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CORPORATION OF THE VILLAGE OF CUMBERLAND
BYLAW NO. 949
A Bylaw to provide for building inspection standards
and procedures within the Village of Cumberland.
WHEREAS under section 8(3) of the Community Charter local governments may by
Bylaw regulate, prohibit, and impose requirements in relation to buildings and other structures;
AND WHEREAS the Province of British Columbia has adopted a Building Code to
govern standards in respect of the construction, alteration, repair and demolition of buildings
and structures in municipalities and regional districts in the Province;
NOW THEREFORE the Council of the Corporation of the Village of Cumberland, in
open meeting assembled, enacts as follows:
PART A
ADMINISTRATION
1.
Title
This Bylaw may be cited for all purposes as the 'Corporation of the Village of Cumberland
Building Bylaw No. 949, 2012.'
2.
Application
This Bylaw shall be applicable to all land and water within the municipal boundaries of the
Corporation of the Village of Cumberland.
3.
Purpose of Bylaw
This Bylaw has been enacted for the purpose of regulating construction within the Village
in the general public interest. The activities undertaken by or on behalf of the Village
pursuant to this Bylaw are for the sole purpose of providing a limited and interim spot-
checking function for reason of health, safety and the protection of persons and property.
It is not contemplated nor intended, nor does the purpose of this Bylaw extend to:
a)
the protection of Owners or constructors from economic loss;
b)
the assumption by the Village or any Building Official of any responsibility for
ensuring the compliance by any Owner, his representatives or any employees,
constructors or designers retained by him, with the BCBC, the requirements of
this Bylaw, or other applicable enactments respecting safety;
c)
provide 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)
provide a warranty or assurance that construction undertaken pursuant to Building
Permits issued by the Village is free from latent, or any defects; and
e)
provide a warranty to any person that construction is in compliance with the BCBC,
this Bylaw or any other enactment with respect to a building or structure for which
a permit is issued under this Bylaw.
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4.
Severability
The provisions of this Bylaw are severable and the invalidity of any part of this Bylaw
shall not affect the validity of the remainder of this Bylaw.
5.
Penalties and Enforcement
a)
Every person who contravenes any provision of this Bylaw commits an offence
punishable on summary conviction and shall be liable to a minimum fine of $2,000
and not more than $10,000 or to imprisonment for not more than six months.
b)
Every person who fails to comply with any order or notice issued by a Building
Official, or who allows a violation of this Bylaw to continue, contravenes this
Bylaw.
6.
Repeal
The 'Village of Cumberland Building Bylaw No. 800, 2006' is hereby repealed upon
adoption of this Bylaw.
PART B
DEFINITIONS
For the purpose of this Bylaw, the following definitions apply. The context meaning of terms
contained in this Bylaw and not defined herein, are to be determined in accordance with firstly,
the British Columbia Building Code 2018 (BCBC), secondly, this Bylaw and thirdly in the 'Zoning
Bylaw No. 1027, 2016,' as amended from time to time and then in the Canadian Oxford dictionary.
(Bylaw 1112)
Alternative
Solution
means an alternative solution authorized under the BCBC.
(Bylaw 1112)
BCBC
means the British Columbia Building Code 2018 as adopted by the
Minister pursuant to the Local Government Act, as enacted and amended.
(Bylaw 1112)
BUILDING
OFFICIAL
means a person authorized by the Village to administer this Bylaw and
the BCBC.
COMPLEX
BUILDING
means all buildings used for major occupancies classified as:
a) assembly;
b) care or detention;
c) high hazard industrial;
d) exceeding 600metre2 in gross floor area or three storeys in height used
for major occupancies classified as:
i) residential;
ii) professional and personal services;
iii) commercial; and
iv) medium and low hazard industrial.
COORDINATING
REGISTERED
PROFESSIONAL
(CRP)
means a registered professional retained by the Owner to coordinate all design
work and field reviews of the registered professional(s) required for the
project.
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DECONSTRUCTION in the context of physical construction, means the selective dismantlement of
building or structure components, specifically for re-use, recycling, and waste
management.
DEMOLITION
means the act or process of destroying or removing a building or structure by
the most expedient means.
ENERGY STEP
CODE
means the system of energy performance requirements set out in Division B,
Part 10 of the Building Code.
(Bylaw 1112)
EXCAVATION
For the purposes of this Bylaw, means a space created by the removal of soil,
rock, or fill which exceeds 15.0metres² (161.5feet²) in area or a depth of
0.5metres (1.6feet).
FLOOD
CONSTRUCTION
LEVEL
See the 'Village of Cumberland Floodplain Management Bylaw No. 962,
2012"
GREEN
INFRASTRUCTURE
means engineering design that takes a "design with nature" approach, to both
mitigate the potential impacts of existing and future development and growth
and to provide valuable services. This includes such methods which:
a) promote infiltration and groundwater recharge using disconnected roof
leaders, grassy swales and rain gardens;
b) roadside curb cuts that direct road runoff onto grassy sales and rain
gardens;
c) reduce runoff and reduce/avoid the impact of peak flows using permeable
pavements, rock pits and other catch basins and detention ponds
d) conserve water using low flow fixtures and systems for water reclamation
and redistribution
e) utilize alternative energy sources using solar, wind, geothermal, energy;
and
f) consist of green building features;
(Bylaw 1112)
OWNER
means a person registered in the land registry records as the Owner of land.
For the purposes of this Bylaw, Owner includes an agent authorized in writing
to act on his behalf by the registered Owner.
POOL
means any structure constructed or prefabricated, existing or prospective,
which is used primarily for swimming, bathing or wading, having an enclosed
water area exceeding 15.0metres² or a depth exceeding 0.5metres.
REGISTERED
PROFESSIONAL
means a person who is registered or licensed to practice as an:
a) architect under the Architects Act; or
b) professional engineer under the Engineers and Geoscientists Act.
RETAINING
STRUCTURE
means a structure built to resist the lateral displacement of soil or other
materials resulting in a separation of grade.
STANDARD
BUILDING
means a building of three storeys or less in height, having a gross floor area
not exceeding 600metres² and used for major occupancies classified as:
a) residential;
b) professional and personal services;
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c) commercial; and
d) medium and low hazard industrial.
