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CITY OF KAMLOOPS
BUILDING REGULATION BYLAW NO. 11-84
Effective Date - April 1, 2025
Consolidated for Convenience Only
This is a consolidation of "Building Regulation Bylaw No. 11-84, 2025". The amendment
bylaws listed below have been combined with the original bylaw for convenience only. This
consolidation is not a legal document. The original bylaws should be consulted for all
interpretations and applications on this subject.
Amendment Bylaw
Effective Date
Bylaw No. 44-13
Consequential amendments due to adoption of
Fees and Charges Bylaw No. 44-14.
July 29, 2025
The bylaw numbers in the margins of this consolidation refer to the bylaws that amended the
principal bylaw "Building Regulation Bylaw No. 11-84, 2025".
CITY OF KAMLOOPS
BUILDING REGULATION BYLAW NO. 11-84, 2025
A BYLAW FOR THE ADMINISTRATION OF THE BUILDING CODE AND
THE REGULATION OF CONSTRUCTION
The Municipal Council of the City of Kamloops, in open meeting assembled, hereby enacts
as follows:
PART 1
TITLE
1.1
This bylaw may be cited as "Building Regulation Bylaw No. 11-84, 2025".
1.2
City of Kamloops Building Regulations By-law No. 11-80, 2006, and all amendments
thereto are hereby repealed.
PART 2
TABLE OF CONTENTS
Contents
PART 1
TITLE .................................................................................................................. 2
PART 2
TABLE OF CONTENTS ...................................................................................... 2
PART 3
SEVERABILITY ................................................................................................... 3
PART 4
INTERPRETATION ............................................................................................. 3
PART 5
PURPOSE OF THE BYLAW ............................................................................... 8
PART 6
SCOPE AND EXEMPTIONS ............................................................................... 9
PART 7
PROHIBITIONS ................................................................................................. 11
PART 8
POWERS OF A BUILDING OFFICIAL .............................................................. 12
PART 9
OWNER'S RESPONSIBILITIES ........................................................................ 15
PART 10 OBLIGATIONS OF OWNER'S CONSTRUCTOR .............................................. 18
PART 11 REGISTERED PROFESSIONAL'S RESPONSIBILITIES .................................. 18
PART 12 CONDITIONS OF PERMIT................................................................................ 22
PART 13 PERMIT APPLICATION REQUIREMENTS FOR SIMPLE AND COMPLEX
BUILDINGS ........................................................................................................................ 23
PART 14 BUILDING MOVE PERMIT................................................................................ 44
PART 15 DEMOLITION PERMITS ................................................................................... 46
PART 16 FIRE ALARM PERMITS .................................................................................... 48
PART 17 COMMERCIAL MECHANICAL VENTILATION PERMITS ................................ 48
PART 18 PLUMBING AND FIRE SUPPRESSION PERMITS ........................................... 49
PART 19 POOL PERMITS ............................................................................................... 50
PART 20 RETAINING WALLS AND GRADES ................................................................. 53
BYLAW NO. 11-84
PAGE 3
PART 21 SOLAR HOT WATER & PHOTOVOLTAIC SOLAR PANEL PERMIT ................ 54
PART 22 TEMPORARY BUILDING PERMIT .................................................................... 55
PART 23 CRANE PERMIT .............................................................................................. 56
PART 24 STORAGE RACKING PERMIT ......................................................................... 57
PART 25 SOLID FUEL BURING APPLIANCE PERMIT .................................................... 58
PART 26 ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS .................................... 59
PART 27 FIRE FIGHTING WATER SUPPLY FOR PART 9 SIMPLE BUILDINGS ............ 59
PART 28 CLIMATIC DATA ............................................................................................... 59
PART 29 ENERGY CONSERVATION and GHG EMISSIONS REDUCTION .................... 60
PART 30 NUMBERING OF BUILDINGS ........................................................................... 61
PART 31 TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION.............. 61
PART 32 OFFENCES AND ENFORCEMENT .................................................................. 63
PART 33 UNSAFE CONDITIONS ..................................................................................... 64
PART 34 IN FORCE ......................................................................................................... 64
PART 3
SEVERABILITY
3.1
If a section, subsection, paragraph, subparagraph or phrase in this bylaw is for any
reason declared invalid by a court of competent jurisdiction, the decision will not
affect the validity of the remaining portions of this bylaw.
PART 4
INTERPRETATION
4.1
Every reference to this bylaw in this or another bylaw of the City is a reference to this
bylaw as amended to the date of the reference.
4.2
Every reference to:
(a)
the Building Code is a reference to the current edition as of the date of
application for the Building Permit, and
(b)
a section of the Building Code is a reference to the applicable successor
sections, as the code or section may be amended or re-enacted from time to
time.
4.3
Where any provincial act or regulation or any other City bylaw may apply to any
matter covered by this bylaw, compliance with this bylaw shall not relieve the Owner
or their Agent from complying with provisions of such other act, regulation or bylaw.
BYLAW NO. 11-84
PAGE 4
4.4
Definitions of words and phrases used in this bylaw that are not included in the
definitions in this part have the meanings commonly assigned to them in the context
in which they are used in this bylaw, considering the specialized use of terms with
the various trades and professions to which the terminology applies.
Definitions
4.5
In this bylaw the following words and terms have the meanings as set out in the
Building Code as of the date of the adoption of this bylaw:
(a)
Section 1.2.1.1: alternative solutions;
(b)
Section 1.4.1.2.: accessible, assembly occupancy, building area, building
height, business and personal services occupancy, care occupancy,
Constructor, Coordinating Registered Professional, designer, detention
occupancy, excavation, field review, firewall, first storey, grade, high hazard
industrial occupancy, industrial occupancy, low hazard industrial occupancy,
major occupancy, medium hazard industrial occupancy, mercantile
occupancy, occupancy, post-disaster occupancy, private sewage disposal
system, registered professional, residential occupancy, treatment occupancy,
or unsafe condition.
4.6
In this bylaw, all words or phrases shall have their common meaning except where
changed, modified, or expanded by the definitions set forth in this section.
"Accepted" means, in respect of the functions of the Building Official, reviewed by the
Building Official under the applicable provisions of the Building Code and this bylaw.
"Addition" means an Alteration to any Building which will increase the total aggregate
floor area or the building height (in storeys) and includes the provision of two or more
separate buildings with openings between each other for intercommunication, as well
as any addition to a plumbing system by adding any new plumbing fixtures, plumbing
systems, or piping systems.
"Agent" includes a firm, corporation, or other person representing the Owner by
written designation or contract and includes a hired tradesperson or Constructor who
may be granted a Permit for Work within the limitations of their licence.
"Alteration" means a change, repair or modification of the Construction or
arrangement of or use of any Building or Structure, or to an occupancy regulated by
this bylaw, as well as any change, repair, relocation, removal, or modification of
plumbing On-site Services, plumbing systems or piping systems.
"Building" means any Construction used or intended for supporting or sheltering any
use or occupancy, including a Mobile Home.
"Building Official" means the person designated in or appointed to that position by
the City and other such person or persons as they may designate from time to time
as their assistants.
BYLAW NO. 11-84
PAGE 5
"Change of Use or Occupancy" means changing the use of a Building, or portion of a
building, to an alternative use, even if no Construction or Alterations are anticipated.
"City" means the City of Kamloops.
"Complex Building" means
(a)
a Building used for a major occupancy classified as:
(i)
assembly occupancy;
(ii)
care or detention occupancy;
(iii)
high-hazard industrial occupancy;
(iv)
treatment occupancy;
(v)
or post-disaster building.
(b)
a Building exceeding 600m2 in building area or exceeding three storeys in
building height used for a major occupancy classified as:
(i)
residential occupancy;
(ii)
business and personal services occupancy;
(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy.
"Construct" or "Construction" includes to build, erect, install, repair, alter, add,
enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate, or shore.
"Crane" means a machine (either freestanding or self-erecting) for raising, shifting,
and lowering heavy weights by means of a projecting swinging arm or with the
hoisting apparatus supported on an overhead track
"Existing", in respect of a Building, means the portion of a building constructed prior
to the submission of a Permit application required under this bylaw.
"Expire" means a condition of Permit issuance where the rights of the Owner under
that Permit are terminated, typically through the passage of time.
"Flood Plain", means a parcel of land or portion of any parcel of land lying at an
elevation equal to or less than the flood Construction level as established by the City
of Kamloops bylaws.
"Foundation" means a system or arrangement of foundation units through which the
loads from a Building are transferred directly to supporting soil or rock and includes
any portion of the exterior walls of a Building that lie below the finished grade
immediately adjacent to the Building.
"GHG" means greenhouse gas, which includes a wide range gases that trap heat in
the atmosphere increasing the average temperature and causing climate change.
"Health and Safety Aspects of the Work" means design and Construction regulated
by Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to
Parts 1 and 2 in relation to Parts 3 through 10, Division B.
BYLAW NO. 11-84
PAGE 6
"Hot Tub" means a Structure or Constructed depression used or intended to be used
for swimming, bathing, or wading, which is designed to contain water and has a
depth, at any point, exceeding 600mm, including an in-ground Pool and Hot Tub to a
maximum area of 7.5 m2.
"Inter-modal Containers" means a large metal box, in the shape of a rectangular
parallelepiped, designed and used to transport goods from one port to another by
road, rail, sea, or air, also called freight shipping; except when used for storage it is
considered a Structure, as defined by this bylaw.
"Manufactured Home" means a factory-built home constructed to the requirements of
the CSA-Z240MH Series-16 or any preceding or replacement standard, which is also
known as a prefabricated home.
"Modular Home" means a home conforming to the requirements of the CSA A277-
Procedure for certification of prefabricated buildings, modules, and panels or any
preceding or replacement standard for certified factory-built homes, which is also
known as a prefabricated home.
"Monitored" means the method by which a Building Official may review the process
of field reviews as conducted by registered professionals pursuant to the Building
Code and this bylaw and other applicable enactments:
(a)
the monitoring function is satisfied by the Building Official's receipt of the
applicable letters of assurance submitted by the registered professional and
as referred to in Section 2.6 of Part 2 of the Building Code;
(b)
although a Building Official may review registered professionals' field
inspection reports to ascertain field review frequency or visit a site from time
to time to verify that registered professional field reviews are taking place, the
Building Official is under no duty to do so;
(c)
monitoring does not include assessment of compliance with the Building
Code, this bylaw or any other enactments, or the approval of any aspect of
Construction.
"On-site Services" means utilities and features, which provide for servicing a Project
within the property on which it is located and includes water service piping and
distribution systems, storm and sanitary sewer collection, access roads, natural gas,
electric, and communication cables.
"Off-site Services" means services required pursuant to the City Subdivision and
Development Control Bylaw of the day that are required to be located on a public
road, public land, or statutory right-of-way at final approval of the subdivision or
development.
BYLAW NO. 11-84
PAGE 7
"Owner" means the registered Owner of an estate in fee simple of land, or an Agent
duly authorized by the Owner in writing in the prescribed form, and where the context
or circumstances so require:
(a)
a tenant for life under a registered life estate;
(b)
a registered holder of an agreement for sale;
(c)
a holder or occupier of land held in the manner in accordance with the
Community Charter; or
(d)
a lessee with authority to build on land.
"Permit" means permission or authorization in writing by the Building Official to
perform Work regulated by this bylaw and, in the case of an occupancy inspection
notice, to occupy a Building or part of a Building.
"Pool" means a Structure or Constructed depression used or intended to be used for
swimming, bathing, wading, or diving, which is designed to contain water and has a
depth, at any point, exceeding 600mm, including an in-ground Pool and Hot Tub;
"Professional Design" means the plans and supporting documents bearing the date,
seal or stamp, and signature of a registered professional.
"Project" means any Construction operation.
"Qualified Plumber" means a person who holds a current Certificate of Qualification
issued by the Province of British Columbia as a journeyman plumber for which a
statement of compliance and assurance is being provided pursuant to the Certificate
of Plumbing Test.
"Retaining Wall" means any Structure other than a Building that holds or retains soil
or other earth material behind it.
"Simple Building" means a Building of three storeys or less in building height, having
a building area not exceeding 600m2 and used for a major occupancy classified as:
(a)
residential occupancy;
(b)
business and personal services occupancy;
(c)
mercantile occupancy; or
(d)
medium and low hazard industrial occupancy.
"Step Code" means the BC Energy Step Code as referenced in the British Columbia
Building Code Section 9.36.6 as amended from time to time.
"Storage Racking" means free-standing, floor-mounted, storage racks containing
materials typically loaded by forklift, with or without pallets.
BYLAW NO. 11-84
PAGE 8
"Structure" means Construction or portion of Construction, of any kind, whether fixed
to, supported by or sunk into land, airspace or water, and includes Foundations or
supporting framework for exterior signs, equipment and machinery, interior storage
racking greater than 2.6 m in height, tents, Retaining Walls, Inter-modal Containers,
and Pool fences, but specifically excludes paving, fences and landscaping.
"Temporary Building" includes any temporary sales office, Construction office or a
Structure in which tools are stored during Construction of a Building or other
Structure.
"Work" means the same as Construct or Construction as defined in this bylaw.
PART 5
PURPOSE OF THE BYLAW
5.1
Despite any other provisions in this bylaw, this bylaw must be interpreted in
accordance with this part.
5.2
Every Permit issued under this bylaw is issued expressly subject to the provisions of
this part.
5.3
This bylaw is enacted to regulate, prohibit, and impose requirements in regard to
Construction in the City in the public interest.
5.4
The purpose of this bylaw does not extend to:
(a)
the protection of Owners, designers, Constructors, or any other persons from
economic loss;
(b)
the assumption by the City or any Building Official of any responsibility for
ensuring the compliance by any Owner, Owner's Agents or any employees,
Constructors or designers retained by the Owner, with the Building Code, the
requirements of this bylaw, or other applicable enactments, codes or
standards;
(c)
providing any person with a warranty of design or workmanship with respect
to any Building or Structure for which a Building Permit or occupancy Permit
is issued under this bylaw;
(d)
providing any person with a warranty or assurance that Construction
undertaken under Building Permits issued by the City is free from latent, or
any, defects; or
(e)
the protection of adjacent real property from incidental damage or nuisance.
