Building Bylaw No. 932, 2014 (Office Consolidation, November 13, 2024)
Fort St. James, British Columbia
· No. 932
· adopted 2014-03-12
· summary & facts
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DISTRICT OF FORT ST. JAMES
BUILDING BYLAW NO. 932, 2014
OFFICE CONSOLIDATION
NOVEMBER 13, 2024
This consolidation of District of Fort St. James Building Bylaw No. 932, 2014 is
provided for convenience only. This consolidation has no Council sanction,
amendments have been incorporated for convenience only, and that for all purposes
of interpretation and application the original bylaws should be consulted.
The District of Fort St. James will, in no event, be liable for damages of any kind
arising from the use of this consolidation.
This is not the official version of District of Fort St. James Building Bylaw No. 932,
2014. A copy of the official version may be obtained from the District office or by
contacting us at [email protected].
Bylaw No.
Sections Amended
Council
Meeting
Date
Building Bylaw
Amendment
Bylaw No. 1076,
2024
Amended Section 18.1.1
Ground Snow Load
Added Section 21
Conservation of Energy
Added Section 21.1
2024-11
June 11,
2024
DISTRICT OF FORT ST. JAMES
BUILDING BYLAW NO. 932, 2014
Contents
1.
Administrative Provisions ....................................................................................................... 3
2.
Purpose of Bylaw ................................................................................................................... 3
3.
Building Permit Conditions ..................................................................................................... 3
4.
Definitions ............................................................................................................................ 4
5.
Scope and Exemptions ............................................................................................................ 6
6.
Prohibitions and Requirements ................................................................................................ 7
7.
Powers of a Building Official .................................................................................................. 7
8.
Building Permits .................................................................................................................... 8
9.
Applications for All Buildings and Structures ............................................................................ 9
10. Applications for Complex Buildings ....................................................................................... 11
11. Applications for Standard Buildings ....................................................................................... 12
12. Professional Plan Certification ............................................................................................... 14
13. Demolition of Buildings or Structures..................................................................................... 15
14. Responsibilities of the Owner ................................................................................................ 15
15. Notice of Inspection ............................................................................................................. 16
16. Professional Design and Field Review .................................................................................... 17
17. Occupancy Permits............................................................................................................... 18
18. Climatic Data ...................................................................................................................... 18
19. Stop Work Orders and Do Not Occupy Notices ....................................................................... 18
20. Penalty ............................................................................................................................... 18
SCHEDULE "A" BUILDING PERMIT FEES ............................................................................... 20
SCHEDULE "B" OWNER'S SIGNED AGREEMENT ................................................................... 21
SCHEDULE "C" OWNER'S UNDERTAKING OF BUILDING FOUNDATION ............................. 22
SCHEDULE "D" OWNER'S UNDERTAKING OF BUILDING SITING ......................................... 23
DISTRICT OF FORT ST. JAMES
BUILDING BYLAW NO. 932, 2014
A bylaw to provide for the regulation of building and the requirement for a building permit as a condition precedent
to building within the District of Fort St. James.
The Council of the District of Fort St. James enacts as follows:
1. Administrative Provisions
1.1.
This bylaw may be cited for all purposes as the "District of Fort St. James Building Bylaw No.
932, 2014."
1.2.
Schedules "A" through "D" attached to this bylaw form part of this bylaw.
1.3.
This bylaw applies and is enforceable within the municipal boundaries of the District of Fort St.
James.
1.4.
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.
1.5.
"The District of Fort St. James Building Bylaw No. 731, 2000" as amended is repealed.
2. Purpose of Bylaw
2.1.
This bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with this
section.
2.2.
This bylaw is enacted for the purpose of regulating construction within the District in the general
public interest. The activities undertaken by or on behalf of the District pursuant to this bylaw are
for the sole purpose of providing a limited and interim spot-checking function for reasons of
health, safety and the protection of persons and property and to make the public aware that it is in
their interest to comply with the Building Code and this bylaw. It is not contemplated nor intended,
nor does the purpose of this bylaw extend:
2.2.1.
to the protection or indemnification of owners, owner/builders, contractors or other
persons from economic loss;
2.2.2.
to the assumption by the District of any responsibility for ensuring the compliance by
any owner, an owner's representative, or any employees, contractors, or design
professionals retained by the owner, with the Building Code, the requirements of this
bylaw, or any other applicable, bylaws, codes, standards and enactments;
2.2.3.
to providing any person a warranty of design or workmanship with respect to any
building or structure for which a building permit is issued under this bylaw; and
2.2.4.
to providing a warranty or assurance that construction undertaken pursuant to building
permits issued by the District is free from latent, or any defects.
3. Building Permit Conditions
3.1.
A building permit is required whenever work regulated by this bylaw is to be undertaken.
3.2.
Neither the issuance of a building permit under this bylaw nor the acceptance and/or review of
plans, drawings or specifications and/or supporting documents, nor any inspections made by or on
behalf of the District shall in any way relieve the owner from full and sole responsibility to
perform the work in strict accordance with this bylaw, the Building Code, and all other applicable
bylaws, codes, standards, and enactments.
3.3.
It shall be the full and sole responsibility of the owner to carry out the work in respect of which the
building permit was issued in compliance with the Building Code and this bylaw and all other
applicable bylaws, codes, standards, and enactments.
3.4.
