Keremeos, British Columbia
· No. 835
· adopted 2019-09-16
· summary & facts
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VILLAGEOF KEREMEOS
BUILDINGBYLAWNO.835, 2019
Table of Contents
PART 1: TITLE.........................................................................................................................
..........
..1
Citation ...........................................................................................................................................
..1
PART 2: INTERPRETATION...............................................................................................................
.
..1
Definitions ......................................................................................................................................
..1
Appendices .....................................................................................................................................
..4
Severability ....................................................................................................................................
..4
PART 3: PURPOSE OF BYLAW............................................................................................................
..4
PART 4: SCOPE AND EXEMPTIONS....................................................................................................
..5
Application .....................................................................................................................................
..5
Limited Application to Existing Buildings .....................................................................................
..6
PART 5: PROHIBITIONS..................................................................................................................
...
..6
PART 6: PERMITCONDITIONS...........................................................................................................
..7
PART 7: POWERS OF A BUILDINGOFFICIAL.......................................................................................
..7
Administration ...............................................................................................................................
..7
Refusal and Revocation of Permits ...............................................................................................
..8
Right of Entry .................................................................................................................................
..8
Powers .......................................................................................................................................
....
..8
PART 8: OWNER'SRESPONSIBILITIES................................................................................................
..9
Permit Requirements ....................................................................................................................
..9
Owner's Obligations ......................................................................................................................
..9
Damage to Municipal Works.......................................................................................................
..1O
Demolition ...................................................................................................................................
..1O
Notice ...........................................................................................................................................
..11
PART 11: BUILDINGAPPLICATIONREQUIREMENTS.........................................................................
..13
Requirements
Before Applying for a Building Permit ................................................................
..13
Building Permit Applications for Complex Buildings..................................................................
..14
Building Permit Applications for Simple Buildings .....................................................................
..16
Site and Location Information .....................................................................................................
..18
Building Permit Fee .....................................................................................................................
..19
Security Deposit with Building Permit Application ....................................................................
..19
Permit Fee Refunds .....................................................................................................................
..20
Design Modification ....................................................................................................................
..2O
Construction
Before Permit Issued .............................................................................................
..21
Expiration of Application for a Permit ........................................................................................
..21
Issuance of a Building Permit ......................................................................................................
..21
Issuance of Partial Permits ..........................................................................................................
..22
Refusal to Issue Building Permit .................................................................................................
..22
Compliance with the Homeowner
Protection Act ......................................................................
..22
Partial Construction .....................................................................................................................
..22
Conditions of a Building Permit ..................................................................................................
..23
Inspections ...................................................................................................................................
..23
Stop Work Order..........................................................................................................................
..25
Do Not Occupy Notice .................................................................................................................
..25
Inspection and Other Fees ..........................................................................................................
..25
Permit Expiration .........................................................................................................................
..26
Permit Extension..........................................................................................................................
..26
Building Permit Revocation .........................................................................................................
..26
Building Permit Cancellation .......................................................................................................
..26
Occupancy ....................................................................................................................................
..27
Temporary
Buildings ....................................................................................................................
..28
Maintenance ................................................................................................................................
..30
Drainage ......................................................................................................................................
.
..3O
PART 16: ENERGYCONSERVATION AND GHG EMISSION REDUCTION...............................................
..3O
PART 17: DEMOLITIONPERMITS.....................................................................................................
..31
Application Requirements ...........................................................................................................
..31
Demolition Sites ..........................................................................................................................
..31
PART 18: PLUMBING PERMITS.................................................................................................
.......
..31
PART 19: CLIMATICDATA.....................................................................................................
..........
..31
PART 20: OFFENCES.........................................................................................................
...............
..32
Violations .....................................................................................................................................
..32
Deemed Offence ................................................................................................................
..........
..32
Ticketing ......................................................................................................................................
.
..32
Notice on Title..................................................................................................................
............
..32
PART 21: REPEAL...........................................................................................................
.................
..33
PART 22: IN FORCE.........................................................................................................
................
..33
Appendix A
-- Letter of Authorization..............................................................................................
..34
Appendix B
-- Owner's Undertaking .............................................................................................
...
..35
Appendix C - Confirmation of Professional
Liability Insurance .........................................................
..37
Appendix D
-- Confirmation of Required Documentation .................................................................
..38
Appendix E
--- Village of Keremeos Climatic Data ....................................................................................
..41
Village of Keremeos
BUILDINGBYLAWNO. 835, 2019
A Bylawfor Administration of the BuildingCode and Regulation of Construction
GIVENthat the Council
A.
May by bylaw regulate, prohibit and impose requirements
in respect to buildings and structures
under sections 8(3)(g) and (l) of the Community Charter for the following under section 53(2):
(a) The provision of access to a building or other structure,
or to part of a building or other
structure, for a person with disabilities;
(b) The conservation of energy or water;
(c) The reduction of greenhouse gas emissions;
(d) The health, safety or protection of persons or property;
is enacting this bylaw to regulate construction and administer the British Columbia Building
Code in the Village of |<eremeos
in accordance with the Community Charter and the BuildingAct;
C.
Has employed trained BuildingOfficialsfor the purposes of this bylaw;
NOW THEREFOREthe Council ofthe Village of Keremeos enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited for all purposes as the "Vi||age of Keremeos BuildingBylaw No. 835,
2019".
PART 2: INTERPRETATION
Definitions
2.1
In this bylaw
Accepted means reviewed by the BuildingOfficialunder the applicable provisions ofthe Building
Code and this bylaw;
Addition means an alteration to any building which willincrease the total aggregate
floor area
Building Code means the British Columbia Building Code as adopted by the Minister responsible
under provincial legislation, as amended or re~enacted from time to time;
Building Officialmeans the person designated in or appointed to that position by the Village of
l<eremeos, and includes a building inspector, plan checker, plumbing inspector, gas inspector, or
electrical inspector designated or appointed by the Village of l<eremeos, and for certainty the
BuildingOfficialis the "Building lnspector" referred to in the Community Charter and Local
Government
Act;
Complex building means:
(a)
A building used for a major occupancy classified as:
i.
Assembly occupancy;
ii.
Care occupancy;
iii.
Detention occupancy;
iv.
High hazard industrial occupancy;
v.
Treatment
occupancy; or
vi.
Post--disasterbuilding,
(b)
A building exceeding 600 square metres 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,
Coordinating
registered professional
means a registered professional retained pursuant
to the
Building Code to coordinate all design work and field reviews ofthe registered professionals
required for a development;
Construct (or construction) includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct,
demolish, remove, excavate
or shore;
Constructor
means a person who constructs;
Engineers and Geoscientist Act means the Engineers and Geoscientists Act RSBC1996, c. 116;
Existing, in respect of a building, means that portion of a building constructed prior to the
submission of a permit application required under this bylaw;
Foundation means a system or arrangement
offoundationunits through which the loads from a
building are transferred directly to supporting soil or rock and includes any portion ofthe
Permit means permission or authorization in writing by the BuildingOfficialto perform work
regulated by this bylaw and, inthe case of a final inspection notice, to occupy a building or part
of a building;
Plumbing System means a drainage system, water distribution system and venting system
or
parts thereof.
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 0.6 m, including an in-ground pool and hot tub;
Professionaldesign means the plans and supporting documents bearing the date, seal or stamp,
and signature of a registered professional;
Project means any construction operation;
Retaining wall means a structure
exceeding 1.2 metres
in height that holds or retains soil or
other material behind it;
Simple building means a building of three storeys or less in building height, having a building
area not exceeding 600 square metres and used for a major occupancy classified as
(a) Residential occupancy;
(b) Business and personal services occupancy;
(c) Mercantile occupancy;
(d) Medium hazard industrial occupancy; or
(e) Low hazard industrial occupancy,
Structure
means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and retaining
structures
less than 1.22 meters
in height;
Temporary
building includes a sales office, construction office or a structure
in which tools are
stored during construction of a building or other structure;
Value ofthe work means that amount that is calculated as follows
(a) For construction of a building containing a residential occupancy that is served by only one
stove, or two stoves if permitted as an auxiliary and secondary residential occupancy, the
greater
of
i.