BYLAW NO. 11-84
PAGE 9
PART 6
SCOPE AND EXEMPTIONS
Application
6.1
This bylaw applies to the geographical area of the City and to land, the surface of
water, air space, Buildings, or Structures in the City.
6.2
This bylaw applies to the design, Construction, and occupancy of new Buildings or
Structures; and the Alteration, reconstruction, demolition, removal, relocation, or
occupancy or change of use or occupancy of existing buildings and Structures,
including Farm Buildings as regulated by the National Farm Code.
6.3
Metric units are used for all measurements in this bylaw; however, where necessary
the approximate equivalent of those units in commonly used units of imperial
measure (feet, inches, etc.) are shown in brackets following each metric
measurement and such bracketed figures are included for convenience only and do
not form part of this bylaw. Any ambiguity, conflict, or inconsistency between the
metric measurements and the imperial measurements will be resolved by giving
precedence to the metric measurements.
6.4
This bylaw does not apply to:
(a)
a fence, except as set out in Part 19 of this bylaw;
(b)
an accessory building with a floor area of less than 10m2 and does not
contain electrical or plumbing facilities;
(c)
a trellis or arbour;
(d)
a Retaining Wall supporting soil that is:
(i)
less than 1.2m in height;
(ii)
a sequence of Retaining Walls, where each Retaining Wall is less
than 1.2m in height and is spaced greater than two horizontal to one
vertical; or
(iii)
in the opinion of the Building Official does not constitute a potentially
unsafe condition;
(e)
landscaping or other surfacing of land, except when creating a public parking
lot;
(f)
bridges other than pedestrian and vehicular bridges attached to Buildings;
(g)
docks or wharves;
(h)
decks or patios which are less than 600mm from the ground or finished
grade, which are not attached to a Building and have no walls or roofs;
(i)
Manufactured Homes and components complying with CAN/CSA-Z240 MH
Series standard, but this exemption does not extend to on-site preparations
(Foundations, anchorage), connection to services and installation of
appliances;
(j)
repair and maintenance of lawfully conforming Structures where the level of
life safety and building performance shall not be decreased below a level that
already exists;
BYLAW NO. 11-84
PAGE 10
(k)
the cleaning or repair of mechanical heating and ventilation systems other
than commercial ventilation systems; and
the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures,
or the replacement of tubs, showers, toilets, lavatories or sinks if the Work
does not involve or require the rearrangement of valves, pipes or fixtures, or
hot water tanks;
(l)
a Storage Racking system less than 2.4m in height that is not machine
loaded
Limited Application to Existing Buildings
6.5
Except as provided in the Building Code or to the extent an Existing Building is under
Construction or does not have an occupancy Permit, when an Existing Building has
been constructed before the enactment of this bylaw, the enactment of this bylaw
shall not be interpreted to require the building be reconstructed or altered, unless it is
expressly so provided by this or another bylaw, regulation, or statute.
6.6
This bylaw applies if the whole or any part of an Existing Building is moved either
within or into the City, including relocation relative to parcel lines created by
subdivision or consolidation.
6.7
If an Alteration is made to an Existing Building, the Alteration shall comply with this
bylaw and the Building Code and the entire Building shall be made to comply with
this bylaw and the Building Code, but only to the extent necessary to address any
new health and safety issues in the remainder of the Building as a result of the
Alteration.
6.8
If an Alteration creates an Addition to an Existing Building, the Alteration or Addition
shall comply with this bylaw and the Building Code and the entire Building shall be
made to comply with this bylaw and the Building Code, but only to the extent
necessary to address any new health and safety issues introduced in the remainder
of the Building as a result of the Alteration or Addition.
6.9
If an Alteration is made to an Existing Building, its plumbing system or fire
suppression system, the Alteration shall comply with this bylaw and the building
code.
6.10
Where a building is damaged by fire, decay, storm, or otherwise to an extent greater
than 75% of its assessed value upon its Foundations unless in every respect the
whole of the building is made to comply with the Building Code.
BYLAW NO. 11-84
PAGE 11
PART 7
PROHIBITIONS
7.1
A person shall not commence or continue any Construction, Alteration, excavation,
reconstruction, demolition, removal, relocation, or change the use or occupancy of
any Building or Structure, including other Work related to Construction:
(a)
except in conformity with the requirements of the Building Code and this
bylaw; and
(b)
unless a Building Official has issued a valid Permit for the Work under this
bylaw.
7.2
A person shall not occupy or Permit the occupancy of any Building or Structure or
part of it thereof:
(a)
unless a valid occupancy inspection notice has been issued by a Building
Official; or
(b)
in contrary to the terms of any Permit issued or any notice given by a Building
Official.
7.3
A person shall not knowingly submit false or misleading information to a Building
Official in relation to any Permit application or Construction undertaken pursuant to
this bylaw.
7.4
Except in accordance with this bylaw, a person shall not erase, alter, or modify plans
and supporting documents filed for reference with the Building Official, including
acceptance of revised plans or supporting documents after the same has been
accepted by the Building Official or a Permit has been issued.
7.5
A person shall not reverse, alter, deface, cover, remove, or in any way tamper with
any notice, Permit, or certificate posted or affixed to a Building or Structure pursuant
to this bylaw unless authorized in writing by a Building Official.
7.6
A person shall not do any Work that is substantially at variance with the Accepted
design or plans of a Building, Structure, or other Works for which a Permit has been
issued unless that variance has been authorized in writing by a Building Official.
7.7
A person shall not interfere with or obstruct the entry of a Building Official or other
authorized City official on property in the administration of this bylaw.
7.8
A person shall not Construct on a parcel unless the civic address is conspicuously
posted on the front of the premises or on a signpost so it may be easily read from the
public highway from which it takes its address.
7.9
A person shall not change the use, occupancy or both of a Building or Structure or a
part of it without first applying for and obtaining a Building Permit under this bylaw.
7.10
A person shall not cover or conceal any Works required to be inspected under this
bylaw without first obtaining written acceptance from a Building Official.
BYLAW NO. 11-84
PAGE 12
7.11
A person shall not continue any Work if a Stop Work Order is posted by a Building
Official other than the remedial actions required by the notice.
7.12
A person shall not occupy a Building, Structure, or part of it if a Do Not Occupy
Notice is posted by a Building Official.
7.13
A person shall not allow loose or blowing debris and all projects shall be subject to a
continuous and effective program of dust control during the various phases of
Construction.
7.14
A person shall not alter, allow, or cause damage to municipal Works or property.
7.15
A person shall not allow Work to extend outside the boundaries of the property on
which the Work is or is to be located and ensure that the Work does not adversely
affect adjacent properties.
7.16
A person shall not place water within a Pool until a swimming Pool fence or
equivalent temporary barrier inspected and Accepted by a Building Official is put in
place.
7.17
A person shall not allow a direct connection to be made between any sewer or any
other drainage system and any line connected to a Pool.
7.18
A person shall not allow a Pool to be designed with a direct connection from the
domestic water supply below the flood level of the Pool unless protected by an
approved backflow prevention device.
7.19
A person shall not allow a Building or Structure to be occupied if the supply of
electricity or natural gas has been disconnected due to a hazardous or potentially
hazardous situation existing in the Building or Structure or part thereof and the
supply of electricity or natural gas to the Building or Structure shall not be
reconnected and the Building or Structure shall not be used or occupied until allowed
by a Building Official.
7.20
A person shall cease work or request a Permit extension within 30-days of the Permit
expiration date.
PART 8
POWERS OF A BUILDING OFFICIAL
Administration
8.1
Words defining the authority of Building Officials are to be construed as internal
administrative powers and not as creating a duty.
8.2
A Building Official may:
(a)
administer this bylaw, but owes no public duty to enforce or administer this
bylaw;
(b)
keep records of applications received, Permits, notices; and orders issued,
inspections, and tests made, and may retain copies of all digital, or hard copy
papers, and documents connected with the administration of this bylaw;
BYLAW NO. 11-84
PAGE 13
(c)
establish or require an Owner to establish whether a method or type of
Construction or material used in the Construction of a Building or Structure
complies with the requirements and provisions of this bylaw and the Building
Code;
(d)
direct that tests of materials, equipment, devices, Construction methods,
structural assemblies or Foundations be carried out, or that sufficient
evidence or proof be submitted by the Owner, or at the Owner's sole
expense, where such evidence or proof is necessary to determine whether
the material, equipment, device, Construction or Foundation condition
complies with this bylaw and the Building Code; and
(e)
carry proper credentials confirming their status as a Building Official.
8.3
In instances where a Building Permit is applied for on land having no access to a City
approved water supply system, the Building Official may require that a covenant be
registered against the property as a condition of issuance of a Building Permit.
Refusal and Revocation of Permits
8.4
A Building Official may refuse to issue a Permit where:
(a)
the proposed Work will contravene the requirements of the Building Code or
the provisions of this or any other bylaw of the City, and must state the
reasons in writing;
(b)
the results of the tests on materials, devices, Construction methods,
structural assemblies or Foundation conditions are not satisfactory to the
Building Official;
(c)
the parcel referred to in the Permit application does not
(i)
have vehicular access; or
(ii)
meet requirements of other City bylaws: or
(d)
the applicant or Owner has been notified of a violation of this or any other
bylaw of the City regarding the Construction, occupancy or use of any
Building, Structure or part thereof, and such violation has not been remedied.
8.5
A Building Official may:
8.5.1 revoke a Permit for reasons of a violation of:
(a)
a condition under which the Permit was issued;
(b)
any requirement of the Building Code or of this or another bylaw of the
City;
(c)
the Permit was issued in error;
(d)
cancellation or termination of Homeowner Protection Office
Registration occurs prior to finalization of Permit;
(e)
the Permit was issued based on false or incorrect information; or
BYLAW NO. 11-84
PAGE 14
(f)
the results of any tests carried out pursuant are not satisfactory to the
Building Official.
8.5.2 deliver the revocation of such Permit by a written notice to the Owner.
Right of Entry
8.6
Subject to Section 16 of the Community Charter, a Building Official has the authority
to enter on or into any property at any time to ascertain whether the requirements of
this bylaw are being met or has any reason to believe that an unsafe condition exists.
Powers
8.7
Subject to applicable enactments, a Building Official may, by notice in writing,
require:
(a)
a person or Owner who contravenes any provision of this bylaw to comply
with that provision within the time ordered;
(b)
an Owner to stop Work on a Building or Structure, or any part thereof, if the
Work is proceeding in contravention of this bylaw, the Building Code, or any
other enactment of the City or other applicable enactments, or if there is
deemed to be an unsafe condition, and may enter any property to affix or
post a stop Work order in the prescribed form;
(c)
an Owner to remove or prevent any unauthorized encroachment on a public
parcel, a statutory right of way or easement, or a setback or yard required
under any enactment;
(d)
an Owner to remove any Building or Structure, or any part thereof,
constructed in contravention of a provision of this bylaw;
(e)
an Owner to have Work inspected by a Building Official prior to covering;
(f)
an Owner to uncover and replace, at the Owner's expense, any Work that
has been covered without inspection contrary to this bylaw or an order issued
by a Building Official;
(g)
a person to cease any use or occupancy in contravention of a provision of
this bylaw;
(h)
a person to cease any use or occupancy if any unsafe condition exists
because of Work being undertaken but not complete and where the Building
Official has not issued an occupancy inspection notice for the Work;
(i)
an Owner to correct any unsafe condition; and
(j)
an Owner to correct any Work that contravenes this bylaw, the Building Code,
or any other enactment.
8.8
Every reference to "owner" in section 8.7 includes a reference to the owner's agent
or constructor.
BYLAW NO. 11-84
PAGE 15
8.9
Every person served with a notice under this part must comply with that notice at the
time of issue or by the date listed on the order.
PART 9
OWNER'S RESPONSIBILITIES
Owner's Obligations
9.1
Subject to Part 12 of this bylaw, every Owner must apply for and obtain a Permit,
prior to:
(a)
Construction or replacement of new Buildings and Structures, including
Manufactured and Modular Homes;
(b)
Additions to Buildings or Structures;
(c)
Interior and exterior Alterations of Buildings and Structures, including racking;
(d)
Construction of Foundations for, and installation of, Manufactured Homes;
(e)
Installation of plumbing systems;
(f)
Alterations and Additions to plumbing systems, including the installation of
solar hot water systems;
(g)
Installation and Alteration of fire alarm systems and fire protection sprinkler
systems;
(h)
Installation of Temporary Buildings, including fabric-covered structures;
(i)
Installation or Alteration of mechanical exhaust and fire protection systems for
commercial cooking equipment pursuant to NFPA 96 Ventilation Control and
Fire Protection of Commercial Cooking Operations;
(j)
Installation or Alteration of spray booths or spray room equipment pursuant to
NFPA 33 and wood dust collection to systems to NFPA 664;
(k)
Construction, installation, Alteration, or removal of chimneys or fireplaces;
(l)
Installation of solid fuel burning appliances;
(m)
Installation of a Pool, Retaining Walls, and site grading;
(n)
Installation of an onsite freestanding Crane; and
(o)
Construction, Additions, or Alterations of On-site Services for Manufactured
Home parks, campgrounds, recreation vehicle parks, or Strata properties.
9.2
Every Owner shall:
(a)
comply with the Building Code, the requirements of this bylaw, and the
conditions of a Permit, and shall not omit any Work required by the Building
Code, this bylaw, or the conditions of a Permit;
(b)
ensure that all Permits, plans, specifications, and supporting documents on
which a Permit is based; all municipal inspection certificates; and all
professional field reviews are available at the site of the Work for inspection
during working hours of the Building Official, and that all Permits are posted
conspicuously on the site during the entire execution of the Work; and
BYLAW NO. 11-84
PAGE 16
(c)
prior to the issuance of a Building Permit, execute and submit to the City an
Owner's undertaking in the prescribed form, where required by the Building
Official.
9.3
None of the issuance of a Permit under this bylaw, the review of plans and
supporting documents, or inspections made by a Building Official or a registered
professional shall 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
codes, standards, and enactments.
9.4
Every Owner shall allow a Building Official to enter any Building or premises at any
reasonable time to administer and enforce this bylaw.
