Kitimat Municipal Code, Part 13 - Building (Consolidated as of August 8, 2023, per capture; includes Division 8 - Building Construction and Demolition Waste)
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PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 1 - The Building Code
13.1.1.
1.
The Building Code as defined by this Part of the Kitimat Municipal
Code is hereby adopted and by this reference is made a part of
the Kitimat Municipal Code and shall apply to all buildings in the
District of Kitimat.
Subdivision 2 - Definitions
13.1.2.
1.
In this Division, the following words have the following meanings:
"ALTERATION/RENOVATION" means a change made to an
existing building or structure that maintains the floor area of the
existing building or structure and includes but is not limited to:
a.
Construction of, cutting into, or removal of a wall, partition,
column, beam, joist or floor within the existing building or
structure; and
b.
A change to, or closing of, any window or door.
"ARCHITECT" means an individual who is a member in good
standing, licensed by the Architectural Institute of British
Columbia, to practice as an Architect in the Province of British
Columbia.
"BASEMENT" means a storey or storeys of a building located
below the first storey as defined in the Building Code.
"BUILDING" means any structure used or intended for supporting
or sheltering any use or occupancy, and includes a manufactured
home.
"BUILDING CODE" means the British Columbia Building Code
adopted pursuant to the Building Act.
"BUILDING INSPECTOR" means a qualified building official
designated by the District of Kitimat from time to time to be the
Building Inspector, and includes any qualified building official
designated as his or her assistants and deputies.
Part 13, Page 1
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 2 - Definitions (Continued)
"BUILDING PERMIT" means a permit authorizing construction,
reconstruction, repair or alteration/renovation of a building or
structure.
"CITY" means District of Kitimat
"COMPLEX BUILDING" means a building or structure exceeding
600 square metres in building area or exceeding three stories in
building height used or intended to be used for, in whole or part,
commercial, industrial, or institutional purposes, or a multi-family
residential building containing five or more dwelling units.
"CONSTRUCTION TRAILER" means a prefabricated trailer
mounted on a steel frame with attached axle/s and wheels or
skids, CSA certified, detached from other structures used for the
purpose of temporary office, lunchroom, first-aid room, washroom,
storage or other related use on a construction site.
"CONSTRUCTION
TRAILER
COMPLEX" means
a
single
prefabricated trailer mounted on a steel frame or skids assembled
and connected to other trailers to form a complex and used for the
purpose of office, lunchroom or other related use on a
construction site.
"CONTRACTOR" means a person who contracts with an owner to
undertake a building project, and includes an owner who contracts
with more than one person for the work on a project or undertakes
the work on a project or any part thereof.
"DAMAGE" means physical harm caused to property resulting in
loss of value or the impairment of usefulness and includes but is
not limited to physical harm to roads, curbs, gutters, boulevards,
sidewalks, hydrants, valves and other appurtenances, street
lighting, street furnishings, and trees, or, the placement, dropping,
or deposit of any dirt, debris, plants, materials, objects, or
substances.
"DECK" means a structure attached to a dwelling, with no walls
except for visual partitions and railings, which is constructed with a
floor on posts and beams above grade for use as an outdoor living
area.
"DECK PERMIT" means a permit authorizing the construction,
reconstruction, repair or alteration/renovation of a deck.
"DEMOLITION PERMIT" means a permit authorizing the
demolition, or partial demolition, of a building or structure.
Part 13, Page 2
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 2 - Definitions (Continued)
"DISTRICT" - means the District of Kitimat.
"DO NOT OCCUPY NOTICE" means a directive by the building
inspector to the owner to cease occupancy of a building.
"DWELLING" AND "DWELLING UNIT" means a room or suite of
rooms comprising a housekeeping unit, used or intended to be
used as a domicile by one or more persons and usually containing
cooking, eating, living, sleeping and sanitary facilities.
"ELEVATIONS" means elevation above sea level in District of
Kitimat datum.
"FENCE" means a structure serving as an enclosure, a barrier or a
boundary, usually made of posts or stakes, joined together by
boards, wire or rails and includes a gate, screen, trellis and wall
that is not a retaining wall.
"FIELD REVIEW" means a site visit, inspection and report review
by a registered professional regarding the work at a construction
site to which a building permit relates.
"FINISHED GRADE" means the final elevation of the ground
surface adjacent to a building or structure after construction.
"GARAGE" means a structure which is attached to a dwelling by a
common wall, common roof structure, breezeway or other form of
attachment or a detached stand-alone structure and is designed or
used for the sheltering or motor vehicles and the storage of
household goods incidental to the residential use of the dwelling.
"GRADE" (as applying to the determination of building height)
means the lowest of the average levels of finished ground
adjoining each exterior wall of a building, excluding localized
depressions such as for vehicle and pedestrian entrances.
"LETTERS OF ASSURANCE" means the letters attached as
Schedule A, Schedule B and Schedule C-A and C-B of Part 2 of
Division C of the Building Code, amended as necessary by the
registered professional in cases where the letters are required by
the building inspector but not required by the Building Code.
"MANUFACTURED HOME" means a factory built, single detached
dwelling unit conforming to CAN/CSA-Z240 MH.
Part 13, Page 3
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 2 - Definitions (Continued)
"OCCUPANCY" means the use or intended use of a building or
part thereof for the shelter or support of persons, animals or
property.
"OWNER" means, in respect of a parcel,
a.
the registered owner of an estate in fee simple;
b.
the tenant for life under a registered life estate;
c.
the registered holder of the current or most
recent registered agreement for sale;
d.
the holder of occupier of land held in the manner referred
to in Section 228 (taxation of Crown land used by others)
or Section 229 (taxation of Municipal land used by others)
of the Community Charter.
"PAVED" means surfaced with asphalt, concrete or brick that
cannot be removed by natural weather conditions.
"PLUMBING FIXTURE" means a toilet, water closet, sink, lavatory,
bathtub, shower, hot water tank, clothes washer, dishwasher, floor
drain, roof drain, water heater, oil and grease interceptor, sump,
catch basin, backflow prevention device, vacuum breaker and any
similar appliance which is connected to a sanitary drain, water
supply or internal rain water leader.
"PLUMBING SYSTEM" means a system of pipes and fixtures
installed in a building for the distribution of potable water and the
removal of sanitary wastes or rain water.
"QUALIFIED BUILDING OFFICIAL" means
a.
person having the qualifications described by the District
of Kitimat; and
b.
upon the coming into force of s. 10 of the Building Act, a
qualified building official as defined in the Building Act.
"RECONSTRUCTION" means to re-build a building or structure,
including any structural elements, to original design, dimensions
and materials.
Part 13, Page 4
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 2 - Definitions (Continued)
"REGISTERED PROFESSIONAL" means
a.
a person who is registered or licensed to practice as an
architect under the Architects Act; or
b.
a person who is registered or licensed to practice as a
professional
engineer
under
the
Engineers
and
Geoscientists Act.
"RENTAL PREMISES" means a building containing one or more
rental units.
"RENTAL UNIT" means residential living accommodation of any
kind that is rented or intended to be rented to a tenant under a
tenancy agreement and includes, without limitation, a dwelling unit,
a sleeping unit or a housekeeping unit.
"REPAIR" means the replacement of an existing component of a
building or structure, other than a structural element, with a
component of like characteristics.
"SECONDARY SUITE" means a self-contained, accessory
dwelling unit located within a principal single-detached dwelling
having its own separate cooking, sleeping and bathing
facilities and direct access to the outside without passing through
any part of the principal dwelling unit.
"SECURITY" means cash, a certified cheque or an unconditional,
irrevocable and automatically renewing letter of credit issued by a
chartered bank or credit union.
"SECURITY FENCE" means a temporary structure that surrounds
the perimeter of a construction or demolition site to prevent
access.
"SETBACK" means the horizontal distance measured at right
angles to a parcel line, between the parcel line and the nearest
point of a building, structure, or use.
"STRUCTURAL ENGINEER OF RECORD (SER)" means a
Structural Engineer engaged to review, certify and provide letters
of assurance for the structure, engineered components and
foundations of a standard building.
"SHED" means an outbuilding used for storage.
"SIDING" means a material used for surfacing the outside walls of
a wood frame building.
Part 13, Page 5
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 2 - Definitions (Continued)
"STANDARD BUILDING" means a building that is not a complex
building and includes a single-family dwelling, a manufactured
home, and a multi-family residential building having four or fewer
dwelling units on one parcel.
"STOP WORK NOTICE" means a directive by the building
inspector to an owner to cease work on a building or structure.
"STRUCTURE" means a construction or portion thereof of any
kind, whether fixed to, supported by or sunk into land or water, but
specifically excludes landscaping, fences, paving and retaining
structures less than 1.2 metres in height.
"VALUE" in relation to construction means all costs of construction,
materials and labour required to carry out the construction to
completion.
Subdivision 3 - Purpose of Part 13
13.1.3.
1. Interpretation of Part 13 - This Part, notwithstanding any other
provision herein, be interpreted in accordance with this Subdivision
3.
