District of Coldstream Building Bylaw No. 1758, 2021
Coldstream, British Columbia
· No. 1758
· adopted 2021-02-22
· summary & facts
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Building Bylaw
Bylaw No. 1758, 2021
adopted February 22, 2021
CONSOLIDATED FOR
CONVENIENCE ONLY
Includes amendments adopted
up to May 23, 2023
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
Page 2
Record of Amendments
to
District of Coldstream Building Bylaw No. 1758, 2021
Amendment
Bylaw No.
Adoption
Amendment
1791, 2021 Dec. 13, 2021
- Addition of Definitions: BC Energy Step Code, Building Energy Label, Energy
Advisor, GHG;
- Amend the definition of "pool";
- Addition of Section 16 Energy Conservation and GHG Emission Reduction &
renumbering sections
1827, 2023 May 23, 2023
- Amend Schedule A "Energy Conservation and GHG Emission Reduction"
Section 16.2
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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TABLE OF CONTENTS
TITLE ...................................................................................................................................................................... 5
INTERPRETATION ................................................................................................................................................... 5
Definitions ................................................................................................................................................................. 5
Severability ............................................................................................................................................................... 9
PURPOSE OF BYLAW .............................................................................................................................................. 9
SCOPE AND EXEMPTIONS .................................................................................................................................... 10
Application .............................................................................................................................................................. 10
Limited Application to Existing Buildings ................................................................................................................ 11
PROHIBITIONS ..................................................................................................................................................... 11
PERMIT CONDITIONS ........................................................................................................................................... 12
POWERS OF A BUILDING OFFICIAL ....................................................................................................................... 13
Administration ........................................................................................................................................................ 13
Refusal and Revocation of Permits ......................................................................................................................... 13
Right of Entry .......................................................................................................................................................... 14
Powers .................................................................................................................................................................... 14
OWNER'S RESPONSIBILITIES ................................................................................................................................ 15
Permit Requirements .............................................................................................................................................. 15
Owner's Obligations ................................................................................................................................................ 15
Damage to Municipal Works................................................................................................................................... 16
Demolition .............................................................................................................................................................. 16
Notice ...................................................................................................................................................................... 16
OBLIGATIONS OF OWNER'S CONSTRUCTOR ........................................................................................................ 17
REGISTERED PROFESSIONAL'S RESPONSIBLITIES .................................................................................................. 17
Professional Design and Field Review ..................................................................................................................... 17
Requirement For A Registered Professional ........................................................................................................... 18
Professional Plan Certification ................................................................................................................................ 18
GENERAL BUILDING APPLICATION REQUIREMENTS ............................................................................................. 19
Requirements before Applying for a Building Permit ............................................................................................. 19
Building Permit Applications for Simple Buildings .................................................................................................. 20
Building Permit Applications for Complex Buildings ............................................................................................... 22
Site and Location Information ................................................................................................................................ 24
Building Permit Fee ................................................................................................................................................. 25
This Table of Contents is provided for
convenience only and does not form
part of Bylaw No. 1758
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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Security Deposit with Building Permit Application ................................................................................................. 25
Permit Fee Refunds ................................................................................................................................................. 26
Design Modification ................................................................................................................................................ 26
Construction Before Permit Issued ......................................................................................................................... 26
Expiration of Application For A Permit ................................................................................................................... 26
Issuance Of A Building Permit ................................................................................................................................. 27
Compliance with the Homeowner Protection Act ................................................................................................... 27
Partial Construction ................................................................................................................................................ 28
Conditions of a Building Permit .............................................................................................................................. 28
Inspections .............................................................................................................................................................. 28
'Stop Work Order' Notice ....................................................................................................................................... 30
'Do Not Occupy' Notice ........................................................................................................................................... 31
Inspection and Other Fees ...................................................................................................................................... 31
Permit Expiration .................................................................................................................................................... 32
Permit Extension ..................................................................................................................................................... 32
Building Permit Revocation ..................................................................................................................................... 32
Building Permit Cancellation ................................................................................................................................... 32
Occupancy ............................................................................................................................................................... 33
Provisional Occupancy ............................................................................................................................................ 34
RETAINING WALLS AND GRADES ......................................................................................................................... 34
MOVING BUILDING .............................................................................................................................................. 34
NUMBERING OF BUILDINGS................................................................................................................................. 35
POOLS .................................................................................................................................................................. 35
Swimming Pool Permit and Fencing ....................................................................................................................... 35
Pool Gate ................................................................................................................................................................ 35
Maintenance ........................................................................................................................................................... 36
ENERGY CONSERVATION AND GHG EMISSION REDUCTION ................................................................................ 36
OFFENCES ............................................................................................................................................................ 36
Violations ................................................................................................................................................................ 36
Deemed Offence ..................................................................................................................................................... 37
REPEAL ................................................................................................................................................................ 37
IN FORCE.............................................................................................................................................................. 37
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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DISTRICT OF COLDSTREAM
BYLAW NO. 1758, 2021
A BYLAW FOR THE ADMINISTRATION OF THE BUILDING CODE AND REGULATIONS OF CONSTRUCTION
WHEREAS the Council of the District of Coldstream may, by bylaw, regulate, prohibit and impose
requirements with respect to the buildings and structures under sections 8(3)(g) and (l) of the
Community Charter, and for the following under section 53(2):
(a) The provision of access to a building or other structure, or to part of a building or other
structure, for a person with disabilities;
(b) The conservation of energy or water;
(c) The health and safety or protection of persons or property;
AND WHEREAS the Council is enacting this Bylaw to regulate construction and administer the British
Columbia Building Code in the District of Coldstream in accordance with the Community Charter and the
Building Act;
AND WHEREAS the Council has employed trained Building Officials for the purposes of this Bylaw;
NOW THEREFORE the Council of the District of Coldstream ENACTS AS FOLLOWS:
TITLE
1.1
This Bylaw may be cited as "DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021".
