Bylaw No. 1582, 2015 Building Bylaw (Consolidated)
Enderby, British Columbia
· No. 1582
· adopted 2015-12-21
· summary & facts
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City of Enderby Building Inspection Bylaw
THE CORPORATION OF THE CITY OF ENDERBY
CONSOLIDATED FOR CONVENIENCE ONLY
BYLAW NO. 1582 AMENDMENT INDEX
BYLAW
NO.
ADOPTION
TEXT AMENDMENT
1595
March 21, 2016
- Replaced Schedule "A"
1713
1713A
(retitled)
December 7, 2020
- Added to Section 105(2)(j)
- Inserted "the Architects Act" after "the Local Government Act"
in Section 301(3)
- Inserted "the Architects Act" after "the Community Charter" in
Sections 402(4) and 402(9)
- Replaced "a Record of Sewerage System" with "a Sewerage
System Letter of Certification" in Section 808(2)(b)
1734
December 20, 2021
- Retitled "City of Enderby Building Bylaw No 1582, 2015
Amendment Bylaw 1713, 2020" as "City of Enderby Building
Bylaw No. 1582, 2015 Amendment Bylaw 1713A, 2020"
- Added definitions for "BC ENERGY STEP CODE",
"BUILDING ENERGY LABEL", "ENERGY ADVISOR", and
"GHG" in alphabetical order to Section Two - Interpretation
- Replaced the definitions of "BUILDING CODE",
"CONSTRUCTION VALUE", "OFFICIAL COMMUNITY
PLAN", and "ZONING BYLAW" in Section Two -
Interpretation
- Added Section 402.10
- Added Section 613
- Replaced Section 805.2
- Replaced Section 807.1
- Deleted Section 807.2 and renumbering the remainder of the
section
- Replaced Section 807.4 (807.3 as renumbered)
- Added Section 903.2.f.1
- Replaced the table in Schedule "A" - Climate Values
1769
May 1, 2023
- Replaced "in Step One of the BC Energy Step Code for any
permit application received on or after January 3, 2022" with
"in the Building Code" in Section 613.2
- Replaced all references to "Architects Act" with "Architects
Regulation"
1782
December 4, 2023
- Replaced "the owner" with "all property owners" in Section
701.1
- Replaced "the owner" with "all property owners" in Section
703.1
- Added Section 704
- Replaced Schedule "A" - Climate Values
THE CORPORATION OF THE CITY OF ENDERBY
BYLAW No. 1582, 2015
A bylaw for the administration of the BC Building Code
TABLE OF CONTENTS
SECTION ONE - SCOPE AND APPLICABILITY .......................................................... 5
101
CITATION ............................................................................................................ 5
102
SCHEDULES ....................................................................................................... 5
103
PURPOSE OF BYLAW ....................................................................................... 5
104
PERMIT CONDITIONS ........................................................................................ 5
105
SCOPE AND GENERAL EXEMPTIONS ............................................................. 6
SECTION TWO - INTERPRETATION ............................................................................ 7
SECTION THREE - PROHIBITION AND ENFORCEMENT ........................................ 11
301
PROHIBITIONS ................................................................................................. 11
302
GENERAL PENALTIES .................................................................................... 11
303
'STOP WORK ORDER' NOTICE ....................................................................... 12
304
'DO NOT OCCUPY' NOTICE ............................................................................ 12
305
NOTICE ON TITLE ............................................................................................ 12
SECTION FOUR - BUILDING OFFICIALS .................................................................. 13
SECTION FIVE - RESPONSIBILITIES OF THE OWNER ........................................... 14
SECTION SIX - GENERAL PROVISIONS FOR BUILDING PERMIT
APPLICATIONS ................................................................................................. 15
601
GENERAL PROVISIONS .................................................................................. 15
602
APPLICATION EXEMPTIONS .......................................................................... 15
603
MANUFACTURED HOMES............................................................................... 16
604
PROFESSIONAL DESIGN AND FIELD REVIEW ............................................. 16
605
CLIMATE DATA ................................................................................................ 17
606
WATER METERS .............................................................................................. 17
607
EVIDENCE OF POTABLE WATER SUPPLY .................................................... 17
608
SEWAGE DISPOSAL ........................................................................................ 18
609
CONSTRUCTION PLANS ................................................................................. 19
610
ROOF AND FOUNDATION DRAINAGE PLAN ................................................. 19
611
SITE PLAN ........................................................................................................ 20
612
SURVEY CERTIFICATE REQUIRED ................................................................ 20
613
ENERGY CONSERVATION AND GHG EMISSION REDUCTION (1734) ......... 21
SECTION SEVEN - SPECIFIC PROVISIONS FOR BUILDING PERMIT
APPLICATIONS ................................................................................................. 22
701
APPLICATION FOR A SIMPLE BUILDING OR A STRUCTURE ...................... 22
702
SPECIFIC REQUIREMENTS FOR STRUCTURES ........................................... 22
703
APPLICATION FOR A COMPLEX BUILDING .................................................. 23
704
LIQUOR LICENSE OCCUPANT LOAD CALCULATION .................................. 23
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS ................................... 25
801
BUILDING PERMIT ........................................................................................... 25
802
BUILDING PERMIT FEES ................................................................................. 25
803
PROFESSIONAL PLAN CERTIFICATION AND PERMIT ................................. 26
804
PHASED BUILDING PERMIT ........................................................................... 26
805
BUILDING PERMIT EXPIRED ........................................................................... 26
806
BUILDING PERMIT REVOKED ......................................................................... 27
807
BUILDING PERMIT RENEWAL ........................................................................ 27
808
OCCUPANCY PERMIT REQUIRED .................................................................. 28
809
PROVISIONAL OCCUPANCY PERMIT ............................................................ 28
SECTION NINE - BUILDING INSPECTIONS .............................................................. 30
901
COMPLEX BUILDINGS ..................................................................................... 30
902
SIMPLE BUILDINGS OR STRUCTURES.......................................................... 30
903
INSPECTIONS REQUIRED ............................................................................... 30
SECTION TEN - DEMOLITION PERMIT AND APPLICATION ................................... 33
1001
APPLICATION .................................................................................................. 33
1002
EXEMPTIONS ................................................................................................... 33
1003
DEMOLITION PERMIT ...................................................................................... 33
1004
DEMOLITION DEPOSIT .................................................................................... 33
SECTION ELEVEN - MOVING PERMIT AND APPLICATION .................................... 35
1101
APPLICATION .................................................................................................. 35
1102
EXCEPTIONS .................................................................................................... 35
1103
MOVING PERMIT .............................................................................................. 35
1104
MOVING DEPOSIT ............................................................................................ 35
SECTION TWELVE - BYLAW REPEAL, READINGS, AND ADOPTION ................... 37
1201
REPEAL ............................................................................................................ 37
1202
EFFECTIVE DATE ............................................................................................ 37
1203
SEVERABILITY ................................................................................................. 37
SCHEDULE "A" - CLIMATE VALUES ......................................................................... 38
Page 5
City of Enderby Building Inspection Bylaw
SECTION ONE - SCOPE AND APPLICABILITY
WHEREAS the Province of British Columbia has enacted the British Columbia Building Code to
govern standards in respect of the construction, alteration, repair and demolition of buildings and
structures in municipalities;
AND WHEREAS the Province by enactment has authorized Council, for the health, safety and
protection of persons and property, to regulate the construction, alteration, repair or demolition of
buildings and structures by bylaw;
AND WHEREAS it is deemed necessary to provide for the administration of the Building Code;
NOW THEREFORE the Council of the City of Enderby, in an open meeting assembled, enacts
as follows:
101
CITATION
This Bylaw may be cited as "City of Enderby Building Bylaw No. 1582, 2015".
102
SCHEDULES
The following schedule is attached to and forms part of this bylaw:
Schedule "A"
Climate Values
103
PURPOSE OF BYLAW
1. This Bylaw shall, notwithstanding any other provision herein, be interpreted in
accordance with Section 103.2.