The declared value ofthe work; or
ii.
The value calculated pursuant
to the Village of Keremeos Fees and Charges Bylaw;
professional, designer, detention occupancy, excavation, fieldreview, firewall, first
storey,
grade, high hazard industrial occupancy, industrial occupancy,
/ow 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 unsafecondition;
(b)
Subject to this bylaw, set out in the Schedule to the Community Charter: assessed value,
highway, /and, occupier, parcel, public authority, service and soil; and
(c)
Subject to this bylaw, set out in section 29 ofthe Interpretation
Act: may, must,
obligation, person, property,
writing, written and year.
2.3
Every reference to this bylaw in this or another bylaw ofthe Village of Keremeos
is a reference
to this bylaw as amended to the date of the reference.
2.4
Every reference to
(a)
The Building Code is a reference to the current
edition as ofthe date of issuance of 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--enactedfrom time to time.
2.5
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.
Appendices
2.6
Appendices Athrough Eare attached to and form part of this bylaw.
Severability
2.7
Ifa section, subsection, paragraph, subparagraph or phrase of 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 3: PURPOSE OF BYLAW
3.1
3.2
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance with this
Part.
Every permit issued under this bylaw is issued expressly subject to the provisions ofthis Part.
(c)
Providing any person 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 a warranty
or assurance that construction undertaken under
building permits issued by the Village of Keremeos is free from latent, or any, defects, or
(e)
The protection of adjacent real property from incidental damage or nuisance.
PART 4: SCOPEAND EXEMPTIONS
Application
4.1
This bylaw applies to the geographical area of the Village of Keremeos and to land, the surface
of water, air space, buildings or structures
in the Village.
4.2
This bylaw applies to the design, construction or occupancy of new buildings or structures
(including on site preparations,
interconnection
of modules, connection to services and
installation of appliances for mobile homes and factory built houses), and the alteration,
reconstruction, demolition, removal, relocation or occupancy or change of use or occupancy of
existing buildings and structures
(including on site preparations,
interconnection
of modules,
connection
to services and installation of appliances for mobile homes and factory built houses).
4.3
This bylaw does not apply to
(a)
Except as set out in PART12: (Retaining Walls) of this bylaw, a fence;
(b)
An accessory building with a floor area of less than 10 square metres that does not
create a hazard;
(c)
Atrellis, an arbour, a wall supporting soilthat is less than 1.22 metres in height, or other
similar landscape structures
on a parcel zoned for sing|e--fami|yresidential occupancy
uses under the Village of Keremeos' zoning bylaw;
(d)
Buildings or structures
exempted by Part 1 of the Building Code except as expressly
provided herein;
(e)
Factory built housing and components
complying with CAN/CSA
2240 MH Series
standard or A277 series, but this exemption does not extend to on site preparations
(foundations, mountings), connection to services and installation of appliances;
(f)
Non--structuralalterations and repairs to single and two-family residential dwelling
which alterations do not affect the building envelope, including:
i.
Re~covering existing roofs;
ii.
Re-cladding existing exterior walls;
iii.
Repainting;
iv.
The repair or replacement of a valve, faucet, fixture or sprinkler head in a
Limited Application to Existing Buildings
4.4
4.5
4.6
4.7
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
ofthis bylaw is not to be
interpreted
as requiring that the building must be reconstructed and altered, unless it is
expressly so provided by this or another bylaw, regulation or statute.
This bylaw applies ifthe whole or any part of an existing building is moved either within or into
the Village of Keremeos, including relocation relative to parcel lines created by subdivision or
consolidation. PART 13: applies to building moves.
Ifan alteration is made to an existing building the alteration must comply with this bylaw and
the Building Code and the entire building must be made to comply with this bylaw and the
Building Code, but only to the extent
necessary to address any new infractions introduced in the
remainder ofthe building as a result of the alteration.
If an alteration creates
an addition to an existing building, the alteration or addition must
comply with this bylaw and the Building Code and the entire building must be made to comply
with this bylaw and the Building Code, but only to the extent
necessary
to address any new
infractions introduced in the remainder of the building as a result of the alteration or addition.
PART 5: PROHIBITIONS
5.1
5.2
5.3
5.4
A person must 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
ofthe Building Code and this bylaw; and
(b)
Unless a BuildingOfficialhas issued a valid and subsisting permit for the work under this
bylaw.
A person must not occupy or permit the occupancy of any building or structure
or part of any
building or structure
(a)
Unless a subsistingfinal
inspection notice has been issued by a Building Officialfor the
building or structure
or the part of the building or structure;
or
(b)
Contrary to the terms of any permit issued or any notice given by a Building Official.
A person must not knowingly submit false or misleading information to a Building Officialin
relation to any permit application or construction undertaken
pursuant
to this bylaw.
Except in accordance with this bylaw, including acceptance
of revised plans or supporting
documents, a person must not erase, alter or modify plans and supporting documents after the
same have been reviewed by the Building Official,or plans and supporting documents which
5.8
5.9
5.10
A person must not construct
on a parcel unless the civic address is conspicuously posted on the
front ofthe premises or on a signpost so it may be easily read from the public highway from
which it takes its address.
A person must not contravene
an administrative requirement
of a BuildingOfficialmade under
section 7.6 or any other provision of this bylaw.
A person must not change the use, occupancy or both of a building or structure
or a part of a
building or structure
without first applying for and obtaining a building permit under this bylaw.
PART 6: PERMITCONDITIONS
6.1
6.2
6.3
6.4
Apermit is required ifwork regulated under this bylaw is to be undertaken.
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 Village of Keremeos will in any way
(a)
Relievethe owner (and ifthe owner is acting through an agent, the agent ofthe 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.
No person shall rely on any permit as establishing compliance with this bylaw or assume or
conclude that this bylaw has been administered or enforced according to its terms.
Without limiting section 6.2(a), it is the full and sole responsibility ofthe owner (and ifthe
owner is acting through a representative,
the representative
ofthe owner) to carry out the work
in respect of which the permit was issued in compliance with the Building Code, this bylaw and
all other applicable codes, standards and enactments.
PART 7: POWERS OF A BUILDINGOFFICIAL
Administration
7.1
7.2
Words defining the authority of a BuildingOfficialare to be construed as internal administrative
powers and not as creating a duty.
A BuildingOfficialmay
(a)
Administer this bylaw, but owes no public duty to enforce or administer this bylaw;
submitted by the owner, at the owner's sole expense, where such evidence or proof is
necessary
to determine whether the material, equipment,
device, construction or
foundationcondition complies with this bylaw and the Building Code.
Refusal and Revocation
of Permits
7.3
A BuildingOfficialmay refuse to issue a permit ifthe proposed work will contravene
the
requirements
of the BuildingCode or the provisions of this or any other bylaw of the Village of
l<eremeos, and must state the reason in writing.
7.4
A Building Officialmay revoke a permit if,
la)
(b)
(C)
(d)
Right of Entry
there is a violation of any condition under which the permit was issued;
there is a violation of any provision in the Building Code, this bylaw or any other bylaw
of the Village of l<eremeos;
The permit was issued in error or on the basis of false or incorrect information; or
in their opinion, the results of tests on materials, devices, construction methods,
structural assemblies orfoundationconditions contravene
the Building Code or the
provisions of this bylaw, or both, or if allpermits required under this bylaw have not
been obtained.
7.5
Subject to section 16 of the Community Charter, a Building Officialmay enter on property
at any
time to ascertain whether the requirements
of this bylaw are being met, or ifthe Building
Officialhas any reason to believe that an unsafe condition exists.
