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DISTRICT OF LAKE COUNTRY
BYLAW 1070, 2022
CONSOLIDATED VERSION
(Includes amendment as of January 14, 2025)
This is a consolidated copy to be used for convenience only.
Users are asked to refer to the Building Regulation Bylaw as amended from time to time to verify
accuracy and completeness.
Amending Bylaw
Summary of Amendments
Adoption
1190
Add item (c) Section 2.2
Delete and replace Section 2.6
October 4, 2022
Add Definitions under Section 3
Delete and replace Section 5.1
Add item (z) Section 8.1
Add item (d) Section 8.3
Add item (d) Section 11.2
Add item (e) Section 11.8
Add item (n) Section 11.39
Add item (c) Section 11.69
Delete and replace 16.2 (c) (iii)
Delete Section 16.13 & 18.1
1230
Delete and replace the title of section 3
Add definition of plumbing fixture
Delete section 8.1 (n) & 8.1 (o)
Delete and replace section 8.1 (r) & 8.1 (t)
Add section 8.1 (aa)
Delete and replace the title of section 11
Delete and replace section 11.1 & 11.2
Delete and replace subsection 11.40 (c)
Delete and replace section 16 in its entirety
Delete section 17 in its entirety
Delete section 19 in its entirety
Delete section 20 in its entirety
May 21, 2024
1257
Delete and replace definitions of "Driveway" and
"Driveway Access"
Add section 11.2 (e)
January 14, 2025
Bylaw 1070, 2018 - CONSOLIDATED - 2025-01-14
ii
DISTRICT OF LAKE COUNTRY
BUILDING REGULATION BYLAW 1070, 2018
1.
PURPOSE OF BYLAW ............................................................................................................................. 1
2.
SCOPE AND EXEMPTIONS ..................................................................................................................... 2
3.
INTERPRETATION ................................................................................... Error! Bookmark not defined.
ACTIVITIES REQUIRING PERMITS .......................................................................................................... 9
PROHIBITIONS ....................................................................................................................................... 9
PERMIT CONDITIONS .......................................................................................................................... 10
POWERS OF A BUILDING OFFICIAL...................................................................................................... 11
OWNER'S RESPONSIBILITIES ............................................................................................................... 13
OBLIGATIONS OF OWNER'S CONSTRUCTOR ....................................................................................... 16
REGISTERED PROFESSIONAL'S RESPONSIBILITIES ........................................................................... 17
BUILDING PERMIT APPLICATION REQUIREMENTS ......................................................................... 19
TEMPORARY BUILDINGS ................................................................................................................. 40
RETAINING WALLS AND GRADES .................................................................................................... 43
BUILDING MOVE ............................................................................................................................. 44
NUMBERING OF BUILDINGS............................................................................................................ 46
SWIMMING POOLS ......................................................................................................................... 46
ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION ......................................................... 47
ACCESS ROUTE FOR FIRE VEHICLE .................................................................................................. 47
ON-SITE SERVICES ........................................................................................................................... 47
CLIMATIC DATA ............................................................................................................................... 47
AWNINGS, CANOPIES, OR MARQUEES ........................................................................................... 47
MANUFACTURED HOME PARKS, CAMPGROUNDS, AND RV PARKS ............................................... 48
DEMOLITION PERMIT REQUIREMENTS ........................................................................................... 48
OFFENCES ........................................................................................................................................ 50
UNSAFE CONDITIONS ...................................................................................................................... 52
FORMS AND SCHEDULES ................................................................................................................. 52
REPEAL ............................................................................................................................................ 52
CITATION ......................................................................................................................................... 52
Page 1
DISTRICT OF LAKE COUNTRY
BYLAW 1070, 2018
A BYLAW FOR THE ADMINISTRATION OF BUILDING CODE AND REGULATIONS OF CONSTRUCTION
WHEREAS the Council of the District of Lake Country
(a) may by bylaw regulate, prohibit and impose requirements in respect to buildings and
structures under the Community Charter for the following under:
(i) the provisions of access to a building or other structure, or to part of a building or
other structure, for a person with disabilities;
(ii) the conservation of energy or water;
(iii) the reduction of greenhouse gas emissions;
(iv) the health, safety or protection of persons or property;
(b) is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in the District of Lake Country in accordance with the Community Charter
and the Building Act;
(c) has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the District of Lake Country, in open meeting assembled, enacts as
follows:
1. PURPOSE OF BYLAW
1.1.
Despite any other provisions in this bylaw, this bylaw must be interpreted in accordance with
this section.
1.2.
Every permit issued under this bylaw is issued expressly subject to the provisions of this
section.
1.3.
This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction
in the District in the public interest.
1.4.
The purpose of this bylaw does not extend to
(a) the protection of owners, designers, constructors, or any other persons from economic
loss;
(b) the assumption by the District or any building official of any responsibility for ensuring
the compliance by any owner, their representatives or any employees, constructors or
designers retained by the owner, with the Building Code, the requirements of this bylaw,
or other applicable enactments, standards, or bylaws;
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(c) providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit or occupancy permit is issued under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under
building permits issued by the District is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
2. SCOPE AND EXEMPTIONS
Application
2.1.
This bylaw applies to the geographical area of the District and to land, the surface of water, air
space, buildings, or structures in the District.
2.2.
This bylaw applies to the design, construction or occupancy of new buildings or structures, and
the alteration, reconstruction, demolition, removal, relocation or occupancy or change of use
or occupancy of existing buildings and structures, including:
(a) the installation, removal or alteration of plumbing and fire suppression systems or
fixtures; and
(b) the installation, removal or alteration of mechanical heating and ventilation systems for
commercial cooking systems, spray booths or wood working operations.
Section (c) added by Bylaw 1190
(c) the installation, removal or alteration of a Driveway for the provision of access and egress
to principal buildings for fire and emergency vehicles.
2.3.
Except where located within a development permit area under the District's Official
Community Plan or could possibly create a hazard, this bylaw does not apply to
(a) except as set out in Section 11 of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10m2;
(c) a trellis, arbour;
(d) a retaining wall supporting soil that is:
(i)
less than 1.22m in height,
(ii) a sequence of retaining walls less than 1.22 m in height spaced greater than two
horizontal to one vertical, or
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(iii) in the opinion of the building official does not constitute a potential unsafe
condition;
(e) landscaping or other surfacing of land, except when creating a public parking lot;
(f) bridges other than pedestrian and vehicular bridges attached to buildings;
(g) docks or wharves; and
(h) decks or patios which are less than 600mm from the ground or finished grade, which are
not attached to a building and have no walls or roofs;
(i) factory built housing and components complying with CAN/CSA-Z240 MH Series Standard,
but this exemption does not extend to on site preparations (foundation, anchorage),
connection to services and installation of appliances;
(j) repair and maintenance of lawfully-conforming structures where the level of life safety
and building performance shall not be decreased below a level that already exists;
(k) the cleaning and repair of mechanical heating and ventilation systems; and
(l) the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or the
replacement of tubs, showers, toilets, lavatories or sinks if the work does not involve or
require the rearrangement of valves, pipes or fixtures or hot water tanks.