INTERPRETATION
Definitions
2.1
In this Bylaw
"accepted" means reviewed by the Building Official under the applicable provisions of the
Building Code and this Bylaw;
"addition" means an alteration to any building which will increase the total aggregate floor area
or the building height (in storeys), and includes the provision of two or more separate buildings
with openings between each other for intercommunication;
"agent" includes a firm, corporation or other person representing the owner, by written
designation or contract, and includes a hired tradesperson or constructor who may be granted a
permit for work within the limitations of his or her licence;
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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"alternative solution" means an alternative solution authorized under the Building Code;
"alteration" means a change, repair or modification of the construction or arrangement of or
use of any building or structure, or to an occupancy regulated by this Bylaw;
"Architects Act" means the Architects Act RSBC 1996, c. 17, as amended;
"BC Energy Step Code" means the requirements set out in Section 16 of this Bylaw and Division
B, Part 9 and 10 of the Building Code";
Amendment Bylaw 1791, 2021
"Building Code" means the British Columbia Building Code as adopted by the Minister
responsible under provincial legislation, as amended or re-enacted from time to time;
"Building Energy Label" means information about a building's energy use, efficiency ratings,
how the rating was calculated and where energy is consumed in the building which is posted in
a location that is protected from moisture and threat of damage; Amendment Bylaw 1791, 2021
"Building Official" means the person designated in or appointed to that position by the District,
and includes a building inspector, plan checker, or plumbing inspector designated or appointed
by the District, and for certainty the Building Official is the "building inspector" referred to in the
Community Charter and Local Government Act;
"complex building" means
(a) a building used for a major occupancy classified as
(i) assembly occupancy;
(ii) care occupancy;
(iii) detention occupancy;
(iv) high hazard industrial occupancy,
(v) treatment occupancy; or
(vi) post-disaster building,
(b) a building exceeding 600 m2 in building area or exceeding three storeys in building height
used for a major occupancy classified as
(i) residential occupancy;
(ii) business and personal services occupancy;
(iii) mercantile occupancy; or
(iv) medium and low hazard industrial occupancy,
"coordinating registered professional" means a registered professional retained pursuant to the
Building Code to coordinate all design work and field reviews of the registered professionals
required for a development;
"construct" includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
"constructor" means a person who constructs;
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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"District" means the District of Coldstream;
"Energy Advisor" means a person who is registered as an energy advisor with Natural Resources
Canada or another Canadian Federal Agency;
Amendment Bylaw 1791, 2021
"Engineers and Geoscientists Act" means the Engineers and Geoscientists Act RSBC 1996, c. 116;
"existing", in respect of a building, means that portion of a building constructed prior to the
submission of a permit application required under this Bylaw;
"foundation" means a system or arrangement of foundation units through which the loads from
a building are transferred directly to supporting soil or rock and includes any portion of the
exterior walls of a building that lie below the finished grade immediately adjacent to the
building;
"GHG" means greenhouse gas, as defined by the Climate Change and Accountability Act, as
amended from time to time;
Amendment Bylaw 1791, 2021
"health and safety aspects of the work" means design and construction regulated by Parts 3, 4,
5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to Parts 1 and 2 in relation to
Parts 3 through 10, Division B;
"owner" means the registered owner in fee simple, or an agent duly authorized by the owner in
writing in the form prescribed by the District;
"permit" means permission or authorization in writing by the Building Official to perform work
regulated by this Bylaw and, in the case of a final inspection notice, 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, at any point,
exceeding 0.6 m, and a surface area of more than 15.0 square meteres;
Amendment Bylaw 1791, 2021
"professional design" means the plans and supporting documents bearing the date, seal or
stamp, and signature of a registered professional;
"project" means any construction operation;
"registered professional" means:
(a) person who is registered or licensed to practice as an architect under the Architects Act
and has experience in the practice of architecture; or
(b) a person who is registered or licensed to practice as a professional engineer under the
Engineers and Geoscientists Act and has experience in the relevant branch of
engineering or geoscience.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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"retaining wall" means a structure exceeding 1.2 m in height that holds or retains soil or other
material behind it;
"simple building" means a building of three storeys or less in building height, having a building
area not exceeding 600 m2 and used for a major occupancy classified as
(a)
residential occupancy;
(b)
business and personal services occupancy;
(c)
mercantile occupancy;
(d)
medium hazard industrial occupancy; or
(e)
low hazard industrial occupancy,
"structure" means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and retaining
structures less than 1.2 m in height;
"temporary building" includes a sales office, construction office or a structure in which tools are
stored during construction of a building or other structure;
"value of the work" means the total cost of a proposed building or structure determined from
an executed construction contract or an estimated value of the building or structure established
by the Building Official, who may use the "Marshall Valuation Service" where deemed
appropriate.
2.2
In this Bylaw the following words and terms have the meanings
(a)
set out in section 1.4.1.2 of the Building Code as of the date of the adoption of this Bylaw:
accessible assembly occupancy, building, building area, building height, business and
personal services occupancy, care occupancy, constructor, coordinating registered
professional, designer, detention occupancy, excavation, field review, firewall, first storey,
grade, high hazard industrial occupancy, industrial occupancy, low hazard industrial
occupancy, major occupancy, medium hazard industrial occupancy, mercantile occupancy,
occupancy, post disaster occupancy, private sewage disposal system, registered
professional, residential occupancy, treatment occupancy, unsafe condition;
(b)
subject to this Bylaw, set out in the Schedule to the Community Charter: assessed value,
highway, land, occupier, parcel, public authority, service, soil; and
(c)
subject to this Bylaw, set out in section 29 of the Interpretation Act: may, must,
obligation, person, property, writing, written, year.
2.3
Every reference to this Bylaw in this or another bylaw of the District is a reference to this Bylaw
as amended to the date of the reference.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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2.4
Every reference to
(a)
the Building Code is a reference to the current edition as of the date of issuance of the
building permit; and
(b)
a section of the Building Code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
2.5
Definitions of words and phrases used in this Bylaw that are not included in the definitions in
this section have the meanings commonly assigned to them in the context in which they are
used in this Bylaw, considering the specialized use of terms with the various trades and
professions to which the terminology applies.
2.6
Words in the singular include the plural, and words in the plural include the singular.
2.7
Headings are for convenience only and must not be construed as defining or limiting the scope
or intent of the provisions.
Severability
2.8
If a section, subsection, paragraph, subparagraph or phrase of this Bylaw is for any reason
declared invalid by a court of competent jurisdiction, the decision will not affect the validity of
the remaining portions of this Bylaw.
PURPOSE OF BYLAW
3.1
Despite any other provision in this Bylaw, this Bylaw must be interpreted in accordance with this
section.
3.2
Every permit issued under this Bylaw is issued expressly subject to the provisions of this section.
3.3
This Bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in
the District in the public interest.
3.4
The purpose of this Bylaw does not extend to
(a)
the protection of owners, designers or constructors from economic loss;
(b)
the assumption by the District or any Building Official of any responsibility for ensuring the
compliance by any owner, his or her representatives or any employees, constructors or
designers retained by the owner, with the Building Code, the requirements of this Bylaw,
or other applicable enactments, codes or standards;
(c)
providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit or occupancy permit is issued under this Bylaw;
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(d)
providing any person a warranty or assurance that construction undertaken under building
permits issued by the District is free from latent, or any, defects; or
(e)
the protection of adjacent real property from incidental damage or nuisance.
SCOPE AND EXEMPTIONS
Application
4.1
This Bylaw applies to the geographical area of the District and to land, the surface of water, air
space, buildings or structures in the District.
4.2
This Bylaw applies to the design, construction or occupancy of new buildings or structures, and
the alteration, addition, reconstruction, demolition, removal, relocation or occupancy or change
of use or occupancy of existing buildings and structures.
4.3
This Bylaw does not apply to
(a)
buildings or structures exempted by Part 1 of the Building Code except as expressly
provided herein;
(b)
accessory buildings less than 10 m2 in building area that do not create a hazard, on the
condition that the building is sited in accordance with the District's current Zoning Bylaw;
(c)
retaining structures 1.2 m in height or less;
(d)
fences;
(e)
bridges, except pedestrian and vehicle bridges attached to buildings;
(f)
docks or wharves, except where a building is constructed on a dock or wharf;
(g)
deck additions, except a deck where the difference in elevation between the deck surface
and the ground surface at any point is 0.6 m or more and on the condition that the deck is
sited in accordance with the District's current Zoning Bylaw;
(h)
greenhouses or other similar structures covered by a polyethylene film and intended to be
used solely for the production of agricultural products;
(i)
travel trailers and similar recreational vehicles within a commercial campground as
designated by the District;
(j)
site services within a manufactured home park or a commercial campground as
designated by the District;
(k)
site services for a bare land strata development under the Strata Property Act; and
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(l)
a building or structure commonly known as "Canadian Standards Association Z240 MH
series, Z241 series or A277 series", except as regulated by the Building Code. This
exemption does not apply to the siting or installation of said structure, where a permit
may be required.
