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The Corporation of the City of Courtenay
Building Bylaw
Bylaw No. 3114
The following is a consolidated copy of the City of Courtenay Building Bylaw and includes the
following bylaws:
Bylaw
No.
Bylaw Name
Adopted
Purpose
3114
Building Bylaw 3114
22nd November, 2023
To regulate construction and to
administer the BC Building
Code
3193
Building Amendment Bylaw No.
31193
1st October 2025
Zero Carbon Step Code
This bylaw may not be complete due to pending updates or revisions and therefore is provided for
reference purposes only. THIS BYLAW SHOULD NOT BE USED FOR ANY LEGAL
PURPOSES. Please contact the corporate legislative officer at the City of Courtenay to view the
complete bylaw when required.
1
City of Courtenay
BUILDING BYLAW NO. 3114
2
Table of Contents
Part 1: TITLE ........................................................................................................................................... 4
Citation ................................................................................................................................................. 4
Part 2: PURPOSE OF BYLAW ............................................................................................................... 4
Part 3: SCOPE AND EXEMPTIONS ...................................................................................................... 5
Application ........................................................................................................................................... 5
Limited Application to Existing Buildings .......................................................................................... 6
Part 4: PROHIBITIONS............................................................................................................................7
Part 5: PERMIT CONDITIONS .............................................................................................................. 8
Part 6: POWERS OF A BUILDING OFFICIAL ..................................................................................... 8
Administration ..................................................................................................................................... 8
Refusal and Revocation of Permits ...................................................................................................... 9
Right of Entry ...................................................................................................................................... 9
Powers .................................................................................................................................................. 9
Part 7: OWNER'S RESPONSIBILITIES .............................................................................................. 10
Permit Requirements .......................................................................................................................... 10
Owner's Obligations .......................................................................................................................... 11
Damage to Municipal Works ............................................................................................................. 11
Demolition ......................................................................................................................................... 12
Notice ................................................................................................................................................. 12
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR .................................................................. 13
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ...................................................... 13
Professional Design and Field Review .............................................................................................. 13
Requirement for a Registered Professional ........................................................................................ 13
Professional Plan Certification ........................................................................................................... 14
Part 10: BUILDING APPLICATION requirements .............................................................................. 15
Requirements Before Applying for a Building Permit ...................................................................... 15
General Application Requirements .................................................................................................... 16
Building Permit Applications for Complex Buildings ....................................................................... 17
Building Permit Applications for Simple Buildings .......................................................................... 18
Site and Location Information ........................................................................................................... 20
Application Fees ................................................................................................................................ 20
Building Permit Fee ........................................................................................................................... 20
Security Deposit ................................................................................................................................. 21
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Permit Fee Refunds ............................................................................................................................ 22
Expiration of Application for a Permit ............................................................................................... 22
Design Modification .......................................................................................................................... 22
Construction before Permit Issued ..................................................................................................... 22
Issuance of a Building Permit ............................................................................................................ 22
Compliance with the Homeowner Protection Act .............................................................................. 23
Partial Construction............................................................................................................................ 23
Conditions of a Building Permit ........................................................................................................ 24
Inspections ......................................................................................................................................... 24
Stop Work Order ................................................................................................................................ 26
Do Not Occupy Notice ....................................................................................................................... 27
Inspection and Other Fees .................................................................................................................. 27
Permit Expiration ............................................................................................................................... 27
Permit Extension ................................................................................................................................ 27
Building Permit Revocation ............................................................................................................... 28
Building Permit Cancellation ............................................................................................................. 28
Occupancy .......................................................................................................................................... 28
Sanitary Facilities ............................................................................................................................... 30
Application for Plumbing Permit ....................................................................................................... 30
Part 11: BUILDING MOVE .................................................................................................................. 30
Part 12: NUMBERING OF BUILDINGS ............................................................................................. 31
Part 13: Energy CONSERVATION AND GHG EMISSION REDUCTION ....................................... 31
Part 14: ACCESS ROUTE FOR FIRE VEHICLE ................................................................................ 32
Part 15: OFFENCES .............................................................................................................................. 32
Violations ........................................................................................................................................... 32
Deemed Offence ................................................................................................................................ 33
Ticketing ............................................................................................................................................ 33
Part 16: INTERPRETATION ................................................................................................................ 34
Definitions .......................................................................................................................................... 34
Appendices ......................................................................................................................................... 38
Severability ........................................................................................................................................ 38
Part 17: REPEAL ................................................................................................................................... 38
Part 18: IN FORCE ................................................................................................................................ 38
Appendix A - Fees ................................................................................................................................. 39
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City of Courtenay
BUILDING BYLAW NO. 3114
A Bylaw for Administration of the Building Code and Regulation of Construction
_____________________________________________________________________________
GIVEN that the City Council
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings and
structures under sections 8(3)(g) and (l) of the Community Charter for the following
under section 53(2):
(a) the provision of access to a building or other structure, or to part of a building or
other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in the City of Courtenay in accordance with the Community Charter and
the Building Act;
C. has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the City of Courtenay enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Building Bylaw No. 3114".
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance
with this Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the provisions of this
Part.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the City in the public interest.
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2.4
The purpose of this bylaw does not extend to
(a) the protection of owners, designers or constructors from economic loss;
(b) the assumption by the City or any building official of any responsibility for
ensuring the compliance by any owner, their representatives or any employees,
constructors or designers retained by the owner, with the building code, the
requirements of this bylaw, or other applicable enactments, codes or standards;
(c) providing any person a warranty of design or workmanship with respect to any
building or structure for which a building permit or occupancy permit is issued
under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under
building permits issued by the City is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the City and to land, the surface of water,
air space, buildings or structures in the City.
3.2
This bylaw applies to the design, construction or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation or
occupancy or change of use or occupancy of existing buildings and structures.