Limited Application to Existing Buildings
2.4.
Except as provided in the Building Code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has been
constructed before the enactment of this bylaw, the enactment 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 enactment, standard, or bylaw.
2.5.
This bylaw applies if the whole or any part of an existing building is moved either within or into
the District, including relocation relative to parcel lines created by subdivision or consolidation.
Section 14 applies to building moves.
Section 2.6 deleted and replaced by Bylaw 1190
2.6.
If an alteration is made to an existing building or Driveway, the alteration must comply with
this bylaw and the Building Code but only to the extent necessary to address any new
infractions in the remainder of the building as a result of the alteration.
2.7.
If an alteration creates an addition to an existing building, the alteration or addition must
comply with this bylaw and the Building Code and the entire building must be made to comply
with this bylaw and the Building Code, but only to the extent necessary to address any new
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infractions introduced in the remainder of the building as a result of the alteration or addition
and all applicable enactments, standards, or bylaws.
3. DEFINITIONS
3.1.
In this bylaw, unless the context otherwise requires
"addition" means an alteration to any building which will increase the total aggregate floor area or the
building height (in storeys), and includes the provision of two or more separate buildings with openings
between each other for intercommunication;
"agent" includes a firm, corporation or other person representing the owner, by written designation or
contract, and includes a hired tradesperson or constructor who may be granted a permit for work within
the limitations of their licence;
"alternative solution" means an alternative solution authorized under the Building Code;
"alteration" means a change, repair or modification of the construction or arrangement of or use of any
building or structure, or to an occupancy regulated by this bylaw;
"attached" with reference to additions means connected to a building by a common footing, foundation
and roof system enclosing at least 50% of one exterior wall face of the addition;
"awning" means a retractable or non-retractable covering of non-rigid materials such as canvas or
similar fabric projecting from the exterior wall of a building;
"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 official" means the person designated in or appointed to that position by the District and
other such person or persons as they may designate from time to time as their assistants;
"Building Permit Security Deposit Policy" means the District's Building Permit Security Deposit Policy
as amended from time to time;
"canopy" means a non-retractable hood cover or marquee which projects from the wall of a building. It
does not include an awning, projecting roof, roof eaves, or enclosed structure;
"change of use or occupancy" means changing the use of a building, or portion of a building, to an
alternative use, even if no construction or alterations are anticipated;
"complex building" means
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(a) a building used for a major occupancy classified as
(i)
assembly occupancy;
(ii) care or detention occupancy;
(iii) high hazard industrial occupancy;
(iv) treatment occupancy; or
(v) post-disaster building;
(b) a building exceeding 600m2 in building area or exceeding three storeys in building height
used for a major occupancy classified as
(i)
residential occupancy;
(ii) business and personal services occupancy;
(iii) mercantile occupancy; or
(iv) medium and low hazard industrial occupancy;
"construct" or "construction" means to build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
"District" means the District of Lake Country;
"District Engineer" means the District of Lake Country Director of Engineering and Environmental
Services or designate;
Deleted and replaced by Bylaw 1257, 2025
"Driveway" means that portion of land located on private property which has been improved to provide
vehicular access to or from a property, starting from a property line onto the private property, and
continuing to a building for which a permit has been issued in accordance with District bylaws.
Deleted and replaced by Bylaw 1257, 2025
"Driveway Access" means that portion of land which has been improved to provide vehicular access to
or from a property, from a Highway between the curb or lateral lines of the Roadway to the adjoining
property line
"existing", in respect of a building, means the portion of a building constructed prior to the submission
of a permit application required under this bylaw;
"foundation" means a system or arrangement of foundation units through which the loads from a
building are transferred directly to supporting soil or rock and includes any portion of the exterior walls
of a building that lie below the finished grade immediately adjacent to the building;
"GHG" means greenhouse gas;
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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 2 in relation to Parts 3 through
10, Division B;
"manufactured home" means a mobile home or modular home as defined in this bylaw;
"marquee" means a roof type structure which projects from or above the exterior wall of a building
usually over the entrance to a public building such as a theatre on which there is usually a sign;
"mobile home" means a manufactured home constructed to the requirements of the CSA National
Standard CAN/CSA-Z240MH Series-09 or any preceding or replacement standard;
"modular home" means a manufactured home conforming to the requirements of the CSA National
Standard CAN/CSA A277-08 or any preceding or replacement standard for certified factory-built homes;
"on-site services" means utilities and features which provide for servicing a project within the property
on which it is located and includes water service piping and distribution systems, storm and sanitary
sewer collection, access roads, natural gas, electric and cable;
"off-site services" means services required pursuant to the District's Subdivision and Servicing Bylaw as
amended from time to time, that are required to be located on public road, public land or statutory
right-of-way at final approval of the subdivision or development as the case may be;
"owner" means the registered owner of an estate in fee simple of land, or an agent duly authorized by
the owner in writing in the prescribed form, and also where the context or circumstances so require
(a) a tenant for life under a registered life estate;
(b) a registered holder of an agreement for sale;
(c) a holder or occupier of land held in the manner mentioned in Sections 228 and 229 of the
Community Charter; or
(d) a lessee with authority to build on land;
"permit" means permission or authorization in writing by the building official to perform work
regulated by this bylaw and, in the case of a final inspection notice, to occupy a building or part of a
building;
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added by bylaw 1230, 2024
"plumbing fixtures" means a part that is attached to a system of pipes that carry water through a
building and includes, but is not limited to a toilet, water closet, sink, lavatory, bathtub, shower, hot
water tank, clothes washer, dishwasher, floor drain, roof drain, water heater, oil and grease interceptor,
sump, catch basin, backflow prevention device, fire suppression system sprinkler head, vacuum breaker
and any similar appliance which is connected to sanitary drain water supply or internal rain water
leader;
"professional design" means the plans and supporting documents bearing the date, seal or stamp, and
signature of a registered professional;
"project" means any construction operation;
"Public Works Manager" means the District of Lake Country Public Works Manager or designate;
"retaining wall" means any structure other than a building that holds or retains soil or other earth
material behind it;
"reviewed" means reviewed by the building official under the applicable provisions of the Building
Code and this bylaw;
"simple building" means a building of three storeys or less in building height, having a building area not
exceeding 600m2 and used for a major occupancy classified as
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy; or
(d) medium and low hazard industrial occupancy;
"Step Code" means the Energy Step Code as referenced in the British Columbia Building Code Section
9.36.6 as amended from time to time;
"structure" means a construction or portion of construction, of any kind, whether fixed to, supported
by or sunk into land, airspace or water, and includes foundations or supporting framework for exterior
signs, equipment and machinery, interior storage racking greater than 2.6m in height, retaining walls
greater than 1.22m in height, swimming pools and swimming pool fences, but specifically excludes
paving, fences, and landscaping;
"swimming pool" means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has a depth, at any point,
exceeding 600mm, including an in-ground pool and hot tub;
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"temporary building" includes a sales office, construction office or a structure in which tools are stored
during construction of a building or other structure;
"temporary residence" includes a manufactured home or existing single family dwelling which may be
occupied by the owners during construction of a residence;
"work" means the same as construction as defined in this bylaw.
