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TOWNOFLADYSMITH
BUILDING & PLUMBING BYLAW 2024, N0.2174
"Building & Plumbing Bylaw 2024, No.2174"
Page 2
Table of Contents
PART 1: INTERPRETATION.......................................................................................................^
Definitions........................................................................................................................................................^
Appendices..................................................................................................................................................... 11
Severability..................................................................................................................................................^ 11
PART 2: PURPOSE OF BYLAW..............................................................................................................^^ 11
PART 3: SCOPE AND EXEMPTIONS .................................................................................................... 12
Application...................................................................................................................................................^
Limited Application to Existing Buildings ............................................................................................. 13
PART 4: PROHIBITIONS........................................................................................................^
PARTS: PERMIT CONDITIONS.......................................................................................................^^
PART 6: POWERS OF A BUILDINGOFFICIAL................................................................................. 16
Administration................................................................................................................................................. 16
Refusal and Revocation of Permits .......................................................................................................... 17
Right of Entry...........................................................................................................^
Powers........................................................................................................................................................... 17
PART 7: OWNER'S RESPONSIBILITIES............................................................................................... 18
Pernnit Requirements..................................................................................................................................... 18
Owner's Obligations...................................................................................................................................... 19
Damage to Municipal Works...................................................................................................................... 20
Demolition....................................................................................................................................................^
Notice..............................................................................................................^^
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR............................................................ 22
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES................................................. 22
Professional Design and Field Review.................................................................................................... 22
Requirement for a Registered Professional......................................................................................... 23
Professional Plan Certification .................................................................................................................24
Certified Professional Program................................................................................................................ 25
PART 10: BUILDING APPLICATION REQUIREMENTS............................................^^^^^
"Building & Plumbing Bylaw 2024, No.2174"
Page3
Requirements Before Applying for a Building Permit..................................................................... 28
Building Permit Applications for Complex Buildings....................................................................... 29
Building Permit Applications for Simple Buildings........................................................................... 31
Site and Location Information................................................................................................................... 34
Perrnit Fee.......................................................................................................................................................^
Damage and Security Deposits with Permit Applications............................................................. 35
Perrriit Fee Refunds........................................................................................................................................ 36
Design Modification....................................................................................................................................... 37
Construction Before Permit Issued......................................................................................................... 37
Expiration of Application for a Permit.................................................................................................... 37
Issuance of a Permit....................................................................................................................................... 37
Partial Construction....................................................................................................................................... 39
Conditions of a Building Permit................................................................................................................. 40
Inspections....................................................................................................................................................^
Stop Work Order...............................................................................................................^
Do Not Occupy Notice.................................................................................................................................. 44
Inspection and Other Fees.......................................................................................................................... 44
Permit Expiration............................................................................................................................................ 45
Pernnit Extension............................................................................................................................................. 45
Perrriit Revocation.......................................................................................................................................... 45
Permit Cancellation....................................................................................................................................... 46
Occupancy....................................................................................................................................................^
Temporary Buildings..................................................................................................................................... 48
Sanitary Facilities............................................................................................................................................ 50
PART 11: RETAINING WALLS ANDGRADES................................................................................... 50
PART 12: BUILDING MOVE............................................................................................................^^
PART 13: NUMBERING OF BUILDINGS............................................................................................. 51
PART 14: POOLS............................................................................................................^
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION....................... 53
PART 16: ACCESS ROUTES FOR FIRE VEHICLES................................^^^^^^
"Building & Plumbing Bylaw 2024, No.2174"
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PART 17: OFFENCES............................................................................................................^
Violations...............................................................................................................................................^
Deemed Offence............................................................................................................................................. 55
Ticketing...................................................................................................................................................
PART 18: REPEAL..........................................................................................................^
PART 19: TITLE.............................................................................................................^
Appendix A - Value of Work ...................................................................................................................... 57
Appendix B - Confirmation of Professional Liability Insurance.................................................. 58
Appendix C - Confirmation of Required Documentation.............................................................. 60
Appendix D - Zoning Summary................................................................................................................. 62
Appendix E - Spatial Calculations considering the Fire Department Response Time and
Access Route Information for Fire Vehicle Standards.................................................................... 63
"Building & Plumbing Bylaw 2024, No.2174"
Page 4
TOWN OF LADYSMITH
BYLAW NO. 2174
A Bylaw to administer the Building Code and
regulate Construction
The Council oftheTownofLadysmith in open meeting assembled enacts "Building &
Plumbing Bylaw 2024, No. 2174" asfollows:
PART 1: INTERPRETATION
Definitions
1.1 In this bylaw
accepted means reviewed by the building official under the applicable provisions
of the building code and this bylaw;
addition means an a/terat/'onto any building\N\\\c\\ will increase the total
aggregate floor area or the building heighten storeys), and includes the
provision of two or more separate buildings\N\t\} 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\NY\o maybe granted a perm/tfor work within the limitations of
his or her licence;
alternative solution means an alternative solution authorized under the building
code;
a/teration means a change, repair or modification of the construction or
arrangement of or use of any buildingor structure, or to an occupancy
regulated bythisbylaw;
BC Energy Step Code means the system of energy performance requirements
"Building & Plumbing Bylaw 2024, No.2174"
Page5
set out in subsections 9.36 and 10.2.3 of the building code;
BC Zero Carbon Step Code means the greenhouse gas (GHG) emission
requirements set out in subsections 9.37 and 10.3 of the building code;
BuildingAct means the Building ActSBC 2015, c.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 of ficial means the person designated in or appointed to that position by
the Town, and includes a building inspector, plan checker, plumbing inspector,
gas inspector, or electrical inspector designated or appointed by the Town, and
for certainty the building officials the "building inspector" referred to in the
Community Charterand Local Government Act;
Certified Professional means a registered professional\N\\o has taken and passed
the Certified 'Professional 'Course and has been recognized as a Certified
/5/-o/e^5/b/73/by either The Architectural Institute of British Columbia or
Engineers and Geoscientists British Columbia;
Certified Professional Course means the program administered by the
Architectural Institute of British Columbia for the sole purpose of training and
certifying Certified Professionals;
Certified Professional Program means the alternative process for obtaining a
perm/tand related occupancy perm/tunder this bylaw;
complex building means:
(a) a buf/d/ngused for a major occupancyc\ass\f\ed as:
(i) assembly occupancy;
(i i) care occupancy;
(i j i) detention occupancy;
(iv) high hazard industrial occupancy;
"Building & Plumbing Bylaw 2024, No. 2174"
Paged
(v) treatment occupancy; or
(vi) post-disaster build ing,
(b) a bu/7cf/'ngexceed\ng, 600 square metres in building areaor exceeding three
storeys in building he/'ghtused for a major occupanc/c\assWed as:
(i) res id en tial occupancy;
(ii) business and personal services occupancy;
(iii) mercantile occupancy; or
(iv) medfumand low hazard industrial occupancy,
coordinating registered professional means a registered professional retained
pursuant to the building codeto coordinate all design work and field reviews of
the registered professionals required for a development;
Coundf means the Council of the Town of Ladysmith;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
construction hoist means a machine designed for the safe and controlled vertical
transport of materials or persons consisting of a guiding and supporting structure
and equipment that is not a permanent part of a building, structure, or other work
and that is installed and used during construction, alteration, or demolition;
constructor means a person who constructs;
CP Guide means the Certified Professional Program Practice and Procedure
Manuel published jointly by The Architectural Institute of British Columbia and
Engineers and Geoscientists British Columbia;
Energy Advisor means a consultant registered by a Service Organization licensed
by Natural Resources Canada (NRCan) to deliver NRC's EnerGuide Rating
Systems;
Engineers and Geosdentists Act means the Engineers and Geoscientists Act RSBC
1996, c. 116;
"Building & Plumbing Bylaw 2024, No.2174"
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existing, in respect of a building, means that portion of a building constructed 'prior
to the submission of a per/77/^application required under this bylaw;
Fees and Charges Bylaw means the Town of Ladysmith Fees and Charges Bylaw,
as amended or replaced from time to time;
Fire Chief means the person appointed by Councils head of the Fire Department,
and includes a person:
a) designated by Counc/'/to act in the place of the Fire Chief;
b) who, for the purposes of a local assistant under the Fire Services Act, is
authorized in writing by the Fire C/i/efto exercise the powers of a local
assistant;
c) appointed by Councils the Deputy Fire Chief;or
d) for the purposes of exercising the powers of the Fire Cfi/'efunder section
66 of the Community Charter, who is acting under the authority of the
Fire Chief;
foundation means a system or arrangement of foundation ^ units through which
theloads from a buildingwe transferred directly to supporting so/'/or rock and
includesany portion of the exterior walls of a bu/'/d/ngthat lie below the
finished grade immediately adjacent to the building;
GHG means greenhouse gas;
hazard means any source of potential damage, harm or adverse health effects on
something or someone;
hazardous material means a chemical or substance that is classified as a physical
hazard material or a health hazard material, whether the chemical or substance is
in usable or waste condition;
Hazardous Materials Survey Report means any and all studies, reports, analyses,
information, or other written records regarding the presence or absence of
hazardous material^, on, in, under or relating to the property;
"Building & Plumbing Bylaw 2024, No.2174"
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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 2in relation to Parts 3 through 10, Division B;
owner means the registered ownenn fee simple, or an agentdu\\/ authorized by
the ownenn writing in the form prescribed by the building official;
permit means permission or authorization in writing by the building of ficial\.o
perform work regulated by this bylaw and, in the case of a final inspection notice,
to occupya buildingov part of a building;
poo/ 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 poo/and hot
tub;
portable means easily capable of being moved from place to place;
professional design means the plans and supporting documents bearing the date,
seal or stamp, and signature of a registered professional;
Professional Governance Act means the Professional 'Governance ActSQC 2018, c.