3.3
This bylaw does not apply to
(a) buildings or structures exempt by Division A Part 1 of the building code except as
expressly provided herein;
(b) an accessory building with a floor area of less than 10 square metres;
(c) platforms or decks without roofs less than 0.6 meters above grade;
(d) retaining walls that do not support a building or structure;
(e) breakwaters, seawalls, bulkheads, riprap, deposition of materials such as stone
and concrete, rubble, bluff stabilization projects, and similar measures employed
to protect property from the sea or any lake, swamp, pond or watercourse;
(f) a fence, a trellis, an arbour, stairs that are not part of an egress from a building or
structure, or other similar landscape structures on a parcel zoned for single-family
residential occupancy uses under the City's zoning bylaw;
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(g) a portable or temporary tent, rigid frame structure covered with a flexible
material, or a shipping container used for storage that remains unaltered from the
date of original manufacture;
(h) polyethylene film covered greenhouses used for the production of agricultural and
horticultural produce and feeds;
(i) the replacement of plumbing fixtures (sinks, tubs, water closets, valves etc.) or the
maintenance of existing building plumbing systems, providing the work does not
involve the rearrangement of supply, waste or vent lines;
(j) above or below grade swimming pools not located within a building or structure,
spa or hot tubs;
(k) 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:
(l) masonry chimneys or fireplaces and solid fuel-burning appliances, factory built
chimneys of fireplaces, alterations and or repairs to masonry chimneys or
fireplaces and solid fuel-burning appliances, factory built chimneys of fireplaces
and equipment.
Limited Application to Existing Buildings
3.4
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.
3.5
This bylaw applies if the whole or any part of an existing building is moved either within
or into the City, including relocation relative to parcel lines created by subdivision or
consolidation. Part 11 applies to building moves.
3.6
If an alteration is made to an existing building, the alteration must comply with this bylaw
and the building code and the entire building must be made to comply with this bylaw and
the building code, but only to the extent necessary to address any new infractions
introduced in the remainder of the building as a result of the alteration.
3.7
If an alteration creates an addition to an existing building, the alteration or addition must
comply with this bylaw and the building code and the entire building must be made to
comply with this bylaw and the building code, but only to the extent necessary to address
any new infractions introduced in the remainder of the building as a result of the
alteration or addition.
PART 4: PROHIBITIONS
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4.1
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.
4.2
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 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.
4.3
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.
4.4
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,
except in accordance with this bylaw, including the acceptance of revised plans or
supporting documents by the building official.
4.5
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.
4.6
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.
4.7
A person must not interfere with or obstruct the entry of a building official or other
authorized official of the City on property in the administration of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously posted
on the front of the premises or on a signpost so it may be easily read from the public
highway from which it takes its address.
4.9
A person must not contravene an administrative requirement of a building official made
under the authority set out in section 6.6 or any other provision of this bylaw.
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4.10
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.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
5.2
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on
behalf of the City will in any way
(a) relieve the owner (and if the owner is acting through an agent, the agent of the
owner) from full and sole responsibility to perform the work in respect of which
the permit was issued in strict compliance with this bylaw, the building code, and
all other applicable codes, standards and enactments;
(b) constitute a representation, warranty, assurance or statement that the building
code, this bylaw or any other applicable enactments respecting safety, protection,
land use and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship.
5.3
No person shall 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.
5.4
Without limiting section 5.2(a), it is the full and sole responsibility of the owner (and if
the owner is acting through an agent, the agent) to carry out the work in respect of which
the permit was issued in compliance with the building code, this bylaw and all other
applicable codes, standards and enactments.
PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are to be construed as internal
administrative powers and not as creating a duty.
6.2
A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this
bylaw;
(b) create, amend, publish and prescribe any forms, notices, policies, or other
documents that may be convenient for the administration of this bylaw, including
9
stop work orders, the format and content of any supporting documents, and the
verification of compliance with the Energy Step Code and Zero Carbon Step Code;
(c) 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;
(d) 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
(e) 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
6.3
A building official may refuse to issue a permit if the proposed work will contravene the
requirements of the building code or the provisions of this or any other bylaw of the City,
and, on request, must state the reason for the refusal in writing.
6.4
A building official may revoke a permit if, in their opinion, the construction authorized
by the permit is not being carried out in accordance with the building code or the
provisions of this bylaw, or both, 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.
Right of Entry
6.5
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
6.6
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 City or other applicable enactments, or if
10
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 City;
(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.
6.7
Every reference to "owner" in section 6.6 includes a reference to the agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that notice
(a) within the time ordered, or
(b) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this bylaw, every owner must apply for and obtain a separate permit
for each building or structure, prior to
(a) constructing, repairing or altering a building or structure;
(b) moving a building or structure into or within the City;
(c) demolishing a building or structure;
(d) constructing, repairing or altering a plumbing system or fire suppression system;
11
(e) occupying a new building or structure;
(f) changing the use or occupancy of a building or structure,
unless the works are the subject of another valid and subsisting building permit.
7.2
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
7.3
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
(c) prior to the issuance of a building permit, execute and submit to the City an owner's
undertaking made in the form prescribed by the building official, where required by
the building official.
7.4
Every owner and every owner's agent, must carry out construction or have the
construction carried out in accordance with the requirements of the building code, this
bylaw and other bylaws of the City and none of the issuance of a permit under this bylaw,
the review of plans and supporting documents, or inspections made by a building official
or a registered professional shall relieve the owner, or their agent, from full and sole
responsibility to perform the work in strict accordance with this bylaw, the building code
and all other applicable codes, standards and enactments.
7.5
Every owner to whom a permit is issued must, during construction,
(a) allow a building official to enter any building or premises at any reasonable time
to administer and enforce this bylaw;
(b) post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
(c) post the permit on the property so that it may be easily read from the public
highway from which the property takes its address.
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Damage to Municipal Works
7.6
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.
