Building Bylaw No. 2620, 2018 (Consolidated Version January 30, 2025, incl. Amending Bylaw 2775)
Kimberley, British Columbia
· No. 2620
· adopted 2018-07-30
· summary & facts
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CITY OF KIMBERLEY
BUILDING BYLAW NO. 2620, 2018
ADOPTED: July 30, 2018
CONSOLIDATED FOR CONVENIENCE ONLY: Jan. 30, 2025
(including up to Amending Bylaw 2775)
DISCLAIMER
The version of this bylaw of the City of Kimberley is provided for information or research purposes
only. Every effort is made to ensure the accuracy of copies of bylaws; however, this is not an official
version of City of Kimberley bylaw, and should not be relied upon as such, and these documents are
not admissible in a court of law. For such purposes, official certified copies can be obtained from the
Corporate Officer.
Before making any decisions based on the copy of the bylaw, you should confirm all information
contained therein. The City of Kimberley will in no event be liable or responsible for damages of any
kind arising out of the use of the copy of this bylaw.
City of Kimberley Building Bylaw No. 2620, 2018
Page 2 of 36
CONTENTS
PART 1: TITLE ............................................................................................................................ 3
PART 2: PURPOSE OF BYLAW ................................................................................................. 3
PART 3: SCOPE AND EXEMPTIONS ........................................................................................ 4
PART 4: PROHIBITIONS ............................................................................................................ 5
PART 5: PERMIT CONDITIONS ................................................................................................. 6
PART 6: POWERS OF A BUILDING OFFICIAL .......................................................................... 6
PART 7: OWNER'S RESPONSIBILITIES ................................................................................... 8
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR ....................................................... 10
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ............................................ 10
PART 10: BUILDING APPLICATION REQUIREMENTS ........................................................... 12
PART 11: RETAINING WALLS AND GRADES ......................................................................... 26
PART 12: BUILDING MOVE ..................................................................................................... 27
PART 13: NUMBERING OF BUILDINGS .................................................................................. 27
PART 14: POOLS ..................................................................................................................... 28
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION............................ 28
PART 16: ACCESS ROUTE FOR FIRE VEHICLE .................................................................... 29
PART 17: OFFENCES .............................................................................................................. 29
PART 18: INTERPRETATION .................................................................................................. 30
PART 19: REPEAL ................................................................................................................... 33
Appendix A - Fees ..................................................................................................................... 34
Appendix B - Climatic Information for Building Design ............................................................... 35
Appendix B - Climatic Information for Building Design - Map of Snow Load Zones .................... 36
City of Kimberley Building Bylaw No. 2620, 2018
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City of Kimberley
BUILDING BYLAW NO. 2620, 2018
A Bylaw for Administration of the Building Code and Regulation of Construction
GIVEN that 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;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Kimberley in accordance with the Community Charter and the
Building Act;
C. has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the City of Kimberley enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Building Bylaw No. 2620, 2018".
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in
accordance with this Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the provisions of
this Part.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the City in the public interest.
2.4
The purpose of this bylaw does not extend to
(a) the protection of owners, designers or constructors from economic loss;
(b) the assumption by the City or any building official of any responsibility for ensuring
the compliance by any owner, his or her representatives or any employees,
constructors or designers retained by the owner, with the Building Code, the
requirements of this bylaw, or other applicable enactments, codes or standards;
City of Kimberley Building Bylaw No. 2620, 2018
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(c) providing any person a warranty of design or workmanship with respect to any
building or structure for which a building permit or occupancy certificate is issued
under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under
building permits issued by the City is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the City and to land, the surface of water,
air space, buildings or structures in the City.
3.2
This bylaw applies to the design, construction or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation or
occupancy or change of use or occupancy of existing buildings and structures.
3.3
This bylaw does not apply to
(a) a fence, except as set out in Part 11 [Retaining Walls] of this bylaw;
(b) an accessory building with a floor area of less than 10 square metres;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.5 metres in height, or
other similar landscape structures;
(d) a building or structure commonly known as "Canadian Standards Association Z240
MH series, Z241 series or A277 series", except as regulated by the Building Code.
Limited Application to Existing Buildings
3.4
Except as provided in the Building Code, when an existing building has been permitted
and constructed before the enactment of this bylaw, the enactment of this 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.
3.5
This bylaw applies if the whole or any part of an existing building is moved either within
or into the City, including relocation relative to parcel lines created by subdivision or
consolidation. Part 12 applies to building moves.
3.6
If an 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 of the building as a result of the alteration.
3.7
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.
City of Kimberley Building Bylaw No. 2620, 2018
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PART 4: PROHIBITIONS
4.1
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 of the Building Code and this bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work
under this bylaw.
4.2
A person must not occupy or permit the occupancy of any building or structure or part of
any building or structure
(a) unless a subsisting occupancy certificate has been issued by a building official for
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.
4.3
A person must not knowingly submit false or misleading information to a building
official in relation to any permit application or construction undertaken pursuant to this
bylaw.
4.4
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 have been filed for reference with the building official after
a permit has been issued.
4.5
A person must not, unless authorized in writing by a building official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit or certificate
posted or affixed to a building or structure pursuant to this bylaw.
4.6
A person must not do any work that is substantially at variance with the accepted design
or plans of a building, structure or other works for which a permit has been issued,
unless that variance has been authorized in writing by a building official.
4.7
A person must not interfere with or obstruct the entry of a building official or other
authorized official of the City on property in the administration of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously
posted on the front of the premises or on a sign post so it may be easily read from the
public highway from which it takes its address.
4.9
A person must not contravene an administrative requirement of a building official made
under section 6.6 or any other provision of this bylaw.
4.10
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.
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PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
5.2
Neither the issuance of a permit under this bylaw, nor the acceptance or review of
plans, drawings, specifications or supporting documents, nor any inspections made by
or on behalf of the City will in any way
(a) relieve the owner (and if the owner is acting through an agent, the agent of the
owner) from full and sole responsibility to perform the work in respect of which the
permit was issued in strict compliance with this bylaw, the Building Code, and all
other applicable codes, standards and enactments;
(b) constitute a representation, warranty, assurance or statement that the Building
Code, this bylaw or any other applicable enactments respecting safety, protection,
land use and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure meets
any standard of materials or workmanship.
5.3
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.
5.4
Without limiting section 5.2(a), it is the full and sole responsibility of the owner (and if
the owner is acting through a representative, the representative of the 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 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are to be construed as
internal administrative powers and not as creating a duty.
6.2
A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices and orders issued,
inspections and tests made, and may retain copies of all papers and documents
connected with the administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of construction
or material used in the construction of a building or structure complies with the
requirements and provisions of this bylaw and the Building Code;
(d) direct that tests of materials, equipment, devices, construction methods, structural
assemblies or foundations be carried out, or that sufficient evidence or proof be
submitted by the owner, at the owner's sole expense, where such evidence or proof
is necessary to determine whether the material, equipment, device, construction or
foundation condition complies with this bylaw and the Building Code; and
(e) develop and execute suitable forms and other documentation to give effect to the
provisions of the bylaw.