Neither the issuance of a building permit under this bylaw nor the acceptance and/or review of
plans, drawings or specifications and/or supporting documents, nor any inspections made by or on
behalf of the District constitute in any way a representation, warranty, assurance, or statement that
the Building Code, this bylaw, or any other applicable bylaws, codes, standards, or enactments
have been complied with.
3.5.
No person shall rely upon any building permit as establishing compliance with the bylaw or
assume or conclude that the bylaw has been administered or enforced according to its terms. The
person to whom the building permit is issued and his or her agents are responsible for making
such determinations.
4. Definitions
4.1.
In this bylaw
4.1.1.
The following words and terms have the meanings set out in the Building Code:
4.1.1.1
assembly occupancy
4.1.1.2
building
4.1.1.3
building area
4.1.1.4
building height
4.1.1.5
business and personal services occupancy
4.1.1.6
care or detention occupancy
4.1.1.7
coordinating registered professional
4.1.1.8
designer
4.1.1.9
field review
4.1.1.10 high hazard industrial occupancy
4.1.1.11 industrial occupancy
4.1.1.12 low hazard industrial occupancy
4.1.1.13 owner
4.1.1.14 major occupancy
4.1.1.15 mercantile occupancy
4.1.1.16 medium hazard industrial occupancy
4.1.1.17 occupancy
4.1.1.18 registered professional
4.1.1.19 residential occupancy.
4.1.2.
Accepted means in the context of descriptions, plans or specifications, that the
descriptions, plans or specifications have been accepted by the building official as a
condition and part of the building permit with which compliance is required under this
bylaw.
4.1.3.
Agent means a person acting for or on behalf of the owner of land.
4.1.4.
Building Code means the Provincial Building Code for British Columbia, known as the
British Columbia Building Code, as amended from time to time.
4.1.5.
Building Official means the Chief Building Inspector, Building Inspectors and Plan
Checkers appointed or contracted from time to time by the District.
4.1.6.
Building Permit means a permit issued by a Building Official under this bylaw
authorizing construction.
4.1.7.
Complex Building means:
4.1.7.1
all buildings used for major occupancies classified as:
4.1.7.1.1.
assembly occupancies,
4.1.7.1.2.
care or detention occupancies,
4.1.7.1.3.
high hazard industrial occupancies, and
4.1.7.2
all buildings exceeding 600 square metres in building area or exceeding three
storeys in building height used for major occupancies classified as:
4.1.7.2.1.
residential occupancies,
4.1.7.2.2.
business and personal services occupancies,
4.1.7.2.3.
mercantile occupancies, and
4.1.7.2.4.
medium and low hazard industrial occupancies.
4.1.8.
Construction means any erection, repair, alteration, enlargement, addition, installation,
demolition and removal.
4.1.9.
District means the District of Fort St. James.
4.1.10.
Health and safety aspects of the work means design and construction regulated by Part
1, Part 2, Part 3, Part 4, Part 6, Part 7 and sections 9.4, 9.7, 9.8, 9.9, 9.10, 9.12, 9.13,
9.14, 9.15, 9.17, 9.18, 9.19, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.33 9.34, 9.35
and 9.36 of Part 9 and Part 10 of the Building Code.
4.1.11.
Manufactured Home means a building manufactured as a dwelling unit, office or
storage building and intended to be occupied in a place other than that of its
manufacture. This includes factory built housing complying with Canadian Standards
Association Standard A277-M1990, "Procedures for Certification of Factory Built
Houses," and CAN/CSA-Z240 MH Series, "Mobile Homes".
4.1.12.
Person means, in addition to its ordinary meaning, a partnership, association, company,
society and corporation.
4.1.13.
Site means the location of any work carried out under a building permit.
4.1.14.
Standard building means a building of three storeys or less in building height, having a
building area not exceeding 600 square metres and used for major occupancies
classified as:
4.1.14.1 residential occupancies,
4.1.14.2 business and personal services occupancies,
4.1.14.3 mercantile occupancies, or
4.1.14.4 medium and low hazard industrial occupancies.
4.1.15.
Structure means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into the land or water, including retaining structures of any size
directly connected to a building or other structure, and including retaining structures of
a height greater than one metre when not directly connected to a building or other
structure, and specifically excluding all landscaping, fences and paving.
4.1.16.
Temporary means a building or structure intended to be erected or placed on a parcel of
land for 12 months or less.
4.1.17.
Work means the same as construction.
5. Scope and Exemptions
5.1.
This bylaw applies to the design, construction and occupancy of new buildings and structures,
and the alteration, reconstruction, demolition, removal, relocation and occupancy of existing
buildings and structures.
5.2.
This bylaw does not apply to buildings or structures exempted by Part 1 of the Building Code
except as expressly provided herein.
5.3.
This bylaw does not apply to the maintenance or repair of a building that does not fall within the
scope of section 1.1.1.1 of the Building Code.
5.4.
This bylaw does not apply to a building that is used only for storage which has a ground floor area
that is 10 square metres (108 square feet) or less, and is not connected or attached to a building or
structure to which this bylaw applies.
5.5.
This bylaw does not apply to the clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures or hot water tanks.
5.6.
This bylaw does not apply to a deck or patio provided no part of the surface of the deck or patio is
no more than 600 millimetres (2 feet) from finished grade, when measured vertically.
5.7.