7.7
In addition to payment of a security deposit under sections 10.11 to 10.15, every owner
must pay to the City, within 30 days of receiving an invoice for same from the City, the
cost to repair any damage to public property or works located on public property arising
directly or indirectly from work for which a permit was issued.
Demolition
7.8
Prior to obtaining a permit to demolish a building or structure, the owner must
(a) provide to the City a vacancy date;
(b) pay capping and inspection chamber installation fees as set out in the City's bylaws
governing waterworks and sewer; and
(c) ensure that all municipal services and other services are capped and terminated at the
property line in a City standard inspection chamber and valve arrangement.
7.9
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
7.10 Every owner must, at least 48 hours prior to commencing work at a building site, give
written or online notice to a building official of the date on which the owner intends to
begin such work.
7.11 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.
7.12 If an owner or a registered professional terminates the engagement of the 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.
7.13 Without limiting sections 10.32 to 10.47, 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;
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(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.
7.14
Every owner must give notice in writing to a building official and pay the non-refundable
fee set out in Appendix A immediately upon any change in ownership or change in the
address of the owner which occurs prior to the acceptance of final inspection.
7.15
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.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1
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.
8.2
Every constructor must ensure that no construction, excavation or other work is
undertaken on public property, and that such public property is not disturbed or used for
the storage of materials, without first having obtained approval in writing from the
appropriate authority over such public property.
8.3
For the purposes of the administration and enforcement of this bylaw, every constructor
is responsible jointly and severally with the owner for all work undertaken.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the City of letters of assurance in accordance with the
requirements of the building code shall occur prior to
(a) the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
(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 City 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.
9.2
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.
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Requirement for a Registered Professional
9.3
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
(a) for a complex building;
(b) for a simple building in circumstances where letters of assurance have been required
in accordance with the requirements of the building code;
(c) except for detached single storey garages, carports, sheds and similar garden
structures less than 55 square metres in floor area in accordance with the building
code;
(d) a building that is designed with common egress systems for the occupants and
requires the use of firewalls in accordance with the building code;
(e) for alterations to a simple building, or to a structural component of a simple building
where letters of assurance have been required in accordance with the building code;
(f) for a building in respect of which the building official determines that site conditions,
size or complexity so warrant in the interests of safety of persons or protection of
property under the building code;
(g) if the building envelope components of the building fall under Division B Part 3 of
the building code, the building contains more than four dwellings, or if the building
envelopes do not comply with the prescriptive requirements of Division B Part 9 of
the building code; and
(h) for a parcel of land on which a building or structure is proposed if the building
official believes the parcel is or is likely to be subject to flooding, mud flows, debris
flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the
requirement for a professional design is in addition to a requirement under Division 8
of Part 3 of the Community Charter
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the use
intended, and
(ii) that the plans submitted with the application comply with the relevant
provisions of the building code and applicable bylaws of the City.
9.4
The building official may require any registered professional carrying out the
professional design and field review required under section 9.3 to provide evidence that
they have experience and expertise in respect of the professional design and field review
of the context and scope required.
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Professional Plan Certification
9.5
The letters of assurance referred to in sections 9.1 and 9.3 of this bylaw are relied upon
by the City and its building officials as certification that the design and plans to which the
letters of assurance refer comply with the building code, this bylaw and other applicable
enactment.
9.6
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.
9.7
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 City
or its building officials on the certification of the registered professionals.
9.8
If a building permit is issued under section 9.3 of this bylaw, the permit fee is reduced by
5% of the fees payable under Appendix A to this bylaw, up to a maximum reduction of
$500.00 (five hundred dollars).
PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements before applying for a Building Permit
10.1 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 City's 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 City, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of Variance;
(c) 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;
16
(e) if the parcel that is the subject of the building permit application is not intended to be
connected to the City's sewage disposal system, the owner must apply for and obtain
approval from the City and other applicable public authorities for an alternate private
sewage disposal system;
(f) if the parcel that is the subject of the building permit application is not intended to be
connected to the City's waterworks system, the owner must apply for and obtain
approval from the City and other applicable public authorities for an alternate water
supply system;
(g) if the parcel that is the subject of the building permit application is not intended to be
connected to The City's storm water drainage system, the owner must apply for and
obtain approval from the City and other applicable public authorities for the alternate
storm water drainage and detention system; and
(h) if all on site and off site works and services required by a City bylaw or other
enactment have not been completed in accordance with the enactments, the owner
must enter into a completion agreement with the City and deliver to the City letters
of credit or cash security for completion of the works and service.
General Application Requirements
10.2
An application for a building permit shall be submitted electronically and:
(a) be made in the form prescribed by the building official and signed by the owner, or a
signing officer if the owner is a corporation and include the non-refundable
application fee prescribed in Appendix A;
(b) be accompanied by the owner's acknowledgement of responsibility and undertaking
made in the form prescribed by the building official, and signed by the owner, or a
signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property that is subject of the
application made on the date of the permit application;
(d) include a copy of a survey plan prepared by a British Columbia Land Surveyor,
except the building official may waive the requirements for a survey plan, in whole or
in part, where conditions warrant;
(e) include a site plan showing;
(i)
the bearing and dimensions of the parcel boundaries 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;
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(iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel including proposed and existing setbacks to
property lines;
(v)
setbacks to the natural boundary of the sea and any lake, swamp, pond or
watercourse where the City's land use regulations establish siting
requirements related to flooding or riparian areas;
(vi)
the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the floor
system or the top of a finished concrete slab of a of a building or structure
where the City's land use regulations establish siting requirements related
to minimum floor elevation;
(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; and
(viii) the location, dimensions and gradient of parking and parking access,
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 or structure;
(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 City zoning 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; and
(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;
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Application for Complex Buildings
10.3
In addition to the requirements set out in section 10.2 of this Part, an application for a
building permit with respect to a complex building shall be submitted electronically and
include;
(a) a site plan prepared by a registered professional showing the information set out in
section 10.2(e);
(b) one set of drawings at a suitable scale of the design prepared by each registered
professional containing the information set out in section 10.2(f) to (i) and 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;
(c) a letter of assurance in the form of Schedule A referred to in subsection 2.2.7
Division C, of the building code, signed by the owner, or a signing officer if the
owner is a corporation, and the coordinating registered professional;
(d) letters of assurance in the form of Schedule B referred to in subsection 2.2.7 Division
C, of the building code, each signed by such registered professionals as the building
official or building code may require to prepare the design for and conduct field
reviews of the construction of the building;
(e) 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;
(f) include illustration of any slopes on the subject parcel that exceed 30%;
10.4 A building official may require the following to be submitted with a permit application
for the construction of a complex building if the building official determines that the
complexity of the proposed building or structure or siting circumstances warrant:
(a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional, in
accordance with the City's Subdivision and Development Servicing Bylaw, as
amended or replaced from time to time;
(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.
