Delta, British Columbia
· No. 8065
· adopted 2022-01-24
· summary & facts
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CITY OF DELTA
"Delta Building/Plumbing Bylaw No. 8065, 2021"
CITY OF DELTA
BYLAW NO. 8065
A Bylaw to regulate the construction, alteration, repair,
demolition or moving of buildings and pools and the
installation, alteration or repair of plumbing in the City of Delta.
WHEREAS Section 8(3) of the Community Charter authorizes the City of Delta,
by bylaw, to regulate, prohibit and impose requirements in relation to buildings and
other structures;
AND WHEREAS Section 15 of the Community Charter authorizes the City of
Delta, by bylaw, to provide for a system of licences, permits or approvals;
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 in municipalities and regional districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the
Building Code;
NOW THEREFORE the City of Delta in open meeting assembled, enacts as follows:
SECTION 1 - GENERAL
This bylaw may be cited for all purposes as "Delta Building/Plumbing Bylaw No. 8065,
2021".
1.1
DEFINITIONS
1.1.1
Wherever used in this Bylaw, including the recitals, unless there is
something in the subject matter or context inconsistent therewith, the
following terms shall have the meanings ascribed to them:
applicant
means the owner of a property that is the subject of an
application referred to in Section 5.1, or his or her duly
authorized representative, as the case may be.
Building
Code
means the most recent version of the British Columbia
Building Code established by the Province of British
Columbia.
Bylaw No. 8065
- 3 -
Building
Official
means a person appointed by Council to administer and
enforce this Bylaw who is qualified as a building official under
Section 11 of the Building Act, SBC 2015, c. 2.
building
permit
means the permission or authorization in writing by the
Building Official to construct or move a building or
structure.
Bylaw
Enforce-
ment
Officer
means a bylaw enforcement officer as defined in Delta
Property Enhancement Bylaw No. 7055, 2012 as amended
or replaced from time to time.
complex
building
means any building or structure that is not a non-complex
building.
Compliance
Order
means an order under Section 4.5.
Consolidated
Fees Bylaw
means City of Delta's "Consolidated Fees Bylaw No. 7273,
2013, as amended or replaced from time to time.
construction
means the process or activity by which any building or
structure is erected, repaired, altered, renovated, added to,
installed, demolished, removed or moved, or for which
preparation is made by way of shoring, excavation or the
installation of plumbing systems, and "construct" and
"constructed" shall have a corresponding meaning.
demolition
permit
means the permission or authorization in writing by the
Building Official to demolish a building or structure.
Do Not Occupy
Order
means an order under Section 4.8.
dwelling unit
means "dwelling unit" as defined in the Zoning Bylaw.
Energy Step
Code
means the Province of British Columbia's performance-
based standard for energy efficiency in new construction
requiring
energy
modelling
and
on-site
testing
to
demonstrate minimum performance against metrics for
building envelope, equipment and systems, and airtightness
requirements, and including Step 1, Step 2, Step 3, Step 4,
and Step 5, as defined in Sections 9.36.6 and 10.2.3 of the
Building Code.
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- 4 -
Farm Code
means the most recent version of the National Farm Building
Code of Canada
field review
means a review of the work
- at a real property for which a permit has been issued,
and
- where applicable, at locations where components of a
building or structure are fabricated for use
that a Registered Professional in his or her professional
discretion considers necessary to ascertain whether the
work substantially complies in all material respects with the
plans and supporting documents for the work prepared by a
Registered Professional.
fireplace and
chimney permit
means the permission or authorization in writing by the
Building Official to construct a masonry fireplace or install
a wood burning appliance or chimney.
float home
means a building incorporating a floatation system intended
for use or being used or occupied for residential purposes,
containing one dwelling unit only, not primarily intended for,
or usable in, navigation and does not include a water craft
designed or intended for navigation.
health and
safety aspects
of the work
means design and construction regulated by Part 3, Part
4, Part 7 and Part 9 of the
Building Code.
highway use
permit
means a highway use permit as defined in The Corporation
of Delta Highways Bylaw No. 6922, 2011
multi-family
residential
structure
means a single building containing three or more separate
dwellings units.
Municipality
means the City of Delta, or the area within its boundaries, as
the context requires.
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- 5 -
non-complex
building
means
a building or structure (other than a farm building)
of three storeys or less in building height, having a
building area not exceeding 600 square metres and
used for any of the following major occupancy
classifications:
residential occupancies;
business and personal services occupancies;
mercantile occupancies;
low hazard industrial occupancies; or
medium hazard industrial occupancies; and
a farm building that is less than 400 square metres in
building area or exceeds 400 square metres in
building area but is of low human occupancy as
defined by the Farm Code.
occupancy
means the use or intended use of a building or part thereof
for the shelter or support of persons, animals or property,
and "occupy" or "occupied" shall have a corresponding
meaning.
occupancy
permit
means the permission or authorization in writing by the
Building Official to occupy a building for the accepted
occupancy.
owner
means the registered owner of land and includes a lessee
with authority to build on land.
permit
means a building permit, plumbing permit, demolition
permit or fireplace and chimney permit
plumbing
permit
means the permission or authorization in writing by the
Building Official to install all or part of a plumbing system.
representative
means a person authorized in the manner prescribed in
Schedule 3 by an owner to represent the owner for the
purposes of this Bylaw.
retaining
structure
means a structure that is designed or intended to hold back
existing soil or added fill material.
Stop Work
Order
means an order under Section 4.6 or 4.7.
Bylaw No. 8065
- 6 -
structure
means any constructed thing or portion thereof of any kind,
whether fixed to, supported by or sunk into or located in land
or water or airspace, that is not used or intended for
supporting or sheltering any use or occupancy, and
includes foundations or supporting framework for exterior
signs, equipment and machinery but specifically excludes
landscaping, fences and paving.
work related
to
construction
includes, without limitation, excavation.
Zoning
Bylaw
means Delta Zoning Bylaw No. 7600, 2017, as amended or
replaced from time to time.
1.1.2
Unless a contrary intention appears in this Bylaw, any bolded words or
phrases used in this bylaw that are not defined in Section 1.1.1, shall
have the meaning given to them in the Building Code, the
Community Charter or the Local Government Act.
1.1.3
Unless otherwise specified, a reference in this Bylaw to any Section,
Part or Schedule shall be a reference to the corresponding Section,
Part or Schedule in this Bylaw.
1.2
PURPOSE OF BYLAW
1.2.1
This Bylaw shall, notwithstanding any other provision herein, be
interpreted in accordance with this Section 1.2 - Purpose of Bylaw.
1.2.2
This Bylaw is enacted and retained for the purpose of regulating
construction within the Municipality in the general public interest. The
activities undertaken by or on behalf of the Municipality pursuant to
this Bylaw are for the sole purpose of providing a limited spot check for
health, safety and the protection of persons and property. It is not
contemplated nor intended, nor does the purpose of this Bylaw extend:
1.2.2.1
to the protection of the owners, owner/builders or
constructors from economic loss;
1.2.2.2
to the assumption by the Municipality of any responsibility
for ensuring the compliance by any owners, his or her
representatives, or any employees, constructors or
designers retained by him or her, with the Building Code,
the requirements of this Bylaw or any other applicable codes
or standard;
1.2.2.3
to providing any person a warranty of design or workmanship
with respect to any building or structure for which a permit
or occupancy permit is issued under this Bylaw;
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1.2.2.4
to providing a warranty or assurance that work undertaken
pursuant to a permit issued by the Municipality is free from
latent or any defects or complies with this Bylaw.
1.3
PERMIT CONDITIONS
1.3.1
A permit is required whenever matters regulated under this Bylaw are
to be undertaken.