9.5
Every Owner to whom a Permit is issued shall, during Construction:
(a)
post a civic address on the property so that it may be easily read from the
public highway from which the property takes its address;
(b)
post the Permit placard on the property so that it may be easily read from the
public highway from which the property takes its address;
(c)
provide Building Officials with safe access to the Work site and all areas
requiring inspection; and
(d)
ensure the Construction site is maintained free of loose or blowing debris and
is subject to a continuous and effective program of dust control during the
various phases of Construction.
Damage or Alterations to Municipal Works
9.6
Every Owner to whom a Permit is issued shall be responsible for the cost to repair
any damage or non-authorized alterations to municipal works or land that occurs
during and arises directly or indirectly from the Work authorized by the Permit.
(44-13)
9.7
In addition to payment of a security deposit required under the City of Kamloops
Fees and Charges Bylaw No. 44-14, every Owner shall be responsible for the cost of
repairing and cleaning up of any damage to the City's municipal Works or property
that occurs during and arises directly or indirectly from the Work authorized by the
Permit. In the event of damage:
(a)
the Owner shall pay to the City, within 30 days of receiving an invoice for
same from the City and prior to Occupancy, the cost to repair any damage to
public property or Works located on public property arising directly or
indirectly for which a Permit was issued; and
(b)
if the invoice for the cleanup is not paid within 30 days, the amount will be
added to the Owner's property taxes.
BYLAW NO. 11-84
PAGE 17
Notice
9.8
Every Owner shall provide a written or online notice to a Building Official of the date
on which the Owner intends to begin such Work at least 24 hours prior to
commencing Work at a Building site.
9.9
Every Owner shall provide a written or online notice to a Building Official of any
change in or termination of engagement of a registered professional, including
Coordinating Registered Professional, during Construction, within 24 hours of when
the change or termination occurs.
9.10
If an Owner or a Registered Professional terminates the engagement of the
Registered Professional, including a Coordinating Registered Professional, the
Owner shall terminate all Work under a Building Permit until the Owner has engaged
a new Registered Professional, including a Coordinating Registered Professional,
and has delivered to a Building Official new letters of assurance in the form of a
Schedule A and or B as outlined in the Building Code.
9.11
Without limiting Sections 13.38 to 13.44 of this bylaw, every Owner shall provide at
least 24 hours of online or written notice to a Building Official:
(a)
of intent to do Work that is required or ordered to be corrected during
Construction;
(b)
of intent to cover Work that is required under this bylaw to be, or has been
ordered to be inspected prior to covering; and
(c)
when Work has been completed so that an occupancy inspection can be
made.
(44-13)
9.12
Every Owner shall provide a notice in writing to a Building Official and pay the non-
refundable fee set out in Fees and Charges Bylaw No. 44-14, as amended or re-
enacted from time to time, immediately upon any change in ownership or change in
the address of the Owner, which occurs prior to the issuance of an occupancy
Permit.
9.13
Every Owner shall provide such other notice to a Building Official as may be required
by the Building Official or by a provision of this bylaw.
9.14
Every Owner shall obtain, prior to the occupancy of a Building or part thereof, written
permission from the Building Official to occupy the building or part thereof, pursuant
to Part 13.
BYLAW NO. 11-84
PAGE 18
PART 10
OBLIGATIONS OF OWNER'S CONSTRUCTOR
10.1
Every Constructor shall ensure that all Construction is done in compliance with all
requirements of the Building Code, this bylaw and all other applicable codes,
standards, and enactments.
10.2
Every Constructor shall ensure that no excavation or other Work is undertaken on
public property and that no public property is disturbed, no Building or Structure
erected, and no materials stored thereon, in whole or in part, without first having
obtained approval in writing from the appropriate authority over such public property.
10.3
For the purposes of the administration and enforcement of this bylaw, every
Constructor is responsible jointly and severally with the Owner for all Work
undertaken.
PART 11
REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
11.1
The provision by the Owner to the City of letters of assurance in accordance with the
requirements of the Building Code shall occur prior to:
(a)
the pre-occupancy site review coordinated by the Coordinating Registered
Professional or other Registered Professional for a Complex Building; or
(b)
an occupancy inspection for a Simple Building in circumstances where letters
of assurance have been required in accordance with the requirements of the
Building Code, in which case the Owner shall provide the City with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, as outlined in
the Building Code.
11.2
If a Registered Professional provides letters of assurance in accordance with the
Building Code, they must also provide proof of professional liability insurance to the
Building Official.
Requirement for a Registered Professional
11.3
The Owner must retain a Registered Professional to provide a Professional Design
and plan certification and letters of assurance in the form of Schedules A, B, C-A and
C-B as referred to in the Building Code, in respect of a Permit application:
(a)
for a Complex Building, prior to the pre-occupancy site review coordinated by
the Coordinating Registered Professional or other registered professional; or
(b)
for a Simple Building, prior to an occupancy inspection in circumstances
where letters of assurance have been required in accordance with the
requirements of the Building Code;
(c)
except for garages, carports, and garden Structures, Foundation, and
excavation components of new Simple Buildings and Additions greater than
55 m2 to Simple Buildings in accordance with the Building Code;
BYLAW NO. 11-84
PAGE 19
(d)
for a building that is designed with common egress systems for the occupants
and requires the use of firewalls in accordance with the Building Code;
(e)
prior to Alterations to a Building, or to a structural component of a Building
described in paragraph (b);
(f)
for a Building in respect of which the Building Official determines that site
conditions, size or complexity so warrant in the interests of safety of persons
or protection of property under the Building Code;
(g)
if the building envelope components of the Building fall under Division B Part
3 of the Building Code, the Building contains more than 5 (five) dwellings, or if
the building envelopes do not comply with the prescriptive requirements of
Division B Part 9 of the Building Code; and
(h)
for a parcel of land on which a Building or Structure is proposed if the
Building Official believes the parcel is or is likely to be within the flood plain,
subject to flooding (including high groundwater), mudflows, debris flows,
debris torrents, erosion, landslip, rock falls, subsidence or avalanche, and the
requirements for a Professional Design is in addition to a requirement under
Division 8 of Part 3 of the Community Charter.
11.4
The Building Official may require any registered professional carrying out the
Professional Design and field review required under Sections 11.1 to 11.3 to provide
evidence that they have experience and expertise in respect of the Professional
Design and field review of the context and scope required and at the discretion of the
Building Official, a peer review may be required prior to the acceptance of any design
or field reviews conducted by a registered professional.
11.5
Where there are three (3) or more registered professionals involved in a Permitted
project, a Schedule A - Confirmation of Commitment by Owner and Coordinating
Registered Professional shall be provided at time of Permit application.
Certified Professional Program
11.6
If an Owner elects to apply for a Building Permit under the City's certified
professional program, then this section 11.6 to 11.16 applies to the design and
Construction of the Building, in addition to the other provisions of this bylaw
11.7
The Building Official may designate a registered professional as a certified
professional subject to the registered professional satisfying the following:
(a)
completion of a course(s) recognized by the Building Official concerning the
Building Code, this bylaw, other bylaws and applicable standards of Building
design, Construction and site review; and
(b)
demonstration of a level of competency on the matters to which paragraph (a)
refers through examination or as otherwise directed by the Building Official.
BYLAW NO. 11-84
PAGE 20
11.8
A certified professional providing the City with forms of assurance, in accordance
with this Part, or with letters of assurance under the Building Code, shall also provide
proof of insurance in an amount and form satisfactory to the City.
11.9
The Building Official may cancel the designation of a registered professional from
practicing as a certified professional in the City if the registered professional:
(a)
is no longer licensed as a registered professional in the Province of British
Columbia;
(b)
fails to demonstrate the level of competence required for designation;
(c)
submits any required documentation, which is in any material way inaccurate
or misleading;
(d)
fails to disclose in a timely manner to the Building Official any significant
variation or change to the design or Construction of a Building; or
(e)
fails to satisfactorily perform any duties or obligations required by this or other
bylaws.
11.10 The Building Official may accept a Building Permit application for processing under
the City's certified professional program, if:
(a)
the Building document plans have been reviewed by the certified professional
for compliance with requirements of the Building Code, relevant bylaws and
standards; and
(b)
the Permit application has been prepared as required under this bylaw and
includes all required letters of assurance and any required confirmations with
respect to the development and certification of Building Code coordination.
11.11 A certified professional shall, in respect of the development for which a Permit was
issued under the City's certified professional program and, in addition to any other
applicable responsibilities:
(a)
conduct a review in advance of any tenancy improvement Building Permit
application or any tenancy improvement Work constructed prior to substantial
completion of the shell of the Building:
(b)
check for adequacy and acceptability of any report concerning testing and
field reviews related to the development and maintain a detailed record of
such reports and, if requested, make these available to the Building Official;
(c)
advise the Building Official promptly, in writing, if any matter of design,
Construction or field review does not meet the requirements of the building
code, this bylaw or other applicable enactments; and
BYLAW NO. 11-84
PAGE 21
(d)
at least once every 30 days from the date of issuance of a Permit, submit to
the Building Official a written progress report together with copies of the field
review reports from each registered professional involved in the development.
11.12 The Building Official may post a stop Work notice or revoke a Permit under the City's
certified professional program in any of the following circumstances:
(a)
if the certified professional ceases to be retained by the Owner, resigns or is
otherwise unable or unwilling to carry out field reviews or other duties related
to the development for which a Permit was issued. Under such circumstances
the certified professional must immediately notify the Building Official in
writing of the date on which they will cease their involvement;
(b)
if the certified professional is no longer licensed as a registered professional
in the Province of British Columbia;
(c)
if the certified professional fails to perform any of their duties under this
bylaw; or
(d)
if a document required by this bylaw or under the City's certified professional
program is not delivered by the certified professional within the time frame
specified in this Bylaw.
11.13 If a Permit is revoked under section 8.5, only the Work necessary, as authorized by
the Building Official, to remove any hazards or to mitigate damage arising from
exposure to the elements, may be undertaken on the development unless otherwise
expressly authorized in writing by the Building Official. Work on the development
shall not resume until the Building Official has received written notice from a certified
professional that a certified professional has been retained by the Owner for the
continuation of Construction of the Building who:
(a)
has reviewed the Building and certifies that the Building, as constructed up to
that point, substantially complies with the building code, this bylaw and other
applicable enactments and has been constructed in accordance with the
approved plans; and
(b)
will carry out the duties of the certified professional that are required in order
to bring the Building to completion and to certify substantial compliance with
the building code, this bylaw and other applicable enactments and that
Construction will be in accordance with the previously approved plans.
11.14 Nothing in this Part relieves the Owner, or the certified professional of record for the
development, from full responsibility for ensuring that the Building or Structure is in
substantial compliance with the design, plans and specifications, the building code,
this bylaw and other applicable enactments.
BYLAW NO. 11-84
PAGE 22
11.15 If the Building Official accepts a Permit application and assurance from a certified
professional for a development, the Building Official will rely on the certifications
issued by the certified professional and other registered professionals, that the
drawings will meet the requirements of the building code, 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 respecting safety or protection.
11.16 Every provision of this bylaw and the building code that applies to a registered
professional also applies to a certified professional.
PART 12
CONDITIONS OF PERMIT
12.1
A Permit is required if Work regulated under this bylaw is to be undertaken.
(44-13)
12.2
A Building Permit or an application for a Building Permit that is in process may not be
transferred or assigned until the Owner has notified the Building Official in writing,
the Building Official has authorized the transfer or assignment in writing and the
Owner has paid the non-refundable fee required in Fees and Charges Bylaw
No. 44-14. The transfer or assignment of a Building Permit is not an extension of a
Building Permit.
12.3
The review of plans and supporting documents and issuance of a Building Permit do
not prevent the Building Official from subsequently requiring the correction of errors
in the plans and supporting documents, or from prohibiting building Construction or
occupancy being carried on when in violation of this or another bylaw.
12.4
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 adversely affect
adjacent properties.
12.5
Neither the issuance of a Permit under this bylaw, nor the acceptance or review of
plans, drawings, specifications or supporting documents, nor any inspections made
by or on behalf of the City will in any way
(a)
relieve the Owner from full and sole responsibility to perform the Work in
respect of which the Permit was issued in strict compliance with this bylaw,
the Building Code, and all other applicable codes, standards and enactments;
(b)
constitute a representation, warranty, assurance or statement that the
Building Code, this bylaw or any other applicable enactments respecting
safety, protection, land use and zoning have been complied with; or
(c)
constitute a representation or warranty that the Building or Structure meets
any standard of materials or workmanship.
BYLAW NO. 11-84
PAGE 23
Alternative Solutions
(44-13)
12.6
An Owner who wishes to provide an alternative solution to satisfy one or more of the
requirements of the Building Code or this bylaw shall submit sufficient evidence,
certified by a professional Engineer, Architect or qualified person(s), to demonstrate
that the proposed alternative solutions will provide the level of performance required
by the Building Code or this bylaw and pay the fee specified in Fees and Charges
Bylaw No. 44-14.
PART 13
PERMIT APPLICATION REQUIREMENTS FOR SIMPLE AND COMPLEX
BUILDINGS
13.1
Every Owner shall apply for and obtain a Permit before constructing, altering,
repairing, demolishing or moving a Building or Structure.
13.2
The City shall provide application forms, in hardcopy or digital format, for all
application processes required under this bylaw. Forms shall be adopted by the City
through policy from time to time.
Additional Permits
13.3
Where required, separate Permits and inspections may be required in the following
cases:
(a)
Building Move in accordance with Part 14;
(b)
Demolition or partial demolition of Buildings in accordance with Part 15;
(c)
Fire Alarms in accordance with Part 16;
(d)
Commercial Mechanical Ventilation in accordance with Part 17;
(e)
Plumbing and Fire Suppression Systems in accordance with Part 18;
(f)
Pool Permit in accordance with Part 19;
(g)
Retaining Walls in accordance with Part 20;
(h)
Solar Hot Water & Photovoltaic Solar Panel Systems in accordance with
Part 21;
(i)
Temporary Buildings in accordance with Part 22.