2.
Purpose of Part 13 - This Part has been enacted for the purpose
of providing for the administration and regulation of the Building
Code within the District of Kitimat and to regulate building and
development in general in respect to those matters not included in
the Building Code.
3.
Limitations of Part 13 - It is not contemplated nor intended, nor
does the purpose of this Part extend:
a.
to the protection of owners, constructors, subsequent
owners, or any other person from economic loss;
b.
to the assumption by the District or any building inspector
of any responsibility for ensuring the compliance by any
owner, his or her agent or representative, or employees,
constructors or designers retained by him or her, with the
Building Code, the requirements of this Part or other
applicable enactments respecting health or safety
c.
to providing any person a warranty of design or
workmanship with respect to any building or structure for
which a permit or occupancy permit is issued under this
Part; or
d.
to providing a warranty or assurance that construction
undertaken pursuant to permits issued by the District is free
from latent, or any defects.
Part 13, Page 6
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 4 - Permit Conditions
13.1.4.
1.
A permit is required whenever and before work regulated under
this Part is undertaken.
2.
Disclaimer of Warranty or Representative - Neither the issuance of
a permit under this Part, the review and acceptance of the design,
drawings, plans or specifications, nor inspections made by a
building inspector, shall constitute representation, warranty,
assurance or statement that the Building Code, Municipal Code or
other enactments respecting health and safety have been
complied with or that the building or structure meets any standard
of materials and workmanship, and no person shall rely on any of
those acts as establishing compliance with the Building Code, this
Part or any other applicable enactments respecting health and
safety. The person to whom a permit is issued is responsible for
making such determination.
3.
Owner Responsibility -
a.
It shall be the full and sole responsibility of the owner to
carry out the work in respect of which the permit was
issued in compliance with the Building Code, this Division
and other applicable enactments respecting health and
safety.
b.
Every owner to whom a permit is issued shall be
responsible for the cost of repair of any damage to
municipal works that occurs in the course of work
authorized by the permit, and shall acknowledge this prior
to issuance of the permit by signing the Damage Deposit
form and providing the required security.
Subdivision 5 - Scope and Exemptions
13.1.5.
1.
Applications - This Part applies to the design, construction and
occupancy
of
new
buildings
and
structures,
and
the
alteration/renovation,
reconstruction,
demolition,
removal,
relocation and occupancy of existing buildings and structures.
Where renovation, repair or addition to a building are undertaken
the Building Inspector may require upgrades to the entire building
as provided in Appendix A of the Code.
2.
Exemptions - This Part does not apply to:
a. buildings or structures exempted by Section 1.1.1.1(2)(a) to (e, (g)
to (h) of the Building Code; or
b. retaining structures less than 1.2 metres in height.
Part 13, Page 7
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 5 - Scope and Exemptions (continued)
13.1.5
3.
Building Permit Not Required - A Building Permit is not required
for any of the following:
a. replacement of roofing materials, providing like materials are
used;
b. replacement of windows within existing wall openings;
c. replacement of plumbing fixtures;
d. exterior siding replacement that does not require changes to the
building
envelope
assembly
to
meet
the
manufacturer's
installation instructions.
4.
Permits Not Required for LNG Facilities - No permit of any kind is
required under this Part for the construction, erection, placement
or alteration of a building or structure on land whose legal
description, as of the date of first reading of Municipal Code Part
13 - Building Amendment Bylaw No. 1948 2019, is set out in
Subdivision 9 of this Division, or that is located within the area
outlined in heavy black line on Plan 10748 being a Reference Plan
to Accompany Lease of Part of District Lot 5469 Range 5 Coast
District, if the construction, erection, placement or alteration has
been authorized by a leave to Construct and the occupancy has
been authorized by a Leave to Operate issued under s. 25 of the
Oil and Gas Activities Act and copies of the authorizations have
been provided to the District.
5.
Building Energy Conservation Step Code - In relation to the
conservation of energy, buildings may be constructed on or after
May 1, 2023, in accordance with sections 9.36.2 to 9.36.4 of
Division B of the BC Building Code 2018.
Bylaw No.
2024, 2023
Part 13, Page 8
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 6 - Prohibitions
13.1.6.
1.
Permits Required - No person shall commence or continue any
construction,
alteration/renovation,
reconstruction,
demolition,
removal, relocation of any building or structure or plumbing
system, including excavation or other work related to construction,
unless a building inspector has issued a valid and subsisting
permit for the work.
2.
Occupancy Permit - No person shall occupy or use any building or
structure, or part of it, unless a valid and subsisting occupancy
permit has been issued by a building inspector for the entire
building or structure, or contrary to the terms of any occupancy
permit issued or any notice given by a building inspector.
3.
No False Information - No person shall knowingly submit false or
misleading information to a building inspector in relation to any
permit application or construction undertaken pursuant to this Part.
4.
No Tampering with Permit - No person shall reverse, alter, deface,
cover, remove or in any way tamper with any notice, order, permit
or certificate issued by the building inspector, including one posted
upon or affixed to a building or structure pursuant to this Part.
5.
No Variances - No person shall do any work that is substantially at
variance with the design or plans of a building, structure or other
works for which a permit has been issued, unless that variance
has been accepted in writing by a building inspector.
6.
No Obstruction of Building Inspector - No person shall obstruct the
entry of a building inspector or other authorized official of the
District of Kitimat on property in the administration of this Part.
7.
Structural Damage - At the discretion of the building inspector, any
building that has experienced structural damage due to a tornado,
earthquake or other act of Nature, fire, decay or man-made
disaster, shall provide an engineer's report upon the completion of
the repairs, certifying that the work has been completed in
accordance with the engineer's recommendations.
8.
Despite any other provision of Part 13, no permit shall be issued
without prior issuance of a development permit, where such permit
is required by Section 489 of the Local Government Act.
Part 13, Page 9
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 7 - Owners and Authorized Agents
13.1.7.
1.
Use of An Agent - An owner may appoint an agent for the
purposes of this Part, by completing and delivering to the building
inspector the District's form for that purpose, and all subsequent
applications, requests and other acts of the agent shall be deemed
to be acts of the owner and all permits, notices, acceptances and
other notices delivered to the agent will be deemed to have been
delivered to the owner.
2.
An owner may not revoke an appointment of an agent for the
purposes of this Part unless the owner provides the building
inspector with a written revocation.
3.
Rules on Signing by Owners - Where an application, letter or other
document is required by this Part to be provided by the owner, the
following apply;
a.
the document must be signed by the owner;
b.
if a corporation is an owner of the property, the document
must be signed by at least one signing officer of the
corporation;
c.
if the property is or involves common property of a strata
corporation, the document must be signed by two members
of the strata council, and depending on the circumstances,
the building inspector may require proof;
d.
a document may be signed by the owner's authorized
agent, if the owner has provided the building inspector with
a signed authorization of that person as agent for all
purposes associated with the construction.
Part 13, Page 10
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 8 - Building Inspector
Powers of Building Inspectors
13.1.8.
1.
Each building inspector may:
a.
administer this Part and all other Municipal Codes and
permit relating to any property for which a permit has been
issued, or relating to any property for which a permit is
required for the activity underway or completed;
b.
keep records of permit applications, permits, notices and
orders issued, inspections and tests made, and retain
copies of documents related to the administration of this
Part 13 including digital copies of such documents;
c.
establish if requested to do so, whether the methods or
types of construction and types of materials proposed to be
used in the construction of a building or structure for which
a permit is sought under this Part will achieve at least the
minimum level of performance of the applicable acceptable
solution described in the Building Code;
d.
post a Stop Work Notice, or otherwise order the cessation
of work that is proceeding in contravention of this Part, a
permit or the Building Code;
e.
post a Do Not Occupy Notice, or otherwise order to cease
occupancy of a building that is proceeding in contravention
of this Part, a permit or the Building Code;
f.
refuse to issue a permit where, the application for a permit
or the proposed construction does not comply with the
Building Code, this Division of Part 9 of the Municipal Code
or where in his/her opinion, the results of tests of materials,
devices, construction methods, structural assemblies or
foundation conditions are not satisfactory;
g.
prescribe from time to time the form for applications,
permits, orders and other notices referred to in this Part.
Part 13, Page 11
PART 13
- BUILDING
Division 1
- Introductory Provisions
Subdivision 8 - Building Inspector (continued)
13.1.8
Entry onto Land
2.
A building inspector may:
a.
enter any land, building, structure, or premises at any
reasonable time for the purpose of ascertaining that the
requirements of the Building Code and this Part are being
observed;
b.
where any residence is occupied, obtain the consent of the
occupant or provide written notice to the occupant
TWENTY-FOUR (24) hours in advance of entry; and
c.
carry proper credentials confirming his/her status as
building inspector.
3.
Order Correction of Work - A building inspector may order the
correction of any work that is being or has been done in
contravention of the Building Code, this Part or a permit issued
under this Part.
4.