1.3.2
Neither the issuance of a permit or occupancy permit under this
Bylaw nor the acceptance or review of plans, drawings, or specification
or supporting documents, nor any inspections made by or on behalf of
the Municipality, shall in any way relieve the owner, or his or her
representatives, from full and sole responsibility to perform the work
in strict accordance with the Building Code, this Bylaw and all other
codes, standards and applicable enactments.
1.3.3
It shall be the full and sole responsibility of the owner (and where the
owner is acting through a representative as per Schedule 3, the
representative) 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.
1.3.4
Neither the issuance of a permit or occupancy permit under this
Bylaw nor the acceptance or review of plans, drawings, or
specifications or supporting documents, nor any inspections made by
or on behalf of the Municipality, constitute in any way a representation,
warranty, assurance or statement that the Building Code, this Bylaw
or any other applicable codes, standards or enactments have been
complied with.
SECTION 2 - SCOPE AND EXEMPTIONS
2.1
This Bylaw applies to all of the area located within the Municipality as described
in the Letters Patent incorporating the Municipality, as amended from time to
time, for the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, removal, relocation
and occupancy of existing buildings and structures.
2.2
The provisions of this Bylaw do not apply to the matters exempted by Part 1 of
the Building Code except as provided herein.
2.3
The provisions of this Bylaw do not apply to retaining structures less than 1.2
metres in height except those referenced in Section 22 - Retaining Structures.
2.4
The provisions of this Bylaw do not apply to fences except as provided in
Section 19 - Swimming Pools.
2.5
The provisions of this Bylaw do not apply to the clearing of stoppages or the
repairing of leaks in pipes, valves or fixtures, or the replacement of fixtures when
such repairs do not exceed $1,000 in value and do not involve or require the
rearrangement of valves and pipes.
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SECTION 3 - PROHIBITIONS
3.1
Unless otherwise permitted elsewhere in this Bylaw:
3.1.1
No person shall commence or continue any construction, alteration,
extension, structural repair, health or safety repair, placement of any
building or structure or other work related to construction, including
work described in Section 1.1 of the Building Code, unless a valid and
subsisting permit has been issued for the work by a Building Official.
3.1.2
No person shall, unless exempt by Section 2 - Scope and Exemptions,
commence or continue construction, the connection, installation,
alteration or repair of plumbing, sewers, drains, tanks, pumps, heating
and air conditioning equipment and similar works unless a valid and
subsisting permit has been issued for the work by a Building Official.
3.1.3
No person shall demolish or remove a building or structure or any
portion thereof, unless a valid and subsisting demolition permit has
been issued for the demolition by a Building Official.
3.1.4
No person shall occupy or use any building unless a valid and
subsisting occupancy permit has been issued by a Building Official
for the building, or occupy or use any building contrary to the terms
of any occupancy permit issued or any notice given by a Building
Official.
3.1.5
No person shall, unless authorized by a Building Official, reverse,
alter, deface, cover, remove or in any way tamper with any Stop Work
Order, Compliance Order, Do Not Occupy Order, notice, permit or
certificate posted by a Building Official upon or affixed to any
building, structure or property pursuant to this Bylaw.
3.1.6
No person shall commence or continue any work that is at variance or
contrary to the authorized descriptions, plans and specifications of a
building or structure for which a permit has been issued, unless that
variance has firstly been authorized in writing by a Building Official.
3.1.7
No person shall obstruct the entry of a Building Official or Bylaw
Enforcement Officer on any land, building or premises.
3.1.8
No person shall move or cause any dwelling unit to be moved into the
Municipality except a dwelling unit built to Canadian Standards
Association standards A277, Z240 or BC Float Home Standard, as
applicable, unless a valid and subsisting Building Permit authorizes
the move.
3.1.9
No person shall move or cause any building or structure to be moved
onto a lot in the Municipality without first obtaining a building permit
for the work on the lot to which the building is to be moved.
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3.1.10
No person shall occupy a building or portion of a building after a
change in class of occupancy of the building or part of it unless the
requirements of Section 16 - Occupancy Permits have been complied
with and the building complies with the health and safety requirements
of the Building Code, the Bylaws of the Municipality or any statute for
the new occupancy.
SECTION 4 - BUILDING OFFICIALS
4.1
A Building Official may:
4.1.1
administer this Bylaw;
4.1.2
keep records of applications received for permits or occupancy
permits issued, inspections and tests made, and shall retain copies of
papers and documents connected with the administration of this Bylaw
as required by the Municipality's retention policy;
4.1.3
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 conform to the requirements of the Building
Code; and
4.1.4
establish and use a system for digital or online submissions of materials
associated with applications for permits or occupancy permits and
digital or online bookings of inspections and require the use of such
systems and establish exceptions for the use of such systems.
4.2
All applications, permits, occupancy permits, plans, records or documents
submitted to, issued by or kept by the Building Official are the property of the
Municipality and shall not be available for public viewing, except to the extent
permitted under the Freedom of Information and Protection of Privacy Act.
4.3
Section 4.1 creates no obligations other than to the Municipality.
4.4
A Building Official or Bylaw Enforcement Officer:
4.4.1
may enter any land, building or structure at any reasonable time for
the purpose of ascertaining that the regulations of this Bylaw are being
observed;
4.4.2
where any residence is occupied, shall, except in emergency
situations, obtain the consent of the occupant or provide written notice
24 hours in advance of entry; and
4.4.3
shall carry proper credentials confirming that person's status as a
Building Official or Bylaw Enforcement Officer, as applicable.
4.5
Without limiting anything in Sections 4.6, 4.7 and 4.8, if an owner of real
property fails to comply with a requirement of this Bylaw, a Building Official
may issue a Compliance Order requiring the owner to correct any work which
is being done or has been done in contravention of this Bylaw or bring the real
property into compliance with the provisions of this Bylaw within such time as
the Building Official considers appropriate.
Bylaw No. 8065
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4.6
Without limiting anything in Sections 4.5, 4.7 and 4.8, a Building Official may,
if work is being done or is about to be done in contravention of a permit or this
Bylaw, or if any provision of this bylaw is not being complied with, order all
work authorized by a permit to be stopped, by posting a Stop Work Order on
the property.
4.7
Without limiting anything in Sections 4.5, 4.6 and 4.8, a Bylaw Enforcement
Officer may, if work is being done or is about to be done in contravention of a
permit or this Bylaw, or if any provision of this bylaw is not being complied
with, by posting a Stop Work Order on the property, order all work authorized
by a permit to be stopped for the lesser of seven days or until a Building
Official, in writing, authorizes the work to resume.
4.8
Without limiting anything in Sections 4.5, 4.6 and 4.7, a Building Official may,
by posting a Do Not Occupy Order on a building or property, prohibit
occupancy of a building if the Building Official believes that:
4.8.1
the building is being occupied for a class of occupancy other than
that authorized by the more recent occupancy permit ;
4.8.2
the building is in violation of any provision of the Building Code or this
Bylaw; or
4.8.3
the building is not safe for occupancy due to the condition of the
building or the condition of the real property on which it is located or
any nearby property.
4.9
Delivery of a Compliance Order, Stop Work Order or Do Not Occupy Order
upon an owner will be sufficient if a copy of the order is posted on the
property, served personally on the owner or mailed by prepaid registered mail
to the owner as shown on the current year's real property assessment roll.