(j)
Erecting of a Crane in accordance with Part 23
(k)
Solid fuel-burning appliance in accordance with Part 25
(l)
Storage Racking in accordance with Part 24
BYLAW NO. 11-84
PAGE 24
13.4
Prior to an application for a Building Permit, the Owner shall satisfy the following
requirements or conditions:
(a)
apply for and obtain a development Permit if the Building or Structure is in an
area designated by the City's Official Community Plan as a development
Permit area;
(b)
ensure the proposed Building or Structure complies with all bylaws of the
City, except to the extent a variance of a bylaw is authorized by a
Development Permit, Development Variance Permit or order of the Board of
Variance;
(c)
obtain the approval of an approving officer for the subdivision plan, registered
with the Land Title and Survey Authority that, once registered, would create
the parcel on which the proposed Building or Structure will be constructed;
(d)
provide evidence to the Building Official showing that the person applying for
the Building Permit is either the Owner of the parcel that is the subject of the
proposed Building Permit, or is the Agent of the Owner, in which case, the
Agent must provide the name and contact information of the Owner;
(e)
address the subject property or Building in accordance with City bylaws;
(f)
show proof of application for registration or exemptions for home warranty for
Projects governed under the Homeowner Protection Act;
(g)
apply for and obtain approval from the City and other applicable public
authorities for an alternate private sewage disposal system where the parcel
that is the subject of the Building Permit application is not serviced by the
City's sewage disposal system;
(h)
apply for and obtain approval from the City, applicable waterworks district,
and other applicable public authorities for an alternate water supply system
where the parcel that is the subject of the Building Permit application is not
serviced by the City's water system;
(i)
provide a design for an on-site stormwater drainage system where the parcel
that is the subject of the Building Permit application is not connected to the
City's stormwater drainage system unless the Owner applies for and obtains
approval from the City to connect the City's stormwater system;
(j)
enter into a servicing agreement with the City and deliver to the City letters of
credit or cash security for completion of the Works and service if all on-site
and off-site Works and services required by the City bylaws and other
enactments have not been completed in accordance with the enactments.
BYLAW NO. 11-84
PAGE 25
Building Permit Applications for Complex buildings
13.5
An application for a Building Permit with respect to a Complex Building shall:
(a)
be made in the prescribed form and signed by the Owner or a signing officer
if the Owner is a corporation;
(b)
be made upon payment of applicable application fee as prescribed in Fees
and Charges Bylaw No. 44-14;
(c)
be accompanied by the Owner's acknowledgement of responsibility and
undertaking in the prescribed form and signed by the Owner, or a signing
officer if the Owner is a corporation;
(d)
ensure that plans submitted with a Permit application bear the name, phone
number, address and email address of the designer of the building or
Structure;
(e)
include a Building Code compliance summary including the applicable edition
of the Building Code, such as without limitation the Building is designed under
Part 3 of the Building Code, major occupancy classification(s) of the Building,
building area, building height, number of streets the building faces,
accessibility requirements, Work areas, washrooms, firewalls and facilities;
(f)
include a copy of a survey plan prepared by a British Columbia land surveyor
except that the Building Official may waive the requirement for a survey plan,
in whole or in part, where conditions warrant;
(g)
include a Construction fire safety plan, a material staging plan and a trucking
route plan;
(h)
include a site plan prepared by a registered professional showing: (all
dimensions are to be shown in metric and imperial measurements)
(i)
the 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 existing and proposed statutory rights
of way, easements, covenant boundaries, and setback requirements,
adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed Buildings or
Structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond, stream,
or watercourse;
(vi)
north arrow;
(44-13)
BYLAW NO. 11-84
PAGE 26
(vii)
if applicable, location of an approved existing or proposed private or
other alternative sewage disposal system, water supply system, or
stormwater drainage system;
(viii)
zoning compliance summary;
(ix)
the location, dimensions and gradient of parking and parking access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grades in geodetic elevations at Building corners
and significant breaks in the Building plan and proposed grade around
the building faces in order to ascertain Foundation height;
(xii)
on-site stormwater management plan;
(xiii)
first storey floor elevation in geodetic elevation;
(xiv)
location, setbacks and elevations of all Retaining Walls, steps, stairs
and decks;
(xv)
line of upper floors and maximum building height in geodetic
elevations;
(xvi)
location and geodetic elevations of curbs, driveways, sidewalks,
manholes, and service poles;
(xvii)
location and depth of existing and proposed service connections;
(xviii) location of top bank, streams, and water courses;
(xix)
On site access routes for firefighting and closest hydrants;
(xx)
accessible paths of travel from the street to the Building;
(xxi)
geodetic elevation of the underside of a wood floor system or the top
of a finished concrete slab of a Building or Structure where the City's
land use regulations or provincial flood mapping regulations establish
siting requirements related to minimum floor elevation, and
(xxii)
Where the parcel of land contains slopes in excess of 15%, and upon
the request of the Building Official, be accompanied by:
(A)
0.5 m contours of the existing ground surface of the parcel;
(B)
0.5 m contours of the proposed final grading;
(C)
the elevation of all floor areas of the Building, the location of all
retaining, driveways, parking areas and other Structures on
the parcel; and
BYLAW NO. 11-84
PAGE 27
(D)
the drainage provisions as outlined in the approved
subdivision grading plans, if any, or the approved
sedimentation control and stormwater management plans;
(xxiii) except that the Building Official may waive, in whole or in part, the
requirements for a site plan, if the Permit is sought for repair or
Alteration of an existing Building or Structure;
(i)
include floor plans showing the dimensions and uses and occupancy
classification of all areas, including 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; fire separations; plumbing
fixtures; structural elements; and stair dimensions;
(j)
include a minimum of two cross-sections through the Building or Structure in
sufficient detail and locations to illustrate Foundations, drainage, ceiling
heights and Construction systems, including thermal and building envelope
assemblies;
(k)
include cross-sectional details drawn at an appropriate scale and sufficient
locations to illustrate that the Building conforms to the Building Code;
(l)
include elevations of all sides of the Building or Structure showing finish
details, roof slopes, windows, doors, natural and finished grade, spatial
separations and ridge height to comply with the Building Code and to
illustrate that the Building or Structure conforms with the City of Kamloops
Zoning Bylaw and Official Community Plan Bylaw, as amended or replaced
from time to time;
(m)
include all other requirements of Sections 2.2.1., 2.2.3, 2.2.4, 2.2.5, 2.2.6 and
2.2.9, Division C of the Building Code;
(n)
include copies of approvals required under any enactment relating to health
and safety, including, without limitations, sewage disposal Permits, highway
access Permits and Ministry of Health approvals;
(o)
include a letter of assurance in the form of Schedule A referred to in the
Building Code, signed by the Owner, or a signing officer if the Owner is a
corporation, and the Coordinating Registered Professional;
(p)
include letters of assurance in the form of Schedule B referred to in the
Building Code, each signed by such registered professionals as the Building
Official or Building Code may require to prepare the design for and conduct
field reviews of the Construction of the Building;
(q)
include a set of drawings, at a suitable scale, of the design prepared by each
registered professional containing the information set out in (g) to (m) of this
section;
(r)
include calculations confirming proof of adequate water supply for firefighting
as per Section 3.2. of the Building Code; and
BYLAW NO. 11-84
PAGE 28
(s)
include all documentation required by City procedure, as amended from time
to time.
13.6
In addition to the requirements of Section 13.5 of this bylaw, a Building Official may
require the following to be submitted with a Permit application for the Construction of
a Complex Building if the complexity of the proposed Building or Structure or siting
circumstances warrant:
(a)
site servicing and on-site stormwater management 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
City's Bylaws;
(b)
a section through the site showing grades, Buildings, Structures, parking
areas and driveways where any slopes on the subject parcel exceed 10%;
and
(c)
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.
Building Permit Applications for Simple Buildings
13.7
An application for a Building Permit with respect to a Simple Building shall:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
upon payment of applicable application fee as prescribed with the City's Fees
and Charges Bylaw No. 44-14;
(c)
be accompanied by the Owner's acknowledgement of responsibility and
undertaking in the prescribed form and signed by the Owner, or a signing
officer if the Owner is a corporation;
(d)
ensure that plans submitted with a Permit application bear the name, phone
number, address and email address of the designer of the Building or
Structure;
(e)
include a copy of a survey plan prepared by a British Columbia land surveyor
except that the Building Official may waive the requirement for a survey plan,
in whole or in part, where conditions warrant;
(f)
include a site plan showing: (all dimensions are to be shown in metric and
imperial measurements)
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(44-13)
BYLAW NO. 11-84
PAGE 29
(iii)
the location and dimensions of existing and proposed statutory rights
of way, easements, covenant boundaries and setback requirements,
adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed Buildings or
Structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond, stream,
or watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed alternative
private or other sewage disposal system, water supply system or
storm water drainage system;
(viii)
the location, dimensions and gradient of parking and driveway access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grades in geodetic elevations at building corners
and datum determination points;
(xi)
on-site storm water management;
(xii)
first-storey floor elevation in geodetic elevations;
(xiii)
location, setbacks and elevations of all Retaining Walls, steps, stairs
and decks;
(xiv)
line of upper floors and maximum building height in geodetic
elevations;
(xv)
location and geodetic elevation of curbs, driveways, sidewalks,
manholes and service poles;
(xvi)
location and depth of existing and proposed service connections;
(xvii)
location of top bank, streams, and water courses;
(xviii) On-site access routes for firefighting and location of closest hydrant;
(xix)
accessible paths of travel from the street to the Building (when
applicable by Code);
(xx)
zoning compliance summary;
(xxi)
the geodetic elevation of the underside of a wood floor system or the
top of a finished concrete slab of a Building or Structure where the
City's land use regulations or provincial flooding mapping regulations
establish siting requirements related to minimum floor elevation; and
BYLAW NO. 11-84
PAGE 30
(xxii)
where the parcel of land contains slopes in excess of 15%, and upon
the request of the Building Official, be accompanied by:
(a)
0.5 m contours of the existing ground surface of the parcel;
(b)
0.5 m contours of the proposed final grading;
(c)
The elevation of all floor areas of the Building, the location of
all retaining, driveways, parking areas and other Structures on
the parcel;
(d)
The drainage provisions as outlined in the approved
subdivision grading plans, if any, or the approved
sedimentation control and stormwater management plans.
(xxiii) except that for a Simple Building the Building Official may waive, in
whole or in part, the requirements for a site plan if the Permit is sought
for the repair or Alteration of an existing Building;
(g)
include floor plans showing the dimensions and uses of all areas, including
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; solar-ready provisions, structural elements,
including location, spacing and dimensions of brace wall bands and panels,
brace wall panel assemblies, and stair dimensions;
(h)
include a minimum of two cross-sections through the Building illustrating
Foundations, drainage, ceiling heights and Construction systems, including
thermal and building envelope assemblies;
(i)
include elevations of all sides of the Building showing finish details, roof
slopes, windows, doors, the grade, the maximum building height line, ridge
height, spatial separations and natural and finished grade to comply with the
Building Code and to illustrate that the Building or Structure conforms with the
City of Kamloops Zoning Bylaw and Official Community Plan Bylaw, as
amended or replaced from time to time;
(j)
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;
(k)
include copies of approvals required under any enactment relating to health
and safety, including, without limitations, sewage disposal Permits, highway
access Permits and Ministry of Health approvals;
(l)
include an excavation and storm water management plan design prepared by
a registered professional in accordance with the Building Code;
(m)
include geotechnical letters of assurance, in addition to a required
geotechnical report, if the Building Official determines that the site conditions
so warrant;
BYLAW NO. 11-84
PAGE 31
(n)
include a set of drawings at a suitable scale of design including the
information set out in (f) to (j) of this section;
(o)
include a Building Code compliance summary including the applicable edition
of the Building Code, such as, without limitation, the Building is designed
under Part 9 and compliance with article 2.2.2.1(2), Division C of the Building
(p)
include all documentation required by City procedures, as amended from time
to time,
(q)
include calculations confirming proof of adequate water supply for firefighting
as described in Part 26; and
(r)
include a Construction fire safety plan, a material staging plan, and a trucking
route plan.
13.8
In addition to the requirements of Section 13.7 of this part, if a Project involves:
(a)
two or more Buildings, the gross floor areas of which in the aggregate total
more than 1000 m2;
(b)
two or more Buildings that will contain four or more dwelling units; or
(c)
otherwise if the complexity of the proposed Building or Structure or siting
circumstances warrant, a Building Official may require the following be
submitted with a Permit application for the Construction of each Simple
Building in the Project:
(i)
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 City's Bylaws;
(ii)
a Construction fire safety, material staging and trucking route plan;
(iii)
a section through the site showing grades, Buildings, Structures,
parking areas and driveways;
(iv)
a roof plan and roof height calculations in geodetic elevations;
(v)
structural, electrical, plumbing, mechanical or fire suppression
drawings prepared and sealed by a registered professional;
(vi)
letters of assurance in the form of Schedule A & Schedule B
referenced in the Building Code, signed by a registered professional;
(vii)
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
BYLAW NO. 11-84
PAGE 32
Site and Location Information
13.9
Without limiting Sections 13.5(h) or 13.7(f) of this part, the Building Official may in
writing require an Owner to submit an up-to-date plan or survey prepared by a
registered British Columbia Land Surveyor which contains sufficient information
respecting the site and location of any Building to:
(a)
establish, before Construction begins, that all the provisions of this bylaw in
relation to this information will be complied with;
(b)
verify, on completion of the Construction, that all provisions of this and other
applicable bylaws have been complied with;
(c)
in relation to an existing Building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or
its relationship to neighbouring grades; and
(d)
in relation to Construction of a new Building, or Addition to an existing
Building, prior to the placement of concrete for Foundations, show the
elevation at proposed top of concrete on all Building elevations and at all
significant changes of elevation to substantiate its size, location and
elevation, and every person served with a written requirement under this
section must comply with this requirement.
Building Permit Fee
13.10 Before receiving a Building Permit for a Building or Structure, the Owner must first
pay to the City:
(a)
the Building Permit fee prescribed in the City's Fees and Charges Bylaw
No. 44-14;
(b)
the securities as prescribed in the City's Fees and Charges Bylaw No. 44-14;
and
(c)
any fees, fines, charges, levies or taxes imposed by the City and payable
under an enactment at the time of issuance of the Building Permit.