This bylaw does not apply to a reusable metal container that was designed for the commercial
transportation of freight or other goods by being mounted on rail cars or a truck, where the
container or containers:
5.7.1.
are not stacked one on another;
5.7.2.
is not structurally modified;
5.7.3.
is not connected or attached to any building or structure to which this bylaw applies;
5.7.4.
does not exceed a floor area of 45 square meters (484 square feet); and
5.7.5.
is not used for residential occupancy.
6. Prohibitions and Requirements
6.1.
No person shall commence or continue any work related to the construction, erection,
replacement, reconstruction, alteration, repair, moving or demolition, of a building or change the
occupancy of any building or structure unless a valid and subsisting building permit has been
issued by a building official for the work.
6.2.
No person shall conceal any aspect of the work referred to in section 15.4.2, or any other work for
which an inspection under this bylaw is required, until a building official has accepted that work.
6.3.
No person shall do any work that is substantially at variance with the accepted description, plans
and specifications for a building or structure for which a building permit has been issued, unless
the variance has been accepted in writing by a building official.
6.4.
No person shall occupy or use any building, structure or part thereof without an occupancy permit
issued by a building official.
6.5.
No person shall occupy or use a building, structure or part thereof contrary to the terms of any
building permit, notice, order or certificate issued under this bylaw.
6.6.
No person shall, unless authorized by a building official, reverse, alter, deface, cover, remove, or
in any way tamper with any building permit, notice, order or certificate posted upon or affixed to
any building or structure pursuant to this bylaw.
6.7.
No person shall interfere with or obstruct the entry on property of a building official acting in the
administration and enforcement of this bylaw.
6.8.
No person shall build, install or place any manufactured home or any factory built modular
building upon any land without holding a valid and subsisting building permit for the work.
6.9.
No person shall install or alter a stove or heater that uses solid fuel, including pellet stoves, nor
shall they install or alter a chimney, without a valid and subsisting building permit for the work.
6.10. No person shall knowingly submit any false or misleading information to a building official in
relation to an application for a building permit or any other aspect of a regulated construction
project.
6.11. No person shall change the class of occupancy of a building without obtaining a building permit.
7. Powers of a Building Official
7.1.
A Building Official:
7.1.1.
may administer this bylaw;
7.1.2.
may establish whether any method of construction or type of construction material used
in the construction of any building or structure substantially conforms with the
requirements of the Building Code and may revoke or refuse to issue a building permit
where he or she identifies non-compliance with such requirements of the Building Code;
7.1.3.
may enter any land, building, or structure, or premises at any reasonable time to
ascertain whether the terms of this bylaw are being observed and shall carry
identification on entry;
7.1.4.
shall, prior to entry into an occupied residence, give twenty-four (24) hours written notice
of entry to the occupant, unless the occupant has waived the notice requirement.
7.1.5.
may order the correction of any work which is being or has been done in contravention of
this bylaw;
7.1.6.
may order the immediate cessation of work that is proceeding in contravention of the
Building Code or this bylaw by posting a Stop Work notice at the site of construction;
7.1.7.
may post a Do Not Occupy notice on a building where a person occupies that building in
contravention of section 6.4 of this bylaw;
7.1.8.
may determine the estimated value of proposed work for the purpose of calculating
building permit fees, based upon the District's "Formula for Estimated Value of
Construction Policy", as amended from time to time;
7.1.9.
may allow a conditional occupancy of a building, structure or part thereof for the
accepted use prior to completion of the construction where work under the building
permit is substantially complete, provided that all health and safety requirements under
the Building Code have been completed;
7.1.10.
shall provide forms for applications, building permits and other written documents
required under this bylaw;
7.1.11.
shall keep records of building permit applications, building permits, notices and orders
issued, inspections and tests made, and shall retain copies of all documents related to the
administration of the bylaw or microfilm or electronic copies of such documents; and
7.1.12.
may require an owner to perform, at the owner's expense, tests or inspections required to
establish substantial compliance with this Bylaw and Building Code.
7.2.
The Chief Administrative Officer and the Fire Chief of the District may exercise the powers of
entry and inspection under section 7.1.3.
8. Building Permits
8.1.
A Building Official shall issue a building permit where:
8.1.1.
a completed and accurate application for a building permit has been submitted with all
required supporting documentation;
8.1.2.
the proposed work set out in the application substantially conforms with the Building
Code, this bylaw, the District Zoning Bylaw, and all other applicable bylaws, codes,
standards and enactments respecting health and safety;
8.1.3.
the applicant for a building permit has paid the building permit fee as prescribed in
Schedule "A" to this bylaw;
8.1.4.
there is no provincial legislation, municipal development permit, variance or other permit
or regulation of the District, or enactment, covenant, or agreement in favour of the
District, which authorizes or requires the building permit to be withheld; and
8.1.5.
connection fees for off-site utilities to service the subject property, that are payable to the
District, have been paid.
8.2.
A building official may issue a building permit for a portion of a building or structure before the
design, plans and specifications for the entire building or structure have been accepted, provided
sufficient information has been provided to the District to demonstrate to the building official that
the portion authorized to be constructed substantially complies with this and other applicable
bylaws and the building permit fee applicable to that portion of the building or structure has been
paid. The issuance of the building permit notwithstanding, the requirements of this bylaw apply to
the remainder of the building or structure as if the building permit for the portion of the building
or structure had not been issued.
8.3.
No building permit shall be issued for the construction of an accessory building or structure on
any site, unless the principal building to which the accessory building or structure is accessory to,
has been constructed, or will be constructed simultaneously with said accessory building or
structure, unless permitted by the District's Zoning Bylaw.