SECTION 5 - APPLICATIONS REQUIRED
5.1
Every person shall apply for and obtain:
5.1.1
a building permit before constructing, repairing or altering a
building or structure;
5.1.2
a building permit before moving a building or structure;
5.1.3
a demolition permit before demolishing a building or structure;
5.1.4
a plumbing permit before constructing, repairing or altering a
plumbing system;
5.1.5
a fireplace and chimney permit prior to construction of a masonry
fireplace or the installation of a wood burning appliance or chimney
unless the works are encompassed by a valid building permit.
5.2
All plans submitted with a permit application shall bear the name and address
of the designer of the building, structure or plumbing.
Bylaw No. 8065
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5.3
Each building or structure to be constructed placed, altered, extended or
repaired on site requires a separate building permit and shall be assessed a
separate building permit fee based on the value of that building or structure,
as determined in accordance with the Consolidated Fees Bylaw, except in the
case of buildings in a phased condominium or similar project involving multiple
buildings on a single site, where a single building permit may be issued for
more than one building.
5.4
Each application shall state the estimated market value of the proposed
construction. In calculating the market value of the proposed work, the market
value of that portion of the proposed work which is cladding repair or
replacement necessitated by water penetration of an existing multi-family
residential structure shall not be taken into account. The applicant must
establish, by way of an opinion certified by a Registered Professional, that the
cladding repair or replacement is necessitated by water penetration into an
existing multi-family residential structure.
5.5
Where the source of water supply is from other than a community water system,
e.g., spring, lake, river, creek, or well, proof of a minimum of 4500 litres per day
water supply shall be provided.
5.6
The minimum building elevation of any space used for human occupancy,
commercial sales, business or storage of goods, measured at the underside of
a structural floor system or the top of a concrete slab, shall be no lower than
1.6 m G.S.C. Datum.
5.6.1
The minimum elevation shall not apply to:
5.6.1.1
an addition to a single or two family dwelling provided the
addition is no lower than the existing portion of the
building;
5.6.1.2
a building or portion thereof to be used as a carport,
garage or storage shed, in conjunction with a single or two
family dwelling;
5.6.1.3
a greenhouse;
5.6.1.4
a farm building located in an Agricultural Zone under the
Zoning Bylaw, provided that the minimum elevation of the
bottom of the lowest floor, slab, crawl space or basement
of such farm buildings shall be not less than 0.3 metres
above the mean elevation of the natural grade of the land
within the building envelope.
5.7
An application for a building permit or plumbing permit may be rejected if
construction has commenced under another building permit or plumbing
permit for the same building or structure but an occupancy permit has not
been issued in relation to the work authorized by that permit.
Bylaw No. 8065
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SECTION 6 - APPLICATIONS FOR COMPLEX BUILDINGS
6.1
An application for a building permit with respect to a complex building shall:
6.1.1
be made in the form established and provided by the Building
Official;
6.1.2
be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form attached as Schedule 2 to this Bylaw,
signed by the owner, or a signing officer if the owner is a corporation.
6.1.3
include a copy of a title search made within 30 days of the date of the
application;
6.1.4
include two site plans prepared by a British Columbia Land Surveyor or
Professional Engineer within the last six months showing:
6.1.4.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
6.1.4.2
the legal description and civic address of the parcel;
6.1.4.3
the location and dimensions of all statutory rights of way,
easements and setback requirements;
6.1.4.4
the location and dimensions of all existing and proposed
building and structures on the parcel;
6.1.4.5
setbacks to the natural boundary of any ocean, river, lake,
swamp, pond or watercourse where there are applicable
siting requirements related to flooding;
6.1.4.6
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 of a
building or structure where there are applicable siting
requirements related to minimum floor elevation; and
6.1.4.7
the location, dimension and gradient of parking and driveway
access, boulevard, trees, overhead wire, street lights and
pole locations;
6.1.5
include floor plans showing the dimensions and uses of all areas; the
dimensions and height of crawl and roof spaces; the location, size and
swing of doors; the location, size and opening of windows; floor, wall,
and ceiling finishes; plumbing fixtures; structural elements; and stair
dimensions;
6.1.6
include a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems;
6.1.7
include elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and finished grade;
6.1.8
include cross sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure conforms
to the Building Code;
Bylaw No. 8065
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6.1.9
include copies of approvals required under any enactment relating to
health or safety, including, without limitation, sewage disposal permits,
highway use permits and Ministry of Health approval;
6.1.10
include a Letter of Assurance in the form of Schedule A as referred to
in the Building Code, signed by the owner, or a signing officer of the
owner if the owner is a corporation, and the coordinating Registered
Professional;
6.1.11
include Letters of Assurance in the form of Schedule B as referred to in
the Building Code, each signed by such Registered Professionals
as the Building Official or Building Code may require to prepare the
design for and conduct field reviews of the construction of the
building or structure;
6.1.12
include three sets of drawings and specification, if necessary, at an
appropriate scale of the design prepared by each Registered
Professional and including the information set out in Sections 6.1.5,
6.1.6, 6.1.7 and 6.1.8;
6.1.13
include a completed, signed and sealed Building Code analysis in a
form provided by a Building Official.
6.2
In addition, the following may be required by a Building Official to be submitted
with a building permit application for the construction of a complex building
where the complexity of the proposed building or structure or siting
circumstances warrant:
6.2.1
site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line prepared and sealed by a
Registered Professional, in accordance with the Municipality's
Subdivision and Development Standards Bylaw;
6.2.2
a section through the site showing grades, buildings, structures,
parking areas and driveways;
6.2.3
any other information required by the Building Official or the Building
Code to establish compliance with this Bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
6.3
A Building Official may accept plans with less details for an application to
undertake minor repairs or alterations to complex buildings.
6.4
A Building Official may accept a building permit application to make minor
repairs or alterations to complex buildings under Section 7 - Applications -
Non-Complex Buildings provided that the Building Code does not require that
Registered Professionals be retained.
SECTION 7 - APPLICATIONS - NON-COMPLEX
BUILDINGS
7.1
An application for a building permit with respect to a Non-complex building
shall:
Bylaw No. 8065
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7.1.1
be made in the form established and provided by a Building Official;
7.1.2
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule 2 to this Bylaw,
signed by the owner, or a signing officer if the owner is a corporation;
7.1.3
include a copy of a title search made within 30 days of the date of the
application;
7.1.4
include two site plans prepared by a British Columbia Land Surveyor
or Professional Engineer within the last six months showing:
7.1.4.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
7.1.4.2
the legal description and civic address of the parcel;
7.1.4.3
the location and dimensions of all statutory rights of way,
easements, covenant requirements, setback requirements
and diameter of existing trees and proposed trees on the
land or water lot on which the building or structure is to be
situated;
7.1.4.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel and dwellings on
adjacent lots;
7.1.4.5
setbacks to the natural boundary of any lake, swamp, pond
or
watercourse
where
there
are
applicable
siting
requirements related to flooding;
7.1.4.6
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 of a building or structure
where there are applicable siting requirements related to
minimum floor elevation;
7.1.4.7
the location, dimension and gradient of parking and
driveway access;
7.1.4.8
the location of water service, sewer service, storm water
service and site collection system, vehicle access to a
roadway, firefighting access, parking, landscaping and
screening requirements as required by the Zoning Bylaw
or Subdivision and Development Standards Bylaw or the
Building Code;
7.1.4.9
the grades and elevations of the streets and sewers abutting
the land boulevard, trees, overhead wires, street lights and
pole locations.