3.2.
In this bylaw the following words and terms have the meanings
(a) set out in Section 1.4.1.2. of the Building Code as of the date of the adoption of this
bylaw: accessible assembly occupancy, building, building area, building height, business
and personal services occupancy, care occupancy, constructor, coordinating registered
professional, designer, detention occupancy, excavation, field review, firewall, first storey,
grade, high hazard industrial occupancy, industrial occupancy, low hazard industrial
occupancy, major occupancy, medium hazard industrial occupancy, mercantile
occupancy, occupancy, post disaster occupancy, private sewage disposal system,
registered professional, residential occupancy, treatment occupancy or unsafe condition;
(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.
3.3.
Every reference to this bylaw in this or another bylaw of the District is a reference to this
bylaw as amended to the date of the reference.
3.4.
Every reference to
(a) the Building Code is a reference to the current edition as of the date of issuance of the
building permit, and
(b) a section of the Building Code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
3.5.
Definitions of words and phrases used in this bylaw that are not included in the definitions in
this section 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.
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Severability
3.6.
If a section, subsection, paragraph, subparagraph or phrase in 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.
ACTIVITIES REQUIRING PERMITS
4.1.
A permit is required whenever works regulated by this bylaw are to be undertaken. Works
regulated by this bylaw include, but are not limited to the requirements of 8.1 of this bylaw.
PROHIBITIONS
Section 5.1 deleted and replaced by Bylaw 1190
5.1.
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change of use or occupancy of any building,
Driveway or structure, including other work related to construction:
(a) except in conformity with the requirements of the Building Code and this bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work under this
bylaw.
5.2.
A person must not occupy or permit the occupancy of any building or structure or part of any
building or structure
(a) unless a subsisting final inspection notice has been issued by a building official for the
building or structure or the part of the building or structure; or
(b) contrary to the terms of any permit issued or any notice given by a building official.
5.3.
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.
5.4.
Except in accordance with this bylaw, including acceptance of revised plans or supporting
documents, a person must not erase, alter or modify plans and supporting documents after
the same have been reviewed by the building official, or plans and supporting documents
which have been filed for reference with the building official after a permit has been issued.
5.5.
A person must not, unless authorized in writing by a building official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted or affixed to
a building or structure pursuant to this bylaw.
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5.6.
A person must not do any work that is substantially at variance with the reviewed design or
plans of a building, structure or other works for which a permit has been issued, unless that
variance has been authorized in writing by a building official.
5.7.
A person must not interfere with or obstruct the entry of a building official or other authorized
official of the District on property in the administration of this bylaw.
5.8.
A person must not construct on a parcel unless the civic address is conspicuously posted on
the front of the premises or on a sign post so it may be easily read from the public highway
from which it takes its address.
5.9.
A person must not contravene an administrative requirement of a building official made under
Section 8.6 or any other provision of this bylaw.
5.10.
A person must not change the use or occupancy of a building or structure or a part of a
building or structure without first applying for and obtaining a building permit under this
bylaw.
5.11.
A person must not cover or conceal any works required to be inspected under this bylaw
without first obtaining written acceptance from a building official.
5.12.
A person must not continue any work if a Stop Work Order is posted by a building official
other than the remedial actions required by the notice.
5.13.
A person must not occupy a building, structure, or part of a building or structure if a Do Not
Occupy Notice is posted by a building official.
PERMIT CONDITIONS
6.1.
A permit is required if work regulated under this bylaw is to be undertaken.
6.2.
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 District will in any way
(a) relieve the owner or agent from full and sole responsibility to perform the work in
respect of which the permit was issued in strict compliance with this bylaw, the Building
Code, and all other applicable enactments, standards, or bylaws;
(b) constitute a representation, warranty, assurance or statement that the Building Code,
this bylaw or any other applicable enactments, standards, or bylaws respecting safety,
protection, land use and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure meets any standard
of materials or workmanship.
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6.3.
The word "reviewed" on a District document related to a permit, permit application or a
procedure under this bylaw
(a) does not mean, signify or imply that the District has confirmed, sanctioned or approved
the design or construction; and
(b) means only that the District has reviewed for compliance with this bylaw.
6.4.
No person shall rely on any permit as establishing compliance with this bylaw or assume or
conclude that this bylaw has been administered or enforced according to its terms.
6.5.
Without limiting Section 6.2(a), it is the full and sole responsibility of the owner (and if the
owner is acting through a representative, the representative of the owner) to carry out the
work in respect of which the permit was issued in compliance with the Building Code, this
bylaw and all other applicable enactments, standards, or bylaws.
6.6.
A permit or an application for a permit that is in process may not be transferred or assigned
until the owner has notified the building official in writing, and paid the fee specified by the
District's bylaw. The transfer or assignment of a permit is not an extension of a permit.
6.7.
The review of plans and supporting documents and issuance of a permit do not prevent the
building official from thereafter requiring the correction of errors in those plans and
supporting documents, or from prohibiting construction or occupancy being carried on when
in violation of this or any other bylaw or enactment.
POWERS OF A BUILDING OFFICIAL
Administration
7.1.
Words defining the authority of building officials are to be construed as internal administrative
powers and not as creating a duty.
7.2.
A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices and orders issued, inspections and
tests made, and may retain copies of all papers and documents connected with the
administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of construction or
material used in the construction of a building or structure complies with the
requirements and provisions of this bylaw and the Building Code; 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
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submitted by the owner, or at the owner's sole expense, where such evidence or proof is
necessary to determine whether the material, equipment, device, construction or
foundation condition complies with this bylaw and the Building Code.
Right of Entry
7.3.
Subject to Section 16 of the Community Charter, a building official may enter any property at
any time to ascertain whether the requirements of this bylaw are being met, or if the building
official has any reason to believe that an unsafe condition exists.
Powers
7.4.
