may waive this requirement entirely if satisfied that no certification is necessary. - 5.4 The owner, when required by the Building Official, shall uncover and replace at his or her own expense any work that has been covered contrary to an order issued by the Building Official. - 5.5 The owner when requested by the Building Official shall provide at his or her expense, tests or inspections necessary to establish substantial conformance with this Bylaw in a form satisfactory to the Building Official. - 5.6 The owner when requested by the Building Official shall provide, in a form satisfactory to the Building Official, evidence to certify substantial conformance with the requirements of this Bylaw, other applicable enactments respecting health and safety and any permits issued. - 5.7 The owner shall ensure that all work is confined within the boundaries of the property and does not adversely affect adjacent properties for which the permit has been issued. - 5.8 The owner is responsible for the cost to repair any damage to Village property that may occur as a result of undertaking work for which a permit was required under this Bylaw. - 5.9 When a site is in an unsafe condition, the owner shall promptly take all action necessary to put the site in a safe condition. - 5.10 The owner shall, prior to the occupancy or use of any building or structure or part thereof and after completion of construction of the building, or part thereof, including work required in connection with any change in classification of occupancy of any building, or part thereof, obtain from the Building Official an occupancy certificate. - 5.11 Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or supporting documents, nor any inspections made by or on behalf of the Village shall in any way relieve the owner and his or her agent from full and complete responsibility to perform the work in strict accordance with this Bylaw, the Building Code and other applicable enactments respecting safety. - 5.12 Where, at the time of application for a building permit, works and services exist on the land to be developed or within that portion of a highway immediately adjacent to the land up to the highway centre line, and if such works and services do not meet the minimum standards established by the Village Subdivision and Development Bylaw No 347 1997, as amended from time to time, then as a condition of issuing a building permit, the owner may be required to improve the substandard works and services to at least the minimum Bylaw standard. - 5.13 Where work is being done subject to a permit under the provisions of this Bylaw, the owner and his or her agent shall be completely responsible for any damage or cost to adjacent property arising out of or incidental to the work and shall save the Village harmless in this regard. ## GENERAL PERMIT REGULATIONS - 6.1 A permit is required whenever work regulated by this Bylaw is to be undertaken. - 6.2 Each building or structure to be constructed on a site requires a separate building permit and shall be assessed a building permit fee as determined in accordance with Appendix "A" to this Bylaw. - 6.3 The Building Official shall prescribe, and may from time to time modify, the form of application for matters within the scope of this Bylaw; and in so doing, may prescribe different forms for different categories of applications. Such forms may require, but not be limited to, the following: - (a) name and contact information of owner and any agents delegated on their behalf; - (b) disclosures such as a condition upon lands, history of buildings, and the intended use of the lands and buildings; - (c) copy of certificate of title, including applicable encumbrances thereupon; and - (d) site or property plans, surveys, surveyor site certificates, geotechnical reports, building plans and specifications, utility information, engineering, site servicing information, photos, and related information - 6.4 No person shall rely upon any permit as establishing conformance with this Bylaw or assume or conclude that this Bylaw has been administered or enforced according to its terms. The person to whom the building permit is issued and his or her agents are responsible for making such determination. - 6.5 The Building Official may require a registered professional to provide design and plan certification and field reviews supported by letters of assurance in the form of Schedules A, B, C-A and C-B as referred to in subsection 2.2.7 of the Building Code, if in the opinion of the Building Official: - (a) the site conditions, soil types, contours or drainage require special foundation design; - (b) the proposed building or structure is not standard construction; or - (c) the proposed building or structure is of a category requiring professional design. - 6.6 Sufficient information shall be filed with each application to clearly identify the property to be developed and to establish that the proposed work will substantially conform to this Bylaw and other applicable enactments. - 6.7 · Prior to construction, the Building Official may require any owner to submit a current survey plan by a registered British Columbia Land Surveyor containing sufficient information regarding the site and location of any building or structure to establish conformance to this Bylaw and any other applicable enactment. - 6.8 No permit shall