Limited Application to Existing Buildings
4.4
Except as provided in the Building Code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has been
constructed before the enactment of this Bylaw, the enactment of this Bylaw is not to be
interpreted as requiring that the building must be reconstructed and altered, unless it is
expressly so provided by this or another bylaw, regulation or statute.
4.5
This Bylaw applies if the whole or any part of an existing building is moved either within or into
the District, including relocation relative to parcel lines created by subdivision or
consolidation. Section 13 applies to building moves.
4.6
If an alteration is made to an existing building the alteration must comply with this Bylaw and
the Building Code and the entire building must be made to comply with this Bylaw and the
Building Code, but only to the extent necessary to addresses any new infractions introduced in
the remainder of the building as a result of the alteration.
4.7
If an alteration creates an addition to an existing building, the alteration or addition must
comply with this Bylaw and the Building Code and the entire building must be made to comply
with this Bylaw and the Building Code, but only to the extent necessary to address any new
infractions introduced in the remainder of the building as a result of the alteration or addition.
PROHIBITIONS
5.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or occupancy of any building
or structure, including other work related to construction
(a)
except in conformity with the requirements of the Building Code and this Bylaw; and
(b)
unless a Building Official has issued a valid and subsisting permit for the work under this
Bylaw.
5.2
A person must not occupy or permit the occupancy of any building or structure or part of any
building or structure
(a)
unless a subsisting final inspection notice and/or a provisional occupancy has been issued
by a Building Official for the building or structure or the part of the building or structure;
or
(b)
contrary to the terms of any permit issued or any notice given by a Building Official.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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5.3
A person must not knowingly submit false or misleading information to a Building Official in
relation to any permit application or construction undertaken pursuant to this Bylaw.
5.4
Except in accordance with this Bylaw, including acceptance of revised plans or supporting
documents, a person must not erase, alter or modify plans and supporting documents after the
same have been reviewed by the Building Official, or plans and supporting documents which
have been filed for reference with the Building Official after a permit has been issued.
5.5
A person must not, unless authorized in writing by a Building Official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted or affixed to a
building or structure pursuant to this Bylaw.
5.6
A person must not do any work that is substantially at variance with the accepted design or
plans of a building, structure or other works for which a permit has been issued, unless that
variance has been authorized in writing by a Building Official.
5.7
A person must not interfere with or obstruct the entry of a Building Official or other authorized
official of the District on property in the administration of this Bylaw.
5.8
A person must not construct on a parcel unless the civic address is conspicuously posted on the
front of the premises or on a sign post so it may be easily read from the public highway from
which it takes its address.
5.9
A person must not contravene an administrative requirement of a Building Official made under
any provision of this Bylaw.
5.10
A person must not change the use, occupancy or both of a building or structure or a part of a
building or structure without first applying for and obtaining a building permit under this Bylaw.
PERMIT CONDITIONS
6.1
A permit is required if work regulated under this Bylaw is to be undertaken.
6.2
Neither the issuance of a permit under this Bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on behalf of
the District will in any way
(a)
relieve the owner (and if the owner is acting through an agent, the agent of the owner)
from full and sole responsibility to perform the work in respect of which the permit was
issued in strict compliance with this Bylaw, the Building Code, and all other applicable
codes, standards and enactments;
(b)
constitute a representation, warranty, assurance or statement that the Building Code, this
Bylaw or any other applicable enactments respecting safety, protection, land use and
zoning have been complied with; or
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
Page 13
(c)
constitute a representation or warranty that the building or structure meets any standard
of materials or workmanship.
6.3
A person shall not rely on any permit as establishing compliance with this Bylaw or assume or
conclude that this Bylaw has been administered or enforced according to its terms.
6.4
Without limiting section 6.2(a), it is the full and sole responsibility of the owner (and if the
owner is acting through a representative, the representative of the owner) to carry out the work
in respect of which the permit was issued in compliance with the Building Code, this Bylaw and
all other applicable codes, standards and enactments.
POWERS OF A BUILDING OFFICIAL
Administration
7.1
Words defining the authority of a Building Official are to be construed as internal administrative
powers and not as creating a duty.
7.2
A Building Official may
(a)
administer this Bylaw, but owes no public duty to enforce or administer this Bylaw;
(b)
keep records of applications received, permits, notices and orders issued, inspections and
tests made, and may retain copies of all papers and documents connected with the
administration of this Bylaw;
(c)
establish or require an owner to establish whether a method or type of construction or
material used in the construction of a building or structure complies with the
requirements and provisions of this Bylaw and the Building Code; and
(d)
direct that tests of materials, equipment, devices, construction methods, structural
assemblies or foundations be carried out, or that sufficient evidence or proof be
submitted by the owner, at the owner's sole expense, where such evidence or proof is
necessary to determine whether the material, equipment, device, construction or
foundation condition complies with this Bylaw and the Building Code.
Refusal and Revocation of Permits
7.3
A Building Official may refuse to issue a permit if the proposed work will contravene the
requirements of the Building Code or the provisions of this or any other bylaw of the District,
and must state the reason in writing.
7.4
A Building Official may revoke a permit if, in their opinion, the results of tests on materials,
devices, construction methods, structural assemblies or foundation conditions contravene the
Building Code or the provisions of this Bylaw, or both, or if all permits required under this Bylaw
have not been obtained.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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Right of Entry
7.5
Subject to section 16 of the Community Charter, a Building Official may enter on property at any
time to ascertain whether the requirements of this Bylaw are being met.
Powers
7.6
Subject to applicable enactments, a Building Official may by notice in writing require
(a)
a person who contravenes any provision of this Bylaw to comply with that provision within
the time ordered;
(b)
an owner to stop work on a building or structure, or any part of a building or structure, if
the work is proceeding in contravention of this Bylaw, the Building Code, or any other
enactment of the District or other applicable enactments, or if there is deemed to be an
unsafe condition, and may enter on property to affix or post a 'Stop Work Order' in the
form prescribed by the Building Official;
(c)
an owner to remove or prevent any unauthorized encroachment on a public parcel, a
statutory right of way or easement, or a setback or yard required under an enactment;
(d)
an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this Bylaw;
(e)
an owner to have work inspected by a Building Official prior to covering;
(f)
an owner to uncover any work that has been covered without inspection contrary to this
Bylaw or an order issued by a Building Official;
(g)
a person to cease any occupancy in contravention of a provision of this Bylaw;
(h)
a person to cease any occupancy if any unsafe condition exists because of work being
undertaken but not complete and where the Building Official has not issued a final
inspection notice for the work;
(i)
an owner to correct any unsafe condition; and
(j)
an owner to correct any work that contravenes this Bylaw, the Building Code, or any other
enactment.
7.7
Every reference to "owner" in section 7.6 includes a reference to the owner's agent or
contractor.
7.8
Every person served with a notice under this section must comply with that notice
(a)
within the time ordered, or
(b)
if no time is ordered, immediately.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
Page 15
OWNER'S RESPONSIBILITIES
Permit Requirements
8.1
Subject to section 11, every owner must apply for and obtain a permit, prior to
(a)
constructing, repairing or altering a building or structure, including a pool or retaining
wall;
(b)
moving a building or structure into or within the District;
(c)
demolishing a building or structure;
(d)
occupying a new building or structure;
(e)
constructing a masonry fireplace or installing a wood-burning appliance or chimney,
whether attached to, part of or detached from a building;
(f)
changing the use or occupancy of a building;
(g)
installing plumbing systems related to the inspections undertaken pursuant to this Bylaw
as outlined in section 11.31;
unless the works are the subject of another valid and subsisting building permit.
