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DISTRICT OF HIGHLANDS
BYLAW NO. 192
Building Regulation Bylaw
This Bylaw is consolidated by the Corporate Officer in accordance with Bylaw No. 301.
Consolidated for convenience only to include Bylaws 439 and 440
It includes amendments up to July 15, 2024
This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment (s).
Electronic and On-Line Consolidated bylaws are not certified copies and they should not be used in place of actual district
bylaws. If you require an accurate, up to date copy of the district bylaw, please contact the District Office.
DISTRICT OF HIGHLANDS
Bylaw No. 192
Building Regulation Bylaw
A Bylaw to Regulate the Construction of Buildings
WHEREAS the Local Government Act and the Regulations made pursuant thereto
provide that the Building Code of British Columbia applies to the District of Highlands.
AND WHEREAS the Council of the District of Highlands believes their role in building
regulation is guided by the following principles:
a)
The design review is limited and only concerned with health and life
safety issues,
b)
Building inspections are intended as a spot check function at specific
stages of construction for health and safety concerns, and
c)
The building inspection role is not to "guarantee" the work or to ensure
the quality of the construction.
AND WHEREAS the activities undertaken by or on behalf of the District of Highlands
pursuant to this bylaw are for the sole purpose of providing a limited and interim spot
checking function for reasons of public health and safety. It is not contemplated nor
intended, nor does the purpose of this bylaw extend:
a)
to the protection of owners, owner/builders or builders from economic loss,
b)
the assumption by the District of Highlands of any responsibility for
ensuring the compliance by an owner, his representatives or any
employee, contractor or design professionals retained by him, with the
current edition of the British Columbia Building Code, the requirements of
this bylaw or any applicable codes or standards,
c)
to providing to 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, or
d)
to providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the District of Highlands is free of
any defects.
Bylaw No. 192 - Page 2
NOW THEREFORE, the Council of the District of Highlands, in open meeting
assembled, enacts and retains this bylaw for the purpose of regulating construction
within the District of Highlands for the general public interest:
PART 1 - CITATION
This bylaw may be cited for all purposes as "Building Regulation Bylaw No. 192,
2003."
PART 2 - DEFINITIONS
2.1
In this Bylaw:
"Building" means any structure used or intended to be used for supporting or
sheltering any use or Occupancy;
"Building Code" means the British Columbia Building Code adopted by,
amended , added to or varied by Provincial Regulation under the authority of the
Local Government Act;
"Building Official" means a person appointed by the Council from time to time
to carry out the duties of the Building Official under this bylaw;
"Complex Building" means:
a)
a building used for major occupancies classified under the Building
Code as:
i)
assembly occupancies,
ii)
care or detention occupancies,
iii)
high hazard industrial occupancies; or
b)
a building exceeding 600 square meters in building area as defined by the
Building Code that does not exceed three storeys in height used for major
occupancies classified as:
i)
residential occupancies,
ii)
business and personal services,
iii)
mercantile occupancies, or
iv)
medium and low hazard industrial occupancies.
"Council" means the duly elected Council of the District of Highlands;
"Energy Step Code" means the system of energy performance requirements,
referred to as the Energy Step Code, set out in Division B, Parts 9 and 10 of the
Building Code;
(**added by Bylaw No. 440, adopted September 20, 2022)
"Low Carbon Energy Systems (LCES)" means a mechanical system that provides
thermal conditioning and domestic hot water for a building primarily from low carbon
energy sources such that the total modelled Greenhouse Gas Intensity is no more
than 3 kg CO2e/m2/yr., and seasonal average co-efficient of performance greater than
2.
