Building Bylaw No. 835, 2019 (Consolidated)

Keremeos, British Columbia · No. 835 · adopted 2019-09-16 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 851472824dbc · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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