2. This Bylaw is enacted and retained for the purpose of regulating construction in the
general public interest within the area where this Bylaw has force and effect. The
activities undertaken by or on behalf of the City 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. The purpose of this Bylaw does not include:
a. the protection of owners, owner/builders or constructors from economic loss;
b. the assumption by the City 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 standards;
c. providing any person a warranty of design or workmanship with respect to any
building or structure for which a permit is issued under this Bylaw; or
d. providing a warranty or assurance that construction undertaken pursuant to
building permits issued by the City is free from latent or any other defects.
104
PERMIT CONDITIONS
1. A permit is required whenever work regulated under this Bylaw is to be undertaken.
2. Neither the issuance of a permit under this Bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections made
Page 6
by or on behalf of the City shall in any way relieve the owner or his or her representative
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.
3. It shall be the full and sole responsibility of the owner, and where the owner is acting
through a representative, 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.
4. Neither the issuance of a permit under this Bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections made
by or on behalf of the City 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.
105
SCOPE AND GENERAL EXEMPTIONS
1. This Bylaw applies to the design, construction and occupancy of new buildings and
structures; the alteration, reconstruction, demolition, removal, relocation and
occupancy of existing buildings and structures; and the installation of plumbing works.
2. As a general exemption to all regulations of this Bylaw, this Bylaw does not apply to:
a. buildings or structures exempted by Part 1 of the Building Code except as
expressly provided herein;
b. accessory buildings less than 10 square metres in building area that do not create
a hazard, on the condition that the building is sited in accordance with the City
Zoning Bylaw;
c. accessory and agricultural buildings located in Country Residential Zones, are less
than 55 m2 in size, are no higher than one storey (6 metres) in height, do not
contain plumbing and meet the requirements of the City Zoning Bylaw;
d. retaining structures 1.2 metres in height or less;
e. fences;
f. non-structural repairs or alterations to a building or structure or the repair or
replacement of plumbing works;
g. bridges, except pedestrian and vehicle bridges attached to buildings;
h. docks or wharves, except where a building is constructed on a dock or wharf;
i.
deck additions, except a deck where the difference in elevation between the deck
surface and the ground surface at any point is 0.6 metres or more and on the
condition that the deck is sited in accordance with the Zoning Bylaw;
j.
greenhouses or other similar structures covered by a polyethylene film and
intended to be used only for storage purposes or the production of agricultural
products; on the condition that the structure is sited, and the uses are in
accordance with the City Zoning Bylaw and for the purpose of this Bylaw,
buildings or structures used for cannabis production facilities are not
considered greenhouses and therefore require a building permit. (1713A)
k. travel trailers and similar recreational vehicles within a commercial campground as
designated by the City;
l.
site services within a manufactured home park or a commercial campground as
designated by the City; nor
m. site services for a bare land strata development under the Strata Property Act.
Page 7
SECTION TWO - INTERPRETATION
In this bylaw the following words and terms have the meanings set out in section 1.4.1.2 of the
building code as of the date of the adoption of this bylaw: alteration, assembly occupancy,
basement, building, building area, building height, business and personal services occupancy,
care occupancy, chimney, constructor, coordinating registered professional, designer, detention
occupancy, dwelling unit, excavation, field review, firewall, foundation, grade, high hazard
industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy,
medium hazard industrial occupancy, mercantile occupancy, occupancy, private sewage
disposal system, storey, registered professional, residential occupancy and unsafe condition.
In this bylaw, unless the context otherwise requires:
AGRICULTURAL BUILDING means a building or structure, the use or intended use of which is
agricultural and specifically includes providing for the growing, rearing, producing, and
harvesting of agricultural products; includes the preliminary grading of such products for
shipment, and specifically includes riding stables, dog kennels, nurseries, greenhouses, and
the keeping of pigeons, doves, or other animal or birds of the like kind, feed lots, fish farms,
piggeries, mushroom growing, and the keeping of bees, horses, sheep, goats, dairy cows, fur
bearing animals, rabbits, poultry or other animals or birds of like kind.
BC ENERGY STEP CODE means the requirements set out in Section 614 of this Bylaw and
Division B, Part 9 and 10 of the Building Code. (1734)
BUILDING CODE means "The British Columbia Building Code" as adopted by the Minister and
as amended or re-enacted from time to time. (1734)
BUILDING CODE means the British Columbia Building Code as adopted by the Minister
responsible under Provincial legislation, as amended or re-enacted from time to time.
(1734)
BUILDING ENERGY LABEL means information about a building's energy use, efficiency
ratings, how the rating was calculated and where energy is consumed in the building
which is posted in a location that is protected from moisture and damage. (1734)
BUILDING OFFICIAL includes the Chief Building Inspector, Building Inspectors, Plan Checkers
and Building Technicians retained by the City.
CHIEF ADMINISTRATIVE OFFICER means that person appointed the City Council pursuant to
Section 147 of the Community Charter.
CISTERN SYSTEM means a private water system consisting of facilities for the storage and
distribution of potable water which is supplied by the collection and treatment of surface,
groundwater or delivered water and includes all tanks, reservoirs, pipes, pumps, power
supplies and mechanical and plumbing components of such a water system.
CITY means the Corporation of the City of Enderby as described by its letters patent and
amendments thereto.
CIVIC USE means a use as may be defined by the City Zoning Bylaw.
CLASS OF OCCUPANCY means the major occupancy group for which a building or part thereof
is used or intended to be used according to the classification set out in the Building Code.
Page 8
COMMUNITY SANITARY SEWAGE SYSTEM means a system of works which is established
and operated in accordance with provincial legislation and regulations that may apply, for the
collection, treatment and disposal of sanitary sewage.
COMMUNITY WATER SYSTEM means a system of works, which is established and operated in
accordance with provincial legislation and regulations that may apply, for the provision of
water to more than one single family residence, and which is owned, operated and maintained
by the City, a Strata Corporation, Improvement District, Irrigation District, Water Utility, Water
Users' Community, or other body.
COMPLEX BUILDING means those buildings to which Part 3 of the Building Code applies and
specifically includes:
a. all buildings used for major occupancies classified as:
i.
assembly occupancies;
ii. care or detention occupancies; and
iii. high hazard industrial occupancies.
b. all buildings exceeding 600 square metres in building area or exceeding three storeys in
building height used for major occupancies classified as:
i.
residential occupancies;
ii. business and personal services occupancies;
iii. mercantile occupancies; and
iv. medium and low hazard industrial occupancies.
CONSTRUCTION VALUE means the total cost of a proposed building or structure determined
from an executed construction contract or an estimated value of the building or structure
established by the Building Official in the absence of a contract. (1734)
CONSTRUCTION VALUE means the total cost of a proposed building or structure
determined by an estimated value of the building or structure established by the
Building Official, or otherwise by the owner's declared value on the permit application,
for which the Building Official may require proof in the form of an executed
construction contract and, at the Building Official's discretion, a certificate of
construction costs provided by an independent qualified professional registered to
practice in British Columbia. (1734)
ENERGY ADVISOR means a person who is registered as an energy advisor with Natural
Resources Canada. (1734)
FEES AND CHARGES BYLAW means the City of Enderby Fees and Charges Bylaw No. 1479,
2010, as amended from time to time.
FLOOR AREA means the space on any story of a building between the exterior walls including
the space occupied by interior walls and partitions, but not including the floor area of
basements, attached garages, sheds, open porches, or breezeways.
GHG means greenhouse gas, as defined by the Climate Change and Accountability Act.
(1734)
HEALTH AND SAFETY ASPECTS OF THE WORK means design and construction regulated by
Page 9
Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22,
9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of the Building Code.
HOLDING TANK SEWAGE DISPOSAL PERMIT means a permit issued by the City of Enderby.
OFFICIAL COMMUNITY PLAN means a bylaw adopted pursuant to Section 876 of the Local
Government Act by the City. (1734)
OFFICIAL COMMUNITY PLAN means a bylaw adopted by the City pursuant to Section 479
of the Local Government Act. (1734)
PARK MODEL RECREATION UNIT means a recreational vehicle designed as living quarters for
seasonal recreation accommodation, which can be relocated on occasion, and must be
connected to those utilities necessary for the operation of installed fixtures and appliances,
and has a Gross Floor Area, including lofts, not exceeding 50 square metres (538.2 square
feet) when in the setup mode, and has a width greater than 2.6 metres (8.5 feet) and less
than 4.42 metres (14.5 feet) in the transit mode. A park model recreational vehicle must
conform to CAN/CSA-Z241 Series Standard (dated 1992 or later) and is not a trailer as
defined by this bylaw.