Subject to applicable enactments, a building official may, by notice in writing, require
(a) a person who contravenes any provision of this bylaw to comply with that provision
within the time ordered;
(b) an owner to stop work on a building or structure, or any part of a building or structure, if
the work is proceeding in contravention of this bylaw, the Building Code, or any other
enactment of the District or other applicable enactments, standards, or bylaws, or if there
is deemed to be an unsafe condition, and may enter any property to affix or post a Stop
Work Order in the prescribed form;
(c) an owner to remove or prevent any unauthorized encroachment on a public parcel, a
statutory right of way or easement, or a setback or yard required under an enactment;
(d) an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover and replace, at the owner's expense, any work that has been
covered without inspection contrary to this bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
(h) a person to cease any occupancy if any unsafe condition exists because of work being
undertaken but not complete and where the building official has not issued a final
inspection notice for the work;
(i) an owner to correct any unsafe condition; and
(j) an owner to correct any work that contravenes this bylaw, the Building Code, or any
other enactment.
7.5.
Every reference to "owner" in Section 7.4 includes a reference to the agent or constructor.
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7.6.
Every person served with a notice under this section must comply with that notice
(a) within the time ordered, or
(b) if no time is ordered, immediately.
OWNER'S RESPONSIBILITIES
8.1.
Subject to Section 11 of this bylaw, every owner must apply for and obtain a permit, prior to
(a) construction or placement of new buildings and structures;
(b) additions to buildings and structures;
(c) interior and exterior alterations of buildings and structures;
(d) construction of foundations for, and installation of, manufactured homes;
(e) installation of plumbing systems;
(f) alterations and additions to plumbing systems including the installation of solar hot water
systems;
(g) installation and alteration of fire protection sprinkler systems;
(h) placement or removal of fuel storage tanks;
(i) installation of temporary buildings, including fabric covered structures;
(j) installation or alteration of mechanical exhaust and fire protection systems for
commercial cooking equipment pursuant to NFPA 96 Ventilation Control and Fire
Protection of Commercial Cooking Operations;
(k) installation or alteration of spray booths or spray room equipment pursuant to NFPA 33
and wood dust collection to systems to NFPA 664;
(l) construction, installation, or alteration of chimneys or fireplaces;
(m) installation of solid fuel burning appliances;
(n) deleted by Bylaw 1230, 2024
(o) deleted by Bylaw 1230, 2024
(p) construction or structural repairs of retaining walls
(i) over 1.22 m in height measured from the lowest grade;
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14
(ii) a sequence of retaining walls less than 1.22 m in height but spaced less than two
horizontal to one vertical, or
(iii) in the opinion of the building official constitutes a potential unsafe condition;
(q) construction of foundations for, and installation of, moved buildings;
deleted and replaced by Bylaw 1230, 2024
(r) construction of swimming pool fences;
(s) change use or of occupancy classification for a building or part of a building;
deleted and replaced by Bylaw 1230, 2024
(t) construction of on-site services;
(u) the moving of buildings into or within the District;
(v) construction of a new secondary or accessory suite;
(w) any structural change, alteration, or repair to any building or structure;
(x) demolition of buildings or structures;
(y) sign structures including free-standing signs, awnings, canopies, or marquees;
Item (z) added by Bylaw 1190
(z) construction, installation, alternation or removal of a new or existing Driveway;
added by Bylaw 1230, 2024
(aa) installation or addition of solar energy systems.
unless the works are the subject of another valid and subsisting building permit.
8.2.
Every owner must ensure that plans submitted with a permit application bear the name,
phone number, address and email address of the designer of the building or structure.
Owner's Obligations
8.3.
Every owner must
(a) comply with the Building Code, the requirements of this bylaw and the conditions of a
permit, and must not omit any work required by the Building Code, this bylaw, or the
conditions of a permit;
(b) ensure that all permits, all plans, and specifications and supporting documents on which a
permit was based, all municipal inspection certificates, and all professional field reviews
are available at the site of the work for inspection during working hours of the building
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official, and that all permits are posted conspicuously on the site during the entire
execution of the work;
(c) prior to the issuance of a building permit, execute and submit to the District an owner's
undertaking in the prescribed form, where required by the building official; and
Item (d) added by Bylaw 1190
(d) prior to the issuance of a building permit under Part 9 of the Building Code, satisfy the
building official that the building or structure for which the permit is issued will be
served by an appropriate fire access route, in accordance with the BCBC or as directed by
the building official.
8.4.
Every owner and every agent, must carry out construction or have the construction carried
out in accordance with the requirements of the Building Code, this bylaw, and other bylaws of
the District and none of the issuance of a permit under this bylaw, the review of plans and
supporting documents, or inspections made by a building official or a registered professional
shall relieve the owner or agent, from full and sole responsibility to perform the work in strict
accordance with this bylaw, the Building Code and all other enactments, standards, or bylaws.
8.5.
Every owner must allow a building official to enter any building or premises at any reasonable
time to administer and enforce this bylaw. Every owner to whom a permit is issued must,
during construction,
(a) post a civic address on the property so that it may be easily read from the public highway
from which the property takes its address;
(b) post the green permit card on the property so that it may be easily read from the public
highway from which the property takes its address;
(c) provide building officials with safe access to the work site and all areas requiring
inspection; and
(d) provide adequate permanent or portable washroom facilities on the construction site
until the construction is complete.
Damage to Municipal Works
8.6.
Every owner to whom a permit is issued is responsible for the cost to repair any damage to
municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
8.7.
In addition to payment of a security deposit under the Building Permit Security Deposit Policy,
every owner must pay to the District, within 30 days of receiving an invoice for same from the
District, the cost to repair any damage to public property or works located on public property
arising directly or indirectly for which a permit was issued.
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Notice
8.8.
Every owner must, at least 24 hours prior to commencing work at a building site, give written
or online notice to a building official of the date on which the owner intends to begin such
work.
8.9.
Every owner must give written or online notice to a building official of any change in or
termination of engagement of a registered professional, including a coordinating registered
professional, during construction, within 24 hours of when the change or termination occurs.
8.10.
If an owner or a registered professional terminates the engagement of the registered
professional, including a coordinating registered professional, the owner must terminate all
work under a building permit until the owner has engaged a new registered professional,
including a coordinating registered professional, and has delivered to a building official new
letters of assurance in the form of a Schedule B as outlined in the Building Code.
8.11.
Without limiting Sections 11.38 to 11.45, every owner must give at least 24 hours online 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.
8.12.
Every owner must give notice in writing to a building official and pay the non-refundable fee
set out in the District's bylaws immediately upon any change in ownership or change in the
address of the owner which occurs prior to the issuance of an occupancy permit.
8.13.
Every owner must give such other notice to a building official as may be required by the
building official or by a provision of this bylaw.
8.14.
Every owner shall obtain, prior to the occupancy of a building and structure, or part thereof,
written permission from the building official to occupy the building, or part thereof, pursuant
to Section 11.
OBLIGATIONS OF OWNER'S CONSTRUCTOR
9.1.