Valuation for Permit
13.11 The valuation of Construction set out in the application for a Permit shall be the total
current monetary worth of all Construction or Work related to the Building or
Structure, and shall include:
(a)
site preparation and civil Work including excavation and the use of hoisting,
pile driving, compaction or erection devices;
(b)
all design documents, labour and fees involved in the design, investigative
testing, consulting services, Construction labour and management, even if
provided by the Owner, or donated voluntarily by others, contractor's profit
and overhead, sales taxes and the Construction insurance; and
(44-13)
(44-13)
BYLAW NO. 11-84
PAGE 33
(c)
all mechanical, electrical, plumbing, drainage and gas installations necessary
for the carrying out of the Construction to its completed form.
13.12 The Building Official may place a value on the Construction or Work for the purposes
of determining applicable Permit fees by using an appropriate method from the
"Marshall Valuation Services" publications with the updated "current cost multipliers,"
or such universal source of calculating valuation, as the Building Official deems
reasonable, practical and expedient.
Security Deposit with Building Permit
(44-13)
13.13 An applicant for a Building Permit must pay to the City, at the time of Permit
issuance, the following security deposit as prescribed within the City's Fees and
Charges Bylaw No. 44-14 for:
(a)
Partial Occupancy;
(b)
Building Relocate;
(c)
Demolition / Delayed Demolition Permits;
(d)
Footing / Foundation only Building Permits for Complex Projects;
(e)
Temporary Building Permits; and
(f)
Temporary Residence during the period of Construction.
13.14 The security deposit sum set out within the City's Fees and Charges Bylaw No.
44-14;
(a)
covers the cost borne by the City to maintain, restore or replace any public
Works or public lands which are destroyed, damaged or otherwise impaired
in the carrying out of the Work referred to in any Building Permit held by the
applicant;
(b)
covers the cost borne by the City to make the site safe if the Permit holder
abandons or fails to complete the Work as designated on the Permit;
(c)
serves as a security deposit to effect compliance with any condition under
which the Permit was issued; or
(d)
Serves as the security deposit for partial occupancy when such a final
inspection notice makes provisions for a security deposit.
(44-13)
BYLAW NO. 11-84
PAGE 34
13.15 The security deposit or applicable portion must be returned to the applicant, only if
the applicant has requested the return of the security:
(a)
when the City is satisfied that no further damage to public Works or public
lands will occur;
(b)
when the inspections required by this bylaw are complete and acceptable to
the Building Official;
(c)
when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the Building Official;
13.16 Any credit greater than the amount of the security deposit used by the City for the
purposes described in Part 13 will be returned to the Permit holder unless otherwise
so directed by the Permit holder.
(a)
Any amount in excess of the security deposit required by the City to complete
corrective Work to public lands, public Works, or the site is recoverable by the
City from the Permit holder, the Constructor or the Owner of the property.
13.17 If the proposed Work includes excavation or Construction on lands within 3.0 meters
of Works or services owned by the City, the Owner must deliver to the Building
Official a signed agreement in a form prescribed by the City under which the Owner
acknowledges and agrees that any damage to municipal Works or services arising
from the Construction associated with the Building Permit will be repaired by the
Owner at its expense and to the satisfaction of the City's Development Engineering,
and Sustainability Director and the Owner must deposit with the City security in
accordance with Sections 13.13 to 13.17.
Permit Fee Refunds
13.18 No fee or part of a fee paid to the City may be refunded if Construction of the
Building has started.
13.19 The Building Official may approve a refund of a fee or portion thereof only if plan
checking has not commenced.
13.20 A Building Permit or other Permit fee may be partially refunded as set out in the City
bylaws, only if:
(a)
the Owner has submitted a written request for a refund;
(b)
the Building Official has certified a start has not been made on the
Construction of the Building or Structure; and
(c)
the Permit has not expired.
13.21 A Building Permit or other Permit fee is not refundable after the Permit has been
extended under Section 13.59 and 13.60 of this part.
BYLAW NO. 11-84
PAGE 35
13.22 Except as otherwise provided in this bylaw, all fees and charges paid or payable
under this bylaw shall be non-refundable.
Design Modification
(44-13)
13.23 If a Building Permit or other Permit is active and the Owner proposes modifications to
the building design whereby the value of the Work does not increase or the value of
the Work decreases, the Owner must pay to the City a Building Permit fee based on
the plan review hourly rate set and the Building Permit fee amount based on the
revised Construction value of the modifications, as set out in City's Fees and
Charges Bylaw No. 44-14.
Construction Before Permit Issued
13.24 The Building Permit or other Permit fee will be doubled for every Permit application
where Construction commenced before the Building Official issued a Permit, to a
maximum of $10,000.
13.25 If Construction has advanced without inspection to a stage where compliance with
this bylaw or other applicable bylaws or enactments cannot be readily determined,
the Building Official may require tests and investigations by an independent agency
at the Owner's expense to establish compliance or provide recommended remedial
measures to be taken, prior to the issuance of a Permit.
Expiration of Application for a Permit
13.26 A Building Permit application expires 90 days from the date the application is
Accepted unless the Permit is not issued or the delay is caused the City.
Cancellation of Application
13.27 When an application is cancelled
(a)
the application fee is forfeited to the City; and
(b)
the applicant will be notified in writing confirming the cancellation of the
application and that plans and related documents submitted with the
application will be held for a period of 10 business days, and then destroyed.
Confirmation of Permit Application Reviews
13.28 Upon receiving a completed Permit application, the Building Official shall provide
written confirmation to the Owner / Owners Agent that the City will either issue a
Permit, or refuse issuance with reasons for the denial within:
(a)
21 working days for Simple Building Permit applications; or
(b)
45 working days for Complex Building Permit applications.
BYLAW NO. 11-84
PAGE 36
(44-13)
13.29 If notice is not provided within the timeframes outlined in Section 13.28 (a) or (b), the
Permit fee is to be reduced as prescribed within the City's Fees and Charges Bylaw
No. 44-14.
Issuance of a Building Permit
13.30 Each Building, Structure or part thereof constructed on a site requires a separate
Permit and shall be assessed a separate Permit fee based on the value of that
Building, Structure or part thereof.
13.31 The Building Official must issue the Permit, in the prescribed form, for which the
application is made, and the date of issuance is deemed to be the date the City gives
written notice to the Owner that the Permit is ready to be picked up by the Owner,
subject to the following:
(a)
a completed application in compliance with Sections 13.4 to 13.6, or 13.7 to
13.8, including all required supporting documentation, has been submitted;
(b)
the Owner has paid all applicable fees set out in this bylaw and the City
bylaws;
(c)
the Owner or their representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
(d)
the Owner has retained a professional engineer or geoscientist if required
under this bylaw;
(e)
the Owner has retained an architect if required under this bylaw;
(f)
no covenant, agreement, resolution or regulation of the City requires or
authorizes the Permit to be withheld; and
(g)
the Owner has provided a hazardous materials assessment and remediation
compliance letter for Additions or Alterations to Buildings constructed prior to
1990;
Compliance with the Homeowner Protection Act
13.32 If the application in respect of a Building that includes, or will include, a residential
occupancy governed by the Homeowner Protection Act, the Building Permit must not
be issued unless the Owner provides evidence under Section 30(1) of the
Homeowner Protection Act, that the proposed Building
(a)
is covered by home warranty insurance; and
(b)
the Constructor is a licensed "residential builder" as defined in that Act.
13.33 Section 13.32 of this part does not apply if the Owner is not required to be licensed
and to obtain a home warranty in accordance with Sections 20(1) or 30(1) of the
Homeowner Protection Act.
BYLAW NO. 11-84
PAGE 37
13.34 Every Permit is issued subject to the Owner and Constructor maintaining compliance
with the Homeowner Protection Act and negotiations under it during the term of the
Permit.
Issuance of Partial Permits
13.35 The Building Official may issue a Permit for a portion of a Building or Structure
before the design, plans and supporting documents for the entire Building or
Structure have been Accepted provided sufficient information has been provided to
the City to demonstrate to the Building Official that the portion authorized to be
constructed substantially complies with this and any other applicable City bylaws and
the Permit fee applicable to that portion of the Building or Structure has been paid.
Notwithstanding the issuance of the Permit, the requirements of this bylaw shall
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.
13.36 If a site has been excavated under a Building Permit for excavation issued under this
bylaw and a Building Permit is not subsequently issued or a subsisting Building
Permit has expired under Section 13.55, but without the Construction of the Building
or Structure for which the Building Permit was issued having commenced, the Owner
must fill in the excavation to restore the original gradients to the site within 60 days of
being served notice by the City to do so.
13.37 If a Building Permit has expired and partial Construction has progressed, with no
extension requested of the Building Official under Section 13.58, permanent type
fencing with a privacy screen complying with the City's Zoning Bylaw, must be
erected around the Building site for protection to the public.
Sanitary Facilities during Construction
13.38 During the time a Building Permit has been issued and remains valid under this
bylaw, the Owner must provide on the parcel of land in respect of which the Permit
has been issued, sanitary facilities for the disposal of human waste from individual
persons who enter on the parcel in relations to the Work referred to in the Permit,
which facilities must be accessible and unlocked when not occupied while Work is
being carried out on the parcel under this bylaw, and every sanitary facility that is not
connected to a
(a)
sanitary sewer; or
(b)
septic disposal system approved under the Public Health Act, by plumbing
that complies with the Building Code and this bylaw, must be provided, at all
times the facility is required under this bylaw, with toilet paper, a locking door
for privacy, and ventilation, and must be kept in sanitary condition without
leaking beyond the facility and without overflowing within the facility. Such
facilities must be located so as not to create a nuisance to neighbouring
parcels or highways.
BYLAW NO. 11-84
PAGE 38
Inspections for Simple Buildings
13.39 Despite the requirement for the Building Official's acceptance of the Work outlined in
Section 13.41, if a registered professional provides letters of assurance, the City will
rely solely on field reviews undertaken by the registered professional and the letters
of assurance submitted pursuant to this bylaw as assurance that the aspects of the
Construction referenced by those letters of assurance substantially conform to the
design, plans and specifications and that the Construction complies with the Building
Code, this bylaw and other applicable enactments respecting safety. Copies of all
field reviews must be submitted to the City.
13.40 Despite Section 13.45 of this part, 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.
13.41 A Building Official may attend periodically at the site of the Construction of Simple
Buildings or Structures to ascertain whether the Work is being carried out in
substantial conformance with the Building Code, this bylaw and any other applicable
enactments concerning safety.
13.42 For all Work in respect of Simple Buildings the Owner must give notice in compliance
with the City's current policies when requesting an inspection and must obtain an
inspection and receive a Building Official's written acceptance of the following
aspects of the Work prior to concealing them:
(a)
Pre-Construction on-site orientation - site review when required by the
Building Official;
(b)
Footings/excavation - after preparation for footings is complete, prior to
placement of concrete;
(c)
Foundation - after forms for Foundation walls are completed, the location
certificate is submitted and Accepted by a Building Official, prior to placement
of concrete;
(d)
Damp proofing/drain tile/roof drains - after damp-proofing and Foundation
drainage is in place, prior to backfilling;
(e)
Sewer services - sanitary and or storm sewer service, after the sewer line is
in place and under test, prior to backfilling;
(f)
Domestic water service - after the water service lines are in place and water
has been turned on, prior to backfilling;
(g)
Plumbing under-slab - plumbing and underground fire suppression supply
lines, prior to covering;
(h)
Radon/Soil Gas Control - after slab preparation for soil gas requirements, the
preparation of ground, including ground cover when required, perimeter
insulation of inside of concrete Foundation walls are in place, prior to
covering;
BYLAW NO. 11-84
PAGE 39
(i)
Foundation/ Under Slab Insulation - prior to backfilling Foundation walls or
pouring slabs where required insulation would be covered;
(j)
Plumbing Rough-in - installation of rough-in plumbing, on-site constructed
tubs or showers and tub or shower trap tests when complete and under test,
prior to covering;
(k)
Framing - framing, sheathing, fire stopping, bracing, with installation of
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas
venting, exterior doors and windows, but prior to the installation of insulation,
interior finishes, sheathing paper or exterior finishes which would conceal
such Work;
(l)
Fire Separations/fire blocking - installation of required fire separations prior to
covering;
(m)
Insulation Vapour / Air Barrier - insulation, air and vapour barrier, after all
insulation and vapour barrier is in place but prior to interior finish being
applied which conceal the Work;
(n)
Plumbing Final - all plumbing requirements for occupancy or partial
occupancy;
(o)
Building Final, for occupancy or partial occupancy - Subject to Sections 13.65
to 13.68, after the health and safety aspects of the Work and applicable
accessibility aspects of the Work are complete as determined by the Building
Official; and
(p)
Occupancy or Completion - when all aspects of the Work, including Energy
conservation and GHG emissions reduction requirements, of a Building or
Structure is substantially complete, ready for occupancy or use.
13.43 Where required, additional inspections may be required in the following cases:
(a)
Retaining Walls shall be inspected in accordance with Part 20 of this bylaw;
(b)
Moving of Building shall be inspected in accordance with the requirements of
Part 14 of the bylaw;
(c)
Swimming Pools and fences shall be inspected upon completion and prior to
filling the Pool with water pursuant to Part 19 of this bylaw;
(d)
On-site Services shall be inspected in accordance with Part 18 and any other
inspection that may be required pursuant of this bylaw; and
(e)
Manufactured Home parks, campgrounds and RV parks shall require
inspections pursuant to Part 14 of this bylaw.
13.44 A Building Official will only carry out an inspection under Section 13.42 if the Owner
or the Owner's Agent has requested the inspection online or in writing in accordance
with this bylaw.
BYLAW NO. 11-84
PAGE 40
13.45 No person may conceal any aspect of the Work referred to in Section 13.42 of this
bylaw until a Building Official has accepted it in writing.
Complex Building Commissioning
13.46 For Work in respect of Complex Buildings, the Owner must
(a)
give at least 48 hours online or written notice to the City when requesting a
preconstruction meeting with the Building Official prior to the start of
Construction, and the Owner or their Agent must ensure that the Coordinating
Registered Professional, the Constructor, as well as representatives of major
trades, are in attendance;
(b)
give at least 48 hours online or written notice to the City when requesting a
pre-occupancy review coordinated by the Coordinating Registered
Professional or other registered professional to have the Owner, the
Constructor, and the registered professionals demonstrate to the Building
Official and City Fire Department the compliance with the health and safety
aspects of the Work, the coordination and integration of the fire and life safety
system, applicable City requirements and other enactments respecting safety
and the conservation of GHG emissions and accessibility aspects of the
Work; and
(c)
cause the Coordinating Registered Professional, at least 48 hours prior to the
pre-occupancy coordinated site review coordinated by the Coordinating
Registered Professional, to deliver to the Building Official the Confirmation of
Required Documentation described in the prescribed form, complete with all
documentation in digital pdf format as prescribed by the City.