STRUCTURE
means a construction used for supporting or sheltering any use (includes
pools) whether or not fixed to, supported by or sunk into land or on the water
but specifically excludes:
a) hard and soft landscaping;
b) paving;
c) signs; and
d) fences equal to or less than 2.0metres (6.6feet) in height.
VILLAGE
means, as the context requires, the Corporation of the Village of Cumberland,
or the area within the boundaries of the Village of Cumberland.
VILLAGE
ENGINEER
means the person authorized by the Village to perform this duty.
WILDLAND/URBAN
INTERFACE
means any area where combustible wildland fuels are found adjacent to
homes, farms, and other structures.
PART C
GENERAL REGULATIONS
1.
Permit Conditions
a)
A Permit is required whenever activity regulated under this Bylaw is to be
undertaken.
b)
It is the full and sole responsibility of the Owner to carry out the activity in respect
of which the Permit was issued, in compliance with the BCBC, this Bylaw, and any
other applicable enactments respecting safety.
c)
No person shall rely upon any Permit as establishing compliance with this Bylaw
or assume or conclude that this Bylaw has been administered or enforced according
to its terms. The person to whom the Permit is issued and his representatives are
responsible for making such determination.
2.
Scope and Exemptions
a)
This Bylaw applies to the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, deconstruction, removal,
relocation, occupancy, and change of occupancy of existing buildings and
structures.
b)
This Bylaw does not apply to:
i)
building or structures exempted by Part 1 of the BCBC;
ii)
accessory buildings less than 10.0metres² in building area that do not create
a hazard;
iii)
retaining structures less than 1.2metres (3.9feet) in height unless otherwise
determined by the Building Inspector to be in accordance with section 23(c)
of this Bylaw;
iv)
shoreline protection measures employed to protect property from erosion
from any body of water, wetland, or watercourse;
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v)
polyethylene film-covered greenhouses used for the production of
agricultural and horticultural produce or feeds;
vi)
low human occupancy farm building or structures located on land classified
as 'farm' under the Assessment Act on the date on which the application for
permit was made;
vii)
decks without roofs, the floor of which are not more than 0.6metres (2.0feet)
above natural grade; and
viii)
manufactured homes sited in a manufactured home park that has a valid and
subsisting Manufactured Home Park Permit issued by the Village.
3.
Prohibitions
a)
No person shall commence or continue any construction, alteration, reconstruction,
demolition, deconstruction, removal, relocation or change the occupancy of any
building or structure unless a valid and subsisting Permit for the work has been
issued.
b)
No person shall occupy any building unless a valid and subsisting Occupancy
Permit has been issued for the building, or contrary to the terms of any Permit issued
or any notice given by a Building Official.
c)
No person shall knowingly submit false or misleading information to a Building
Official in relation to any Permit application or construction undertaken pursuant
to this Bylaw.
d)
No person shall, unless authorized in writing by a Building Official, tamper with
any notice posted on a building or structure pursuant to this Bylaw.
e)
No person shall do any work that is different from the approved design or plans of
a building or structure or other works for which a Permit has been issued, unless
that change has been accepted in writing by a Building Official.
f)
No person shall obstruct the entry of a Building Official or other authorized official
of the Village on property during the administration of this Bylaw.
4.
Building Officials
a)
Administration
A Building Official is authorized to:
i)
issue Permits, with or without conditions, deny and revoke Permits as
required;
ii)
administer this Bylaw;
iii)
keep records of Permit applications, Permits, notices and orders issued,
inspections and tests made, and retain copies of all documents related to the
administration of this Bylaw in accordance with acceptance records
management practices; and
iv)
establish, if requested to do so, whether the methods or types of construction
and types of materials used in the construction of a building or structure for
which a permit is sought under this Bylaw substantially conforms to the
requirements of the BCBC.
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b)
Enforcement
A Building Official is authorized to:
i)
enter any land or building or structure at any reasonable time for the purpose
of ascertaining that the terms of this Bylaw are being observed;
ii)
where any residence is occupied, the Building Official will provide written
notice to the Owner at least 24 hours in advance of entry; and
iii)
carry identification confirming his status as a Building Official.
c)
A Building Official may order the suspension or correction of any work that
contravenes the BCBC or this Bylaw. For the purposes of this section, the Building
Official may, but is not obliged to, require any work to be uncovered or removed
in order to determine if there is a contravention.
d)
A Building Official may refuse to issue or may revoke a Permit where the results
of tests or materials, devices, construction methods, structural assemblies or
foundation conditions are, in his opinion, not satisfactory.
e)
A Building Official may issue a Building Permit for a portion of a building or
structure before the design, plans and specifications for the entire building or
structure have been accepted, provided sufficient information has been provided to
demonstrate to the Building Official that the portion authorized to be constructed
substantially complies with this and other applicable Bylaws and the Permit Fee
applicable to that portion of the building or structure has been paid.
5.
Applications
a)
Unless the activity is exempted under Part C section 2(b) of this Bylaw, before
commencing work every person must apply for and obtain from the Village:
i)
a Building Permit for:
1)
constructing, extending, altering, or repairing a building or
structure;
2)
installation of a manufactured home, where permitted by bylaw, that
is not within a Manufactured Home Park that has a subsisting
Manufactured Home Park Permit;
3)
change of occupancy of a building;
4)
constructing, extending, altering, or repairing a masonry fireplace;
5)
the installation of a new solid fuel burning appliance;
6)
constructing, extending, altering, or repairing any chimney for a
fireplace or solid fuel burning appliance;
7)
constructing, extending, altering, or repairing a retaining structure;
ii)
a Plumbing Permit for constructing, extending, altering or repairing
1)
a plumbing system,
2)
a fire suppression automatic sprinkler system, or
3)
an in-ground sprinkler system ;
iii)
a Moving Permit for transporting any building or structure on streets
within the Village;
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iv)
a Demolition/Deconstruction Permit for demolishing or deconstructing a
building or structure;
v)
an Excavation Permit, when an excavation as defined in this Bylaw, is to
be carried out that is not part of any Building Permit.
b)
Each building or structure to be constructed on a site requires a separate permit and
shall be assessed a separate permit fee based on the estimated value of construction
of that building or structure as determined in accordance with Table 14.2 of this
Bylaw.
c)
The Village of Cumberland is identified as a High Seismic Region with spectral
acceleration at 0.2 seconds, identified above 0.7. Design Elements are to be in
conformance with seismic bracing requirements based on the BCBC.