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Refusal and Revocation of Permits
6.3
A building official may refuse to issue a permit if the proposed work will contravene the
requirements of the Building Code or the provisions of this or any other bylaw of the
City, and must state the reason in writing.
6.4
A building official may revoke a permit if, in their opinion, the results of tests on
materials, devices, construction methods, structural assemblies, soil conditions or
foundation conditions contravene the Building Code or the provisions of this bylaw, or
both, or if all permits required under this bylaw have not been obtained.
Right of Entry
6.5
Subject to section 16 of the Community Charter, a building official may enter on property
at any time to ascertain whether the requirements of this bylaw are being met.
Powers
6.6
Subject to applicable enactments, a building official may by notice in writing require
(a) a person who contravenes any provision of this bylaw to comply with that provision
within the time ordered;
(b) an owner to stop work on a building or structure, or any part of a building or
structure, if the work is proceeding in contravention of this bylaw, the Building Code,
or any other enactment of the City or other applicable enactments, or if there is
deemed to be an unsafe condition, and may enter on property to affix or post a stop
work order in the form prescribed by the building official;
(c) an owner to remove or prevent any unauthorized encroachment on a public parcel,
a statutory right of way or easement, or a setback or yard required under an
enactment;
(d) an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary
to this bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
(h) a person to cease any occupancy if any unsafe condition exists because of work
being undertaken but not complete and where the building official has not issued a
occupancy certificate for the work;
(i) an owner to correct any unsafe condition; and
(j) an owner to correct any work that contravenes this bylaw, the Building Code, or
any other enactment.
6.7
Every reference to "owner" in section 6.6 includes a reference to the owner's agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that notice
(i) within the time ordered, or
(ii) if no time is ordered, immediately.
City of Kimberley Building Bylaw No. 2620, 2018
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PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this 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 City;
(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or chimney,
whether attached to, part of or detached from a building;
(f) changing the use or occupancy of a building;
(g) making changes to or adding to an existing plumbing system,
unless the works are the subject of another valid and subsisting building permit.
7.2
Every owner must ensure that plans submitted with a permit application bear the
name, phone number, address and email address of the designer and/or constructor
of the building or structure.
Owner's Obligations
7.3
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 all permits, all plans and specifications and supporting documents on
which a permit was based, all municipal inspection certificates, and all professional
field reviews are available at the site of the work for inspection during working hours
by the building official, and that all permits are posted conspicuously on the site
during the entire execution of the work; and
(c) prior to the issuance of a building permit, execute and submit to the City an owner's
undertaking in the form prescribed by the building official.
7.4
Every owner and every owner's agent, must carry out construction or have the
construction carried out in accordance with the requirements of the Building Code, this
bylaw and other bylaws of the City and none of the issuance of a permit under this
bylaw, the review of plans and supporting documents, or inspections made by a
building official or a registered professional shall relieve the owner, 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.
7.5
Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw.
7.6
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; and
(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.
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Damage to Municipal Works
7.7
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.
7.8
In addition to payment of a security deposit under sections 10.9 to 10.13, every owner
must pay to the City, within 30 days of receiving an invoice for same from the City, 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.
Demolition
7.9
Prior to obtaining a permit to demolish a building or structure, the owner must
(a) provide to the City a vacancy date;
(b) pay service fees as set out in the City's bylaws governing waterworks and sewer;
and
(c) ensure that all municipal services and other services are capped and terminated at
the property line to the satisfaction of the City's Senior Manager Operations .
7.10
Every owner must ensure that, on completion of all demolition procedures, all debris and
fill are cleared and the site is levelled or graded, or made safe if levelling and grading are
not possible.
7.11
Every owner must ensure adherence to the "Safety Measures at Construction and
Demolition Sites" requirements set out in Part 8, Division B of the Building Code.
Notice
7.12
Every owner must, at least 48 hours prior to commencing work at a building site, give
written notice to a building official of the date on which the owner intends to begin such
work.
7.13
Every owner must give written notice to a building official of any change in or
termination of engagement of a registered professional, including a coordinating
registered professional, during construction, within 24 hours of when the change or
termination occurs.
7.14
If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must terminate
all work under a building permit until the owner has engaged a new registered
professional, including a coordinating registered professional, and has delivered to a
building official new letters of assurance.
7.15
Without limiting sections 10.30 to 10.45, every owner must give at least 48 hours written
notice to a building official
(a) of intent to do work that is required or ordered to be corrected during construction;
(b) of intent to cover work that is required under this bylaw to be, or has been ordered
to be, inspected prior to covering; and
(c) when work has been completed so that a final inspection can be made.
7.16
Every owner must give notice in writing to a building official immediately upon any
change in ownership or change in the address of the owner which occurs prior to the
issuance of an occupancy certificate.
City of Kimberley Building Bylaw No. 2620, 2018
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PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the Building Code, this bylaw and all other applicable, codes,
standards and enactments.
8.2
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.
8.3
For the purposes of the administration and enforcement of this bylaw, every constructor is
responsible jointly and severally with the owner for all work undertaken.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the City of letters of assurance in accordance with the
requirements of the Building Code shall occur prior to
(a) the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
(b) a final inspection for a standard 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 City with letters of assurance in the form of
Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of
the Building Code.
9.2
If a registered professional provides letters of assurance in accordance with the
Building Code, they must also provide proof of professional liability insurance to the
building official in the prescribed form.
Requirement for a Registered Professional
9.3
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A, B, C-A and C-B referred
to in subsection 2.2.7, Division C, of the 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 standard 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 City with letters of assurance in the
form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7,
Division C, of the Building Code;
(c) except for garages, carports and garden structures, foundation and excavation
components of new standard buildings and additions greater than 55 square
metres to standard buildings in accordance with the Building Code;
(d) a building that is designed with common egress systems for the occupants
and requires the use of firewalls in accordance with the Building Code;
(e) prior to alterations to a building, or to a structural component of a building described
in paragraph (b);
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(f) for a building in respect of which the building official determines that site conditions,
size or complexity so warrant in the interests of safety of persons or protection of
property under the Building Code;
(g) the building official may consider an alternative solution for a project in respect of
which the owner has elected to retain a registered professional, the alternative
solution must be proposed in writing by the registered professional using the
prescribed form for review and consideration by the building official before building
permit application;
(h) if the building envelope components of the building fall under Division B Part 3 of
the Building Code, the building contains more than two dwellings, or if the building
envelopes do not comply with the prescriptive requirements of Division B Part 9 of
the Building Code; and
(i) for a parcel of land on which a building or structure is proposed if the building official
believes the parcel is or is likely to be subject to flooding, mud flows, debris flows,
debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the
requirement 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
(ii) that the plans submitted with the application comply with the relevant
provisions of the Building Code and applicable bylaws of the City.