REGISTERED PROFESSIONAL means:
a. a person who is registered or licensed to practice as an architect under the Architects Act
Architects Regulation (1769) and has experience in the practice of architecture; or
b. a person who is registered or licensed to practice as a professional engineer under the
Engineers and Geoscientists Act and has experience in the relevant branch of engineering
or geoscience.
RE-INSPECTION means any additional inspection required as a result of faulty or deficient work,
work not completed or work covered-up prior to inspection.
REPRESENTATIVE means a person authorized by a property owner to represent the owner
where permitted by this Bylaw.
RETAINING STRUCTURE means a structure that is subject to lateral earth pressure, is laterally
unsupported at the top and retains more than 1.2 metres of soil material measured as the
difference between the finished grade at the top and bottom of the structure.
SIGN means a structure that is subject to a bylaw in respect of signs enacted by the City.
SIMPLE BUILDING means those buildings to which Part 9 of the Building Code applies; being
buildings of three storeys or less in building height, having a building area not exceeding 600
square metres and used for major occupancies classified as:
a. residential occupancies;
b. business and personal services occupancies;
c. mercantile occupancies; or
d. medium and low hazard industrial occupancies.
SPECIAL INSPECTION means an inspection not listed in Section 903.2 including inspection of
a building site, a building to be moved, an existing building for the purpose of change in
Page 10
occupancy classification or where a permit has expired.
STRUCTURE means constructed works of any kind, whether fixed to, supported by or sunk into
land or water; but specifically excludes landscaping, fences, flag poles, patios, paving and
retaining structures 1.2 metres in height or less.
SWIMMING POOL means any constructed or pre-fabricated structure for holding water for the
purpose of bathing or swimming having a surface area of more than 15.0 square metres and
a depth of more than 0.5 metres.
ZONING BYLAW means a bylaw adopted by the City pursuant to Section 903 of the Local
Government Act. (1734)
ZONING BYLAW means a bylaw adopted by the City Pursuant to Section 479 of the Local
Government Act. (1734)
Page 11
City of Enderby Building Inspection Bylaw
SECTION THREE - PROHIBITION AND ENFORCEMENT
301
PROHIBITIONS
1. No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal or relocation of any building or structure, or other work related to
construction, unless a Building Official has issued a permit for the work as outlined in
this Bylaw.
2. No person shall install a manufactured home or park model recreational unit unless a
Building Official has issued a permit for the work as outlined in this Bylaw.
3. No person shall change the Class of Occupancy of an existing building contrary to this
Bylaw, the Building Code, the Local Government Act, the Architects Act (1713A)
Architects Regulation (1769) or any other applicable bylaw or Provincial statute
unless a Building Official has issued a permit for the change as outlined in this Bylaw.
4. No person shall move a building or structure unless a Building Official has issued a
permit for the moving of the building or structure as outlined in this Bylaw.
5. No person shall demolish a building or structure unless a Building Official has issued
a permit for the demolition as outlined in this Bylaw.
6. No person shall erect a sign structure unless a Building Official has issued a permit for
the sign structure as outlined in this Bylaw.
7. No person shall submit any false or misleading information in an application for a
permit or in regards to any other submissions as outlined in this Bylaw.
8. No person shall do any work that is at variance with the approved design, plans or
specifications of a building, structure or other works for which a permit has been issued
unless that variance has been approved in writing by a Building Official.
9. No person shall occupy or use any building or structure unless an Occupancy Permit
or Provisional Occupancy Permit has been issued by a Building Official for the building
or structure.
10. No person shall occupy or use any building or structure contrary to the terms of any
permit issued or any notice given by a Building Official.
11. No person shall, unless authorized in writing by a Building Official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit, or certificate
posted upon or affixed to a building or structure pursuant to this Bylaw.
12. No person shall obstruct the entry of a Building Official or other authorized official of
the City on property in the administration and enforcement of this Bylaw.
302
GENERAL PENALTIES
1. Every person who contravenes any provision of this Bylaw commits an offence
punishable on summary conviction and shall be liable to a fine of not more than
$10,000.00 or to imprisonment for not more than six months.
Page 12
2. Each day during which a violation is continued shall be deemed to constitute a new
and separate violation.
303
'STOP WORK ORDER' NOTICE
1. A Building Official may order cessation of any work that is proceeding in contravention
of the Building Code, this Bylaw or a permit issued pursuant to this Bylaw by posting
a 'Stop Work Order' notice in the form provided by the City.
2. The owner of property on which a 'Stop Work Order' notice has been posted, and
every other person, shall cease all construction work immediately and shall not do any
work other than work expressly authorized or required by the Building Official, until all
applicable provisions of this Bylaw have been complied with and the 'Stop Work Order'
notice has been rescinded by a Building Official.
3. Every owner who commences work requiring a permit without first obtaining such a
permit shall, if a 'Stop Work Order' notice is issued, pay a penalty equal to double the
permit fee for construction valued up to $1,000,000 (one million dollars), such penalty
not to exceed $1,500 (one thousand five hundred dollars) and 15% (fifteen percent) of
the Building Permit fee for construction valued at $1,000,000 (one million dollars) or
more, such penalty not to exceed $15,000 (fifteen thousand dollars) prior to obtaining
the required permit. Construction work shall be deemed to have commenced when:
a. concrete pouring or other foundation work related to construction has begun;
b. a building or manufactured home has been moved onto its new location;
c. a concrete slab, which is intended to be part of a building or structure, has been
poured; or
d. equivalent work is in place when other building systems are used.
304
'DO NOT OCCUPY' NOTICE
1. Where a person occupies a building or structure or part of a building or structure in
contravention of this Bylaw a Building Official may post a 'Do Not Occupy' notice in
the form provided by the City on the affected part of the building or structure.
2. The owner of property on which a 'Do Not Occupy' notice has been posted, and every
other person, shall cease occupancy of the building or structure immediately and shall
refrain from further occupancy until all applicable provisions of this Bylaw have been
complied with and the 'Do Not Occupy' notice has been rescinded by a Building
Official.
305
NOTICE ON TITLE
1. Upon payment of the Administrative Charge as specified in the Fees and Charges
Bylaw, an owner of land with respect to which a 'Notice on Title' has been filed
pursuant to Section 57 of the Community Charter may apply to the Building Inspection
Department for a report concerning the cancellation of the Notice as provided in
Section 58 of the Community Charter.
Page 13
City of Enderby Building Inspection Bylaw
SECTION FOUR - BUILDING OFFICIALS
401
The Chief Administrative Officer and the Chief Building Inspector shall administer this
Bylaw.
402
Building Officials:
1. shall keep records of any applications; permits, and notices issued; inspections and
tests made; and shall retain copies of all documents related to the administration of
this Bylaw for a period as may be established by City policy from time to time;
2. may, if requested to do so and upon payment of the Evaluation Fee specified in the
Fees and Charges Bylaw, review evidence to consider whether new or alternative
types of materials, products or methods of construction used in the construction of a
building or structure substantially conform to the requirements of the Building Code;
3. may undertake an equivalency evaluation to determine the suitability and if
appropriate, approve the use of equivalent materials, appliances, systems, equipment,
methods of design and construction procedures under the terms and conditions as
specified in the Building Code;
4. may determine the compliance of an application with this Bylaw, the Building Code,
the Local Government Act, the Community Charter, the Architects Act (1713A)
Architects Regulation (1769) or any other applicable bylaw enacted by the City or
Provincial statute;
5. may enter any land, building or premises at any reasonable time for the purpose of
ascertaining that the terms of this Bylaw are being observed;
6. shall, where any residence is occupied, obtain the consent of the occupant or provide
written notice to the occupant 24 hours in advance of entry;
7. shall carry credentials confirming his or her status as a Building Official;
8. may order the correction of any work that is being or has been done in contravention
of the Building Code, this Bylaw or any permit issued pursuant to this Bylaw; and
9. may issue or refuse to issue a permit, notice or certificate as outlined in this Bylaw;
under terms as outlined in this Bylaw, the Building Code, the Local Government Act,
the Community Charter, the Architects Act (1713A) Architects Regulation (1769)
or any other applicable bylaw enacted by a City or Provincial statute.