8.2
Every owner must ensure that plans submitted with a permit application bear the name, phone
number, address and email address of the designer of the building or structure.
Owner's Obligations
8.3
Every owner must
(a)
comply with the Building Code, the requirements of this Bylaw and the conditions of a
permit, and must not omit any work required by the Building Code, this Bylaw or the
conditions of a permit;
(b)
ensure that all permits, all plans and specifications and supporting documents on which a
permit was based, all municipal inspection certificates, and all professional field reviews
are available at the site of the work for inspection during working hours by the Building
Official, and that all permits are posted conspicuously on the site during the entire
execution of the work; and
(c)
prior to the issuance of a building permit, execute and submit to the District an owner's
undertaking in the form prescribed by the District.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
Page 16
8.4
Every owner and every owner's agent, must carry out construction or have the construction
carried out in accordance with the requirements of the Building Code, this Bylaw and other
bylaws of the District and none of the issuance of a permit under this Bylaw, the review of plans
and supporting documents, or inspections made by a Building Official or a registered
professional shall relieve the owner, or his or her agent, from full and sole responsibility to
perform the work in strict accordance with this Bylaw, the Building Code and all other applicable
codes, standards and enactments.
8.5
Every owner must allow a Building Official to enter any building or premises at any reasonable
time to administer and enforce this Bylaw.
8.6
Every owner to whom a permit is issued must, during construction, post the Building Permit
Card issued by the Building Official, so that it may be easily read from the public highway from
which the property takes its address.
Damage to Municipal Works
8.7
Every owner to whom a permit is issued is responsible for the cost to repair any damage to
municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
8.8
In addition to payment of a security deposit, every owner must pay to the District, within
30 days of receiving an invoice for same from the District, the cost to repair any damage to
public property or works located on public property arising directly or indirectly from work for
which a permit was issued.
Demolition
8.9
Prior to obtaining a permit to demolish a building or structure, the owner must
(a)
provide to the District a vacancy date within 45 days of permit application;
(b)
pay capping and inspection chamber installation fees as set out in the District's bylaws
governing sewer and the Regional District of North Okanagan's bylaws governing
waterworks; and
(c)
ensure that all municipal services and other services such as hydro, cable or
telecommunications are capped and terminated at the property line in a District standard
inspection chamber and valve arrangement.
8.10
Every owner must ensure that, on completion of all demolition procedures, all debris and fill are
cleared and the site is levelled or graded, or made safe if levelling and grading are not possible.
Notice
8.11
Every owner must give written or online notice to a Building Official of any change in or
termination of engagement of a registered professional, including a coordinating registered
professional, during construction, within 24 hours of when the change or termination occurs.
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8.12
If an owner or a registered professional terminates the engagement of a registered professional,
including a coordinating registered professional, the owner must terminate all work under a
building permit until the owner has engaged a new registered professional, including a
coordinating registered professional, and has delivered to a Building Official new letters of
assurance.
8.13
Without limiting sections 11.30 to 11.44, every owner must give at least 48 hours' online or
written notice to a Building Official
(a)
of intent to do work that is required or ordered to be corrected during construction;
(b)
of intent to cover work that is required under this Bylaw to be, or has been ordered to be,
inspected prior to covering; and
(c)
when work has been completed so that a final inspection can be made.
8.14
Every owner must give notice in writing to a Building Official and pay the non-refundable fee set
out in the District's current Fees and Charges Bylaw immediately upon any change in ownership
or change in the address of the owner which occurs prior to the issuance of an occupancy
permit.
8.15
Every owner must give such other notice to a Building Official as may be required by the Building
Official or by a provision of this Bylaw.
OBLIGATIONS OF OWNER'S CONSTRUCTOR
9.1
Every constructor must ensure that all construction is done in compliance with all requirements
of the Building Code, this Bylaw and all other applicable, codes, standards and enactments.
9.2
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public is disturbed, no building or structure erected, and no materials
stored thereon, in whole or in part, without first having obtained approval in writing from the
appropriate authority over such public property.
9.3
For the purposes of the administration and enforcement of this Bylaw, every constructor is
responsible jointly and severally with the owner for all work undertaken.
REGISTERED PROFESSIONAL'S RESPONSIBLITIES
Professional Design and Field Review
10.1
The provision by the owner to the District of letters of assurance in accordance with the
requirements of the Building Code shall occur prior to
(a)
the preoccupancy site review coordinated by the coordinating registered professional or
other registered professional for a complex building, or
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(b)
a final inspection for a simple building in circumstances where letters of assurance have
been required in accordance with the requirements of the Building Code, in which case
the owner must provide the District with letters of assurance in the form of Schedules C-A
or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of the Building Code.
10.2
If a registered professional provides letters of assurance in accordance with the Building Code,
they must also provide proof of professional liability insurance to the Building Official in the
form and amount set by the District.
Requirement For A Registered Professional
10.3
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A, B, C-A and C-B referred to in
subsection 2.2.7, Division C, of the Building Code, in respect of a permit application where
required by the Building Code, or, where required in the opinion of the Building Official.
10.4
The Building Official may require any registered professional carrying out the professional design
and field review to provide evidence that they have experience and expertise in respect of the
professional design and field review of the context and scope required.
Professional Plan Certification
10.5
The letters of assurance in the form of Schedules A and B as referred to in subsection 2.2.7,
Division C, of the Building Code are relied upon by the District and its Building Officials as
certification that the design and plans to which the letters of assurance refer comply with the
Building Code, this Bylaw and other applicable enactment.
10.6
Letters of assurance must be in the form of Schedules A and B referred to in subsection 2.2.7,
Division C, of the Building Code.
10.7
For a building permit issued for the construction of a complex building, the Building Official shall
provide the owner with a notice that the building permit is issued in reliance on the certification
of the registered professional that the professional design and plans submitted in support of the
application for the building permit comply with the Building Code and other applicable
enactments. Any failure on the part of the Building Official to provide the owner with the notice
will not diminish or invalidate the reliance by the District or its Building Officials on the
registered professionals.
10.8
If a building permit is issued for a construction of a complex building, the permit fee is reduced
per the Building Code.
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GENERAL BUILDING APPLICATION REQUIREMENTS
Requirements before Applying for a Building Permit
11.1
Prior to issuance of a building permit, the owner must satisfy the following requirements or
conditions:
(a)
the owner must apply for and obtain a development permit if the building or structure is
in an area designated by the District's current Official Community Plan as a development
permit area;
(b)
the owner must ensure that the proposed building or structure complies with all bylaws of
the District, except to the extent a variance of a bylaw is authorized by a development
permit, development variance permit or order of the Board of Variance;
(c)
an approving officer must have approved the subdivision plan that, once registered, would
create the parcel on which the proposed building or structure will be constructed, and the
subdivision plan must have been registered in the Land Title Office;
(d)
the owner must provide evidence to the Building Official showing that the person applying
for the building permit is either the owner of the parcel that is the subject of the proposed
building permit, or is the agent of the owner, in which case, the agent must provide the
name and contact information of the owner;
(e)
if the parcel that is the subject of the building permit application is not intended to be
connected to the District's sewage disposal system, the owner must apply for and obtain
approval from the District and other applicable public authorities for an alternate private
sewage disposal system;
(f)
if the parcel that is the subject of the building permit application is not intended to be
connected to the District's waterworks system, the owner must apply for and obtain
approval from the District and other applicable public authorities for an alternate water
supply system;
(g)
if the parcel that is the subject of the building permit application is not intended to be
connected to the District's storm water drainage system, the owner must demonstrate to
the Building Official that a suitable alternative on-site solution has been provided;
(h)
if all on-site and off-site works and services required by a District bylaw or other
enactment have not been completed in accordance with the enactments, the owner must
enter into a completion agreement with the District and deliver to the District letters of
credit or cash security for completion of the works and service.