(**added by Bylaw No. 440, adopted September 20, 2022)
"Occupancy" means use or intended use of a building or part thereof for the
shelter or support of persons, animals or property;
Bylaw No. 192 - Page 3
"Simple Building" means a building of three storeys , or less in height,
having a building area not exceeding 600 square meters as defined by the
Building Code and used for major occupancies classified as:
i)
residential occupancies,
ii)
business and personal services occupancies,
iii)
mercantile occupancies, or
v)
medium and low hazard industrial occupancies
"Surveyor" means a land surveyor licensed and registered as a land surveyor in the
Province of British Columbia;
PART 3 - PERMITS AND PERMIT FEES
3.1
GENERAL AND OWNER'S OBLIGATIONS
(**amended by bylaw No. 439, adopted July 15, 2024)
3.1.1 A permit is required whenever work regulated under this bylaw is to be
undertaken.
3.1.2 Every Owner shall apply for and obtain:
(**amended by bylaw No. 439, adopted July 15, 2024)
a)
a building permit before constructing, repairing or altering a building or
structure;
b)
a plumbing permit prior to commencing the installation of any plumbing;
c)
a fireplace and chimney permit prior to the construction of a masonry
fireplace or the installation of a wood burning appliance, unless the works are
encompassed by a valid building permit;
d)
a demolition permit prior to demolishing a building or structure.
3.1.3 A permit is not required in the following circumstances:
a)
for minor repairs or alterations to non-structural components of a building;
b)
when a valve, faucet, fixture, or service water heater is repaired or
replaced;
c)
if a building or structure does not exceed 10 square meters in building
area.
3.1.4 Neither the issuance of a permit under this bylaw nor the acceptance or review of
plans or specifications or supporting documents , nor any inspections made by or on
behalf of the District of Highlands shall in any way relieve the owner or his
representatives from full and sole responsibility to perform the work in accordance
with the Building Code, this bylaw and all other applicable enactments, codes and
standards.
Bylaw No. 192 - Page 4
3.1.5 It shall be the full and sole responsibility of the owner or 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 enactments , codes and standards.
3.1.6 Neither the issuance of a permit, certificate of occupancy or conditional certificate of
occupancy 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 District of Highlands constitute in any way a representation , warranty ,
assurance or statement that the Building Code, this bylaw or any other applicable
enactments , codes and standards have been complied with.
3.1.7 Prior to the issuance of a Building Permit, the Owner shall execute and submit to the
District an Owner's Undertaking in the form attached as Appendix M.
(**amended by bylaw No. 439, adopted July 15, 2024)
3.2
COMPLIANCE
3.2.1 No person shall rely upon any permit as establishing compliance with this bylaw or
assume or conclude that this bylaw has been administered or enforced according to
its terms.
3.3
APPLICATIONS
3.3.1
An application for a permit shall be made on the form attached as Appendix A, C, D,
E, F, to this bylaw.
3.3.2
All plans submitted with permit applications shall bear the name and address of the
designer of the building or structure .
3.3.3
Each building or structure to be constructed on a site requires a separate building
permit and shall be assessed a separate building permit fee based on the value of
the building or structure as determined in accordance with Appendix "J" attached to
this bylaw.
3.3.4
Applications for Complex Buildings
An application for a building permit with respect to a complex building shall:
a)
be made on the form attached as Appendix "A" to this bylaw, signed by the
owner, a signing officer if the owner is a corporation, or the coordinating
registered professional;
b)
include a copy of a title search made within 14 days of the date of this
application, complete with copies of all easements, statutory rights of way
and covenants ;
c)
include a site plan prepared by a British Columbia Land Surveyor
showing:
(i)
the bearing of lot lines and dimensions of the parcel taken from the
registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of all statutory rights of way, easements
and lot line setback requirements;
Bylaw No. 192 - Page 5
(iv)
the location and dimensions of all existing and proposed buildings
or structures on the parcel;
(v)
setbacks to the natural boundary of any sea, lake, pond, or
watercourse where the District of Highlands 's land use regulations
establish siting requirements.
(vi)
The existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the
floor system of a building or structure where the District of Highland's
land use regulations establish siting requirements.