47;
project means any construction operation;
registered professional means a person who is registered as an Architect with the
Architectural Institute of British Columbia under the Professional Governance
Act, or a person who is registered as a professional engineer or professional
licensee engineering with the Association of Professional Engineers and
Geoscientistofthe Province of British Columbia under the Professional
Governance Act;
retainfngwa/J means a 5-^/-yc^/-eexceeding 1.2 metres in height that holds or
retains sof/or other material behind it;
simp/e building means a building of three storeys or less in building height, having
a building areanot exceeding 600 square metres and used for a major occupancy
classified as
"Building & Plumbing Bylaw 2024, No.2174"
Page 9
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; of
(e) low hazard industrial occupancy,
so/ar thermal technology means systems that harness and collect solar energy to
generate electricity or water heating and are affixed permanently to a buildingor
structureor are incorporated as part of the buildingsor- structures energy or
plumbing systems;
storage rack means any combination of vertical, horizontal, and diagonal members
that supports stored materials over 2.4m in height which may be affixed or
portab/eand is intended to be loaded by machinery;
structure means a construction or portion of construction, of any kind, whether
fixedto, supported by or sunk into land, except landscaping, fences, paving and
retaining structures\ess than 1.2 meters in height;
temporary building includes a sales office, special events facilities, emergency
facilities, construction office or a structures which tools are stored during
construction of a buildingor other structure;
tower crane means a free-standing machine designed for the safe and controlled
vertical and horizontal transport of materials that is erected on site from
component parts or that is self-erecting and is used during construction,
alterationov demolition;
value of the work means that amount that is calculated as follows:
(a) for construction of a building containing a residential occupancy ^ that is
served by only one stove, or two stoves if permitted as an auxiliary and
secondary residential occupancy, the greater of
(i) the declared value of the work;ox
(ii) the value calculated usingAppendixA;or
"Building & Plumbing Bylaw 2024, No.2174"
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(b) for all other construction, the greater of
(i) the declared value of the workbssed on the Architect's Estimate;
or
(ii) the value calculated using a method stipulated in the "Marshall
Valuation Service".
WorkSafeBC's Occupationa/ Health and Safety Regulation means the Occupational
Health and Safety Regulation adopted under the authority of the Workers
Compensation ActRSBC 2019 c.l.
1.2 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, limiting distance, low
hazard industrial occupancy, major occupancy, medium hazard industrial
occupancy, mercantile occupancy, occupancy, plumbing system, post
disaster occupancy, private sewage disposal system, residential
occupancy, sanitary drainage system, treatment occupancy or unsafe
condition;
(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.
1.3 Every reference to this bylaw in this or another bylaw of the Town is a
reference to this bylaw as amended to the date of the reference.
1.4 Every reference to
(a) the building code is a reference to the current edition as of the date of
issuance ofthe perm/'t;and
"Building & Plumbing Bylaw 2024, No.2174"
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(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
totime.
1.5 Definitions of words and phrases used in this byiawthat are not included in the
definitions in this Part have the meanings commonly assigned to them in the
context in which they are used in this bylaw, considering the specialized use of
terms with the various trades and professions to which the terminology
applies.
Appendices
1.6 Appendices A through E are attached to and form part of this bylaw.
Severability
1.7 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 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 Town, in the public interest.
2.4 The purpose of this bylaw does not extend to
(a) the protection of owners, cfes/gnersor constructorsfrom economic loss;
(b) the assumption by the Town orany bu/7c//ngoff/c/a/ofanyrespons'\b'\\\tyfor
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;
"Building & Plumbing Bylaw 2024, No.2174"
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(c) providing any person a warranty of design or workmanship with respect to
any buildingor structure^or which a permits issuedunder this bylaw;
(d) providing any person a warranty or assurance that construction
undertaken under permits issued by the Town is free from latent, or any,
defects; or
(e) the protection of adjacent real property from incidental damage or
nuisance.
PARTS: SCOPE AND EXEMPTIONS
Application
3.1 This bylaw applies to the geographical area of the Town and to land, the surface
of water, air space, buildings or structures'^ the Town.
3.2 This bylaw applies to the design, construction or occupancyof new buildingsor
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) except as set out in Part 11 [Retaining Walls} of this bylaw, a fence;
(b) an accessory buildingw'A\\ a floor area of less than 10 square metres that
does not create an unsafe condition;
(c) a trellis, an arbour, a wall supporting so//that is less than 1.2 metres in
height or other similar landscaping;
(d) an open roof pergola with no roof membrane including glass;
(e) a building or structure commonly known as "Canadian Standards
Association Z240 MH series, Z241 series or A277 series", except as
regulated by the buildingcode;
(f) a floating building or structure, including boathouses, float homes,
liveaboards, docks and marinas;
(g) a marine structure, whether floating or affixed to the seafloor, including to
pilings, piers, breakwaters, docks, wharves, and mooring devices;
"Building & Plumbing Bylaw 2024, No.2174"
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(h) unenclosed, decks or patios which are less than 0.6 metres from the
ground, which are not affixed to a foundation, or any structural member of
a structureor buf'/d/ngand do not serve as a means of egress;
(i) children's play equipment;
(j) a hot tub with a locking lid that is placed on the ground or an elevated
platform not more than 0.3 metres from the ground;
(k) landscaping structures including boardwalks and elevated walking
platforms, commonly built in addition to landscaped trails which do not
serve as a means of egress and are built for the purpose of recreation;
(I) a temporary detached tent measuring to a maximum of 25 square meters
in floor area and six meters in height; and is anchored to the ground in a
location approved by the building official and in accordance with the
manufacturer's recommendations;
(m) temporary construction for the purposes of filming for which a valid film
perm/'thas been issued pursuant to Town of Ladysmith Film Bylaw 2021,
No.2045;and
(n) routine repair of plumbing systems or non-structural features of a building
or structure.
Limited Application to Existing Buildings
3.4 Except as provided in the building codeor to the extent an existing buildings
under construction or does not have an occupancy permit, when an existing
building has been constructed before the enactment of this bylaw, the
enactment of this bylaw 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 orstatute.
3.5 This bylaw applies if the whole or any part of an existing building \s moved
either within or into the Town, including relocation relative to parcel lines
created by subdivision or consolidation. Part 12 applies to bu/'/d/'ngmoves.
3.6 If an alteration is made to an existing buildingt\}e. 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
"Building & Plumbing Bylaw 2024, No.2174"
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necessary to addresses any new infractions introduced in the remainder of
the buf'/d/ngas 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
buf/cf/ngmust be madeto comply with this bylaw and the buildingcode, but only
to the extent necessary to address any new infractions introduced in the
remainder of the buildings a result of the alterationor addition.
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's issued a valid and subsisting perm/'tfor the
work under this bylaw.
4.2 A person must not occupy or perm/'tthe occupancyof any buildingov structure
or partof any buildingor structure
(a) unless a subsisting final inspection notice has been issued by a building
official^ov the buildingor structure or the part of the buf/d/ngor structure;
or
(b) contrary to the terms of any yoe/777/^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 plansand supporting documents which have been filed for reference
with the building off/'c/'a/after a perm/thas been issued.
"Building & Plumbing Bylaw 2024, No. 2174"
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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 buildingov structure pursuant to this bylaw.
4.6 A person must not do any work that is substantially at variance with the
accepted6es\gn or plans of a building, structure or other works for which a
perm/'thas been issued,unless that variance has been authorized in writing by
a build ing official.
4.7 A person must not interfere with or obstruct the entry of a building official or
other authorized official of the Town 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 thepublic /i/'g/iwayfrom which it takes its address.
4.9 A person must not contravene an administrative requirement of a building
off/'cfa/made under section 6.6 or any other provision of this bylaw.
4.10 A person must not change the use,occupancyor both of a buildingo\- structure
or a part of a buildingov structure without first applying for and obtaining a
permftwder this bylaw.
PARTS: 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 Town will in anyway
(a) relieve the owner(ar\6 if the ownens acting through an agent,i\\e agentof
the owner) from full and sole responsibility to perform the work in respect
of which the perm/'twas 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
"Building & Plumbing Bylaw 2024, No.2174"
Page 16
(c) constitute a representation or warranty that the building or structure
meets any standard of materials or workmanship.
5.3 A person shall not rely on any/7e^/77/^as establishing compliance with this bylaw
or assume or conclude that this bylaw has been administered or enforced
according to itsterms.
5.4 Without limiting section 5.2(a), it is the full and sole responsibility of the owner
(and if the owner'\s 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 buildingcode, this bylaw and all other applicable codes,
standards and enactments.
PART 6: POWERSOFABUILDINGOFFICIAL
Administration
6.1 Words defining the authority of a building official 'are 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 buildingov structure
complies with the requirements and provisions of this bylaw and the
building code; and
(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'sso\e 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.
"Building & Plumbing Bylaw 2024, No.2174"
Page 17
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 Town, and must state the reason in writing.
6.4 A building of TTc/3/may revoke a permit'^, in their opinion:
(a) the results of tests on materials, devices, construction methods, structural
assemblies or foundation condition contravene the building code or the
provisions of this bylaw;
(b) the applicant has not obtained additional permits required under this
bylaw or another enactment of the Town; or
(c) the applicant has not obtained additional permits required under an
enactment of the provincial or federal government that relate to safety.
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
arebeingmet.
Powers
6.6 Subject to applicable enactments, a building of '-fjciai '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 ownerto 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 Town or other applicable
enactments, or if there is deemed to be a 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 okwerto 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;
"Building & Plumbing Bylaw 2024, No.2174"
Page 18
(d) an ownerto remove any buildingor structure, or any part of a bu/'/dmgor
structure, constructed'^ contravention of a provision of this bylaw;
(e) an ownerto have work inspected by a building of T/'CAS/prior tocovering;
(f) an ownerto uncover any work that has been covered without inspection
contraryto 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'^ any unsafe condition exists because of
work being undertaken but not complete and where the building official
has not issued a final inspection notice for the work;
(i) an ownerto correct any unsafe concf/'t/on;and
(j) an owner to correct any work that contravenes this bylaw, the building
code, orany other enactment.