Unavailability of Building Inspector - The District may, in
circumstances in which a building inspector is not available to
exercise powers to perform duties under this Part, issue a building
permit, plumbing permit, demolition permit, solid fuel burning
appliance permit, occupancy permit or fire sprinkler permit, if a
qualified building official who is not a building inspector as defined
in the Building Act, has certified that the application for the permit
and the proposed construction comply with the Building Code and
this Part, or in the case of an occupancy permit that the
construction complies with the Building Code, this Part and the
applicable permit.
Subdivision 9 - Permits Not Required for LNG Facilities
PID
Description
013-085-484
District Lot 94 Range 5 Coast District
004-332-041
District Lot 5469 Range 5 Coast District Except Plans EPP41247
030-237-939
Lot A District Lots 187 & 6050 Range 5 Coast District Plan EPP67347
013-119-621
Parcel A (see L361) of District Lot 6003 Range 5 Coast District
004-333-519
The West 1/2 of District Lot 6003 Range 5 Coast District
004-334-078
District Lot 6004 Range 5 Coast District Except Part in Plan EPP67348
004-333-021
District Lot 6001 Range 5 Coast District
004-333-276
District Lot 6002 Range 5 Coast District
004-329-627
Block 1506 District Lot 73 Range 5 Coast District Plan 6148
030-473-667
District Lot 186 Lot A Range 5 Coast District
013-085-638
District Lot 187 Range 5 Coast District Except Plan 11524
016-334-558
Lot 1 DLS 981 5469 & 7940R Range 5 Coast District Plan 12731
Part 13, Page 12
PART 13
- BUILDING
Division 2
- Applications for Permits
Subdivision 1 - Applications for Permits
13.2.1.
1.
Required Permits - Every person shall apply for and obtain:
a.
a building permit before constructing, reconstructing,
repairing or altering a building or structure;
b.
a plumbing permit before constructing or altering a
plumbing system;
c.
a demolition permit before demolishing a building or
structure, or any part thereof;
d.
a solid fuel burning appliance permit prior to the
construction and/or installation of a solid fuel burning
appliance within a building or structure;
e.
an occupancy permit prior to occupying a building or
structure;
f.
a fence permit before construction of a fence, a partial
fence or security fence;
g.
a deck permit before construction of a deck;
h.
a shed permit before construction of a shed that has a floor
area less than 10m2 measured to the outer surfaces of the
exterior walls;
i.
a fire sprinkler permit before installation of fire sprinklers
within a building or structure.
2.
Permit Application Forms - Applications for permits required by
this Part shall be made on the forms provided.
3.
Plans - Designer Name - All plans submitted with building permit
applications shall bear the name and address of the designer of
the building or structure.
4.
Separate Building Permits - Each building or structure to be
constructed on a parcel requires a separate building permit and
shall be assessed a separate permit fee based on Schedule A of
this Part.
Part 13, Page 13
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 1 - Applications for Permits (Continued)
5.
Separate Plumbing Permits - Each plumbing system to be
constructed on a parcel requires a separate plumbing permit for
each building and shall be assessed a separate permit fee based
on Schedule A of this Part.
6.
Construction Trailer - Subject to any other Division, the Building
Inspector may issue a One (1) Year Permit for the placement of a
Construction Trailer, provided that:
a.
the permit fee and security specified in Schedule A of this
Part has been paid;
b.
the trailer complies with the requirements of the Building
Code with respect to local snow load or alternate solution
acceptable to the Building Inspector;
c.
the trailer is adequately supported;
d.
the trailer has ingress and egress facilities acceptable to
the building inspector; and
e.
the placement of the trailer has been approved;
f.
An application for a permit shall be made on the form for
such applications accompanied by a suitable plan showing
the location of the trailer.
7.
Construction Trailer Complex - Subject to any other Division, the
Building Inspector may issue a One (1) Year Permit for the
placement of a Construction Trailer Complex provided that:
a.
The permit fee and security specified in Schedule A of this
Part has been paid;
b.
The trailer complex is certified by a Registered
Professional that it complies with the Building Code with
respect to:
1.
Snow Load
2.
Structure
3.
Foundation Support
4.
Seismic Restraint
c.
The trailer has ingress/egress facilities acceptable to the
building inspector;
d.
Placement of the trailer has been approved
8.
Application for a Construction Trailer or Construction Trailer
Complex shall be made on the form for such applications
Part 13, Page 14
PART 13
- BUILDING
Division 2
- Application for Permits
accompanied by a suitable plan showing the location of the trailer
or complex.
9.
The permit holder shall remove the Construction Trailer or
Construction Trailer Complex's from the site no later than the
expiry date of the permit and leave the site in a safe, tidy and
sanitary condition, in default of which the District may perform the
work and dispose of the trailer at the permit holder's expense, and
apply the security to the cost of doing so.
10.
A permit for a Construction Trailer or Construction Trailer Complex
may be renewed for additional one (1) year terms provided that
construction continues to be authorized by a Building Permit and
work is in progress. Renewals shall be subject to the following
conditions;
a.
Payment of the fee specified in Schedule A of this Part;
b.
Satisfactory inspection of the Construction Trailer or
Complex by the Building Inspector and Fire Department;
Subdivision 2 - Professional Plan Certification
13.2.2.
1.
Letters of Assurance Required Under the Building Code - In
addition to the circumstances where building design and field
review are required to be performed by a registered professional
under the Building Code, every owner applying to construct a
complex building or standard building requiring a registered
professional under this Part shall:
a.
provide to the building inspector prior to issuance of a
building permit, letters in the form(s) set out in Schedules A
and B of Division C Part 2 of the Building Code;
b.
provide to the building inspector prior to issuance of a
building permit, proof for each Registered Professional's
liability insurance coverage by providing the completed
Registered Professional Proof of Insurance form.
c.
provide to the building inspector prior to obtaining a final
inspection for an occupancy permit for the building, the
form(s) set out in Schedules C-A and C-B of Division C
Part 2 of the Building Code.
Part 13, Page 15
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 2 - Professional Plan Certification (Continued)
2.
Building Inspector Requirements for Letters of Assurance - In
addition to the circumstances where building design and field
reviews by a registered professional are required under the
Building Code, the building inspector may require an owner
applying for a building permit for a standard building or a structure
to provide the District with the certifications referred to in Section
13.2.2.1.(a) and Section 13.2.2.1.c) of this Part if the building
inspector considers that this is warranted by circumstances that
relate to site conditions, size or complexity of development, or
another aspect of development.
3.
Reliance on Letters of Assurance - Building Permits issued
pursuant to Section 13.2.2.1 and 13.2.2.2 shall include notice to
the owners that:
a.
the letters of assurance are relied upon by the District and
its building inspectors as certification that the design and
plans and construction to which the letters of assurance
relate comply with the Building Code, this Part and other
applicable enactments relating to health and safety.
b.
When a building permit is issued in accordance with
13.2.2.3.(a) the permit fee shall be reduced pursuant to
Section 13.4.1.4
Subdivision 3 - Applications for Standard Buildings
13.2.3.
1.
Documents Required for Applications - An application for a
building permit for a standard building shall be made on the
District's form for such applications and the owner shall include the
following additional information:
a.
Owner's Declaration - the owner of a building or structure
to be constructed requiring a building permit shall include
with the permit application(s), a signed and completed
"Acknowledgement of Owner" form;
b.
Application Forms - if applicable, any other permit
application form(s) made on the Districts form for such
applications;
c.
Water Turn On/Off Application Form - if applicable, in
accordance with Part 6, Division 3 of the Municipal Code;
d.
Homeowner Protection Office Form - the form required by
Section 30 of the Homeowner Protection Act, in the case of
a residential use;
Part 13, Page 16
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 3 - Applications for Standard Buildings (Continued)
e.
Site Plan - unless the building inspector waives the
requirement for a site plan, in whole or in part, where the
permit is sought for the repair or alteration/renovation of an
existing building or structure, a site plan showing;
(1)
Dimensions - the bearing and dimensions of the
parcel, taken from the registered subdivision plan, if
applicable;
(2)
Legal - title search print, legal description, civic
address and owner information of the parcel, and
listing of restrictive covenants in favour of the
District of Kitimat;
(3)
No Building Areas - the location and dimensions of
all statutory rights of way, easements, covenants,
and zoning bylaw setback requirements;
(4)
Buildings - the location and dimensions of all
existing and proposed buildings or structures on the
parcel, including on-site sewage disposal systems, if
applicable;
(5)
Foundation Elevations - proposed elevations for top
of basement and garage foundation, garage floor,
surface drainage to District of Kitimat Datum;
(6)
Parking/Driveway - the location, dimension and
slope of parking and driveway access;
(7)
Lot Grading Plan - lot grading plans showing
elevations of all corners of the parcel, which indicate
the existing and final elevations and mandatory
grades from the dwelling to the corners of the parcel
on which is located. Elevations to be to District of
Kitimat Datum;
(8)
Floor Plans - floor plans showing the dimensions
and uses of all areas; 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; stair dimensions;
structural elements; plumbing fixtures including hot
water tanks and tankless water heating systems;
appliances, heating systems including heat recovery
ventilation systems, and carbon monoxide and
smoke detectors;
Part 13, Page 17
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 3 - Applications for Standard Buildings (Continued)
(9)
Cross Section - cross sections through the building
or structure at an appropriate scale and sufficient
locations, illustrating foundations, drainage, ceiling
heights and construction systems;
(10)
Elevations - elevations of all sides of the building or
structure showing finish details, roof slopes,
windows, doors, and finished grade;
(11)
Foundation Design - plans showing the layout,
dimensions, widths and depths of all footings,
foundation walls, pads and cross-sections of walls,
footings, pads showing reinforcement location, size
and spacing, prepared by a registered professional
if 13.2.2.2. applies;
(12)
Building Design - two sets of drawings illustrating
the design of the building or structure;
(13)
Truss Plan - a truss plan and truss drawings
provided by the truss supplier and stamped by a
professional engineer;
(14)
Roof - a roof plan and roof height calculations;
(15)
Spatial Separations - information on all window
openings to enable the building inspector to
calculate spatial separations.