(Bylaw 1112)
6.
Building Permit for Complex Buildings or Other Structures
a)
An application for a Building Permit for a complex building or structure shall be
made in the form provided by the Village and signed by the Owner and the
Coordinating Registered Professional and will include the following:
i)
a copy of the title search for the subject property dated within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
a site drawing prepared by a BC Land Surveyor of the subject property
which shows:
1)
the bearings and dimensions taken from the registered subdivision
plan;
2)
the location and dimensions of all rights-of-way, (statutory and
other), easements, and covenant areas;
3)
the location and dimensions of all existing and proposed buildings
or structures;
4)
setbacks to the natural boundary of any body of water, wetland, or
watercourse where applicable;
5)
the existing and finished flood construction levels where
applicable;
6)
the location, dimension, and finished gradients of parking and
driveway access; and
7)
location of connections for water, sanitary sewer and stormwater to
the property and including inverse elevation of sanitary and storm
connections.
The Building Official may waive the requirement for a site drawing as
above, in whole or in part, where the Permit is sought for the internal repair
or alteration of an existing building or structure and does not affect a change
in footprint or height.
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iii)
if the building or structure is to be serviced an onsite wastewater system
approval shall be received from the agency having jurisdiction.
iv)
a foundation plan showing all required bearing locations of the building or
structure being transferred to the foundation;
v)
four sets of the drawings certified by the Coordinating Registered
Professional and containing the following information:
1)
floor plans showing:
aa)
the dimensions and uses of all areas:
bb)
the dimensions and height of crawl and roof spaces;
cc)
the location, size and swing of doors;
dd)
the location, size and opening of windows; floor, wall, and
ceiling finishes;
ee)
plumbing fixtures;
ff)
structural elements; and
gg)
stair dimensions;
2)
cross-sections through the building illustrating foundations,
drainage, ceiling heights, and construction systems;
3)
a plan of final lot grades and drainage management prepared by a
registered professional if the grade is changed from the approved or
existing grade;
4)
elevations of all sides of the building or structure from natural
grade showing finish details, roof slopes, windows, and doors; and
5)
cross-sectional details drawn at an appropriate scale and at
sufficient locations to demonstrate that the building and structure
substantially conforms to the BCBC;
vi)
copies of approvals required under any enactment relating to health or
safety;
vii)
copies of all rights-of-way (statutory or other), easements, and covenants;
viii)
a copy of the Safety Measures to be put in place to comply with the BCBC
and local Bylaws and requirements; and
ix)
letters of assurance as required pursuant to the BCBC prepared by the CRP,
or as directed by the Building Official, such registered professionals to
prepare the design for and conduct field reviews of the construction of the
building or structure.
b)
In addition to the requirements of section 6(a), the Building Official may require
the following:
i)
site servicing drawings prepared by an RP, which include detail of off-site
services at the property line, in accordance with the Village's frontage
works and services requirements;
ii)
additional architectural, structural, electrical, mechanical, plumbing, fire
suppression, or geotechnical drawings prepared and sealed by a registered
professional; and
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iii)
any other information required to establish substantial compliance with
the BCBC, this Bylaw, and other regulations and enactments relating to
the proposed construction.
7.
Building Permit for Standard Buildings and Other Structures
a)
An application for a Building Permit for a Standard Building or structure shall be
made in the form provided by the Village, signed by the Owner and will include
the following:
i)
a copy of the title search for the subject property dated within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
a site drawing showing:
1)
the dimensions of the subject property taken from the registered
subdivision plan;
2)
the location and dimensions of all rights-of-way (statutory and
other), easements, and covenant areas;
4)
the location and dimensions of all existing and proposed building or
structures on the subject property;
5)
setbacks to the natural boundary of any body of water, wetland, or
watercourse where applicable;
6)
the finished flood construction levels where applicable;
7)
the location, dimension and gradients of parking and driveway
access;
8)
location of lines and municipal connections for water, sanitary
sewer, and stormwater to the property and including inverse
elevation of sanitary and storm connections.
The Building Official may waive the requirement for a site drawing under
in whole or in part, where the permit is sought for the internal repair or
alteration of an existing building or structure which does not affect a
change in footprint or height.
iv)
a foundation plan showing all required bearing locations of the building or
structure being transferred to the foundation;
v)
if the building is not to be serviced by municipal sanitary sewer, approval
for an onsite system shall be received from the agency having jurisdiction.
vi)
two sets of each of the following plans:
1)
floor plans showing:
aa)
the dimensions and uses of all areas:
bb)
the dimensions and height of crawl and roof spaces;
cc)
the location, size and swing of doors;
dd)
the location, size and opening of windows; floor, wall,
and ceiling finishes;
ee)
plumbing fixtures;
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ff)
structural elements; and
gg)
stair dimensions;
2)
a cross section through the building or structure illustrating
foundations, drainage, ceiling heights, and construction systems;
3)
a plan of final lot grades and drainage management prepared by a
registered professional if the grade is changed from that grade
previously approved or existing.
4)
elevations from natural grade to the highest point of all sides of the
building or structure showing roof slopes, windows, and doors;
5)
cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially
conforms to the BCBC;
vii)
a plan of final lot grades and drainage management prepared by a registered
professional if the grade is changed from that grade previously approved or
existing;
ix)
a copy of the Safety Measures to be put in place to comply with the BCBC
and local Bylaws and requirements;
x)
copies of any approvals required under any enactment relating to health or
safety; and
xi)
the Owner provides evidence pursuant to section 30(1) of the Home Owner
Protection Act that the proposed residence is to be constructed by an
Owner/Builder or is to be constructed by a licensed residential builder as
applicable.
b)
In addition to the requirements of section 7(a), the Building Official may require
the following:
i)
site servicing drawings prepared by a registered professional, which
include detail of off-site services at the property line, in accordance with
the Village's Development Works and Services requirements as contained
in the 'Corporation of Village of Cumberland Subdivision and
Development Bylaw No. 948, 2012'; and
ii)
any other information required to establish substantial compliance with
the BCBC, this Bylaw, and other regulations and enactments relating to
the proposed construction.