6.7 Every reference to "owner"\\\ 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.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1 Subject to Part lOof this bylaw, every oi^/permust apply for and obtain:
(a) a building permit before constructing, repairing or altering a building or
structure, including a pool, storage rack or retaining wall, or when any
change in class of occupancyor use occurs;
(b) a building permit before beginning any excavation deeper than 1.2m in
connection with the construction, repair or alteration of a building or
structure;
(c) a occupancy permit before occupying a new buildingov structure;
"Building & Plumbing Bylaw 2024, No.2174"
Page 19
(d) a plumbing permit before installing, repairing or altering any plumbing
^y^te/T? including fire suppression systems;
(e) a building permit before constructing a masonry fireplace, or installing a
wood-burning appliance or chimney, within or attached to a building or
structure;
(f) a building permit before constructing and installing solar thermal
technologyo\\ a buildingo'c structure;
(g) a demolition permit before demolishing a buildingov structure;
(h) a buf/d/'ngmov'mg permftbefore moving a bu/'/dfngto any property;
(i) a driveway access permit before constructing a driveway; and
unless the works are subject of another valid and subsisting permit.
7.2 Every cw/?e/"must ensure that plans submitted with a pe/7??/';(-applicatjon bear
the name, phone number, address and email address of the designer of the
buildingov structure.
7.3 An application for any permit under this bylaw shall be made in the form
prescribed by the building official, as amended from time to time, and signed by
the owner, or signing officer if the ownens a corporation.
Owner's Obligations
7.4 Every ownermust
(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 orthe 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 we available at the site of the
work for inspection during working hours by the building official, and that
all perm/tsare posted conspicuously on thesite during the entire execution
of the work; and
(c) prior to the issuance of a permit, execute and submit to the Town an
"Building & Plumbing Bylaw 2024, No.2174"
Page 20
owner's undertaking in the form prescribed by the building official, where
required by the building official.
7.5 Every ownerand every owner's agent, must carry out construction or havethe
construction carried out in accordance with the requirements of the building
co£/e,this bylaw and other bylaws of the Town 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^^ 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.
7.6 Every ownermust allow a building officialto enter any buildingor premises at
any reasonable time to administer and enforce this bylaw. Every owner to
whom a permits issued must, during construction,
(a) post the civic address on the property so that it may be easily read from the
public/7/^/714/ayfrom which the property takes its address;
(b) postthe permiton the property so that it may be easily read from the public
fi/'ghwayfrom which the property takes its address;
(c) provide suitable access to all areas in accordance with WorkSafeBC's
Occupational Health and Safety Regulation to allow a building official 'to
conduct an inspection away from any potential unsafe condition; and
(d) when requested by a building official prior to any inspection, provide
documentation including a Notice of Project, Hazardous Materials Survey
Report, Clearance Letter, Post Abatement Inspection Report, Asbestos
Abatement Licence registered with WorkSafeBC, Environmental Soil
Sampling or a registered professionals field review speaking to an area or
element considered to be a potential unsafe condition^ a building official.
7.7 No inspections listed within section 10.36 will be conducted by a building
official unless all of section 7.6 has been completed to the satisfaction of a
building official.
Damage to Municipal Works
7.8 Every ownerto whom a permits issued is responsible for the cost to repair any
damage to municipal works or /andthat occurs during and arises directly or
"Building & Plumbing Bylaw 2024, No.2174"
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indirectly fromthe work authorized by the permit.
7.9 In addition to payment of a damage or security deposit under sections 10.8 to
10.12, every owner must pay to the Town, within 30 days of receiving an
invoice for same from the Town, the cost to repair any damage to public
property or works located on public property arising directly or indirectly from
work for which a perm/twas issued.
Demolition
7.10 Prior to obtaining a permitto demolish a building or structure, the oi/we/must
(a) provide to the Town a vacancy date;
(b) if requested by the building official prior to any inspection, provide a
building official with a Hazardous Materials Survey Report that must
identify all potential hazardous materials that may be disturbed or
removed during the demolition process;
(c) pay capping and inspection chamber installation fees as set out in the
Town's bylaws governing waterworks and sewer; and
(d) ensure that all municipal services and other services are capped and
terminated atthe property line in a Town standard inspection chamber and
valve arrangement.
7.11 Every ownermust 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 gradingare not possible.
Notice
7.12 Every ownermust give written notice to a building of ficialo^ any change in or
termination of engagement of a registered professional, including a
coordinating registered professional, during construction, within 24 hours of
when the changeor termination occurs.
7.13 If an owner or a registered professional terminates the engagement of a
registered professional, including a coordinating registered professional, the
cw/7e/-mustterminate all work under a permit until the oiw?e/-has engaged a
new registered professional, including a coordinating registered professional,
and has delivered to a building official 'new letters of assurance.
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7.14 Without limiting sections 10.32 to 10.50, every owner must give at least 48
hours'telephone or written notice to a building official
(a) of intent to do work that is required or ordered to be corrected during
construction;
(b) of intent to cover work that is required under this bylaw to be, or has been
ordered to be, inspected prior to covering; and
(c) when work has been completed so that a final inspection can be made.
7.15 Every ownermust give notice in writing to a bu/7dfngoff/c{'a/\mmed\ate\y upon
any change in ownership or change in the address of the oiv/pe/'which occurs
prior to the issuance of an occupancy permit.
7.16 Every owner must give such other notice to a building official as may be
required bythe building official or by a provision of this bylaw.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1 Every constructormust ensure that all construction is done in compliance with
all requirements of the building code,W\s bylaw and all other applicable, codes,
standards and enactments.
8.2 Every constructormust ensure that no excavationor other work is undertaken
on public property, and that no public property is disturbed, no building or
structure erected, and no materials stored thereon, in whole or in part, without
first having obtained approval in writing from the appropriate authority over
such public property.
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 ownerto the Town of letters of assurance in accordance
with the requirements of the buildingcode shall occur priorto
(a) the pre-occupancy site review coordinated by the coordinating registered
professional 'or other registered profess/'ona/for a complex building, or
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(b) a final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of the
building code, in which case the ownermust provide the Town with letters of
assurance in the form ofSchedules 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 officials the form and amount set by Appendix B to
this bylaw.
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 perm/taw\\cat\on:
(a) prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional^ a complex building,
or
(b) prior to a final inspection for a simple building'm circumstances where letters
of assurance have been required in accordance with the requirements of the
building code, in which case the ownermust provide the Town 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 simple buildings and additions greater than 55 square
metresto simple buildings in accordance with the building code;
(d) a bu/'/cffngthat is designed with common egress systems for the occupants and
requires the use of firewalls'^ accordance with the buildingcode;
(e) prior to alterations to a building, or to a structural component of a building
described in paragraph (b);
(f) for a building'm 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;
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(g) if the bu//c//ngen\/e\ope components of the bu/7d/ngfa\\ 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 9ofthe building code; and
(h) for a parce/of land on which a buildingor structure is proposed if the building
official believes the parcels 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 Divisions of Part 3 of the Community Charter
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parce/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
Town.
9.4 The building of Ty'c/^/may require any registered professional carry ing out the
professional design and field review required under section 9.3 to provide
evidencethatthey have experience and expertise in respect of the professional
des/'gnar\d field' reviewed t\\e context and scope required.
Professional Plan Certification
9.5 The letters of assurance in the form of Schedules A and B as referred to in
subsection 2.2.7, Division C, of the buildingcode referred to in sections 9.1 and
9.3 are relied upon by the Town and its Z?t//7(y/77^o/77c/3/?as certification that the
design and plans to which the letters of assurance refer comply with the
^/7c//>?^-coofe, this bylaw and other applicable enactment.
9.6 Letters of assurance must be in the form of Schedules A and B referred to in
subsection 2.2.7, Division C, of the building code.
9.7 For a building permit issued for the construction of a complex building, the
building of T/'c/'a/shall provide the cw/?e/-with a notice that the building permits
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
"Building & Plumbing Bylaw 2024, No.2174"
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enactments. Any failure on the part of the building off 7c/a/to provide the owner
with the notice will not diminish or invalidate the reliance by the Town or its
buildingofficialso\\ the registered professionals.
9.8 If a permit is issued for a construction requiring a Schedule A or B from a
coordinating registered 'professional 'or registered professional, the perm/'tfee
is reduced by 5% of the fees payable under the Fees and Charges Bylaw, up to
a maximum reduction of $500.00.
9.9 The reduction in fee shown in 9.8 shall not be refunded to the owner if the
Schedule A or B is submitted to the building official after the permits issued.
Certified Professional Program
9.10 If an owner elects to apply for a permit under the Certified Professional
Program at the owner's expense, then 9.11 to 9.18 applies to the design and
construction of the building or structure, in addition to the other provisions of
this bylaw.
9.11 When a building official deems an inordinate amount of building permits
applications have been received such that the Town does not have capacity to
review all active applications in a timely manner, a building official 'may accept
in its discretion an application for a permit under the Certified Professional
Program, provided that:
(a) the bu/'/d/'ngdocument plans have been reviewed by the Certified Professional
for compliance with requirements of the building code;
(b) the permit application has been prepared in accordance with the CP Guide,
Town bylaws and applicable enactments, and includes all required letters of
assurance, and any required confirmations requested by the building official
with respect to the development and building code coordination; and
(c) proof of insurance for the Certified Professional has been provided in
accordance with the requirements set out in Appendix B.