(vii)
the location, dimension and gradient of existing and proposed parking
and driveway access.
d)
include floor plans showing the dimensions and uses of all areas; 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;
e)
include a cross section through the building or structure illustrating
foundations , drainage, ceiling heights, the dimensions and height of crawl
and roof spaces, and construction systems.
f)
include elevations of all sides of the building or structure to confirm that it
substantially conforms to the Building Code and any other applicable
enactments.
g)
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.
h)
include copies of approvals required under any enactment relating to
health or safety, including, without limitation, sewage disposal permits,
driveway access permits and potable water supply.
i)
be accompanied by the Owner's acknowledgement of responsibility and
undertaking made in the form attached as Appendix M (Owner's
Undertaking) to this bylaw and signed by the owner, or a signing officer if
the Owner is a corporation. (**added by Bylaw No. 439, adopted July 15, 2024)
j)
include a letter of assurance in the form of Schedule "A", as referred to in
section 2.6 of 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.
k)
Include letters of assurance in the form of Schedules B-1 and 8-2 as referred
to in section 2.6 of 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.
l)
Include two copies of specifications and two sets of drawings at a scale of
¼" = 1' or 1:50 of the design prepared by each registered professional and
including the information set out in section 3.3.4 (d) to (g) of this bylaw.
Bylaw No. 192 - Page 6
3.3.5 In addition to the requirements of section 3.3.4, 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:
a)
site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by an
appropriate registered professional;
b)
a section through the site showing grades, buildings, structures , parking
areas and driveways;
c)
any other information required by the Building Official or the Building
Code to establish compliance with this bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
3.3.6 Applications for Simple Buildings
An application for a building permit with respect to a Simple Building shall:
a)
be made on the form attached as Appendix A to this bylaw, signed by the
owner, or a signing officer if the owner is a corporation;
b)
include a copy of a title search made within 14 days of the date of the
application;
c)
include a site plan showing:
(i)
the lot line bearing and dimensions of the parcel taken from the
registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of all statutory rights of way, easements
and lot line setback requirements;
(iv)
the location and dimensions of all existing and proposed buildings
or structures on the parcel;
(v)
setbacks to the natural boundary of any sea, lake, swamp, pond, or
watercourse where the District of Highland's land use regulations
establish siting requirements related to flooding ;
(vi)
the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the
floor system of a building or structure where the District of Highland's
land use regulations establish siting requirements related to minimum
floor elevation; and
(viii) the location, dimension and gradient of existing and proposed parking
and driveway access.
d)
include floor plans showing the dimensions and uses of all areas; 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;
Bylaw No. 192 - Page 7
e)
include a cross-section through the building or structure illustrating
foundations, drainage, the dimensions and height of crawl and roof spaces;
ceiling heights and construction systems;
f) include elevations of all sides of the building or structure showing finished details,
roof slopes, windows, doors, grade and building height;
g) 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.
h)
include copies of approvals required under any enactment relating to
health or safety, including, without limitation , sewage disposal permits,
driveway access permits and any other approvals that may be required a
under this bylaw or any other applicable enactment.
i)
be accompanied by the Owner's acknowledgement of responsibility and
undertaking made in the form attached as Appendix M (Owner's Undertaking)
to this bylaw and signed by the owner, or a signing officer if the Owner is a
corporation.
(**added by Bylaw No. 439, adopted July 15, 2024)
j)
include two copies of specifications and two sets of drawings at a scale of
1/4" = 1' 0" or 1:50 of the design including the information set out in section
3.3.5 (d) to (g) of this bylaw.
k)
include 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.
3.3.7 Applications for Moved Buildings or Structures
a)
A building permit is required for the relocation of a building or
structure on the property to which it is to be moved.
b)
An application shall be made on the form attached as Appendix "A" to this
bylaw, signed by the owner, or a signing officer if the owner is a
corporation .
c)
Before issuing a permit under section 3.3.7(a), the Building Official may
require certification from a registered professional that the building meets
the requirements of this bylaw, the Building Code and any other applicable
enactment.