1.
f.
Other Information - any other information required by the
building inspector to consider compliance with this Part, the
Building Code and other applicable Divisions and
enactments.
g.
Letter of Assurance - the applicable letters of assurance as
referred to in Division C Part 2 of the Building Code, each
signed by the relevant registered professionals, if
professional plan certification is required by the Building
Code or this Part.
h.
Securities - completed "Damage Deposit" form and pay the
security amount.
2.
Manufactured Homes - in addition to the requirements of Section
13.2.3.1., the following shall be submitted with a moving permit
application and building permit application for the installation of a
manufactured home.
Part 13, Page 18
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 3 - Applications for Standard Buildings (Continued)
a.
Standards - evidence that the manufactured home will be
constructed
and
certified
under
current
Canadian
Standards Association (CAN/CSA) A277 or Z240MH
standards, and certification that it meets the Climatic Data
requirements for Kitimat, set out in "Climatic Data" form;
b.
Registered Professional - where a foundation and site
prepared for a manufactured home does not comply with
Section 13.2.2.2. of this Part, Schedules A and B of
Division C Part 2 of the Building Code will be required from
a registered professional;
c.
Site Information - details of siting, servicing, foundations or
tie downs.
Subdivision 4 - Applications for Complex Buildings
13.2.4.
1.
Documents Required for Application - An application for a building
permit for a complex building shall be made on the District's form
for such applications and the owner shall provide the following
additional information:
a.
Drawings - two complete sets of drawings at a suitable
scale of the design, illustrating that the building or structure
substantially conforms to the Building Code, prepared by
each registered professional and including all necessary
information;
b.
Other Permit Applications - if applicable, any other permit
application which shall be made on the District of Kitimat's
form for such applications;
c.
Cost Estimate - a construction cost estimate from a
registered professional or a signed copy of the actual
contract between the contractor and the owner, the cost
estimate to include site drainage collection infrastructure,
parking infrastructure and servicing utilities;
d.
Water Turn On/Off Application Form - if applicable, in
accordance with Part 6, Division 3 of the Municipal Code;
e.
Application Forms - if applicable, any other permit
application form(s) made on the District's form for such
application;
f.
Home Protection Office form - the form required by section
30 of the Homeowner Protection Act, in the case of a
residential use;
Part 13, Page 19
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 4 - Applications for Complex Buildings (Continued)
g.
Declaration Forms - each owner of a building or structure
to be constructed requiring a building permit shall include
with the permit application(s), a signed and completed
"Acknowledgement of Owner" form and if applicable an
"Owner's Authorization";
h.
Title Search - print providing the legal description, owner
information and listing all restrictive covenants pertaining to
the title;
i.
Letters of Assurance - letters of assurance as referred to in
Division C Part 2 of the Building Code, each signed by the
relevant registered professionals;
j.
Report - a geotechnical engineer's report providing
detailed information on site conditions, including but not
limited to, soils, drainage requirements, slope, stability and
contamination, except to the extent that a building inspector
has determined that such report is not required;
k.
Approvals - copies of approvals required under any
enactment relating to health or safety, including, without
limitation, filings made with the Northern Health Authority
with regard to on-site sewage disposal, highway access
permits and Ministry of Health approval of on-site potable
water supplies;
l.
Business License - copy of current business license for
each
general
contractor,
subcontractor
and
owner/contractor's;
m.
Development Permit - copy of any required development
permit;
n.
Securities - completed "Damage Deposit" form and pay the
security amount;
o.
Site Plan - a site plan, prepared by a British Columbia
Land Surveyor unless a building inspector determines that
a plan prepared by a person of lesser qualification is
adequate, showing:
(1)
Dimensions - the bearing and dimensions of the
parcel taken from the registered subdivision plan;
(2)
Site Information - the location and size of the
building and the floor area and lot coverage ratio;
Part 13, Page 20
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 4 - Applications for Complex Buildings (Continued)
(3)
Legal - the legal description and civic address of
the parcel;
(4)
No Build Area - the location and dimensions of all
statutory rights of way, easements and zoning bylaw
setback requirements;
(5)
Buildings - the location and dimensions of all
existing and proposed buildings or structures on the
parcel;
(6)
Bins - the proposed location and dimensions of
garbage and recycling bins;
(7)
Hydrants - the locations of all nearby fire hydrants,
fire sprinklers/standpipe connections and fire flow
calculations;
(8)
Landscape Area - the detailed description and
illustration of the landscape plan;
(9)
Levels - the existing and finished ground levels to
an established datum at or adjacent to the site and
to the District of Kitimat Datum of the underside of
the floor system of a building or structure where the
District's
zoning
regulations
establish
siting
requirements related to a minimum floor elevation;
and
(10)
Roads - the location, dimension and gradient of
access roadways, parking and driveway access.
p.
All necessary building plans including but not limited to:
(1)
Architectural Plans - floor plans showing the
dimensions, and uses of all areas: the dimensions
and height of crawl and roof spaces; the location,
size and swing of doors; the location, size and
openings of windows; floor, wall and ceiling finishes;
structural elements; and stair dimensions;
(2)
Structural Plans - showing the details for the
footings/foundation plans, load bearing members,
fasteners and connectors, concrete reinforcing, roof
slope, finishes; structural elements; and stair
dimensions;
Part 13, Page 21
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 4 - Applications for Complex Buildings (Continued)
(3)
Mechanical Plans - including the heating, ventilation
and air conditioning details, plumbing details, site
servicing for water, sewer and drainage outside the
building envelope, fire suppression systems and
roof drainage systems;
(4)
Electrical Plans - prepared by an electrical engineer
including all electrical systems of the building and
fire alarm systems;
2.
Security Fence - An owner must install a security fence prior to
constructing a complex building and;
a.
The owner must include a fence permit application made
under Section 13.2.10 of this Part with the building permit
application;
b.
The owner must ensure that the security fence surrounds
the entire construction site, is properly maintained
throughout the construction period and complies with the
Building Code Municipal bylaws and has been approved by
a building inspector.
3.
Additional Information - In addition to the requirements of Section
13.2.4, the owner may be required by a building inspector to
submit site servicing drawings, including sufficient detail of off-site
services to indicate location at the property line, prepared and
sealed by a registered professional, in accordance with the District
of Kitimat's Subdivision and Development Servicing Division.
Subdivision 5 - Moving Permits
13.2.5.
1.
Documents Required for Application - An application for a moving
permit shall be made on the District's form for such applications.
2.
Disconnection of Services - Prior to moving any building, the
owner must submit a Water Turn On/Off application to have the
water turned off by the District of Kitimat and the owner must
disconnect all services, cap all underground services and install
stakes at the end of those services.
3.
Highway Closures - If an owner requires any temporary highway
or lane closures for the moving of a building, permission must be
received from the District and the District's costs to accommodate
the move are the responsibility of the owner.
Part 13, Page 22
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 6 - Fire Sprinkler Permits
13.2.6.
1.
Documents Required for Application - An application for a fire
sprinkler permit shall be made on the District's form for such
applications and the owner shall provide letters of assurance from
the registered professional who designs the system.
Subdivision 7 - Demolition Permits
13.2.7.
1.
Documents Required for Application - An application for a
demolition permit shall be made on the form for such applications.
2.
Disconnection of Services - Prior to demolition of any building, the
owner must submit a Water Turn On/Off Application The owner
must coordinate disconnection of all utility services in accordance
with the applicable utility standards as well as cap all underground
services and install stakes at the end. Services older than 25 years
shall be excavated, removed and capped at the service mains or, if
to be reused, replaced at the developers' cost.
3.
Backfilling - Upon completion of demolition of a building, the
owner must remove all cellars, foundations and other remaining
structures,
and
backfill
excavations
to
grade
level
with
uncontaminated native backfill or other uncontaminated granular
material.
4.
Site Profile - Before issuance of a demolition permit the owner
shall complete and submit, if required, the Ministry of
Environment's Schedule 1 Form indicating that no Schedule 2
activities were performed on the site, or provide a site profile and
Ministry of Environment clearance documentation.