Powers
7.6
Subject to applicable enactments,
a Building Officialmay by notice in writing require
(a)
(b)
A person who contravenes
any provision ofthis bylaw to comply with that provision
within the time ordered;
An owner to stop work on a building or structure,
or any part of a building or structure,
if
the work is proceeding in contravention
of this bylaw, the Building Code, or any other
enactment
ofthe Village of Keremeos or other applicable enactments,
or ifthere is
deemed to be an unsafecondition, and may enter
on property
to affix or post a stop
work order in the form prescribed by the Building Official;
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 an enactment;
7.7
7.8
(i)
An owner to correct any unsafecondition; and
(I)
An owner to correct any work that contravenes
this bylaw, the BuildingCode,or any
other enactment.
Every reference to "owner" in section 7.6 includes a reference to the owner's agent or
constructor.
Every person served with a notice under this Part must comply with that notice
i.
Within the time ordered, or
ii.
Ifno time is ordered, immediately.
PART 8: OWNER'S RESPONSIBILITIES
Permit Requirements
8.1
8.2
Subject to PART11: ofthis bylaw, every owner must apply for and obtain a permit, prior to
(a)
Constructing,
repairing or altering a building or structure,
including a pool or retaining
wall;
b)
Moving a building or structure
into or within the Village of |<eremeos;
(
(c)
Demolishing a building or structure;
(d)
Occupying a new building or structure;
(e)
Constructing a masonry fireplace or installing a solid fue|--burningappliance or chimney,
whether attached to, part of, or detached from a building;
(f)
Installation of a plumbing system;
(g)
Changing the use or occupancy of a building
unless the works are the subject of another valid and subsisting building permit.
Every owner must 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.
Owner's Obligations
8.3
Every owner must
(a)
Comply with the Building Code, the requirements
of this bylaw and the conditions of a
permit, and must not omit any work required by the Building Code, this bylaw or the
conditions of a permit;
(b)
Ensure that allpermits, all plans and specifications and supporting documents on which
a permit was based, all municipal inspection certificates, and all professionalfield
reviews are available at the site ofthe work for inspection during working hours by the
Building
and that allpermits are posted conspicuously on the site during the
8.5
registered professional shall relieve the owner, or his or her agent,
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.
Every owner must allow a Building Officia/toenter
any buildings or premises at any reasonable
time to administer and enforce this bylaw. Every owner to whom a permit is issued must, during
construction,
(a)
Post the 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 on the property
so that it may be easily read from the public highway
from which the property takes its address; and
(c)
Provide Building Officialswith safe access to the work site and all areas requiring
inspections.
Damage to Municipal Works
8.6
8.7
8.8
8.9
The owner is responsible for conducting an inspection ofthe
existing conditions of all public
properties
adjacent to the building site and reporting any existing damage to the Building
Official prior to commencing
work. Any damage to public facilities detected at final inspection
willbe assumed to be caused by the owner unless reported prior to commencing work.
Every owner to whom a permit is issued is responsible for the cost to repair any damage to
municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
In addition to payment
of a security deposit under sections 11.9 to 11.13, every owner must pay
to the Village of Keremeos, within 30 days of receiving an invoice for same from the Village, the
cost to repair any damage to public property
or works located on public property
arising directly
or indirectly from work for which a permit was issued.
Amounts
listed in section 8.8 that remain unpaid as of 30 days after issuance shall be added to
taxes in arrears of the property
to which the fees or charges apply, pursuant
to section 258 ofthe
Community Charter.
Demolition
8.10
Prior to obtaining a permit to demolish a building or structure, the owner must
(a)
Provide to the Village of l<eremeos a vacancy date;
(b)
Provide a hazardous materials assessment
and clearance letter for buildings or
structures
constructed
prior to 1992;
Notice
8.13
8.14
8.15
8.16
8.17
8.18
Every owner must, at least 48 hours prior to commencing work at a building site, give written or
online notice to a BuildingOfficialof the date on which the owner intends to begin such work.
Every owner must give written or online notice to a Building Officialof any change in or
termination of engagement
of a registered professional, including a coordinating registered
professional, during construction, within 24 hours ofwhen the change or termination occurs.
Ifan owner or a registered professional terminates the engagement
of a registered professional,
including a coordinating registered professional, the owner must terminate allwork under a
building permit until the owner has engaged a new registered professional, including a
coordinating registered professional, and has delivered to a Building Officialnew letters of
assurance.
Without limiting sections 11.35 to 11.49, every owner
must give at least 48 hours' online or
written notice to a BuildingOfficial
(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 priorto covering; and
(c)
When work has been completed so that a final inspection can be made.
Every owner must give notice in writing to a Building Officialand pay the non--refundab|e
fee set
out in the Village of Keremeos Fees and Charges Bylaw immediately upon any change in
ownership or change in the address of the owner which occurs prior to the issuance of an
occupancy permit.
Every owner must give such other notice to a Building Officialas may be required by the Building
Officialor by a provision ofthis bylaw.
PART 9: OBLIGATIONS OF OWNER'SCONSTRUCTOR
9.1
9.2
9.3
Every constructor
must ensure that all construction is done in compliance with all requirements
of the BuildingCode,this bylaw and all other applicable codes, standards and enactments.
Every constructor
must ensure that no excavation or other work is undertaken on public
property,
and that no public 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.
For the purposes ofthe administration and enforcement ofthis bylaw, every constructor
is
responsible jointly and severally with the owner for all work undertaken.
PART 10: REGISTEREDPROFESS|ONAL'S
RESPONSIBILITIES
10.2
Schedules CA or C--B,as appropriate,
referred to in subsection 2.2.7, Division C, of the
Building Code.
Ifa registered professional provides letters of assurance
in accordance with the Building Code,
they must also provide proof of professional liability insurance to the Building Officialin the
form and amount
set by Appendix Cto thisbylaw.
Requirement
for a Registered
Professional
10.3
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--Aand C--Breferred to in
subsection 2.2.7, Division C, ofthe
Building Code, in respect of a permit application
(a)
Prior to the pre~occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
(b)
Prior to a final 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 must provide the Village of l<eremeos with letters of
assurance
in the form of Schedules CA or C--B,as appropriate,
referred to in subsection
2.2.7, Division C, ofthe BuildingCode;
(c)
A building that is designed with common egress systems
for the occupants
and requires
the use offirewallsin accordance with the Building Code;
(d)
Prior to alterations to a building, or to a structural component
of a building described in
paragraph (b);
(e)
For a building in respect of which the Building Officialdetermines that site conditions,
size or complexity so warrant
in the interests of safety of persons or protection of
property
under the Building Code;
(f)
if the building envelope components
of the building fall under Division B Part 3 ofthe
Building Code, the building contains more than two dwellings, or ifthe building
envelopes do not comply with the prescriptive requirements
of Division B Part 9 of the
Building Code; and
(g)
For a parcel of land on which a building or structure
is proposed ifthe BuildingOfficial
believes the parcel is or is |i|<e|yto be subject to flooding, mud flows, debris flows,
debris torrents,
erosion, land slip, 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
i.
For a report certified by a professional engineer with experience
in geotechnical
engineering that the parcel may be used safely for the use intended, and
(fl
lg)
(h)
vi.
North arrow
vii.
if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system,
water supply system or storm water
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 grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to ascertain
foundationheight;
xii.
First storey floor elevation;
xiii.
Location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xiv.
Line of upper floors;
xv.
Location and elevation of curbs, sidewalks, manholes, and service poles;
xvi.
Location of existing and proposed service connections;
xvii.
Location and species of trees greater
than 10 centimetres
in diameter;
xviii.
Location of top bank and water courses;
xix.
Access routes for firefighting;
xx.
Accessible paths of travel from the street
to the building;
xxi.