3.3.8 Professional Plan Certification
a)
The letters of assurance in the form of Schedules A, B-1, B-2, C-A and C
B referred in section 2.6 of Part 2 of the Building Code and provided
pursuant to this bylaw are relied upon by the District of Highlands 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.
Bylaw No. 192 - Page 8
b)
When a permit is issued pursuant to section 3.3.4 of this bylaw a notice shall
be sent to the owner, that the permit is issued in reliance upon the
certification of the registered professionals and that the building complies
with the Building Code and other applicable enactments relating to safety.
c)
When a permit is issued in accordance with section 3.3.4, the permit fee
shall be reduced by 5% of the fees payable pursuant to Appendix "J" to
this bylaw, up to a maximum reduction of $500.00 (five hundred dollars).
3.4
PERMIT FEES
3.4.1 A permit fee, calculated in accordance with the forms attached as Appendix C, D, E,
F, J, K, and L to this bylaw, shall be paid in full, prior to issuance of any permit under
this bylaw.
3.4.2 A plan-processing fee, as set out below, shall accompany an application made
for a building permit:
a)
The plan-processing fee for a building with a construction value of less
than $50,000 (fifty thousand dollars) shall be $50 (fifty dollars).
b)
The plan-processing fee for a building with a construction value over
$50,000 (fifty thousand dollars) shall be $250 (two hundred and fifty
dollars).
3.4.3 The plan-processing fee is non-refundable and shall be credited against the
building permit fee if the permit is issued .
3.4.4 An application shall be cancelled and the plan-processing fee forfeited if the
permit has not been issued and the permit fee paid within 180 days of the date
of written notification to the owner that the permit is ready to be issued.
3.4.5 When an application is cancelled, the plans and related documents submitted
with the application may be destroyed.
3.4.6 The owner may obtain a cancellation of the permit fees set out in section 3.4.1 of
this bylaw, by way of a written request, within 6 months of the permit being
issued and before any construction begins, and the refund shall not include the
plan-processing fee paid pursuant to section 3.4.2 of this bylaw. Upon approval
of a request, the permit shall be cancelled.
3.4.7 Where, due to non-compliance with this bylaw, more than two inspections are
necessary when one inspection is normally required, for each inspection after
the second inspection, a re-inspection charge of $40 (forty dollars) shall be paid
prior to additional inspections being performed.
3.4.8 A permit fee for work that was subject of a previous permit, which expired, will be
based upon the value of the work that remains to be completed.
Bylaw No. 192 - Page 13
3.5
CONDITIONS OF A PERMIT
3.5.1 When:
a)
a completed application in compliance with this bylaw, including all required
supporting documentation, has been submitted and the review of the
application has been completed;
b)
the owner or his or her representative has paid all applicable fees set out in
section 3.4 of this bylaw;
c)
the owner or his or her representative has paid all charges and met all
regulations and requirements imposed by any other bylaws or enactments ;
d)
the proposed construction does not contravene any covenant under Section
219 of the Land Title Act; and
e)
no enactment authorizes the permit to be withheld, then
A Building Official shall issue the permit for which the application is made.
3.5.2 Every permit is issued upon the condition that the permit shall expire and the rights
of the owner under the permit shall terminate if:
a)
the work authorized by the permit is not commenced within 6 months from the
date of issuance of the permit; or
b)
work is discontinued for a period of 12 months and no inspection has been
requested.
3.5.3 A Building Official may extend the period of time set out under section 3.5.2 where
construction has not been commenced or has been discontinued due to adverse
weather, strikes, material or labour shortages. The maximum period of an extension
is 12 months.
3.5.4 Revocation of a Permit
The Building Official may revoke a permit where there is a violation of:
a)
a condition under which the permit was issued ; or
b)
a provision of the Building Code, this bylaw or other applicable bylaws or
enactments.