be issued until: - (a) off-site utilities to service the subject property are completed to the approval of the authority having jurisdiction or the utility providing service and all appropriate connection fees or other construction costs have been paid; - (b) the prescribed permit fee as detailed in Appendix "A" attached hereto and forming a part of this Bylaw has been paid; and - (c) where required, security has been posted. - 6.9 In instances where sanitary sewer is not available, no permit will be issued until the Building Official is provided with written verification that the proposed sewage disposal system is accepted by the Interior Health Authority or Village Public Works authorizes connection to Village system. - 6.10 The Building Official shall issue the permit for which application is made upon: - (a) a completed application in conformance with this Bylaw, including all required supporting documentation submitted and reviewed; - (b) the owner or his or her agent has paid all applicable fees set out in this Bylaw; - (c) the owner or his or her agent has paid all charges and met all requirements imposed by any other applicable statute or Bylaw; and - (d) no covenant, agreement, or regulation of the Village authorizes the permit to be withheld. - 6.11 The Building Official may issue, at the risk of the owner, a permit for the construction of a portion of a building or structure prior to all required plans and specifications for the whole building or complex having been submitted or reviewed, provided: - (a) plans and specifications for the portion in question have been submitted in sufficient detail to satisfy the Building Official that the work to be done will substantially conform with all requirements of the Building Code and any other applicable enactment; and - (b) adequate information and detailed statements have been filed to the extent that the Building Official is satisfied the remainder of the building or structure will substantially conform with all applicable enactments. - 6.12 Every permit is issued upon the condition that the permit shall expire and the rights of the owner under the permit shall terminate if the work authorized by the permit is not commenced within six (6) months or is not completed within two (2) years of the issuance of a permit. - 6.13 The Building Official may grant renewal permits for a further year if satisfied the construction is progressing in accordance with the reviewed plans at a reasonable rate of progress. A permit renewal fee shall be paid in accordance with Appendix "A". - 6.14 The Building Official may revoke a permit where: - (a) there is a contravention of any term or condition under which the permit was issued; or - (b) there is a contravention of any provision of the Building Code or other applicable enactment; or - (c) the permit was issued on the basis of incorrect information supplied by or on behalf of the applicant; and - (d) the permit holder shall be notified in writing of the revocation. - 6.15 A registered professional shall undertake the design and conduct field reviews of the construction of a retaining structure greater than 1.2 m (4 ft) in height. Sealed copies of the design and plan certification and field reviews by means of letters of assurance in the form of Schedule B and C-B as referred to in subsection 2.2.7 of the Building Code shall be submitted to the Building Official. - 6.16 For the purpose of identification, and as a condition of occupancy, every parcel of real property containing a building subject to a permit under this Bylaw must display the street address or other lot identification by means of a clear and legible sign. - 6.17 Where the Village has caused a notice to be filed on the title of a property in accordance with section 57 of the Community Charter, the notice may be removed provided: - (a) the owner has obtained a new permit for the correction of the construction; - (b) deficient construction has been corrected and completed so that the conditions which gave rise to the filing of the notice have been rectified; and - (c) the owner has paid a title notice removal fee in accordance with Appendix "A" of this Bylaw. ## 7. PLUMBING - 7.1 Application for a permit shall be in writing and shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, his or her agent, or a signing officer if the owner is a company; - (b) state the number of fixtures to be installed in the building; - (c) include specifications and drawings made to a suitable scale, for the plumbing system with respect to multi-family, institutional, commercial and industrial buildings showing: - i. site services, including size and location of pipes; - ii. site drainage, including size and location of pipes, catch basins and dry wells; - ill. total fixture load on sanitary sewer and water supply systems; - iv. sanitary riser diagram complete with fixture loads at the base of stacks; and - V. rainwater leaders, size of pipe and area of roof drained; - (d) contain any and all other information necessary to establish substantial conformance with this Bylaw; and - (e) include drawings designed by a registered professional, for complex buildings, and buildings with complex plumbing systems as determined by the Building Official. - 7.2 There shall be separate connections to utility services for each separate parcel of land within the Village connected