Stop Work Orders
13.47 The Building Official may direct the immediate suspension or correction of all or a
portion of the Construction on a Building or Structure by attaching a stop work order
notice in the prescribed form on the premises when it is found that the Work is not
being performed in accordance with the requirements of the Building Code, any
applicable bylaw of the City or the applicable provisions of the Homeowner
Protection Act.
13.48 The Coordinating Registered Professional may request, in writing, that the Building
Official order the immediate suspension or correction of all or a portion of the
Construction on a Building or Structure by attaching a stop work order notice on the
premises. The Building Official must consider such request and, if not acted upon,
must respond, in writing, to the Coordinating Registered Professional and give
reasons.
13.49 If a registered professional's services are terminated, the Owner must immediately
stop any work that is subject to their design or field review and the Building Official is
deemed to have issued a stop work order under Section 13.47.
BYLAW NO. 11-84
PAGE 41
13.50 The Owner must immediately, after the posting of a notice under Section 13.47,
secure the Construction and the lands and premises surrounding the Construction in
compliance with the safety requirements of every statute, regulation or order of the
Province or of a Provincial agency and of every applicable bylaw of the City.
13.51 Subject to 13.47, no work other than the required remedial measures may be carried
out on the parcel affected by the notice referred to in Section 13.47 until the stop
work order notice has been removed by the Building Official.
13.52 The notice referred to in Section 13.47 must remain posted on the premises until that
which is contrary to the enactments has been remedied.
Do Not Occupy Notice
13.53 If a person occupies a Building or Structure or part of a Building or Structure in
contravention of this bylaw, a Building Official may post a Do Not Occupy Notice in
the prescribed form on the affected part of the Building or Structure.
13.54 If a notice is posted under Section 13.53, the Owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy of
the Building or Structure immediately and refrain from further occupancy until all
applicable provisions of the Building Code and this bylaw have been substantially
complied with and the Do Not Occupy Notice has been rescinded in writing by a
Building Official.
Inspection and Other Fees
(44-13)
13.55 In addition to the fees referenced under other provisions of this bylaw, the Owner
must pay the non-refundable fee set out in Fees and Charges Bylaw No. 44-14 for:
(a)
a third and each subsequent re-inspection where it has been determined by
the Building Official that due to non-compliance with the provisions of this
bylaw or due to non-complying Work, more than two visits are required for
any required inspection;
(b)
a special inspection during the City's normal business hours to establish the
condition of a Building, or if an inspection requires special arrangements
because of time, location, or Construction methods; and
(c)
an inspection required under this bylaw which cannot be carried out during
the City's normal business hours.
Permit Expiration
13.56 Every Permit is issued on the condition that the Permit expires and the rights of the
Owner under the Permit terminate if:
(a)
the Work authorized by the Permit is not commenced within 180 days from
the date of issuance of the Permit unless extended under Part 13;
(b)
Work is discontinued for a period of 180 days; or
BYLAW NO. 11-84
PAGE 42
(c)
the Work is not completed within 24 months, subject to any extension granted
by the Building Official under this bylaw, of the date of issuance of the Permit.
13.57 Where a Permit has expired, the Work shall cease and the Construction may be
required to be removed, unless a new Permit application is made within 90 days of
the expiry date of the Permit.
13.58 Where a Permit has expired, and a new Permit application is made, all Construction
shall comply with this bylaw, the Building Code and any other City bylaws and
enactments in force at the time of the new application.
Permit Extension
13.59 Where Construction has not commenced within 180 days from the date the Permit
was issued, the Building Official may extend the Permit for a period not more than
180 days from the date of expiry of the original Permit, but the Permit shall then be
void if Construction has not started within 360 days from the original date of the
issuance of the Permit, if:
(a)
application for the extension is made at least 30 days prior to the date of
Permit expiration; and
(b)
the non-refundable fee set out in the City's Fees and Charges Bylaw
No. 44-14 has been paid.
13.60 Where Construction has commenced and has not been discontinued or suspended
for a period of more than 180 days, the Building Official may extend the expiry date
for the Permit for a period of time as the Building Official considers reasonable, to a
maximum of one year, where the Building Official is satisfied that there exists a
reasonable excuse for the delay in completing Construction, if:
(a)
application for the extension is made at least 30 days prior to the date of
Permit expiration; and
(b)
the non-refundable fee set out in the City's Fees and Charges Bylaw No.
44-14 has been paid.
Building Permit Cancellation by Owner
13.61 A Building Permit, or a Building Permit application, may be cancelled by the Owner,
or Owner's Agent, on delivery of written notification of the cancellation to the Building
Official.
13.62 On receipt of the written cancellation notice, the Building Official must mark on the
application, and a Permit if applicable, the date of cancellation and the word
"cancelled".
(44-13)
(44-13)
BYLAW NO. 11-84
PAGE 43
13.63 If the Owner, or Owner's Agent, submits changes to an application after a Permit has
been issued and the changes, in the opinion of the Building Official, substantially
alter the scope of Work, design or intent of the application in respect of which the
Permit was issued, the Building Official may cancel or amend the Permit and mark
on the Permit the date of cancellation or amendment and the Work "cancelled" or
"amended".
(44-13)
13.64 If a Building Permit application or Permit is cancelled, and Construction has not
commenced under the Permit, the Building Official must return to the Owner any
refundable fees deposited under the City's Fees and Charges Bylaw No. 44-14. The
Owner must return any Permit documents issued within 14 days of notification of the
cancelled Building Permit & any documents submitted for a Building Permit
application that has been cancelled will be held for 14 days from the date of
cancellation for the Owner to pick up, after which they may be destroyed.
Partial Occupancy
13.65 Upon written request by the Owner or Owner's Agent, a Building Official may issue a
partial occupancy inspection notice for a portion of a Building or Structure under
Construction when:
(a)
that portion of the Building or Structure is self-contained and provided with
essential services respecting health and safety aspects of the Work, and if
applicable accessibility;
(b)
the requirements set out in Section 13.70 have been met with respect to it;
and
(c)
security deposits and fees are paid as prescribed by the City's Fees and
Charges Bylaw No. 44-14.
13.66 The Owner, developer or Constructor shall ensure that no unsafe condition exists or
will exist resulting from the work being undertaken or not completed.
13.67 The Building Official may withhold an occupancy Permit until the Building, Structure
or part thereof complies with this bylaw, the Building Code and any other applicable
bylaws or enactments.
13.68 The Building Official may revoke an approval for partial occupancy for failure to
comply with any conditions of the approval.
Occupancy
13.69 No person may occupy a Building or Structure or part of a Building or Structure until
an occupancy inspection notice has been issued by a Building Official for:
(a)
occupancy of a Building or Structure or part thereof after completion of
Construction; or
(b)
any change of class of occupancy of any Building or Structure or part thereof.
(44-13)
BYLAW NO. 11-84
PAGE 44
13.70 An occupancy inspection notice will not be issued unless:
(a)
all letters of assurance have been submitted when required in accordance
with this bylaw;
(b)
all aspects of the Work requiring inspection and acceptance pursuant to
Sections 13.38 to 13.46 of this bylaw have both been inspected and
Accepted or the inspections and acceptance are not required in accordance
with this bylaw;
(c)
the Owner has provided to the City a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and
elevation determined in accordance with the City's land use regulations;
(d)
all other documentation required under applicable enactments has been
delivered to the City; and
(e)
where any of the requirements for life and fire safety have been deemed to
be satisfied by an alternative solution pursuant to provisions of the Building
Code, the Owner shall submit to the Building Official, prior to use or
occupancy of the Building or Structure, certification from Qualified Person(s)
responsible for the alternative solution, that the Construction substantially
complies with the requirements set out in the alternative solution report.
13.71 When a registered professional provides letters of assurance in accordance with this
bylaw, the City may rely solely on the letters of assurance when issuing a certificate
authorizing occupancy as assurance that the items identified on the letters of
assurance substantially comply with the design, the Building Code, this bylaw and
other applicable enactments respecting safety.
Completion
13.72 A Completion inspection will stand for Projects such as demolition, fire alarm,
commercial kitchen mechanical ventilation, plumbing and fire suppression, Pools,
Retaining Walls, solar hot water and photovoltaic solar panels, Cranes, and
single-wide CSA Z-240 Manufactured Homes.
PART 14
BUILDING MOVE PERMIT
14.1
Without limiting Section 6.4 of this bylaw, no person shall relocate a Manufactured
Home, Structure, Building or part thereof into the City or from one property to another
within the City unless the Owner or Agent has first obtained a Building Permit for that
purpose as provided for in this bylaw.
Application Requirements
14.2
An application for a Building Permit with respect to a Building move Permit must:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
BYLAW NO. 11-84
PAGE 45
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
provide a site plan showing:
(i)
the location of the proposed Building and any accessory Buildings in
relation to existing Buildings on the property in the form of a site plan
drawn to scale;
(ii)
distances from the proposed Building and all existing Buildings to the
property boundaries;
(d)
provide drawings showing Construction details for on-site Construction as
outlined in Section 13.5 or 13.7; and
(e)
provide written approval from the Manufactured Home Park Owner or
authorized representative.
14.3
The relocation of Manufactured Homes factory constructed and assembled more
than 30 years prior to the date of Permit application is prohibited. The year, make,
model and serial numbers shall be determined by the CSA Rating Plate and/or the
Province of British Columbia Manufactured Home Registry.
14.4
A Building Official may require a report from an accredited restoration company or
registered professional with experience in environmental engineering stating that
there are no environmental issues or hazards regarding health and safety to
occupants prior to issuing a Building Permit to relocate a Manufactured Home,
Modular Home or other Building.
14.5
Where a Manufactured Home or Modular Home is less than five years old, the
building evaluation may be waived by the Building Official.
Permit Issuance
14.6
The Building Official may issue a Permit for Construction involved in the moving of
any Building, Structure or part thereof into or within the City when the Owner has
(a)
finalized disconnection of services;
(b)
finalized any outstanding taxes owing and utility billing accounts to the City;
(c)
have approval for safe route transport in the form of a Permit for Oversize
Vehicle as prescribed by the City's Development, Engineering and
Sustainability Department;
(d)
provided a hazardous materials assessment and clearance letter for the
demolition of any existing on-site Construction for Buildings constructed prior
to 1990, and
(e)
deposited with the City a security deposit as prescribed within the City's Fees
and Charges Bylaw No. 44-14.
(44-13)
(44-13)
BYLAW NO. 11-84
PAGE 46
Completion Conditions
14.7
All Construction including relocations, Alterations and Additions for relocated
Manufactured Homes, Mobile Homes or other Buildings shall be completed within
180 days of the date the Permit was issued.
14.8
If the Owner does not move the Building, Structure or part thereof for which a Permit
is issued and complete Construction within the time specified in Section 14.7, the
Building Official may notify the Owner in writing and direct the Owner to complete
that Work within 30 days from the date of the notice.
14.9
If the Work is not completed within 30 days, the City or its Agent may enter, clean
and tidy the site at the expense of the Owner and the costs shall be deducted from
the security deposit.
14.10 If the Building, Structure or part thereof to be moved is located on a property in the
City, then the property must be returned to a safe, clean and tidy condition within 120
days from the date of issuance of the Permit.
PART 15
DEMOLITION PERMITS
15.1
Without limiting Section 6.4 of this bylaw, a person must not demolish or partially
demolish a Building or Structure without making an application and receiving a valid
Building Permit.
Application Requirements
15.2
An application for a Building Permit with respect to a demolition Permit must
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
provide a site plan showing servicing locations and all Buildings / Structures
indicating habitable, livable, operational floor areas for determining applicable
Development Cost Charges credit;
(d)
provide vacancy date;
(e)
provide a hazardous materials assessment and remediation clearance letter
for Buildings constructed prior to 1990;
(f)
pay seal off fees as set out in the City's bylaws governing water, and sewer
utilities; and
(g)
ensure that all municipal services and other services are sealed and
terminated at the property line to City standards;
(h)
provide a demolition fire safety plan, and a trucking route plan.
(44-13)
BYLAW NO. 11-84
PAGE 47
Demolition sites
15.3
The following items shall be required at demolition sites to the satisfaction of the
Building Official:
(a)
the demolition of Buildings and Structures shall be in accordance with Part 8
of the Building Code Safety Measures at Construction and Demolition Sites;
(b)
all Construction material and debris, including concrete Foundations and
septic tanks are to be removed from the site;
(c)
all services and utilities are to be disconnected at the property lines;
(d)
the site shall be left in a clean and tidy condition within 90 days from the date
of issuance of the demolition Permit;
(e)
should demolition not have commenced by the 90-day expiry date the
Building Official may at their discretion cancel the Permit by written
notification. There shall be no refund for the demolition Permit and where
applicable the security deposit shall be returned;
(f)
any request to extend the 90-day time limit shall be received 30 days prior to
the date of expiry in writing from the Owner, or Owner's Agent, and approved
in writing by the Building Official; and
(g)
where required for industrial and commercial demolition sites the
Environmental Management Act shall apply.
Delayed Demolition Requests
15.4
Upon written request by the Owner or their Agent, a demolition Permit may be issued
without service disconnects or hazardous materials remediation for a period of up to
180 days.
Security for Delayed Demolitions
(44-13)
15.5
Security deposits for demolition Permits shall be required for all delayed demolitions
of Buildings or Structures requiring a Permit in an amount prescribed within the City's
Fees and Charges Bylaw No. 44-14:
(a)
the security deposit shall be held by the City until the site is restored to a safe
and tidy condition to the satisfaction of the Building Official;
(b)
if the Owner fails to leave the site in a clean and tidy condition to the
satisfaction of the Building Official within the 180-day time limit the City or its
Agents may enter, clean and tidy the site at the expense of the Owner and
costs shall be deducted from the security deposit;
(c)
if the security deposit is insufficient to cover the costs of tidying and cleaning
the site the Owner shall within 30 days of invoice from the City pay the
balance of the costs over the amount of the security deposit; and
BYLAW NO. 11-84
PAGE 48
(d)
if the costs are unpaid on the 31st day of December in the year on which the
demolition occurred the costs shall be added to and form part of the property
taxes payable as taxes in arrears.