8.4.
Every building permit is issued upon the condition that:
8.4.1.
the building permit expires and the rights of the owner under the building permit
terminate if:
8.4.1.1
the work authorized by the building permit is not commenced within 6 months
from the date of issuance of the building permit; or
8.4.1.2
work is discontinued for a period of 1 year; or
8.4.1.3
work is not completed within 2 years of building permit issuance.
8.5.
A building official may extend a period of time set out under section 8.4.1 upon request from the
property owner, where construction has not commenced, or has been discontinued, due to
hardships beyond the owner's control. The period of time set out under sections 8.4.1.1 may not
be extended beyond a period of 6 years from the date of issuance of the building permit.
8.6.
The building official may, in writing delivered by registered mail or delivered in person, revoke a
building permit where:
8.6.1.
there is a violation of any condition under which the building permit was issued; or
8.6.2.
there is a violation of any provision of the Building Code; or
8.6.3.
the building permit was issued on the basis of incorrect information in the application.
8.7.
Where a building permit expires, or is revoked by a building official the rights of the owner under
the building permit terminate, and any fees paid shall be forfeited to the District and an additional
fee shall be required for the new building permit.
8.8.
When a building permit expires or is revoked, no further work shall take place without a new
building permit being issued, the submission of the appropriate application, and the payment of the
required application fees.
8.9.
Where a building permit is obtained and an owner returns the building permit for cancellation
within six months without having commenced construction, the building official shall refund 75%
of the building permit fee.
8.10. The building official may issue a building permit for the erection or replacement of a temporary
building or structure upon substantial compliance with all applicable health and safety
requirements and the other bylaws of the District.
9. Applications for All Buildings and Structures
9.1.
Every person must apply for and obtain:
9.1.1.
a building permit before constructing a building or structure, changing the class of
occupancy of any building or structure, or constructing, locating, or placing any
manufactured home or any factory built modular building upon any land;
9.1.2.
a fireplace or chimney building permit before installing or altering a stove or heater that
uses solid fuel, including pellet stoves, or installing or altering a chimney, unless the
works are covered by a valid building permit;
9.1.3.
a demolition building permit before demolishing a building or structure;
9.1.4.
a moving building permit before moving a building or structure, as well as a building
permit for the placement of the building or structure;
9.2.
Applications for all building permits must:
9.2.1.
be made in the form provided by the building official;
9.2.2.
be signed by the owner or signing officer if the owner is a corporation;
9.2.3.
include the owner's signed agreement as prescribed in Schedule "B" to this bylaw; and
9.2.4.
state the intended use or uses of any proposed building or structure.
9.3.
Applications for all building permits must, when required by the building official, be accompanied
by:
9.3.1.
two copies of the specifications and scale drawings of any building or structure with
respect to which the work is to be carried out, showing:
9.3.1.1
the dimensions of the building or structure;
9.3.1.2
the proposed use of each room or floor area; and
9.3.1.3
the dimensions of the land on which the building or structure is, or is to be
situated, the zoning classification, and the legal description of the building
site, in sufficient detail to show that the proposed work will substantially
conform to the Building Code.
9.3.2.
any and all information considered necessary by the building official to establish
substantial compliance with this bylaw;
9.3.3.
a plan that shows the location and size of every building drain and every trap or
inspection piece that is on a building drain;
9.3.4.
a sectional drawing which shows the size of every building drain and of every trap and
vent pipe, in the form and quantities required by the building official with design and
calculation criteria and bearing the name and address of the designer;
9.3.5.
the grades and elevations of the street and services abutting the land;
9.3.6.
the position, height, and horizontal dimensions of all buildings on the land;
9.3.7.
a current survey of the building site by a registered British Columbia Land Surveyor;
9.3.8.
a certificate of title for the property on which the building will be constructed;
9.3.9.
indication of the location of the source of water supply on the site plan;
9.3.10.
evidence that the sanitary drainage system will be connected to a public sanitary sewer, a
public combined sewer or a private sewage disposal system in accordance with the BC
Sewerage System Regulation or BC Waste Management Act; and
9.3.11.
a permit for road or highway access from the Ministry of Transportation and
Infrastructure.
9.4.
Notwithstanding any other provision of this bylaw, whenever in the opinion of the building official
the proposed method of construction requires specialized technical knowledge or is not referenced
in the Building Code, it may be required as a condition of the issuance of any building permit that
all drawings, specifications and site plans or any part thereof be prepared, signed and sealed by,
and construction carried out under the supervision of a registered professional.
10. Applications for Complex Buildings
10.1. An application for a building permit with respect to a complex building shall:
10.1.1.
be signed by the owner, or a signing officer if the owner is a corporation, and the
coordinating registered professional;
10.1.2.
be accompanied by the owner's acknowledgment of responsibility and undertaking of
building foundation made in the form attached as Schedule "C" to this bylaw, signed by
the owner, or a signing officer if the owner is a corporation;
10.1.3.
include a copy of a title search made within 30 days of the date of the application;
10.1.4.
include a site plan prepared by a British Columbia Land Surveyor showing:
10.1.4.1 the bearing and dimensions of the parcel taken from the registered subdivision
plan;
10.1.4.2 the legal description and civic address of the parcel;
10.1.4.3 the location and dimensions of all statutory right of ways, easements and
setback requirements;
10.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
10.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or watercourse
where the District's land use regulations establish siting requirements related
to flooding;
10.1.4.6 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 the District's land use regulations establish siting
requirements related to minimum floor elevation; and
10.1.4.7 the location, dimension and gradient of parking and driveway access.