9.12 A building of :ficial 'may suspend a registered professional 'from practicing as a
Certified Professionals the Town if the registered professional:
(a) is no longer licensed as a registered professional 'in the Province of British
Columbia;
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(b) submits any required documentation requested by the building official, which
is in any material way inaccurate or misleading;
(c) fails to notify the building of 'f/'c/a/m a timely manner of any significant known
unresolved contraventions of the building code or permit requirements;
(d) fails to perform any duties or obligations required by this bylaw; or
(e) fails to maintain the insurance as set out in the Appendix B.
9.13 A Cert/'f/edProfess/ona/must, in respect of the developmentforwhich a permit
was issued under the Certified Professional Program, and in addition to any
other applicable responsibilities:
(a) comply and carry out the duties of a Certified Professional, including the duties
and obligations of a Certified Professionals^ out in the CP Guide;
(b) advise the building official, in writing, if any matter of design, construction or
field revfewdoes not meet the requirements of the building code;
(c) at least once every 30 days from the date of issuance of a permit, submit to the
building official 'a written progress report; and
(d) advise the building official promptly, in writing, if the Certified Professional
ceases to be retained by the owner, resigns or is otherwise unable or unwilling
to carry out field reviews or other duties related to the development.
9.14 The building official 'may post a stop work order notice inthe form prescribed
by the building official on the premises or revoke a perm/tunder the Certified
Professional Programs any of the following circumstances:
(a) if the Certified Professional ceases to be retained by the owner, resigns or is
otherwise unable or unwilling to carry out/7'e/of/"ew'eM/5or other duties related
to the development for which a permit was issued under the Certified
Professional Program;
(b) if the Certified Professionals no longer licensed as a registered professionals
the Province of British Columbia or is suspended from practicing as a Certified
Professionals the Town pursuant to 9.12;
(c) if the Certified Professional's to perform any of their duties or obligations
under this bylaw; or
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(d) if a document required by this bylaw or under the Certified Professional
Program is not delivered by the Certified Professional within the time frame
specified in this bylaw or as required by the building official.
9.15 Where a stop work order has been posted or where a permit is revoked
pursuant to 9.14, the oiwpershall comply with 10.42 to 10.47 of this bylaw, and
work on the development must not resume until the building official has
received written notice from a Certified Professional that a Certified
Professional:
(a) has been retained by the owner for the continuation of construction of the
buildingoT structure;
(b) has reviewed the building or structure and confirmed that the building or
structure, as constructed up to that point, substantially complies with the
building code, and has been constructed in accordance with the approved
plans; and
(c) will carry out the duties of the Certified Professional^}^, we Ye-OiWed in order
to bring the building or structure \.o completion and to certify substantial
compliance with the A^/7(y/>7^co^e, this bylaw and other applicable enactments
and that construction will be in accordance with the previously approved plans.
9.16 Nothing in 9.11 to 9.18 in any way relieves the ownerfrom full responsibility
for ensuring that a Ce/";t/'/7'ec//;>/-o/e55'/b/7<3/is engaged during construction of the
building or structure, and that the building or structure is in substantial
compliance with the A^/7c///7^coc/e, this bylaw and other applicable enactments.
9.17 Where the building official accepts a permit application and letters of
assurance from a Certified Profess/'ona/for a development, the building official
will rely on the letters of assurance issued by the Certified Professional 'and
other registered professionals:
(a) that the drawings meet the requirements of the building codefor the issuance
of a perm/'twder this bylaw; and
(b) that the construction substantially conforms to the design, plans and
specifications and that the construction complies with the building code and
this bylaw for the issuance of an occupancy permit under this bylaw.
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9.18 Every provision of this bylaw and the building cocfethat applies to a registered
professional 'also applies to a Certified Professional.
9.19 The following notice shall be included on a perm/tthat is issued in reliance of a
Certified Professional Program:
"This permit is issued relying on an independent review by a Certified
Professional, "INSERT NAME" of "INSERT NAME OF COMPANY; who has
indicated in writing that the pe/'/TP/^application in its entirety complies with the
building cocfe,th'\s bylaw and other applicable enactments respecting safety of
the buildingor structure."
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 oiweymust apply for and obtain a development permit'^ the building
or structures in an area designated by the Town's Official Community Plan
asa development perm/'tarea;
(b) the ownermust ensure that the proposed buildingor structure complies
with all bylaws of the Town, 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 oi4//7e/-must provide evidence to the building of '/y'c/a/showing that the
person applying for the building permits 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) the parce/that is the subject of the building permit application must be
connected to the Town's sewage disposal system, or the ownermust apply
"Building & Plumbing Bylaw 2024, No.2174"
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for and obtain approval from the Town and other applicable public
authorities for an alternate private sewage disposal system;
(f) the parce/that is the subject of the building permit application must be
connected to the Town's waterworks system, or the ownermust apply for
and obtain approval from the Town and other applicable public authorities
for an alternate water supply system;
(g) the parce/that is the subject of the building permit ^ must be connected to
the Town's storm water drainage system, or the ownermust apply forand
obtain approval from the Town and other applicable public authorities for
the alternate storm water drainage and detention system;
(h) if the parce/that is subject to a building perm/'tdoes not have constructed
works and services on their frontage to service the parcel, the ownermust
pay for or constructs^ their expense all required works and services in
accordance with the Towns relevant bylaws.
Building Permit Applications for Complex Buildings
10.2 An appl ication for a building perm/twth 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 ownens a corporation;
(b) be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form prescribed by the building o/ 'f/'c/'a/and signed
by the owner, ora signing officer if the ownens a corporation;
(c) include a copy of a title search for the relevant property made within 30
daysofthedateofthe/7e/7/7/^application;
(d) include a building code compliance summary under the applicable edition
of the building code, such as without limitation whether the buildings
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, firewalk and facilities;
(e) include a copy of a survey plan with information shown in Appendix D
prepared by a British Columbia Land Surveyor;
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(f) include a site plan prepared by a registered professional in format
prescribed by the building official;
(g) 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;
(h) include two cross-sections through the building or structure in sufficient
detail and locations to illustrate foundations, drainage, ceiling heights and
construction systems;
(i) include elevations plans of all sides of the buildingor structure show ing
finish details, roof slopes, windows, doors, and spatial separation
calculations as set out in Appendix E to comply with the building code and
to illustrate that the building ov structure conforms with the Town zoning
bylaw and development permit. Elevations plans shall include geodetic
elevations calculated in conformance with the Town zoning bylaw that
show natural and finished grade, building height, maximum permitted
building height, height of eaves, and mid-point between eaves and peak of
a sloping roof;
(j) include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the building
code;
(k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6,
2.2.8 and 2.2.9, Division C of the building code;
(I) include copies of approvals required under any enactment relating to
health or safety, including, without limitation, sewage disposal permits,
h/ghwayaccess perm/tsand ministry of health approvals;
(m) 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;
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(n) 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;
(o) include a construction fire safety plan made in the form prescribed by the
building official 'or a form deemed acceptable by the Fire Chief;
(p) include BC Energy Step Code and BC Zero Carbon Step Code compliance
documentation;
(q) include two sets of drawings at a suitable scale of the design prepared by
each registered pro fessional containing the information set out in (g) to (k)
of this section; and
(r) include illustration of any slopes on the subject parce/that exceed 30%.
10.3 In addition to the requirements of section 10.2 of this Part, a building official
may, if the complexity of the proposed building or structure or siting
circumstances warrant, require the following to be submitted with a permit
application for the construction ofa complex building:
(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,^ accordance with the Town's subdivision and development
servicingbylaw;
(b) a section through the site showing grades, buildings, structures, parking
areas and driveways; and
(c) any other information required by the building of T/c/a/or the building code
to establish substantial compliance with this bylaw, the building code and
other bylaws and enactments relating to the buildingo r structure.
Building Permit Applications for Simple Buildings
10.4 An appl ication for a building permit\N\t\\ respect to a simple building must
(a) be made in the form prescribed by the building official 'and signed by the
owner, ora signing officer if the ownens a corporation;
"Building & Plumbing Bylaw 2024, No.2174"
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(b) be accompanied by the owner's acknowledgment of responsibility and
undertaking made in theform prescribed by the buildingofficialw6 signed
by the owner, or a signing officer if the ownens a corporation;
(c) include a copy of a title search for the relevant property made within 30
days of the date of the pe/777/^application;
(d) include a copy of a survey plan with information shown in Appendix D
prepared by a British Columbia Land Surveyor except that the building
o/Ty'c/a/may waive the requirement for a survey plan, in whole or in part,
where conditions warrant;
(e) include a site plan in a format prescribed bythe but'/c/i'ngoff/c/'a/exceptthstt
for a simple building\\\e building of Tyc/a/may waive, in whole or inpart, the
requirements for a site plan, if the permit is sought for the repair or
a/terat/onof an existing build ing;
(f) 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;
(g) include two cross-sections through the building illustrating foundations,
drainage,ceiling heights and construction systems;
(h) include elevations plans of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and spatial separation
calculations as set out in Appendix E to comply with the buila 'ing code and
to illustrate that the building ov structure conforms with the Town zoning
bylaw and development permit. Elevations plans shall include geodetic
elevations calculated in conformance with the Town zoning bylaw that
show natural and finished grade, building height, maximum permitted
building height, height of eaves, and mid-point between eaves and peak of
a sloping roof;
(i) include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the buildingov structure substantially
conforms to the building code;
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(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) except for garages, carports and garden structures located on land, include
a foundations^ excavation design prepared by a registered professional
in accordance with the building code;
(I) include geotechnical letters of assurance, in addition to a required
geotechnical report, if the building official determines that the site
conditions so warrant;
(m) include BC Energy Step Codeand BC Zero Carbon Step Code compliance
documentation;
(n) include two sets of drawings and digital plans, if available, at a suitable scale
of design (1/4"=!') including the information set out in (f) to (i) of this
section; and
(o) if the building official requires, include a building code compliance
summary including the applicable edition of the building code, such as,
without limitation, whether the building\s designed under Part 3 or Part 9
and compliance with article 2.2.2.1(2), Division C of the building code.