5.
Security Fence - If required by the Building Code the owner must
install a security fence prior to demolition and after obtaining a
fence permit under Section 13.2.10 of this Part, and Section
13.2.2.2 of this Part applies to the fence.
Subdivision 8 - Solid Fuel Burning Appliance Permits
13.2.8.
1.
Documents Required for Application - An application for a solid
fuel burning appliance permit shall be made on the District's form
for such applications and be accompanied by a copy of the
manual for the solid fuel burning appliance.
2.
Certifications of Appliances - All appliances installed pursuant to a
solid fuel burning appliance permit must have a certification label
attached to the unit from the Canadian Standards Association,
Underwriters Laboratories of Canada, or another certifier
acceptable to the building inspector.
Part 13, Page 23
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 8 - Solid Fuel Burning Appliance Permits (Continued)
3.
Manufacturer Specifications - All solid fuel burning appliances and
chimneys must be installed in accordance with manufacturer
specifications including but not limited to pipe sizing and
clearances.
4.
Required Inspections - Every owner shall obtain an inspection and
acceptance of the installation of a solid fuel burning appliance,
after installation and before any portion of the work is covered or
concealed. If the work is covered of concealed prior to inspection,
the owner shall uncover the work, remove construction materials
and do everything else necessary for the building inspector to
conduct inspection.
5.
Owner Must Call for Inspections - The owner shall give at least 24
hours notice to the building inspector of the owner's request for an
inspection of a solid fuel burning appliance and the District of
Kitimat is not required to undertake any inspection under Section
13.2.8.4 until requested by the owner.
6.
Plans Available - An owner is not entitled to request an inspection
of work under Section 13.2.8.4 unless a copy of the issued solid
fuel burning appliance permit and all applicable plans and
manufacturer specifications are available at the site and the civic
address is clearly visible from the street.
Subdivision 9 - Plumbing Permits
13.2.9.
1.
Documents Required for Application - An application for a
plumbing permit shall be made on the District's form for such
applications.
2.
Certified Tradesman - All plumbing must be installed by a certified
tradesman unless being installed by a home owner occupying or
intending to occupy the residential building in which the plumbing
is installed. Owner/installers must complete, acknowledge and sign
the Home Owner's Plumbing Declaration Section of the Plumbing
Permit Application.
3.
Required Inspections - Every owner shall obtain an inspection and
acceptance of the installation of plumbing fixtures, after installation
and before any portion of the work is covered or concealed. If the
work is covered or concealed prior to inspection, the owner shall
uncover the work, remove construction materials and do
everything else necessary for the building inspector to conduct the
inspection.
Part 13, Page 24
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 9 - Plumbing Permits
(Continued)
4.
Owner Must Call for Inspections - The owner shall give at least 24
hours advance notice to the building inspector of the owner's
request for an inspection of plumbing and the District is not
required to undertake any inspection under Section 13.2.9.3 until
requested by the owner.
5.
Plans Available - An owner is not entitled to request an inspection
of work under Section 13.2.9.3 unless a copy of the issued
plumbing permit and all applicable plans are available at the site
and the civic address is clearly visible from the street.
Subdivision 10 - Fence, Security Fence, Deck and Shed Permits
13.2.10.
1.
Documents Required for Application - An application for a fence
permit, a security fence permit, a deck permit or a shed permit
shall be made on the District's form for such applications.
2.
Required Inspections - Every owner shall obtain an inspection and
acceptance of the installation of a fence, security fence, deck or
shed, after installation and before any portion of the work is
covered or concealed. If the work is covered or concealed, every
owner shall uncover the work, remove construction materials and
do everything else necessary for the building inspector to conduct
the inspection.
3.
Owner Must Call for Inspections - The owner shall give at least 24
hours notice to the building inspector of the owner's request for an
inspection and the District is not required to undertake any
inspection under Section 13.2.10.3 until requested by the owner.
4.
Plans Available - An owner is not entitled to request an inspection
of work under Section 13.2.10.3 unless a copy of the issued fence
permit, deck permit or shed permit as applicable, and all applicable
plans are available at the site and the civic address is clearly
visible from the street.
Subdivision 11 - Retaining Structures
13.2.11.
1.
Documents Required for Application - An application for a building
permit for a retaining structure shall be made on the District's form
for such applications.
2.
Requirement for Professional Design and Field Reviews - A
registered professional shall undertake the design and conduct
field reviews of the construction of a retaining structure greater
than 1.2 metres in height and tier walls with a total height greater
than 1.2 metres spaced at a distance less than each tier height.
Part 13, Page 25
PART 13
- BUILDING
Division 2
- Application for Permits
Subdivision 11 - Retaining Structures (Continued)
3.
Information with Permit Application - Sealed copies of the design
plan prepared by the registered professional for all retaining
structures greater than 1.2 metres in height shall be submitted to a
building inspector prior to issuance of a building permit.
Subdivision 12 - Fuel Tank Storage - Commercial Property
13.2.12.
1.
Documents Required for Application - An application to remove,
install, repair or upgrade a fuel storage tank and/or piping for
commercial property shall be made and a permit fee shall be paid
in accordance with the Fire Prevention Part of the Municipal Code.
2.
Required Inspections - An on-site inspection is required during
tank removal by the Fire Department.
Part 13, Page 26
PART 13
- BUILDING
Division 3
- Owner Requirements
Subdivision 1 - Responsibility of the Owner
13.3.1.
1.
Owner Liability - Neither the issuance of a permit under this Part
nor the acceptance or review of plans, drawings, specifications or
supporting documents, nor any inspections made by or on behalf
of the District shall in any way relieve the owner from full and sole
responsibility to perform the work in strict accordance with this
Part, the Building Code and other applicable enactments
respecting health and safety.
2.
On Site Requirements - Every owner to whom a permit is issued
shall, during construction;
a.
Post Permit - post and maintain the permit in a
conspicuous place on the property in respect of which the
permit was issued;
b.
Plans on Site - keep a copy of the accepted designs,
plans and specifications on the property; and
c.
Civic Address - post the civic address on the property in a
location clearly visible from the abutting road.
3.
Site Conditions - Where a building permit has been issued, the
owner of a property shall ensure that during construction:
a.
Storage - no construction material or equipment is placed
or stored on adjacent District property or, without
permission, on adjacent private property;
b.
No Disturbances - there is no disturbance to adjacent
properties or to existing erosion and sediment control
appurtenances;
c.
Drainage Control - proper site drainage and erosion and
sedimentation control measures are in place to prevent the
discharge of sediment into the District storm drainage
system or neighbouring properties or natural water
courses;
Part 13, Page 27
PART 13
- BUILDING
Division 3
- Owner Requirements
Subdivision 1 - Responsibility of the Owner (Continued)
d. Residues - the residue from the cleaning of concrete trucks
or the wash from exposed aggregate concrete is not
discharged directly into the District storm drainage system,
onto District boulevards or onto private property without the
owner's consent;
e.
Sidewalks - sidewalks and roadways are kept clear of mud
and debris associated with vehicles travelling to and from
the building site and are cleaned daily;
f.
Rubbish - a container with a closable lid is available for
deposit of rubbish and debris during construction, and the
building site is kept in neat and tidy condition;
g.
Recycling Material - containers for separation of materials
are available to divert recyclable materials from the
disposal at the landfill. Cardboard must be separated,
maintained at an appropriate recycling facility.
4.
If an owner fails to clear mud or debris from sidewalks and
roadways as required by Section 13.3.1.3.e, allows rubbish or
debris to escape from a building site, or allows rubbish or debris to
accumulate on a building site outside of the confines of a container
provided on the site to contain rubbish or debris, the District may
clear the mud or debris or collect and dispose of the rubbish or
debris at the owner's cost, may recover the cost from the owner as
a debt, and may collect any unpaid costs from the owner in the
same manner and with the same remedies as property taxes.
Subdivision 2 - Site Standards
13.3.2.
1.
Drainage - The owner shall ensure that in connection with the
construction of any building, structure or paved surfaces, drainage
works and patterns shall be established in accordance with the
following standards:
a.
Surface Water - adequate drainage of surface water shall
be provided over the whole area of a building site in
accordance with this Part, and Part 9 of the Municipal
Code;
b.
Terminus of Drainage - surface water from each site shall
drain directly into either a public storm sewer system in
accordance with the Division where such is available or into
a natural water course designated by the building inspector;
Part 13, Page 28
PART 13
- BUILDING
Division 3
- Owner Requirements
Subdivision 2 - Site Standards (Continued)
c.
Adjacent Property - surface water shall not be allowed to
drain from any site into any adjacent property or public park
other than a natural watercourse designated by the building
inspector;
d.
Catch Basins - where grading will result in collection of
water, catch basins shall be installed to carry such surface
water from the site, or other methods of drainage
acceptable to the building inspector must be employed in
accordance
with
the
Subdivision
and
Servicing
Development Division;
e.