PART 16
FIRE ALARM PERMITS
16.1
Without limiting Section 6.4 of this bylaw, a person must not install, replace or alter a
fire alarm system without making application and receiving a valid Building Permit.
Application Requirements
16.2
An application for a fire alarm Permit with respect to any occupancy must
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed with the City's Fees and Charges
Bylaw No. 44-14, and
(c)
include a set of design drawings and specifications prepared by a registered
professional along with letters of assurance in hard copy or in PDF digital
format as prescribed by the City.
Professional Design and Commissioning
16.3
The design, installation, commissioning and maintenance shall conform to:
(a)
the Building Code; and
(b)
all relevant standards of the National Fire Protection Agency (NFPA)
pertaining to fire alarm systems.
16.4
Where a Permit is required, no engineered system shall be put into use until it has
been tested and accepted by the registered professional who is responsible for its
design, as applicable.
PART 17
COMMERCIAL MECHANICAL VENTILATION PERMITS
17.1
Without limiting Section 6.4 of this bylaw, a person must not install, replace or alter a
commercial cooking system, spray booth operation or wood dust collection without
making application and receiving a valid Building Permit.
Application Requirements
17.2
An application for a commercial cooking system, spray booth operation or wood dust
collection system Permit shall:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(44-13)
BYLAW NO. 11-84
PAGE 49
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14; and
(c)
include a set of design drawings, prepared by a registered professional along
with letters of assurance in either hard copy or PDF digital format as
prescribed by the City.
Design Standards
17.3
The design, installation and maintenance of a commercial cooking system, spray
booth operation or wood dust collection system shall conform to:
(a)
the Building Code, Division B, Part 6 Heating, Ventilation and
Air-conditioning;
(b)
the Building Code, Division B, Part 3, Section 3.2.5 Provisions for Fire
Fighting; and
(c)
all relevant standards of the National Fire Protection Agency (NFPA)
pertaining to fire suppression systems.
Inspections and Commissioning
17.4
Where a mechanical system has been installed or altered under Permit for a
commercial kitchen, spray booth or wood dust collection system, it shall not be put
into use until it has been tested and accepted by the registered professional who is
responsible for its design and installation, as applicable.
PART 18
PLUMBING AND FIRE SUPPRESSION PERMITS
18.1
Without limiting Section 6.4 of this bylaw, a person must not install, replace or alter a
water meter, plumbing or fire suppression system without making application and
receiving a valid Building Permit.
Application Requirements
18.2
An application for a plumbing or fire suppression Permit shall
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
provide a set of isometric drawings where Works are not performed by a
Qualified Plumber for single-family dwellings Projects; or
(d)
provide a set of design drawings, including storm water management
systems, prepared by a registered professional along with letters of
assurance.
(44-13)
(44-13)
BYLAW NO. 11-84
PAGE 50
18.3
The design, installation and maintenance of plumbing and fire suppression systems
shall conform to:
(a)
the Building Code, Division B, Part 7;
(b)
the Building Code, Division B, Part 3, Section 3.2.5 Provisions for Fire
Fighting; and
(c)
all relevant standards of the National Fire Protection Agency (NFPA)
pertaining to fire suppression systems.
(d)
Water service lines shall be installed at a minimum depth of 1.8 m.
(e)
Sanitary sewer service lines shall be installed at a minimum depth of 1.5 m
Inspections and Commissioning
18.4
Where a plumbing system has been installed or altered under Permit for a Simple
Building, an inspection shall be requested before:
(a)
the system is covered up; and/or
(b)
the system is used.
18.5
Where a plumbing system or fire suppression system has been installed or altered
under Permit for a Complex Building it shall not be put into use until it has been
tested and accepted by the registered professional who is responsible for its design,
as applicable.
PART 19
POOL PERMITS
19.1
Without limiting Section 6.4 of this bylaw, a person must not Construct, or structurally
repair, a Pool without making application and receiving a valid Building Permit.
Application Requirements
19.2
An application for a Building Permit with respect to a Pool Permit must:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
include a set of design drawings, site plan showing location and distance
from property lines to the proposed Pool and any accessory Buildings in
relation to existing Building on the property in hard copy or in PDF digital
format as prescribed by the City;
(44-13)
BYLAW NO. 11-84
PAGE 51
(d)
Construction details for the Pool and the proposed method of enclosure of the
Pool area; and
(e)
approval of design from the Interior Health, if the Pool is accessible for public
use.
Professional Design
19.3
In accordance with Section 11.1 of this Bylaw, Professional Design and field reviews
may be required, subject to the complexity of the design and the condition of soils
where the Pool is to be located.
Fencing
19.4
A swimming Pool must be enclosed within a fence, a Building, or a combination of
fence and Building constructed without footholds or grips that children may use to
climb into the enclosed area, having a minimum height of 1.5 m and no openings
greater than 10cm at their greatest dimension;
19.5
The fence or equivalent barrier referred to in Section 19.4 shall be of chain link type
material, provided the openings do not exceed five centimeters (5 cm) and the wire is
not less than no. 11 gauge, solid material with a flat vertical surface, or vertically
oriented material.
19.6
A swimming Pool fence or equivalent temporary barrier shall be in place, inspected
and approved prior to placing the water in a Pool.
19.7
Fences or barriers for swimming Pools are not required on properties zoned
Agricultural, Future Development, Resource Extraction or Country Residential, as
established by the City of Kamloops Zoning Bylaw, where the Pool is located forty-
five metres (45 m) or more from the nearest property line.
Pool Gate
19.8
Access through a fence enclosing a swimming Pool must be only through a self-
closing and self-latching gate designed and constructed or installed so as to cause
the gate to return to a closed position when not in use and secured by a latch located
on the swimming Pool side of the gate, unless the access to the swimming Pool is
from a dwelling located on the same property as the swimming Pool, the access may
be directly from the dwelling.
19.9
All openings or gates in the fence or barrier shall be locked closed when not in use.
Spa or Hot Tub Lid
19.10 In lieu of a fence, a spa or Hot Tub may be covered with a locking cover, which
would prevent unauthorized access to the water.
BYLAW NO. 11-84
PAGE 52
Below Grade Pools
19.11 Every below grade Pool shall be surrounded by a non-slip walkway, designed so that
the surface water shall drain away from the Pool.
Above Ground Pools
19.12 A swimming Pool which is located above ground and has vertical sides of at least
1.5m may be protected from access by fencing the access ladder to limit access,
with a child-resistant self-closing and self-latching gate through the fence.
Maintenance
19.13 A person may not use or occupy a swimming Pool unless the Owner or occupier of
property on or in which a Pool, spa or Hot Tub is located maintains every fence or
cover required under Sections 19.4 to 19.12 in good order, and without limitation
maintains and repairs in good order at all times all sagging gates, loose parts, torn
mesh, missing materials, worn latches, locks or broken or binding members.
Leaks or Other Failures
19.14 A person may not obtain a valid and subsisting Building Permit for or use or occupy a
Pool without first delivering to the Building Official at the time of the Building Permit
application an opinion of a registered professional that the design of the Pool will not
cause or result in leaks or other failures of the Pool.
Drainage
19.15 Drainage from Pools must be discharged via sanitary sewer connection on the
property or other means acceptable to the Building Official. Exceptions may be made
for properties on private septic systems.
19.16 No direct connection shall be made between any sewer or any other drainage
system and any line connected to a swimming Pool.
Backflow Prevention
19.17 No Pool shall be designed with a direct connection from the domestic water supply
below the flood level of the Pool unless protected by an approved backflow
prevention device.
Public Pools
19.18 Pools intended for public use shall not be occupied until an Operating Permit for the
Pool has been issued by the Interior Health.
BYLAW NO. 11-84
PAGE 53
PART 20
RETAINING WALLS AND GRADES
20.1
Without limiting Section 6.4 of this bylaw, a person must not Construct, or structurally
repair, a Retaining Wall without making an application and receiving a valid Building
Permit.
Application Requirements
20.2
An application for a Building Permit with respect to a Retaining Wall Permit must
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
include a set of design drawings, a site plan showing all Buildings, Structures
& servicing and specifications prepared by a registered professional along
with letters of assurance in hard copy or PDF digital format as prescribed by
the City.
Professional Design and Permit Closure
20.3
A registered professional shall undertake the design and conduct field reviews of the
Construction and drainage of a retaining Structure;
(a)
greater than 1.2 m in height;
(b)
where a sequence of walls, regardless of height, are located closer than 2
horizontal to 1 vertical;
(c)
where site drainage is impacted as determined by the City;
(d)
where other geotechnical concerns exist as determined by the City; or
(e)
where the Retaining Wall is supporting another Building or Structure,
Site Safety Conditions
20.4
If a Building Official determines that an unsafe condition exists as the result of the
Construction of a Retaining Wall requiring a Building Permit, a guard or fence may
be required.
Finished Grades and Slope Retention
20.5
Except as certified by a professional engineer with expertise in geotechnical
engineering registered in the Province of British Columbia, fill material placed or
excavation into the natural grade on a parcel must not have a surface slope
exceeding a ratio of one linear unit vertically to two linear units horizontally, unless
restrained by a Permitted Retaining Wall.
(44-13)
BYLAW NO. 11-84
PAGE 54
20.6
Retaining Walls are not permitted to be constructed of stacked un-cemented rock or
boulders, tires, or creosoted timbers.
20.7
No person may occupy a Building unless the finished grade complies with all
applicable enactments.
20.8
The maximum grade for a new residential driveway shall not exceed 10%.
PART 21
SOLAR HOT WATER & PHOTOVOLTAIC SOLAR PANEL PERMIT
21.1
Without limiting Section 6.4 of this bylaw, a person must not install or alter a solar
domestic hot water system or photovoltaic solar panel system without making an
application and receiving a valid Building Permit.
Application Requirements
21.2
An application for a Building Permit with respect to a solar panel system must
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
be accompanied by plans showing the location of the proposed solar panel
system in relation to existing Buildings on the property in the form of a site
plan drawn to scale;
(d)
include Construction details for the attachment of the panels to the Building
and provide a sealed drawing by a registered professional to confirm that
structural members of the Building are designed to accommodate the
anticipated loads for solar domestic hot water systems and where
photovoltaic solar systems incorporate a ballast system.
21.3
For hot water systems, compliance with CAN/CSA-F383-87, Installation Code for
Solar Domestic Hot Water Systems, as referred to in the British Columbia Building
Code is required.
21.4
Prior to obtaining a Permit for a photovoltaic solar panel system with connection to
the BC Hydro electric grid system the Owner shall enter into a net-metering
agreement with the BC Hydro and provide proof of agreement.
Commissioning
21.5
Prior to operating a solar panel system the Owner shall provide:
(a)
Verification from the registered professional of record, where applicable; and
(b)
For photovoltaic systems, a remote system disconnect switch location
approved by BC Hydro and Kamloops Fire Rescue for shutdown in the event
of an emergency.
(44-13)
BYLAW NO. 11-84
PAGE 55
PART 22
TEMPORARY BUILDING PERMIT
22.1
Subject to the bylaws of the City and order of Council, the Building Official may issue
a Building Permit for the installation or placement of a Temporary Building or
Structure for occupancy if:
(a)
the Permit is for a period not exceeding one year; and
(b)
the Building or Structure is located in compliance with the City's Zoning
Bylaw, built in compliance with the Building Code and this bylaw, and
connected, as required by enactments, to City utility services.
Application requirements
22.2
An application for a Building Permit for the erection or placement of a Temporary
Building or Structure must be made in the form of a temporary Permit application on
the prescribed form, signed by the Owner or their Agent, and must include:
(a)
plans and supporting documents showing the location and building height of
the building or Structure on the parcel;
(b)
plans and supporting documents showing Construction details of the Building
or Structure;
(c)
pay the application fee as prescribed in the City's Fees and Charges Bylaw
No. 44-14;
(d)
a statement by the Owner, or Owner's agent indicating the intended use and
duration of the use;
(e)
plans and supporting documents showing proposed parking and loading
spaces;
(f)
a written description of the Project explaining why the Building is temporary;
(g)
a copy of an issued development Permit, if required;
(h)
in the case of a manufactured Building, a CSA label in respect of
manufacture and, without limitation, a Quonset or other steel Building must
be certified in accordance with CSA Standard A660;
(i)
a report or drawing by an engineer, architect or designer confirming
compliance with the Building Code, this bylaw, the City's Zoning Bylaw and
other applicable bylaws;
(j)
in the case of a Temporary Building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code; and
(k)
a security as prescribed in the City's Fees and Charges Bylaw No. 44-14,
which may be used by the City to remove the Building after one year of the
date of the occupancy inspection required under this bylaw; or
(44-13)
(44-13)
BYLAW NO. 11-84
PAGE 56
(l)
the security must be returned to the Owner if the Owner removes the
Temporary Building within one year of the date of the occupancy inspection
of the Temporary Building required under this bylaw.
(44-13)
22.3
Before receiving a Building Permit for a Temporary Building or Structure for
occupancy, the Owner must pay the City the applicable Building Permit fee set out in
the City's Fees and Charges Bylaw No. 44-14. A Permit fee for a Temporary Building
or Structure is not refundable.
PART 23
CRANE PERMIT
23.1
Without limiting Section 6.4 of this bylaw, a person must not erect or use a Crane
without making an application and receiving a valid Building Permit.
Application Requirements
23.2
An application for a Building Permit with respect to a Crane must:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
be accompanied by plans showing the location and swing of the proposed
Crane location in relation to existing Buildings and properties in the form of a
site plan drawn to scale;
(d)
provide Crane Type credentials including;
(i)
name of operator; and
(ii)
valid certification from BC Crane Safety
(e)
provide formal acceptance from neighbouring property owners that are
affected by the swing of the crane;
(f)
provide a flight path - Transport Canada Aeronautical Assessment for
Obstruction Marking and Lighting (if applicable);
(g)
include a fire safety plan including a Technical High Angle Rope Rescue
Agreement for review by Kamloops Fire Rescue;
(h)
provide a Geotechnical engineer's soils report for bearing capacity for a tower
crane base; and
(i)
include a set of sealed design drawings, prepared by a registered
professional along with letters of assurance for the design of the crane base
support.