Every constructor must ensure that all construction is done in compliance with all
requirements of the Building Code, this bylaw, and all other applicable enactments, standards,
or bylaws.
9.2.
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public or public property is disturbed, no building or structure erected,
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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.
9.3.
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.
REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
10.1.
The provision by the owner to the District of letters of assurance in accordance with the
requirements of the Building Code shall occur prior to
(a) the pre-occupancy site review coordinated by the coordinating registered professional or
other registered professional for a complex building; or
(b) a final inspection for a simple building in circumstances where letters of assurance have
been required in accordance with the requirements of the Building Code, in which case
the owner must provide the District with letters of assurance in the form of Schedules C-
A or C-B, as appropriate, as outlined in the Building Code.
10.2.
If a registered professional provides letters of assurance in accordance with the Building Code,
they must also provide proof of professional liability insurance to the building official in the
form and amount set by the prescribed form.
Requirement for a Registered Professional
10.3.
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A , B, C-A and C-B as referred to
in the Building Code, in respect of a permit application
(a) prior to the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building; or
(b) prior to a final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of the Building Code,
in which case the owner must provide the District with letters of assurance in the form of
Schedules C-A or C-B, as appropriate, referred to in the Building Code;
(c) foundation and excavation components of new simple buildings and additions greater
than 55m2 to simple buildings in accordance with the Building Code, except where an
unsafe condition may exist;
(d) a building that is designed with common egress systems for the occupants and requires
the use of firewalls in accordance with the Building Code;
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(e) prior to alterations to a building, or to structural components of a building described in
paragraph (b);
(f) for a building in respect of which the building official determines that site conditions, size
or complexity so warrant in the interests of safety of persons or protection of property
under the Building Code;
(g) if the building envelope components of the building fall under Division B Part 3 of the
Building Code, the building contains more than 5 (five) dwelling units, or if the building
envelopes do not comply with the prescriptive requirements of Division B Part 9 of the
Building Code; and
(h) for a parcel of land on which a building or structure is proposed if the building official
believes the parcel is or is likely to be subject to flooding, mud flows, debris flows, debris
torrents, erosion, land slip, rock falls, subsidence, or avalanche, and the requirements for
a professional design is in addition to a requirement under Part 3, Division 8 of the
Community Charter
(i)
for a report certified by a professional engineer with experience in geotechnical
engineering that the parcel may be used safely for the use intended, and
(ii) that the plans submitted with the application comply with the relevant provisions of
the Building Code and applicable bylaws of the District.
10.4.
The building official may require any registered professional carrying out the professional
design and field review required under Section 10.1 to 10.8 to provide evidence that they have
experience and expertise in respect of the professional design and field review of the context
and scope required and at the discretion of the building official, a peer review may be
required prior to the acceptance of any design or field reviews conducted by a registered
professional.
Professional Plan Certification
10.5.
The letters of assurance in the form of Schedules A and B as referred to in the Building Code
and referred to in Sections 10.1 and 10.3 are relied upon by the District and its building
officials as certification that the design and plans to which the letters of assurance refer
comply with the Building Code, this bylaw, and other applicable enactments, standards, or
bylaws.
10.6.
Letters of assurance must be in the form of Schedules A and B referred to in the Building Code.
10.7.
For a building permit issued for the construction of a complex building, the building official
shall provide the owner with a notice that the building permit is issued in reliance on the
certification of the registered professional that the professional design and plans submitted in
support of the application for the building permit comply with the Building Code and other
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19
applicable enactments, standards, or bylaws. Any failure on the part of the building official to
provide the owner with the notice will not diminish or invalidate the reliance by the District or
its building officials on the registered professionals.
10.8.
If a building permit is issued for a construction involving registered professionals, the permit
fee is to be reduced as prescribed within the District's Bylaws.
Alternative Solutions
10.9.
An owner who wishes to provide alternative solutions to satisfy one or more of the
requirements of the Building Code or this bylaw must submit sufficient evidence, certified by a
professional engineer or architect, to demonstrate that the proposed alternative solutions will
provide the level of performance required by the Building Code or this bylaw and pay the fee
specified in the District's bylaws.
Deleted and replaced by Bylaw 1230, 2024
APPLICATIONS
Requirements Before Applying for a Building Permit
Deleted and replaced by Bylaw 1230, 2024
11.1.
An application for a building permit, filed with the Building Official, shall:
(a) be in a form prescribed by the District;
(b) be signed by the Owner;
(c) be accompanied by the applicable fee as per Fees and Charges bylaw;
(d) be accompanied by an Owner's undertaking or letters of authorization, as required;
(e) state the intended use or uses of the building or part thereof;
(f) state the true value of the proposed work;
(g) contain any other information necessary to satisfy the Building Official that when
completed, the work and the proposed building or structure will comply with this bylaw,
and all other applicable District bylaws;
(h) except for alteration applications, be accompanied by a current title or State of Title
Certificate including any referenced covenants and statutory rights-of-way.
Requirements Prior to Issuance of a Building Permit
Deleted and replaced by Bylaw 1230, 2024
11.2.
A building permit shall be issued to the owner, if the Building Official is satisfied that:
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(a) the building or structure which is the subject of a building permit application will comply
with this bylaw, all other applicable District bylaws and all other applicable enactments;
(b) development approval from the District has been obtained, as required;
(c) where a project impacts or triggers District bylaws such as the Subdivision and
Development Servicing Bylaw, or water and sewer regulatory bylaws, approval from the
District's Engineering Department has been obtained, as required ; and
(d) an Owner/Builder Declaration and Disclosure Notice with proof of being a license
residential building with coverage by home warranty where required by the Homeowner
Protection Act, has been filed.
Added by Bylaw 1257, 2025
(e) The grade transition from a driveway access to a driveway on private property does not
create safety issues for vehicles and traffic entering or using the District Highway.
11.3.
The requirements in Section 11.2 are subject to the requirements of the District's Zoning
Bylaw and all other applicable enactments, standards, or bylaws.
Building Permit Applications for Complex Buildings
11.4.