The revoking of the permit shall be in writing and transmitted to the permit holder by
registered mail, and deemed served at the expiration of seven days after the date of
mailing.
Bylaw No. 192 - Page 14
3.5.5 Partial Permit
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 reviewed, provided sufficient information has been provided to
the District of Highlands to demonstrate to the Building Official that the portion
authorized to be constructed substantially complies with this bylaw and other
applicable bylaws and the permit fee applicable to that portion of the building or
structure has been paid. The issuance of the permit notwithstanding , the
requirements of this bylaw apply to the remainder of the building or structure as if
the permit for the portion of the building or structure had not been issued. This
section does not apply to single family dwellings or accessory buildings.
3.5.6 No person shall rely on the review or acceptance of the design, drawings, or
specifications nor any inspection made by a Building Official as establishing
compliance with the Building Code, this bylaw, any other enactment or any
standard of construction.
3.6
CERTIFICATE OF OCCUPANCY
3.6.1 An owner must obtain a certificate of occupancy, on the form attached as Appendix
H to this bylaw, prior to occupying a building or structure. A Certificate of
Occupancy is not required for buildings that do not contain a dwelling unit(s) and
are accessory to a residential Simple Building.
(**replaced by Bylaw No. 439, adopted July 15, 2024)
3.6.2 No Certificate of Occupancy shall be issued for the Occupancy of any residential,
commercial, institutional, industrial or agricultural buildings by the District of
Highlands, until the following essential services are provided for:
a)
Community water service or other source of potable water in accordance with
the requirements of Island Health and the BC Building Code.
b)
A community sewer or other method of sewage disposal in accordance with
the requirements of Island Health.
c)
A method of storm drainage disposal shall be available to service the
building or structure.
(**added by Bylaw No. 439, adopted July 15, 2024)
3.6.3 A Building Official shall not issue a certificate of occupancy unless:
a)
all letters of assurance have been submitted (when required) in accordance
with section 3.3.4 and section 3.3.8 of this bylaw, and
b)
all aspects of the work requiring inspection and an acceptance pursuant to
section 4.5.4 of this bylaw have been inspected and accepted.
c)
notwithstanding sections 3.6.3 (a) and 3.6.3 (b), where owing to strikes, lock-
outs or other emergencies, one or more of the inspections of buildings or
structures required by this bylaw have not been carried out, the Building
Official may issue a certificate of occupancy stating the building or structure
is substantially complete and suitable for Occupancy if satisfied, after a final
inspection, that the building is fit for Occupancy, but the certificate shall list
those inspections which were not carried out and shall state that the
certificate does not imply approval of such stages of construction.
Bylaw No. 192 - Page 15
d)
the Owner has provided their acknowledgement of responsibility for the
potable water source made in the form attached at Appendix N (Owner's
Declaration) to this bylaw and signed by the Owner, or a signing officer if the
Owner is a corporation. (**added by Bylaw No. 439, adopted July 15, 2024)
3.6.4 Conditional Certificate of Occupancy
a)
A Building Official may issue a conditional certificate of occupancy , on the
form attached as Appendix I to this bylaw, for part of a building or structure
when that part of the building or structure is self-contained, provided with
essential services and meets the requirements set out in section 3.6.3 of this
bylaw.
b)
A conditional certificate of occupancy may be issued and is valid for a period
of 12 months from the date of issue.
c)
Failure to obtain a certificate of occupancy prior to the expiration of the
conditional certificate of occupancy will result in:
(i)
the Building Official recommending that a notice be filed on the title
of the property, pursuant to section 57 of the Community Charter; and
(**amended by Bylaw No. 439, adopted July 15, 2024)
(ii)
expiry of the building permit;
d)
If the owner then desires to obtain a certificate of occupancy further to
3.6.4(c), he or she may apply to have the original building permit reinstated
for a fee of $100.00.