Downspouts - where downspouts are provided and are not
connected to storm sewer or an acceptable private sub-
surface disposal system, extensions shall be provided to
carry rainwater away from the building and towards the
street storm drainage in a manner which will prevent soil
erosion.
2.
Grading
a.
Plan - if a lot grading plan has been provided by the District
as part of the application for the building permit, the lot
must be graded in accordance with the approved plan;
b.
Direction of Grading - whenever topographically possible,
lots shall be graded towards roadways, and in no case shall
lots be permitted to drain onto an adjacent lot. In areas
where site topography prohibits drainage to roadways, lots
may be graded to lot lines with drainage swales graded out
to the roadways in accordance with the Subdivision and
Servicing Development Division.
3.
Driveways - Maximum Grade - the finished gradient of driveway
access shall not be greater than 8% and not less than 0.5%;
4. Paving - Finished surfaces shall conform to Part 9 of the Kitimat
Municipal Code;
Part 13, Page 29
PART 13
- BUILDING
Division 3
- Owner Requirements
Subdivision 3 - Water Meters and Water Services
This Section does not apply to single-family residential properties
13.3.3.
1.
Installation of Water Meter - the owner must install the water
meters required by Part 6, Division 3 of the Municipal Code before
a building inspector performs the final inspection;
2.
No Occupancy Without Water Meter - an occupancy permit will
not be issued if the water meter and the meter transmission unit,
which allows for remote reading of the water meter, are not
installed or water is not being supplied to the building or structure.
Subdivision 4 - Rental Accommodation
This Section only applies to rental accommodation.
13.3.4
1.
Notice to Comply - the Inspector may direct an owner whose
rental unit fails to meet the requirements of this bylaw to remedy
the non-compliance within the time stated by the Inspector in a
written notice to comply delivered to the owner.
2.
Compliance with Other Bylaws - compliance with this bylaw does
not excuse an owner or any person from requirement to comply
with all other municipal bylaws and regulations.
3.
Owners Duties and Obligations - an owner of rental premises
must not use, permit the use of, lease, rent or offer to lease or rent
any rental unit that does not at all times conform to minimum
maintenance standards for rental premises prescribed by this
bylaw.
4.
Service and Utilities
a. Water
(1) All plumbing, including plumbing fixtures, drains, vents,
water pipes, toilets and toilet tanks and connecting lines
to the water and sewer system, shall be maintained in
good working order and repair, free from leaks or other
defects and protected from freezing.
Part 13, Page 30
(2) Hot water systems are capable of providing an adequate
supply of hot and cold running water to every hand basin,
bathtub, and shower. Every toilet and toilet tank shall
have an adequate supply of running water. Hot water
shall be supplied at minimum temperature of 45 degrees
Celsius
and
a
maximum
of
60 degrees Celsius.
b. Heat
(1) Furnaces and other heating equipment installed within a
rental
premise
must
be
capable
of
continuously
maintaining each room in every rental unit within the
rental premises at a minimum temperature of 19 degrees
Celsius, measured at a point 1.5 m from the floor and in
the centre of the room.
(2) At the request of any tenant of a rental unit, the owner of
the rental premises must, without unreasonable delay,
provide sufficient heat to the tenant's rental unit to meet
the minimum temperature standard.
c. Electrical System and Lighting
(1) Electrical wiring and lighting equipment, including circuits,
fuses, circuit breakers, electrical equipment and electrical
heating systems shall be maintained in good working
order.
(2) Adequate levels of artificial lighting shall be maintained in
good working order in all rental units, with tenants being
responsible to supply light bulbs or tubes as required.
5.
Ventilation and Moisture Build-up
a.
Ventilation systems and their supporting members contained
in the approved construction shall be maintained in good
working condition.
b.
The building envelope shall be maintained to prevent the
accumulation of moisture in the wall through the wall system.
c.
An owner shall not cause or allow residential premises to
become subject to the growth of mould or fungus.
Part 13, Page 31
6.
Structural Integrity
a.
Buildings and their structural components including, but not
limited to: roofs; stairs; railings; porches; deck joists; rafters;
beams; columns; foundations; floors; walls and ceilings; shall
be maintained in good repair and in a manner that provides
sufficient structural integrity so as to safely sustain its own
weight and any additional loads and influences to which it may
be subjected through normal use.
7.
Exterior Finishing
b.
Exterior walls and their components shall be maintained to
prevent their deterioration due to weather or insects. All
exterior walls shall have cladding or covering free of holes,
cracks, or excessively worn surfaces, to prevent the entry of
moisture into the structure and provide reasonable durability.
c.
A roof including the facia board, soffit, cornice and flashing
shall be maintained in a watertight condition so as to prevent
leakage of water into the building.
d.
Exterior doors, windows, skylights, and hatchways shall be
maintained in good repair.
e.
Openings in exterior walls, other than doors and windows,
shall be effectively protected to prevent the entry of rodents,
insects or vermin.
Part 13, Page 32
PART 13
- BUILDING
Division 4
- Issuance of Permits and Permit Fees
Subdivision 1 - Permit Fees
13.4.1.
1.
Permit Fees Payable - in addition to applicable fees and charges
that may be required under other Divisions, a permit fee, in the
amount established by Schedule A of this Part, shall be paid in full
before issuance of any permit under this Part.
2.
Plan-Processing Fee - a permit fee for a building permit shall
include the applicable plan-processing fee as set out in Schedule
A to this Part. The plan-processing component of the building
permit fee is payable when owner's submit an application for a
building permit.
a.
The owner must pay an additional plan-processing fee if
the building permit application is amended or revised either
before or after the issuance of the permit, to accommodate
changes to the design made in the course of construction;
b.
The plan-processing component of the building permit fee
is not refundable.
4.
Building Permit Fee Reduction - when a building permit is issued
acknowledging reliance on Professional Plan Certifications under
Section 13.2.3. or the building inspector requires the use of a
Structural Engineer of Record in the design of a Standard building
the fee payable shall be reduced by:
a.
Complex buildings - 20% up to a maximum of $1000;
b.
Standard buildings - 50% up to a maximum of $1000;
c.
Standard buildings, foundation only - 50% of the portion of
fees related to the foundation work calculated as follows:
Foundation Cost x Total Permit Fee x 50%
Total Building Cost
Part 13, Page 33
PART 13
- BUILDING
Division 4
- Issuance of Permits and Permit Fees
Subdivision 1 - Permit Fees (Continued)
5.
Commencement of Work without Building Permit - every person
who commences work requiring a building permit under this Part
without first obtaining such a building permit shall, if a stop work
notice is issued, pay double the fees set out in Schedule A to this
Part to obtain the required building permit.
6.
Cancellation of Building Permit Application - an application for a
building permit shall be cancelled if the owner has not paid the
remainder of the building permit fee within 180 days of written
notification to the owner that the building permit is ready to be
issued. When a building permit application is cancelled under
Section 13.4.1.6. the plans and related documents submitted with
the application may be destroyed.
7.
Refunds of Permit Fees - the owner may obtain a refund of the
permit fees set out in Schedule A to this Part when a permit is
surrendered and cancelled before any construction begins,
provided the refund shall not include the plan-processing fee.
8.
Re-Inspections -
a.
where more than one inspection is necessary to establish
compliance with the Building Code and this Part, for each
inspection after the first inspection, the owner shall pay the
re-inspection fee as set out in Schedule A to this Part
before each additional inspection is performed.
b.
notwithstanding Section 13.4.1.9.(a), the owner is not
required to pay a re-inspection fee where
multiple
inspections for framing and insulation in the same
building are required during the months of November
through March.
Subdivision 2 - Securities
13.4.2.
1.
Damage Deposit for Municipal Protection - before the owner is
issued a permit which proposes work of a value greater than
$10,000 that includes excavation or construction on lands abutting
a municipal highway, sewer, drain, water main or other municipal
property, the owner shall execute a "Damage Deposit" form and
deposit with the District the required security.
Part 13, Page 34
PART 13
- BUILDING
Division 4
- Issuance of Permits and Permit Fees
Subdivision 2 - Securities (Continued)
13.4.2.
2.
No Damage by Owners - every owner to whom a permit is issued
is responsible to ensure that no damage is caused to a municipal
highway, sewer, drain, water main or other municipal property
during the course of construction authorized by the permit, and if
such damage should occur, the owner shall promptly and
immediately repair the damage to the District's satisfaction, and if
the owner does not do so, the owner is responsible for the
District's costs to undertake repairs of that damage.
3
Use of Security - if the owner causes any damage to a municipal
highway, sewer, drain, water main, or other municipal property
which is not satisfactorily repaired by the owner, the District may
provide written "Notice to Owner" of the District's use of the
security and the District may repair the damage and use the
security to recover the District's costs of repairs.
4.
Insufficient Security - if the District's cost of repairs is greater than
the security provided, the owner shall pay the amount of the
insufficiency to the District forthwith upon receipt of the District of
Kitimat' s invoice for that amount.
5.