to such utilities. - 7.3 Except where specifically required by the Village and where a legal right-of-way has been obtained and such plans are accepted by the Village, no plumbing system, drainage system, house sewer, private sewage disposal system or parts thereof, shall be located in any lot other than the property which is the site of the building, structure, or premises serviced by such facilities. ## 8. COMPLEX BUILDINGS - 8.1 An application for a building permit with respect to a complex building shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (b) be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Building Official signed by the owner or a signing officer if the owner is a company; - (c) include a copy of a title search issued within thirty (30) days of the date of the application; - (d) include site plans drawn to suitable scale and referenced to the current registered legal survey for the subject property which shall show: - i. the legal description and address of the site; - ii. by dimensions from property lines, the location of any proposed building or structure; - li. means of access and egress to service the property and a detailed parking layout; - iv. by dimension from property lines, the location of any other existing building(s) on the site; - v. existing and finished ground levels to an established datum; - vi. all easements and rights-of-way whether registered or not, and the setbacks to the natural boundary of any lake, swamp, pond or watercourse; - vii. for other than single and two family dwellings, provisions for garage containers, proposed method of screening and a detailed landscape treatment for the site; and - vili. the Building Official may waive the requirements for a site plan, in whole or in part, where the permit is sought for the repair or alteration of an existing building or structure. - (e) include building plans drawn to suitable scale showing sufficient information to determine substantial conformance with this Bylaw including but not limited to: - i. foundation plans - ii. floor plans showing the dimensions and uses of all areas; - ili. the dimensions and height of crawl and roof spaces; - iv. the location, size and swing of doors; - v. the location, size and opening of windows; - vi. floor, wall, ceiling and roof finishes; - vii. components of fire protection including firewalls; degree of fire separation of storeys, shafts and rooms; fire detection, suppression and alarm system; - viii. plumbing fixtures; - ix. structural mechanical and electrical elements; - x. stair, handrail and guard dimensions; - xi. a cross-section, through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; - xii. elevations of all sides of the building or structure showing finishes, roof slopes, roof top equipment screening, windows, doors, and finished grade; and - xili. Cross-sectional detailed drawings at sufficient locations to illustrate that the building or structure substantially conforms to the Building Code. - (f) 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; - (g) Include a letter of assurance in the form of Schedule A as referred to in subsection 2.2.7 of the Building Code, signed by the owner, or a signing officer of the owner if the owner is a company, and the Coordinating Registered Professional. - (h) include letters of assurance in the form of Schedule B as referred to in subsection 2.2.7 of the Building Code, each signed by such registered professionals as the Building Official or Building Code may require to prepare the design for and conduct field reviews of the construction of the building or structure; - (i) include one (1) copy of specifications and two (2) sets of drawings at a suitable scale of the design prepared by each registered professional and including the information set out in 8.1(e) of this Bylaw; and - (i) Include any other information required by the Building Official or the Building Code to establish substantial conformance with this Bylaw, the Building Code and other applicable enactments relating to the building or structure. - 8.2 In addition to the requirements of 8.1 (d) of this Bylaw, the following may be required by a Building Official to be submitted with a building permit application for the construction of a complex building where in the opinion of the Building Official 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; - (b) a section through the site showing grades, buildings, structures, parking areas and driveways; and - (c) any other information required by the Building Official or the Building Code to establish substantial conformance with this Bylaw, the Building Code and other Bylaws and applicable enactments relating to the building or structure. ## STANDARD BUILDINGS - 9.1 An application for a building permit with respect to a standard building shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (b) be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Building Official signed by the owner or a signing officer if the owner is a company; - (c) include a copy of a title search issued within thirty (30) days of the date of the application; - (d) include site plans drawn to suitable scale and referenced to the current registered legal survey for the subject property which shall show: - i. the legal description and address of the site; - ii. by dimensions from property lines, the location of any