Geodetic elevation ofthe underside of a wood floor system or the top of a
finished concrete
slab of a building or structure
where the Village of Keremeos'
land use regulations or provincial flood mapping regulations establish siting
requirements
related to minimum floor elevation,
Except that the BuildingOfficialmay waive, in whole or in part, the requirements
for a
site plan, ifthe permit is sought for the repair or alteration of an existing building or
structure;
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;
include a cross-section through the building or structure
in sufficient detail and locations
to illustrate foundations, drainage, ceiling heights and construction systems;
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
(I)
(n)
(0)
Include a letter of assurance in the form of Schedule A referred to in subsection 2.2.7
Division C, of the Building Code, signed by the owner, or a signing officer ifthe owner is a
corporation, and the coordinating registered professional;
Include letters of assurance
in the form of Schedule B referred to in subsection 2.2.7
Division C, of the Building Code, each signed by such registered professionals as the
Building Officialor Building Code may require to prepare the design for and conduct
fieldreviews of the construction of the building;
Include two sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information
set out in (g) to (k) of this section;
and
Include illustration of any slopes on the subject parcel that exceed 30%.
11.3
In addition to the requirements
of section 11.2 of this bylaw, a Building Officialmay 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)
(b)
(C)
Site servicing drawings, including sufficient detail of off~site services to indicate locations
of the property
line, prepared and sealed by a registered professional, in accordance
with the Village's Subdivision and Development Servicing bylaw;
A section through the site showing grades, buildings, structures,
parking areas and
driveways; and
Any other information required by the Building Officialor the Building Code to establish
substantial compliance with this bylaw, the Building Code and other bylaws and
enactments
related to the building or structure.
Building Permit Applications for Simple Buildings
11.4
An application for a building permit with respect to a simple building must
(a)
(bi
(c)
(d)
Be made in the form prescribed by the Building Officialand signed by the owner, or a
signing officer ifthe owner is a corporation;
Be accompanied by the owner's acknowledgement of responsibility and undertaking
made in the form attached as Appendix Band signed by the owner, or a signing officer if
the owner is a corporation;
Include a copy of a title search for the relevant property
made within 30 days of the
date ofthe permit application;
Include a copy of a survey plan prepared by a BritishColumbia land surveyor except that
the Building Officialmay waive the requirement
for a survey plan, in whole or in part,
Professional Plan Certification
10.5
10.6
10.7
10.8
10.9
The letters of assurance in the form of Schedules A and Bas referred to in subsection 2.2.7,
DivisionAC,ofthe Building Code referred to in sections 10.1 and 10.3 are relied upon by the
Village of |<eremeos
and its BuildingOfficialsas certification that the design and plans to which
the letters of assurance
refer comply with the Building Code, this bylaw and other applicable
enactments.
Letters of assurance must be in the form of Schedule A and B referred to in subsection 2.2.7,
Division C, of the Building Code.
For a building permit issued for the construction of a complex building, the Building Officialshall
provide the owner with a notice that the building permit is issued in reliance on the certification
of the registered professional that the professional design and plans submitted in support of the
application for the building permit comply with the Building Code and other applicable
enactments.
Any failure on the part ofthe Building Officialto provide the owner with the notice
will not diminish or invalidate the reliance by the Village of Keremeos or its Building Officialson
the registered professionals.
Ifa building permit is issued for a complex building in accordance with PART 10: of this bylaw,
the permit fees payable under the Village of |<eremeos
Fees and Charges Bylawshall be reduced
by 25%.
Ifa building permit is issued for a simple building in accordance with PART 10: ofthis bylaw, the
permit fees payable under the Village of Keremeos Fees and Charges Bylawshall be reduced by
10%.
Alternative Solutions
10.10
An owner who wishes to provide alternative solutions to satisfy one or more ofthe
requirements
of the Building Code or this bylaw must submit sufficient evidence, certified by a
professional engineer or architect, 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 the Village of Keremeos
Fees and Charges bylaw.
PART 11: BUILDINGAPPLICATIONREQUIREMENTS
Requirements
Before Applying for a Building Permit
11.1
Prior to issuance of a building permit, the owner must satisfy the following requirements
or
conditions:
(a)
The owner must apply for and obtain a development
permit ifthe building or structure
is
id)
if)
(h)
The owner must provide evidence to the Building Officialshowing 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;
ifthe parcel that is the subject ofthe building permit application is not intended to be
connected to the Village of Keremeos' sewage disposal system, the owner must apply
for and obtain approval from the Village of |<eremeos
and other applicable public
authorities for an alternate private sewage
disposal system;
Ifthe parcel that is the subject of the building permit application is not intended to be
connected to the Village of i<eremeos waterworks system, the owner must apply for and
obtain approval from the Village of Keremeos and other applicable public authorities for
an alternate
water
supply system;
ifthe parcel that is the subject ofthe building permit application is not intended to be
connected to the Village of |<eremeos'
storm water
drainage system, the owner must
apply for and obtain approval from the Village of i<eremeos and other applicable public
authorities for the alternate
storm
water
drainage and detention system; and
Ifall on site and off site works and services required by a Village of i<eremeos bylaw or
other enactment
have not been completed in accordance with the enactments,
the
owner must enter into a completion agreement
with the Village of i<eremeos and
deliver to the Village letters of credit or cash security for completion of the works and
service.
Building Permit Applications for Complex Buildings
11.2
An application for a building permit with respect to a complex building must
(a)
(bi
Be accompanied by the owner's acknowledgment
of responsibility and undertaking
made inthe form attached as Appendix Bto this bylaw and signed by the owner, or a
signing officer ifthe owner is a corporation;
include a copy of the title search for the relevant property
made within 30 days of the
date of the permit application;
Include a Building Code compliance summary including the applicable edition ofthe
Building Code, such as without limitation whether the building is designed under Part 3
or Part 9 of the Building Code, major occupancy c|assification(s) of the building, building
area and building height, number of streets the building faces, and accessible entrances,
work areas, washrooms, firewalls and facilities;
include a copy of a survey plan prepared by a BritishColumbia land surveyor;
(fl
(g)
(h)
v.
Setbacks to the natural boundary of any lake, swamp, pond or watercourse;
vi
North arrow
vii.
Ifapplicable, location of an approved existing or proposed private or other
alternative sewage disposal system,
water supply system or storm water
drainage system;
viii.
The location, dimensions and gradient of parking and parking access;
ix.
Proposed and existing setbacks to property
lines;
x.
Natural and finished grade at building corners and datum determination points;
xi.
First storey floor elevation;
xii.
Location, setbacks and elevations of allretaining walls, steps, stairs and decks;
xiii.
Lineof upper floors;
xiv.
Location and elevation of curbs, sidewalks, manholes, and service poles;
xv.
Location of existing and proposed service connections;
xvi.
Location and species of trees greater
than 10 centimetres
in diameter;
xvii.
Location of top bank and water courses;
xviii.
Access routes for firefighting;
xix.
Accessible paths oftravel from the street to the building;
xx.
Zoning compliance summary; and
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 Village of Keremeos'
land use regulations or provincial flood mapping regulations establish siting
requirements
related to minimum floor elevation,
Except that for a simple building the BuildingOfficialmay waive, in whole or in part, the
requirements
for a site plan, ifthe permit is sought for the repair or alteration of an
existing building or structure;
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; structural elements; and stair dimensions;
include a cross~section through the building illustratingfoundations,
drainage, ceiling
heights and construction
systems;
Include elevations of all sides ofthe building or structure
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 Village Zoning Bylaw and
11.5
11.6
(k)
(ml
(n)
Except for garages, carports
and garden structures
located on land, include afoundation
and excavation design prepared by a registered professional in accordance with the
Building Code;
Include geotechnical letters of assurance, in addition to a required geotechnical report,
ifthe Building Officialdetermines that the site conditions so warrant;
Include two sets of drawings at a suitable scale of design including the information set
out in (f))to (i) of this section; and
Include a Building Code compliance summary including the applicable edition ofthe
Building Code, such as, without limitation, whether the building is designed under Part 3
or Part 9 and compliance with articles 2.2.2.1(2), Division C of the Building Code.