7.1.5
include floor plans to scale of 1/4" - 1'0" or 1:50 showing the minimum
dimensions and uses of all areas; the dimensions and height of crawl
and roof spaces; the location, size and swing of doors; the location, size
and opening of window; floor, wall, and ceiling finishes; plumbing
fixtures; location of structural elements and stair dimensions;
Bylaw No. 8065
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7.1.6
include a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems
showing that the lot will conform to the Vertical Building Envelope;
7.1.7
include elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, spatial calculations and
finished grade;
7.1.8
include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure conforms
to the Building Code and complies with Delta bylaws, covenants and
contracts;
7.1.9
include copies of approvals required under any enactment relating to
health or safety, including, without limitation sewage disposal permits,
highway use permits and Ministry of Health approval;
7.1.10
include a foundation design that complies with Subsection 9.4.4 of the
Building Code and the foundation excavation complies with Section
9.12 of the Building Code.
7.1.11
include two copies of sets of drawings at a scale of 1/4" - 1' 0" or 1:50
of the design including the information set out in Sections 7.1.4, 7.1.5,
7.1.6, 7.1.7, 7.1.8 and 7.1.10.
7.2
In addition to the requirements of Section 7.1, the following may be required by
a Building Official to be submitted with a building permit application for the
construction of non-complex buildings where the project involves two or
more buildings, which, in the aggregate, total more than 800 square metres in
building area, or two or more buildings that will contain three or more dwelling
units, or otherwise where the complexity of the proposed building or structure
or siting circumstances warrant:
7.2.1
site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a
Registered Professional, in accordance with the Municipality's
Subdivision and Development Standards Bylaw;
7.2.2
a section through the site showing grades, buildings, structures,
parking areas and driveways;
7.2.3
a roof plan and roof height calculations;
7.2.4
structural, electrical, mechanical or fire suppression drawings
prepared and sealed by a Registered Professional;
7.2.5
Letters of Assurance in the form of Schedule B as referred to in the
Building Code, signed by the Registered Professional;
7.2.6
any other information required by the Building Official or the Building
Code to establish compliance with this Bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
7.3
A Building Official may accept plans with less detail for an application to
undertake minor repairs or alterations to non-complex buildings.
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SECTION 8 - OTHER APPLICATIONS
8.1
An application for a plumbing permit shall:
8.1.1
be in the form established and provided by the Building Official.
Requirements for issuance may require a valid BC Tradesman's
Qualification Certification;
8.1.2
in the case of commercial, industrial, institutional buildings or
residential buildings containing three or more dwelling units, be
accompanied by a plan drawn to a scale that shows to the satisfaction
of a Building Official, the proposed works and the location and size of
every building drain and of every trap or inspection piece on a
building drain, a sectional drawing showing the size and location of
every soil and waste pipe, trap and vent pipe, and an isometric drawing
showing water distribution system layout and sizing;
8.1.3
in the case of plumbing being installed in a complex building Schedule
B are required to be submitted by a Registered Professional.
8.2
An application for a demolition permit shall be made in the form established
and provided by the Building Official and include the fees established in the
Consolidated Fees Bylaw. An application for a demolition permit shall be
accompanied by a Rodent Inspection and Control Declaration in a form
prescribed by the Building Official from time to time.
8.3
An application for a Permit to move a building shall be made in the form
established and provided by the Building Official and shall contain sufficient
information to satisfy the Building Official that the proposed work will comply
with the requirements of Section 17 - Moving of Buildings. A permit authorizing
construction required to bring the building into a healthy, safe and bylaw
compliant state must be attached to the application. The application must
include the application fee set out in the Consolidated Fees Bylaw.
SECTION 9 - PROFESSIONAL PLAN CERTIFICATION
9.1
The Letters of Assurance provided pursuant to this Bylaw are relied upon by the
Municipality and its Building Officials as certification that the design and
plans to which the Letters of Assurance relate comply with the Building Code
and other applicable enactments relating to safety.
9.2
A building permit issued for the construction of a complex building, or for a
non-complex building for which a Building Official required professional
design pursuant to Section 7.2.4 and Letters of Assurance pursuant to this
Bylaw, shall be in the form provided by the Building Official.
9.3
A building permit issued pursuant to Section 9.2 shall include a notice to the
owner that the building permit is issued in reliance upon the certification of the
Registered Professionals that the design and plans submitted in support of
the application for the building permit comply with the Building Code and
other applicable enactments relating to safety.
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9.4
When a building permit is issued in accordance with Section 9.2 the permit
fee shall be reduced by 5% of the fees payable pursuant to the Consolidated
Fees Bylaw, up to a maximum reduction of $500.
SECTION 10 - ISSUANCE OF PERMITS
10.1 A Building Official shall issue the building permit for which the application is
made when:
10.1.1
a completed application, including all required supporting
documentation has been submitted;
10.1.2
if it is a complex building, the proposed work set out in the
application has been undertaken by Registered Professionals in
relation to the Building Code as required in Section 6 - Applications
for Complex Buildings, and the Building Officials' review of the
proposed work set out in the application complies with this Bylaw and
all other applicable bylaws and statues;
10.1.3
if it is a non-complex building, a Building Official's review of the
proposed work set out in the application has been undertaken in
relation to the Building Code, this Bylaw and all other applicable
bylaws and statutes;
10.1.4
the applicant has paid the fees prescribed in the Consolidated Fees
Bylaw.
10.1.5
the owner, or signing officer if the owner is a corporation, or the
coordinating Registered Professional, if applicable, has signed
the building permit;
10.1.6
the Building Official is satisfied that all charges have been paid
and all requirements have been met that are imposed by any other
statute or bylaw;
10.1.7
no covenant or agreement in favour of the Municipality authorizes a
building permit to be withheld;
10.1.8
there is assurance given that the portion of the construction
involving a plumbing system will be installed by a plumber holding
valid BC Tradesman's Qualification Certification, or an owner and
resident of a dwelling unit, will install, alter or repair plumbing in
his dwelling unit or related accessory building; and
10.1.9
The owner provides a non-refundable sum equal to the cost of
planting one street tree for every 9 meters of streets abutting a
property.
10.2 If the application is in respect of a building that includes, or will include, a
residential occupancy, a Building Official shall not issue the building
permit unless the owner provides evidence, in a form satisfactory to the
Building Official, that the owner has complied with the Homeowner
Protection Act, SBC 1998 Chapter 31 and amendments thereto or that the
proposed building is exempt from that Act.
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10.3 A Building Official shall issue a permit for which the application is made,
other than a building permit, when:
10.3.1
a completed application, including all required supporting
documentation has been submitted;
10.3.2
the applicant has paid the fees prescribed in the Consolidated
Fees Bylaw
10.3.3
the owner, or signing officer if the owner is a corporation, or the
coordinating Registered Professional, if applicable, has signed
the permit
10.3.4
for a demolition permit only, the Building Official has approved
a Rodent Inspection and Control plan
10.3.5
the Building Official is satisfied that all charges have been paid
and all requirements have been met that are imposed by any other
statute or bylaw; and
10.3.6
no covenant or agreement in favour of the Municipality authorizes
a demolition permit to be withheld.
10.4 The Building Official may terminate a permit if:
10.4.1
the work authorized by the permit is not commenced within six
months from the date of issuance of the permit;
10.4.2
six months or more time has elapsed since obtaining the most recent
acceptance by the Building Official of any inspection listed in
Section 15.4;
10.4.3
the authorized work is not completed within two years from the
date of issuance of the permit;
10.4.4
the sewage disposal permit that is required under Section 7.1.9 of
this Bylaw or Section 9.31.5.2.(2) of the Building Code is revoked;
10.4.5
the title of the property on which the permit authorizes work to be
done is transferred to a different owner. A building permit that is
valid at the time of transfer may be transferred to the new land
owner when the permit holder requests such a transfer in writing to
the Municipality. A transfer fee as set out in the Consolidated Fees
Bylaw shall be paid;
10.4.6
the Building Official determines that an applicant or his or her
representative has provided false or misleading information on the
application or otherwise obtained the permit fraudulently; or
10.4.7
the permit has been extended under Section 10.8 and the
authorized work is not completed within the extension period
established by the Building Official.