proposed building or structure; - ili. means of access and egress to service the property and a detailed parking layout; - iv. by dimension from property lines, the location of any other existing building(s) on the site; - v. existing and finished ground levels to an established datum; - vi. all easements and rights-of-way whether registered or not, and the location of natural water courses; - vii. for other than single and two family dwellings, lot coverage and floor area ratio calculation; - vili. for other than single and two family dwellings, provision for garbage containers, proposed method of screening and a detailed landscape treatment for the site; and - ix. the Building Official may waive the requirements for a site plan, in whole or in part, where the permit is sought for the repair or alteration of an existing building or structure. 8. (e) include building plans drawn to suitable scale showing sufficient information to determine substantial conformance with this Bylaw including but not limited to: - i. foundation plans - ii. floor plans showing the dimensions and uses of all areas: - ill. the dimensions and height of crawl and roof spaces; - iv. the location, size and swing of doors; - v. the location, size and opening of windows; - vi. floor, wall, ceiling and roof finishes; - vii. components of fire protection including firewalls, degree of fire separation of storeys, shafts and rooms; and fire detection, suppression and alarm system; - vili. plumbing fixtures; - ix. structural, mechanical and electrical elements; - x. stair, handrail and guard dimensions; - xi. a cross section, through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; - xii. elevations of all sides of the building or structure showing finishes, roof slopes, roof top equipment screening, windows, doors, and finished grade; and - xili. cross-sectional details drawn at sufficient locations to illustrate that the building or structure substantially conforms to the Building Code. 22. (f) include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewerage disposal permits, and Ministry of Health approvals; 23. (g) include two (2) sets of drawings at a suitable scale including information set out in 9.1(e) of this Bylaw; 24. (h) include any other information required by the Building Official or the Building Code to establish substantial conformance with this Bylaw, the Building Code, and any other Bylaw or enactments relating to the building or structure. - 9.2 In addition to the requirements of 9.1(d) of this Bylaw, the following may be required by a Building Official to be submitted with a building permit application for the construction of a Standard building where in the opinion of the Building Official 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; - (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; - (e) letters of assurance in the form of Schedule B as referred to in subsection 2.2.7 of the Building Code, signed by the registered professional; and - (f) any other information required by the Building Official or the Building Code to establish substantial conformance with this Bylaw, the Building Code, and any other Bylaw or enactments relating to the building or structure. ## 10. POOLS A swimming pool shall be enclosed within a fence of not less than 1.5 metres (5ft) in height with no openings greater than 10 cm in their least dimension. Access through the fence enclosing the swimming pool shall be equipped with a self-closing gate so designed as to cause the gate to return to a locked position when not in use and secured by a spring lock, which will open on the swimming pool side only. Such lock shall be located not less than 150 mm from the top of the gate and not less than 1.0 (3ft) above grade. No inspection is required for this fencing. ## 11. RELOCATION OF A BUILDING OR STRUCTURE - 11.0 An application for a permit to relocate a building other than a factory built building shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (b) be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (c) include a copy of a title search issued within thirty (30) days of the date of the application; - (d) include site plans drawn to suitable scale and referenced to the current registered legal survey for the subject property and shall show: - i. the legal description and civic address of the parcel; - ii. by dimensions from property lines, the location of any proposed building or structure; - iii. means of access and egress to service the property and a detailed parking layout; - iv. by dimension from property lines, the location of any other existing building or structure on the site; 2. existing and finished ground levels to an established datum; - vi. all easements and rights-of-way whether registered or not, and the location of natural water courses; - vii. for other than single and two family dwellings, lot coverage and floor area ratio calculation; and - vili. for other than single and two family dwellings, provision for garbage containers, proposed method of screening and a detailed landscape treatment for the site. 6. (e) identify the existing location of the building or structure and proposed location to which the building or structure is to be moved; and 7. (f) provide written verification by the appropriate utility authorities that all utility services have been disconnected and/or sealed as required. 