In addition to the requirements
of section 11.4 of this Part, if a project involves
Two or more buildings, the gross floor areas of which in the aggregate
total more than
1000 square metres;
Two or more buildings that will contain four or more dwelling units; or
Otherwise ifthe complexity of the proposed building or structure
or siting circumstances
warrant,
a Building Officialmay require the following be submitted with a permit application for the
construction of each simply building in the project
(0')
(e)
(f)
(g)
(h)
A section through the site showing grades, buildings, structures,
parking areas and
driveways;
A roof plan and roof height calculations;
Structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
Letters of assurance in the form of Schedule B referred to in Division C of the Building
Code, signed by a registered professional; and
Any other information required by the BuildingOfficialor the Building Code to establish
substantial compliance with this bylaw, the Building Code and other bylaws and
enactments
relating to the building or structure.
The Building Officialmay waive requirements
ofthis section in whole or in part, where the
permit is sought for a project of limited scope.
Site and Location Information
11.7
Without limiting sections 1l.2(e) or 11.4(d) of this Part, the BuildingOfficialmay in writing
require an owner to submit an up--to~dateplan or survey prepared by a registered British
(d)
In relation to construction of a new building, or addition to an existing building, prior to
and after the placement of concrete forfoundationsand footings, 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 the
requirement.
Building Permit Fee
11.8
Before receiving a building permit for a building or structure, the owner must first pay to the
Village of Keremeos
(a)
lb)
(c)
A non~refundab|e
p|an--processingfee in accordance with the Village of l<eremeos Fees
and Charges Bylaw. lfa permit is issued the plan processing fee shall be credited to the
building permit fee;
The building permit fee prescribed in the Village of l<eremeos Fees and Charges Bylaw;
and
Any fees, charges, levies ortaxes
imposed by the Village and payable under an
enactment
at the time of issuance of the building permit.
Security Deposit with Building Permit Application
11.9
11.10
An applicant for a building permit must pay to the Village of l<eremeos, at the time ofthe
application, the security deposits set out in the Village of Keremeos
Fees and Charges bylaw for
the following new or existing structures:
(a)
(ll
For a single family dwelling or two family dwelling;
Multifamily dwelling;
Commercial buildings;
Industrial or Institutional buildings;
Building moves;
Demolition permits
The security deposit sum set out in section 11.9 of this Part
(a)
(b)
Covers the cost borne by the Village 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;
Covers the cost borne by the Village to make the site safe ifthe permit holder abandons
or fails to complete the work as designated on the permit;
11.12
11.13
(b)
When the inspections required by this bylaw are complete and acceptable to the Village
of Keremeos and
(c)
When the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction ofthe Building Official;
only ifthe applicant has requested the return ofthe security.
Any credit greater
than the amount
ofthe security deposit used by the Village for the purposes
described in sections 11.9 to 11.11 of this Part will be returned to the permit holder unless
otherwise so directed by the permit holder. Any amount
in excess ofthe security deposit
required by the Village to complete corrective work to public lands, public works, or the site, is
recoverable by the Village from the permit holder, the constructor
or the owner of the property.
ifthe proposed work includes excavation or construction on lands within 10 metres of works or
services owned by the Village, the owner must deliver to the Building Officiala signed
agreement
in a form prescribed by the Village's Public Works Manager
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 the owner's
expense and to the satisfaction of the Public Works Manager,
and the owner must deposit with
the Village security in accordance with sections 11.9 to 11.12 of this Part.
Permit Fee Refunds
11.14
11.15
11.16
11.17
11.18
No fee or part of a fee paid to the Village of Keremeos may be refunded ifconstruction of the
building has started.
The Building Officialmay approve a refund of an application fee or portion thereof only if plan
checking has not commenced.
A building permit or other permit fee may be partially refunded, only if
(a)
The owner has submitted a written request for a refund;
(b)
The Building Officialhas certified a start has not been made on the construction of the
building or structure;
and
(c)
The permit has not expired.
A building permit or other permit fee is not refundable after the permit has been extended
under section 11.53 ofthis Part.
Except as otherwise provided in this bylaw, allfees and charges paid or payable under this bylaw
shall be non--refundab|e.
Design Modification
Construction
Before Permit Issued
11.20
11.21
Ifany construction for which a permit is required by this by--|awhas commenced before a
building permit is issued by the Building Official,the owner ofthe real property
on which the
construction is being done shall pay to the Village of Keremeos
as follows:
(a)
An additional charge equal to 25% of the building permit fee as prescribed in the Village
of Keremeos Fees and Charges Bylaw, if a completed application is received within 30
days of notification that a building permit is required;
(b)
if a Stop Work Order or Do Not Occupy Notice is issued and remains outstanding for 30
days, the fee pursuant
to the Village of l<eremeos Fees and Charges Bylawshall be
doubled, to a maximum of $10,000.00
Ifconstruction has advanced without inspection to a stage where compliance with this bylaw or
other applicable bylaws or enactments
cannot
be readily determined, the Building Officialmay
require tests and investigations by an independent
agency at the owner's expense to establish
compliance or provided recommended remedial measures to be taken, prior to the issuance of a
permit.
Expiration of Application for a Permit
11.22
11.23
A building permit or other permit application expires 180 days from the date a complete
application is received under this Part ifthe building permit or mechanical permit is not issued
by the application expiration date, unless the permit is not issued only due to delays caused by
the Village of Keremeos.
When a building permit or other permit application is cancelled
(a)
The application fee is forfeited to the Village of Keremeos; and
(b)
The plans and related documents submitted with the application may be destroyed.
Issuance of a Building Permit
11.24
11.25
Eachbuilding, structure
or part thereof constructed on a site requires a separate
permit and
shall be assessed a separate
permit fee based on the value ofthat building, structure
or part
thereof.
If
(a)
A completed application in compliance with sections 11.2 and 11.3 or sections 11.4 and
11.5 ofthis Part, including all required supporting documentation, has been submitted;
(b)
The owner has paid all applicable fees set out in sections 11.8 to 11.21 of this Part and
The Village of |<eremeos
Fees and Charges Bylaw;
No covenant,
agreement,
resolution or regulation of the Village of l<eremeos requires or
authorizes the permit to be withheld
(g)
the Building Officialmust issue the permit, in the form prescribed by the Building Official,for
which the application is made, and the date of issuance is deemed to be the date the Village
gives written notice to the owner that the permit is ready to be picked up by the owner.
Issuance
of Partial Permits
11.26
The Building Officialmay 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 reviewed
provided sufficient information has been provided to the Village of l<eremeos to demonstrate to
the Building Officialthat the portion authorized to be constructed substantially complies with
this and any other applicable Village of Keremeos
bylaws and the permit fee applicable to that
portion ofthe 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 ifthe
permit for the portion of the building or structure
had not been issued.
Refusal to Issue Building Permit
11.27
Despite section 11.25, the Building Officialmay refuse to issue a permit when
(a)
the owner has been notified of a violation ofthis bylaw about the construction,
occupancy or use of another building or structure
by the owner on the property,
and
such violation has not been remedied;
the results of the tests referred to in Section 7.2(d) are not satisfactory to the Building
Official;or
(c)
the parcel referred to inthe permit application does not have vehicular access.
(bl
Compliance with the Homeowner
Protection Act
11.28
11.29
Ifthe application is 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 "residentia|
builder" as defined in that Act.
Section 11.28 ofthis Part does not apply ifthe owner is not required to be licensed and to
obtain home warranty
insurance in accordance with sections 20(1) or 30(1) of the Homeowner
11.32
permit was issued having commenced, the owner must fill in the excavation to restore the
original gradients ofthe site within 60 days of being served noticed by the Villageto do so.
Ifa building permit has expired and partial construction has progressed, with no extension
requested ofthe BuildingOfficialunder section 11.53, permanent
type fencing with privacy
screen complying with the Village's Zoning Bylaw, must be erected around the building site for
protection to the public.