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10.4.8
the permit has been extended under Section 10.8 and the
conditions imposed by the Building Official have not been complied
with.
10.4.9
a Rodent Inspection and Control plan was approved by the Building
Official but is not being complied with.
10.5
If a permit is terminated under Section 10.4, the Building Official must notify
the owner of the termination in writing or by email.
10.6
When notice of termination of a permit has been given in accordance with
Section 10.5, the rights under the permit shall cease and no construction
or other work may continue or commence under that permit.
10.7
A Building Official may issue a permit for the construction of a portion of
a building or structure before the plans and specifications for the entire
building or structure have been accepted, provided adequate information
has been filed to enable the Building Official to ensure the portion to be
constructed complies with this Bylaw, the Building Code, and other
bylaws and regulations of the Municipality and other authorities having
jurisdiction, and the permit fee applicable to that portion of the building or
structure has been paid. The issuance of the permit notwithstanding, the
requirements of this Bylaw apply to the remainder of the building or
structure as if the permit had not been issued.
10.8
As an alternative to terminating a permit under Sections 10.4.1 to 10.4.3, a
Building Official may extend the period of time set out under those
Sections by not more than the same amount of time as is specified in the
applicable Section and make the extension subject to such conditions as
may be appropriate in the circumstances, having regard to safety and the
public interest.
10.9
If a permit is extended under Section 10.8, with or without conditions, the
Building Official must notify the owner of the length of the extension and
any applicable conditions in writing or by email.
10.10
If a Building Official grants an extension under Section 10.8 the extension
is added to the amount of time allowed to complete the authorized work
under Section 10.4.3
10.11
A Building Official may make any permit subject to such conditions as
may be appropriate in the circumstances, having regard to safety and the
public interest.
SECTION 11 - FEES
11.1
Every permit application shall include a non-refundable plan processing fee
in accordance with the Consolidated Fees Bylaw. This plan processing fee
will be credited to the permit fee calculated in accordance with the Schedules
to the Bylaw. The plan processing fee is non-refundable.
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11.2
A permit fee calculated in accordance with the Schedules to this Bylaw shall
be paid in full prior to issuance of the relevant permit under this Bylaw.
11.3
An application for a permit may be cancelled if the prescribed permit fee is
not paid within 60 days from the date of notification to the applicant that the
permit is ready for issuance.
11.4
An application for a permit may be cancelled if the application is
incomplete and inactive for six months.
11.5
If a permit application is cancelled under Sections 11.3 or 11.4, the
Building Official must notify the owner of the length of the cancellation in
writing or by email. The cancellation shall be effective on the date such
notice is given and thereafter submissions in support of the cancelled
permit application may be destroyed.
11.6
A reapplication for a permit shall be processed as a new application and
subject to payment of the plan processing fee under Section 11.1.
11.7
Where applicable, inspection charges shall be paid in accordance with the
Consolidated Fees Bylaw, in advance of inspection.
11.8
The fee for a permit to complete work previously authorized by permit which
is no longer valid shall be based on the cost of work remaining to be
completed.
11.9
A fee as set out in the Consolidated Fees Bylaw is required when revised
drawings are submitted after the building permit has been prepared for
issuance.
11.10
Where, due to non-compliance with this Bylaw, more than two inspections
are necessary when one inspection is normally required, for each inspection
after the second inspection, a re-inspection charge as set out in the
Consolidated Fees Bylaw may be paid prior to additional inspections being
performed.
11.11
When a required permit inspection is requested to be done after the hours
during which the offices of the Municipality are normally open, an inspection
charge shall be payable based on the time actually spent in making such
inspection, including travel time, as set out in the Consolidated Fees Bylaw.
11.12
An inspection charge, as set out in the Consolidated Fees Bylaw, shall be
payable in advance for a voluntary inspection to establish compliance of or to
obtain a report on the status of an existing building or structure.
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SECTION 12 - DISCLAIMER OF WARRANTY OR REPRESENTATION
12.1
Neither the issuance of a permit or occupancy permit under this Bylaw, the
review and acceptance of the drawings, plans and specifications, nor
inspections made by a Building Official, shall constitute a representation or
warranty that the Building Code or this Bylaw has been complied with or that
the building or structure meets any standard of materials and workmanship.
No person shall rely on any action, acceptance or inspection carried out by a
Building Official as assurance in establishing compliance with the Building
Code, this Bylaw or any standard.
SECTION 13 - PROFESSIONAL DESIGN AND FIELD REVIEW
13.1
When a Building Official considers that the site conditions, size or
complexity of a development or an aspect of a development warrant, he or
she may require a Registered Professional to provide design and plan
certification and field review supported by Letters of Assurance in the form
of Schedules A, B, C-A and C-B referred to in the Building Code.
Prior to issuance of an occupancy permit for a complex building, or non-
complex building in circumstances where Letters of Assurance have been
required in accordance with this Bylaw, or where Letters of Assurance
referred to in the Building Code have been provided in support of an building
permit the owner shall provide the Municipality with Letters of Assurance in
the form of Schedules C-A or C-B, as is appropriate, referred to in the
Building Code.
13.2
When a Building Official considers that the design of a component or
combination of components of a project is beyond the scope of Part 9 of the
Building Code the Building Official may require a Registered Professional
to review the design of the component(s). The Building Official may require
the submission of Letters of Assurance in the form of Schedules A, B, C-A
and C-B referred to in the Building Code for the component(s), as applicable.
13.3
When a Registered Professional provides Letters of Assurance in
accordance with this Bylaw, he or she shall provide proof of professional
liability insurance to the satisfaction of the Building Official.
SECTION 14 - RESPONSIBILITIES OF THE OWNER
14.1
Every owner shall ensure that all construction complies with the Building
Code, this Bylaw and other applicable enactments respecting safety and
health.
14.2
Every owner to whom a permit is issued shall be responsible for the cost of
repair of any damage to municipal works that occurs in the course of work
authorized by the permit.
14.3
Every owner to whom a permit is issued shall, during construction:
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14.3.1
post and maintain the permit in a conspicuous place on the
property in respect of which the permit was issued;
14.3.2
keep a copy of the accepted designs, plans and specifications on
the property; and
14.3.3
post the civic address on the property in a location visible from any
adjoining streets.
14.4
Every owner to whom a permit is issued must ensure, throughout the period
of the permit and until the work is complete, that:
14.4.1
the property is not so cluttered, dilapidated, unclean, or in such a
state of apparent abandonment, neglect or disrepair, as to cause
irritation or inconvenience to residents or business operators in the
vicinity; and
14.4.2
building materials, equipment and portable toilet facilities are not
present on the property unless:
14.4.2.1
a valid building permit is in effect for a building or
structure on the real property and construction activity
that materially advances the completion of the building or
structure has occurred on the property in the last fifteen
(15) days;
14.4.2.2
all such items are safely stored within a building,
structure or facility that is permitted under the Zoning
Bylaw, or otherwise obscured from view from any other
property or public place by a method, structure or device
approved in writing by a Building Official; or
14.4.2.3
the storage of such items is a permitted use of the real
property under the Zoning Bylaw and undertaken in a
manner specified by the Zoning Bylaw.
14.5
When a Registered Professional provides Letters of Assurance in
accordance with this Bylaw, the owner to whom a permit was issued must
submit to the Building Official, at least once every 30 days from the date of
issuance of the permit, a written progress report together with copies of field
reviews from each Registered Professional involved in the work authorized
by the permit.