10.5 In addition to the requirements of section 10.4 of this Part,ifa/7/"o/srfinvolves
(a) two or more buildings, the gross floor areas of which in the aggregate total
more than 1000 square metres;
(b) two or more bu/'/d/ngsthatwW contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed buildingor structure or siting
circumstances warrant, a building official may require the following be
submitted with a permit application for the construction of each simple
buildings the project:
i. a section through the site showing grades, buildings, structures,
parking areasand driveways;
ii. a roof plan and roof height calculations;
"Building & Plumbing Bylaw 2024, No.2174"
Page 34
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-,
v. a construction fire safety plan made in the form prescribed by the
building official or a form deemed acceptable by the Fire Chief,
and
vi. any other information required by the building official or the
building codeto establish substantial compliance with this bylaw,
the building code and other bylaws and enactments relating to the
bu/'/d/ngor structure.
Site and Location Information
10.6 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 buf/d/ngto:
(a) establish, before construction begins, that all the provisions of this bylaw
in relation to this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and
other applicable 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^^
footings, showthe 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
complywith the requirement.
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Permit Fee
10.7 Before receiving a permit, the cw/7ermust first payto the Town
(a) the perm/'ffee prescribed in the Fees and 'Charges Bylaw; 'and
(b) any fees, charges, levies or taxes imposed by the Town and payable under
an enactment at the time of issuance of the permit.
Damage and Security Deposits with Permit Applications
10.8 An applicant for a/5e/777//-must pay to the Town, at the time of the application,
the following damage or security deposit:
(a) ^o\-3 simple building permit (alterations o\\\\/Y $1,500.00;
(b) fora simple building permit. $2,500.00;
(c) ^ov^ complex building permit (alterations on\>/): $2,500.00;
(d) for a complex building permit: to be determined by the Town's Director of
Infrastructure Services or designate;
(e) fora buildingmoVm^ permit. $5,000.00;
(f) for a demolition permit: $3,500.00; and
(g) for a building permftthat requires the use of tower -cranes or construction
hoisty. security in the form of a deposited irrevocable letter of credit or
cash in the amount which is, in the opinion of the Town's Director of
Infrastructure Services or designate, sufficient to pay the cost of removing
the tower cranes or construction /?o/sf?plus 15%.
10.9 The Town may use the security under subsections 10.8 to:
(a) restore or replace any public works or public lands destroyed, damaged or
otherwise impaired by the applicant or any person acting on behalf of the
applicant; or
(b) make the site safe if the permit holder abandons or fails to complete the
work as designated on the permit.
"Building & Plumbing Bylaw 2024, No.2174"
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10.10 The damage and security deposit, less any amounts used under section 10.9,
may only be returned to the applicant once:
(a) the building officials satisfied that no further damage to public works or
public lands\N\\\ occur;
(b) the inspections required by this bylaw are complete and acceptable to the
building official; and
(c) an occupancy permit or final inspection notice is issued.
10.11 If the proposed work includes excavation or construction on /andsw\W\n 10
metres of works or services owned by the Town, the ownermust deliver to the
bu/'/d/'ngoff/c/a/a signed agreement in a form prescribed by the Town's Director
of Infrastructure Services or designate under which the owner acknowledges
and agrees that any damage to municipal works or services arising from the
construction associated with the building permit\N\\\ be repaired by the owner
at its expense and to the satisfaction of the Town's Director of Infrastructure
Services or designate, and the owner must deposit with the Town security in
accordance with sections 10.8 to 10.10 of this Part
10.12 Where the cost to repair damage to works and services or municipal property
under section 10.11 exceeds the security under section 10.8, the Town may
withhold inspections and permits until the applicant has paid the amount
required to cover the cost of repairing the damaged works and services.
Permit Fee Refunds
10.13 No building perm/tfee or other perm/tfee will be refunded after the permits
issued by the Town.
10.14 An inspection fee may be partially refunded, only if
(a) the owner^as submitted a written request for a refund;
(b) the building official has certified a start has not been made on the
construction of the buildingo'c structures the area to which the inspection
fee relates; and
(c) the permfthas not expired.
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10.15 An inspection fee is not refundable after the perm/thas been extended under
section 10.52 of this Part.
Design Modification
10.16 If an issued building permit or other permits active and the owner proposes
modification to the building or structure design whereby the value of the work
does not increase or the va/ueoftheworkdecreases.t^eownermustpaytothe
Town a perm/tfee based on the plan review hourly rate set out in the Fees and
Charges Bylaw.
Construction Before Permit Issued
10.17 The building perm/'tor other perm/'tfee is doubled for every pe/TTp/^application
if construction commenced before the building of T/'c/^/issued a permit.
Expiration of Application for a Permit
10.18 An application for any pe/rr?/^ required by this Bylaw will be cancelled '^permit
fees are not paid within 180 days from the date of notification to the applicant
that the Town is prepared for permft\ssuance.
10.19 An application for any permit required by this Bylaw will be cancelled if all
submissions required by this Bylaw are not submitted to the building official
within 90 days after the initial permit application is received by the building
official.
Issuance of a 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^as paid all applicable fees set out in sections 10.7 to 10.17 of
this Part and the Fees and Charges Bylaw;
(c) the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
"Building & Plumbing Bylaw 2024, No.2174"
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(d) the ownerhas retained a professional engineer or geoscientist if required
underthis bylaw;
(e) the ownerhas retained an architect if required under this bylaw; and
(f) no covenant, agreement, resolution or regulation of the Town requires or
authorizes the perm/tto be withheld,
the bu/7d/ngoff/c/'a/rr\\jst issue the permit, in the form prescribed by the building
official, for which the application is made, and the date of issuance is deemed to be
the date the Town gives written notice to the ownerthat the permit\s ready to be
picked up bythe owner.
10.21 The building official ^ may issue a partial building permit for the excavation
required to permit construction of a building or structure, which shall be
superseded when the building perm/tfor the buildingor structures issued by
the building off y'c/a/and only after the security or damage deposit listed under
10.8 and the applicable excavation permit fee set out in the Fees and Charges
Bylaw\s paid to the Town.
10.22 Despite section 10.20, the building of 'f/c/a/may refuse to issue a perm/'twhen
the ownerhas been notified of a violation of this bylaw about the construction
of another buildingor structure by the owner.
Compliance with the Homeowner ProtectionAct
10.23 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 perm/tmust not be issued unless the owner provides evidence under
section 30(1) oftheHomeownerProtect/onAct,thatt[\e proposed building
(a) is covered by home warranty insurance; and
(b) the constructons a licensed "residential builder" as defined in that Act.
10.24 Section 10.23 of this Part does not apply if the owner \s not required to be
licensed andto obtain home warranty insurance in accordance with sections
20(1) or 30(1) ofthe Homeowner Protection Act.
10.25 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.
"Building & Plumbing Bylaw 2024, No.2174"
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Partial Construction
10.26 If a site has been excavated under a perm/'tfor excavation issued under this
bylaw and a permit is not subsequently issued or a subsisting permit\\^
expired under section 10.51, but without the construction of the building or
structurefor which the perm/'twas issued having commenced, the oiwpermust
fill inthe eA-cai/^/b/pto restore the original gradients of the site within 60 days
of being served notice by the Town to do so.
10.27 If a permit has expired and partial construction has progressed, with no
extension requested of the building official 'under section 10.52, permanent
type fencing with privacy screen complying with the Town zoning bylaw, must
be erected around the building or structure site for protection to the public.
10.28 If a perm/'tfor a buildingo\- structure's expired and partial construction has
progressed, with no extension requested of the build ing official under section
10.52 or if the project has been abandoned, the owner of the property must
immediately ensure that construction tools, equipment and materials are
removed from the property and that the property is secured against
unauthorized entry or occupation, vandalism, or other intentional damage or
fire hazards by doing one or more of the following in addition to the
requirements of 10.27:
(a) affixing structural barriers to windows and other points of ingress using
materials and installation that are effective in precluding easy entry;
(b) installing a security lighting system which does not impact neighbouring
properties;
(c) installing a security alarm system;
(d) employing security or guard patrols on a frequent and periodic basis; and
(e) utilizing or installing other security measures or devices that are
satisfactory to the building official.
10.29 The security measures listed in section 10.27 and 10.28 must remain in place
until a permits issued by the building off/c/'a/for the purpose of completing or
demolishing the buildingor structure.
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Conditions of a BuildingPermit
10.30 A permitor an application for a perm/tt^at is in process may notbe transferred
or assigned until the owner has notified the building official in writing, the
building official has authorized the transfer or assignment in writing. The
transfer or assignment ofaperm/t\s not an extension of a permit
10.31 The review of plans and supporting documents and issuance of a perm/tdo not
prevent the building official 'from subsequently requiring the correction of
errors in the plans and supporting documents, or from prohibiting building
construction or occupancybe'mg carried on when in violation of this or another
bylaw.
Inspections
10.32 If a registered professional provides letters of assurance in accordance with
this Part, the Town will rely solely on field reviews undertaken by the
registered 'professional ^andthe 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.
10.33 If a permits issued under the Certified Professional Program, no inspections
will be conducted by a building official.
10.34 Despite section 10.32 of this Part, a building of Ty'c/^/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.
10.35 A building official ^ may attend periodically at the site of the construction of
simple buildings or structures^ ascertain whether the work is being carried
out in substantial conformance with the ^/7c//'/7^-coofe, this bylaw and any other
applicable enactments concerning safety.