9.4
The building official may require any registered professional carrying out the
professional design and field review required under section 9.3 to provide evidence that
they have experience and expertise in respect of the professional design and field
review of the context and scope required.
Professional Plan Certification
9.5
The letters of assurance referred to in sections 9.1 and 9.3 must be in the form of
Schedules A and B as referred to in subsection 2.2.7, Division C, of the Building Code
are relied upon by the City and its building officials as certification that the design and
plans to which the letters of assurance refer comply with the building code, this bylaw
and other applicable enactment.
9.6
For a building permit issued for the construction of a complex building, the building
official shall 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 of the building official to
provide the owner with the notice will not diminish or invalidate the reliance by the City
or its building officials on the registered professionals.
9.7
If a building permit is issued for a construction of a building in accordance with section
9.6, the permit fee is reduced by 10% of the fees payable under Appendix A to this
bylaw.
City of Kimberley Building Bylaw No. 2620, 2018
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PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements before Applying for a Building Permit
10.1
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 if the building or
structure is in an area designated by the City's Official Community Plan as a
development permit area;
(b) the owner must ensure that the proposed building or structure complies with all
bylaws of the City, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of Variance;
(c) an approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or structure will
be constructed, and the subdivision plan must have been registered in the Land
Title Office;
(d) the owner must provide evidence to the building official showing that the person
applying for the building permit is either the owner of the parcel that is the subject of
the proposed building permit, or is the agent of the owner, in which case, the agent
must provide the name and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended to be
connected to the City's sewage disposal system, the owner must apply for and
obtain approval from the City and other applicable public authorities for an alternate
private sewage disposal system;
(f) if the parcel that is the subject of the building permit application is not intended to be
connected to the City's waterworks system, the owner must apply for and obtain
approval from the City and other applicable public authorities for an alternate water
supply system;
(g) if the parcel that is the subject of the building permit application is not intended to be
connected to The City's storm water drainage system, the owner must apply for and
obtain approval from the City and other applicable public authorities for the alternate
storm water drainage and detention system; and
(h) if all on site and off site works and services required by a City bylaw or other
enactment have not been completed in accordance with the enactments, the
owner must enter into a completion agreement with the City and deliver to the
City letters of credit or cash security for completion of the works and service.
Building Permit Applications for Complex Buildings
10.2
An application for a building permit with respect to a complex building must
(a) be made in the form prescribed by the building official and signed by the owner, or
a signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgement of responsibility and undertaking
made in the form prescribed by the building official and signed by the owner, or a
signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
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(d) include a Building Code compliance summary including the applicable edition of the
Building Code, such as without limitation whether the building is designed under
Part 3 or Part 9 of the Building Code, major occupancy classification(s) of the
building, building area and building height, number of streets the building faces,
and accessible entrances, work areas, washrooms, firewalls and facilities;
(e) include a site plan prepared by a registered professional showing
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
(iv) the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(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 foundation height;
(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 all trees greater than 10 centimetres in diameter;
(xviii) location of top bank and water courses;
(xix) access route for firefighting;
(xx) accessible paths of travel from the street to the building;
(xxi) geodetic elevation of the underside of a wood floor system or the top of a
finished concrete slab of a building or structure where the City's land use
regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that the building official may waive, in whole or in part, the requirements for
a site plan, if the permit is sought for the repair or alteration of an existing building
or structure;
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(f) 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;
(g) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions
systems;
(h) include elevations of all sides of the building or structure showing finish details, roof
slopes, windows, doors, natural and finished grade, spatial separations and ridge
height to comply with the Building Code and to illustrate that the building or structure
conforms with the City zoning bylaw and development permit;
(i) include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the Building
Code;
(j) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and
2.2.9, Division C of the Building Code;
(k) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and ministry of health approvals;
(l) 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 if
the owner is a corporation, and the coordinating registered professional;
(m) 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 official or Building Code may require to prepare the
design for and conduct field reviews of the construction of the building;
(n) include one set of drawings in a digital format prescribed by the Building Official and
one printed set of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (f) to (j) of this section;
(o) include illustration of any slopes on the subject parcel that exceed 20%;
(p) include a Construction Safety Plan in compliance with Division B Part 8 of the
Building Code; and
(q) include an Occupancy Fire Safety Plan in compliance with Section 2.8, Division B of
the BC Fire Code to the satisfaction of the City's Fire Chief .
10.3
In addition to the requirements of section 10.2 of this bylaw, a building official may
require the following to be submitted with a permit application for the construction of a
complex building if the complexity of the proposed building or structure or siting
circumstances warrant
(a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional,
in accordance with the City's subdivision and development servicing bylaw;
(b) a section through the site showing grades, buildings, structures, parking areas
and driveways; and
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(c) any other information required by the building official or the Building Code to
establish substantial compliance with this bylaw, the Building Code and other
bylaws and enactments relating to the building or structure.
Building Permit Applications for Standard Buildings
10.4
An application for a building permit with respect to a standard building must
(a) be made in the form prescribed by the building official and signed by the owner, or a
signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form prescribed by the building official and signed by the
owner, or a signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d) include a site plan showing
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
(iv) the location and dimensions of existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(vi) north arrow;
(vii) if applicable, location of an approved existing or proposed alternative
private or other sewage disposal system, water supply system or storm
water drainage system;
(viii) the location, dimensions and gradient of parking and 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 all retaining walls, steps, stairs and
decks;
(xiii) line of 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 all trees greater than 10 centimetres in diameter;
(xvii) location of top bank and water courses;
(xviii) access route for firefighting;
(xix) accessible paths of travel from the street to the building;
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(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 City's land use
regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that for a standard building the building official may waive, in whole or in part,
the requirements for a site plan, if the permit is sought for the repair or alteration of
an existing building;
(e) 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;
(f) include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(g) include elevations of all sides of the building showing finish details, roof slopes,
windows, doors, the grade, the maximum building height line, ridge height, spatial
separations and natural and finished grade to comply with the Building Code and
to illustrate that the building or structure conforms with the City zoning and
development permit;
(h) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
Building Code;
(i) include a foundation and excavation design, prepared and certified by a
registered professional, when required by the building official, in
accordance with the Building Code;
(j) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and Ministry of Health approvals;
(k) include geotechnical letters of assurance, in addition to a required
geotechnical report, if the building official determines that the site conditions
so warrant;
(l) include one set of drawings in a digital format prescribed by the Building Official
and one printed set of drawings at a suitable scale of design including the
information set out in (e) to (i) of this section;
(m) include a Building Code compliance summary including the applicable edition of
the Building Code, such as, without limitation, whether the building is designed
under Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C of the
Building Code; and
(n) include a Construction Safety Plan in compliance with Division B Part 8 of the
Building Code.