An application for a building permit with respect to a complex building must
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaws;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
(c) be accompanied by the owner's acknowledgement of responsibility and undertaking in
the prescribed form provided by the District and signed by the owner, or a signing officer
if the owner is a corporation;
(d) include a copy of a title search for the relevant property made within 30 days of the date
of the permit application;
(e) include a Building Code compliance summary including the applicable edition of the
Building Code, such as without limitation whether the building is designed under Part 3 or
Part 9 of the Building Code, major occupancy classification(s) of the building, building
area, and building height, number of streets the building faces, and accessible entrances,
work areas, washrooms, firewalls and facilities;
(f) include a copy of a survey plan prepared by a British Columbia Land Surveyor, except that
the building official may waive the requirement for a survey plan, in whole or in part,
where conditions warrant;
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(g) include a construction fire safety plan, material staging and trucking route plan;
(h) include a site plan prepared by a registered professional showing: (all dimensions are to
be shown in metric and imperial measurements)
(i)
the bearing and dimensions of the parcel taken from the registered subdivision plan;
(ii) the legal description and civic address of the parcel;
(iii) the location and dimensions of existing and proposed statutory rights of way,
covenant areas, easements and setback requirements, adjacent streets and lane
names;
(iv) the location and dimensions of existing and proposed buildings or structures on the
parcel;
(v) setbacks to the natural boundary of any lake, swamp, pond, or watercourse;
(vi) north arrow;
(vii) if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system, or storm water drainage
system;
(viii) zoning compliance summary;
(ix) the location, dimensions, and gradient of parking and driveway access;
(x) proposed and existing setbacks to property lines;
(xi) geodetic natural and finished grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to ascertain
foundation height;
(xii) first storey floor elevation based on geodetic datum;
(xiii) location, setbacks, and elevations of all retaining walls, steps, stairs, and decks;
(xiv) line of upper floors;
(xv) location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi) location of existing and proposed service connections;
(xvii) location and species of all trees greater than 10cm in diameter;
(xviii) location of top bank and water courses;
(xix) access routes for firefighting;
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(xx) accessible paths of travel from the street to the building;
(xxi) geodetic elevation of the underside of a wood floor system or the top of a finished
concrete slab of a building or structure where the District's land use regulations or
Provincial flood mapping regulations establish siting requirements related to
minimum floor elevation;
except that the building official may waive, in whole or in part, the requirements for a site
plan, if the permit is sought for repair or alteration of an existing building or structure;
(i) include floor plans showing the dimensions and uses and occupancy classification of all
areas, including:
(i)
the dimensions and height of crawl and roof spaces;
(ii) the location, size, and swing of doors;
(iii) the location, size, and opening of windows;
(iv) floor, wall, and ceiling finishes;
(v) fire separations;
(vi) plumbing fixtures;
(vii) structural elements; and
(viii) stair dimensions;
(j) include a minimum of two cross-sections through the building or structure in sufficient
detail and locations to illustrate foundations, drainage, ceiling heights, and construction
systems, including thermal and building envelope assemblies;
(k) include elevations of all sides of the building or structure showing finish details, roof
slopes, windows, doors, natural and finished grade, spatial separations, and ridge height
to comply with the Building Code and to illustrate that the building or structure conforms
with the District's Zoning Bylaw and development permit area guidelines;
(l) include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building conforms to the Building Code;
(m) include all other requirements of Sections 2.2.1., 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9,
Division C of the Building Code;
(n) include copies of approvals required under any enactment relating to health and safety,
including, without limitations, sewage disposal permits, highway access permits, and
Ministry of Health approvals;
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(o) include letters of assurance in the form of Schedule A referred to in the Building Code,
signed by the owner, or a signing officer if the owner is a corporation, and the
coordinating registered professional;
(p) include letters of assurance in the form of Schedule B referred to in 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;
(q) include two sets of drawings at a suitable scale of the design prepared by each registered
professional containing the information set out in (g) to (l) of this section;
(r) include fire flow calculations confirming adequate water supply for firefighting;
(s) include illustration of any slopes on the subject parcel that exceed 10%; and
(t) include all documentation required by District procedures, as amended from time to
time.
11.5.
In addition to the requirements of Section 11.4 of this bylaw, a building official may require
the following to be submitted with a permit application for the construction of a complex
building if the complexity of the proposed building or structure or siting circumstances
warrant
(a) site servicing drawings, including sufficient detail of off-site services to indicate locations
at the property line, prepared and sealed by a registered professional, in accordance with
the District's Subdivision and Development Servicing Bylaw;
(b) a section through the site showing grades, buildings, structures, parking areas, and
driveways; and
(c) any other information required by the building official or the Building Code to establish
substantial compliance with this bylaw, the Building Code, and other applicable
enactments, standards, or bylaws relating to the building or structure.
Building Permit Applications for Simple Buildings
11.6.
An application for a building permit with respect to a simple building must
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaws;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
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(c) be accompanied by the owner's acknowledgement of responsibility and undertaking in
the prescribed form provided by the District and signed by the owner, or a signing officer
if the owner is a corporation;
(d) include a copy of a title search for the relevant property made within 30 days of the date
of the permit application;
(e) include a copy of a survey plan prepared by a British Columbia Land Surveyor except that
the building official may waive the requirement for a survey plan, in whole or in part,
where conditions warrant;
(f) include a site plan showing: (all dimensions are to be shown in metric and imperial
measurements)
(i)
the bearing and dimensions of the parcel taken from the registered subdivision plan;
(ii) the legal description and civic address of the parcel;
(iii) the location and dimensions of existing and proposed statutory rights of way,
easements, covenant areas, and setbacks requirements, adjacent streets and lane
names;
(iv) the location and dimensions of existing and proposed buildings or structures on the
parcel;
(v) setbacks to the natural boundary of any lake, swamp, pond, or watercourse;
(vi) north arrow;
(vii) if applicable, location of an approved existing or proposed alternative private or
other sewage disposal system, water supply system, or storm water drainage system;
(viii) the location, dimensions, and gradient of parking and driveway access;
(ix) proposed and existing setbacks to property lines;
(x) geodetic natural and finished grade at building corners and datum determination
points;
(xi) on-site storm water management;
(xii) first storey floor elevation based on geodetic datum;
(xiii) location, setbacks, and elevations of all retaining walls, steps, stairs and decks;
(xiv) line of upper floors;
(xv) location and elevation of curbs, sidewalks, manholes, and service poles;
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(xvi) location of existing and proposed service connections;
(xvii) location and species of all trees greater than 10cm in diameter;
(xviii)
location of top bank and water courses;
(xix) access routes for firefighting;
(xx) accessible paths of travel from the street to the building;
(xxi) zoning compliance summary; and
(xxii) the geodetic elevation of the underside of a wood floor system or the top of a
finished concrete slab of a building or structure where the District's land use
regulations or Provincial flooding mapping regulations establish siting requirements
related to minimum floor elevation,
except that for a simple building the building official may waive, in whole or in part, the
requirements for a site plan if the permit is sought for the repair or alteration of an
existing building;
(g) include floor plans showing the dimensions and uses of all areas, including:
(i)
the dimensions and height of crawl and roof spaces;
(ii) the location, size, and swing of doors;
(iii) the location, size, and opening of windows;
(iv) floor, wall, and ceiling finishes;
(v) plumbing fixtures;
(vi) structural elements; and
(vii) stair dimensions;
(h) include a minimum of two cross-sections through the building or structure in sufficient
detail and locations to illustrate foundations, drainage, ceiling heights, and construction
systems, including thermal and building envelope assemblies;
(i) include elevations of all sides of the building showing finish details, roof slopes, windows,
doors, the grade, the maximum building height line, ridge height, spatial separations, and
natural and finished grade to comply with the Building Code and to illustrate that the
building or structure conforms with the District's Zoning Bylaw and Official Community
Plan;
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(j) include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building or structure substantially conforms to the Building Code;
(k) include copies of approvals required under any enactment relating to health and safety,
including, without limitations, sewage disposal permits, highway access permits, and
Ministry of Health approvals;
(l) 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 two sets of drawings at a suitable scale of design including the information set out
in (f) to (i) of this section;
(n) include a Building Code compliance report, including Step Code requirements as per
Section 17 summary including the applicable edition of the Building Code, such as,
without limitation, whether the building is designed under Part 3 or Part 9 and
compliance with article 2.2.2.1.(2), Division C of the Building Code; and
(o) include all documentation required by District procedures, as amended from time to
time.