Conditions of a Building Permit
11.33
11.34
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 Officialin writing, the Building Officialhas
authorized the transfer or assignment in writing and the owner has paid the non--refundablefee
required under the Village of Keremeos Fees and Charges Bylaw. The transfer or assignment of
a building permit is not an extension of a building permit.
The review of plans and supporting documents and issuance of a building permit do not prevent
the Building Officialfrom 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 ofthis or another bylaw.
Inspections
11.35
11.36
11.37
11.38
Despite the requirement for the BuildingOfficial's
acceptance
of the work outlined in Section
11.38, if a registered professional provides letters of assurance the Village of Keremeos will rely
solely on fieldreviews undertaken by the registered professional and the letters of assurance
submitted pursuant
to this bylaw and the Building Code as assurance that the aspects of the
construction
referenced by those letters of assurance substantially conforms to the design,
plans and specifications and the construction complies with the BuildingCode,this bylaw and
other applicable enactments
respecting safety. Copies of all field reviews must be submitted to
the Village.
Despite section 11.35 of this Part, a Building Officialmay attend the site from time to time
during the course of construction to ascertain that the fieldreviews are taking place and to
monitor the fieldreviews undertaken by the registered professionals.
A BuildingOfficialmay 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.
For all work in respect
of simple buildings the owner must give at least 48 hours notice to the
Village of |<eremeos
when requesting an inspection and must obtain an inspection and receive a
11.39
11.40
11.41
(f)
Under--slab,after slab preparation
for soil gas requirements,
the preparation of ground,
including ground cover when required, perimeter insulation on inside of concrete
foundationwalls prior to covering;
(g)
installation of rough--inplumbing, when complete and under test, prior to covering;
(h)
factory built chimneys and fireplaces and solid fuel burning appliances
i.
in new structures:
rough~in of factory built chimneys, fireplaces and solid fuel
burning appliances, and prior to use;
ii.
in the case of masonry fireplaces prior to completion of the smoke chamber and
again prior to cover up of the masonry f|ue(s).
and the manufacturer's
written instructions and specifications must be made available
to the Building Officialat the time of the inspection(s), including the make, model and
specified clearance requirements;
(i)
framing, sheathing, fire stopping (including drywall in fire separations), fire blocking,
bracing, rough plumbing, rough heating, exterior doors and windows, but prior to the
installation of insulation, interior finishes, sheathing paper or exterior finishes which
would conceal such work;
(j)
insulation, air and vapour barrier;
(k)
Occupancy and final, after the health and safety aspects ofthe work when the building
or structure
is substantially complete, ready for occupancy but prior to occupancy.
A Building Officialwill only carry out an inspection under section 11.38 ifthe owner or the
owner's agent has requested the inspection online or in writing in accordance with this bylaw.
No person may conceal any aspect of the work referred to in section 11.38 of this bylaw until a
Building Officialhas accepted it in writing.
For work in respect
of complex buildings, the owner must
(a)
Give at least 48 hours' online or written notice to the Village of |(eremeos
when
requesting a pre--construction meeting with the BuildingOfficialprior to the start of
construction, and the owner or his or her representative
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 Village of l<eremeos when
requesting a pre~occupancy coordinated by the coordinating registered professional or
other registered professional to have the owner, the constructor
and the registered
professionals demonstrate to the Building Officialand Fire Services the compliance with
the health and safety aspects ofthe work, the coordination and integration
of the fire
and life safety system, applicable Village requirements and other enactments
respecting
Stop Work Order
11.42
11.43
11.44
11.45
11.46
11.47
The Building Officialmay direct the immediate suspension or correction of all or a portion ofthe
construction on a building or structure
by attaching a stop work order notice in the prescribed
form on the premises whenever it is found that the work is not being performed in accordance
with the requirements
ofthe Building Code, any applicable bylaw of the Village of Keremeos or
the applicable provisions ofthe Homeowner Protection Act.
The coordinating registered professional may request,
in writing, that the Building Officialorder
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 Officialmust
consider such a request, and, if not acted upon, must respond, in writing, to the coordinating
registered professional and give reasons.
if a registered professiona/'s services are terminated, the owner must immediately stop any
work that is subject to the registered professional's design orfieldreview and the Building
Officialis deemed to have issued a stop work order under section 11.42.
The owner must immediately, after the posting of a notice under section 11.42, 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 Village.
Subject to section 11.42, no work, other than the required remedial measures
may be carried
out on the parcel affected by the notice referred to in section 11.42 until the stop work order
notice has been removed by the Building Official.
The notices referred to in section 11.42 and 11.48 must remain posted on the premises until
that which is contrary
to the enactments
has been remedied.
Do Not Occupy Notice
11.48
11.49
Ifa person occupies a building or structure
or part of a building or structure
in contravention
of
this bylaw, a Building Officialmay post a Do Not Occupy Notice in the form prescribed by the
Building Officialon the affected part of the building or structure.
Ifa notice is posted under section 11.48, the owner of a parcel on which a Do Not Occupy Notice
has been posted, and every other person, must cease occupancy ofthe building or structure
immediately and refrain from further occupancy until all applicable provisions ofthe 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
(c)
An inspection that requires transportation
other than by motor vehicles or other than
during regular hours, the owner shall make arrangements
in advance for such
inspections and shall pay the Village of Keremeos' actual costs.
Permit Expiration
11.51
11.52
Every permit is issued on the condition that the permit expires and the rights ofthe
owner under
the permit terminate
if
(a)
The work authorized by the permit is not commenced within six months from the date
of issuance of the permit;
(b)
Work is discontinued for a period of six months; or
(c)
The work is not completed within two years ofthe date of issuance ofthe permit.
When a permit has expired, no construction
or other work may continue or commence until a
valid permit authorizes the work.
Permit Extension
11.53
A Building Officialmay extend the period set out under section 11.51 for only one period, not to
exceed twelve months, if construction
has not been commenced or has been discontinued clue
to adverse weather, strikes, material or labour shortages, other similar hardship beyond the
owner's control, or ifthe size and complexity ofthe construction warrants,
if
(a)
Application for the extension is made at least 30 days prior to the date of permit
expiration; and
The non-refundable fee set out in the Village of |<eremeos
Fees and Charges Bylaw has
been paid.
(bl
Building Permit Revocation
11.54
The Building Officialmay revoke a building permit if
(a)
there is a violation of
i.
A condition under which the permit was issued; or
ii.
A requirement
of the Building Code or ofthis or another bylaw of the Village of
|<eremeos;
(b)
the permit was issued in error;
(c)
the Building Officialdetermines that an applicant / owner has provided false or
misleading information on the application or otherwise obtained the permit
fraudulently
11.57
Ifthe owner, or his or her agent,
submits changes to an application after a permit has been
issued and the changes, in the opinion ofthe Building Official,substantially alter the scope of
the work, design or intent of the application in respect ofwhich the permit was issued, the
Building Officialmay cancel or amend the permit and mark on the permit the date of
cancellation or amendment and the word ''cancelled''or "amended".
11.58
Ifa building permit application or permit is cancelled, and construction has not commenced
under the permit, the Building Officialmust return to the owner any fees deposited under the
Village of Keremeos Fees and Charges Bylaw, less
(a)
Any non~refundab|e
portion of the fee; and
(b)
15% ofthe refundable portion ofthe fee.
Occupancy
11.59
No person may occupy a building or structure
or part of a building or structure
until a final
inspection notice has been issued by a Building Officialfor
(a)
The first 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.