14.6
Every owner to whom a demolition permit is issued shall, until the
demolition work is complete, comply with all terms and conditions of any
Rodent Inspection and Control plan approved by the Building Official.
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SECTION 15 - INSPECTIONS
15.1
When a Registered Professional provides Letters of Assurance in
accordance with this Bylaw, the Municipality will rely solely on field reviews
undertaken by the Registered Professional and the Letters of Assurance,
submitted pursuant to this Bylaw, as assurance that the construction
conforms to the design, plans and specifications and that the construction
complies with the Building Code, this Bylaw and other applicable enactments
respecting safety and health.
15.2
Notwithstanding Section 15.1, 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.
15.3
A Building Official may attend periodically at the site of the construction of
non-complex buildings or structures where a Registered Professional has
provided assurances in accordance with this Bylaw to ascertain whether the
health and safety aspects of the work are being carried out in conformance
with those portions of the Building Code, this Bylaw and any other applicable
enactment concerning health or safety.
15.4
The owner, or his or her representative, shall schedule inspections using the
system established by the Building Official and shall obtain an inspection and
receive a Building Official's acceptance of the following aspects of the work
prior to concealing them:
15.4.1
the foundation and footing forms, after a British Columbia Land
Surveyor certificate has been received and before concrete is
poured;
15.4.2
installation of perimeter drain tiles and damp-proofing, sanitary
sewer, storm sewer and water services, prior to backfilling;
15.4.3
plumbing under-slab rough-in during a required test phase prior to
cover;
15.4.4
the preparation of ground, including ground cover, hydronic heating
system when installed, prior to the placing of a concrete slab;
15.4.5
rough-in of factory built chimneys and fireplaces and wood burning
appliances;
15.4.6
plumbing above slab rough-in during a required test prior to cover;
15.4.7
the framing and sheathing;
15.4.8
insulation and vapour barrier;
15.4.9
the health and safety aspects of the work when the building or
structure is complete and ready for occupancy.
15.4.10
any elements of the work covered or affected by the Energy Step
Code.
15.5
No aspect of the work referred in Section 15.4 shall be concealed until a
Building Official has accepted it in written or digital form.
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15.6
The requirements of Section 15.4 and 15.5 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 this Bylaw.
SECTION 16 - OCCUPANCY PERMITS
16.1
No person shall occupy a building or part of a building until an occupancy
permit has been issued.
16.2
An application for an occupancy permit shall be made in the form established
and provided by the Building Official.
16.3
A Building Official may issue an occupancy permit if:
16.3.1
all Letters of Assurance have been submitted when required in
accordance with this Bylaw;
16.3.2
all aspects of the work requiring inspection and acceptance pursuant
to Section 15.4 have been inspected and accepted;
16.3.3
the property and the proposed occupancy of it complies with this
Bylaw, the Building Code and all other applicable enactments,
regulations and bylaws;
16.3.4
if the building or structure is a complex building the Registered
Professional has submitted digital as constructed drawings in Adobe
format;
16.3.5
the property and the proposed occupancy of it complies with all
conditions contained in the applicable permit; and
16.3.6
all electrical and/or gas permits required by the Safety Standards Act
have been obtained.
16.4
A Building Official may issue an occupancy permit for part of a building or
structure when that part of the building or structure is self contained, provided
with essential services, and meets the requirements set out in Section 16.3.
16.5
A Building Official may make any occupancy permit subject to such
conditions as may be appropriate in the circumstances, having regard to safety
and the public interest.
SECTION 17 - MOVING OF BUILDINGS
17.1
Every application for a building permit to move a building or structure shall
designate the existing site of the building or structure and the proposed site
to which it is to be moved.
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17.2
No building permit to move a building or structure shall be issued until the
time and route of the moving have been approved by the Chief Constable and
the Director of Engineering.
17.3
No building shall be moved into the Municipality or to another parcel of
land within the Municipality for use as a dwelling, unless:
17.3.1
such building has an assessed value of at least $50,000 as shown
on the last assessment roll upon which such building was assessed
or has recently been appraised (using the cost approach to value
method) at a value of a least $50,000 by an accredited Appraiser of
the Canadian Institute;
17.3.2
such building has an assessed value of at least 90% of the average
assessed value of all buildings within 45 metres of the site or parcel
to which it is to be moved, as shown on the last assessment rolls
upon which such buildings were assessed;
17.3.3
such building complies with the Building Code and all of the bylaws
of the Municipality, or the owner thereof has entered into an
agreement with the Municipality for the completion of the building
in accordance with the Building Code and all bylaws of the
Municipality, within one year from the date on which the building
permit was granted, and has deposited with the Municipality, in the
form of cash or an irrevocable Letter of Credit, in a form satisfactory
to the Municipality, a sum equal to the estimated cost involved in
completing such building upon its new site, in compliance with all
the bylaws of the Municipality and the Building Code, as
determined by the Building Official; and
17.3.4
such building conforms to or is altered to conform to the established
architectural standards of the buildings situated in the vicinity of the
site or parcel to which it is to be moved.
17.3.5
the requirements in Sections 17.3.2 and 17.3.4 may be waived by
the Building Official for a building that is listed on the Delta
Heritage Register, is included in Delta's urban or rural heritage
inventories, or is deemed to have sufficient heritage value to
qualify for inclusion in Delta's urban or rural heritage inventories
based on an assessment by a qualified heritage professional.
SECTION 18 - TEMPORARY BUILDINGS
18.1
Subject to compliance with other applicable bylaws and the Building Code, a
Building Official may issue a permit for the erection or placement of a
temporary building or structure unless a Building Official is of the opinion
that the building or structure would not be safe for the use intended.
18.2
The word "temporary", as used in this Section 18 - Temporary Buildings,
shall mean the period designated on the permit, but not exceeding 12
months.
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18.3
Applications for a permit to construct a temporary building or structure
shall be made in the form contained in Schedule 2, and accompanied by:
18.3.1
plans of sufficient detail to show complete compliance with the
Municipality's Bylaws, the Building Code and other applicable
regulations and shall include the location of the building or structure
on the site and construction details of the building or structure;
18.3.2
a statement of the intended use and duration of the use;
18.3.3
the permit fee noted on the Consolidated Fees Bylaw, which will
be non- refundable; and
18.3.4
a removal security in the amount equal to the estimated cost of
removal in the form of cash, certified cheque, bond guarantee by a
licensed bonding company, or a Letter of Credit from a bank, which
removal security is refundable within 30 days of the temporary
building or structure being removed and the site left in a safe and
sanitary condition;
18.3.5
in the event of default by the owner to remove the temporary
building or structure within 30 days after the expiration of the period
provided for in the building permit the removal security shall be
forfeited to the Municipality, and the Municipality, its employees
and agents, may enter and effect the removal of the temporary
building or structure, provided the Municipality gives the owner
30 days notice of its intention to effect such removal;
18.3.6
an agreement with the Municipality, in the form of a restrictive
covenant registerable against the title of the land on which the
temporary building or structure is to be located, agreeing to remove
the temporary building or structure from the land within one year
from the date of issue of the building permit therefore and providing
that if the owner fails to do so, the Municipality may do so at the
owner's expense.
SECTION 19 - SWIMMING POOLS
19.1
A building permit is required for a swimming pool, hot tub, spa, fish pond,
wading or lap pool, prior to its installation or construction, where the depth
exceeds 450 mm. Every application for a building permit for a swimming pool,
hot tub, spa, fish pond, wading or lap pool shall be accompanied with a plan
showing the location, depth and dimensions of the proposed swimming pool,
hot tub, spa, fish pond, wading or lap pool and all water supply piping, waste
piping and appurtenances, structural detail and the location of all buildings
on the site.