(44-13)
BYLAW NO. 11-84
PAGE 57
Commissioning
23.3 Where a Permit is required, no crane shall be put into use until it has been tested
and accepted by the registered professional who is responsible for its design, as
applicable.
PART 24
STORAGE RACKING PERMIT
24.1
Without limiting Section 6.4 of this bylaw, a person must not install or use a storage
racking system without making an application and receiving a valid Building Permit.
Application Requirements
24.2
An application for a Building Permit with respect to a Storage Racking System must:
(a)
be made in the prescribed form and signed by the Owner, or a signing officer
if the Owner is a corporation;
(b)
pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c)
include a detailed floor plan highlighting all racking, interior walls, exits, travel
distances and aisle widths and clearances conforming the BC Fire code;
(d)
include an analysis indicating the commodities classification, area of the
storage, height of storage and if the building is sprinklered or non-sprinklered;
(e)
when the building is sprinklered, provide verification of the existing sprinkler
design conforms from a sprinkler engineer; and
(f)
include a set of sealed design drawings, prepared by a registered
professional along with letters of assurance for the racking and structural slab
supporting the racking system in either hard copy or PDF digital format.
Professional Design and Commissioning
24.3
The design, installation, commissioning and maintenance shall conform to the
Building Code.
24.4
Where a Permit is required, a storage racking system shall not be used until it has
been accepted and a letter of assurance has been provided by the registered
professional who is responsible for its design, as applicable.
(44-13)
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PART 25
SOLID FUEL BURING APPLIANCE PERMIT
25.1
Without limiting Section 6.4 of this bylaw, a person must not install, alter or use a
solid fuel burning appliance without making an application and receiving a valid
Permit.
Application Requirements
25.2
An application for a Building Permit with respect to a Solid fuel burning appliance
must:
(a) be made in the prescribed form and signed by the Owner, or a signing officer if
the Owner is a corporation;
(b) pay applicable application fee as prescribed in the City's Fees and Charges
Bylaw No. 44-14;
(c) be accompanied by plans showing the location of the solid fuel burning appliance
including dimensions from walls or other interior structures, and
(d) the appliance and flue manufacturers specifications.
Inspections and Commissioning
25.3 The design, installation, commissioning and maintenance shall:
(a) conform to the manufacturer's specifications,
(b) the Building Code, and
(c) be installed by a WETT certified installer.
25.4 Where a solid fuel burning appliance has been installed or altered under Permit, an
inspection shall be requested:
(a) A framing inspection when the appliance and associated flue has been installed
within a framed assembly, and
(b) Final inspection prior to the appliance being used and shall be provided with
verification of installation from a Wood Energy Technology Transfer (WETT)
certified inspector.
(44-13)
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PART 26
ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS
26.1
Prior to the issuance of a Building Permit for a Simple Building of multi-family or
commercial occupancy under Part 9 of the Building Code, the Owner must satisfy the
Building Official that the Building or Structure for which the Permit is issued will be
served by a fire access route that satisfies the following:
(a)
Kamloops Fire Rescue vehicle access requirements, as amended from time
to time, and
(b)
the Building Code.
PART 27
FIRE FIGHTING WATER SUPPLY FOR PART 9 SIMPLE BUILDINGS
27.1
Every simple Building shall be provided with adequate water supply for firefighting as
described in the City's Subdivision and Development Control Bylaw, Design Criteria
Manual or;
(a)
be redesigned to meet the applicable fire flow rates; or
(b)
be fully sprinklered with a sprinkler system designed with the appropriate
National Fire Protection Association (NFPA) standard and there must be
assurance that the water supply pressure and quantity are unlikely to fail.
PART 28
CLIMATIC DATA
28.1
The climatic data for the design of Buildings in the City shall be the data listed in the
current edition of Division B - Appendix C to the Building Code for Kamloops, British
Columbia and the values noted in this part.
28.2
Frost protection requirements
(a)
1.2 m - Mt. Dufferin and south of Trans Canada Highway, except Valleyview
and Dallas
(b)
900 mm - Valleyview, Dallas and north of Trans Canada Highway
28.3
Ground snow load
(a)
- SS *2.4 kPa - Mt. Dufferin and south of Trans-Canada Highway, except
Valleyview and Dallas
(b)
- SS *1.8 kPa - Valleyview, Dallas and north of Trans-Canada Highway
(c)
- SR0.2
BYLAW NO. 11-84
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PART 29
ENERGY CONSERVATION and GHG EMISSIONS REDUCTION
Step Code Requirements
29.1
In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the City incorporates by reference the BC Energy Step Code and Zero
Carbon Step Code as outlined in the Building Code.
29.2
For a Part 9 or Part 3 Building or Structure that is designed in compliance with the
applicable step of the BC Energy Step Code and Zero Carbon Step Code but where
the constructed Building or Structure does not meet the performance requirements of
the applicable step of the energy Step Code, the Building Official may issue an
inspection note for partial occupancy, or occupancy of the Building or Structure and a
Section 57 of the Community Charter will be registered against the property title
stating that the Building or Structure has not met the design requirements for the
applicable step of the BC Energy Step Code.
29.3
The Owner of any Building subject to a requirement under section 29.1 or section
29.2 must do the following prior to the issuance of any occupancy Permit in respect
of the Building:
(a)
Part 9 - Simple Buildings
(i)
submit to the City a BC Energy Compliance Report - As built with all
sections including section "F" completed; and
(ii)
affix one of the following home energy labels to the Building in a
conspicuous location, upon or in close proximity to the electrical
panel:
(A)
an EnerGuide Rating System label
(B)
a Passive House Certification; or
(C)
a comparable home energy label acceptable to the Building
Official
(b)
Part 3 - Complex Buildings
(i)
Submit to the City a BC Energy Step Code and Zero Carbon Step
Code Part 3 Building Energy Design Checklist
29.4
Prior to receiving a Building Official's written acceptance for subsection 13.42(m), the
Owner shall submit a mid-Construction compliance report as prescribed within the
Building Code.
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PART 30
NUMBERING OF BUILDINGS
30.1
Immediately upon issuance of a Building Permit governing the Construction,
Alteration or repair of a Building, or prior to and during occupancy of a Building, the
Owner or occupant must display the address number assigned to it by the City:
(a)
on or over the entrance to the Building or where landscaping or Structures
obscure the visibility of a Building entrance from the adjacent highway, on the
Building property within sight of the adjacent highway; and
(b)
until such time as the Building is removed from the site or has been
demolished.
30.2
Despite Section 30.1 the City's Planning Department may renumber or alter the
assigned numbers in respect of any Building or any parcel, including those already in
existence or numbered.
30.3
Without limiting Sections 30.1 or 30.2, a Building Official must, on the issuance of a
Building Permit, designate a house number or set of house numbers related to the
Building authorized by the Permit. The Owner or occupier must post the number or
numbers on the site immediately after obtaining the Building Permit and keep the
numbers posted in a conspicuous location at all times during Construction.
30.4
Without limiting Sections 30.1 through 30.3, on issuance of an occupancy Permit, the
Owner or occupier of the parcel must affix the numbers permanently in a
conspicuous place on the Building such that the number is visible from an adjacent
highway that is not a lane.
PART 31
TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION
31.1
Where a temporary residence is required during the period of Construction of a new
residence, the following conditions shall apply:
(a)
no more than one temporary residence shall be permitted on a lot, and the lot
shall be not smaller than 0.4ha (0.9884 acres);
(b)
the temporary residence may include a modular Manufactured Home or an
existing single-family dwelling legally sited on the subject property;
(c)
a Manufactured Home or Modular Manufactured Home that is used for a
temporary dwelling shall be sited in conformity with the regulations of this
bylaw and the Provincial Health Act and shall not be sited on a permanent
Foundation with a basement or crawl space excavation;
(d)
the temporary residence shall be removed from the Owner's land within 30
days of the end of the period of Construction of the new residence except that
the temporary residence may be converted to any non-residential use
Permitted within the applicable zone subject to compliance with all other
regulations of the applicable zone with respect to density and the siting, size,
and dimensions of the Building;
BYLAW NO. 11-84
PAGE 62
(e)
removal of all kitchen and bathroom cabinets, plumbing fixtures, hot water
tanks, furnaces, and sewer connections except that some of said facilities
may be retained for home occupation and workshop purposes as determined
by the Building Official;
(f)
refinishing of the exterior of the Building to portray a Building intended for the
proposed use; and
(g)
completion of the conversion within 30 days of the end of the period of
Construction of the new residence;
(h)
a covenant shall be registered pursuant to Section 219 of the Land Title Act
to Permit the temporary residence during the period of Construction and to
prohibit the temporary residential use from continuing after the period of
Construction ends. The covenant shall also include an agreement by the
Owner to indemnify and save harmless the City against all costs and
expenses incurred by the City, in default by the Owner, in the conversion,
demolition, or removal of the temporary residence, and/or legal costs incurred
in pursuing such legal remedies as the City sees fit. The covenant shall be
registered as a condition precedent to the issuance of a Building Permit for
the new residence;
(i)
a blanket statutory right-of-way shall be granted to the City Permitting the City
to enter onto the Owner's land for the purpose of converting, demolishing, or
removing the temporary residence in the event that the Owner defaults. The
statutory right-of-way plan shall be registered as a condition precedent to the
issuance of a Building Permit for the new residence;
(j)
an irrevocable unconditional letter of credit shall be drafted in favour of the
City, to be held as security for performance by the Owner of their covenants
and obligations with respect to the conversion, demolition or removal of the
temporary residence. The amount of the letter of credit shall be 1.5 times the
estimated cost of conversion, demolition, or removal of the temporary
residence, which estimate shall be obtained from a qualified Building,
demolition, or moving contractor. The letter of credit shall be provided as a
condition precedent to the issuance of a Building Permit for the new
residence.
(k)
Notwithstanding the above provisions;
i) where a Manufactured Home is intended to be used as the temporary
residence, a letter of credit or certified cheque in the amount of
$5,000.00 may be Accepted by the Building Official.
ii) where a Modular Home is intended to be used as the temporary
residence, a letter of credit or certified cheque in the amount of
$10,000.00 may be Accepted by the Building Official; and
BYLAW NO. 11-84
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(l)
for the purposes of this section, "period of Construction" shall mean the
period of time commencing when a Building Permit is issued for the new
residence and ending either two years from the date of issuance of the Permit
or when notice of conversion, demolition, or removal is delivered to the
Owner, whichever event first occurs. The notice of conversion, demolition, or
removal of the temporary residence shall be in writing and delivered from the
office of the Building Official of the City.
PART 32
OFFENCES AND ENFORCEMENT
Violations
32.1
Without limiting Part 7 of this bylaw, every person who:
(a)
violates a provision of this bylaw;
(b)
permits, suffers or allows any act to be done in violation of any provision of
this bylaw; or
(c)
neglects to do anything required to be done under any provision of this bylaw;
commits an offence and on summary conviction by a court of competent jurisdiction,
the person is subject to a fine of not more than $10,000.00, a term of imprisonment
not exceeding three months, or both, in addition to the costs of prosecution. Each
day during which a violation, contravention or breach of this bylaw continues is
deemed to be a separate offence.
32.2
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.
32.3
Every person who commences Work requiring a Building Permit without first
obtaining such a Permit must, if a Stop Work Order is issued and remains
outstanding for 30 days, pay an additional charge as outlined in the City bylaws.
Deemed Offence
32.4
An Owner is deemed to have knowledge of and be liable for a violation of this bylaw
and subject to the penalties under section 32.1 of this bylaw in respect of any
Construction on the parcel the Owner owns and any change in the use, occupancy
or both of a Building or Structure or part of a Building or Structure on that parcel.
32.5
No person is liable for a violation of this bylaw under Section 32.4 who establishes,
on a balance of probabilities, that the Construction or change of use or occupancy
occurred before they became the Owner of the parcel.
32.6
Nothing in Section 32.5 affects:
(a)
the City's right to require an owner to correct work that was undertaken in
violation of this bylaw before that person became the owner of the parcel;
BYLAW NO. 11-84
PAGE 64
(b)
the owner's obligation to obtain a Permit to correct work that was undertaken
in violation of this bylaw before that person became the owner of the parcel;
and
(c)
the obligation of the Owner to otherwise comply with this bylaw in respect of
construction or a change of use or occupancy that occurred before they
became the owner of the parcel.
Ticketing
32.7
The offences in the City of Kamloops Municipal Ticket Information Bylaw, as
amended or replaced from time to time, are designated for enforcement under
Section 264 of the Community Charter.
PART 33
UNSAFE CONDITIONS
33.1
If the supply of electricity or natural gas have been disconnected due to a hazardous
or potentially hazardous situation existing in the Building or Structure or part thereof,
the supply of electricity or natural gas to the Building or Structure shall not be
reconnected and the Building shall not be occupied until:
(a)
the Owner has applied to the Building Official for a special safety inspection
pursuant to this part and has paid the required fees;
(b)
the Building or Structure or part thereof has been inspected by the Building
Official and, if considered necessary by the Building Official, by the City Fire
Chief for compliance with this bylaw and any other bylaws or Provincial
statutes or regulations relating to Building, electrical, gas or fire safety;
(c)
the Owner has obtained Permits required to carry out the Works necessary to
bring the Building or Structure or part thereof into compliance with the bylaws,
statutes, and regulations; and
(d)
all of the Works referred to in Section 33.1(c) have been completed and the
Building or Structure has been brought into compliance with bylaws, statutes
and regulations.
PART 34
IN FORCE
34.1
This bylaw shall be effective on April 1, 2025.
BYLAW NO. 11-84
PAGE 65
READ A FIRST TIME the
14th
day of
January
2025.
READ A SECOND TIME the
14th
day of
January
2025.
READ A THIRD TIME the
14th
day of
January
2025.
THIRD READING RESCINDED this
25th
day of
February
2025.
THIRD READING AS AMENDED this 25th
day of
February
2025.
ADOPTED this
4th
day of
March
2025.
ORIGINAL SIGNED BY
MAYOR
R. HAMER-JACKSON
ORIGINAL SIGNED BY
CORPORATE OFFICER
M. MAZZOTTA