8.
Plumbing Permits
a)
An application for a Plumbing Permit shall be made in the form provided by the
Village, signed by the Owner and will include the following:
i)
a copy of the title search for the subject property made within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
two sets of schematic drawings at a suitable scale of design and including
the information set out in the BCBC. This requirement for drawings is
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waived if the applicant for the Permit is a professional Plumber who
supplies his trades qualification number on the application; and
iii)
any other information required by the Building Official or the BCBC to
establish substantial compliance with this Bylaw, the BCBC and other
Bylaws and enactments relating to the building or structure.
b)
A Plumbing Permit is not required when a valve, faucet, or fixture is replaced or
repaired, a stoppage cleared or a leak repaired if no change in the piping is required.
9.
Fire Suppression Systems Permits
a)
An application for a Plumbing Permit in regard to Fire Suppression Sprinkler
System shall be made in the form provided by the Village, signed by the Owner
and will include the following:
i)
a copy of the title search for the subject property made within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
two sets of drawings at a suitable scale of design prepared by a Registered
Professional and including the information as set out in the BCBC;
iii)
letters of assurance as required pursuant to the BCBC, prepared by the
Coordinating Registered Professional, or as directed by the Building
Official, such registered professionals to prepare the design for and
conduct field reviews of the construction of the building or structure.
b)
A Permit is not required when a sprinkler head or valve is replaced or repaired, a
stoppage cleared, or a leak repaired if no change in the piping is required.
10.
In-Ground Sprinkler Systems Permits
a)
An application for a Plumbing Permit in regard to an In-Ground Sprinkler System
shall be made in the form provided by the Village, signed by the Owner and will
include the following:
i)
a copy of the title search for the subject property made within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
two sets of drawings at a suitable scale of design prepared by a professional
and including the information set out in the BCBC;
iii)
letters of assurance as required pursuant to the BCBC, prepared by the
Coordinating Registered Professional, or as directed by the Building
Official, such registered professionals to prepare the design for and
conduct field reviews of the system.
b)
A Permit is not required when a sprinkler head or valve is replaced or repaired, a
stoppage cleared, or a leak repaired if no change in the piping is required.
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11.
Demolition or Deconstruction Permits
a)
An application for a Demolition or Deconstruction Permit for a building or structure
shall be made in the form provided by the Village, signed by the Owner and will
include the following:
i)
a copy of the title search for the subject property made within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
A copy of the Safety Measures to be put in place to comply with the BCBC
and local Bylaws and requirements.
b)
When a building or structure has been demolished or deconstructed and a Building
Permit is not subsequently issued or a subsisting Building Permit has expired but
without the construction of a replacement building or structure having been
substantially commenced, the Owner shall fill in any excavation to restore the
natural grade of the site within 60 days of being served notice by the Village to do
so.
12.
Excavation Permit
a)
An application for an Excavation Permit in respect to an excavation as defined in
this Bylaw, is to be carried out when the excavation is not part of any Building
Permit shall be made in the form provided by the Village, signed by the Owner and
will include the following:
i)
a copy of the title search for the subject property made within 10 days of
the date of the application. Where the property is owned by a company, a
Corporate Search which shows the company's principals must be included.
Where a company name is not registered the application must be made in
an individual's name;
ii)
A copy of the Safety Measures to be put in place to comply with the BCBC
and local Bylaws and requirements.
b)
When an excavation has been left open for more than 30 days without any works
being carried out, the Owner shall be required to fill in the excavation to restore the
original gradients of the site within 60 days of being served notice by the Village
to do so.
c)
If the Owner fails to comply with 11(b) above, the Village may carry out the
restoration and invoice the Owner for the cost of said works.
13.
Retaining Structures
a)
A Building Permit is required for a retaining building or structure where any portion
of said structure is greater than 1.2metres (3.9feet) in height measured on the most
exposed side.
b)
When a Building Permit is required, the Owner must provide a design plan and
field review reports prepared and certified by a Registered Professional. The cost
for the engineer's services is the responsibility of the Owner.
c)
Notwithstanding 13(a) above, if the Building Official is of the opinion that any
existing retaining structure, regardless of height, is structurally inadequate or
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unsound, the Owner will be required to consult a professional engineer to determine
what action, if any, is required to restore the structural integrity of the retaining
structure. The cost for the engineer's services is the responsibility of the Owner.
14.
Fees
a)
Application
i)
An application made for any permit shall be made in the form acceptable to
the Village and accompanied by the Permit Processing Fee prescribed in
Table 14.2;
ii)
No processing of the application will be done prior to the fee being paid;
iii)
An application will be considered abandoned and the Permit Processing Fee
forfeited when the earliest of these occurs:
1)
180 days after the application date, the Building Inspector is unable
to issue the Permit due to the incompleteness of the submissions;
or
2)
90 days after notification to the Owner that the Permit is ready to
be issued and the Permit fee paid and it is not picked up.
iii)
An application may be cancelled by the Owner in writing to the Village.
Any refunds shall be payable in accordance with Table 14.2. Plans and
related documents submitted with the application shall be returned to the
Owner or disposed of as per the Owner's instructions.
b)
Permit Fees
i)
A Permit Fee will be calculated as prescribed in Table 14.2 and must be
paid in full prior to issuance of a Permit under this Bylaw.
ii)
In addition to fees applicable to a Permit under this Bylaw, there may be
other fees and charges that will be required prior to issuance of a Permit.
iii)
If the Owner wishes to request a refund of fees after a Permit has been
issued, refunds are as prescribed in Table 14.2.
iv)
The Permit Fee as required in Table 14.2 shall be reduced by 5%, up to a
maximum reduction of $250.00, where the owner applies to use "green
infrastructure" alternatives certified by a registered professional which meet
or exceed MMCD performance standards for water conservation,
stormwater management, and energy conservation.
c)
Damage Security
i)
A damage security in a form acceptable to the Village in the amount
prescribed in Table 14.2 shall be paid to the Village before the Building
Permit is issued.
ii)
The Village will return the security paid to the person who paid it at the
address contained in the Building Permit file, after:
1)
final approval has been issued; or
2)
the Permit is abandoned or expires;
and municipal streets, sidewalks, curbs, water, sanitary sewer, storm sewer
drainage systems, and any other works on Village property have been
inspected and found to be in acceptable condition by the Building Official.