8. 11.2 Every application for a permit to relocate a building or structure shall be accompanied by security in an amount equal to the estimated cost of completing the building or structure in its new location, in a form and amount acceptable to the Village. 9. 11.3 Should a building or structure which has been relocated subject to the provisions of this Bylaw not be completed within one (1) year from the date of issuance of the permit, the Building Official may send a written notice to the owner stating that the building does not conform with this Bylaw or other enactment and direct the owner to remedy the non-conformance within thirty (30) days from the date of service of the notice. If the non-conformance is not remedied within the period of thirty (30) days, the Village may draw upon the security on deposit and take whatever action is necessary to effect completion of the building and site. ## 12. DEMOLITIONS - 12.1 An application for a permit with respect to a demolition shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (b) be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (c) include a copy of a title search issued within thirty (30) days of the date of the application; and - (d) include site plans drawn to a suitable scale and referenced to the current registered legal survey for the subject property which shall show: - i. the legal description and civic address of the parcel; - ii. location of any existing buildings or structures on the site; and - ili. identify the building or buildings to be demolished. - 12.2 Every person making application for a permit to demolish a building or structure shall, as part of his or her application, provide the Building Official with satisfactory evidence that: - (a) no unsafe condition will be created or permitted; and - (b) provide written verification by the appropriate utility authorities that all utility services have been disconnected and/or sealed as required. - 12.3 Before issuing a permit to demolish any building or structure, the Village may demand, as a condition of issuance that security be provided in a form satisfactory to the Village to ensure that the site of the demolition will be left in a safe condition, free from debris or dust, and compatible with neighbouring properties. The security amount shall be equal to the estimated cost of site restoration as approved by the Village. In the event that the site is not properly restored to a standard satisfactory to the Village, written notice may be sent to the owner requiring that the site be properly restored within thirty (30) days from the date of notice service of the. If the restoration is not carried out within the thirty (30) days, the Village may draw upon the security and take whatever action is necessary to effect restoration of the site. ## 13. TEMPORARY BUILDINGS - 13.1 The word "temporary" shall mean a period not exceeding two (2) years. - 13.2 An application for a permit with respect to a temporary building or structure shall: - (a) be submitted to the Building Official in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (b) be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form provided by the Building Official and signed by the owner, or a signing officer if the owner is a company; - (c) include a copy of a title search made within thirty (30) days of the date of the application; - (d) include site plans drawn to suitable scale and referenced to the current registered legal survey for the subject property which shall show: - i. the legal description and civic address of the parcel; - ii. by dimensions from property lines, the location of proposed building or structure; - means of access and egress to service the property and a detailed parking layout; - iv. by dimension from property lines, the location of any other existing building or structure on the site; - V. existing and finished ground levels to an established datum; - vi. all easements and rights-of-way whether registered or not, and the location of natural water courses; - vii. for other than single and two family dwellings, lot coverage and floor area ratio; and - vili. for other than single and two family dwellings, provision for garbage containers, proposed method of screening and a detailed landscape treatment for the site; and - (e) include security in a form and amount satisfactory to the Village but in any event not less than Two Thousand Dollars ($2000) in value, to guarantee that the building or structure will be removed from the site within the time limit indicated. - 13.3 Temporary buildings shall conform to the requirements of this Bylaw and the siting requirements of the Village Zoning Bylaw in effect at the time. ## 14. PROFESSIONAL DESIGN AND FIELD REVIEW - 14.1 When 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 a registered professional to provide design and plan certification and field review supported by letters of assurance in the form of Schedules B and C-B referred to in subsection 2.2.7 of the Building Code. - 14.2 Prior to the approval of a final inspection for a complex building, or standard building in circumstances where letters of assurance have been required in accordance with this Bylaw, the owner shall provide the Building Official with letters of assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in subsection 2.2.7 of the Building Code. - 14.3 When a