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Building Permit Applications for Simple Buildings
11.2
An application for a building permit with respect to a simple building must
(a)
be made in the form provided by the District and signed by the owner, or a signing officer
if the owner is a corporation;
(b)
be accompanied by the owner's acknowledgment of responsibility and undertaking made
in the form prescribed by the District and signed by the owner, or a signing officer if the
owner is a corporation;
(c)
include a copy of a title search for the relevant property made within 30 days of the date
of the permit application;
(d)
include a copy of a suitable site plan. At the discretion of the Building Offical, the site plan
may be required to have been prepared by a British Columbia land surveyor.
(e)
include a site plan showing
(i)
the bearing and dimensions of the parcel taken from the registered subdivision
plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed alternative private or
other sewage disposal system, water supply system or storm water drainage
system;
(viii)
the location, dimensions and gradient of parking and parking access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at building corners and datum determination points;
(xi)
first storey floor elevation;
(xii)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
(xiii)
line of upper floors;
(xiv)
location and elevation of curbs, sidewalks, manholes and service poles;
(xv)
location of existing and proposed service connections;
(xvi)
location and species of all trees greater than 10 cm in diameter;
(xvii)
location of top bank and water courses;
(xviii)
access routes for firefighting;
(xix)
accessible paths of travel from the street to the building;
(xx)
zoning compliance summary; and
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(xxi)
the geodetic elevation of the underside of a wood floor system or the top of a
finished concrete slab of a building or structure where the District's land use
regulations or provincial flood mapping regulations establish siting requirements
related to minimum floor elevation,
except that for a simple building the Building Official may waive, in whole or in part, the
requirements for a site plan, if the permit is sought for the repair or alteration of an
existing building;
(f)
include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl and roof spaces; the location, size and swing of doors; the
location, size and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures;
structural elements; and stair dimensions;
(g)
include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(h)
include elevations of all sides of the building showing finish details, roof slopes, windows,
doors, the grade, the maximum building height line, ridge height, spatial separations and
natural and finished grade to comply with the Building Code and to illustrate that the
building or structure conforms with the District's current Zoning Bylaw and development
permit;
(i)
include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building or structure substantially conforms to the Building Code;
(j)
include copies of approvals required under any enactment relating to health or safety,
including, without limitation, sewage disposal permits, highway access permits and
Ministry of Health approvals;
(k)
except for garages, carports and garden structures located on land, include a foundation
and excavation design;
(l)
include geotechnical letters of assurance, in addition to a required geotechnical report, if
the Building Official determines that the site conditions so warrant;
(m) include two sets of drawings at a suitable scale of design including the information set out
in (f) to (i) of this section.
11.3
In addition to the requirements of section 11.2, if a project involves
(a)
two or more buildings, the gross floor areas of which in the aggregate total more than
1000 m2;
(b)
two or more buildings that will contain four or more dwelling units; or
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(c)
otherwise if the complexity of the proposed building or structure or siting circumstances
warrant, a Building Official may require the following be submitted with a permit
application for the construction of each simple building in the project:
(d)
a section through the site showing grades, buildings, structures, parking areas and
driveways;
(e)
a roof plan and roof height calculations;
(f)
structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(g)
letters of assurance in the form of Schedule B referred to in Division C of the Building
Code, signed by a registered professional; and
(h)
any other information required by the Building Official or the Building Code to establish
substantial compliance with this Bylaw, the Building Code and other bylaws and
enactments relating to the building or structure.
Building Permit Applications for Complex Buildings
11.4
An application for a building permit with respect to a complex building must
(a)
be made in the form provided by the District and signed by the owner, or a signing officer
if the owner is a corporation;
(b)
be accompanied by the owner's acknowledgement of responsibility and undertaking made
in form prescribed by the District and signed by the owner, or a signing officer if the owner
is a corporation;
(c)
include a copy of a title search for the relevant property made within 30 days of the date
of the permit application;
(d)
include a Building Code compliance summary including the applicable edition of the
Building Code, such as without limitation whether the building is designed under Part 3 or
Part 9 of the Building Code, major occupancy classification(s) of the building, building area
and building height, number of streets the building faces, and accessible entrances, work
areas, washrooms, firewalls and facilities;
(e)
include a copy of a survey plan prepared by a British Columbia land surveyor;
(f)
include a site plan prepared by a registered professional showing
(i)
the bearing and dimensions of the parcel taken from the registered subdivision
plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(iv)
the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system or storm water drainage
system;
(viii)
zoning compliance summary;
(ix)
the location, dimensions and gradient of parking and parking access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to ascertain
foundation height;
(xii)
first storey floor elevation;
(xiii)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
(xiv)
line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi)
location of existing and proposed service connections;
(xvii)
location and species of all trees greater than 10 cm in diameter;
(xviii)
location of top bank and water courses;
(xix)
access routes for firefighting;
(xx)
accessible paths of travel from the street to the building; and
(xxi)
geodetic elevation of the underside of a wood floor system or the top of a finished
concrete slab of a building or structure where the District's land use regulations or
provincial flood mapping regulations establish siting requirements related to
minimum floor elevation,
except that the Building Official may waive, in whole or in part, the requirements for a site
plan, if the permit is sought for the repair or alteration of an existing building or structure;
(g)
include floor plans showing the dimensions and uses and occupancy classification of all
areas, including: the dimensions and height of crawl and roof spaces; the location, size
and swing of doors; the location, size and opening of windows; floor, wall, and ceiling
finishes; fire separations; plumbing fixtures; structural elements; and stair dimensions;
(h)
include a cross-section through the building or structure in sufficient detail and locations
to illustrate foundations, drainage, ceiling heights and constructions systems;
(i)
include elevations of all sides of the building or structure showing finish details, roof
slopes, windows, doors, natural and finished grade, spatial separations and ridge height to
comply with the Building Code and to illustrate that the building or structure conforms
with the District's current Zoning Bylaw and development permit;
(j)
include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building conforms to the Building Code;
(k)
include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9,
Division C of the Building Code;
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(l)
include copies of approvals required under any enactment relating to health or safety,
including, without limitation, sewage disposal permits, highway access permits and
ministry of health approvals;
(m) include two sets of drawings at a suitable scale of the design prepared by each registered
professional containing the information set out in (g) to (k) of this section;
(n)
include illustration of any slopes on the subject parcel that exceed 30%; and
(o)
any other documentation the Building Official requires to prove compliance with the
Building Code.
11.5
In addition to the requirements of section 11.4, a Building Official may require the following to
be submitted with a permit application for the construction of a complex building if the
complexity of the proposed building or structure or siting circumstances warrant
(a)
site servicing drawings, including sufficient detail of off-site services to indicate locations
at the property line, prepared and sealed by a registered professional, in accordance with
the District's current Subdivision, Development and Servicing Bylaw;
(b)
a section through the site showing grades, buildings, structures, parking areas and
driveways; and
(c)
any other information required by the Building Official or the Building Code to establish
substantial compliance with this Bylaw, the Building Code and other bylaws and
enactments relating to the building or structure.