10. may require the owner to retain an independent qualified professional to certify
the total costs of construction prior to final inspection or any occupancy of the
building and, if the certified total cost of construction exceeds the value used
for the Building Permit fee, the difference will be recalculated and owing to the
City as the extra value of construction. (1734)
Page 14
SECTION FIVE - RESPONSIBILITIES OF THE OWNER
501
Every owner:
1. shall ensure that all work in respect of which a permit has been issued complies with
the permit, the Building Code, this Bylaw and all other applicable codes, standards
and enactments respecting safety;
2. to whom a permit is issued pursuant to this Bylaw, shall be responsible for the cost of
repair of any damage to public works or public property that occurs in the course of
construction works;
3. shall allow a Building Official to enter the property at any reasonable time or times for
the purpose of administering or enforcing this Bylaw;
4. shall immediately stop work on a building or structure in respect to which a Building
Official has posted a 'Stop Work Order' notice;
5. shall obtain from a Building Official written permission to resume construction that has
been suspended by a 'Stop Work Order' notice;
6. shall immediately vacate the building or portion of a building in respect to which a
Building Official has posted a 'Do Not Occupy' notice;
7. shall obtain from a Building Official written permission to resume occupancy of a
building after the issuance of a 'Do Not Occupy' notice;
8. before the commencement of any on-site construction work, shall obtain:
a. a permit as specified in Sections 601.1, 1001.1 and 1101.1 of this Bylaw,
b. a permit as specified in this Bylaw relating to a proposed change in the Class of
Occupancy of an existing building or part of it,
c. any other permit or approval as required in this Bylaw in connection with the
proposed work;
9. shall obtain an inspection and approval of the construction works as indicated on a
permit or as provided in Section Nine of this Bylaw;
10. to whom a building permit is issued, shall obtain from a Building Official an Occupancy
Permit as provided in this Bylaw;
11. to whom a permit is issued, shall during construction keep a copy of the approved
designs, plans and specifications on the property; keep the permit posted in a
conspicuous place on the property; and post the civic address on the property in a
location that is readable from the frontage public road.
Page 15
SECTION SIX - GENERAL PROVISIONS FOR BUILDING PERMIT
APPLICATIONS
601
GENERAL PROVISIONS
1. Every owner shall apply for and obtain a permit before:
a. constructing, or undertaking structural repair or alteration of a building or structure
related to the inspections undertaken pursuant to this Bylaw as outlined in Section
Nine;
b. installing plumbing systems related to the inspections undertaken pursuant to this
Bylaw as outlined in Section Nine;
c. constructing a new masonry chimney, installing a new metal chimney for a solid
fuel burning appliance or installing a new solid fuel burning appliance; or
d. constructing works on a property to which a building or manufactured home is to
be moved.
2. Each building or structure to be constructed on a parcel requires a separate application
for a permit and shall be assessed a separate application fee as determined in
accordance with the Fees and Charges Bylaw. The Application Fee is non-refundable.
3. An application for a permit for a building or structure shall expire six months after the
application date if any requested documents, professional certificates or approvals
have not been submitted; or after notification to the Owner that a permit is issuable
and the permit fee has not been paid. A Building Official may destroy any material
that has not been retrieved by the applicant if the application has expired.
602
APPLICATION EXEMPTIONS
1. Except as required to meet specifications of the Building Code, a Building Official may
waive information requirements specified for an application for a permit for a building
or structure where the size, simplicity or details of the proposed construction can be
adequately evaluated without such information.
2. An application for a permit for an accessory building may be submitted with only a Site
Plan and two sets of Construction Plans consisting of a Foundation Plan, two Building
Elevations and one Cross Section Drawing; all as detailed in this Section.
3. An application for the structural repair of a building or structure, the installation of a
chimney or the construction of a structure may be submitted with a Site Plan and only
those Construction Plans relevant to the proposed works; all as detailed and at the
scale specified in this Section.
4. An application to accompany a Moving Permit Application may be submitted with only
those Construction Plans relevant to the reconstruction at the new building site.
5. General exemptions from all regulations of this Bylaw are provided in Section 105.2 of
this Bylaw.
Page 16
603
MANUFACTURED HOMES
1. An application for the installation of a manufactured home that does not comply with
the construction standard specified by the City or the Building Code shall include the
following reports and plan confirming that the manufactured home substantially
complies with or is equivalent to following codes or standards.
a. A report from a Registered Professional which states that the manufactured home
substantially complies with the current Structural Design requirements of the
Building Code.
b. A report from a licensed tradesperson or the Electrical Safety Officer that the
manufactured home substantially complies with the Canadian Electrical Code.
c. A report from a licensed tradesperson or the Gas Safety Officer that manufactured
home substantially complies with the Natural Gas and Propane Installation Code.
d. A floor plan showing room and building egress, electrical smoke alarm(s)
installation and solid fuel burning appliance(s) installation to substantially comply
with the Building Code.
604
PROFESSIONAL DESIGN AND FIELD REVIEW
1. Where a Building Official considers that the site conditions or the size or complexity of
the development or an aspect of the development warrants, a Building Official may
require an owner to provide a design, certification or a field review from a Registered
Professional, supported by Letters of Assurance as outlined in the Building Code, that
the plans submitted with the application for a permit, or specified aspects of those
plans, comply with this Bylaw, the Building Code and other applicable enactments
respecting safety; and
Where Letters of Assurance are provided, the Registered Professional shall also
provide a report on professional liability insurance to the Building Official in the form
provided by the City.
2. Building Officials may require certification from a Registered Professional for any
construction work that has been covered prior to inspection by the Building Official.
3. Where a Building Official considers that siting circumstances warrant or the size or
complexity of the development or an aspect of the development warrants, a Building
Official may require an owner to provide a plan of the development area prepared by
a Registered Professional or practising registered BC Land Surveyor showing:
a. site servicing plans and profiles including off-site works;
b. cross section drawings through the subject parcel showing grades, existing and
proposed buildings, parking areas and driveways; and
c. any other information as may be necessary to establish substantial compliance
with this Bylaw, the Building Code or any other applicable bylaw enacted by the
City or Provincial statute.
Page 17
605
CLIMATE DATA
1. The climatic values for the design of buildings in the City are specified in Schedule "A"
to this Bylaw.
2. In the absence of a climate value in Schedule "A", the climate values shall be in
conformance with those values specified in the Building Code or as may be determined
by a Building Official.
606
WATER METERS
1. Where a water connection is made to the City's Community Water System, the owner
shall install a water meter appliance on the water service line up-stream of all
connections in accordance with the City of Enderby Watering and Sprinkling
Regulation Bylaw No. 1468, 2010 as amended from time to time.
607
EVIDENCE OF POTABLE WATER SUPPLY
1. Evidence of potable water supply shall be submitted with an application for a permit
for a building or structure where the occupancy of which requires a supply of potable
water.
2. Where an application for a permit for a building or structure is submitted to replace an
existing legally constructed building or structure using an existing source of potable
water, a Building Official may waive the requirements to provide evidence of potable
water supply.
3. Where a potable water supply is not located on the subject property, the applicant shall
provide evidence of a registered easement to access the water supply if located on
private land; or an access license, permit or lease if located on Crown land.
4. Community Water System
a. Where a proposed building or structure is located where a Community Water
System is available, evidence of potable water supply shall include written
confirmation from the City that potable water will be supplied by the Community
Water System.