11.7.
In addition to the requirements of Section 11.5 of this section, if a project involves
(a) two or more buildings, the gross floor areas of which in the aggregate total more than
1000m2;
(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting circumstances
warrant;
(d) a building official may require the following be submitted with a permit application for
the construction of each simple building in the project:
(i)
a section through the site showing grades, buildings, structures, parking areas and
driveways;
(ii) a roof plan and roof height calculations;
(iii) structural, electrical, plumbing, mechanical, or fire suppression drawings prepared
and sealed by a registered professional;
(iv) letters of assurance in the form of Schedule B referenced in the Building Code,
signed by a registered professional; and
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(v) any other information required by the building official or the Building Code to
establish substantial compliance with this bylaw, the Building Code, and other
applicable enactments, standards, or bylaws relating to the building or structure.
Site and Location Information
11.8.
Without limiting Sections 11.4(h) or 11.6(f) of this section, the building official may in writing
require an owner to submit an up-to-date plan or survey prepared by a British Columbia Land
Surveyor which contains sufficient information respecting the site and location of any building
to
(a) establish, before construction begins, that all the provisions of this and other applicable
bylaws in relation to this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other applicable
bylaws 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;
(d) in relation to construction of a new building, or addition to an existing building, prior to
and after the placement of concrete for foundations and footings, show the elevation at
proposed top of concrete on all building elevations and at all significant changes of
elevation to substantiate its size, location, and elevation; and
Item (e) added by Bylaw 1190
(e) in relation to an existing building, construction of a new building or an addition to an
existing building, show the location, dimension and gradient of parking, Driveway and
Driveway Access;
and every person served with a written requirement under this section must comply with this
requirement.
11.9.
An application for a permit may be refused when
(a) any of the requirements of this section have not been satisfied;
(b) the proposed construction would contravene the requirements of the Building Code or
the provisions of this or any other bylaw of the District; or
(c) the applicant or owner has been notified of a violation of this or any other bylaw of the
District with regard to construction, occupancy or use of any building, structure or part
thereof, and such violation has not been remedied.
Building Permit Fee
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11.10.
Before receiving a building permit for a building or structure, the owner must first pay to the
District
(a) the building permit fee prescribed in the District's bylaws; and
(b) any other fees, fines or penalties, charges, levies, or taxes imposed by the District and
payable under an enactment at the time of issuance of the building permit.
11.11.
The application fee shall be credited against the permit fee when the permit is issued.
Valuation for Permit
11.12.
The valuation of construction set out in the application for a permit shall be the total current
monetary worth of all construction or work related to the building or structure, and shall
include
(a) site preparation and civil work including excavation and the use of hoisting, pile driving,
compaction, or erection devices;
(b) all design documents, labour, and fees involved in the design, investigative testing,
consulting services, construction labour, and management, even if provided by the
owner, or donated voluntarily by others, contractor's profit and overhead, sales taxes,
and the construction insurance; and
(c) all mechanical, electrical, plumbing, drainage, and gas installations necessary for the
carrying out of the construction to its completed form.
11.13.
The building official may place a value on the construction or work for the purposes of
determining applicable permit fees by using an appropriate method from the "Marshall
Valuation Services" publications with the updated "current cost multipliers," or such universal
source of calculating valuation as the building official deems reasonable, practical, and
expedient.
Security Deposit with Building Permit Application
11.14.
An applicant for a building permit must pay to the District, at the time of application, a
security deposit in accordance with the Building Permit Security Deposit Policy.
Permit Fee Refunds
11.15.
No fee or part of a fee paid to the District may be refunded if construction of the building has
commenced.
11.16.
The building official may approve a refund of an application fee or portion thereof only if plan
checking has not commenced.
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11.17.
A building permit or other permit fee may be partially refunded as set out in the District's
bylaws, only if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction of the
building or structure; and
(c) the permit has not expired.
11.18.
A building permit or other permit fee is not refundable after the permit has been extended
under Section 11.58 of this section.
11.19.
Except as otherwise provided in this bylaw, all fees and charges paid or payable under this
bylaw shall be non-refundable.
Design Modification
11.20.
If an issued building permit or other permit is active and the owner proposed modification to
the building design whereby the value of the work does not increase or the value of the work
decreases, the owner must pay to the District a building permit fee based on the plan review
rate set out in the District's bylaws.
Construction Before Permit Issued
11.21.
The building permit or other permit fee is doubled for every permit application if construction
commenced before the building official issued a permit.
11.22.
If construction has advanced without inspection to a stage where compliance with this bylaw
or other applicable enactments, standards, or bylaws cannot be readily determined, the
building official may require tests and investigations by an independent agency at the owner's
expense to establish compliance or provide recommended remedial measures to be taken,
prior to the issuance of a permit.
Expiration of Application for a Permit
11.23.
A building permit or permit application expires 180 days from a date an application is received
under this section if the building permit or permit is not issued by the application expiration
date, unless the permit is not issued only due to delays caused by the District.
11.24.
When an application is cancelled
(a) the application fee is forfeited to the District; and
(b) the plans and related documents submitted with the application will be destroyed. The
applicant will be notified that the application has been cancelled and will be given 30 days
to retrieve plans and related documents.
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Refusal to Issue Permit
11.25.
The building official may refuse to issue a permit where in their opinion
(a) the proposed work will contravene the requirements of the Building Code or the
provisions of this or any other bylaw of the District;
(b) the applicant or owner has been notified of a violation of this or any other bylaw of the
District with regard to the construction, occupancy, or use of any building, structure, or
part thereof, and such violation has not been remedied;
(c) the results of the tests on materials, devices, construction methods, structural
assemblies, or foundation conditions are not satisfactory to the building official; or
(d) the parcel referred to in the permit application does not
(i)
have vehicular access; or
(ii) meet requirements of other District bylaws;
such permit refusal must be in writing and sent to the permit applicant.