10.5
In addition to the requirements of section 10.4 of this Part, if a project involves
(a) two or more buildings, the gross floor areas of which in the aggregate total more
than 1000 square metres;
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(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting
circumstances warrant, a building official may require the following to be
submitted with a permit application for the construction of each standard
building in the project:
(i)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
(ii)
a roof plan and roof height calculations;
(iii)
structural, electrical, plumbing, mechanical or fire suppression drawings
prepared and sealed by a registered professional;
(iv) letters of assurance in the form of Schedule B referred to in Division C of the
Building Code, signed by a registered professional; and
(v)
any other information required by the building official or the Building Code to
establish substantial compliance with this bylaw, the Building Code and other
bylaws and enactments relating to the building or structure.
Climatic Information for Building Design
10.6
An application for Building Permit must include plans incorporating the applicable
climatic information for design of buildings and structures set out in Appendix B.
Site and Location Information
10.7
Without limiting sections 10.2(e) or 10.4(d) of this Part, the building official may in
writing require an owner to submit an up-to-date plan or survey prepared by a
registered British Columbia land surveyor which contains sufficient information
respecting the site and location of any building to
(a) establish, before construction begins, that all the provisions of this bylaw in relation
to this information will be complied with;
(b) verify, on completion of the construction and prior to issuance of occupancy
certificate, that all provisions of this and other applicable bylaw have been
complied with;
(c) in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or
its relationship to neighbouring grades; and
(d) in relation to construction of a new building, or addition to an existing building, prior
to and after the placement of concrete for foundations and 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.
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Building Permit Fee
10.8
Before receiving a building permit for a building or structure, the owner must first pay to
the City
(a) the building permit fee prescribed in Appendix A; and
(b) any fees, charges, levies or taxes imposed by the City and payable under
an enactment at the time of issuance of the building permit.
Security Deposit with Building Permit Application
10.9
An applicant for a building permit must pay to the City, at the time of the application,
the security deposit prescribed in Appendix A.
10.10 The security deposit sum set out in section 10.9 of this Part
(a) covers the cost borne by the City to maintain, restore or replace any public works or
public lands which are destroyed, damaged or otherwise impaired in the carrying out
of the work referred to in any building permit held by the applicant;
(b) covers the cost borne by the City to make the site safe if the permit holder abandons
or fails to complete the work as designated on the permit;
(c) serves as the security deposit for provisional occupancy when the occupancy
certificate makes provision for a security deposit; or
(d) serves as a security deposit to effect compliance with any condition under which the
permit was issued.
10.11 The security deposit or applicable portion must be returned to the applicant
(a) when the building official is satisfied that no further damage to public works or
public lands will occur;
(b) when the inspections required by this bylaw are complete and acceptable to the
building official and the City's Senior Manager Operations; and
(c) when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the building official.
10.12 Any credit greater than the amount of the security deposit used by the City for the
purposes described in sections 10.10 to 10.11 of this Part will be returned to the permit
holder unless otherwise so directed in writing by the permit holder. Any amount in
excess of the security deposit required by the City to complete corrective work to public
lands, public works, or the site is recoverable by the City from the permit holder, the
constructor or the owner of the property.
10.13 If the proposed work includes excavation or construction on lands within 5 metres of
works or services owned by the City, the owner must deliver to the building official a
signed agreement in a form prescribed by the City's Senior Manager Operations under
which the owner acknowledges and agrees that any damage to municipal works or
services arising from the construction associated with the building permit will be repaired
by the owner at its expense and to the satisfaction of the Senior Manager Operations,
and the owner must deposit with the City security in accordance with sections 10.9 to
10.12 of this Part.
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Permit Fee Refunds
10.14 No fee or part of a fee paid to the City may be refunded if construction of the building has
started.
10.15 A building permit or other permit fee may be partially refunded as set out in Appendix A,
only if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction of the
building or structure; and
(c) the permit has not expired.
10.16 A building permit or other permit fee is not refundable after the permit has been
extended under section 10.47 of this Part.
Design Modification
10.17 If an issued building permit or other permit is active and the owner proposes modification
to the building design whereby the value of work does not increase or the value of work
decreases but requires review by the Building Official for compliance, the owner must
pay to the City a design modification fee as set out in Appendix A.
Construction before Permit Issued
10.18 The building permit or other permit fee is doubled for every permit application if
construction commenced before the building official issued a permit.
Expiration of Application for a Permit
10.19 A building permit or a plumbing permit application expires 180 days from the date a
complete application is received under this Part if the building permit or plumbing permit
is not issued by the application expiration date, unless the permit is not issued only due
to delays caused by the City.
Issuance of a Building Permit
10.20 If
(a) a completed application in compliance with sections 10.2 and 10.3 or sections
10.4 and 10.5 of this Part, including all required supporting documentation, has
been submitted;
(b) the owner has paid all applicable fees set out in sections 10.8 to 10.18 of this Part
and Appendix A;
(c) the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under
this bylaw;
(e) the owner has retained an architect if required under this bylaw; and
(f) no covenant, agreement, resolution or regulation of the City requires or authorizes
the permit to be withheld,
the building official must issue the permit, in the form prescribed by the building official,
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for which the application is made, and the date of issuance is deemed to be the date the
City gives written notice to the owner that the permit is ready to be picked up by the
owner.
10.21 Despite section 10.20, the building official may refuse to issue a permit when the owner
has been notified of a violation of this bylaw about the construction of another building
or structure by the owner.
Compliance with the Homeowner Protection Act
10.22 If the 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 "residential builder" as defined in that Act., or
(c) will be built by an owner builder or is otherwise exempted by regulation from the
requirement to be covered by home warranty insurance.
10.23 Section 10.22 of this Part does not apply if the 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 Protection Act.
10.24 Every permit is issued subject to the owner and constructor maintaining compliance with
the Homeowner Protection Act and negotiations under it during the term of the permit.
Partial Construction
10.25 If a site has been excavated under a building permit for excavation issued under this
bylaw and a building permit is not subsequently issued or a subsisting building permit
has expired under section 10.46, but without the construction of the building or structure
for which the building permit was issued having commenced, the owner must fill in the
excavation to restore the original gradients of the site within 60 days of being served
notice by the City to do so.
10.26 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.47, permanent type
fencing with privacy screen complying with the City's Zoning Bylaw, must be erected
around the building site for protection to the public.
Conditions of a Building Permit
10.27 A building permit or an application for a building permit that is in process may not be
transferred or assigned until the owner has notified the building official in writing and the
building official has authorized the transfer or assignment in writing. The transfer or
assignment of a building permit is not an extension of a building permit.
10.28 The review of plans and supporting documents and issuance of a building permit do
not prevent the building official from subsequently requiring the correction of errors in
the plans and supporting documents, or from prohibiting building construction or
occupancy being carried on when in violation of this or another bylaw.
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Inspections
10.29 If a registered professional provides letters of assurance in accordance with this Part,
the City will rely solely on field reviews undertaken by the registered professional and
the letters of assurance submitted pursuant to this bylaw and the Building Code as
assurance that the construction substantially conforms to the design, plans and
specifications and that the construction complies with the Building Code, this bylaw and
other applicable enactments respecting safety.