5. On-Site Water System
a. Where a Community Water System is not available, evidence of potable water
supply shall include:
i.
a water license or written assurance that a water license will be issued, from
the Provincial authority having jurisdiction for a minimum quantity of 2,273 litres
(500 Imperial Gallons) per day for each dwelling unit.
b. Where a well has existed for a period of one year or more, a Building Official may,
except where he has knowledge that the well will not meet the water supply
requirements outlined in this Bylaw, waive the requirement for evidence of potable
water supply providing that a covenant is registered which gives notice that a
potable water supply report was not filed with the City and including a save-
harmless indemnification clause in favour of the City.
Page 18
6. Cistern Water System
a. Where an applicant cannot produce evidence of a potable water supply as outlined
in this Bylaw, a Building Official may accept a Cistern Water System as equivalent
evidence of potable water supply provided that:
i.
the cistern system and all its components shall be designed by a Registered
Professional;
ii. the service area for the cistern system is restricted to the subject property; and,
iii. a covenant is registered in favour of the City on the subject parcel which
covenant:
a. prohibits the use of the property for uses requiring a supply of potable
water unless the Owner ensures that the water quality meets the
regulations of the Drinking Water Protection Act and maintains the cistern
water system in good repair at all times,
b. prohibits subdivision of the parcel until such time as a potable water supply
is provided meeting the standards of the City Subdivision Servicing Bylaw,
and
c. indemnifies the City, its officers, directors and employees in respect of any
breach of the covenant.
b. Where an applicant has submitted an application for a permit for a building or
structure for a 'Civic Use' and cannot produce evidence of a potable water supply
as outlined in this Bylaw, a Building Official may accept a Cistern Water System
as equivalent evidence of potable water supply provided that approval has been
obtained from the authority having jurisdiction for the installation and use of a
cistern system as evidence of a potable water supply for such 'Civic Use' and
approved the design and specifications of such a cistern system.
608
SEWAGE DISPOSAL
1. A Sewage Disposal Permit shall be submitted with an application for a permit for:
a. a building or structure, the occupancy of which will generate sewage; and
b. additions or alterations to an existing residential building or structure served by an
existing sewage disposal system installed pursuant to the authority having
jurisdiction, the occupancy of which will generate an increase in sewage.
2. A Sewage Disposal Permit shall mean:
a. written confirmation from a Community Sanitary Sewage System utility that the
proposed building will be permitted to connect to the Community Sewer System;
b. where a Community Sanitary Sewage System is not available, a Record of
Sewerage System from the authority having jurisdiction; or
c. a Holding Tank Sewage Disposal Permit has been issued.
Page 19
609
CONSTRUCTION PLANS
1. Construction Plans shall be submitted with an application for a permit for a building or
structure.
2. Construction Plans shall be submitted in duplicate at a scale of 1:50 (1/4" = 1.0')
indicating the nature and extent of the work in sufficient detail to establish conformance
with the Building Code and the siting, height and site coverage regulations in the
Zoning Bylaw and including:
a. a Foundation Plan showing building dimensions, footings, foundation walls and
chimney footings;
b. a Basement Plan showing the columns, beams, bearing walls, partition walls,
doors, windows, stairs, rough-in plumbing, water/sewer service lines, floor drains
and clean-outs; and the location of water heater, heating, air conditioning and
ventilating equipment;
c. Floor Plans showing the dimensions and use of every room area; dimensions and
height of crawl and roof spaces; location, size and swing of doors; location size
and opening of windows; location and description of all plumbing works and
fixtures; location and dimensions of all stairs; location and structural details of all
fireplaces; structural details and the thickness of all walls; and the finishing
treatment for all floors, walls and ceilings;
d. Framing Plans showing floor joists, trusses, rafters, beams and other structural
elements;
e. Building Elevations for each side showing the height of the building, finished grade,
roof slopes, exterior finishes, doors, windows and other design features; and
f. Cross Section Drawings (at least two) showing the existing and finished grades;
entire roof, floor and wall systems; foundation walls and footings; and location of
draintiles.
3. Construction Plans submitted shall bear the name and address of the designer of the
building or structure.
610
ROOF AND FOUNDATION DRAINAGE PLAN
1. A Roof and Foundation Drainage Plan shall be submitted with an application for a
permit for a building or structure.
2. A Roof and Foundation Drainage Plan shall be submitted in duplicate at a scale of
1:200 (1/16" = 1.0') showing lot dimensions and the location of draintiles, drywells,
storm sewer connections, culverts, manholes and cleanouts.
3. For properties outside a 'Residential', 'Commercial' or 'Industrial' zone as specified in
the Zoning Bylaw, a Building Official may waive the requirement to provide a Roof and
Foundation Drainage Plan.
4. The Roof and Foundation Drainage Plan shall demonstrate that:
Page 20
a. driveways, walkways, terraces, retaining walls, landscaping or any other structure
will not obstruct the flow of drainage water; and
b. where drainage water would likely enter a garage, carport, porch or basement
entrance below ground level, that adequate catch basin or floor drain(s) will be
installed and directed to a designated stormwater disposal location.
611
SITE PLAN
1. A Site Plan shall be submitted with an application for permit for a building or structure.
2. A Site Plan should be submitted in duplicate at a scale of 1:200 (1/16" = 1.0') showing:
a. legal description and civic address of the parcel together with lot dimensions taken
from the registered subdivision plan or equivalent information;
b. measurements for the location of any existing and proposed buildings or structures
relative to:
i.
property lines in proximity to these buildings or structures,
ii. the natural boundary of any watercourses within 30 metres to these buildings
or structures whether on the subject parcel or on any adjacent land, and
iii. all statutory rights-of-way or easements on the subject parcel;
c. the location of the frontage road, driveways and other roadways including the
gradient of existing and proposed driveways to access any proposed dwelling;
d. the gradient of the subject parcel as required to determine the height of any
proposed building or structure relative to the maximum height permitted in the
Zoning Bylaw;
e. the location of any septic tank and the means to access the septic tank for
servicing; and
f. the location of any septic drainfields, domestic water sources or water and sewer
servicing lines.
612
SURVEY CERTIFICATE REQUIRED
1. The owner shall confirm that every building or structure, or addition to a building or
structure, meets the siting and height regulations specified in the Zoning Bylaw by
providing a Survey Certificate.
2. A Survey Certificate shall be prepared by a practising registered BC Land Surveyor.
3. A Building Official may issue a 'Stop Work Order' notice if a Survey Certificate has not
been provided.
4. The Survey Certificate shall be provided upon completion of the foundation wall forms
but before the concrete foundation is poured or upon completion of the preserved
wood or masonry foundation.
5. A Survey Certificate shall include:
Page 21
a. the location and dimensions of the foundation wall forms of the new building or
structure relative to property lines, watercourses or other buildings;
b. the location and dimensions of all statutory rights-of-way or easements;
c. the location, dimension and gradient of driveways and parking areas; and
d. the top elevation of the foundation wall of the new building or structure and the
elevation of either:
i.
the midpoint of the rear property line in the case of a parcel which slopes uphill
from the public road providing access, or
ii. the centre line of the road opposite the midpoint of the front property line in the
case of a parcel that slopes downhill from the public road providing access.
6. A Building Official may waive the requirement for a Survey Certificate if:
a. a Building Official is satisfied with the accuracy of the Site Plan and the elevations
of the building or structure as submitted with an application;
b. a Building Official will not require elevation information to establish the height of
the building or structure; and
c. the Site Plan submitted with the application shows:
i.
side yard setbacks of at least 200% of the minimum side yard setback
requirement specified in the Zoning Bylaw,
ii. front and rear yard setbacks of at least 125% of the minimum setback
requirement specified in the Zoning Bylaw, and
iii. no watercourse within 30 metres of the building or structure.