Return of Security - upon confirmation that municipal property has
not been damaged or, if damage has occurred, that it has been
satisfactorily repaired by the owner, the security shall be returned,
less any repair costs incurred, upon the issuance of an occupancy
permit for the building.
6.
Replacement of Security - in the event that the District uses the
security provided under Section 13.4.2.1. and the construction
authorized by the owner's permit has not been completed, the
owner must replace the security immediately upon request of a
building inspector. If the building inspector is of the opinion that
construction has proceeded to the point that any possibility of
damage to municipal works or property has passed. Replacement
security may be waived or amount reduced at sole discretion of the
building inspector.
Part 13, Page 35
PART 13
- BUILDING
Division 4
- Issuance of Permits and Permit Fees
Subdivision 3 - Issuance of Permits
13.4.3.
1.
Issuance of Permits - a building inspector shall issue a building
permit for which application has been made only after the following
requirements have been met:
a.
a completed application for a permit has been submitted
and all required supporting documentation, and the
contents are satisfactory to the building inspector;
b.
the proposed work set out in the application conforms with
the Building Code, this Division, and Part 9 of the Municipal
Code;
c.
the owner has paid all applicable permit fees and provided
all required security as set out in this Part;
d.
the owner has paid all charges and met all requirements
imposed by other Divisions and enactments in relation to
the issuance of a building permit;
e.
no covenant in favour of the District, agreement, enactment
or regulation prevents or prohibits the work, or requires the
permit to be withheld;
f.
the owner has retained an architect if required by the
provisions of the Architects Act;
g.
the owner has retained a professional engineer or
geoscientist if required by the provisions of the Engineers
and Geoscientists Act.
2.
Homeowner Protection Act - notwithstanding anything in this
Division, a building permit shall not be issued unless the building
inspector is provided with documentation required under the
Homeowner Protection Act.
3.
Expiry of Permit - every permit other than a demolition permit is
issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate when
TWENTY-FOUR (24) months have elapsed from the date of
issuance of the permit.
4.
Expiration of Demolition Permit - a demolition permit shall expire
SIX (6) months after the date of issuance.
Part 13, Page 36
PART 13
- BUILDING
Division 4
- Issuance of Permits and Permit Fees
Subdivision 3 - Issuance of Permits (Continued)
5.
Extension of Building Permit - when a permit has expired before
the work authorized by the permit has been completed, the owner
may obtain a TWELVE (12) month extension on the permit to
undertake or complete the work by paying an additional fee equal
to 25% of the original building permit fee. An extension will only be
granted once, thereafter a new building permit and the payment of
an amount equal to the original building permit fee are required.
Where construction has not actually commenced and the work
authorized by the permit would contravene Part 9 of Municipal
Code, the building inspector shall not grant an extension or issue a
new permit.
6.
Excavation Term Limit - when a site has been excavated for a
building authorized by a building permit, but no construction within
the excavation has been completed within SIXTY (60) days or the
building permit has expired, upon written notice from a building
inspector, the owner shall promptly fill in the excavation to restore
the original site gradient. In the event that the owner has not
undertaken the work required by the date specified on the written
notice from the District, the District may undertake the work at the
cost of the owner. The owner shall pay the cost forthwith upon
receipt of the District's Invoice.
7.
Permit Issuance Date - a building permit shall be deemed to have
been issued as of the date the permit was signed by the building
inspector.
Part 13, Page 37
PART 13
- BUILDING
Division 5
- Inspections and Field Reviews
Subdivision 1 - Professional Design and Field Review
13.5.1.
1.
The owner shall provide all Schedules A, B, C-A and C-B as set
out in Division C Part 2 of the Building Code where required by the
Building Code or under this Part.
Subdivision 2 - Inspections of Standard Buildings
13.5.2.
1.
Required Inspections - unless an owner has been required by the
building inspector to have a registered professional conduct field
reviews of the owner's standard building, every owner shall obtain
an inspection and acceptance of the following work (where
applicable for that building) at the following stages of construction:
a.
Footing Forms - footing forms, before concrete is poured;
b.
Foundation Forms - foundation forms before concrete is
poured, and for the purposes of acceptance of this work,
the owner shall provide clear evidence and marking of the
property line opposite each building corner to confirm the
required set back provided on the approved site plan. If the
Building Inspector requires, the owner shall obtain the
services of a suitable professional to provide a survey
certificate showing the form work meets the required set-
backs and provide a plan indicating the measurements to
building corners from property line;
c.
Pilings and Grade Beam - if applicable;
d.
Utility Services - services that are connected from the
District's utility system to the proposed dwelling being
constructed, before being covered. Connections to
Municipal
Services
are
to
be
completed
by
the
Municipality;
e.
Drainage Works - weeping tile, drain rock, and insulation
after damp proofing is completed and before backfilling;
f.
Underslab Plumbing - underslab plumbing prior to any
portion of the plumbing system being covered or
concealed;
Part 13, Page 38
PART 13 - BUILDING
Division 5 - Inspections and Field Reviews
Subdivision 2 - Inspections of Standard Buildings (Continued)
g.
Slab Seal - slab seal, including polyethylene sheeting
and/or insulation under the floor slab, before the concrete
is poured;
h.
Rough In Plumbing - rough in plumbing with both water
and sewer lines;
i.
Framing - framing which includes installation and
completion of structural framing, roofing, windows, doors,
wiring, heating systems, and fireplaces, before installation
of insulation, vapour barrier and interior wall finish, and for
this inspection, a copy of the roof truss drawings,
engineered beams and details regarding engineered floor
joist system design and layout, as applicable, shall be
available at the construction site;
j.
Insulation - insulation and vapour barrier, heating system
before interior wall finish is applied which would conceal the
work;
k.
Building Envelope - during installation process;
l.
Final Inspection - after completing construction, but before
occupancy or use.
2.
No Work Concealed - no aspect of the work referred in Section
13.5.2.1. shall be covered or concealed prior to performance of the
relevant inspection(s) and any required re-inspection(s).
3.
Work to be Uncovered - every owner shall, if required by the
building inspector, uncover work, remove construction materials
and do everything else necessary for the building inspector to
conduct an inspection under Section 13.5.2.1. of the Division.
4.
Owner Must Call for Inspections - The owner shall give at least
TWENTY-FOUR (24) hours notice to the building inspector of the
owner's request for an inspection and the District is not required to
undertake any inspection under this Division until requested by the
owner.
Part 13, Page 39
PART 13 - BUILDING
Division 5 - Inspections and Field Reviews
Subdivision 2 - Inspections of Standard Buildings (Continued)
5.
In the event that the owner has not requested an inspection that
was required by this Division, the work to be inspected was
covered or concealed, and the owner is not willing to uncover the
work, the building inspector shall not issue an occupancy permit
for the building unless a registered professional engaged by the
owner certifies in writing that the work fully complies with the
Building Code, this Division and the applicable building permit.
6.
Plans Available - an owner is not entitled to an inspection of work
under this Division unless a copy of the issued building permit and
all building plans are available at the site and the civic address is
clearly visible from the street.
Subdivision 3 - Professional Designed Building and Field Reviews
13.5.3.
1.
Requirement for Field Review Letters of Assurance - when a
registered professional provides letters of assurance required by
the Building Code or by the building inspector under this Division,
the registered professional must provide to the District copies of
field reviews undertaken by the registered professional and the
corresponding
letters
of
assurance
that
the
construction
substantially conforms to the design and that the construction
substantially complies with the Building Code, this part and other
applicable enactments respecting health and safety.
2.
Scheduled Field Reviews - the owner shall cause the registered
professional to perform field reviews and notify the building
inspector in advance of the date and time before field reviews are
being conducted at the following stages of construction of a
complex building:
a.
Upon completion of building footing, foundation forms, and
rebar;
b.
Prior to backfilling on-site services including water, storm
sewer and sanitary sewer;
c.
Upon completion of base plumbing, rough plumbing,
waterlines, and sprinkler systems;
d.
Upon completion of fire rating and stopping in fire
separations;
Part 13, Page 40
PART 13 - BUILDING
Division 5 - Inspections and Field Reviews
Subdivision 3 - Professional Designed Building and Field Reviews (Continued)
e.
Upon completion of insulation and vapour barrier; and
f.
Final inspection when an occupancy permit is sought.
Part 13, Page 41
PART 13
- BUILDING
Division 6
- Occupancy
Subdivision 1 - Occupancy Permits
Information Required Before Occupancy
13.6.1.
1.
Requirement for Occupancy - no person shall occupy a building or
structure or part of a building or structure until an occupancy
permit has been issued by a building inspector.
2.
Preconditions to Occupancy - an occupancy permit shall not be
issued unless:
a.
All letters of assurance and other required documents have
been submitted as required by this Part;
b.
All aspects of the work requiring inspection under this Part
have been inspected and accepted by the building
inspector;
c.
Any inspection by the Fire Department or the Fire Chief
and/or his designate that is required by the Fire Services
Act or any Division of the Municipal Code has been
satisfactorily performed.
3.
A building inspector may not issue an occupancy permit in respect
of a portion of a new building.
4.