10.1.5.
include sufficient information on building plans, to determine substantial compliance
with this bylaw, such as:
10.1.5.1 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;
10.1.5.2 a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
10.1.5.3 elevations of all sides of the building or structure showing finish details, roof
slopes, windows, doors, and finished grade;
10.1.5.4 cross-sectional details drawn at an appropriate scale and at sufficient locations
to illustrate that the building or structure substantially conforms to the
Building Code; and
10.1.5.5 mechanical information.
10.1.6.
include copies of approvals or filings required under any enactment relating to health or
safety, including, without limitation, sewage disposal filings and highway access permits;
10.1.7.
include a letter of assurance in the form of Schedule A as referred to in Division C- Part
2 of 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;
10.1.8.
include letters of assurance in the form of Schedule B as referred to in Division C- Part 2
of the Building Code, each signed by such registered professionals as the building
official or Building Code may require to prepare the design for and conduct field reviews
of the construction of the building or structure; and
10.1.9.
include two sets of drawings at a suitable scale of the design prepared by each registered
professional.
10.2. In addition to the requirements of section 10.1, 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:
10.2.1.
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 District's subdivision servicing bylaw;
10.2.2.
a section through the site showing grades, buildings, structures, parking areas and
driveways; and
10.2.3.
any other information required by the building official or the Building Code to establish
substantial compliance with this bylaw, the Building Code and other applicable codes,
standards or enactments relating to the building or structure.
10.3. The building official may waive the requirements of section 10.1.4, in whole or in part, where the
permit is sought for the repair or alteration of an existing building or structure.
11. Applications for Standard Buildings
11.1. An application for a building permit with respect to a standard building shall:
11.1.1. be made in the form provided by the building official, signed by the owner, or a signing
officer if the owner is a corporation;
11.1.2. include a copy of a title search made within 30 days of the date of application or a copy of
the current tax assessment notice;
11.1.3.
include a site plan prepared by a British Columbia Land Surveyor showing:
11.1.3.1 the bearing and dimensions of the parcel taken from the registered subdivision
plan;
11.1.3.2 the legal description and civic address of the parcel;
11.1.3.3 the location and dimensions of all statutory right of ways, easements and
setback requirements;
11.1.3.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
11.1.3.5 setbacks to the natural boundary of any lake, swamp, pond or watercourse
where the District's land use regulations establish siting requirements related
to flooding;
11.1.3.6 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 the District's land use regulations establish siting
requirements related to minimum floor elevation; and
11.1.3.7 the location, dimension and gradient of parking and driveway access.
11.1.4.
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;
11.1.5.
include a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
11.1.6.
include elevations of all sides of the building or structure showing finish details, roof
slopes, windows, doors, and finished grade;
11.1.7.
include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building or structure substantially conforms to the Building Code;
11.1.8.
include copies of approvals required under any enactment relating to health or safety,
including, without limitation, sewage disposal permits, highway access permits and
Ministry of Health approval;
11.1.9.
include a foundation design prepared by a registered professional in accordance with
section 4.2 of Part 4 of the Building Code, accompanied by letters of assurance in the
form of Schedule B as referred to in Division C- Part 2 of the Building Code, signed by
the registered professional; and
11.1.10. include two sets of drawings at a suitable scale of the design including the information
set out in sections 11.1.4 through to 11.1.9 of this bylaw.
11.2. In addition to the requirements of section 11.1, the following may be required by a building
official to be submitted with a building permit application for the construction of a standard
building where the project involves two or more buildings, which in the aggregate total more than
1000 square metres, or two or more buildings that will contain four or more dwelling units, or
otherwise where the complexity of the proposed building or structure or siting circumstances
warrant:
11.2.1.
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 District's subdivision servicing bylaw;
11.2.2.
a section through the site showing grades, buildings, structures, parking areas and
driveways;
11.2.3.
a roof plan and roof height calculations;
11.2.4.
structural, electrical, mechanical or fire suppression drawings prepared and sealed by a
registered professional;
11.2.5.
letters of assurance in the form of Schedule B as referred to in Division C- Part 2 of the
Building Code, signed by the registered professional; or
11.2.6.
any other information required by the building official or the Building Code to establish
substantial compliance with this bylaw, the Building Code and other bylaws and
enactments relating to the building or structure.
11.3. The building official may waive the requirements of section 11.1.3, in whole or in part, where:
11.3.1.
the building permit is sought for the repair or alteration of an existing building or
structure where that alteration does not involve altering the footprint of the building; or
11.3.2.
where the owner signs Schedule "D" to this bylaw acknowledging responsibility for
siting the building on the property.
11.4. The building official may waive the requirements of section 11.1.9:
11.4.1.
where the building official has required a professional engineer's report pursuant to
section 56(2) of the Community Charter and the building permit is issued in accordance
with sections 56(4) and 56(5) of the Community Charter; or
11.4.2.
if documentation, prepared and sealed by a registered professional, is provided assuring
that the foundation design substantially complies with section 9.4.4 of Part 9 the
Building Code and the foundation excavation substantially complies with section 9.12 of
Part 9 of the Building Code; or
11.4.3.
where the owner, or signing officer of the owner as a corporation signs Schedule "C" to
this bylaw acknowledging his or her responsibility for the design and construction of the
foundation and supporting soils.