Site and Location Information
11.6
Without limiting sections 11.2(f) or 11.4(d), the Building Official may in writing require an owner
to submit an up-to-site date plan or survey prepared by a registered British Columbia land
surveyor which contains sufficient information respecting the site and location of any building to
(a)
establish, before construction begins, that all the provisions of this Bylaw in relation to this
information will be complied with;
(b)
verify, on completion of the construction, that all provisions of this and other applicable
bylaw have been complied with;
(c)
in relation to an existing building, substantiate its location, size, including appurtenances
whether above, at or below ground level, relative to the site or its relationship to
neighbouring grades; and
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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(d)
in relation to construction of a new building, or addition to an existing building, prior to
and after the placement of concrete for foundations and footings, show the elevation at
proposed top of concrete on all building elevations and at all significant changes of
elevation to substantiate its size, location and elevation,
and every person served with a written requirement under this section must comply with the
requirement.
Building Permit Fee
11.7
Before receiving a building permit for a building or structure, the owner must first pay to the
District
(a)
the building permit fee prescribed in the District's current Fees and Charges Bylaw; and
(b)
any fees, charges, levies or taxes imposed by the District and payable under an enactment
at the time of issuance of the building permit.
Security Deposit with Building Permit Application
11.8
An applicant for a building permit must pay to the District, at the time of the application, a
security deposit as set out in the District's Fees and Charges Bylaw.
11.9
The security deposit
(a)
covers the cost borne by the District to maintain, restore or replace any public works or
public lands which are destroyed, damaged or otherwise impaired in the carrying out of
the work referred to in any building permit held by the applicant;
(b)
covers the cost borne by the District to make the site safe if the permit holder abandons
or fails to complete the work as designated on the permit;
(c)
serves as the security deposit for provisional occupancy when the final inspection notice
makes provision for a security deposit; or
(d)
serves as a security deposit to effect compliance with any condition under which the
permit was issued.
11.10 The security deposit or applicable portion must be returned to the applicant
(a)
when the Building Official is satisfied that no further damage to public works or public
lands will occur;
(b)
when the inspections required by this Bylaw are complete and acceptable to the Building
Official; and
(c)
when the conditions or provisions of a provisional certificate of occupancy are completed
to the satisfaction of the Building Official;
only if the applicant has requested the return of the security.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.11 Any credit greater than the amount of the security deposit used by the District will be returned
to the permit holder unless otherwise so directed by the permit holder. Any amount in excess of
the security deposit required by the District to complete corrective work to public lands, public
works, or the site is recoverable by the District from the permit holder, the constructor or the
owner of the property.
11.12 If the proposed work includes excavation or construction on lands within 10 m of works or
services owned by the District, the owner must deliver to the Building Official a signed
agreement in a form prescribed by the District's Director of Infrastructure under which the
owner acknowledges and agrees that any damage to municipal works or services arising from
the construction associated with the building permit will be repaired by the owner at its expense
and to the satisfaction of the Director of Infrastructure Services, and the owner must deposit
with the District security in accordance with this bylaw.
Permit Fee Refunds
11.13 A fee or part of a fee paid to the District is not refundable if construction of the building has
started.
11.14 A building permit fee or other permit fee may be partially refunded as set out in the District's
current Fees and Charges Bylaw, only if
(a)
the owner has submitted a written request for a refund;
(b)
the Building Official has certified a start has not been made on the construction of the
building or structure; and
(c)
the permit has not expired.
11.15 A building permit fee or other permit fee is not refundable after the permit has been extended.
Design Modification
11.16 If an issued building permit or other permit is active and the owner proposes modification to the
building design whereby the value of the work increases, the owner must pay the increased
building permit fee.
Construction Before Permit Issued
11.17 The building permit fee or other permit fee is doubled for every permit application if
construction commenced before the Building Official issued a permit, to a maximum of
$10,000.00.
Expiration of Application For A Permit
11.18 A building permit application expires 180 days from the date a complete application is received
under this section if the building permit is not issued by the application expiration date, unless
the permit is not issued only due to delays caused by the District.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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Issuance Of A Building Permit
11.19 If
(a)
a completed application is in compliance with all relevant portions of this bylaw, including
all required supporting documentation, has been submitted;
(b)
the owner has paid all applicable fees per the District's current Fees and Charges Bylaw;
(c)
the owner or his or her representative has paid all charges and met all requirements
imposed by any other statute or bylaw;
(d)
the owner has retained a professional engineer or geoscientist if required under this
Bylaw;
(e)
the owner has retained an architect if required under this Bylaw; and
(f)
no covenant, agreement, resolution or regulation of the District requires or authorizes the
permit to be withheld,
the Building Official must issue the permit, in the form prescribed by the Building Official, for
which the application is made, and the date of issuance is deemed to be the date the District
gives notice to the owner that the permit is ready to be picked up by the owner.
A Building Official may issue a building permit for a portion of a building or structure before the
design, plans and specifications for the entire building or structure have been accepted,
provided sufficient information has been provided to the District to demonstrate to the Building
Official that the portion authorized to be constructed substantially complies with this and other
applicable Bylaws and enactments and the permit fee applicable to that portion of the building
or structure has been paid. The issuance of the permit notwithstanding, the requirements of this
Bylaw apply to the remainder of the building or structure as if the permit for the portion of the
building or structure had not been issued.
11.20 Despite section 11.19, the Building Official may refuse to issue a permit when the owner has
been notified of a violation of this Bylaw about the construction of another building or structure
by the owner.
Compliance with the Homeowner Protection Act
11.21 If the application is in respect of a building that includes, or will include, a residential occupancy
governed by the Homeowner Protection Act, the building permit must not be issued unless the
owner provides evidence under section 30(1) of the Homeowner Protection Act, that the
proposed building
(a)
is covered by home warranty insurance; and
(b)
the constructor is a licensed "residential builder" as defined in that Act.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.22 Section 11.21 does not apply if the owner is not required to be licensed and to obtain home
warranty insurance in accordance with sections 20(1) or 30(1) of the Homeowner Protection Act.
11.23 Every permit is issued subject to the owner and constructor maintaining compliance with the
Homeowner Protection Act and negotiations under it during the term of the permit.
Partial Construction
11.24 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, 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 District to do so.
11.25 If a building permit has expired and partial construction has progressed, with no extension
requested of the Building Official, permanent type fencing with privacy screen complying with
the District's current Zoning Bylaw, must be erected around the building site for protection to
the public.
Conditions of a Building Permit
11.26 A building permit or an application for a building permit that is in process may not be transferred
or assigned until the owner has notified the Building Official in writing, the Building Official has
authorized the transfer or assignment in writing and the owner has paid the non-refundable fee
required under the District's current Fees and Charges Bylaw. The transfer or assignment of a
building permit is not an extension of a building permit.
11.27 The review of plans and supporting documents and issuance of a building permit do not prevent
the Building Official from subsequently requiring the correction of errors in the plans and
supporting documents, or from prohibiting building construction or occupancy being carried on
when in violation of this or another bylaw.
Inspections
11.28 If a registered professional provides letters of assurance in accordance with this section, the
District will rely solely on field reviews undertaken by the registered professional and the letters
of assurance submitted pursuant to this Bylaw and the Building Code as assurance that the
construction 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.
11.29 Despite section 11.28, 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, and to confirm life safety and fire
prevention requirements are met.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.30 A Building Official may attend periodically at the site of the construction of simple buildings or
structures to ascertain whether the work is being carried out in substantial conformance with
the Building Code, this Bylaw and any other applicable enactments concerning safety.