613
ENERGY CONSERVATION AND GHG EMISSION REDUCTION (1734)
1. In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the City incorporates by reference the British Columbia Energy Step
Code in accordance with subsections 2 and 3. (1734)
2. All new Buildings regulated by Part 9 or Part 3 of the Building Code must be
designed and constructed to meet the minimum performance requirements
specified in Step One of the BC Energy Step Code for any permit application
received on or after January 3, 2022 in the Building Code (1769). (1734)
3. All construction that is subject to subsection 2 must include a Building Energy
Label posted prior to issuance of an occupancy permit. (1734)
4. Any Energy Advisor providing the required documentation set out in the BC
Energy Step Code must provide evidence to the Building Official that they are
an Energy Advisor registered and in good standing with Natural Resources
Canada. (1734)
Page 22
SECTION SEVEN - SPECIFIC PROVISIONS FOR BUILDING PERMIT
APPLICATIONS
701
APPLICATION FOR A SIMPLE BUILDING OR A STRUCTURE
1. An application for a permit for a simple building or a structure shall be made in the
form provided by the City and signed by the owner all property owners (1782), or a
signing officer if the owner is a corporation.
2. In addition to the requirements for an application for a permit for a simple building or a
structure as described herein, a Building Official may require a professional design
and field review as outlined in Section 604.1 of this Bylaw.
3. An application for a permit for a simple building or a structure shall include:
a. supplementary contractor information in the form provided by the City;
b. owner's acknowledgement of responsibility and undertakings made in the form
prescribed by the City, signed by the owner, or a signing officer if the owner is a
corporation;
c. confirmation of compliance with the Homeowner Protection Act as applicable;
d. a copy of a title search made within 30 days of the date of application;
e. any required highway access permit issued by the Ministry of Transportation and
Infrastructure; and
f. any other documents and plans required in Section Six of this Bylaw.
702
SPECIFIC REQUIREMENTS FOR STRUCTURES
1. In general, an application for a permit for a structure shall include only construction
plans as outlined in Section 609.1 of this Bylaw.
2. Retaining Structure
a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this
Bylaw, an application for a permit for a retaining structure greater than 1.2 metres
in height shall:
i.
require a professional design and field review by a Registered Professional
including the submission of Letters of Assurance and proof of professional
liability insurance as outlined in Section 604.1 of this Bylaw prior to an
Occupancy Permit being issued by a Building Official; and
ii. include provisions for a guardrail in accordance with the provisions of the
Building Code.
Page 23
3. Swimming Pool
a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this
Bylaw, an application for a permit for a swimming pool shall include provisions for:
i.
an enclosed fence not less than 1.2 metres in height with no openings greater
than 100mm and so designed that members, attachments or openings will not
facilitate climbing;
ii. a self-closing gate so designed and installed as to cause the gate to return to
a locked position automatically; and
iii. pressure reducing valves and a backflow prevention device to be installed in
accordance with the requirements of the Building Code.
4. Sign
a. In addition to the provisions of Section 701.2 of this Bylaw, an application for a
permit for a sign structure shall be made in the form provided by the City and
signed by the owner, or a signing officer if the owner is a corporation.
703
APPLICATION FOR A COMPLEX BUILDING
1. An application for a permit for a complex building shall be made in the form provided
by the City and signed by the owner all property owners (1782), or a signing officer
if the owner is a corporation.
2. An application for a permit for a complex building shall be accompanied by:
a. supplementary contractor information in the form provided by the City;
b. the owner's acknowledgement of responsibility and undertakings made in the form
provided by the City, signed by the owner, or a signing officer if the owner is a
corporation;
c. confirmation of compliance with the Homeowner Protection Act as applicable;
d. Letter of Assurance in the form of Schedule A to Part 2 of the Building Code signed
by the owner, or a signing officer if the owner is a corporation, and the Coordinating
Registered Professional;
e. Letters of Assurance in the form of Schedule B to Part 2 of the Building Code each
signed by such Registered Professionals as a Building Official or the Building Code
may require, to address the design and field reviews for the construction of the
proposed building;
f. proof of professional liability insurance in the form provided by the City;
g. a copy of a title search made within 30 days of the date of application;
h. any required highway access permit issued by the Ministry of Transportation and
Infrastructure; and
i.
any other documents and plans required in Section Six of this Bylaw.
704
LIQUOR LICENSE OCCUPANT LOAD CALCULATION
1. An application for a Liquor License Occupant Load Calculation shall be
accompanied by:
a.
A signed application form from the owner(s) of the liquor license
establishment or a signing officer if the owner is a corporation;
Page 24
b. Two sets of detailed floor plans (full size, ¼" = 1 foot scale) showing all
washrooms, exits, seating, fixtures and furniture; and
c.
Payment as specified in the Fees and Charges Bylaw. (1782)
Page 25
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS
801
BUILDING PERMIT
1. Neither the issuance of a Building 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 Building Code or this
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 actions as
establishing compliance with the Building Code or this Bylaw or any standard of
construction.
2. When:
a. a completed application in compliance with Section Seven of this Bylaw including
all required supporting documentation has been submitted;
b. a Building Official has determined that health and safety aspects of the works are
in compliance with this Bylaw, the Building Code, the Local Government Act and
any other applicable bylaw of the City or Provincial statute;
c. the owner or representative has paid all applicable fees as specified in the Fees
and Charges Bylaw including any penalty as outlined in Section 303.3 or any
surcharge as outlined in Section 802.2 of this Bylaw;
d. the owner or representative has paid all charges and met all requirements imposed
by any other statute or bylaw in respect of the issuance of a building permit;
e. evidence has been provided that the proposed construction complies with the
Homeowner Protection Act as applicable; and
f. no covenant, agreement, resolution or regulation of the City authorizes the permit
to be withheld;
a Building Official may issue a Building Permit for which the application is made in the
form provided by the City.
3. The Building Permit period is valid for two years from the date the permit is granted
unless the permit expires or is revoked.
4. A valid and subsisting Building Permit that was issued under Regional District of North
Okanagan Building Bylaw No. 1747, 2003 and all amendments thereto, before the
repeal of that bylaw, is deemed to be a Building Permit issued under this Bylaw and
remains valid until its expiration date unless earlier surrendered, suspended or
cancelled.
802
BUILDING PERMIT FEES
1. Building Permit Fees shall be determined in accordance with the Fees and Charges
Bylaw.
2. A Building Official may, except for the Application Fee and subject to an Administrative
Charge set in accordance with the Fees and Charges Bylaw, refund the fees paid for
a Building Permit upon receipt of a written request for cancellation of the permit within
one year of the issuance of the permit provided construction has not begun.
Page 26
3. When a Building Permit is issued in accordance with Section 803.1 of this Bylaw, the
Building Permit Fee shall be reduced by 5% of the fee payable as specified in the Fees
and Charges Bylaw, up to a maximum of $500.00.
4. When a Building Permit is issued in accordance with Section 803.3 of this Bylaw, the
Building Permit Fee shall be reduced by 20% of the fee payable as specified in the
Fees and Charges Bylaw.
803
PROFESSIONAL PLAN CERTIFICATION AND PERMIT
1. Letters of Assurance in the form of Schedule B to Part 2 of the Building Code provided
pursuant to this Bylaw are relied upon by the City and its Building Officials in the
issuance of a Building Permit 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. This Section applies to Building Permits where a
registered professional is involved in the construction process.
2. A Building Permit issued for the construction of a Complex Building, or for a building
or structure for which a Building Official required professional design pursuant to
Section 604.1 of this Bylaw, shall include a notice to the owner concerning the reliance
upon the certification of the Registered Professionals, in the form provided by the City.
3. Confirmation of Commitment by Owner and Coordinating Registered Professional in
the form of Schedule A to Part 2 of the Building Code provided pursuant to this Bylaw
are relied upon by the City and its Building Officials in the issuance of a Building Permit
as certification that the design and plans, to which the confirmation relate, comply with
the Building Code and other applicable enactments relating to safety. This Section
applies to Building Permits where there is a Coordinating Registered Professional
involved in the construction process.
804
PHASED BUILDING PERMIT
1. A Building Official may issue a Building Permit for construction of a phase of a building
or structure before the entire plans and specifications have been submitted or
approved, provided sufficient information has been submitted showing that the building
phase is in substantial compliance with the Building Code, this Bylaw or other
applicable bylaws or regulations and the permit fee for that portion of the building or
structure has been paid. The remainder of the building or development shall conform
to those regulations as if a Building Permit has not been issued.