12. Professional Plan Certification
12.1. The letters of assurance in the form of Schedule B referred in Division C- Part 2 of the Building
Code and provided pursuant to sections 10.1.8, 11.1.9, 11.2.5, and 16.1 of this bylaw are relied
upon by the District 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.
12.2. A building permit issued for the construction of a complex building, or for a standard building
for which a building official requires professional design pursuant to section 11.2.4 and letters of
assurance pursuant to section 11.2.5 of this bylaw shall be in the form provided by the building
official.
12.3. A building permit issued pursuant to section 12.2 of this bylaw 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.
12.4. Pursuant to section 290 of the Local Government Act, when a building permit is issued in
accordance with section 12.2 of this bylaw the building permit fee shall be reduced by 10% of the
fees payable pursuant to Schedule "A" to this Bylaw, up to a maximum of $1000.00 (one thousand
dollars).
13. Demolition of Buildings or Structures
13.1. Applicants for a building permit to allow demolition are required to do the following:
13.1.1.
arrange for the District to disconnect and cap water and sewer service lines to the
property prior to demolition, where the property is serviced by a system operated by the
District;
13.1.2.
arrange disconnection of all power, telephone and gas lines, prior to demolition;
13.1.3.
obtain from the Provincial government any approvals required for street closures, and
notify all regulating bodies, prior to demolition;
13.1.4.
protect, as per Building Code Requirements (Part 8 "Safety Measures and Construction
at Demolition Sites") all public sidewalks, thoroughfares and streets, prior to demolition;
13.1.5.
remove all demolition materials and foundations from the site, fill and level all
excavations, and leave the site in a tidy manner; and
13.1.6.
all above items are to be fully completed with within ninety (90) days of the date of
issuance of the demolition building permit.
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.
14.2. Every owner of property for which a building permit is issued shall be responsible for the cost of
repair of any damage to public works that occur as a result of the work covered by the building
permit. When required, the building official may require security for the repair or replacement of
highways, sidewalks, boulevards, public works or other District property altered or damaged by
activities related to the building permit.
14.3. In the event that damage which is the owner's responsibility is not resolved by the owner prior to
the issuance of an occupancy permit, or within such other time set by the building official, or the
damage requires the involvement of District work crews to resolve, the costs so incurred by the
District shall be paid by the owner. Any costs not previously paid by December 31 of the calendar
year may be added to the following year's property taxes.
14.4. Every owner who is issued a building permit shall:
14.4.1.
post the building permit in a conspicuous place on the property in respect of which the
building permit is issued; and
14.4.2.
post a copy of the accepted drawings and specifications on the property in respect of
which the building permit was issued.
14.5. Every owner shall, where applicable, obtain from the District the necessary approvals pertaining to
moving, alteration, reconstruction, replacement, demolition, excavation, construction and repair of
buildings or structures, zoning, changes in classification of occupancy, sewers, water, plumbing,
signs, canopies, awnings, marquees, blasting, street occupancy, electricity, buildings or structures
to be removed and all other approvals required in connection with the proposed work prior to the
commencement of such work.
14.6. Every owner shall:
14.6.1.
in all cases where it is proposed to conduct the waste from plumbing fixtures to a public
sewer, make certain such public sewer is at a sufficient depth and of sufficient capacity to
receive such discharge, and also to arrange the plumbing to suit the location of the
connection provided for the lot;
14.6.2.
where it is deemed necessary to connect the building or storm sewer with any building or
storm sewer extension, furnish such information as a building official may require to
show that the proposed sewers will be laid at such a depth, and in such a position as to
connect the property with the building or storm extension; and
14.6.3.
ensure that all water supply and drainage piping is tested in accordance with the B.C.
Building Code.
14.7. When requested by the building official the owner shall perform, or have performed, at his or her
expense, tests or inspections required to prove substantial compliance with the requirements of this
bylaw and the B.C. Building Code and shall promptly file a copy of the test or inspection reports
with the building official.
14.8. When required by the building official, the owner shall uncover and replace, at his or her expense,
any work that has been covered contrary to a notice or order, or prior to the completion of an
inspection required under this bylaw.
14.9. The owner shall be responsible for ensuring that the siting of all buildings and structures meets the
requirements of all bylaws and regulations.
14.10. The owner shall ensure that all work is confined within the boundaries of the property on which the
work is, or is to be located and does not affect adjacent properties.
15. Notice of Inspection
15.1. When a registered professional provides letters of assurance in accordance with sections 10.1.8,
11.1.9, 11.2.5 and 16.1 or 16.2 of this bylaw, the District will rely solely on field reviews
undertaken by the registered professional and the letters of assurance submitted pursuant to section
16.2 of this bylaw as assurance that the construction substantially conforms to the design and that
the construction substantially complies with the Building Code, this bylaw and other applicable
enactments respecting safety.
15.2. Notwithstanding section 15.1 of this bylaw, a building official may attend the site from time to
time during the course of construction to ascertain that the field reviews are taking place and to
monitor the field reviews undertaken by the registered professionals.
15.3. A building official may attend periodically at the site of the construction of standard buildings or
structures to ascertain whether the health and safety aspects of the work are being carried out in
substantial conformance with those portions of the Building Code, this bylaw and any other
applicable enactment concerning safety.