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Application for Simple Buildings
10.5
In addition to the requirements set out in section 10.2 of this bylaw, an application for a
building permit with respect to a simple building shall include;
(a) one set of drawings at a suitable scale of the design including the information set out
in section 10.2(f) to (i);
(b) a foundation and excavation design prepared by a registered professional in
accordance with the building code;
(c) geotechnical letters of assurance, in addition to a required geotechnical report, if the
building official determines that the site conditions so warrant.
10.6
Where a project involves:
(a) two or more buildings with the aggregate footprint area that totals more than 1,000
square meters;
(b) two or more buildings that will collectively contain four or more dwelling units; or
(c) a determination by the building official that 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:
(i)
site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional, in accordance with the City's Subdivision and Development
Servicing Bylaw, as amended or replaced from time to time;
(ii)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
(iii)
a roof plan and roof height calculations;
(iv)
structural, electrical, plumbing, mechanical or fire suppression drawings
prepared and sealed by a registered professional;
(v)
letters of assurance in the form of Schedule B referred to in Division C of
the building code, signed by a registered professional;
(vi)
a building code compliance summary including the applicable edition of
the building code, such as, without limitation, the building is designed
under Part 9 and compliance with article 2.2.2.1(2), Division C of the
building code; or
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(vii) 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.
10.7
The building official may waive the requirements under subsections 10.5(b) and (c) of
this Part in whole or in part, where the permit is sought for the repair or alteration of an
existing building or structure.
Site and Location Information
10.8
Without limiting sections 10.2(d) or 10.3(a) of this Part, the building official may in
writing require an owner to submit an up to date certificate of location prepared by a
British Columbia Land Surveyor which contains sufficient information respecting to the
site and location of any building or structure;
(a) to establish, before construction begins, that all the provisions of this bylaw in
relation to this information will be complied with;
(b) to verify, on completion of the construction, that all provisions of this and other
applicable bylaws have been complied with;
(c) in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or its
relationship to neighbouring grades; and
(d) in relation to construction of a new building, or of an 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.
Application Fees
10.9
An application for a building permit shall:
(a) be accompanied by the non- refundable application fee as prescribed in Appendix A;
(b) be credited against the permit fee when the permit is issued;
(c) expire and the application fee shall be forfeited to the City, if the application expires
in accordance with section 10.22.
Building Permit Fee
10.10 Before receiving a building permit for a building or structure, the owner must first pay to
the City:
(a) the building permit fee prescribed in Appendix A; and
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(b) any fees, charges, levies or taxes imposed by the City and payable under an
enactment at the time of issuance of the building permit.
Security Deposit
10.11 Prior to the issuance of a building permit, the owner must pay to the City, the security
deposit prescribed in Appendix A of this bylaw.
10.12 The security deposit sum set out in section 10.11 of this Part
(a) covers the cost borne by the City to maintain, restore or replace any public works or
public lands which are destroyed, damaged or otherwise impaired in the carrying out
of the work referred to in any building permit held by the applicant;
(b) covers the cost borne by the City to make the site safe if the permit holder abandons
or fails to complete the work as designated on the permit;
(c) serves as the security deposit for provisional occupancy when such a 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.
10.13 The security deposit or applicable portion must be returned to the owner or to the person
identified by the owner, when:
(a) the building official is satisfied that no further damage to public works or public
lands will occur;
(b) the inspections required by this bylaw are complete and acceptable to the building
official; and
(c) the conditions or provisions of a provisional certificate of occupancy are completed
to the satisfaction of the building official;
10.14 Any credit greater than the amount of the security deposit used by the City for the
purposes described in sections 10.12 of this Part will be returned to the owner unless
otherwise so directed by the owner. Any amount in excess of the security deposit
required by the City to complete corrective work to public lands, public works, or the site
is recoverable by the City from the owner, the constructor or the agent.
10.15 If the proposed work includes excavation or construction on lands within 3 metres of
works or services owned by the City, the owner must deliver to the building official a
signed agreement in a form prescribed by the City under which the owner acknowledges
and agrees that any damage to municipal works or services arising from the construction
associated with the building permit will be repaired by the owner at its expense and to the
satisfaction of the City, and the owner must deposit with the City security in accordance
with sections 10.11 to 10.14 of this Part.
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10.16 Any security or other deposits held by the City shall be forfeited and paid to the City as a
fee for the cost of closing open applications or permits where an application or a permit
expires prior to the owner obtaining an accepted final inspection report or an extension of
its effective date.
Permit Fee Refunds
10.17 No fee or part of a fee paid to the City will be refunded if construction of the building has
started.
10.18 A building permit or other permit fee may be partially refunded as set out in Appendix A,
only if
(a) the owner or agent 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.
10.19 A building permit or other permit fee is not refundable after the permit has been extended
under section 10.49 of this Part.
Design Modification
10.20 If the owner proposes modification to the building design of a completed permit
application ready for issue, an accepted alternative solution, or an issued building permit
or other permit that is active, the owner must pay to the City a design modification fee
based on the plan review hourly rate set out in Appendix A.