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19.2
Every swimming pool, hot tub, spa, fish pond, wading or lap pool, having a pool
depth of greater than 450mm at any point, shall be surrounded by a fence,
building or other structure, no less than 1.5 metres (5 feet) in height
above grade. The fence shall be constructed either on the property line or
surrounding the pool, spa or pond in such a manner as to render the pool, spa
or pond secure from unauthorized entry. Where chain link fence material is to
be used the openings in the mesh shall not be greater than 45 mm measured
horizontally and the wire shall not be less than 11 gauge. The fence shall have
no openings greater than 100 mm between grade and the top of the fence and
shall be built so that no attachment between 100 mm and 900 mm will facilitate
climbing. All access to a pool, spa or pond shall be operated by a self-closing
mechanism and latch mounted on the pool side of each access through the
fence, building or other structure, a minimum of 1 metre above grade.
19.3
A spa or hot tub may be covered with a locking cover which would prevent
unauthorized access to the water in-lieu of a fence.
19.4
It is the responsibility of each owner or occupier of property on or in which a
pool is located, to maintain every fence required under Section 19.2 in good
order. All sagging gates, loose parts, torn mesh, missing materials, worn
latches, locks or broken or binding members shall be promptly replaced or
repaired.
SECTION 20 - HERITAGE BUILDINGS
20.1
Withholding of Approvals
20.1.1
The Director may withhold the issuance of any permit where he or
she is of the opinion that the permit would authorize alteration to:
20.1.1.1
property that is included in the Delta Heritage Register
established by Council;
20.1.1.2
protected heritage property;
20.1.1.3
property subject to temporary heritage protection under
Part 27 of the Local Government Act.
20.1.2
The Director may withhold the issuance of any demolition permit:
20.1.2.1
in respect to property on the Delta Heritage Register, until
a building permit and any other necessary approvals
have been issued with respect to the alteration or
redevelopment of the site;
20.1.2.2
in respect of protected heritage property, until a
heritage alteration permit and any other necessary
approvals have been issued with respect to the alteration
or redevelopment of the site.
SECTION 21 - FLOAT HOMES
21.1
Float homes shall be constructed and located in compliance with the BC
Float Home Standard.
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SECTION 22 - RETAINING STRUCTURES
22.1
Section 22.2 applies to a retaining structure:
22.1.1
retaining soil or fill material greater than 1.2 metres in height;
22.1.2
used to support or protect a building or structure, regardless of
the height of soil or fill material retained; or
22.1.3
that is to be built on land that the Building Official considers is
subject to or is likely to be subject to mud flows, debris flows, debris
torrents, erosion, land slip, rockfalls, subsidence or avalanche,
regardless of the height of soil or fill material retained.
22.2
Retaining structures referred to in section 22.1 are subject to section 7, but
sections 6.1.10, 6.1.11, 14.5, 15.1, 15.2 and 15.3 shall also apply in relation to
any retaining structure referred to in section 22.1. All site reports and final
completion records (Schedule C-B forming part of the Building Code) relating
to the retaining structure shall be submitted to the Building Official by the
Registered Professional before final inspection of the retaining structure.
SECTION 23 - STORM WATER AND SANITARY PUMPS
23.1
Where the sanitary or storm sewer serving a building or lot is not able to
achieve a gravity connection that conforms to the Building Code a pumped
system shall be provided and maintained by the owner.
23.2
Only that portion of a storm drainage system serving a building, structure or
lot that is unable to achieve a gravity connection that conforms to the Building
Code shall be pumped.
23.3
A Registered Professional shall provide design certification and field review
of the pumped system, supported by Letters of Assurance in the form of
Schedules B and C-B as referred to in the Building Code, each signed by
such Registered Professionals as the Building Official or Building Code
may require.
23.4
A pumped system must be designed to the satisfaction of the Building
Official and, at a minimum, include:
23.4.1 dual or duplex pumps;
23.4.2 backflow prevention;
23.4.3 temporary back-up power; and
23.4.4 an alarm audible within the premises to warn of high water levels
in the sump.
23.5
A pumped system must be placed in a location acceptable to the Building
Official, having regard to efficient operation and impact on neighbours.
Bylaw No. 8065
- 29 -
23.6
Where a pump system is proposed, a covenant pursuant to Section 219 of the
Land Title Act shall be registered on title and shall provide that the building
cannot be occupied unless the pump system has been installed in accordance
with this bylaw and is in good working order. The covenant must also release
and indemnify the Municipality and its elected officials, officers and
employees from and against any claims relating to or arising from the use,
operation or malfunction of the pump system. The covenant must contain such
additional provisions as the Municipality's Director of Community Planning
and Development considers necessary for the protection of the Municipality's
sanitary or storm sewer system or the protection of public health, including but
not limited to the health of occupants
of the building or lot.
SECTION 24 - CLIMATIC DATA
24.1
When climatic data is required for the design of buildings, it shall be the data
provided by the table shown on Schedule 1 and the accompanying map.
SECTION 25 - PENALTIES AND ENFORCEMENT
25.1
Every person who:
25.1.1
contravenes, violates or fails to comply with any provision of this
Bylaw;
25.1.2
suffers or allows any act or thing to be done in contravention of this
Bylaw; or
25.1.3
fails or neglects to do anything required to be done under this Bylaw,
commits an offence, and where the offence is a continuing one, each day that
the offence is continued constitutes a separate and distinct violation of this
Bylaw.
25.2
This Bylaw may be enforced by a Building Official:
25.2.1
in accordance with Municipal Ticketing Information Bylaw No. 6639,
2007, as amended, by means of a ticket in the form prescribed for that
purpose under the Community Charter;
25.2.2
in accordance with Delta Bylaw Notice Enforcement Bylaw No. 7009,
2011, as amended, by means of a notice authorized by the Local
Government Bylaw Notice Enforcement Act; or
25.2.3
by proceedings under the Offence Act.
Bylaw No. 8065
- 30 -
25.3
This Bylaw may be enforced by a Bylaw Enforcement Officer:
25.3.1
in accordance with Municipal Ticketing Information Bylaw No. 6639,
2007, as amended, by means of a ticket in the form prescribed for that
purpose under the Community Charter; or
25.3.2
in accordance with Delta Bylaw Notice Enforcement Bylaw No. 7009,
2011, as amended, by means of a notice authorized by the Local
Government Bylaw Notice Enforcement Act;
25.4
A person who commits an offence that is prosecuted under the Offence Act is
liable to a fine of not more than $50,000 or to imprisonment for not more than
six months, or both.
25.5
Upon receipt of a Compliance Order, an owner of real property must comply
with the order within a time period stated in the order, or if no time period is
stated, within 10 business days.
25.6
Every owner of real property to whom a Stop Work Order issued by a
Building Official has been delivered in accordance with this Bylaw, and every
other person having knowledge of the Stop Work Order, shall cease all
construction work immediately and shall not do any work until all provisions
of the Building Code and this Bylaw have been fully complied with and the
Stop Work Order has been rescinded in writing by a Building Official.
25.7
Every owner of real property to whom a Stop Work Order issued by a Bylaw
Enforcement Officer has been delivered in accordance with this Bylaw, and
every other person having knowledge of the Stop Work Order, shall cease all
construction work immediately and shall not do any work until the earlier of
seven days after the Stop Work Order was posted or a Building Official, in
writing, authorizes the work to resume.