15.4. Every owner or owner's agent who holds a building permit, shall:
15.4.1.
give at least one week's notice to the building official of an intention to start work on the
building site;
15.4.2.
give a least seventy-two (72) hours notice to the building official to obtain an inspection
and acceptance of the work as substantially conforming with the Building Code at each
of the following stages:
15.4.2.1 after excavation and the forms for footings and foundations are complete,
including the placement of required reinforcing, but prior to placement of any
concrete therein;
15.4.2.2 after removal of formwork from a concrete foundation and installation of
perimeter drain tiles and damp-proofing but prior to backfilling against the
foundation; for preserved wood foundations, when all framing and sheathing
of the foundation is complete, including the construction of floors and
completion of drainage systems and damp-proofing, but prior to backfilling;
15.4.2.3 after rough-in plumbing and soil gas control work is complete, but prior to
placing concrete floor;
15.4.2.4 when framing and sheathing of the building or structure are complete,
including fire stopping, bracing, chimney, duct work, plumbing, gas venting
and wiring, but before any insulation, lath or other interior or exterior finish is
applied which would conceal such work;
15.4.2.5 when the chimney is complete but before the fireplace facing is applied;
15.4.2.6 when the insulation and vapor barrier are completed; and
15.4.2.7 after the building, structure or part thereof is substantially complete and ready
for occupancy, but before occupancy takes place of the whole or a portion of
the building, structure or part thereof.
15.5. Where an architect or a professional engineer, or both, lawfully authorized to practice in the
Province of British Columbia, is engaged by the owner for the design and inspection of the
construction of a building or a structure, certificates of compliance with the accepted plans signed
and sealed by the architect or engineer, or both as the case may be, may be accepted by the
building official in lieu of inspections required by this bylaw.
15.6. The building official's acceptance of architect or engineer certification under section 15.5 of this
bylaw shall be communicated to the owner in writing.
16. Professional Design and Field Review
16.1. When a building official considers that the site conditions, size or complexity of a development or
an aspect 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 by means of letters
of assurance in the form of Schedule B and C-B referred to in Division C- Part 2 of the Building
Code.
16.2. Prior to issuance of an occupancy permit for a complex building or standard building in
circumstances where letters of assurance have been required in accordance with sections 10.1.7,
10.1.8, 11.1.9, 11.2.5 or 16.1 of this bylaw, the owner shall provide the District with letters of
assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in Division C- Part 2
of the Building Code.
16.3. When a registered professional provides letters of assurance in accordance with sections 10.1.7,
10.1.8, 11.1.9, 11.2.5, 16.1 or 16.2 of this bylaw, he or she shall also provide proof of liability
insurance to the building official.
17. Occupancy Permits
17.1. No person shall occupy a building or structure or part of a building or structure until an
occupancy permit has been issued.
17.2. An occupancy permit shall not be issued unless:
17.2.1.
all letters of assurance have been submitted when required in accordance with sections
10.1.7, 10.1.8 and 11.2.5 of this bylaw;
17.2.2.
all aspects of the work requiring inspection and acceptance pursuant to section 15.4.2 of
this bylaw have both been inspected and accepted or the inspections and acceptance are
not required in accordance with section 15.5 of this bylaw; and
17.2.3.
all site work is completed including, without limitation, paving, curbing and landscaping
or otherwise satisfy the building official that the work in question will be completed by a
specified date in accordance with District bylaws.
17.3. A building official may issue an occupancy permit for part of a building or structure when the
part of the building or structure is self-contained, provided with essential services and the
requirements set out in section 8.2 of this bylaw have been met with respect to it.
18. Climatic Data
18.1. The following snow/rain values are to be used when calculating roof design live loads (applicable
for elevations less than 800 m above sea level):
18.1.1 Ground snow load:
4.1 kPa
18.1.2 Assoc. rain load:
0.2 kPa
18.2. Climatic data, other than ground snow and rain values , for building design under this bylaw shall
be those specified for Prince George in Appendix C of the Building Code.
19. Stop Work Orders and Do Not Occupy Notices
19.1. When a Stop Work Order has been posted, no construction shall take place until the Stop Work
Notice has been rescinded in writing by the Building official.
19.2. The building official shall not remove a Stop Work Order until supplied with satisfactory evidence
that the violation giving rise to the order has been corrected.
19.3. When a Do Not Occupy Notice has been posted all persons shall cease occupancy of the building
immediately and shall refrain from further occupancy until the Do Not Occupy Notice has been
rescinded by the building official.
19.4. The building official shall not remove the Do Not Occupy Notice until all applicable provisions of
the Building Code and this bylaw have been substantially complied with.
20. Penalty
20.1. A person who violates any provision of this bylaw commits an offence and is punishable in
accordance with the Offence Act.
20.2. Every person who fails to comply with any order or notice issued by a building official, or who
allows a violation of this bylaw to continue, contravenes this bylaw.
20.3. Every person who commences work requiring a building permit without first obtaining a building
permit shall, if a Stop Work Notice is issued, pay an additional charge equal to 25% of the
building permit fee prior to obtaining the required building permit.
20.4. Every person who commences work requiring a building permit without first obtaining a building
permit shall, if a Stop Work Notice is issued and remains outstanding for 30 days because a
complete building permit application has not been submitted pay an additional charge equal to
50% of the building permit fee prior to obtaining the required building permit.
21. Conservation of Energy
21.1 In relation to the conservation of energy, buildings may be constructed in accordance with section
9.36.2 to 9.36.4 of Division B of the Building Code.