Construction before Permit Issued
10.21 The building permit 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
10.22 A building permit application shall be cancelled and the permit application fee forfeited
if:
(a) the building permit has not been issued within 180 days from the date an application is
received under this Part, unless the permit is not issued only due to delays attributable to
the City, or
(b) the permit fee has not been paid within 60 days from the date of issuance.
Issuance of a Building Permit
10.23 If:
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(a) a completed application in compliance with sections 10.2 to 10.4 or sections 10.5 to
10.7 of this Part, including all required supporting documentation, has been
submitted;
(b) the owner has paid all applicable fees set out in sections 10.10 to 10.21 of this Part
and Appendix A;
(c) the owner or their 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 professional 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 City requires or authorizes
the permit to be withheld,
the building official must issue the permit, in the form prescribed by the City, for which
the application is made, and the date of issuance is deemed to be the date the City gives
written notice to the owner that the permit is ready to be picked up by the owner.
10.24 Despite section 10.23, 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
10.25 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 Homeowner
Protection Act.
10.26
Section 10.25 of this Part does not apply if the owner is not required to be licensed and
to obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the
Homeowner Protection Act.
10.27
Every permit is issued subject to the owner and constructor maintaining compliance
with the Homeowner Protection Act during the term of the permit.
Partial Construction
10.28 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
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has expired under section 10.48, 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 building official to do so.
10.29 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.49, permanent type fencing
with privacy screen complying with the City's Zoning Bylaw, must be erected around the
building site for protection to the public.
Conditions of a Building Permit
10.30 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 of the building permit in
writing and the owner has paid the non-refundable fee required under Appendix A. The
transfer or assignment of a building permit is not an extension of a building permit.
10.31 The review of plans and supporting documents and the issuance of a building permit do
not prevent the building official from subsequently requiring the correction of errors in
the plans and supporting documents, nor do they prohibit the City from prohibiting
construction or occupancy being carried on that violates this or another bylaw.
Inspections
10.32 If a registered professional provides letters of assurance in accordance with this Part, the
City 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.
10.33 Despite section 10.32 of this Part, a building official may attend the site from time to time
during the course of construction to ascertain that the field reviews are taking place and to
monitor the field reviews undertaken by the registered professionals.
10.34 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.
10.35 For all work in respect of simple buildings the owner must give at least 48 hours' notice
to the City when requesting an inspection and must obtain an inspection and receive a
building official's written acceptance of the following aspects of the work prior to
concealing them
(a) after demolition, the grading of and removal of debris from the site;
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(b) siting and footing forms prior to pouring concrete;
(c) installation of perimeter drain tile, dampproofing and roof drainage system prior to
backfilling;
(d) installation of building services before being covered;
(e) prior to inspection under section 10.35(f), plumbing located below the finished slab
level;
(f) the preparation of ground, including ground cover when required, below slab
insulation and perimeter insulation on inside of concrete foundation walls;
(g) installation of rough-in plumbing before it is covered;
(h) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, exterior doors and windows, but prior to the installation of
insulation, interior finishes, sheathing paper or exterior finishes which would
conceal such work;
(i) insulation and vapour barrier prior to the installation of any finishes that could
conceal such work;
(j) on-site constructed tubs or showers and tub or shower trap tests; and
(k) Final inspection when the health and safety aspects of the work and the Energy Step
Code, Zero Carbon Step Code and accessibility aspects of the work when the
building or structure is substantially complete, ready for occupancy but prior to
occupancy.
10.36 A building official will only carry out an inspection under section 10.35 if the owner or
the agent has requested the inspection in accordance with this bylaw.
10.37 Despite the requirement for the building official's acceptance of the work outlined in
section 10.35, if a registered professional provides letters of assurance, the City will rely
solely on field reviews undertaken by the registered professional and the letters of
assurance submitted pursuant to this bylaw as assurance that the aspects of the
construction referenced by those letters of assurance substantially conform to the design,
plans and specifications and that the construction complies with the building code, this
bylaw and other applicable enactments respecting safety.
10.38 For work in respect of complex buildings, the owner must
(a) give at least 48 hours' online or written notice to the City when requesting a
preconstruction meeting with the building official prior to the start of construction,
and the owner or their representative must ensure that the coordinating registered
professional, the constructor, as well as representatives of major trades, are in
attendance;
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(b) give at least 48 hours' online or written notice to the City 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 City requirements and other enactments
respecting safety, the Energy Step Code, Zero Carbon Step Code 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 this bylaw, complete with all documentation in the form
as prescribed by the building official.
Stop Work Order
10.39 The building official may direct the immediate suspension or correction of all or a portion
of the construction on a building or structure or an unsafe excavation by attaching notice
of a stop work order in the form prescribed by the building official on the premises
whenever it is found that the work is not being performed in accordance with the
requirements of the building code, any applicable bylaw of the City or the applicable
provisions of the Homeowner Protection Act.
10.40 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 notice of a stop work order in the
form prescribed by the building official 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.
10.41 If a registered professional's services are terminated, the owner must immediately stop
any work that is subject to their design or field review and the building official is deemed
to have issued a stop work order.
10.42 The owner must immediately, after the posting of a stop work order, secure the
construction and the lands and premises surrounding the construction in compliance with
the safety requirements of every statute, regulation or order of the Province or of a
provincial agency and of every applicable bylaw of the City.
10.43 Subject to section 10.42, no work other than the required remedial measures may be
carried out on the parcel affected by a stop work order until the stop work order has been
removed by the building official.
10.44 The stop work order must remain posted on the premises until that which is contrary to
the enactments has been remedied.
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Do Not Occupy Notice
10.45 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in the
form prescribed by the building official on the affected part of the building or structure.
10.46 If a notice is posted under section 10.45, the owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy of the
building or structure immediately and refrain from further occupancy until all applicable
provisions of the building code and this bylaw have been substantially complied with and
the Do Not Occupy Notice has been rescinded in writing by a building official.