10.36 For all work in respect of simple buildings the owner must give at least 48
hours'notice to the Town when requesting an inspection and must obtain an
inspection and receive a building official's written acceptance of the following
aspects of the work priorto concealing them:
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(a) after demolition, the grading of and removal of debris from the site;
(b) excavation, within 24 hours of the start of excavation;
(c) foundation and footing forms, and if deemed necessary by the building
official only after having obtained a survey from a registered British
Columbia Land Surveyor as to their location in relation to parcel
boundaries, before concrete is poured;
(d) installation of perimeter drains, underground roof leaders, drain rock, and
foundation damp-proofing, prior to backfilling;
(e) prior to inspection under section 10.36(f), plumbing located below the
finished slab level;
(f) the preparation of ground, including ground coverwhen required, radon or
soil gas control systems, perimeter insulation on inside of concrete
foundation walls and reinforcingsteel;
(g) after inspection under section 10.36(f) hydronic heating pipes and below
slab insulation;
(h) installation of rough-in plumbing including sprinkler systems before it is
covered;
(i) installation of bu/7d/'ngser\/\ces before being covered. Testing of the entire
underground sanitary drainage system shall be tested as required by the
building code and when considered necessary by the building official, shall
be retested after the completion of all backfilling and grading by heavy
equipment;
(j) rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(k) 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;
"Building & Plumbing Bylaw 2024, No.2174"
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(m) construction of an exterior deck;
(n) on-site co/ps/'/'^rteo'tubs or showers and tub or shower trap tests; and
(o) the health and safety aspects of the work and the conservation, GHG
emission reduction and accessibility aspects of the work when the building
or structures substantially complete, ready for occupancy but prior to
occupancy.
10.37 A building of ficial\N'\\\ only carry out an inspection under section 10.36 if the
owneror the owner's agenthas requested the inspection by telephone or in
writing in accordance with this bylaw.
10.38 Despite the requirement for the building official's acceptance of the work
outlined in section 10.36, if a registered professional provides letters of
assurance, the Town will rely solely on field reviews undertaken by the
registered professional w6 the lettersof 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.
10.39 A person shall not conceal any aspect of the work referred to in section 10.36
of this bylaw until a building official has accepted it in writing.
10.40 For work in respect of complex buildings, the oi/wermust
(a) give at least 48 hours' written or telephone notice to the Town 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 or telephone notice to the Town when
requesting a pre- occupancy coordinated by the coordinating registered
professional or other registered professional to have the owner, the
constructor and the/"(a^/5fere6//7/-o/:e55/o/7a/s demonstrate to the building
o/T/c/a/and Fire Services the compliance with the health and safety aspects
of the work, the coordination and integration of the fire and life safety
system, applicable Town requirements and other enactments respecting
"Building & Plumbing Bylaw 2024, No.2174"
Page 43
safety and the conservation, GHG emission and accessibility aspects of the
work; and
(c) cause the coordinating registered professional, at least 48 hours prior to
the pre- occupancy coordinated site review coordinated by the
coordinating registered professional, to deliver to the building of 'f/c/a/the
Confirmation of Required Documentation described in Appendix C, in
digital pdf format.
10.41 In all cases where it is proposed to conduct any sewer or storm waste to the
public sewer or storm system, the connection to each system shall be approved
by the Town's Director of Infrastructure Services or designate prior to the
connection being installed.
Stop Work Order
10.42 The building official 'may direct the immediate suspension or correction of all
or a portion of the construction on a buildingor structure by attaching a stop
work order notice in the form prescribed by the building official on the
premises whenever it is found that the work is not being performed in
accordance with the requirements of the ^/7£///75"co^e, any applicable bylaw of
the Town or the applicable provisions of the Homeowner Protection Act.
10.43 The coordinating registered professional my^ request, in writing, that the
/?^/7G///75'o/'/7'c/'a/order the immediate suspension or correction of all or a portion
of the construction on a buf/cf/ngor structure by attaching a stop work order
notice on the premises. The building of rffc/a/must consider such a request and,
if not acted upon, must respond, in writing, to the coordinating registered
professional w^ give reasons.
10.44 If a registered professional's services are terminated, the owner must
immediatelystop any work that is subject to his or her design or field review
and the building officials deemed to have issued a stop work order under
section 10.42.
10.45 The ownermust immediately, after the posting of a notice under section 10.42,
secure the construction and the lands and premises surrounding the
construction in compliance with the safety requirements of every statute,
regulation or order of the Province or of a provincial agency and of every
applicable bylaw of theTown.
"Building & Plumbing Bylaw 2024, No.2174"
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10.46 Subject to section 10.42 no work other than the required remedial measures
may be carried out on the parcel affected by the notice referred to in section
10.42 until the stop work order notice has been removed by the building
official.
10.47 The notice referred to in section 10.42 must remain posted on the premises
until that which is contrary to the enactments has been remedied. If the notice
referred to in section 10.42 remains posted after 30 days due to the remedial
measures not being carried out by the owner, the owner must pay the non-
refundable fee set out in the Fees and Charges By/awfor each 30 day period
until the notice has been removed by the building official.
Do Not Occupy Notice
10.48 If a person occupies a bu/'/dfngor structure or part of a buildingor structure in
contravention of this bylaw or where the building or structure is deemed
unsafe by the building official, a building official may post a Do Not Occupy
Notice in the form prescribed by the building official on the affected part of the
buildingor structure.
10.49 If a notice is posted under section 10.48, the ownerof a parce/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 build ing official.
Inspection and Other Fees
10.50 In addition to the fees required under other provisions of this bylaw, the owner
must pay the non-refundable fee set out in the Fees and Charges Bylaw '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 Town'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
"Building & Plumbing Bylaw 2024, No.2174"
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(c) inspection required under this bylaw which cannot be carried out during
theTown's normal business hours.
Permit Expiration
10.51 Every permits issued on the condition that the permit expires and the rights
oftheoi477erunderthepe/777/^terminateif:
(a) the work authorized by the/3e/777/^is not commenced within 180 days from
the d ate 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
10.52 A building official 'may extend the period set out under section 10.51 for only
one period, not to exceed 365 days, if construction has not been commenced or
has been discontinued due to adverse weather, strikes, material or labour
shortages, other similar hardship beyond the oiw7£l/-/?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
perm/texp\rat\on; and
(b) the non-refundable fee set out in the Fees and Charges By/awhas been
paid.
Permit Revocation
10.53 The building of T/c/a/'may revoke a permit'^ there is a violation of
(a) a condition under which the perm/'twas issued; or
(b) a requirement of the A^/7o'//7^'coo/eor of this or another bylaw of the Town,
such perm/tre\/ocat\on must be in writing and sent to the permit holder by
signaturemail to, or personal service on, the pe/77?/;t holder.
"Building & Plumbing Bylaw 2024, No.2174"
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Permit Cancellation
10.54 A permit, or a pe/777/^application, may be cancelled by the owner, or his or her
agent, on delivery of written notification of the cancellation to the building
official.
10.55 On receipt of the written cancellation notice, the building official 'must mark on
the application, and a/oe/777/^-if applicable, the date of cancellation and the word
"cancelled". If the owner, or his or her agent, submits changes to an application
after a permit\\^ 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 perm/'tand mark on the permit\\\e date of cancellation or
amendment and the word "cancelled" or "amended".
10.56 If a permit application or permit is cancelled, and construction has not
commenced under the permit, the building official must return to the owner
any refundable inspectionfees deposited underthe Fees and Charges Bylaw.
Occupancy
10.57 A person shall not occupy a building or structure or part of a building or
structure until a final inspection notice and occupancy perm/'thas been issued
by a buildingofficial.
10.58 A final inspection notice will not be issued unless
(a) all letters of assurance have been submitted when required in accordance
with this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to
sections 7.12 to 7.16 of Part 7 of this bylaw have both been inspected and
acceptedorthe inspections and acceptance are not required in accordance
with this bylaw;
(c) the oiw?e/"has delivered to the Town as-built plans of works and services in
digital format if requested by the building official;
(d) the owner has provided to the Town a building or structure survey
prepared by a British Columbia Land Surveyor showing the building or
structure height, size, location and elevation determined in accordance
"Building & Plumbing Bylaw 2024, No.2174"
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with the Town's land use regulations;
(e) all other documentation required under applicable enactments has been
delivered to the Town; and
(f) the owner has delivered to the Town as-built drawings of the buildingov
structures digital format if requested by the building official.
10.59 When a registered professional provides letters of assurance in accordance
with this bylaw, the Town will rely solely on the letters of assurance when
issuing a final report authorizing occupancy as assurance that the items
identified on the letters of assurance substantially comply with the design, the
building code, this bylaw and otherapplicable enactments respecting safety.
10.60 A building of 'f/c/a/may issue a final inspection notice and occupancy permitt or
partial occupancy of a portion of a building or structure under construction
when
(a) that portion of the buildingor structures self-contained and provided with
essential services respecting health and safety aspects of the work, and if
applicable, accessibility, <J/yG'emissions and conservation;
(b) the building\s not a single-detached dwelling with or without a secondary
suite; and
(c) the requirements set out in section 10.58 have been met with respect to it.
10.61 A final inspection notice and occupancy permit may not be issued unless:
(a) all letters of assurance and the Confirmation of Required Documentation
described in Appendix C have been submitted when required in
accordance with the requirements of this bylaw;
(b) all aspects of the work requiring inspection and review pursuant to Part 9
and sections 10.32 through 10.41 of this bylaw have both been inspected
and accepted;
(c) the owner has executed and delivered to the Town every agreement,
instmmentor form required by the Town in relation to the work or the site;
and
(d) all required offsite works respecting safety have been completed.