READ A FIRST, SECOND AND THIRD TIME THE 12th DAY OF FEBRUARY 2014.
ADOPTED THE 12th DAY OF MARCH 2014.
Rob MacDougall, Mayor
Kevin Crook, Chief Administrative Officer
I hereby certify that the foregoing is a true and correct copy of "District of Fort St. James Building Bylaw No.
932, 2014".
Kevin Crook, Chief Administrative Officer
SCHEDULE "A" BUILDING PERMIT FEES
The following fees shall be paid by applicants to the District of Fort St. James for a building permit under this
bylaw:
Category
Fee Calculation
(a)
Commercial, Industrial and Institutional
0.6% of construction value
($6.00 per $1,000.00)
(b)
Residential (including dwellings
0.6% of construction value
garages, carports and patios)
($6.00 per $1,000.00)
(c)
Manufactured Home (Single Wide)
$150.00
(d)
Manufactured Home (Double Wide)
$300.00
(e)
Wood Burning Appliance and Chimney
$100.00
(New Installations Only)
(f)
Move a Building
0.6% of construction value
($6.00 per $1,000)
(g)
Demolition of Buildings and Structures
0.6% of construction value
($6.00 per $1,000)
(h)
Other Inspections (including minor
0.6% of construction value
alterations, additions and repairs)
($6.00 per $1,000)
(i)
Change of Occupancy
$100.00 plus 0.6% of
construction value
(j)
Cancellation of Note Against Land Title,
$200.00
Pursuant to Section 58 of the Community Charter
(k)
Minimum Building Permit Fee
$50.00
SCHEDULE "B" OWNER'S SIGNED AGREEMENT
In consideration of the granting of this building permit, I/we agree to release and indemnify the District of Fort
St. James, its Council members, employees and agents from and against all liability, demands, claims, causes or
actions, suits, judgments, losses, damages, costs, and expenses of whatever kind which I/we or any other person,
partnership, or corporation or our respective heirs, successors, administrators or assignees may have or incur in
consequence of or incidental to the granting of this building permit or any representation, advice, inspection,
failure to inspect, certification, approval, enforcement or failure to enforce the District of Fort St. James
Building Bylaw or the British Columbia Building Code, including negligence, on the part of the District of Fort
St. James, its Council members, employees and agents and I/we agree that the District of Fort St. James owes
me/us no duty of care in respect to these matters.
I acknowledge that if I am granted a building permit pursuant to this application I am responsible for
compliance with the current edition of the British Columbia Building Code, the Building Bylaw of the District
of Fort St. James, and any other applicable enactment, code, regulation, or standard relating to the work in
respect of which the building permit is issued, whether or not the said work is undertaken by me or by those
whom I may retain or employ to provide design and/or construction services.
I acknowledge that the issuance of a building permit, the acceptance or review of plans, specifications, drawings
or supporting documents, or inspections made by or on behalf of the District do not constitute a representation,
warranty, assurance or statement that the current edition of the British Columbia Building Code, the Building
Bylaw of the District of Fort St. James or any other applicable enactment, code, regulation or standard has been
complied with.
Where the District requires that letters of assurance be provided by a registered professional, I confirm that I
will rely only on the said registered professional for the adequacy of the plans, drawings, specifications and
supporting documents submitted with this application.
I understand that I should seek independent legal advice in respect of the responsibilities I am assuming upon
the granting of a building permit by the District of Fort St. James pursuant to this application and in respect of
the execution of this acknowledgment.
I have read the above agreement, release and indemnify and understand it.
SCHEDULE "C" OWNER'S UNDERTAKING OF BUILDING FOUNDATION
Property Owner:
Describe Project:
Street Address of Property:
Legal Description of Property:
Pursuant to Section 10.1.2. or 11.4.3 of the District of Fort St. James Building Bylaw No. 932, 2014
I,
being the registered owner of the above referenced property do hereby
acknowledge and accept responsibility for the design and construction of the foundation for the above
referenced project.
Furthermore, I recognize that within the boundaries of the District of Fort St. James there are areas of "problem
soils" and that these are widely distributed as to location. I affirm that it is my responsibility as owner to
identify soil conditions on which the intended construction is to be placed and take all action required to ensure
the adequacy of the foundation.
Owner's Information:
Agent for Owner Information
______________________________________
______________________________________
Name (print)
Name & Title (print)
______________________________________
______________________________________
Signature
Signature
______________________________________
______________________________________
Mailing Address (print)
Mailing Address (print)
______________________________________
______________________________________
Mailing Address
Mailing Address
______________________________________
______________________________________
Date
Date
Building Permit # (office use only):
SCHEDULE "D" OWNER'S UNDERTAKING OF BUILDING SITING
Property Owner:
Describe Project:
Street Address of Property:
Legal Description of Property:
Pursuant to Section 11.3.2 of District of Fort St. James Building Bylaw No. 932, 2014
I,
being the registered owner of the above referenced property do hereby
acknowledge and accept responsibility for the siting of the building or structure for the above referenced
project on the property.
Owner's Information:
Agent for Owner Information
______________________________________
______________________________________
Name (print)
Name & Title (print)
______________________________________
______________________________________
Signature
Signature
______________________________________
______________________________________
Mailing Address (print)
Mailing Address (print)
______________________________________
______________________________________
Mailing Address
Mailing Address
______________________________________
______________________________________
Date
Date
Building Permit # (office use only):