10.30 Despite section 10.29 of this Part, a building official may attend the site from time to time
during the course of construction to ascertain that the field reviews are taking place and to
monitor the field reviews undertaken by the registered professionals.
10.31 A building official may attend periodically at the site of the construction of standard
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.
10.32 For all work in respect of standard buildings the owner must give at least 48 hours
written notice to the City when requesting an inspection and must obtain an inspection
and receive a building official's written acceptance of the following aspects of the work
prior to concealing them
(a) after demolition, the grading of and removal of debris from the site;
(b) foundation and footing forms, before concrete is poured;
(c) prior to inspection under section 10.32(d), plumbing located below the finished
slab level;
(d) the preparation of ground, including ground cover when required,
perimeter insulation on inside of concrete foundation walls and reinforcing
steel;
(e) after inspection under section 10.32(d) hydronic heating pipes and below
slab insulation;
(f) installation of rough-in plumbing before it is covered;
(g) rough in of factory built chimneys and fireplaces and solid fuel burning appliances;
(h) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting,
exterior doors and windows, but prior to the installation of insulation, interior
finishes, sheathing paper or exterior finishes which would conceal such work;
(i) insulation and vapour barrier;
(j) the installation of wall sheathing membrane, externally applied vapour or air barrier,
stucco wire or lath, and flashings, but prior to the installation of exterior finishes
which could conceal such work; and
(k) the health and safety aspects of the work and accessibility aspects of the work
when the building or structure is substantially complete, ready for occupancy
but prior to occupancy.
10.33 A building official will only carry out an inspection under section 10.32 if the owner or
the owner's agent has requested the inspection in writing in accordance with this
bylaw.
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10.34 Despite the requirement for the building official's acceptance of the work outlined in
section 10.32, if a registered professional provides letters of assurance, the City will
rely solely on field reviews undertaken by the registered professional and the letters of
assurance submitted pursuant to this bylaw as assurance that the aspects of the
construction referenced by those letters of assurance substantially conform to the
design, plans and specifications and that the construction complies with the Building
Code, this bylaw and other applicable enactments respecting safety.
10.35 No person may conceal any aspect of the work referred to in section 10.32 of this
bylaw until a building official has accepted it in writing.
10.36 For work in respect of complex buildings, the owner must
(a) give at least 48 hours written notice to the City when requesting a preconstruction
meeting with the building official prior 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 written notice to the City when requesting a pre-occupancy site
review coordinated by the coordinating registered professional or other registered
professional to have the owner, the constructor and the registered professionals
demonstrate to the building official and the City's Fire Chief or designate the
compliance with the health and safety aspects of the work, the coordination and
integration of the fire and life safety system, applicable City requirements and other
enactments respecting safety and accessibility aspects of the work; and
(c) cause the coordinating registered professional, at least 48 hours prior to the pre-
occupancy site review coordinated by the coordinating registered professional, to
deliver to the building official the Confirmation of Required Documentation ,
complete with all documentation in digital pdf format and, if requested by the
building official, in a hard covered three ring binder.
Stop Work Order
10.37 The building official may direct the immediate suspension or correction of all or a portion
of the construction on a building or structure by attaching a stop work order notice in the
prescribed form on the premises whenever it is found that the work is not being
performed in accordance with the requirements of the Building Code, any applicable
bylaw of the City or the applicable provisions of the Homeowner Protection Act.
10.38 The coordinating registered professional may request, in writing, that the building
official order the immediate suspension or correction of all or a portion of the
construction on a building or structure by attaching a stop work order notice on the
premises. The building official must consider such a request and, if not acted upon,
must respond, in writing, to the coordinating registered professional and give reasons.
10.39 If a registered professional's services are terminated, the owner must immediately
stop any work that is subject to his or her design or field review and the building
official is deemed to have issued a stop work order under section 10.37.
10.40 The owner must immediately, after the posting of a notice under section 10.37, secure
the construction and the lands and premises surrounding the construction in compliance
with the safety requirements of every statute, regulation or order of the Province or of a
provincial agency and of every applicable bylaw of the City.
10.41 Subject to section 10.37, no work other than the required remedial measures may be
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carried out on the parcel affected by the notice referred to in section 10.37 until the
stop work order notice has been removed by the building official.
10.42 The notice referred to in section 10.37 must remain posted on the premises until
that work which is contrary to the enactments has been remedied.
Do Not Occupy Notice
10.43 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in the
form prescribed by the building official on the affected part of the building or structure.
10.44 If a notice is posted under section 10.43, the owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy of the
building or structure immediately and refrain from further occupancy until all applicable
provisions of the Building Code and this bylaw have been substantially complied with
and the Do Not Occupy Notice has been rescinded in writing by a building official.
Inspection and Other Fees
10.45 In addition to the fees required under other provisions of this bylaw, the owner must
pay the non-refundable fee set out in Appendix A for
(a) a second and each subsequent re-inspection where it has been determined by the
building official that due to non-compliance with the provisions of this bylaw or due
to non-complying work, more than one site visit is required for any required
inspection;
(b) a special inspection during the City's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements because
of time, location or construction techniques; and
(c) inspection required under this bylaw which cannot be carried out during the City's
normal business hours.
Permit Expiration
10.46 Every permit is issued on the condition that the permit expires and the rights of the owner
under the permit terminate if
(a) the work authorized by the permit is not commenced within 180 days from the
date of issuance of the permit;
(b) work is discontinued for a period of 180 days; or
(c) the work is not completed within two years of the date of issuance of the permit.
Permit Extension
10.47 A building official may extend the period set out under section 10.46 for only one period,
not to exceed twelve months, if construction has not been commenced or has been
discontinued due to adverse weather, strikes, material or labour shortages, other similar
hardship beyond the owner's control, or if the size and complexity of the construction
warrants, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in Appendix A has been paid.
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Building Permit Revocation
10.48 The building official may revoke a building permit if there is a violation of
(a) a condition under which the permit was issued; or
(b) a requirement of the Building Code or of this or another bylaw of the City,
such permit revocation must be in writing and sent to the permit holder by signature mail
to, or personal service on, the permit holder.
Building Permit Cancellation
10.49 A building permit, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the building official.
10.50 On receipt of the written cancellation notice, the building official must mark on the
application, and a permit if applicable, the date of cancellation and the word "cancelled".
10.51 If the owner, or his or her agent, submits changes to an application after a permit has
been issued and the changes, in the opinion of the building official, substantially alter
the scope of the work, design or intent of the application in respect of which the permit
was issued, the building official may cancel or amend the permit and mark on the
permit the date of cancellation or amendment and the word "cancelled" or "amended".
10.52 If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the building official must return to the owner any fees
deposited under Appendix A, less any non-refundable portion of fees.
Occupancy
10.53 No person may occupy a building or structure or part of a building or structure until
an occupancy certificate has been issued by a building official.