Inspection and Other Fees
10.47 In addition to the fees required under other provisions of this bylaw, the owner must pay
the non-refundable fee set out in Appendix A for
(a) a second and each subsequent re-inspection where it has been determined by the
building official that due to non-compliance with the provisions of this bylaw or due
to non-complying work, more than one site visit is required for any required
inspection;
(b) a special inspection during the City's normal business hours to establish the condition
of a building where such 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 City's
normal business hours.
Permit Expiration
10.48 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
10.49 A building official may extend the period set out under section 10.48 for only one period,
not to exceed twelve months, if construction has not been commenced or has been
discontinued due to adverse weather, strikes, material or labour shortages, other similar
hardship beyond the owner's control, or if the size and complexity of the construction
warrants, if
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(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 Appendix A has been paid.
Building Permit Revocation
10.50 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 City,
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
10.51 A building permit, or a building permit application, may be cancelled by the owner, or
their agent, on delivery of written notification of the cancellation to the building official.
10.52 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".
10.53 If the owner, or their agent, submits changes to an application after a permit has been
issued and the changes, in the opinion of the building official, substantially alter the
scope of the work, design or intent of the application in respect of which the permit was
issued, the building official may cancel or amend the permit and mark on the permit the
date of cancellation or amendment and the word "cancelled" or "amended".
10.54 If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the building official must return to the owner any fees
deposited under Appendix A, less
(a) any non-refundable portion of the fee; and
(b) 15% of the refundable portion of the fee.
Occupancy
10.55 No person may occupy a building or structure or part of a building or structure until a
final inspection notice has been issued by a building official.
10.56 A final inspection notice will not be issued unless
(a) all letters of assurance have been submitted when required in accordance with this
bylaw;
29
(b) all aspects of the work requiring inspection and acceptance pursuant to Part 9 and
sections 10.32 through 10.38 of this bylaw been inspected and accepted or the
inspections and acceptance are not required in accordance with this bylaw;
(c) the owner has delivered to the City as-built plans of works and services in the
prescribed format;
(d) the owner has provided to the City a building survey prepared by a British Columbia
Land Surveyor showing the building height, size, location and elevation determined
in accordance with the City's land use regulations;
(e) all other documentation required under applicable enactments has been delivered to
the City; and
(f) the owner has delivered to the City as-built drawings of the building or structure in
digital format as required by the City.
10.57 When a registered professional provides letters of assurance in accordance with this
bylaw, the City will rely solely on the letters of assurance when issuing 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.
10.58 A building official may issue a final inspection notice for partial 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, Energy Step Code, Zero Carbon Step Code; and
(b) the requirements set out in section 10.56 have been met with respect to it.
10.59 A final inspection notice may not be issued unless
(a) all letters of assurance and the Confirmation of Required Documentation described in
this bylaw have been submitted when required in accordance with the requirements
of this bylaw;
(b) all aspects of the work requiring inspection and review pursuant to Part 9 and
sections 10.32 through 10.38 of this bylaw have both been inspected and accepted;
(c) the owner has executed and delivered to the City every agreement, instrument or
form required by the City in relation to the work or the site; and
(d) all required offsite works respecting safety have been completed.
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Sanitary Facilities
10.60 During the time a building permit has been issued and remains valid under this bylaw, the
owner must provide on the parcel of land in respect of which the permit has been issued,
sanitary facilities for the disposal of human waste from individual persons who enter on
the parcel in relation to the work referred to in the permit, which facilities must be
accessible and unlocked when not occupied while work is being carried out on the parcel
under this bylaw, and every sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
by plumbing that complies with the Plumbing Code and this bylaw, must be provided, at
all times the facility is required under this bylaw, with toilet paper, a locking door for
privacy, and ventilation, and must be kept in sanitary condition without leaking beyond
the facility and without overflowing within the facility. Such facilities must be located so
as not to create a nuisance to neighbouring parcels or highways.
Application for Plumbing Systems
10.61 In addition to the requirements set out in section 10.2(a) to (c) of this Part, an application
for a plumbing permit with respect to a plumbing system shall include:
(a) one set of drawings at a suitable scale of design and including the information set out
in sentence 2.2.2.1(1) in Part 2 of Division C of the Plumbing Code when the
registered owner will be installing a plumbing system in accordance with clause
1.2.3.1. (1) (c) Part 1 of Division A of the Plumbing Code or at any time deemed
necessary by the building official; and
(b) 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.
PART 11: BUILDING MOVE
11.1
No person may move a building or structure into or within the City except:
(a) where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code;
(b) the owner of the premises onto which the building is proposed to be moved has
provided documentation that the age of the building or structure is not greater than
15 years old; and
(c) a building permit has been issued for the building or structure.
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PART 12: NUMBERING OF BUILDINGS
12.1 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 City
(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.
12.2
Despite section 12.1, the City may renumber or alter the assigned numbers in respect of
any building on any parcel, including those already in existence or numbered.
12.3
Without limiting sections 12.1 or 12.2, 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.
PART 13: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
13.1 In relation to the conservation of energy and the reduction of greenhouse gas emissions,
the City incorporates by reference the Energy Step Code in accordance with sections 13.2
through 13.3 and the Zero Carbon Step Code in accordance with section13.4.
13.2 A building regulated by Part 3 of the building code must be designed and constructed to
meet the minimum performance requirements specified in:
(a) Step 3 of the Energy Step Code; or
(b) for building permit applications received on or after adoption of Step 3 within the
building code, Step 4 of the Energy Step Code.
13.3 A building regulated by Part 9 of the building code must be designed and constructed to
meet the minimum performance requirements specified in:
(a) Step 4 of the Energy Step Code; or
(b) for building permit applications received on or after adoption of Step 4 within the
building code, Step 5 of the Energy Step Code.