Not the Official Version
Consolidated for Convenience Only
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(Bylaw 1026)
d)
Re-Inspection(s) Fee
Where, due to non-compliance with the BCBC or the approved Permit, a third or
subsequent inspection is necessary, a fee for the additional inspection after the
second inspection, in accordance with Table 14.2 shall be paid prior to additional
inspection(s) being performed.
e)
Peer Review Fee
Prior to issuing a permit, the Owner shall be required to reimburse the Village of
all costs incurred in processing the application. These items may be of advice and
review of: legal, engineering, environmental and architectural matters, as well as
any public consultation regarding the project. The applicant will be advised in
writing of the amount outstanding and will be provided with an accounting of the
costs incurred.
f)
Special Inspection Fee
A Special Inspection fee, prescribed in Table 14.2, shall be payable in advance for
an inspection to confirm compliance or to obtain a report on the status of an existing
building or structure for which a permit is sought under this Bylaw.
g)
Revision Fee
The Revision Fee as prescribed in Table 14.2, shall be payable when an application
for amendment or additions to a valid permit is made.
h)
Transfer Fee:
A transfer fee, prescribed in Table 14.1, shall be payable prior to the transfer of a
valid permit from one Owner to another.
Table 14.1
DESCRIPTION
TRANSFER FEE
For the transfer of a valid permit from one Owner to another:
$100
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TABLE 14.2
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Description of Works
Permit Processing
Fee
(non-refundable)
Permit Fee
Damage Deposit
Refund of Permit Fee
Extension of Permit
Revision/Amendment
of Permit
1.
Building Permits for construction with an estimated value of
a)
Equal to or less than $10,000
$501,2
0.6% of the
estimated value of
construction 3,4
Nil
$100
$100
b)
Greater than $10,000 but not exceeding $100,000
$1501,2
$250
$100
$100
c)
Greater than $100,000 but not exceeding $250,000
$2501,2
$1,500
$100
$100
d)
Greater than $250,000
$5001,2
$3,000
$150
$250
2.
Plumbing
a)
Complex buildings
$1501,2
$100 + $10/fixture3,4
None
$75
$100
b)
Standard buildings
$1001,2
$50 + $5/fixture3,4
None
$50
$75
3.
Other Permits
a)
Excavation
$1001,2
$1003,4
$5,000
$50
$50
b)
Demolition/Deconstruction
$1001,2
$1003,4
$1,500
$50
$50
c)
Change of Occupancy (Use)
$1001,2
$1003,4
None
None
None
d)
Wood-burning appliances and chimneys
$501,2
$503,4
None
$25
$25
e)
Fire Suppression - Automatic Sprinkler System
i)
Complex Structures
$1501,2
$100 +$10/fixture3,4
None
$50
$50
ii)
Standard Buildings
$1001,2
$50 + $5/fixture3,4
None
$25
$25
f)
In-Ground Sprinkler System
ii)
Accessory to Complex Building
$1001,2
$75 +$10/fixture3,4
None
$50
$50
iii)
Accessory to Standard Building
$50 1,2
$25 + $5/fixture3,4
None
$25
$25
g)
Moving Buildings & Structures with a GFA of:
i)
Equal to or less than 50.0m²
$1001,2
$1003,4
$2,500
$75
$100
ii)
Equal to or more than 50.0m² but less than 100m²
$1501,2
$2003,4
$5,000
$100
$125
iii)
Equal to or more than 100.0m²
$2501,2
$3003,4
$10,000
$125
$150
4.
Re-inspection or Special Inspections
a)
Complex Building
Not applicable
$250
None
None
None
None
b)
Standard Building
Not applicable
$100
None
None
None
None
Notes (may not be applicable to all Permits)
1
The permit processing fee is doubled for carrying on work without a valid permit
2
If a Stop Work Order is issued and remains outstanding for 30 days, an additional charge equal to 25% of the Permit fee will be charged
3
Plus a fee to reimburse the Village (at cost) for retrieval of existing titles, SRW, RW, covenants and easements, etc. will be required
4
Plus Peer Review fee
5
Application fees shall include Title searches but do not include other documents such as covenants, ROW's, etc. The cost of retrieving these additional documents shall be borne by the Owner in accordance with Table 14.3 (Bylaw 1026)
- Permit Processing Fee is
non-refundable.
- Permit Fees less than 10%
after permit has been issued.
No refund after construction
has commenced
- Damage Deposit refundable
per Part C, section 14(c).
- No refund of extensions
request or revision
/amendment fees
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i)
Other Fees:
The applicable fees prescribed in Table 14.3 shall be payable in advance for the
requested services or products listed;
Table 14.3 - OTHER FEES
i) Rescind a Stop Work or Do Not Occupy notice
$100
ii) Document Retrieval
1) Title Search (not associated with a Permit process)
$15 each
2) Covenants, easements, rights-of-way, etc through LTO
$15 each
3) Covenants, easements, rights-of-way, etc through other source
$10 PLUS Costs
4) Covenants, easements, rights-of-way, etc "on hand"
$5 each
iv) To remove a Notice on Title
$150
v) Copy of Building Bylaw
$5
vi) Archives Research which require a written response:
1) For requests by Owners of single residential units
$50
2) All Other requests
$150
(Bylaw 1026)
15.
Professional Plan Certification
a)
The letters of assurance in the form of Schedules B-1, B-2, and C-B referred to in
of the BCBC and required by this Bylaw are to be relied upon by the Village and
the Building Official as certification that the design and plans to which the letters
of assurance relate comply with the BCBC and other applicable enactments relating
to safety.
b)
A Building Permit that is issued pursuant this Bylaw may include a notice to the
Owner that the Building Permit is issued in reliance upon the certification of the
registered professionals that the design and plans submitted in support of the
application for the Building Permit comply with the BCBC and other applicable
enactments relating to safety.
c)
When a Building Permit is issued in accordance section 15(b), the Permit Fee as
required in Table 14.2 shall be reduced by 10%, up to a maximum reduction of
$500.00.
d)
An Owner who wishes to provide an alternative solution to satisfy one or more of
the requirements of the BCBC or this Bylaw must submit sufficient evidence to
demonstrate that the proposed alternative solution will provide the level of
performance required by the BCBC or this Bylaw.