"Building & Plumbing Bylaw 2024, No.2174"
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Temporary Buildings
10.62 Subject to the bylaws and orders of the Town, the building official 'may issue a
building permit for the erection or placement of a temporary building or
structure for occupancy'^
(a) the permits for a period not exceeding two years; and
(b) the buildingo'c structure is located in compliance with the Town's zoning
bylaw, built in compliance with the building code and this bylaw, and
connected, as required by enactments, to Town utility services or other
services respecting health and other required services under health
enactments.
10.63 A building official fmay extend the period set out under section 10.62 for only
one period, not to exceed 365 days, 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, and if the extension would facilitate,
(a) a sales office necessary for sales of buf/d/'ngswWm the same development,
(b) operations of a related ongoing special event,
(c) a post-disaster -occupanc/that is essential to the provision of service in the
event of a disaster, or
(d) a site office or tool storage building or structure necessary for the
finalization of a related bu/7cf/ngperm/'t\N\th\n the same development.
10.64 The application for an extension set out in section 10.63 is only valid if,
(a) the application is submitted to the building official^, least 30 days prior to
the date of perm/texp'\rat\on; and
(b) the non-refundable fee set out in the Fees and Charges By/awhas been
paid.
10.65 An application for a building permit for the erection or placement of a
temporary building or structure must be made in the form prescribed by the
building official, signed by the owneror agent, and must include:
"Building & Plumbing Bylaw 2024, No.2174"
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(a) plans and supporting documents showing the location and building height
of the building or structureon theparce/;
(b) plans and supporting documents showing construction details of the
building or structure;
(c) a statement by the oiw7e/-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
compiiancewith the/7^/7(y/77^co£/e, this bylaw, the Town's zoning bylaw and
other applicable bylaws;
(i) security in the form of cash or a letter of credit for 10% of the value of the
temporary building, which security
(i) may be used by the Town to remove the bu/'/d/ngafter two years
of thedate of the final inspection required under this bylaw; or
(ii) must be returned to the owner if the owner removes the
temporary building ^ within two years 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 relevant
articles of the building code respecting temporary buildings.
10.66 Before receiving a building permit ^ for a temporary building or structure^
occupancy, the ownermust pay to the Town the applicable building perm/'tfee
set out in the Fees and Charges Bylaw.
"Building & Plumbing Bylaw 2024, No.2174"
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10.67 A permit fee for a temporary buildingo'c structures not refundable.
Sanitary Facilities
10.68 During the time a building permit, demolition perm/'tor bu/'/d/ngmov'mg permit
has been issued and remains valid under this bylaw,the ownermusi. provide on
the parcel of land in respect of which the permit has been issued, sanitary
facilities in compliance with WorkSafeBC's Occupational Health and Safety
Regulation^ the disposal of human waste from individual persons who enter
on the parcels relation to the work referred to in the permit, which facilities
must be acce^/^/eand 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 Health Act,
by plumbing that complies with the buila 'ing code and this bylaw, must be
provided at all times the facility is required under this bylaw, with toilet paper, a
locking doorfor 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
parce/sor highways.
PART 11: RETAINING WALLS ANDGRADES
11.1 A person shall not construct, or structurally repair, a retaining wall greater
than 1.2 meters in height, without a building permit.
11.2 All retaining walls located within 1.2 meters of each other will be collectively
considered a single retaining wall 'for the purpose of determining height.
11.3 Notwithstanding 11.1, a single retaining -wall 'may exceed 1.2 meters in height,
provided that it is certified by a registered professional w^ it is stepped back
from adjacent retaining wa//s2.0 meters for every 3.0 meters in height.
11.4 Except as certified by a registered professional, 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.
"Building & Plumbing Bylaw 2024, No.2174"
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11.5 Without limiting section 11.4, a person shall not occupy a building unless the
finished^r^/ecomplieswith ail applicable enactments.
PART 12: BUILDING MOVE
12.1 A person shall not move a buildingov structure into or within theTown
(a) except where certified by a registered professional that the building,
includingits foundation, will substantially comply with the current version
of the building code'm its new location; and
(b) a building perm/thas been issued for the buildingor structure, and
(c) all other affected governmental agencies or regulatory bodies have been
consented to the move if required under enactments.
PART 13: NUMBERING OF BUILDINGS
13.1 Immediately upon issuance of a building permit govern ing the construction,
alterationov repair of a building, or prior to and during the occupancy of a
building, the owneror occupant must display the address number assigned to
it by the Town
(a) on or over the entrance to the buildingor where landscaping or structures
obscurethe visibility of a building entrance from the adjacent highway, on
the bu/'/d/ng property within sight of the adjacent highway; a nd
(b) until such time as the building is removed from the site or has been
demolished.
13.2 Despite section 13.1, the Town's Director of Infrastructure Services may
renumber or alter the assigned numbers in respect of any building on any
parcel, including those alreadyin 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 number or set of house
numbers related to the building authorized by the permit. The owner or
occupier must post the number or numbers on the site immediately after
obtaining the building permit and keep the numbers posted in a conspicuous
location at all times during construction.
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13.4 Without limiting sections 13.1 through 13.3, on issuance of an occupancy
permit^e. owneror occupier ^ of the parcel 'must affix the numbers, including
those for secondary suites, permanently in a conspicuous place on the building
such that the numbers are visible from an adjacent h/'ghwaytbat is not a lane.
PART 14: POOLS
Swimming Pool Permit and Fencing
14.1 Except as exempt under 3.3 (j), without limiting section 5.1 of this bylaw, a
person must not construct, or structurally repair, a swimming poo/without a
valid build ing permit.
14.2 A swimming pool, including a spa or hot tub must be enclosed within a fence no
closer than 1 m away from the edge of the pool constructedwthout footholds
or grips that children may use to climb into the enclosed area, having a
minimum height of 1.8 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/?oo/, spa or hot tub side of the
gate.
Spa or Hot Tub Lid
14.4 In lieu of a fence, a spa or hot tub may be covered with a locking cover, which
would prevent unauthorized access to the water.
Maintenance
14.5 A person may not use or occupy a swimming pool, including a spa or hot tub
unlessthe owneror occup/'erof 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.
"Building & Plumbing Bylaw 2024, No.2174"
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Leaks or Other Failures
14.6 A person may not obtain a valid and subsisting building perm/tfor or use or
occupya swimming /x?o/without first delivering to the building official 'at the
time of the bu/7df'ngperm/tapp\\cat\on an opinion of a registered professional
that the design of the pool will not cause or result in leaks or other failures of
the pool.
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 Town incorporates by reference the BC Energy Step Code and
the BC Zero Carbon Step Code\\\ accordance with sections 15.2 through 15.7.
15.2 Any new buildingor structure to which Part 3 or Part 9 of the building code
applies and is within the scope of the application of the BC Zero Carbon Step
Code, as described in the building code, must be designed and constructed to
meet performance requirements specified in EL-1 (measure only) of the BC
Zero Carbon Step Code.
15.3 Notwithstanding 15.2, in the case of a building permit submitted after or on
January 1st 2026, a newsingle-detached dwelling with or without a secondary
suite to which Part9oftheA^/7of/y7^'co(yeapplies,andwhich is within the scope
of the BC Zero Carbon Step Code as described in the building code, must be
designed and constructed \.o meet the performance requirements specified in
EL-4 of the BC Zero Carbon Step Code.
15.4 Notwithstanding 15.2, in the case of a building permit submitted after or on
January 1st 2028, all new buildingsor structuresto which Part 3 or Part 9 of the
bu/7d/'ngcodeapf)\\es, and which iswithin the scope of the BC Zero Carbon Step
Code as described in the building code, must be designed and constructed 'to
meet the performance requirements specified in the EL-4 of the BC Zero
Carbon Code.
15.5 In the case of a building permit submitted after or on January 1st 2030, all new
buildings or structures^ which Part 3 or Part 9 of the building code applies,
and which is within the scope of the BC Energy Step Code as described in the
building code, must be designed and constructed 'to meet the performance
requirements specified in the highest step of the BC Energy Step Code.
15.6 When an Energy Advisor or a registered professional, as required, provides
"Building & Plumbing Bylaw 2024, No.2174"
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energy reports or/y'e/(y/"e^/'ei4^ in accordance with this bylaw, the Town will rely
solely on field reviews undertaken by the Energy Advisor or registered
professional 'and the reports submitted pursuant to this bylaw as assurance
that the construction or applicable aspect thereof substantially conforms to
the design, and that the construction or applicable aspect thereof substantially
complies with the building code, this bylaw, and other applicable enactments
respecting energy efficiency and greenhouse gas emissions.
15.7 If requested by the building official, the Energy Advisor, providing the required
materials and documentation set out in the BC Energy Step Codeand BC Zero
Carbon Step Code, must provide evidence to the building of 'f/c/a/thai. they are
an Energy Advisor registered and in good standing with Natural Resources
Canada in accordance with the EnerGuide Rating System Administrative
Procedures and adheres to the technical standards and procedures of the ERS.
PART 16: ACCESS ROUTES FOR FIREVEHICLES
16.1 Prior to the issuance of a building permftfor a building under Part 9 or Part 3
of the buildingcode, the ownermust satisfy the building official 'and Fire Chief
that the buildingor structure^ whichthe permits issued will be served by a
fire access route that satisfies the provisions outlined in Appendix E.
PART 17: OFFENCES
Violations
17.1 Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) /7e/777/fe, 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 on summary conviction by a court of competent
jurisdiction, the person is subject to a fine of not more than $10,000.00, or a term
of imprisonment not exceeding three months, or both, in addition to the costs of
prosecution. Each day during which a violation, contravention or breach of this
bylaw continues is deemed to be a separate offence.
"Building & Plumbing Bylaw 2024, No.2174"
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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 pe/rr?/^ without first
obtaining such a perm/'tmust, if a Stop Work notice is issued, pay an additional
charge as outlined in the Fees and Charges Bylaw.