11.60
Afinal inspection notice willnot be issued unless
(a)
Allletters of assurance
have been submitted when required in accordance with this
bylaw;
(b)
Allaspects
of the work requiring inspection and acceptance
pursuant
to 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 delivered to the Village of Keremeos
as--bui|t plans of works and services
in digital format as required by the Village;
(cl)
The owner has provided to the Village of Keremeos a building survey prepared by a
BritishColumbia LandSurveyor showing the building height, size, location and elevation
determined in accordance with the Village's land use regulations;
(e)
Allother documentation
required under applicable enactments
has been delivered to
the Village of Keremeos;
(f)
Where any of the requirements
for life and fire safety have been deemed to be satisfied
by an alternate solution pursuant to the 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 the registered professional responsible for the equivalency, that the
construction substantially complies with the requirements
set out in the alternate
11.62
11.63
A Building Officialmay issue a final inspection notice for partial occupancy of a portion of a
building or structure
under construction when
(a)
That portion ofthe building or structure
is self--containedand provided with essential
services respecting health and safety aspects
of the work, and if applicable, accessibility,
GHG emissions and conservation; and
(b)
The requirements
set out in section 11.60 have been met with respect to it.
Afinal inspection notice may not be issued unless
(a)
Allletters of assurance and the Confirmation of Required Documentation described in
Appendix D have been submitted when required in accordance with the requirements
of this bylaw;
(b)
Allaspects of the work requiring inspection and review pursuant
to PART 10: and
sections 11.35 through 11.41 of this bylaw have both been inspected and accepted;
(c)
The owner has executed and delivered to the Village every agreement,
instrument or
form required by the Village in relation to the work or the site; and
(d)
Allrequired offsite works respecting safety have been completed.
Temporary
Buildings
11.64
11.65
Subject to the bylaws of the Village of Keremeos and orders of Council,the BuildingOfficialmay
issue a building permit for the erection and 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 Village's Zoning Bylaw, built
in compliance with the Building Code and this bylaw, and connected, as required by
enactments,
to Village utility services.
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 in the form prescribed by
the Building Official,signed by the owner or agent, and must include
(a)
Plans and supporting documents showing the location and building height of the
building or structure
on the parcel;
Plans and supporting documents showing construction details of the building or
structure;
(c)
A statement
by the owner indicating the intended use and duration of the use;
(0!)
Plans and supporting documents showing the proposed parking and loading space;
(e)
A written description of the project explaining why the building is temporary;
(f)
A copy of an issued development
permit, if required;
ii.
Must be returned to the owner ifthe owner removes the temporary
building
within one year of the date of the final inspection ofthe temporary
building
required under this bylaw; and
(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.
11.66
Before receiving a building permit for a temporary
building or structure
for occupancy, the
owner must pay to the Village of Keremeos the applicable building permit fee set out in the
Village of Keremeos Fees and Charges Bylaw.
11.67
Apermit feefor a temporary
building or structure
is not refundable.
PART 12: RETAININGWALLSAND GRADES
12.1
No person may construct,
or structurally repair, a retaining wall without a building permit.
12.2
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the province of British Columbia, fill material placed on a parcel, unless restrained
by permitted retaining walls, must
not have a surface slope exceeding a ratio of one linear unit
vertically to two linear units horizontally.
12.3
Without limiting section 12.2, no person may occupy a building unless the finished grade
complies with all applicable enactments.
12.4
Ifa Building Officialdetermines that an unsafe condition exists as a result of the construction of
a retaining wall requiring a building permit, a guard or fence may be required.
PART 13: BUILDINGMOVE
13.1
No person may move a building or structure
into or within the Village of Keremeos
(a)
Except where certified by a registered professional that the building, including its
foundation, willsubstantially comply with the current version of the Building Code; and
(b)
Abuilding permit has been issued for the building or structure.
PART 14: NUMBERINGOF BUILDINGS
14.1
immediately upon issuance of a building permit governing the construction, alteration or repair
of a building, or prior to and during the occupancy of a building, the owner or occupant
must
display the address number assigned to it by the Village of Keremeos
(a)
On or over the entrance
to the building or where landscaping or structures
obscure the
visibilityof 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.
|<eremeos
14.4
Without limiting sections 14.1 through 14.3, on issuance of an occupancy permit, the owner or
occupier ofthe
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 15: SWIMMING POOLS
Swimming
Pool Permit and Fencing
15.1
Without limiting section 6.1 of this bylaw, a person must not construct,
or structurally repair, a
swimming pool without a valid building permit.
15.2
Apermit application for a pool must be accompanied by a plan showing:
(a)
The location of the proposed pool and any accessory buildings in relation to all existing
buildings on the parcel and the parcel boundaries;
(b)
The type of construction and the proposed method of enclosure.
15.3
A swimming pool, must be enclosed within a fence constructed without footholds or grips that
children may use to climb into the enclosed area, having a minimum height of 1.22 metres
and
no openings greater
than 100 mm at their greatest
dimension.
Pool Gate
15.4
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, spa or hot tub
side ofthe gate.
15.5
A swimming pool which is located above ground and has vertical sides of at least 1.2 metres
may
be protected from access by fencing the access ladder with fencing in accordance with section
15.3.
Maintenance
15.6
A person may not use or occupy a swimming pool, unless the owner or occupier of property
on
or in which a pool is located maintains every fence or cover required under sections 15.3 to 15.5
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.
Drainage
PART 17: DEMOLITION PERMITS
17.1
Without limiting 6.1 of this bylaw, a person must not demolish or partially demolish a building or
structure
without making application and receiving a valid permit.
Application Requirements
17.2
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 of the
owner is a corporation;
(b)
Pay applicable fees pursuant
to the Village of Keremeos
Fees and Charges Bylaw;
(c)
Provide a site plan showing all buildings and structures
and servicing locations;
(d)
Provide a vacancy date;
(e)
Provide a hazardous materials assessment
and clearance letter for buildings or
structures
constructed prior to 1992;
(f)
include a Waste Disposal Plan or a Waste Disposal Application for Demolition and
Renovation Waste in a form prescribed by the Village of Keremeos.
17.3
Applications for demolition permits will not be processed until the Disposal Plan or Waste
Disposal Application is approved by the Village of l<eremeos.
Demolition Sites
17.4
The demolition of buildings and structures
shall be in accordance with Part 8 of the Building
Code "Safety Measures
at Construction
and Demolition Sites".
17.5
Where required for industrial and commercial demolition sites, the Environmental Management
Act shall apply.
PART 18: PLUMBING PERMITS
18.1
Without limiting section 6.1 ofthis bylaw, a person must not install, replace or alter a plumbing
system without making application and receiving a valid permit.
18.2
An application for a plumbing permit shall
(a)
Be made in the prescribed form and signed by the owner, agent or a signing officer ifthe
owner is a corporation;
(b)
Include the applicable fee as set out in the Village of Keremeos
Fees and Charges Bylaw;
PART 20: OFFENCES
Violations
20.1
20.2
20.3
Without limiting PART5: ofthis 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 ofthis bylaw;
and
(c)
Neglects to do anything required to be done under any provision ofthis 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 or 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.
Every person who fails to comply with any administrative requirement
issued by a Building
Official,or who allows a violation ofthis bylaw to continue, contravenes
this bylaw.
Every person who commences
work requiring a building permit without first obtaining such a
permit must, if a Stop Work notice is issued, pay additional fees as outlined in Section 11.20 of
this bylaw.
Deemed Offence
20.4
An owner is deemed to have knowledge of and be liable under 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.
20.5
No person is deemed liable under section 20.4 who establishes, on a balance of probabilities,
that the construction or change or use or occupancy occurred before he or she became the
owner of the parcel.
20.6
Nothing in section 20.5 affects
(a)
The Village of l<eremeos'right to require and the owner's obligation to obtain a permit;
and
(b)
The obligation ofthe owner to comply with this bylaw.
Ticketing
20.7
The offences in Schedule 3 of the Village of l<eremeos Municipal Ticketing Information BylawNo.
803, 2013 are designated for enforcement.
(b)
The deficient construction has been corrected and completed so that the conditions
whichgave rise to the filing of the notice have been rectified; and
(c)
The owner has paid the applicable fee set out in the Villageof Keremeos Fees and
Charges Bylaw.