10.54 An occupancy certificate will not be issued unless
(a) all letters of assurance and the Confirmation of Required Documentation have
been submitted when required in accordance with this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to sections
10.29 to 10.36 of this bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with this bylaw;
(c) the owner has executed and delivered to the City every agreement, instrument,
plan, survey or form required by the City in relation to the work or the site;
(d) all other documentation required under applicable enactments has been delivered
to the City; and
(e) the owner has delivered to the City as-built drawings of the building or structure in
digital format as required by the City;
(f) all required offsite works respecting safety have been completed; and
(g) submission of a fire safety plan for the occupancy of buildings identified as per
Section 2.8, Division B of the BC Fire Code to the satisfaction of the City's Fire
Chief.
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10.55 When a registered professional provides letters of assurance in accordance with this
bylaw as assurance that the items identified on the letters of assurance substantially
comply with the design, the Building Code, this bylaw and other applicable enactments
respecting safety, the City will rely solely on the letters of assurance when issuing an
occupancy certificate.
Temporary Buildings
10.56 Subject to the bylaws of the City and orders of Council, the building official may issue a
building permit for the erection or placement of a temporary building or structure for
occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the City's zoning bylaw, built
in compliance with the Building Code and this bylaw, and connected, as required by
enactments, to City utility services.
10.57 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;
(b) 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;
(d) 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;
(g) in the case of a manufactured building, a CSA label in respect of manufacture and,
without limitation, a Quonset or other steel building must be certified in accordance
with CSA Standard A660;
(h) a report or drawing by an engineer, architect or designer confirming compliance with
the Building Code, this bylaw, the City's zoning bylaw and other applicable bylaws;
(i) security in the form of cash or a letter of credit for 125% of the cost to remove the
temporary building, which security
(i)
may be used by the City to remove the building after one year of the date
of the final inspection required under this bylaw; or
(ii)
must be returned to the owner if the owner removes the temporary building
within one year of the date of the final inspection of the 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.
10.58 Before receiving a building permit for a temporary building or structure for occupancy,
the owner must pay to the City the applicable building permit fee set out in Appendix A.
10.59 A permit fee for a temporary building or structure is not refundable.
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Sanitary Facilities
10.60 During the time a building permit has been issued and remains valid under this bylaw,
the owner must provide on the parcel of land in respect of which the permit has been
issued, sanitary facilities for the disposal of human waste from individual persons who
enter on the parcel in relation to the work referred to in the permit, which facilities must
be accessible and unlocked when not occupied while work is being carried out on the
parcel under this bylaw, and every sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Sewerage System Regulation, BC Reg.
326/2004, (Bylaw 2775, Amnd 2)
by plumbing that complies with the Building Code and this bylaw, must be provided, at
all times while the facility is required under this bylaw, with toilet paper, a locking door for
privacy, and ventilation, and must be kept in sanitary condition without leaking beyond
the facility and without overflowing within the facility. Such facilities must be located so
as not to create a nuisance to neighbouring parcels or highways.
Plumbing Permits
10.61 An application for a plumbing permit must be made in the form of a plumbing permit
application in the form prescribed by the building official, signed by the owner or
agent, and must include
(a) the number of fixtures to be installed in the building or structure;
(b) specifications and a suitable drawing of the plumbing system with respect to multi-
family, institutional, commercial and industrial buildings showing:
(i)
site services, size and location of pipes;
(ii)
site drainage, size and location of pipes, catch basins and dry wells;
(iii)
total fixture load on sanitary sewer and water supply systems;
(iv) sanitary riser diagram complete with fixture loads at the base of the stacks; and
(v)
rain water leaders, size of pipe and area of roof drained;
(c) any and all other information necessary to establish compliance with this Bylaw; and
(d) mechanical drawings designed and stamped by a Professional Engineer registered in
the Province of British Columbia, for complex buildings and buildings with complex
plumbing systems as determined by the Building Official.
PART 11: RETAINING WALLS AND GRADES
11.1
No person may construct, or structurally repair, a retaining wall without a building
permit.
11.2
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.
11.3
Without limiting section 11.2, no person may occupy a building unless the finished grade
complies with all applicable enactments.
City of Kimberley Building Bylaw No. 2620, 2018
Page 27 of 36
PART 12: BUILDING MOVE
12.1
No person may move a building or structure into or within the City
(a) except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the Building Code;
(b) a building permit has been issued for the building or structure; and
(c) A traffic management plan and Street Occupancy Permit are filed with City's
Operations Department.
PART 13: NUMBERING OF BUILDINGS
13.1
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 City
(a) on or over the entrance to the building or where landscaping or structures obscure
the visibility of a building entrance from the adjacent highway, on the building
property within sight of the adjacent highway; and
(b) until such time as the building is removed from the site or has been demolished.
13.2
Despite section 13.1, the City's Manager of Planning Services may renumber or
alter the assigned numbers in respect of any building on any parcel, including those
already in existence or numbered.
13.3
Without limiting sections 13.1 or 13.2, the building official must, on the issuance of a
building permit, designate a house or unit number, or set of house or unit numbers,
related to the building authorized by the permit. The owner or occupier must post the
number or numbers on the site immediately after obtaining the building permit and keep
the numbers posted in a conspicuous location at all times during construction.
13.4
Without limiting sections 13.1 through 13.3, on issuance of an occupancy certificate, the
owner or occupier of the parcel must affix the numbers permanently in accordance with
the following requirements:
(a) affixed in a conspicuous place on the building such that the number may be easily
read from the adjacent highway from which the property takes its address and, if
applicable, from an adjacent lane;
(b) colour of numbers must highly contrast with background colour to maximize
visibility;
(c) each number shall be at least 100mm in height and installed at least 1.8m above
grade.
City of Kimberley Building Bylaw No. 2620, 2018
Page 28 of 36
PART 14: POOLS
Swimming Pool Permit and Fencing
14.1
Without limiting section 5.1 of this bylaw, a person must not construct, or structurally
repair, a swimming pool without a valid building permit.
14.2
A swimming pool, including a spa or hot tub 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 1.2 metres and no openings greater than 100 mm at their greatest
dimension.
Pool Gate
14.3
Access through a fence enclosing a swimming pool, spa or hot tub 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 of the gate.
Spa or Hot Tub Lid
14.4
In lieu of a fence, a spa, pool or hot tub must be covered with a locking cover, which
would prevent unauthorized access to the water. (Bylaw 2775, Amnd 2)
Maintenance
14.5
A person may not use or occupy a swimming pool, including a spa or hot tub unless
the owner or occupier of property on or in which a pool, spa or hot tub is located
maintains every fence or cover required under sections 14.2 to 14.4 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.
Design
14.6
The Building Official may require the design of any swimming pool to be prepared,
sealed and signed by a coordinating registered professional and the supervision of the
permitted construction to be carried out by the registered professional.
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
15.1
In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the City incorporates by reference the British Columbia Energy Step Code
in accordance with sections 15.2 through 15.4.