805
BUILDING PERMIT EXPIRED
1. A Building Permit expires if:
a. construction has not commenced within one year of the date of permit issuance;
b. an Occupancy Permit has not been issued within the valid Building Permit period
or within any renewal period authorized by a Building Official;
c. the work associated with a structure, other than a building, has not been approved
to the Final Inspection stage within the valid Building Permit period or within any
renewal period authorized by a Building Official;
d. construction has been discontinued for a period of one year;
e. a Building Official has revoked the Building Permit as provided in this Bylaw; or
f. the owner or representative has requested that the Building Permit be cancelled.
Page 27
2. Except as provided in Section 802.3, no fees shall be returned where a Building Permit
has expired. (1734)
2. Except as provided in Section 802.2, no fees shall be returned where a Building
Permit has expired. (1734)
806
BUILDING PERMIT REVOKED
1. A Building Official may, upon written notification to an applicant, revoke a Building
Permit issued under this Bylaw where:
a. the permit was issued in error;
b. an approval issued by another authority, on the basis of which a permit was issued
under this Bylaw, is withdrawn by that authority;
c. notification of a successful appeal has been received by the City pursuant to the
authority having jurisdiction concerning the issuance of a Sewage Disposal Permit
for the subject building;
d. the permit was issued of the basis of incorrect information provided by the owner,
representative or a Registered Professional; or
e. there is a violation of this Bylaw, the Building Code, the Local Government Act, or
any other Provincial statute or bylaw enacted by the City.
2. No fees will be returned where a Building Permit has been revoked.
807
BUILDING PERMIT RENEWAL
1. Where a Building Permit has expired and the owner wishes to have the permit
reissued, the owner must submit a new application, including a new Application Fee,
including all documents and permits as prescribed in Sections Six and Seven of this
Bylaw. (1734)
1. Where a Building Permit has expired and the owner wishes to have the permit
reissued, the owner must submit a new application, including a new Application
Fee, including all documents and permits as prescribed in Sections Six and
Seven of this Bylaw. The fee for a permit to complete work previously authorized
by permit which has expired shall be based on the cost of work remaining to be
completed. (1734)
2. Where an application is received pursuant to Section 807.1 and where the information
submitted with the new application has not changed substantively from the original
application, a Building Official may issue a new Building Permit pursuant to all the
terms and conditions of this Bylaw, except that the Building Permit Fees prescribed in
the Fees and Charges Bylaw shall not apply. (1734)
2. Where a Building Permit has not expired or been revoked and upon written request, a
Building Official may extend the term of the Building Permit for one renewal period of
one year upon any terms and conditions specified by the Building Official. (1734)
3. Where construction has not commenced or has been discontinued due to adverse
weather, strikes, material or labour shortages or similar hardship beyond the owner's
control, a Building Official may extend the valid Building Permit period for one renewal
period of one year upon any terms and conditions specified by the Building Official.
(1734)
Page 28
3. Where construction has not commenced or has been discontinued due to
adverse weather, strikes, material or labour shortages or similar hardship
beyond the owner's control, a Building Official may extend the valid Building
Permit period upon any terms and conditions specified by the Building Official.
(1734)
4. Where a Building Permit has been revoked and the owner wishes to have the permit
reissued, the owner shall submit a new application, including a new Application Fee,
including all documents and permits as prescribed in Sections Six and Seven of this
Bylaw. (1734)
808
OCCUPANCY PERMIT REQUIRED
1. Except as provided in this Bylaw, an Occupancy Permit is required prior to occupancy
of any building or structure for which a Building Permit is required under this Bylaw
and it is the responsibility of the owner to obtain an Occupancy Permit after the building
or structure is complete and ready for occupancy, but before any occupancy.
2. Prior to the issuance of an Occupancy Permit for:
a. a complex building, or for a building or structure for which a Building Official
required professional design pursuant to Section 604.1 of this Bylaw, the owner
shall provide Letters of Assurance in the form of Schedules C-A and C-B to Part 2
in the Building Code each signed by the Co-Ordinating Registered Professional
and Registered Professionals as the Building Code may require;
b. a building or structure which will generate sewage, the owner shall provide to the
Building Official a Record of Sewerage System a Sewerage System Letter of
Certification (1713A) pursuant to the authority having jurisdiction for a sewerage
system, or a confirmation of acceptable connection to a Community Sanitary
Sewage System from the City.
3. Where a Building Official has indicated on final inspection that the construction work
is acceptable, the Building Official may issue an Occupancy Permit in the form
provided by the City.
4. A Building Official may issue an Occupancy Permit for part of a building when part of
the building is self-contained and complies with the requirements of this Bylaw, the
Building Code, the Local Government Act, the Community Charter, or any other
Provincial statute or bylaw enacted by the City.
809
PROVISIONAL OCCUPANCY PERMIT
1. A Building Official may issue a Provisional Occupancy Permit in the form provided by
the City where the construction of a building or structure has substantially been
completed and where the health and safety requirements of this Bylaw and the
Building Code have been met.
2. The owner shall pay the Provisional Occupancy Permit fee as specified in the Fees
and Charges Bylaw before the issuance of the permit.
3. The Provisional Occupancy Permit is valid for 90 days from the date the permit is
issued.
Page 29
4. A Building Official may extend the term of the Provisional Occupancy Permit for an
additional 90 days upon any terms and conditions specified by the Building Official.
Page 30
SECTION NINE - BUILDING INSPECTIONS
901
COMPLEX BUILDINGS
1. When a Registered Professional provides Letters of Assurance for the construction of
a complex building, or for a building or structure for which a Building Official required
professional design and Letters of Assurance pursuant to Section 604.1 of this Bylaw,
the City will rely solely on field reviews undertaken by the Registered Professional and
the Letters of Assurance as certification that the construction substantially conforms
to the approved design, plans and specifications and that the construction complies
with the Building Code, this Bylaw and other applicable enactments respecting safety.
2. A Building Official may attend the construction 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.
902
SIMPLE BUILDINGS OR STRUCTURES
1. A Building Official may attend periodically at the site of the construction of simple
buildings or structures to ascertain whether the health and safety aspects of the work
are being carried out in substantial conformance with the health and safety
requirements of the Building Code, this Bylaw and any other applicable enactments
concerning safety.
903
INSPECTIONS REQUIRED
1. The owner or representative shall give at least two clear working days' notice to the
Building Official when requesting an inspection.
2. The owner or representative shall obtain an inspection and receive a Building Official's
acceptance of the work as indicated on the Building Permit or at each of the following
aspects of the work prior to concealing them:
a. "Footing Forms Inspection" after completion of the footing forms; but before
pouring concrete for the footings.
b. "Foundation Forms Inspection" after completion of the footings and the foundation
forms; but before pouring concrete for the foundation.
c. "Pre-Backfill Inspection" after damp-proofing foundations and the installation of
perimeter drains with connections to the designated stormwater disposal location;
but before backfilling the foundation or covering drainage works.
d. "Plumbing Below-Grade Inspection" after installation of the water and sewer
service lines, and any other below-grade plumbing works; but before backfilling
excavations.
e. "Under Slab Preparation Inspection" after the foundation is complete; but before
pouring the concrete slab.
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f. "Plumbing Above-Grade Inspection" after completion of the rough-in plumbing and
the tests required by the Building Code have been satisfactorily completed; but
before covering with insulation, vapour barrier or wall coverings.
f.1 "Infloor Heating Inspection" after completion of under slab preparation, but
before pouring of concrete topping or slab. (1734)
g. "Framing Inspection" after completion of framing, sheathing, stairs, chimney,
fireplace, plumbing, electrical, heating, ventilation and installation of windows,
exterior doors and roofing; but before installing insulation and vapour barrier that
would conceal the framing works.
h. "Insulation and Vapour Barrier Inspection" after the Plumbing Above-Grade
Inspection and the insulation and vapour barrier have been installed; but before
wall coverings are installed.
i.
"Final Inspection" when the building or structure or part thereof is complete,
including grading around the building or structure, the installation of surface
drainage works and confirmation that any water meter appliance (if necessary) is
in operating condition, and the building or structure is ready for use or occupancy;
but before use or occupancy takes place of the whole or part of the building or
structure.