11.31 For all work in respect of simple buildings the owner must give at least 48 hours' notice to the
District 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:
(a)
after demolition, the grading of and removal of debris from the site;
(b)
foundation and footing forms, before concrete is poured;
(c)
prior to inspection under section 11.31(e), plumbing located below the finished slab level;
(d)
the preparation of ground, including ground cover when required, perimeter insulation on
inside of concrete foundation walls and reinforcing steel;
(e)
after inspection under section 11.31(d), hydronic heating pipes and below slab insulation;
(f)
installation of rough-in plumbing before it is covered;
(g)
installation of building services before being covered;
(h)
rough in of factory built chimneys and fireplaces and solid fuel burning appliances;
(i)
framing, sheathing, fire stopping (including drywall in fire separations), bracing, chimney
and ductwork, rough plumbing, rough heating, gas venting, exterior doors and windows,
but prior to the installation of insulation, interior finishes, sheathing paper or exterior
finishes which would conceal such work;
(j)
insulation and vapour barrier;
(k)
construction of an exterior deck if the deck serves as a roof;
(l)
on-site constructed tubs or showers and tub or shower trap tests;
(m) the installation of wall sheathing membrane, externally applied vapour or air barrier and
flashings, but prior to the installation of exterior finishes which could conceal such work;
and
(n)
the health and life safety aspects of the work and and accessibility aspects of the work
when the building or structure is substantially complete, ready for occupancy but prior to
occupancy.
11.32 A Building Official will only carry out an inspection under section 11.31 if the owner or the
owner's agent has requested the inspection in accordance with this Bylaw.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.33 Despite the requirement for the Building Official's acceptance of the work outlined in
section 11.31, if a registered professional provides letters of assurance, the District will rely
solely on field reviews undertaken by the registered professional and the letters of assurance
submitted pursuant to this Bylaw as assurance that the aspects of the construction referenced
by those letters of assurance substantially conform to the design, plans and specifications and
that the construction complies with the Building Code, this Bylaw and other applicable
enactments respecting safety.
11.34 A person must not conceal any aspect of the work referred to in section 11.31 until a Building
Official has accepted it in writing.
11.35 For work in respect of complex buildings, the owner must
(a)
give at least 48 hours' online or written notice to the District when requesting a
preconstruction meeting with the Building Official prior to the start of construction, and
the owner or his or her representative must ensure that the coordinating registered
professional, the constructor, as well as representatives of major trades, are in
attendance;
(b)
give at least 48 hours' online or written notice to the District when requesting a
preoccupancy coordinated by the coordinating registered professional or other registered
professional to have the owner, the constructor and the registered professionals
demonstrate to the Building Official and Fire Services the compliance with the health and
safety aspects of the work, the coordination and integration of the fire and life safety
system, applicable District requirements and other enactments respecting safety and the
conservation, GHG emission and accessibility aspects of the work; and
(c)
cause the coordinating registered professional, at least 48 hours prior to the preoccupancy
coordinated site review coordinated by the coordinating registered professional, to deliver
to the Building Official the Confirmation of Required Documentation described in the form
"Confirmation of Required Documentation for Complex Buildings" as prescribed by the
District, complete with all documentation.
'Stop Work Order' Notice
11.36 The Building Official may direct the immediate suspension or correction of all or a portion of the
construction on a building or structure by attaching a 'Stop Work Order' Notice in the form
provided by the District 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 District or the applicable provisions of the Homeowner Protection Act.
11.37 The coordinating registered professional may request, in writing, that the Building Official order
the immediate suspension or correction of all or a portion of the construction on a building or
structure by attaching a 'Stop Work Order' Notice on the premises. The Building Official must
consider such a request and, if not acted upon, must respond, in writing, to the coordinating
registered professional and give reasons.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.38 If a registered professional's services are terminated, the owner must immediately stop any
work that is subject to his or her design or field review and consult with the Building Official as
soon as possible.
11.39 The owner must immediately, after the posting of a notice under section 11.36, 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 District.
11.40 Subject to section 11.36, no work may be carried out on the parcel affected by the notice
referred to in section 11.36 until the 'Stop Work Order' notice has been removed by the Building
Official.
11.41 The notice referred to in section 11.36 must remain posted on the premises until that which is
contrary to the enactments has been remedied.
'Do Not Occupy' Notice
11.42 If a person occupies a building or structure or part of a building or structure in contravention of
this Bylaw, a Building Official may post a 'Do Not Occupy' Notice in the form prescribed by the
District on the affected part of the building or structure.
11.43 If a notice is posted under section 11.42, the owner of a parcel on which a 'Do Not Occupy'
Notice has been posted, and every other person, must cease occupancy of the building or
structure immediately and refrain from further occupancy until all applicable provisions of the
Building Code and this Bylaw have been substantially complied with and the 'Do Not Occupy'
Notice has been rescinded by a Building Official.
Inspection and Other Fees
11.44 In addition to the fees required under other provisions of this Bylaw, the owner must pay the
non-refundable fee set out in the District's current Fees and Charges Bylaw for
(a)
a second and each subsequent reinspection where it has been determined by the Building
Official that due to non-compliance with the provisions of this Bylaw or due to
non-complying work, more than one site visit is required for any required inspection;
(b)
a special inspection during the District's normal business hours to establish the condition
of a building, or if an inspection requires special arrangements because of time, location
or construction techniques; and
(c)
inspection required under this Bylaw which cannot be carried out during the District's
normal business hours.
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Permit Expiration
11.45 Every permit is issued on the condition that the permit expires and the rights of the owner under
the permit terminate if
(a)
the work authorized by the permit is not commenced within 180 days from the date of
issuance of the permit;
(b)
work is discontinued for a period of 180 days; or
(c)
the work is not completed within two years of the date of issuance of the permit.
Permit Extension
11.46 A Building Official may extend the period set out under section 11.45 for only one period, not to
exceed 12 months, if construction has not been commenced or has been discontinued due to
adverse weather, strikes, material or labour shortages, other similar hardship beyond the
owner's control, or if the size and complexity of the construction warrants, if
(a)
application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b)
the non-refundable fee set out in the District's current Fees and Charges Bylaw has been
paid.
Building Permit Revocation
11.47 The Building Official may revoke a building permit if there is a violation of
(a)
a condition under which the permit was issued; or
(b)
a requirement of the Building Code or of this or another bylaw of the District,
such permit revocation must be in writing and sent to the permit holder by signature mail to, or
personal service on, the permit holder.
Building Permit Cancellation
11.48 A building permit, or a building permit application, may be cancelled by the owner, or his or her
agent, on delivery of written notification of the cancellation to the Building Official.
11.49 On receipt of the written cancellation notice, the Building Official must mark on the application,
and a permit if applicable, the date of cancellation and the word "cancelled".
11.50 If the owner, or his or her agent, submits changes to an application after a permit has been
issued and the changes, in the opinion of the Building Official, substantially alter the scope of
the work, design or intent of the application in respect of which the permit was issued, the
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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Building Official may cancel or amend the permit and mark on the permit the date of
cancellation or amendment and the word "cancelled" or "amended".
Occupancy
11.51 A person must not occupy a building or structure or part of a building or structure until a final
inspection notice or provisional occupancy has been issued by a Building Official.
11.52 A final inspection notice will not be issued unless
(a)
all letters of assurance have been submitted when required in accordance with this Bylaw;
(b)
all aspects of the work requiring inspection and acceptance pursuant to sections 8.11
to 8.15 have both been inspected and accepted or the inspections and acceptance are not
required in accordance with this Bylaw;
(c)
the owner has delivered to the District as-built plans of works and services in digital format
as required by the District;
(d)
the owner has provided to the District a building survey prepared by a British Columbia
Land Surveyor showing the building height, size, location and elevation determined in
accordance with the District's land use regulations. This requirement may be waived by
the Building Official if deemed that compliance with regulations can be proven without a
survey;
(e)
all other documentation required under applicable enactments has been delivered to the
District.