13.4
A building regulated by Part 3 or Part 9 of the building code must be designed and
constructed to meet the minimum performance requirements specified in:
(a) EL-3 of the Zero Carbon Step Code for building permit applications received on or
after 1st January 2026; or
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(b) EL-4 of the Zero Carbon Step Code for building permit applications received on or
after 1st January 2028.
13.5
When an Energy Advisor or an architect, as required, provides energy reports or field
reviews in accordance with this bylaw, the City will rely solely on field reviews
undertaken by the Energy Advisor or architect and the reports submitted pursuant to this
bylaw as assurance that the construction or applicable aspect thereof substantially
conforms to the design, and that the construction or applicable aspect thereof
substantially complies with the building code, this bylaw, and other applicable
enactments respecting energy efficiency.
13.6
Requirements for Energy Advisors:
(a) With respect to a building permit for a building or structure that falls within the scope
of Part 9 of the building code, the owner must provide, to the satisfaction of the
building official, all the materials and documentation required by the Energy Step
Code, and the Zero Carbon Step Code, prepared and signed by an Energy Advisor,
and such other reports and materials as required by the building official.
(b) The Energy Advisor, providing the required materials and documentation set out in
the Energy Step Code, must provide evidence to the building inspector that he or she
is an Energy Advisor registered and in good standing with Natural Resources Canada
in accordance with the EnerGuide Rating System Administrative Procedures (ERS)
and adheres to the technical standards and procedures of the ERS.
(c) For certainty, and notwithstanding Sections 13.6(a) above, where a registered
professional is required under this bylaw, in respect of a building permit for a
building or structure that falls within the scope of Part 3 or Part 9 of the building
code, the professional design and field review shall include the materials and
documentation required by the applicable step of the Energy Step Code, and the Zero
Carbon Step Code, and such other reports and materials as required by the building
official.
13.7
No person shall design or construct a new building nor add to or renovate to an existing
building where the heating system or service water heating system relies in whole or part
on the use of a solid fuel burning appliance.
13.8
Despite section 13.7, a solid fuel burning appliance may be installed in a building that
existed prior to May 31, 2020, in replacement for an existing solid fuel burning appliance
provided that the replacement appliance complies with section 13.9.
13.9
Where a replacement solid fuel burning application may be installed pursuant to section
13.8, the solid fuel burning appliance must display a permanent label indicating that at
the time of installation it has been tested to and meets the standards established by the
Environmental Protection Agency for clean burning or CSA B415.10, as either standard
is amended or replaced from time to time.
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13.10 No person shall remove or alter the permanent label required pursuant to section 13.9 that
is required to be displayed on a solid fuel burning appliance.
PART 14: ACCESS ROUTE FOR FIRE VEHICLE
14.1 Prior to the issuance of a building permit for a building under Part 9 of the building code,
the owner must satisfy the building official that the building or structure for which the
permit is issued will be served by a fire access route that complies with the bearing load
and surface material standards of the City's Subdivision and Development Servicing
Bylaw, as amended or replaced from time to time.
PART 15: OFFENCES
Violations
15.1
Without limiting Part 4 of this bylaw, any person who:
(a) contravenes or permits a contravention of any provision of this bylaw,
(b) suffers or permits any act or thing to be done in contravention of this bylaw,
(c) refuses, omits or neglects to fulfill, observe, carry out or perform any duty or
obligation imposed under this bylaw,
(d) fails to comply with any order or notice issued to them by a building official, or who
allows a contravention of this bylaw to continue after such an order or notice has been
issued to them by a building official,
commits an offence, and each day that a contravention continues amounts to a separate
offence.
15.2
A person found guilty of an offence under this bylaw is liable:
(a) if proceedings are brought under the Offence Act, to pay a fine up to the maximum
fine amount authorized by the Community Charter and not less than $3,000, in
addition to any other penalties, compensation and costs authorized by the Offence
Act;
(b) if a ticket is issued under Division 3 of Part 8 of the Community Charter, to pay the
fine specified in the Municipal Enforcement Bylaw up to the maximum fine amount
authorized by Community Charter Bylaw Enforcement Ticket Regulation, as amended
or replaced from time to time; or
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(c) if a bylaw notice is issued under a bylaw enacted by the City under the authority in the
Local Government Bylaw Notice Enforcement Act, as amended or replaced from time
to time, to pay the fine specified in that bylaw, up to the maximum fine amount
authorized by the Local Government Bylaw Notice Enforcement Act.
15.3
Fines and penalties imposed under this section are in addition to and not in substitution for
any cost recovery, remedial action or other consequence of default or contravention
provided for under this bylaw, and do not limit the right of the City to bring civil
proceedings or pursue any other remedy available at law.
15.4
Every person who commences work requiring a building permit without first obtaining
such a permit shall, in addition to such other penalties as may be prescribed, pay a
surcharge equal to 50% of the permit fee prescribed Appendix A of this bylaw, or
$10,000.00, whichever is the greater, prior to obtaining a permit if a stop work order is
issued.
Deemed Offence
15.5 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.