Deemed Offence
17.4 An owner\s deemed to have knowledge of and be liable under this bylaw in
respect of any construction on the parcel\\}e ownerowns and any change in
the use, occupancyor both of a building or structure or part of a building ox
structure on that pa reel.
17.5 A person shall not be deemed liable under this section who establishes, on a
balance of probabilities, that the construction or change of use or occupancy
occurred before he or she became the ownerof the parcel.
17.6 Nothing in this section affects:
(a) the Town's right to require and the owner's obligation to obtain a permit;
and
(b) the obligation of the ownerto comply with this bylaw.
Ticketing
17.7 The offences in Schedule 3 of the Ticket Information Utilization Bylaw 2002,
No.1457 are designated for enforcement under s. 264 of the Community
Charter.
17.8 The following persons are designated as bylaw enforcement officers
undersection 264(1) (b) of the Community Charter^ enforcing th is Bylaw,
the Manager of Corporate Services and persons designated by Councils
bylaw enforcement officers.
17.9 The words or expressions set forth in the Offence column of Schedule 3 of the
Ticket Information Utilization Bylaw 2002, No.1457 are authorized pursuantto s.
264(l)(c) of the Community Charter -to designate the offence committed under
the bylaw section number appearing in the Section column opposite the
respective words or expressions.
"Building & Plumbing Bylaw 2024, No.2174"
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17.10 The amounts appearing in the Fine column of Schedule 3 of the Ticket Information
Utilization Bylaw 2002, No.1457 are the fines established pursuantto s. 265(l)(a)
of the Community Charter^ or the corresponding offence designated in Column 1.
PART 18: REPEAL
18.1 "Building and Plumbing Bylaw 1994, No. 1119", as amended, is repealed.
PART 19: TITLE
Citation
19.1 This bylaw may be cited for all purposes as "Building & Plumbing Bylaw 2024, No.
2174".
READ A FIRST TIME on the 24th day of September, 2024
READ A SECOND TIME on the 24th day of September, 2024
READ ATHIRD TIME on the 24th day of September, 2024
ADOPTED on the 1st day of October, 2024
^
^-^ /// ~/<^^y,
Acting Mayoj/(T.McKay)
Corporate Officer (Sue Bouma)
"Building & Plumbing Bylaw 2024, No.2174"
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Town of Ladysmith
Building & Plumbing Bylaw 2024, No. 2174
Appendix A - Value of Work
This Appendix applies to single family dwellings, row housing, semi-detached and duplex
residences, factory-built homes and moved dwellings, and buildings accessory thereto.
The following values will be used on a dollar per square foot basis to calculate the value
of the work.
(a) Main floorwith full basement $165
(b) Main floor with crawlspace or slab on grade $135
(b) Each additional storey $90
(c) Attached garages $50
(d) Attached carports $30
(e) Sundeck $30
(f) Unfinished Basement $60
(g) Secondary Suite $90
(f) Buildings for ancillary use greater than 10m2 $50
"Building & Plumbing Bylaw 2024, No.2174"
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Town of Ladysmith
Building & Plumbing Bylaw 2024, No. 2174
Appendix B - Confirmation of Professional Liability Insurance
1. This Confirmation letter must be submitted alongwith each BC Building Code Schedule
A and Schedule B before issuance of a permit. A separate Confirmation Letter must be
submitted for each registered professional.
2. This Confirmation Letter must be submitted with each BC Building Code Schedule C
after completion of the building but before a final inspection is made by the Building
Official. A separate Confirmation Letter must be submitted for each registered
professional.
3. Only an original Confirmation Letter, printed bytheTownoranunaltered photocopy of
this document is to be completed and submitted.
Attention: Building Official
Property Address:.
Legal Description:.
The undersigned hereby gives assurancethat:
a) I have fulfilled my obligation for insurance coverage as outlined in the Building &
Plumbing Bylaw 2024, No. 2174;
b) I am insured by a policy of insurance covering liability to third parties for errors and
omissions in respect to the above project, in the amount of at least One Million Dollars
($1,000,000.00);
c) I have enclosed a copy of my certificate of insurance coverage indicating the particulars
of such coverage;
d) I am a registered profess -ion 'a I; snd
e) I will notify the Building Official in writing immediately if the undersigned's insurance
coverage is reduced or terminated at any time during construction.
Name (PRINT)
Signature Date
Address (PRINT)
Phone
(Affix professional seal here)
"Building & Plumbing Bylaw 2024, No.2174"
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(If the registered professionals a member of a firm, complete thefollowing)
am a member of this firm:
Name of Firm (PRINT)
Address (PRINT)
I signthisletteronbehalf of myself and thefirm.
Note: This Confirmation letter must be signed by a registered professional. The BC Building
Code defines a registered professional as a person who is registered or licensed to practice (a)
as an architect under the Professional Governance Act, or (b) as a professional engineer
under the Engineers and GeoscientistsAct
"Building & Plumbing Bylaw 2024, No.2174"
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Town of Ladysmith
Building & Plumbing Bylaw 2024, No. 2174
Appendix C - Confirmation of Required Documentation
Permit Number:
Note:
1. The Confirmation of Required Documentation and all required documentation
must be submitted to the Building Official 48 hours prior to the Pre-Occupancy
Coordinated Review.
2. The Confirmation of Required Documentation and all required documentation
must be submitted in digital pdf format, sections as per this Appendix.
Provided
N/A
CONFIRMATION OF REQUIRED DOCUMENTATION
DIRECTORY OF PRINCIPALS(Role/Firm/Name/Telephone)
Owner
Co-ordinating Registered Professional
Registered Professionals
Warranty Provided
Licensed Builder
Sub-Contractors
LETTERS OF ASSURANCE (A, B, C-A, C-B)
Co-ordinating Registered Professional
Architectural
Structural
Mechanical
Plumbing
Electrical
Geotechnical Temporary
Geotechnical Permanent
Fire Suppression
_(other)
PROFESSIONAL REVIEW LETTERS
Alternative Solution (Confirmation of Field Review - sealed)
Site Services - Civil Engineer
Building Envelope Specialist
Roofing Consultant
Survey by a British Columbia Land Surveyor
Step Code Compliance Reports
Back Flow Test Certificates
_(other)
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FIRE ALARM
Fire Alarm Verification Certificate (include field work sheets)
Letter of Signed Contract from ULC Listed Monitoring Agency
_(other)
SPRINKLER SYSTEMS
Material and Test Certificate - Above groundpiping
Material and Test Certificate - Underground piping
Fire Pump Test Report
.(other)
PROVINCIAL APPROVALS
Certificate to Operate Elevating Device (one per each device)
Health Approval (on-site sewage disposal)
Health Approval (food services)
_(other)
TOWN APPROVALS
Fire Department Acceptance (Fire Safety Plan)
Final Inspection (Building Inspector- pre-occupancy review)
Engineering Final Inspection
Planning Final Inspection
DEFICIENCY LIST
Submitted by Coordinating Registered Professional
Name(PRINT)
Signature
Date
Address (PRINT)
Phone
(Affix professional seal here)
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Town of Ladysmith
Building & Plumbing Bylaw 2024, No. 2174
Appendix D - Zoning Summary
The information in column one is to be illustrated on the survey plan.
Building Envelope
Building Location
Rights of way, easements, covenant
areas
Streamside Protection and
Enhancement Area (SPEA)
Retaining wall heights and spacing
Driveway location, width, length,
elevations, parking areas and profile
Show the minimum required zoning setbacks
from all property lines with measurements in
metres
Show all buildings and structures (proposed and
existing) with setbacks from property lines in
metres
Show, if applicable
Show, if applicable
Show, if applicable
Show, if applicable
A table containing the information in column one is to be provided on the survey
plan. Calculations are to be done in accordance with the Zoning Bylaw.
Land use regulations:
Zone
Parcel Size
Parcel Coverage (%)
Proposed building height (m)
Maximum permitted building height (m)
Proposed height of eaves(m)
Mid-point between eaves and peak of a
sloping roof (m)
Average natural grade (m)
Average finished grade (m)
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Town of Ladysmith
Building & Plumbing Bylaw 2024, No. 2174
Appendix E - Spatial Calculations considering the Fire Department Response Time and
Access Route Information for Fire Vehicle Standards
Spatial Calculations considering the Fire Department Response Time
Within the entire geographical area of the Town, proposed new buildingsor structures
shall be designed with spatial separation calculations using a limiting c/f'stance'mput equal
to half the actual limiting distance where any storey in the buildings not sprinklered as
outlined in Part 3 and Part 9 of the building code.
Access Route Information for Fire Vehicle Standards
Notwithstanding fire department access information provided in Part 3 and Part 9 of
the building code, prior to the issuance of a building perm/'tfor a buildingo'c structure
under Part 3 or Part 9 of the buildingcode, the ownermust provide documentation to
the building official ^ and the Fire Cfi/efthat the building or structure for which the
permits issued will be served by a fire access route that satisfies the design limits that
the current fire departments fire apparatus dictate.
Unless site conditions exist that would make firefighting access and capabilities
reasona bly d iff icu It f or the f ire department i n the opinion of the ^/7^//?5'o/^/c/<9/or the
Fire Ch/ef.the buildingor structure^ which the permits issued will be served by a
fire access route that satisfies the following:
a) the width of an access route must be not less than 6.0m;
b) the centerline radius of an access route must be not less than 12.0m;
c) the overhead clearance of an access route must be not less than 5.0m;
d) the gradient of the access route must not change more than 1 in 12.5 over a
minimum distance of 15.0m;
e) the access route must comply with the bearing load and surface material
standards of the Town's Subdivision and Development Servicing Bylaw, as
amended or replaced from time to time;
f) the length above which a dead-end portion of an access route requires
turnaround facilities is 90.0m;
g) a turnaround facility shall not have any slopes exceeding 5%; and
h) be connected with a public thoroughfare.