3. For accessory and agricultural buildings which are up to 110 m2 in size and do not
contain plumbing, the required inspections are as follows:
a. Footings and Forms
b. Framing
c. Final Occupancy
4. No aspect of the work referred to in Section 903.2 of this Bylaw shall be covered until
a Building Official has indicated acceptance in writing.
5. Notwithstanding the requirement for inspections under Sections 903.2 and 903.4 of
this Bylaw, a Building Official may when unable to attend a construction site on the
date requested due to travel distance or time constraints, alternatively determine on
the basis of information provided by the contractor whether the work may proceed
despite Section 903.4 and require that photographs of the work be taken prior to the
work being concealed and these photographs be submitted to the Building Official.
6. Pursuant to Section 903.5, a Building Official may require work to be uncovered if
photographs indicate a problem is likely to create a health or safety hazard.
7. The requirements of Sections 903.2 and 903.4 of this Bylaw do not apply to any aspect
of the work that is the subject of a Registered Professional's Letter of Assurance which
has been provided for the construction of a complex building, or for a building or
structure for which a Building Official required professional design and Letters of
Assurance pursuant to Section 604.1 of this Bylaw.
8. In the event that the Building Official has notified the owner or contractor that additional
inspections are required, it shall be the responsibility of the owner or representative to
request these additional inspections.
Page 32
9. The owner or representative shall, prior to obtaining re-inspection of any work that the
Building Official determines is unacceptable, pay for the Re-Inspection Charge as
specified in the Fees and Charges Bylaw.
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SECTION TEN - DEMOLITION PERMIT AND APPLICATION
1001 APPLICATION
1. No owner shall demolish or cause to be demolished any building or structure without
first obtaining a permit to carry out such demolition.
2. An Application for a Demolition Permit shall be submitted in the form provided by the
City.
1002 EXEMPTIONS
1. This Section does not apply to:
a. structures other than buildings, less than 15.0 metres in height; or
b. accessory buildings that are one storey or less in height provided that there are no
service works connected to the building.
1003 DEMOLITION PERMIT
1. When:
a. a completed application including all required supporting documentation has been
submitted as outlined on the application form provided by the City;
b. a Building Official has determined that the proposed demolition works are in
compliance with this Bylaw, the Building Code, the Local Government Act and any
other applicable bylaw of the City or Provincial statute;
c. the owner or representative has paid all applicable fees as specified in the Fees
and Charges Bylaw including any penalty as outlined in Section 303.3;
d. the owner or representative has paid all charges and met all requirements imposed
by any other statute or bylaw in respect of the issuance of a demolition permit; and
e. no covenant, agreement, resolution or regulation of the City authorizes the permit
to be withheld;
a Building Official may issue a permit for which the application is made in the form
provided by the City.
2. A permit for demolition shall be valid for one year from the date of issuance of the
permit after which the permit expires.
3. A Building Official may withhold a permit for a demolition where:
a. the building or structure is protected heritage property, is subject to temporary
heritage protection or is identified in a community heritage registry pursuant to the
Heritage Conservation Act or the Local Government Act; or
b. in the case of a residence, the building is occupied.
1004 DEMOLITION DEPOSIT
1. An applicant for a permit for a demolition shall pay the Demolition Deposit as specified
in the Fees and Charges Bylaw before the issuance of the permit to ensure the work
is completed and the site is rehabilitated.
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2. Where a building or structure is demolished under a permit, and where:
a. the property is rehabilitated to a tidy and safe condition;
b. all waste debris has been removed;
c. any septic tank or other underground storage facility has been removed; and
d. any barricade or covered way has been dismantled;
the Building Official shall return the Demolition Deposit to the applicant.
3. Where a Demolition Deposit is returned to the applicant, any interest earned upon the
security shall accrue to the applicant.
4. Where a permit for a demolition has expired and the demolition and works referred to
in Section 1004.2 have not been completed, the City may utilize the Demolition Deposit
to complete the works.
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SECTION ELEVEN - MOVING PERMIT AND APPLICATION
1101 APPLICATION
1. Where the moving of buildings is permitted in the City, no person shall move or cause
to be moved any building without first obtaining a permit to carry out such a move as
well as a Building Permit for construction works on the property to which the subject
building is to be moved.
2. An Application for a Moving Permit shall be submitted in the form provided by the City.
3. A Building Permit Application shall be submitted in the form provided by the City for
the construction works on the property to which the subject building is to be moved.
1102 EXCEPTIONS
1. This Section does not apply to the moving of manufactured homes or accessory
buildings.
1103 MOVING PERMIT
1. When:
a. a completed application including all required supporting documentation has been
submitted as outlined on the application form provided by the City;
b. a Building Official has determined that any proposed works are in compliance with
this Bylaw, the Building Code, the Local Government Act or any other applicable
bylaw of the City or Provincial statute;
c. the owner or representative has paid all applicable fees as specified in the Fees
and Charges Bylaw including any penalty as outlined in Section 303.3;
d. the owner or representative has paid all charges and met all requirements imposed
by any other statute or bylaw in respect to the moving of buildings; and
e. no covenant, agreement, resolution or regulation of the City authorizes the permit
to be withheld;
a Building Official may issue a permit for which the application is made in the form
provided by the City.
2. A permit for moving a building shall be valid for two years from the date of issuance of
the permit after which the permit expires.
3. Building Officials shall refuse a permit for moving a dwelling where:
a. the appraised value of the building after the move as indicated in the Appraisal
Report as outlined on the application form provided by the City, is less than:
i.
1.25 times of the average appraised value of all the dwellings situated on
parcels which are wholly or partially enclosed by lines drawn parallel to and
perpendicularly distant 100.0 metres from the boundaries of the parcel to which
the building is to be moved; or
b. the floor area of the building to be moved is less than the minimum floor area
specified in the Zoning Bylaw for the property to which it is to be moved.
1104 MOVING DEPOSIT
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1. An applicant for a permit shall pay the Moving Deposit as specified in the Fees and
Charges Bylaw before the issuance of a permit to ensure that the building is
rehabilitated and installed according to the permit.
2. Where a building is moved under a permit, and where a Building Official has issued
an Occupancy Permit for the building, the Building Official shall return the Moving
Deposit to the applicant.
3. Where a Moving Deposit is returned to the applicant, any interest earned upon the
security shall accrue to the applicant.
4. Where a permit for moving a building has expired and the works authorized by the
Moving Permit and any associated Building Permit have not be completed, the City
may utilize the Moving Deposit to complete the works.
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SECTION TWELVE - BYLAW REPEAL, READINGS, AND ADOPTION
1201 REPEAL
Not applicable.
1202 EFFECTIVE DATE
This Bylaw shall come into force and take effect on January 1, 2016.
1203 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.
Read a First Time
this
7th
day of
December, 2015
Read a Second Time
this
7th
day of
December , 2015
Read a Third Time
this
7th
day of
December , 2015
ADOPTED
this
21st
day of
December, 2015
Mayor
Chief Administrative Officer
Page 38
SCHEDULE "A" - CLIMATE VALUES
(1782)
Enderby, BC
Latitude: 50 ° 33 ' 1 " N
Longitude: 119 ° 8 ' 23 " W
Elevation (Metres): 357
Design element
Design value
January 2.5% design dry bulb temperature °C
-18
January 1% design dry bulb temperature °C
-22
July 2.5% design dry bulb temperature °C
33
July 2.5% design wet bulb temperature °C
20
Annual total degree days below 18 °C
3,700
Maximum 15 minute rainfall (mm)
13
Maximum one day rainfall (50 years) (mm)
52
Annual rainfall (mm)
360
Annual total precipitation (mm)
510
Moisture Index
0.43
Driving Rain wind pressure 1/5 years (Pa)
80
Ground snow load, snow component Ss (50 years) (kPa)
3.3
Ground snow load, rain component Sr (50 years) (kPa)
0.1
Hourly wind pressure 1/10 years (kPa)
0.29
Hourly wind pressure 1/50 years (kPa)
0.39