15.6 No person is deemed liable under section 15.5 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.
15.7 Nothing in section 15.6 affects
(a) the City's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
PART 16: INTERPRETATION
Definitions
16.1 In this bylaw
(a)
accepted means reviewed by the building official under the applicable provisions
of the building code and this bylaw;
(b)
addition means an alteration to any building that increases 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;
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(c)
agent includes a firm, corporation or other person representing the owner, by
written designation or contract, and includes a hired tradesperson or
constructor who may be granted a permit for work within the limitations of
their licence;
(d)
alternative solution means an alternative solution authorized under the
building code;
(e)
alter or 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;
(f)
architect means an architect within the meaning of the Professional Governance
Act, SBC 2018, c 47;
(g)
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;
(h)
building official means the person designated in or appointed to that position by
the City, and includes a building inspector, plan checker, plumbing inspector gas
inspector, or electrical inspector designated or appointed by the City, and for
certainty the building official is the "building inspector" referred to in the
Community Charter and Local Government Act;
(i)
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 square metres 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;
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(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy,
(j)
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;
(k)
construct or construction includes build, erect, install, repair, alter, add, enlarge,
move, locate, relocate, reconstruct, demolish, remove, excavate or shore;
(l)
constructor means a person who constructs;
(m)
Energy Advisor means a person qualified to carry out any of the activities
contemplated by the Energy Step Code or Zero Carbon Step Code;
(n)
Energy Step Code means the building code's performance based standard for
energy efficiency in new construction which involves energy modelling prior to
construction and onsite testing after construction to ensure that the building
envelope, equipment and systems, and airtightness are consistent with the
performance based standards for the applicable step;
(o)
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;
(p)
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;
(q)
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;
(r)
owner means the registered owner in fee simple, or an agent duly authorized by
the owner in writing in the form prescribed by the City;
(s)
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;
(t)
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;
(u)
professional engineer has the same meaning as the Professional Governance Act;
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(v)
professional geoscientist has the same meaning as the Professional Governance
Act;
(w)
Professional Governance Act, means the Professional Governance Act, SBC
2018, c 47, as amended from time to time;
(x)
retaining wall means a structure exceeding 1.2 metres in height that holds or
retains soil or other material behind it;
(y)
simple building means a building of three storeys or less in building height,
having a building area not exceeding 600 square metres and used for 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,
(z)
stop work order means an order issued by a building official pursuant to section
10.39 or 10.40 of this bylaw;
(aa)
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, and
paving;
(bb)
value of construction means the amount that is calculated as the greater of:
(A)
the declared value of the construction that is proposed in the application
for a building permit; or
(B)
the estimated value of the construction that is proposed in the application
for a building permit, which estimate is determined using an independent
third-party valuation service to determine the average costs of similar
construction, such as using a method from "Marshall Swift Valuation
Service", an appraiser or another independent valuation method approved
by the building official;
(cc)
Zero Carbon Step Code means the greenhouse gas (GHG) emission requirements
set out in the building code.
16.2 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, building, building area, building height, business and personal
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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 buildings, private sewage disposal
system, registered professional, residential occupancy, treatment occupancy or
unsafe condition;
(b) subject to this bylaw, set out in the Schedule to the Community Charter: highway,
land, occupier, parcel, public authority, service and soil; and
(c) subject to this bylaw, set out in section 29 of the Interpretation Act: may, must,
obligation, person, property, writing, written and year.
16.3
Every reference to this bylaw in this or another bylaw of the City is a reference to this
bylaw that is in force as of the date of the reference.
16.4
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.
16.5 Definitions of words and phrases used in this bylaw that are not included in the
definitions in this Part have the meanings commonly assigned to them in the context in
which they are used in this bylaw, considering the specialized use of terms with the
various trades and professions to which the terminology applies
Appendices
16.6
Appendix A is attached to and forms part of this bylaw.
Severability
16.7 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.
PART 17: REPEAL
17.1 Building Bylaw No. 3001, 2020, and all amendments thereto, are hereby repealed.
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PART 18: IN FORCE
18.1 This bylaw comes into force on 1st January 2024.
Read a first time this 8th day of November, 2023
Read a second time this 8th day of November, 2023.
Read a third time this 8th day of November, 2023.
Finally passed and adopted this 22nd day of November, 2023.
Mayor Bob Wells
Adriana Proton, Corporate Officer
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BUILDING BYLAW NO. 3114
Appendix A - Fees and Charges
Non-Refundable Application Fees
DESCRIPTION
FEE AMOUNT
Building Permits
All
$150 or 25% of the building permit fee
prescribed below whichever is the highest
Plumbing, Fire Suppression System Permits
Complex buildings and structures
$125
Simple buildings and structures
$75
Permit Fees
DESCRIPTION
FEE AMOUNT
Building Permits
All
$150 + 1% of the value of construction
Demolition Permits
All
$150
Plumbing Permits
Complex buildings and structures
$125 + $15 for each fixture
Simple buildings and structures
$75 + $10 for each fixture
Fire Suppression System
Complex Buildings and structures
$125 + 1% of the value of construction
Simple buildings
$75 + 1% of the value of construction
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BUILDING BYLAW NO. 3114
Appendix A - Fees and Charges
Inspection Fees
DESCRIPTION
FEE AMOUNT
Complex Buildings and structures
$275
Simple buildings
$125
Other permits
$75
Extension Fees
DESCRIPTION
FEE AMOUNT
Complex Buildings and structures
$275 + 1% of the estimated value of
construction
Simple buildings
$125 + 1% of the estimated value of
construction
Other permits
$75
For the purposes of this table the "estimated value of construction" is the value of
construction to complete the building or structure beyond the accepted inspection stage at
the time the permit expired.
Transfer Fees
DESCRIPTION
FEE AMOUNT
Complex Buildings and structures
$275
Simple buildings
$125
Other permits
$75
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BUILDING BYLAW NO. 3114
Appendix A - Fees and Charges
Archive Research, per site
Complex Buildings and structures
$300
Simple buildings
$150
Buildings containing 1 or 2 dwelling units
and other buildings
$75
Other Fees
DESCRIPTION
FEE AMOUNT
Title Search
At cost + $25
To obtain a copy of a Restrictive Covenant
At cost + $25 each
To process a covenant in favour of the City
$250
Site inspection, Section 56 of the Community
Charter
$125
To remove a Notice on Title, Section 57 of
the Community Charter
$1000
To provide copies of plans
$10 + applicable taxes per sheet
Rescind a Stop Work Order or Do Not
Occupy Order
$300
Design Modification
$85/hour
Review of each alternate solution
$400
Special inspection
$125
Re-inspection
$125
Security Deposit for Single/two family
Dwelling
$3000
Security Deposits for Multi-
residential/commercial/industrial/institutional
$3000 minimum, or $300 per metre of
frontage to a maximum of $15,000
whichever is the highest