15.2
A complex building must be designed and constructed to meet the minimum
performance requirements specified in Step 1 of the Energy Step Code for any permits
issued as of January 1, 2019.
15.3
A standard building must be designed and constructed to meet the minimum
performance requirements specified in Step 2 of the Energy Step Code for any permits
issued as of January 1, 2019 and Step 3 of the Energy Step Code for any permits
issued as of January 1, 2020.
15.4
Any building constructed under permits issued as of January 1, 2019 must include
a building energy label posted prior to issuance of occupancy certificate.
City of Kimberley Building Bylaw No. 2620, 2018
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PART 16: ACCESS ROUTE FOR FIRE VEHICLE
16.1
Prior to the issuance of a building permit for a building where the building will be located
more than 45 metres from a highway, the owner must satisfy the building official that the
building for which the permit is issued will be served by an access route sufficient to
deliver a fire vehicle to within 45 metres of the building that satisfies the following:
(a) the width of an access route must be not less than 6 metres;
(b) any turns in an access route must be not less than 15 metre radius to the outside of
the turn;
(c) the overhead clearance of an access route must be not less than 5 metres;
(d) the gradient of the access route must not exceed 10%;
(e) the access route must comply with the bearing load and surface material standards of
the City's Subdivision and Development Servicing Bylaw, as amended or replaced
from time to time; and
(f) any dead-end access route more than 90 metres in length shall be provided with a
minimum 26 metre diameter turnaround at the closed end.
16.2
The Fire Chief may allow alternative dimensions, or impose additional requirements, to
the requirements in section 16.1.
PART 17: OFFENCES
Violations
17.1
Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this
bylaw; and
(c) neglects to do anything required to be done under any provision of this bylaw,
commits an offence and each day during which a violation, contravention or breach of
this bylaw continues is deemed to be a separate offence.
17.2
Every person who fails to comply with any administrative requirement issued by a
building official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
17.3
Every person who commences work requiring a building permit without first obtaining
such a permit must pay an additional charge of twice the applicable fee as outlined in
Appendix A of this bylaw.
Deemed Offence
17.4
An owner is deemed to have knowledge of and be liable under this bylaw in respect of
any constructio 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.
17.5
No person is deemed liable under section 17.4 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before he
or she became the owner of the parcel.
City of Kimberley Building Bylaw No. 2620, 2018
Page 30 of 36
17.6
Nothing in section 17.5 affects
(a) the City's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
Ticketing
17.7
A person who is guilty of an offence under this Bylaw is liable:
(a) to pay a fine of up to $10,000 if proceeding are brought under the Offence Act and
the costs of prosecution; and
(b) to pay compensation for damage or loss sustained by the City or another person
resulting from the offence; or
(c) to pay a fine of up to $1,000 if the Bylaw is enforced by means of a municipal ticket
information system under Part 8, Division 3 of the Community Charter.
PART 18: INTERPRETATION
Definitions
18.1
In this bylaw
accepted means reviewed by the building official under the applicable provisions of the
Building Code and this bylaw;
access route means a driveway, lane, private roadway or fire lane designed and
constructed to allow fire vehicle access for emergency firefighting.
addition means an alteration to any building which will increase the total aggregate floor
area or the building height (in storeys), and includes the provision of two or more
separate buildings with openings between each other for intercommunication;
agent includes a firm, corporation or other person representing the owner, by written
designation or contract, and includes a hired tradesperson or constructor who may
be granted a permit for work within the limitations of his or her licence;
alternative solution means an alternative solution authorized under the Building Code;
alteration means a change, repair or modification of the construction or arrangement of
or use of any building or structure, or to an occupancy regulated by this bylaw;
Architect means a registrant under the Architects Regulation, BC Reg.33/2023, under
Professional Governance Act BC, SBC 2018, c.47; (Bylaw 2775, Amnd 2)
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 energy label means information about a buildings' energy use, efficiency
ratings, how the rating was calculated and where energy is consumed in the building
which is posted in a location that is protected from moisture and damage;
building official means the person designated in or appointed to that position by the City,
and includes a building inspector, plan checker, plumbing inspector gas inspector, or
electrical inspector designated or appointed by the City, and for certainty the building
official is the "building inspector" referred to in the Community Charter and Local
Government Act;
City of Kimberley Building Bylaw No. 2620, 2018
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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-disaster building, or
(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 of the registered
professionals required for a development;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
construction includes erection, repair, alteration, enlargement, addition, demolition,
removal, move, excavation and shoring;
constructor means a person who constructs;
Engineer means a registrant under the Engineers and Geoscientists Regulation, BC
Reg 14/2021, under Professional Governance Act, SBC 2018, c.47; (Bylaw 2775, Amnd 2)
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 of foundation units through which the loads
from a building are transferred directly to supporting soil or rock and includes any
portion of the exterior walls of a building that lie below the finished grade immediately
adjacent to the building;
Geoscientist means a registrant under the Engineers and Geoscientists Regulation, BC
Reg 14/2021, under Professional Governance Act, SBC 2018, c.47; (Bylaw 2775, Amnd 2)
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by Parts
3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to Parts 1 and 2 in
relation to Parts 3 through 10, Division B;
owner means the registered owner, or an agent duly authorized by the owner in writing in
the prescribed form;
permit means permission or authorization in writing by the building official to perform
work regulated by this bylaw and, in the case of a occupancy certificate, to occupy a
building or part of a building;
pool means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has a
depth, at any point, exceeding 0.6 m, including an in-ground pool and hot tub;
City of Kimberley Building Bylaw No. 2620, 2018
Page 32 of 36
professional design means the plans and supporting documents bearing the date, seal
or stamp, and signature of a registered professional;
project means any construction operation;
retaining wall means a structure at or exceeding 1.2m in height that holds or retains soil or
other material behind it; (Bylaw 2775, Amnd 2)
standard building means a building of three storeys or less in building height, having a
building area not exceeding 600 square metres and used for 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 1.5 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 of work means that amount that is calculated as follows:
(a) for construction of a standard building containing a residential occupancy, the
greater of
(i) the declared value of work by the Owner for all related construction costs; or
(ii) the declared or assessed value of work, as determined by the building
official, based on evaluation of current Construction costs for the area or firm
contract price.
(b) for all other construction, the greater of
(i) the declared value of work by the Owner for all related construction costs; or
(ii) the declared or assessed value of work, as determined by the building
official, based on evaluation of current construction costs for the area or
firm contract price. (Bylaw 2775, Amnd 2)
work means the activities involving the design, construction or occupancy of new
buildings or structures, and the alteration, reconstruction, demolition, removal, relocation
or occupancy or change of use or occupancy of existing buildings and structures.