registered professional provides letters of assurance in accordance with this Bylaw, he or she shall also provide proof of professional liability insurance in a form provided by the Building Official. ## 15. PROFESSIONAL PLAN CERTIFICATION - 15.1 The letters of assurance in the form of Schedule B referred to in subsection 2.2.7 of the Building Code and required pursuant this Bylaw are relied upon by the Village and its Building Official as certification that the design and plans to which the letters of assurance relate substantially conform to the Building Code and other applicable enactments relating to health and safety. - 15.2 A building permit issued pursuant to the requirements of this Bylaw shall include a notice to the owner that the building permit is issued in reliance upon the certification of the registered professionals that the design and plans submitted in support of the application for the building permit conform with the Building Code and other applicable enactments relating to safety. - 15.3 When a building permit is issued in accordance with the requirements of this section of the Bylaw, permit fee shall be reduced pursuant to Appendix "A". ## 16. INSPECTIONS - 16.1 When a registered professional provides letters of assurance in accordance with this Bylaw, the Village will rely solely on the letters of assurance submitted pursuant to section 14.2 of this Bylaw as certification that the construction substantially conform to the design, plans and specifications and that the construction complies with the Building Code, this Bylaw and other applicable enactments. - 16.2 Notwithstanding section 16.1 of this Bylaw, a Building Official may attend the site from time to time during the course of construction to ascertain that the field reviews are taking place and to monitor the field reviews undertaken by the registered professionals. - 16.3 A Building Official may attend periodically at the site of the construction of standard buildings or structures to ascertain whether the Health and Safety Aspects of the Work are being carried out in substantial conformance with those portions of the Building Code, this Bylaw and any other applicable enactment concerning safety. - 16.4 The owner, or his or her agent, shall give a minimum of one working day notice of the following aspects of the work and, in the case of a Standard Building, shall obtain an inspection and receive a Building Official's acceptance of the following aspects of the work prior to concealing it: - (a) of intent to do work that has been ordered by the Building Official inspected during construction; - (b) of intent to cover work that has been ordered by the Building Official to be inspected prior to covering; - (c) when work has been completed so that a final inspection can be made; - (d) and, while not limiting the generality of the foregoing, at the following stages of construction: - i. when the forms for footings are complete, but prior to placing of any concrete therein; - il. when concrete slab damp proofing or soil gas control measures have been installed, but prior to pouring a concrete slab; - iii. when foundation concrete damp-proofing, waterproofing and perimeter drains are complete, or after framing of a preserved wood foundation wall and floor assembly and application of damp-proofing, but prior to any backfill being placed; - iv. when framing and sheathing of the building are complete, including the installation of roof membrane, all exterior doors and windows, fire-stopping, bracing, chimneys, duct work, plumbing, gas venting and wiring, but before any insulation, drywall or other interior or exterior finish is applied which would conceal such work; - v. when the rough-in plumbing system, including interior water supply and drain waste and vent piping are complete, but before any such plumbing is covered; - vi. when exterior stucco wire and flashing is complete but prior to placement of any scratch coat thereon; - vii. when insulation and vapour barrier are complete but prior to placement of any finish thereon; and, in the case where performance based criteria supported by a blower-door test result is required, an intermediate test may be undertaken at this stage; - vili. during the construction of any masonry fireplace, when cantilevered hearth forms are in place but prior to pouring concrete; at the smoke chamber stage; for a free-standing masonry chimney, at the thimble stage; before any factory-built or site constructed fireplace or chimney is enclosed by combustible material; and before the chimney cap is placed on a masonry chimney; and - ix. when all work is complete but prior to occupancy. - 16.4 For greater certainty, in the case of Complex Buildings, the requirement under 16.4 to notify the Building Official of the listed stages of construction does not oblige the Building Official to attend the site for inspections, monitoring or any other purpose. - 16.5 Notwithstanding the requirement for inspection under this Bylaw, a Building Official may, when unable to attend a construction site on the date of a required inspection due to travel distance or time constraint, alternatively determine on the basis of information provided by the owner or contractor the acceptability of work shown or described within that information. The Building Official may require that photographs, electronic data or transmissions