(Bylaw 1112)
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16.
Survey Certificate for Buildings and Structures
a)
Every Owner to whom a Building Permit is issued must, upon completion of the
foundations or erection of a building or structure, submit a certificate of location
prepared by a BC Land Surveyor which will show:
i)
the dimensions and bearings of the subject property taken from the
registered subdivision plan;
ii)
the legal description and civic address of the subject property;
iii)
the location and dimensions of all rights-of-way (statutory and other),
easements; setback requirements and covenant areas;
iv)
the location from property lines and dimensions of all building(s) or
structure(s) on the subject property;
v)
setbacks to the natural boundary of the sea and any waterbody, wetland, or
watercourse where applicable;
vi)
the finished flood construction levels to Geodectic Datum where applicable;
and
vii)
the height of the building or structure from the natural grade to the highest
part of the building or structure.
b)
The Building Official may waive the requirements for a survey certificate of
location, in whole or in part, where:
i)
the Building Permit is issued for the internal repair and/or alteration of an
existing building or structure where there no change to the footprint of the
building or structure;
ii)
the location of the subject building or structure is more than 1.0metre
(3.3feet) from minimum property line setbacks or setbacks to natural
boundary of any lake, wetland, pond or watercourse;
iii)
the geodetic elevation of the underside of the floor system or the top of any
pad supporting a building or structure is more than 1.0metre (3.3feet) above
the established geodetic elevation related to minimum flood construction
levels; or
iv)
the height of the building or structure is less than 0.3metres (1.0foot) of the
maximum permitted by Bylaw.
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17.
Climatic and Geological Data
a)
Climatic and geological values required for the design of building or structures
shall conform to the values prescribed in Table 17.1.
Table 17.1 Climatic Data
Ground Snow Load (kPa)
SS
SR
3.5
0.4
(Bylaw 1026)
b)
Where no climatic and geological value is prescribed in Table 17.1 the Owner
shall submit evidence in writing from Environment Canada to establish the
climatic and geological values.
18.
Permits
a)
Issuance
A Building Official shall issue the Permit for which the application is made when:
i)
the completed application including all required supporting documentation
has been submitted;
ii)
the Permit Fee and other fees as applicable, calculated in accordance with
the value prescribed in Table 14.2, has been paid in full;
iii)
the proposed work set out in the application substantially conforms with
the BCBC, this Bylaw, and all other applicable Bylaws and enactments;
and
vi)
no enactment, covenant, agreement, or regulation authorizes the Permit to
be withheld.
b)
Expiration
Every permit is issued upon the condition that the Permit shall expire and the
rights of the Owner under the permit shall terminate if:
i)
the work authorized by the Permit is not first inspected within six months
from the date of issuance of the permit;
ii)
work is discontinued for a period of more than six months;
iii)
the work is not completed within 24 months from the date of issuance of the
permit; or
iv)
with regards to a relocated building or structure, the required works are
not completed within 12 months of issuance of the Permit.
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c)
Extension
i)
A Building Official may extend the period of time set out under section
18(b) where construction has not been commenced or where construction
has been discontinued due to adverse weather, labour strikes, material or
labour shortages, or similar hardship beyond the Owner's control.
ii)
The applicable Permit Extension Fee as prescribed in Table 14.2 shall be
paid in full.
iii)
A Permit may only be extended:
1)
once;
2)
within 90 days of the date on which the Permit expired; and
3)
for a period of not more than one calendar year.
19.
Disclaimer of Warranty or Representation
Neither the issuance of a permit under this Bylaw, the review and acceptance of the design,
drawings, plans or specifications, nor inspections made by a Building Official, shall
constitute a representation or warranty that the BCBC or the Bylaw have been complied
with or the building or structure meets any standard of materials or workmanship, and no
person shall rely on any of those acts as establishing compliance with the BCBC or this
Bylaw or any standard of construction.
20.
Professional Design and Field Review
a)
When a Building Official considers that the site conditions, size or complexity of a
development or an aspect of a development warrants it, he may require a registered
professional provide design and plan certification and field review by means of
letters of assurance.
b)
Prior to the issuance of an Occupancy Permit for a Complex Building or Standard
Building in circumstances where letters of assurance have been required in
accordance with this Bylaw, the Owner shall provide the Village with letters of
assurance as required by the BCBC.
c)
When a Registered Professional provides letters of assurance in accordance with of
this Bylaw, he shall also provide proof of professional liability insurance to the
Building Official.
21.
Responsibilities of the Owner
a)
Every Owner shall ensure that all construction complies with the BCBC, this
Bylaw and other applicable enactments respecting safety.
b)
Every Owner to whom a Permit is issued, shall be responsible for the cost of
repair of any damage to Village infrastructure that occurs in the course of the
work authorized by the Permit.
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c)
Every Owner to whom a Permit is issued, shall, during construction:
i)
keep a copy of the accepted designs, plans, and specifications on the
property; and
ii)
post the civic address on the property in a location visible from any
adjoining streets.
22.