3.6.5 Application of the Energy Step Code
(**added by Bylaw 440, adopted September 20, 2022)
For building permit applications received after January 1, 2023
3.6.5.1
a new building regulated by Part 9 of the Building Code, containing a
major occupancy to which the Energy Step Code applies, must be
designed, and constructed to meet or exceed the performance
requirements specified in Step 5 of the Energy Step Code for new
residential buildings 420 m2 (4521 sq ft) or less, or Step 3 if Low Carbon
Energy Systems are incorporated.
3.6.5.2
a new building regulated by Part 9 of the Building Code, containing a
major occupancy to which the Energy Step Code applies, must be
designed, and constructed to meet or exceed the performance
requirements specified in Step 5 of the Energy Step Code for new
residential buildings 420.1 m2 (4522 sq ft) or greater, or Step 4 if Low
Carbon Energy Systems are incorporated.
3.6.5.3
a new building regulated by Part 9 of the Building Code, containing a
major occupancy to which the Energy Step Code applies, must be
designed, and constructed to meet or exceed the performance
requirements specified in Step 2 of the Energy Step Code for new
commercial buildings.
Bylaw No. 192 - Page 16
3.6.5.4
a new building regulated by Part 3 of the Building Code, containing a
major occupancy to which the Energy Step Code applies, must be
designed, and constructed to meet or exceed the performance
requirements specified in Step 4 of the Energy Step Code for new wood
frame multi-family residential buildings, or Step 3 if Low Carbon Energy
Systems are incorporated.
3.6.5.5
a new building regulated by Part 3 of the Building Code, containing a
major occupancy to which the Energy Step Code applies, must be
designed, and constructed to meet or exceed the performance
requirements specified in Step 4 of the Energy Step Code for new
complex concrete multi-family residential and commercial buildings or
Step 3 if Low Carbon Energy Systems are incorporated.
Bylaw No. 192 - Page 17
PART 4 - PROHIBITIONS AND OBLIGATIONS
4.1
GENERAL
4.1.1 Work Without Permits
No person shall erect, construct, alter, repair, add to, move or demolish any building
or structure or other work related to construction or deconstruction unless a
Building Official has issued a valid and subsisting Permit for the work.
4.1.2 Demolish
No person shall demolish or deconstruct a building or structure unless a
Building Official has issued a valid and subsisting building permit for the work.
4.1.3 Occupancy
No person shall occupy or use any building or structure unless a valid and
subsisting conditional certificate of occupancy or certificate of occupancy has been
issued by a Building Official for the building or structure, or contrary to the terms
of any permit issued or any notice given by a Building Official.
4.1.4 Tampering with Notices
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.
4.1.5 Approved Plans
No person shall do any work that is substantially 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 accepted in writing by a
Building Official.
4.1.6 Obstruction to Entry
No person shall obstruct the entry of a Building Official or other authorized official
of the District of Highlands on a property in the administration of this bylaw.
4.1.7 Cessation of Work
No person shall continue to do any work upon a building or structure or any portion
of it after the Building Official has ordered cessation or suspension of work on it.
4.1.8 Contrary
No person shall do any work or carry out any construction contrary to a provision or
requirement of this bylaw, the Building Code or any other applicable enactment.
Bylaw No. 192 - Page 18
4.2
BUILDING OFFICIALS
4.2.1 Each Building Official shall
a)
administer this bylaw;
b)
keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and shall retain copies of all documents related
to the administration of this bylaw;
4.2.2 Authority
The Building Official:
a)
is hereby authorized to enter, at all reasonable times, upon any property
subject to the regulations of this bylaw and the Building Code, in order to
ascertain whether the regulations of or directions under them are being
observed;
b)
is directed, where any building is occupied, to obtain the consent of the
occupant or provide written notice twenty-four hours in advance of entry
pursuant to Section 4.2.2 (a);
c)
may order the correction of any work which is being or has been improperly
done under any permit;
d)
may order the cessation of work that is proceeding in contravention of this
bylaw, the Building Code or any other applicable bylaw by advising the permit
holder by letter or by a written notice posted adjacent to the work;
e)
may direct that tests of materials, devices, construction material, structural
assemblies, or foundation conditions be undertaken, or sufficient evidence be
submitted, at the expense of the owner, where such tests or evidence are
necessary to determine whether the materials, devices, construction materials
or foundations meet the requirements of this bylaw, the Building Code, or any
other applicable enactment. The records of such tests or evidence shall be
kept available for inspection during the construction of the building as
required by the Building Official.