18.2
In this bylaw the following words and terms have the meanings
(a) set out in section 1.4.1.2 of the Building Code as of the date of the adoption of
this bylaw: accessible, assembly occupancy, building, building area, building
height, business and personal services occupancy, care occupancy, constructor,
coordinating registered professional, designer, detention occupancy, excavation,
field review, firewall, first storey, grade, high hazard industrial occupancy,
industrial occupancy, low hazard industrial occupancy, major occupancy, medium
hazard industrial occupancy, mercantile occupancy, occupancy, post disaster
occupancy, private sewage disposal system, registered professional, residential
occupancy, treatment occupancy or unsafe condition;
City of Kimberley Building Bylaw No. 2620, 2018
Page 33 of 36
(b) subject to this bylaw, set out in the Schedule to the Community Charter:
assessed value, highway, land, occupier, parcel, public authority, service and
soil; and
(c) subject to this bylaw, set out in section 29 of the Interpretation Act: may, must,
obligation, person, property, writing, written and year.
18.3
Every reference to this bylaw in this or another bylaw of the City is a reference to this
bylaw as amended to the date of the reference.
18.4
Every reference to
(a) the Building Code is a reference to the current edition as of the 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-enacted from time to time.
18.5
A. 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. (Bylaw 2775, Amnd 2)
B. Defined terms are italicized for convenience purposes only and the definitions in
sections 18.1 and 18.2 apply whether a term is italicized or not. (Bylaw 2775, Amnd 2)
Appendices
18.6
Appendices A through B are attached to and form part of this bylaw.
Severability
18.7
If a 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 19: REPEAL
19.1
BUILDING REGULATION BYLAW NO. 1876, 1995, AS AMENDED, IS REPEALED.
19.2
BYLAW NO. 1740 KIMBERLEY BUILDING AND STRUCTURE NUMBERING BYLAW,
1991, AS AMENDED, IS REPEALED.
READ A FIRST, SECOND AND THIRD TIME the 23rd day of July, 2018.
ADOPTED the 30th day of July, 2018.
Mayor Original signed
Corporate Officer Original signed
City of Kimberley Building Bylaw No. 2620, 2018
Page 34 of 36
City of Kimberley Building Bylaw No. 2620, 2018
Appendix A - Fees (Bylaw 2775, Amnd 2)
Building Permit Fees
Declared Value of Work
Building Permit Fee
$1,000 and under
$50 base fee plus security deposit and applicable fee per plumbing fixture
$1,001 - $1,000,000
$50 base fee plus security deposit and applicable fee per plumbing fixture;
and $10 for each $1,000.00 or portion thereof.
$ 1,000,000 and over
$50 base fee plus security deposit and applicable fee per plumbing fixture;
$10 for each $1,000 or portion thereof up to $ 1,000,000; and
$8 for each $1,000 or portion thereof over $ 1,000,000.
Security Deposit
Amount
Standard building
$1,500
Complex building
$2,500
Permit Fee Refunds
Refundable portion of fee: Any portion of the building permit fees greater than $200.00.
Non-refundable portion of fee: Any portion of the building permit fees up to or less than $200.00
Other Permit and Inspection Fees:
Type
Fee
Change of occupancy or use classification (per building or unit)
$50 plus $10 per $1,000 of
declared value of work
Deficiency inspection for removal of Notice on Title (Notice registered
on or before Dec. 31, 2018)
$100
Deficiency inspection for removal of Notice on Title (Notice registered
on or after January 1, 2019)
$500
Deficiency re-inspection for removal of Notice on Title - per inspection
(Notice registered on or after January 1, 2019)
$100
Demolition permit (per building)
$100
Design modification fee
$50
Inspection of mobile home siting
$100
Inspection of swimming pool/fence installation
$100
Inspection outside of regular business hours (per inspection)
s.10.45.(c)
$100
Moving permit (per building)
$100
Permit extension s.10.47
$100
Plumbing permit
$50 base fee
plus $10 per fixture
Re-inspection fee (per inspection) s.10.45(a)
$100
Special inspection (per inspection) s.10.45(b)
$100
Temporary building
$100 plus security deposit
Wood-burning appliance
$75
(Bylaw 2775, Amnd 2)
City of Kimberley Building Bylaw No. 2620, 2018
Page 35 of 36
City of Kimberley Building Bylaw No. 2620, 2018
Appendix B - Climatic Information for Building Design (Bylaw 2775, Amnd 2)
Latitude: 49 ° 41 ' 0 " N Longitude: 115 ° 59 ' 0 " W - Elevation (Metres): 1150
Design element
Design Value
January 2.5% design dry bulb temperature °C
-25
January 1% design dry bulb temperature °C
-27
July 2.5% design dry bulb temperature °C
31
July 2.5% design wet bulb temperature °C
18
Annual total degree days below 18 °C
4,650
Maximum 15 minute rainfall (mm)
12
Maximum one day rainfall (50 years) (mm)
59
Annual rainfall (mm)
350
Annual total precipitation (mm)
500
Moisture Index
0.4
Driving Rain wind pressure 1/5 years (Pa)
100
Hourly wind pressure 1/10 years (kPa)
0.25
Hourly wind pressure 1/50 years (kPa)
0.33
Seismic Design Parameter - Smax (for Unknown Site Class)
0.311
Seismic Design Parameter - Smax (Site Class A)
0.0707
Seismic Design Parameter - Smax (Site Class B)
0.0927
Seismic Design Parameter - Smax (Site Class C)
0.153
Seismic Design Parameter - Smax (Site Class D)
0.261
Seismic Design Parameter - Smax (Site Class E)
0.311
(Bylaw 2775, Amnd 2)
Snow Load Zone 1 -Elevation at or below 1,000 metres
Marysville, Sunflower Drive, Riverbend Lane, and River Ridge Way neighbourhoods
Ground snow load, snow component Ss (50 years)
3.1 kPa / 65 lbs/ft2
Ground snow load, rain component Sr (50 years)
0.2 kPa / 4.2 lbs/ft2
Snow Load Zone 2 - Elevation between 1,000 and 1,150 metres
Downtown Kimberley, Swan Avenue, Blarchmont, Chapman Camp, and Forest Crowne neighbourhoods
Ground snow load, snow component Ss (50 years)
4.0 kPa / 84 lbs/ft2
Ground snow load, rain component Sr (50 years)
0.2 kPa / 4.2 lbs/ft2
Snow Load Zone 3 - Elevation between 1,150 and 1,350 metres
Ski hill/resort area, Deer Run Drive, Dogwood Drive, Stemwinder Drive, Kodiak Crescent, Trickle Ridge
Place, Alpine Crescent, and Townsite neigbourhoods
Ground snow load, snow component Ss (50 years)
5.3 kPa / 111 lbs/ft2
Ground snow load, rain component Sr (50 years)
0.3 kPa / 6.3 lbs/ft2
Snow Load Zone 4 - Elevation greater than 1350 metres
Mandatory design by registered professional
City of Kimberley Building Bylaw No. 2620, 2018
Page 36 of 36
Appendix B - Climatic Information for Building Design - Map of Snow Load Zones (Bylaw 2775, Amnd 2)