Inspections
a)
When a Registered Professional provides letters of assurance in accordance with
this Bylaw and the BCBC, the Village may rely solely on field reviews
undertaken by the Registered Professional that the construction substantially
conforms to the design and that the construction substantially complies with the
BCBC, this Bylaw and other applicable enactments respecting safety.
b)
Notwithstanding section 22(a) of this Bylaw, a Building Official may attend the site
from time to time during the course of construction to ascertain that the field
reviews are taking place and to monitor the field reviews undertaken by the
Registered Professionals.
c)
A Building Official may attend periodically at the site of the construction of
standard buildings to ascertain whether the health and safety aspects of the work
are being carried out in substantial conformance with the those portions of the
BCBC, this Bylaw and any other applicable enactment concerning safety.
d)
The Owner shall give the Village at least 24 hours notice when requesting an
inspection for the following aspects of the work:
i)
Rough grading: Changes to approved or existing grades
ii)
Footings: after the forms for footings and foundations are complete, but
prior to pouring of concrete;
iii)
Draintile and Dampproofing: after installation of perimeter drain tiles
and dampproofing but prior to backfilling;
iv)
Framing: after framing and sheathing is complete, including firestopping,
chimney, duct work, plumbing, gas venting, wiring, but before any
insulation, or other interior or exterior finish is applied which would
conceal such work;
v)
Underslab and Rough-in Plumbing: after the rough-in underslab
plumbing is complete and under test but prior to covering;
vi)
Insulation and Vapour Barrier: after insulation and vapour barrier but
before any interior finish is applied;
vii)
Chimney and Fireplace Heating: after the rough-in construction of new
masonry chimneys and fireplaces and/or or installation of new unused
factory-built chimneys and fireplaces and solid fuel-burning appliances
prior to covering;
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viii)
Service Connections: after the water, sanitary sewer, and storm drainage
are connected and under test but prior to covering;
ix)
Final Grading: prior to final inspection after the final grading has been
achieved on the lot;
x)
Final Inspection: when the building or structure meets all the
requirements of the BCBC;
ix)
Occupancy Permit: when the building meets all the safety requirements
of the BCBC and this Bylaw, but before the building is occupied in the
whole or part.
e)
No aspect of the work referred to in section (d) above shall be concealed until a
Building Official has accepted it in writing.
f)
The requirements of section (d) above do not apply to any aspect of the work that
is the subject of a Registered Professional's letter of assurance provided in
accordance with the BCBC or this Bylaw.
23.
Occupancy Permits
a)
No person shall occupy or change the class of occupancy of a building or in part of
a building until an Occupancy Permit has been issued by the Building Inspector.
b)
An Occupancy Permit shall not be issued unless all letters of assurance have been
submitted when required in accordance with the BCBC and this Bylaw and all
aspects of the works, not covered by the letters of assurance, have been inspected
and accepted by the Village.
c)
A Building Official may issue an Occupancy Permit for part of a building or
structure when the part of the building or structure is self-contained, provided with
essential services and the requirements set out in this Bylaw have been met with
respect to such part.
24.
Lot and Driveway Grades
a)
An owner who wishes to alter the existing or approved grading of his lot shall apply
to the Village for approval.
b)
Plans to alter grades shall not cause or have potential to cause a nuisance, hazard or
damage or adversely affect the stability of a slope or top of bank.
c)
Lot Grading Requirements
i)
The Building Inspector may approve surface elevations and surface grades
of a lot in two stages:
1)
rough grading; and
2)
final grading.
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ii)
The Owner shall apply to the Building Official to inspect the rough grading
prior to further to further works such as foundations being poured or final
grading;
iii)
Final grading shall be prior to Final Inspection or within 60 days of the
establishment of the final grading.
iv)
In the case of lot grading for complex buildings or structures, an 'As-
Constructed' plan certified by the Registered Professional is required.
d)
Alterations within a Public Right-of-Way
No person, except with written authorization from the Village in the form of a
Permit to do Works on a Public Right-of-Way, shall obstruct, remove, re-grade or
alter a drainage swale, canal, ditch, reservoir or other man-made surface drainage
feature or facility located within a public right-of-way.
25.
Driveway Grades
Grade maximums for driveways are as follows:
Uses
Accessing Local Roads
Accessing Major Roads
Residential
15%
10%
Multi-family
12%
10%
Other
As determined by Registered Professional
26.
Roof Drainage
i)
The management of roof drainage shall be in accordance with the BCBC, the
guidelines of the Official Community Plan, and Village policies.
ii)
Owners are encouraged to provide infrastructure to retain as much stormwater on
the site as possible, the design of which shall be prepared and certified by a
professional engineer.
iii)
At no time shall roof drainage from a building or structure be discharged:
1)
directly onto a pervious ground surface within 1.0m (3.3feet) of the building
or structure which has a basement or crawlspace below the finished grade;
2)
within 30cm (6in) of an adjacent lot or a public road right-of-way;;
3)
to a location where the flow of water or accumulation of water would
adversely affect or have potential to adversely affect the stability of a slope
or top of bank;
4)
to a location where the flow of water or accumulation of water would have
a detrimental effect on a ravine or an environmentally sensitive area;
5)
to a location or in such a way as to cause or have potential to cause a
nuisance, hazard or damage.
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27.
Street Cleaning
During construction, the Village may require that the streets adjacent to the site be cleaned
every Friday by 3:00pm or as otherwise considered necessary, for the duration of the
construction of the works. If required to do so and the Owner fails to have this done, the
Village may arrange for the cleaning to be done and the cost for same will be immediately
payable by the Owner to the Village upon presentation of the invoice. Occupancy may be
withheld if these amounts are not paid.
28.
Sediment Control
If, in the opinion of the Village, there is or there is the potential for, debris and soils entering
the drainage system, the Village may install at the Owner's cost, a method of silt
containment in catchbasins as required. It is the Owner's responsibility to maintain the silt
containment as per the manufacturer's instructions. If the Owner fails to do so, the Village
may undertake such maintenance and the cost for same will be immediately payable by the
Owner to the Village from the damage deposit paid. Occupancy may be withheld if these
amounts are not paid.
29.
Fire Smart
Each year there are more than 2,000 wildfires in B.C. Although many occur far away
from communities, as people build more homes in 'wildland-urban interface' areas, more
fires are impacting residential areas. Every year, interface fires threaten or burn homes,
cabins and other high value resources.
Owners are encouraged to consider constructing their buildings and structures according
to the guidelines found in the Fire Smart Manual1
30.