PART21: REPEAL
21.1
Villageof Keremeos BuildingBylaw,800, 2013, as amended, is repealed as of the date of
adoption.
21.2
Despite Section 21.1, with respect to a building permit issued on or before the date of adoption,
provisions of Bylaw800, 2013 shallapply as ifthe bylaw remained inforce.
PART22: INFORCE
22.1
Thisbylawcomes into force as of the date ofadoption, below.
READA FIRSTTIMEthis 6"'day of August, 2019.
READA SECONDTIMEthis 6"'day of August, 2019.
READATHIRDTIMEthis 3'"day of September, 2019.
ADOPTEDthis 16"'day of September, 2019.
MAYOR
C IEFADMINISTR IVEOFFICER
Consolidated under the provisions of the Community Chart 'Jrtoinclude Bylaw 835-01, 2023.
Printed under the authority of the Corporate Officer of the V llage of Keremeos this 6th day of
June 2023.
Property address:
Legaldescription:
Appendix B
-- Owner's Undertaking
This undertaking is given by the undersigned, as the owner of the property
described above,
with the intention that it be binding on the owner and that the Village of Keremeos will rely on
same.
Iconfirm that I have applied for a building permit pursuant
to "Village of Keremeos Building
BylawNo. 835, 2019 (the "Bylaw") and that I have carefully reviewed and fully understand all of
the provisions of the Bylawand in particular, understand, acknowledge and accept the
provisions describing the purpose of the Bylaw,the conditions under which permits are issued,
the disclaimer of warranty
or representation
and the limited extent of the scope of the Bylaw
and inspections thereunder.
Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility to
ensure compliance with the BuildingCode and the Bylawwhether any work to be performed
pursuant
to the permit applied for is done by me, a contractor
or a registered professional.
Iam not in any way relying on the Village of Keremeos or its building officials, as defined under
the Bylaw,to protect the owner or any other persons as set out in PART4: of the Bylawand I
will not make any claim alleging any such responsibility or liability on the part ofthe Villageof
Keremeos or its building officials.
Ihereby agree to indemnify and save harmless the Village of Keremeos and its employees from
all claims, liability,judgments, costs and expenses of every kind which may result from
negligence or from the failure to comply fully with all bylaws, statutes
and regulations relating
to any work or undertaking in respect
of which this application is made.
I am authorized to give these representations,
warranties, assurance
and indemnities to the
Village of |<eremeos.
Owner's Information:
Name (print):
Name (print):
Address:
Where owner is an individual:
Signed, sealed and delivered in the presence of:
Owner's Signature
Witness's Signature
Owner's Name (print)
Witness's Name (print)
Witness's Address
Where owner is a corporation:
Name of Corporation
Signed, sealed and delivered in the presence of:
Per:
Witness's Signature
Authorized Signatory
Name
Witness's Name (print)
(PRINT)
Witness's Address
Where owner is a partnership:
Name of Partnership
Signed, sealed and delivered in the presence of:
Per:
Witness's Signature
Authorized Signatory
Name
Witness's Name (print)
(PRINT)
Witness's Address
Appendix C
-- Confirmation of Professional Liability Insurance
1.
ThisConfirmation
Letter must be submitted along with each BCBuilding Code Schedule A and Schedule B
beforeissuance ofa building permit.
A separate
Confirmation
Letter must be submitted foreach
registered professional.
2.
ThisConfirmation
Letter must be submitted with each BC Building Code Schedule Caftercompletion of
the building but beforea finalinspection is made by the BuildingO?icial.A separate
Confirmation
Letter
must be submitted foreach registered professional.
3.
Only an original Confirmation
Letter, printed by the VillageofKeremeos, or an unaltered photocopy of
this document is to be completed and submitted.
Attention: Manager,
Inspections
Property Address:
LegalDescription:
The undersigned hereby gives assurance that:
a)
l have fulfilled my obligation for insurance coverage as outlined in the Village of Keremeos Building
Bylaw835, 2019;
b)
I am insured by a policyof insurance covering liabilityto third parties for errors and omissions in
respect
to the above project, in the amount
of at least One MillionDollars ($1,000,000.00);
c)
I have enclosed a copy of my certificate of insurance coverage indicating the particulars of such
coverage;
d)
I am a registered professional; and
e)
Iwill notify the building official in writing immediately ifthe undersigned's insurance coverage is
reduced or terminated
at any time during construction.
Name:
Name (print)
Date
Signature
(Affixprofessional seal here)
Address
Phone
ifthe registered professional is a member of a firm, complete the following:
Appendix D
-- Confirmation
of Required Documentation
Note:
1.
The ConfirmationofRequired Documentation and all required documentation
must be submitted to the
ChiefBuilding Inspector 48 hours prior to the pre--occupancy
Co~ordinated Review.
2.
The ConfirmationofRequired Documentation
and all required documentation must be submitted in a
tabbed ringed binder, with tab sections as per this Appendix.
TAB 1
CONFIRMATIONOF REQUIREDDOCUMENTATION
TAB 2
DIRECTORYOF PRINCIPALS(Role/Firm/Name/Telephone)
Owner
Co--ordinating Registered Professional
Registered Professionals
Warranty
Provided
Licensed Builder
Sub--Contractors
TAB 3
LETTERSOF ASSURANCE (A, B, C--A,C--B)
Co--ordinating Registered Professional
Architectural
Structural
Mechanical
Plumbing
Electrical
TAB4
TAB 5
TAB 6
TAB 7
TAB 8
PROFESSIONAL REVIEWLETTERS
Alternative Solution (Confirmation of FieldReview
- sealed)
Site Services
-- CivilEngineer
Building Envelope Specialist
Roofing Consultant
Generator
Test Report / Certificate
(Other
--- specify)
(Other
-- specify)
FIREALARM
Fire Alarm Verification Certificate (include field work sheets)
Letter of Signed Contract
from ULC Listed Monitoring Agency
SPRINKLERSYSTEMS
Material and Test Certificate
-- Above ground piping
Material and Test Certificate
-- Underground
piping
Fire Pump Test Report
PROVINCIALAPPROVALS
Certificate to Operate
Elevating Device (one per each device)
Health Approval (on--sitesewage disposal)
Health Approval (food services)
REGIONALDISTRICTAPPROVALS
Sprinkler Permit
-
pre--occupancy
Co--ordinatedReview
Submitted by Coordinating Registered Professional
Name:
Name (print)
Date
Signature
(Affixprofessional seai here)
Address
Phone
Appendix E
-- Village of Keremeos
Climatic Data
January 2.5% Design Temperature
-16 C
January 1% Design Temperature
-18 C
July 2.5% Design Temperature
Dry
33 C
July 2.5% Design Temperature
Wet
20 C
Degree Days Below 18 C
3350
15 Minute Rainfall
10 mm
One Day Rainfall(1/50)
42 mm
Annual Rainfall
260 mm
Moisture Index
0.27
Annual Total Precipitation
325 mm
Driving Rain Wind Pressures
(Pa,1/5)
60
Snow Load kPa (1/50
-- SNOW Ss)
1.1 kPa/23lbs.
Snow Load kPa (1/50
---- RAINSr)
0.1
Hourly Wind Pressure kPa (1/10)
0.29
Hourly Wind Pressure kPa (1/50)
0.44
Seismic Data
Sa (0.2)
0.277
Sa (0.5)
0.173
Sa (1.0)
0.096
Sa (2.0)
0.057
PGA
0.137
MCI = abs(2.5% JMT)x200+DD(9.25.1.2.(6))
--- Heat Transfer, Air Leakage and Condensation
Control
-- General
~ 2006 BCBC
Capillary break (9.27.2.2.(5)
-- Required Protection from Precipitation 2006 BCBC)is required
when:
0
# ofdegree
days (DD) less than 3400 MI greater
than 0.9
0
# of DD more than 3400 and Ml greater
than 1.0