11.53 When a registered professional provides letters of assurance in accordance with this Bylaw, the
District will rely solely on the letters of assurance when issuing a final report authorizing
occupancy as assurance that the items identified on the letters of assurance substantially
comply with the design, the Building Code, this Bylaw and other applicable enactments
respecting safety.
11.54 A Building Official may issue a final inspection notice for partial or provisional occupancy of a
portion of a building or structure under construction when
(a)
that portion of the building or structure is self-contained and provided with essential
services respecting health and safety aspects of the work, and if applicable, accessibility
requirements, and
(b)
the requirements set out in section 11.53 have been met with respect to it.
DISTRICT OF COLDSTREAM BUILDING BYLAW NO. 1758, 2021
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11.55 A final inspection notice may not be issued unless
(a)
all letters of assurance and the Confirmation of Required Documentation described in the
form "Confirmation of Required Documentation for Complex Buildings" as prescribed by
the District;
(b)
all aspects of the work requiring inspection and review pursuant to section 10 and
sections 11.28 to 11.35 have both been inspected and accepted;
(c)
the owner has executed and delivered to the District every agreement, instrument or form
required by the District in relation to the work or the site; and
(d)
all required offsite works respecting safety have been completed.
Provisional Occupancy
11.56 A Building Official may issue a Provisional Occupancy Permit in the form provided by the District
where the construction of a building or structure has substantially been completed and where
the health and safety requirements of this Bylaw and the Building Code have been met.
11.57 The Provisional Occupancy Permit is valid for up to 180 days from the date the permit is issued.
RETAINING WALLS AND GRADES
12.1
A person must not construct, or structurally repair, a retaining wall that provides a retained
height exceeding 1.2 m without a building permit.
12.2
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the province of British Columbia, fill material placed on a parcel, unless restrained
by permitted retaining walls, must not have a surface slope exceeding a ratio of one linear unit
vertically to two linear units horizontally.
12.3
Without limiting section 12.2, a person must not occupy a building unless the finished grade
complies with all applicable enactments.
MOVING BUILDING
13.1
A person must not move a building or structure into or within the District
(a)
except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the Building Code;
(b)
a building permit has been issued for the building or structure, and;
(c)
where authorized by resolution from the District Council.
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NUMBERING OF BUILDINGS
14.1
Immediately upon issuance of a building permit governing the construction, alteration or repair
of a building, or prior to and during the occupancy of a building, the owner or occupant must
display the address number assigned to it by the District
(a)
on or over the entrance to the building or where landscaping or structures obscure the
visibility of a building entrance from the adjacent highway, on the building property within
sight of the adjacent highway; and
(b)
until such time as the building is removed from the site or has been demolished.
14.2
Despite section 14.1, the District's Director of Infrastructure Services may renumber or alter the
assigned numbers in respect of any building on any parcel, including those already in existence
or numbered.
14.3
Without limiting sections 14.1 or 14.2, the Building Official must, on the issuance of a building
permit, 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 location at all
times during construction.
14.4
Without limiting sections 14.1 to 14.3, on issuance of an occupancy permit, the owner or
occupier of the parcel must affix the numbers permanently in a conspicuous place on the
building such that the number is visible from an adjacent highway that is not a lane.
POOLS
Swimming Pool Permit and Fencing
15.1
Without limiting section 6.1, a person must not construct, or structurally repair, a swimming
pool without a valid building permit.
15.2
A swimming pool must be enclosed within a fence constructed without footholds or grips that
children may use to climb into the enclosed area, having a minimum height of 1.2 m and no
openings greater than 100 mm at their greatest dimension.
Amendment Bylaw 1791, 2021
Pool Gate
15.3
Access through a fence enclosing a swimming pool must be only through a self-closing and self-
latching gate designed and constructed or installed so as to cause the gate to return to a closed
position when not in use and secured by a latch located on the swimming pool, spa or hot tub
side of the gate.
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Maintenance
15.4
A person may not use or occupy a swimming pool, including a spa or hot tub unless the owner or
occupier of property on or in which a pool is located maintains every fence or cover required
under sections 15.2 to 15.3 in good order, and without limitation maintains and repairs in good
order at all times all sagging gates, loose parts, torn mesh, missing materials, worn latches, locks
or broken or binding members.
ENERGY CONSERVATION AND GHG EMISSION REDUCTION
Amendment Bylaw 1791, 2021
16.1
The BC Energy Step Code, in accordance with subsections 2 through 4, is incorporated by
reference into this bylaw.
16.2
New buildings constructed under Part 9 or Part 3 of the Building Code must be designed and
constructed to meet the minimum performance requirements specified in the BC Building Code.
Amendment Bylaw 1827, 2023
16.3
An Energy Advisor providing required documentation set out in the BC Energy Step Code must
provide evidence to the Building Official that they are an energy advisor registered with the
relevant Federal authority.
16.4
Any building constructed under a permit applied for on or after January 3, 2022, must include a
building energy label posted prior to the issuance of an occupancy permit.
OFFENCES
Violations
17.1
A person who violates any provision of this Bylaw, permits any act or thing to be done in
contravention of this Bylaw, or neglects to do or refrains from doing anything required to be
done by any provision of this Bylaw, commits an offence against this Bylaw and;
(a)
is liable to a penalty as set out in the District's current Bylaw Notice Enforcement Bylaw;
(b)
is liable to a fine as set out in the District's current Municipal Ticket Information Utilization
Bylaw; and
(c)
is liable upon summary conviction, to the maximum fines plus costs under the Offence Act,
and the Community Charter.
17.2
Each day that a violation continues to occur is deemed to be a separate offence against this
Bylaw.
17.3
Any penalty imposed pursuant to this Bylaw shall be in addition to, and not in substitution for,
any other penalty or remedy imposed by this Bylaw or any other applicable statute, law or
legislation.
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17.4
Every person who fails to comply with any administrative requirement issued by a Building
Official, or who allows a violation of this Bylaw to continue, contravenes this Bylaw.
17.5
Every person who commences work requiring a building permit without first obtaining such a
permit must, if a 'Stop Work Order' Notice is issued and remains outstanding for 30 days, pay an
additional charge as outlined in the District's current Fees and Charges Bylaw.
Deemed Offence
17.6
An owner is deemed to have knowledge of and be liable under this Bylaw in respect of any
construction on the parcel the owner owns and any change in the use, occupancy or both of a
building or structure or part of a building or structure on that parcel.
17.7
A person is not deemed liable under section 17.6 who establishes, on a balance of probabilities,
that the construction or change of use or occupancy occurred before he or she became the
owner of the parcel.
17.8
Nothing in section 17.7 affects
(a)
the District's right to require and the owner's obligation to obtain a permit; and
(b)
the obligation of the owner to comply with this Bylaw.
REPEAL
18.1
"District of Coldstream Building and Plumbing Bylaw No. 1442, 2004" as amended, is repealed.
IN FORCE
19.1
This Bylaw comes into force and effect on April 6, 2021.
READ A FIRST TIME this
8th day of
February
2021
READ A SECOND TIME this
8th day of
February
2021
READ A THIRD TIME this
8th day of
February
2021
ADOPTED this
22nd day of
February
2021
Corporate Officer
Mayor