Pools
a)
The Owner shall:
i)
provide a walkway with a minimum unobstructed width of 1.2metres
(4.0feet) around the perimeter of a pool;
ii)
provide a deck around the perimeter of a pool where the difference in
elevation from the water surface to grade exceeds 0.9metres (3.0feet);
iii)
enclose an area not less than 7.5metres (24.6feet) on all sides from the pool
edge within a fence:
1)
not less than 1.4metres (4.6feet) in height;
2)
with no opening, including any opening between the bottom of the
fence and grade, greater than 100.0centimmetres (4.0inches) in its
least dimension;
1 Fire Smart Manual may be found at http://www.pssg.gov.bc.ca/firecom/pdf/homeowner-firesmart.pdf
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3)
so designed so that no member, attachment, or opening located
between 0.3metres (1.0feet) and 1.2metres (4.0feet) above grade
will facilitate climbing; and
iv)
provide access through the fence to the pool area via a gate equipped with:
1)
a self-closing device which will return the gate to a closed position
and cause it to be held after each use;
2)
a positive latching device located on the pool side of the fence not
less than 1.2metres (4.0feet) above grade; and
3)
a locking device.
31.
Manufactured Homes
a)
Manufactured homes shall be certified, prior to placement on any lot (where
permitted by Village bylaw) as complying with Canadian Standards Association
Standard and shall be installed in accordance with their manufacturer's installation
instructions.
b)
Manufactured homes that are not certified by CAN/CSA, prior to placement on the
site, shall conform to this Bylaw and the BCBC.
32.
Moving or Relocating a Building or Structure
a)
No person shall move or relocate a building or structure or part of a building or
structure into or within the Village until a Moving Permit has been issued by the
Village.
b)
Before a Moving Permit may be issued, a valid Building Permit to site the building
or structure is required.
c)
A Moving Permit shall not be issued unless the building or structure intended to be
moved has been certified by a Registered Professional as being safe to be moved
into the Village.
d)
A Moving Permit issued by the Village is valid only on streets within the Village,
when traveling on Provincial highways and roads, the applicant must obtain a
Permit from the Ministry of Transportation and Infrastructure.
e)
A Moving Permit shall not be issued unless the move has received the approval of
the following agencies:
i) RCMP;
ii) ICBC;
iii) BC Hydro;
iv) Shaw;
v) Telus; and
vi) Fortis
f)
Moving Permit Performance Security
i)
Moving Permit applications shall require a performance security in a form
acceptable to the Village, in an amount equal to 120% the estimated cost of
the architectural and structural changes required to make the building or
structure conform to the standards required in the BCBC and this Bylaw.
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ii)
When the works described in the Building Permit have been given Final
Inspection, the security will be returned.
iii)
If the applicant fails to carry out the work required to make the building or
structure to conform within 12 months from the date of issuance of the
permit the security shall be used by the Village either (at the Village's
discretion) complete the outstanding works or have the structure removed
from the lot. The Building Official will give the Owner written notice of
the Village's decision.
iv)
Should the Owner or his agent fail to comply with the order of the Building
Official, the Village Council may, by resolution, order the demolition of the
subject building or structure at the expense of the Owner and the cost of
demolition shall be recoverable from the damage security paid.
g)
Liability Insurance
Prior to issuing a Moving Permit, the Owner shall provide proof of $3,000,000
liability insurance specifying coverage for the structural moving of the subject
building or structure, and naming the Village as third party insured.
h)
Moving Permit Regulations
The following conditions shall apply to all permits for moving or relocating of a
building or structure:
i)
All moves are restricted to 12:00am to 6:00am Monday to Friday, excluding
holidays. Council delegates the ability to vary this requirement to the
Building Official in exceptional circumstances.
ii)
For each move three pilot cars are required.
iii)
Pilot property cars must comply with Division 8 of the Commercial
Transport Act regulations except that one of the pilot cars may be an
alternative tow vehicle.
iv)
Two-way radio communication is required between pilot cars and towing
vehicles.
v)
Safety lighting must include:
1)
four flashing amber lights, two at front extremities and two at rear
extremities of the building or structure being moved
2)
clear or white lights completely around the building or structures
perimeter (at least 40watts per 3.0metres of building or structure)
3)
floodlights front and rear.
vi)
Steerable house moving dollies are required and no major support member
of the transportation platform (beams, bolsters, bunks, etc.) may be of
wooden construction.
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vii)
Any building or structure in excess of 4.7metres in loaded height must use
a Skid Board System to allow safe passage under utility and low voltage
power lines.
viii)
An external guide to assist the driver must be in charge of all moves to
ensure safe movement of vehicle and load and that all obstacles are cleared
horizontally and vertically.
xi)
The Permit is invalid when atmospheric conditions make persons or
vehicles on a street not discernible at a distance of 100.0metres.
33.
Enforcement
a)
A Building Official may order the cessation of any work that is proceeding in
contravention of the BCBC or this Bylaw by posting a Stop Work Order in the form
provided by the Village.
b)
The Owner of property on which a Stop Work Order has been posted, and every
other person, shall cease all construction work immediately and shall not do any
work until all applicable provisions of this Bylaw have been substantially complied
with and the Stop Work Order has been rescinded in writing by a Building Official.
c)
Where a person occupies a building or structure in contravention of section 3 of
this Bylaw, a Building Official may post a Do Not Occupy Notice in the form
provided by the Village on the affected part of the building or structure.
d)
The Owner of property on which a Do Not Occupy Notice has been posted, and
every person shall cease occupancy of the building or structure immediately and
shall refrain from further occupancy until all applicable provisions of the BCBC,
this Bylaw or `Village of Cumberland Controlled Substance Property Bylaw
No. 764, 2002' and amendments thereto, have been substantially complied with and
the Do Not Occupy Notice has been rescinded in writing by a Building Official.
e)
Every person who commences work requiring a permit without first obtaining such
a permit shall, if a Stop Work Order is issued and remains outstanding for 30 days,
pay an additional charge equal to 25% of the permit fee prior to obtaining the
required permit.
Corporation of the Village of
Cumberland Building Bylaw, No. 949, 2012
Page 27
Not the Official Version
Consolidated for Convenience Only
January 2020
PART D
ENACTMENT
READ A FIRST TIME THIS
10th
DAY OF
September,
2012.
READ A SECOND TIME THIS
10th
DAY OF
September,
2012.
READ A THIRD TIME THIS
9th
DAY OF
October,
2012.
ADOPTED THIS
22nd
DAY OF
October,
2012.
______________________________
______________________________
Mayor
Corporate Officer