4.3
RESPONSIBILITY OF THE OWNER
4.3.1 Every owner shall ensure that all construction complies with the Building Code, this
bylaw and other applicable enactments.
Bylaw No. 192 - Page 19
4.3.2 Every owner to whom a permit is issued shall, during construction:
a)
post and maintain the permit in a dry and conspicuous place on the
property in respect of which the permit was issued;
b)
keep a copy of the accepted designs, plans and specifications on the
property; and
c)
post the civic address on the property in a location visible from an
adjoining street.
4.3.3 Every owner shall, when notified of deficiencies by the Building Official, perform
such alterations, corrections or replacements as may be necessary to ensure the
work complies with this bylaw, the Building Code, or any other applicable
enactments , and advise the Building Official when the work is ready for re
inspection.
4.3.4 Every owner shall, upon completion of the foundation , but prior to framing of a
building, provide to the District of Highlands, a certified survey certificate, indicating
the setbacks of the structure from all property lines and any other information the
Building Official may require.
4.4
PROFESSIONAL DESIGN AND FIELD REVIEW
4.4.1 When a Building Official considers that the site conditions or complexity of a
development or an aspect of a development warrant, he or she may require an
appropriate registered professional to provide design and plan certification and field
review supported by letters of assurance in the form of Schedules B-1 and B-2
referred to in Section 2.6 of Part 2 of the Building Code.
4.4.2 Prior to the issuance of an certificate of occupancy for a Complex Building, or
Simple Building in circumstances where letters of assurance have been required in
accordance with sections 3.3.4 or 4.4.1 of this bylaw, the owner shall provide the
Building Official with letters of assurance in the form of Schedules C-A and C-B, as
is appropriate, referred to in section 2.6 of Part 2 of the Building Code.
4.4.3 When a registered professional provides letters of assurance in accordance with
sections 3.3.4 and 4.4.1 of this bylaw, he or she shall also provide proof of
professional liability insurance to the Building Official.
Bylaw No. 192 - Page 20
4.5
INSPECTIONS
4.5.1 When a registered professional provides letters of assurance in accordance with of
this bylaw, the District of Highlands will rely solely on field reviews undertaken by the
registered professional and the letters of assurance submitted pursuant to of this
bylaw as certification that the construction substantially conforms to the design,
plans and specifications and that the construction complies with the Building Code,
this bylaw and other applicable enactments.
4.5.2 Notwithstanding section 4.5.1 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
professional.
4.5.3 A Building Official may attend periodically at the site of the construction of
Complex Buildings or structures to ascertain whether the health and safety
aspects of the work are carried out in substantial conformance with the applicable
portions of the Building Code, this bylaw and any other applicable enactment.
4.5.4 The owner, or his or her representative, shall give at least 24 hours notice to the
District of Highlands when requesting an inspection of the following aspects of the
work and, in the case of Simple Buildings, shall obtain an inspection and receive a
Building Official's acceptance prior to concealing any aspect of the following work:
a)
the foundation and footing forms, before concrete is poured;
b)
installation of perimeter drain tiles and damp-proofing, prior to backfilling;
c)
rough-in of all chimneys and fireplaces and solid fuel burning appliances;
d)
rough-in plumbing;
e)
framing;
f)
second plain of protection, including building paper and wraps, wire and mesh,
and rainscreen and flashings;
(**replaced by Bylaw No. 439, adopted July 15, 2024)
g)
first coat and second coat of stucco;
(**replaced by Bylaw No. 439, adopted July 15, 2024)
h)
insulation, and air and vapour barriers;
(**added by Bylaw No. 439, adopted July 15, 2024)
i)
fire rated drywall in fire rated separations;
(**added by Bylaw No. 439, adopted July 15, 2024)
j)
health and safety aspects of the work prior to occupancy.