or written reports from certified persons be provided for review prior to authorizing the concealment of that work. ## 17. OCCUPANCY CERTIFICATE - 17.1 No person shall occupy or use a building or structure or part of a building or structure until an occupancy certificate has been issued. - 17.2 An occupancy certificate shall not be issued unless: - (a) all letters of assurance have been submitted when required in accordance with this Bylaw; and - (b) all aspects of the work requiring inspection and acceptance pursuant to section 16.4 of this Bylaw have been inspected and accepted. - 17.3 A Building Official may issue a provisional occupancy certificate valid for ninety (90) days from the date of issuance, where construction of a building or structure has been substantially completed and the health and safety requirements of this Bylaw and the Building Code have been met. Such provisional occupancy certificate may be renewed a maximum of three times, conditionally, based upon any terms or conditions specified by the Building Official; thereafter, occupancy may be revoked, and an order may be posted if the outstanding conditions have not been met. The owner shall pay the provisional occupancy certificate fee as specified in Appendix "A" to this Bylaw prior to issuance of the certificate or any extensions. ## 18. FEES AND CHARGES - 18.1 In addition to applicable fees and charges required under other Bylaws, a permit fee, calculated in accordance with Appendix "A", shall be paid in full prior to issuance of any permit under this Bylaw. - 18.2 The application fee as set out in Appendix "A" shall accompany an application made for a building permit to this Bylaw and shall be subject to the following: - (a) permit application fee is non-refundable; - (b) an application shall be cancelled and the permit application fee forfeited if the permit has not been issued and the permit fee paid within six months of the date of notification to the owner that the permit is ready to be issued; and - (c) when an application is cancelled the plans and related documents submitted with the application may be destroyed. - 18.3 The owner may obtain a refund of the permit fees set out in Appendix "A" when a permit is surrendered and cancelled before any construction begins, provided the refund shall not include the permit application fee paid pursuant to section 18.2 of this Bylaw. - 18.4 Where, due to non-conformance with this Bylaw, more than two inspections are necessary when one inspection is normally required, for each inspection after the second inspection, a re-inspection charge as set out in Appendix "A" shall be paid prior to additional inspections being performed. - 18.5 Where a required inspection is requested to be done, after the hours during which the offices of the Village are normally open, an inspection charge shall be payable based on the time actually spent in making such inspection, including travel time. ## 19. DISCLAIMER OF WARRANTY OR REPRESETNATION - 19.1 Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the Village constitute in any way a representation, warranty, assurance or statement that the Building Code, this Bylaw or other applicable enactments have been complied with. ## 20. PENALTIES AND ENFORCEMENT - 20.1 Every person violating any provision of this Bylaw commits an offence punishable on summary conviction to a fine of not less than One Hundred Dollars ($100) or more than Ten Thousand Dollars ($10,000) or to imprisonment of not more than six months for each offence. A separate offence shall be deemed to be committed on each day during or on which a violation occurs or continues. - 20.2 Every person who fails to conform with any order or notice issued by a Building Official, or who allows a violation of this Bylaw to continue, contravenes this Bylaw. - 20.3 A Building Official may order the cessation of any work that is proceeding in contravention of the Building Code or this Bylaw, or other applicable enactments by posting a Stop Work Order. - 20.4 The owner of property on which a Stop Work Order has been posted, and every other person, shall cease all construction work immediately and shall not do any work until all applicable provisions of this Bylaw have been substantially complied with and the Stop Work Order has been rescinded in writing by a Building Official. - 20.5 Where a person occupies a building or structure or part of a Building or structure in contravention of section 3.1.(d) of this Bylaw a Building Official may post a "Do Not Occupy" notice on the affected part of the building or structure. - 20.6 The owner of property on which a "Do Not Occupy" notice has been posted, and every person, shall 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. - 20.7 Any penalty imposed pursuant to this Bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law, or regulation. - 20.8 Where there is a violation of this Bylaw, whether a notice has been registered on the property title or not, the Building Official may refuse to issue a building permit for an addition to or alternation of any offending, unsafe, or unpermitted building or structure until it has been brought into substantial Bylaw and Building Code compliance; qualifying, building permits may be issued for any other detached building or structure on the property ## 21. EFFECTIVE DATE - 22.1 This Bylaw shall come into effect on the date of adoption by Council.   