Provisional Occupancy - a building inspector may issue a
provisional occupancy permit to the owner of a single or two family
dwelling where winter weather conditions have prevented the
completion of stucco or other exterior finishing, provided the
following conditions have been satisfied:
a.
The building exterior is in the opinion of the Building
Inspector sufficiently weatherproofed to prevent moisture
penetration for the duration specified in the Temporary
Occupancy Permit; and
b.
The owner requests, in writing, a Provisional Occupancy
Permit and provides a security in the amount of TWO
THOUSAND dollars ($2000) in respect of the owner's
obligation to complete the exterior of the building not later
than July 31 of the year immediately following the year in
which the Provisional Occupancy Permit was issued, and
the security shall be forfeited to the District if the work is
not so completed.
Part 13, Page 42
PART 13
- BUILDING
Division 6 - Occupancy
Subdivision 1 - Occupancy Permits (Continued)
13.6.1.
5.
A provisional occupancy permit may be issued by the Building
Inspector for a multi-family dwelling in a bare land strata
development where a Phased Strata Plan has not been filed with
the Approving Officers provided the following conditions have been
satisfied:
a.
The building is completed in all aspects including exterior
finish and life safety requirements;
b.
The developer provides a letter stating all remaining works
be completed with ONE year(1) of the occupancy;
c.
The developer posts a bond or certified cheque in the
amount of 1.25 times the value of the remaining works to
guarantee completion of works in the term provided or the
bond or cheque will be forfeited;
d.
Unrestricted, safe and suitable access to the building is
maintained;
e.
Any other requirements deemed necessary.
Part 13, Page 43
PART 13
- BUILDING
Division 7
- Notices and Enforcement
Subdivision 1 - Disclaimer of Warranty or Representation
13.7.1.
1.
Neither the issuance of a permit under this Part, the review and
acceptance of the design, drawings, plans or specifications for a
building or structure, nor inspections made by a building inspector,
shall constitute a representation or warranty that the Building Code
or this Part have been complied with or that the building or
structure meets any standard of materials and workmanship, and
no person shall rely on any of those acts as establishing
compliance with the Building Code or this part or any standard of
construction.
Subdivision 2 - Stop Work Notices
13.7.2.
1.
Building Inspector May Issue Notice - a building inspector may
order the cessation of any work that is proceeding in contravention
of the applicable permit, the Building Code, or this Part by posting
a Stop Work Notice.
2.
Work Must Stop - the owner of property on which a stop work
notice has been posted, and every other person working on site,
shall cease construction work immediately and shall not do any
work other than such work as the building inspector specifically
authorizes to be done to make the premises safe, until all
applicable provisions of the permit, the Building Code and this part
have been complied with and the Stop Work notice has been
rescinded in writing by a building inspector.
Subdivision 3 - No Occupancy Notices
13.7.3.
1.
Building Inspector May Issue Notice - where a person occupies a
building or part of a building before issuance of an occupancy
permit required by this Part, a building inspector may post a Do
Not Occupy Notice on the building or structure, or affected part of
it.
2.
Occupancy Must Cease - the owner of property on which a Do not
Occupy Notice has been posted, and every person who occupies
the building, shall cease occupancy of the building immediately
and shall not occupy it until all applicable provisions of the
applicable permit, the Building Code and this Part have been
complied with and the Do Not Occupy Notice has been rescinded
in writing by a building inspector.
Part 13, Page 44
PART 13 - BUILDING
Division 7 - Notices and Enforcement
Subdivision 4 - Penalties and Enforcement
13.7.4.
1.
An offence is committed against this Part by every person who:
a.
Commences
or
continues
any
construction,
alteration/renovation, reconstruction, demolition, removal,
relocation of any building or structure or plumbing system,
without a permit if a permit is required;
b.
Uses or occupies any building or structure without a permit
if a permit is required;
c.
Fails to comply with any of the terms or conditions of the
permit issued under this Division;
d.
Allows any act or thing to be done in contravention or
violation of this Division or any permit issued under this
Part;
e.
Fails to comply with any order or notice given under this
part; or
f.
Violates any of the provisions of this Part.
2.
Every person who commits an offence under this Part is liable
upon summary conviction to a fine not exceeding TEN
THOUSAND dollars ($10,000).
3.
Each day of any violation, contravention or breach of this Division
or a permit issued under it shall be deemed to be a separate and
distinct offence.
4.
The persons appointed to the job positions of titles under the
Municipal Code, Section 1.3.1 are designated as Bylaw
Enforcement Officers for the purposes of issuing tickets under this
Part.
5.
The words or expressions set forth in column 1 of the Municipal
Code, Section 1.3.2 designate the offence committed under the
Division Section Number appearing in Column 2 opposite the
respective words or expressions for the purposes of issuing tickets
under the Community Charter.
6.
The amounts appearing in Column 3 of the Municipal Code,
Section 1.3.2 are the fines set pursuant to the Community Charter
for the corresponding offences designated in column 1 for the
purposes of issuing tickets under the Community Charter
Part 13, Page 45
PART 13 - BUILDING
Division 7 - Notices and Enforcement
Subdivision 4 - Penalties and Enforcement (Continued)
7.
Nothing in this Division shall limit the District from pursuing any
other remedy that would otherwise be available for a contravention
of this Part.
Subdivision 5 - Severability
13.7.5.
1.
If any section, subsection, clause or phrase of this Part is for any
reason held to be invalid or illegal by a decision of any court of
competent jurisdiction, it shall be severable, and such a decision
shall not affect the validity or the remaining sections, subsections,
clauses or phrases of this Division.
Subdivision 6 - Section Headings
13.7.6.
1.
Section or subsection headings are inserted in this Part for ease of
reference and are not to be used in interpreting this Part.
Subdivision 7 - Schedules
13.7.7.
1.
Schedule A - Fees and Charges form part of this Division.
Part 13, Page 46
Kitimat Municipal Code, CONVENIENCE COPY. The District of Kitimat accepts no responsibility for errors or
omissions in this consolidation. A CERTIFIED COPY is available from the Municipal Clerk, District of Kitimat.
PART 13
- BUILDING
Division 8
- Building Construction and Demolition Waste
Subdivision 1 - Interpretation
13.8.1.
1. Unless otherwise specified, the following will apply to this Division.
District means the District of Kitimat
Division means Part 13, Division 8 of the Kitimat Municipal Code
Municipal Engineer means the Director of Engineering Services of the District of
Kitimat or their authorized representative
Owner means the owner or occupier of real property
Person has the same meaning as defined in the Interpretation Act
Solid Waste means discarded or abandoned materials, substances or objects
produced from the construction, renovation and demolition of buildings and other
structures
Subdivision 2 - Building Construction and Demolition Operations
13.8.2
1. No Person carrying out building construction or demolition operations shall:
a.
without the written permission of the Municipal Engineer, place or dump the
Solid Waste on any lane, street, walkway, sidewalk or any public place in
the District, or
b.
accumulate such Solid Waste on the premises where such building
construction or demolition operation is being carried out without having
obtained from the Municipal Engineer written terms specifying the terms
and time frame for disposing of such waste.
Part 13, Page 47
SCHEDULE A
BUILDING INSPECTION DEPARTMENT
Ph. 250-632-8900 Fax: 250-632-4995
DISTRICT OF KITIMAT
FEES AND CHARGES
Plan Processing
Detached Building <10m2
$35.00
New Standard Building
$150.00
New Complex Building
$250.00
Addition/Renovation Standard Building
$100.00
Addition/Renovation Complex Building
$200.00
Building Permit (per $1000 construction value accumulative)
Base Fee - up to $1000
$40.00
$1,001 to $100,000
$6.00
$100,001 to $1,000,000
$5.50
$1,000,001 to $2,000,000
$5.00
Over $2,000,000
$4.00
Plumbing Permit (min. $25)
5 Fixtures
$10.00
Each additional Fixture
$4.00
Low Pressure Septic System
$10.00
Fire Sprinkler Permit
Permit Fee
$50.00
Sprinkler Head
$.50
Demolition Permit
Basic Fee
$50.00
Fence Permit, Security Fence Permit, Deck & Shed Permits
A Shed or Deck
$40.00
Fence or Security Fence
$10.00
Solid Fuel Burning Appliance Permit
Basic Fee
$50.00
Re-Inspection
$50.00
Driveway & Parking
-
Areas 65m2 or less
$10.00
-
Areas > 65m2
See 13.1.4.4.3
Damage Deposit
New Standard Building
$1,000.00
Complex Building
$5,000.00
Demolition Permit (if required)
$1,000.00
Part 13, Page 48
SCHEDULE "A" Continued
PART 13 - Schedule A - Fees & Charges - 2020-03-17
Construction Trailer Complex
Fees
See Building Permit Fees
Deposit (per unit)
$1,000.00
Annual Renewal Fee (per unit)
$100.00
Construction Trailers
Fees (per unit)
$100.00
Deposit (per unit)
$1,000.00
Annual Renewal Fee (per unit)
$100.00
Part 13, Page 49