(**added by Bylaw No. 439, adopted July 15, 2024)
4.5.5 The requirements of section 4.5.4 of this bylaw do not apply to any aspect of the
work that is the subject of a registered professional's letter of assurance provided in
accordance with sections 3.3.4, 4.4.1 and 4.4.2 of this bylaw.
Bylaw No. 192 - Page 21
PART 5 - ADMINISTRATIVE PROVISIONS
5.1
PENALTIES AND ENFORCEMENT
5.1.1 Stop Work Notice
A Building Official may order the cessation of any work that is proceeding in
contravention of the Building Code or this bylaw by posting a Stop Work Notice.
a)
The owner of property on which a Stop Work Notice has been posted, and
every other person, shall cease all construction work immediately and shall
not do any work until all applicable provisions of this bylaw have been
substantially complied with and the Stop Work Notice has been rescinded in
writing by the Building Official.
b)
Every person who commences work requiring a permit without first obtaining
such a permit shall, if a Stop Work Notice is issued, pay an additional charge
equal to 100% of the required permit fee prior to obtaining the required
Building Permit.
5.1.2 Do Not Occupy
Where a person occupies a building or structure or part of a building or structure in
contravention of section 4.1.3 of this bylaw a Building Official may post a Do Not
Occupy notice on the affected part of the building or structure.
5.1.3 Penalty
Every person who contravenes any provision of this bylaw commits an offense
punishable on summary conviction and shall be liable to a fine of not more than
$10,000 (ten thousand dollars) or to imprisonment for not more than six months, or
both.
PART 6 - GENERAL
6.1
APPENDICES
The appendices annexed hereto shall be deemed to be an integral part of this bylaw.
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
- Building Permit Application (**amended by Bylaw No. 439, adopted
July 15, 2024)
- Mobile Home (Information Sheet)
- Fireplace-Chimney-Wood Stove-Oil Furnace Application
- Plumbing Permit Application (Residential)
- Plumbing Permit Application (Commercial)
Bylaw No. 192 - Page 22
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K, L
Appendix M
Appendix N
- Demolition-Deconstruction Permit Application
- Building Permit (**amended by Bylaw No. 439, adopted July 15,
2024)
- Certificate of Occupancy (**amended by Bylaw No. 439, adopted
July 15, 2024)
- Conditional Certificate of Occupancy (**amended by Bylaw No.
439, adopted July 15, 2024)
- Permit Fees Schedule
- Construction Values
- Owner's Undertaking (**added under Bylaw No. 439, adopted July
15, 2024)
- Owner's Declaration (**added under Bylaw No. 439, adopted July 15,
2024)
6.2
SEVERABILITY
If any section of this bylaw is for any reason held to be invalid, by the decision of any
court, such decision shall not affect the validity of the remaining portions of this bylaw.
6.3
REPEAL
The following District of Highlands Bylaws are hereby repealed:
The District of Highlands Building Regulation Bylaw No. 61, 1995
The District of Highlands Building Regulation Amendment Bylaw No. 78, 1996
The District of Highlands Building Regulation Amendment Bylaw No. 158, 2001
The District of Highlands Building Regulation Amendment Bylaw No. 163, 2001
READ A FIRST TIME THIS
17TH
day of
NOVEMBER 2003
READ A SECOND TIME THIS
READ A THIRD TIME THIS
17TH
17TH
day of
day of
NOVEMBER 2003
NOVEMBER 2003
ADOPTED THIS