READ A FIRST TIME READ A SECOND TIME READ A THIRD TIME RECONSIDERED and FINALLY ADOPTED this 9'h day of August, 2023. this 23"d day of August, 2023. this 23d day of August, 2023. this 13" day of September, 2023. Vim Mil CORPORATE OFFICER ## APPENDIX "A" SCHEDULE OF PERMIT FEES - A. For the purpose of calculating the fee for permits under this Bylaw, the value of construction shall be the total contract price for the work including all subcontracts or the value of construction as determined by the Building Official on the basis of plans, specifications and information available to him or her, whatever value shall be greater. ## BUILDING PERMIT APPLICATION FEES A non-refundable permit application fee of $200 or the calculated building permit fee, whichever is less, shall be charged for all permits. The building permit fee shall include this non-refundable application fee. ## C. BUILDING PERMIT FEE | (1) | Construction Value | Construction Value | Fee | |-------|------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------|-------| | | (a) | $1 to $1,000; | $50 | | | (b) | $50 plus for each $1,000 or part thereof by which the value exceeds $1,000 up to a maximum of $400,000 as additional fees; and | $9 | | | (c) | each additional $1,000 or part thereof by which the value exceeds $400,000 as additional fees | | | D. | PLUMBING PERMIT FEE | PLUMBING PERMIT FEE | | | (1) | | Minimum fee for any plumbing permit or first fixture | $75 | | (2) | | Permit fee for each fixture after the first fixture | $10 | | (3) | | Permit fee for an interceptor or catch basin | $15 | | (4) | | Permit fee for the installation of a backflow prevention device | $15 | | (5) | Permit fee for any fire sprinkler system | Permit fee for any fire sprinkler system | | | | (a) | First 25 sprinkler heads | $50 | | | (b) | Each additional sprinkler head after the first 25 | $1 | ## PERMIT FEE SURCHARGE In addition to other fees payable in accordance with this Appendix at the time of permit issuance, a urcharge will apply to all building permits as follows - $500 where the construction value is less than $50,000; - $1500 where the construction value exceeds $50,000; and - if work associated with a building permit is completed and the permit closed within two years of the date of issue and there is no damage to Village infrastructure or property, the Building Official shall rebate the surcharge fee to the original payee." ## SPECIAL INSPECTION instion such is those to estatist complate contus, or notice of cite releasion and volut0 ## G. MANUFACTURED HOMES AND COMBINATION OR RELOCATED BUILDINGS - (1) Permit fee for manufactured homes including skirting, foundation, blocking, landing and stairs up to 2m? (21 ft'), water and sewer service connections $500 - (2) Permit fee for manufactured homes or relocated buildings placed on permanent foundations extending below ground level will be $500 plus an additional fee based on the value of the foundation as determined by the Building Official but shall total no less than $150 per required inspection. ## RENEWAL PERMIT FEE The fee for a renewal permit shall be $200 each renewal period of one year. ## 1. PROVISIONAL OCCUPANCY CERTIFICATE FEE The fee for a provisional occupancy certificate shall be $100 for each issuance period of 90 days. - TEMPORARY BUILDING Fee for a permit to construct, place or occupy a temporary building for up to two years or part thereof $400 - K. CHIMNEY Fee for the installation of a chimney or masonry fireplace - L. REMOVAL OF NOTICE ON LAND TITLE Fee for the removal of a land title notice. - M. DEMOLITION OR RELOCATION The fee for a permit to demolish a building. - N. REINSPECTION FEE Where any re-inspection carried out pursuant to this Bylaw discloses faulty work and a subsequent inspection is thereby made necessary, the fee for each subsequent inspection shall be $50. 0. DOUBLE PERMIT FEE Where work for which a permit is required by this Bylaw has been commenced prior to issuance of a permit, whether a stop work order is posted or not, the applicant shall pay to the Building Official double the fee prescribed in this Schedule, up to an additional $2,000. ## PERMIT FEE REFUND Where no construction has commenced within six (6) months of building permit issuance, should the permit holder apply in writing to cancel the application or permit, the Building Official shall refund 75% of the original permit fee. $100 $200 $50 ## Q. FEE REDUCTION FOR PROFESSIONAL SUPERVISION Where a professional engineer or architect is retained by the owner and an undertaking is provided to coordinate design and field reviews on the project, the building permit fee will be reduced by 5%. ## BUILDING INFORMATION REQUEST The fee for researching building permit files. ## PERMIT APPLICATION LEGAL CHANGE The fee for any legal change on title, such as ownership or subdivision, requiring revisions to the permit application records. $75 ## T. PERMIT DESIGN AND CONSTRUCTION MAJOR MODIFICATION If an issued permit is active or application plans have been reviewed and the owner proposes significant lodifications to the building whereby the design changes and the value of the work change gardless whether the value increases or decreases, a fee of $100 per hour will be charged based the hours, or portions thereof, expended for modified plan review. $75