25.8
The owner of property to whom a Do Not Occupy Order has been delivered
in accordance with this Bylaw, and every other person having knowledge of the
Do Not Occupy Order, shall cease occupancy of the building immediately
and shall refrain from further occupancy until all applicable provisions of the
Building Code and this Bylaw have been complied with and the Do Not
Occupy Order has been rescinded in writing by a Building Official.
25.9
Every person who commences work requiring a permit without first obtaining
such a permit shall, if a Stop Work Order is issued, pay an additional charge
equal to 100% of the permit fee prior to obtaining the required
permit.
25.10
If an owner fails to comply with a Compliance Order within the time specified,
the Municipality may, by its workers or by other persons authorized by the
Building Official, at all reasonable times and in a reasonable manner, enter
the property and bring about such compliance at the cost of the owner. Such
costs shall include all costs and expenses incurred by the Municipality to
achieve compliance with this Bylaw including, without limitation, administrative
costs, costs to attend property by the Municipality's employees or contractors,
and the costs of removal, clean up, and disposal.
Bylaw No. 8065
- 31 -
25.11
Where the owner at whose expense a Compliance Order is carried out under
Section 25.10 does not pay the costs of the removal within thirty (30) days of
receipt of an invoice for such work, the costs may be:
25.11.1
recovered from the owner as a debt; and
25.11.2
added to and form part of the taxes payable on the property as taxes
in arrears if they remain unpaid on December 31st in the year in which
the thirty (30) days expired.
SECTION 26 - SEVERABILITY
26.1
If any Section or lesser portion of this Bylaw is held invalid by a court, the
invalid portion shall be severed from this Bylaw and the remainder of the Bylaw
shall remain in full force and effect.
SECTION 27 - SCHEDULES
27.1
Schedules "1" through "3" attached to this Bylaw form a part of this Bylaw.
SECTION 28 - TRANSITIONAL
28.1
Subject to Section 28.2, "Delta Building/Plumbing Bylaw No. 6060, 2002" is
hereby repealed and replaced by this Bylaw.
28.2
All construction authorized by building permits issued under Delta
Building/Plumbing Bylaw No. 6060, 2002 shall continue to be regulated
pursuant to the provisions of that Bylaw until the earlier of:
28.2.1
a final inspection of the work authorized by the permit indicates
the work is complete; or
28.2.2
expiration of the building permit, following which any further
construction shall be regulated by this Bylaw.
READ A FIRST time the
13th
day of
December,
2021.
READ A SECOND time the
13th
day of
December,
2021.
READ A THIRD time the
13th
day of
December,
2021.
FINALLY CONSIDERED AND ADOPTED the 24th day of January, 2022.
"Dylan Kruger"
_______________________
Dylan Kruger
Acting Mayor
"Michelle Jansson"
_______________________
Michelle Jansson, CMC
City Clerk
Bylaw No. 8065 - 32 -
Schedule 1
Delta Building/Plumbing Bylaw No. 8065, 2021
Climatic Data
For the purposes of this Schedule, Zone 1 is all of the Municipality to the west of the dashed line
and Zone 2 is all of the Municipality east of the dashed line shown on the map below, which
forms part of this Schedule.
The following climatic values shall be utilized for the design of buildings in this Municipality:
Zone 1
Zone 2
(a)
January 2½ percent Design Temperature
-6oC
-8oC
Bylaw No. 8065 - 33 -
(b)
January 1 percent Design Temperature
-8oC
-10oC
(c)
July 2-½ percent Design Drybulb
Temperature
27oC
29oC
(d)
July 2-½ percent Design Wetbulb
Temperature
19oC
20oC
(e)
Annual Total Degree - days below 18oC
2600
2750
(f)
Maximum Fifteen-minute rainfall
10mm
10mm
(g)
Maximum One-day rainfall
80mm
128mm
(h)
Annual Total Precipitation
1050mm
1575mm
(i)
Maximum Snow Load on the Ground
Ss=1.3kPa
Sr=0.2kPa
Ss=2.4kPa
Sr=0.3kPa
(j)
Hourly Wind Pressures:
Probability 1/10
Probability 1/50
0.36kPa
0.46kPa
0.34kPa
0.44kPa
(k)
Depth of Frost Penetration
450 mm.
(l)
Seismic Spectral Response Sa (0.2)
0.924
0.786
Bylaw No. 8065 - 34 -
SCHEDULE 2
Delta Building/Plumbing Bylaw No. 8065, 2021
Owner's Undertaking
Re: Property Address
Legal Description:
Building Permit #
This undertaking is given by the undersigned, as the owner of the property
described above, with the intention that it be binding on the owner and that Delta
will rely on same.
I confirm that I have applied for a building permit pursuant to "Delta
Building/Plumbing Bylaw No. 8065, 2021" and that I have carefully reviewed and fully
understand all of the provisions of the Bylaw and in particular, understand, acknowledge
and accept the provisions describing the purpose of the Bylaw, the conditions under
which permits are issued, the disclaimer of warranty or representation and the limited
extent of the scope of the Bylaw and inspections thereunder.
Without in any way limiting the foregoing, I acknowledge fully that it is my
responsibility, whether or not any work to be performed pursuant to the permit
applied for is done by me, a contractor or a registered professional, to ensure
compliance with the Building Code and the Bylaw.
I am not in any way relying on Delta or its Building Officials or Bylaw
Enforcement Officers, as defined under the Bylaw, to protect the owner or any other
persons as set out in Section 1.2 of the Bylaw and I will not make any claim alleging any
such responsibility or liability on the part of Delta or its Building Officials or Bylaw
Enforcement Officers.
Owner's Information:
Name:
Address:
Telephone:
Contact Person:
Date:
Signature:
Bylaw No. 8065 - 35 -
SCHEDULE 3
Delta Building/Plumbing Bylaw No. 8065, 2021
Appointment of Representative
City of Delta
Attention:
Community Planning & Development
4500 Clarence Taylor Crescent
Delta, BC V4K 3E2
Fax: 604-946-4148 or 604-946-2759
Re: Property Address:
Legal Description:
I am the owner of the above referenced property and hereby authorize:
Representative:
PRINT NAME
To represent me in an application for (please check where applicable):
ϒ Building Permit (Application # )
ϒ Demolition Permit (Application # )
ϒ Land Use Application (Application # )
To view or receive copies of:
ϒ Correspondence And/or Permits
ϒ Permit Plans
To receive a building permit:
ϒ As the owner of the subject property prior to transfer of title
Owner's Information:
Name:
PRINT NAME
Address:
Telephone:
Contact Person:
PRINT NAME
Date:
Signature:
Index for Bylaw 8065
- 36 -
CITY OF DELTA
"Delta Building/Plumbing Bylaw No. 8065, 2021"
Section 1
General
Section 2
Scope and Exemptions
Section 3
Prohibitions
Section 4
Building Officials
Section 5
Applications Required
Section 6
Applications for Complex Buildings
Section 7
Applications - Non-complex Buildings
Section 8
Other Applications
Section 9
Professional Plan Certification
Section 10
Issuance of Permits
Section 11
Fees
Section 12
Disclaimer of Warranty or Representation
Section 13
Professional Design and Field Review
Section 14
Responsibilities of the Owner
Section 15
Inspections
Section 16
Occupancy Permits
Section 17
Moving of Buildings
Section 18
Temporary Buildings
Section 19
Swimming Pools
Section 20
Heritage Buildings
Section 21
Float Homes
Section 22
Retaining Structures
Section 23
Storm Water and Sanitary Pumps
Section 24
Climatic Data
Section 25
Penalties and Enforcement
Section 26
Severability
Section 27
Schedules
Section 28
Transitional
Schedule 1
Climatic Data
Schedule 2
Owner's Undertaking
Schedule 3
Appointment of Representative