Issuance of a Building Permit
11.26.
Each building, structure, or part thereof constructed on a site requires a separate permit and
shall be assessed a separate permit fee based on the value of that building, structure, or part
thereof.
11.27.
If
(a) a completed application in compliance with Sections 11.1, 11.2 to 11.4 or 11.5 to 11.6,
including all required supporting documentation, has been submitted;
(b) the owner has paid all applicable fees set out in Sections 11.10 and 11.14 and the
District's bylaws;
(c) the owner or their representative has paid all charges, penalties, or fines and met all
requirements imposed by any other enactment or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under this
bylaw;
(e) the owner has retained an architect if required under this bylaw; and
(f) no covenant, agreement, resolution, or regulation of the District requires or authorizes
the permit to be withheld,
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the building official must issue the permit, in the prescribed form provided by the District, for
which the application is made, and the date of issuance is deemed to be the date the permit
has been picked up by the owner.
Compliance with the Homeowner Protection Act
11.28.
If the application in respect of a building that includes, or will include, a residential occupancy
governed by the Homeowner Protection Act, the building permit must not be issued unless the
owner provides evidence under Section 30(1) of the Homeowner Protection Act, that the
proposed building
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed "residential builder" as defined in that Act.
11.29.
Section 11.28 of this section does not apply if the owner is not required to be licensed and to
obtain home warranty in accordance with Sections 20(1) or 30(1) of the Homeowner
Protection Act.
11.30.
Every permit is issued subject to the owner and constructor maintaining compliance with the
Homeowner Protection Act and negotiations under it during the term of the permit.
Partial Permits
11.31.
The building official may issue a permit for a portion of a building or structure before the
design, plans and supporting documents for the entire building or structure have been
reviewed provided sufficient information has been provided to the District to demonstrate to
the building official that the portion authorized to be constructed substantially complies with
this and other applicable District bylaws and the permit fee applicable to that portion of the
building or structure has been paid. Notwithstanding the issuance of the permit, the
requirements of this bylaw shall apply to the remainder of the building or structure as if the
permit for the portion of the building or structure had not been issued.
11.32.
If a site has been excavated under a building permit for excavation issued under this bylaw and
a building permit is not subsequently issued or a subsisting building permit has expired under
Section 11.56, but without the construction of the building or structure for which the building
permit was issued having commenced, the owner must fill in the excavation to restore the
original gradients to the site within 60 days of being served notice by the District to do so.
11.33.
If a building permit with partial commencement of construction has discontinued for more
than 90 days or when the permit has expired, been revoked, or cancelled with no extension
requested of the building official under Section 11.59, every owner must install permanent
type fencing with privacy screen complying with the District's Zoning Bylaw around the
building site for protection to the public.
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Conditions of a Building Permit
11.34.
A building permit or an application for a building permit that is in process may not be
transferred or assigned until the owner has notified the building official in writing, the
building official has authorized the transfer or assignment in writing and the owner has paid
the non-refundable fee required in the District's bylaws. The transfer or assignment of a
building permit is not an extension of a building permit.
11.35.
The review of plans and supporting documents and issuance of a building permit do not
prevent the building official from subsequently requiring the correction of errors in the plans
and supporting documents, or from prohibiting building construction or occupancy being
carried on when in violation of this or another bylaw.
Inspections
11.36.
Despite the requirement for the building official's acceptance of the work outlined in Section
11.39, if a registered professional provides letters of assurance, the District will rely solely on
field reviews undertaken by the registered professional and the letters of assurance submitted
pursuant to this bylaw as assurance that the aspects of the construction referenced by those
letters of assurance substantially conform to the design, plans, and specifications and that the
construction complies with the Building Code, this bylaw and other applicable enactments,
standards, or bylaws respecting safety. Copies of all field reviews must be submitted to the
District.
11.37.
Despite Section 11.36 of this section, a building official may attend the site from time to time
during the course of construction to ascertain that the field reviews are taking place and to
monitor the field reviews undertaken by the registered professionals.
11.38.
A building official may attend periodically at the site of the construction of simple buildings or
structures to ascertain whether the work is being carried out in substantial conformance with
the Building Code, this bylaw, and any other applicable enactments, standards, or bylaws
concerning safety.
11.39.
For all work in respect of simple buildings the owner must give at least 24 hours notice to the
District when requesting an inspection and must obtain an inspection and receive a building
official's written acceptance of the following aspects of the work prior to concealing them:
(a) after demolition, the grading and removal of debris from the site;
(b) footings, after preparation for footings are complete, prior to placement of concrete;
(c) foundation, after forms for foundation walls are completed, prior to placement of
concrete;
(d) backfill, after damp-proofing and foundation drainage are in place, prior to backfilling;
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(e) sanitary sewer service, after sewer line is in place and under test, prior to backfilling;
(f) domestic water service, after the water service lines are in place and water has been
turned on, prior to backfilling;
(g) under-slab plumbing, prior to inspection under Section 11.38 (h), plumbing located below
the finished slab level;
(h) under-slab, after slab preparation for soil gas requirements, the preparation of ground,
including ground cover when required, perimeter insulation of concrete foundation walls
are in place, prior to covering;
(i) installation of rough-in plumbing, when complete and under test, prior to covering;
(j) 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;
(k) insulation, air, and vapour barrier, after all insulation and vapour barrier is in place, prior
to any lath or other interior finish being applied which conceal the work;
(l) on-site constructed tubs or showers and tub or shower trap tests;
(m) occupancy and final, after the health and safety aspects of the work and the
conservation, GHG emissions reduction and accessibility aspects of the work when the
building or structure is substantially complete, ready for occupancy but prior to
occupancy; and
Added by Bylaw 1190
(n) the location, dimensions and gradient of parking and Driveway and access routes for
firefighting.
11.40.
Where required, additional inspections may be required in the following cases:
(a) retaining walls shall be inspected in accordance with Section 13 of this bylaw;
(b) moving of buildings shall be inspected in accordance with the requirements of Section 14
of this bylaw.
Deleted and replaced by Bylaw 1230, 2024
(c) swimming pools fences shall be inspected upon completion and prior to filling the pool
with water pursuant to Section 16 of this bylaw;
(d) on-site services shall be inspected in accordance with Section 19 and any other
inspections that may be required pursuant to this bylaw;
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(e) awnings, canopies, or marquees shall be inspected in accordance pursuant to Section 21
of this bylaw;
(f) manufactured home parks, campgrounds, and RV parks shall require inspections
pursuant to Section 22 of this bylaw;
11.41.
A building official will only carry out an inspection under Section 11.39 if the owner or agent
has requested the inspection online or by phoning the designated inspection line in
accordance with this bylaw.
11.42.
No person may conceal any aspect of the work referred to in Section 11.39 of this bylaw until a
building official has accepted it in writing.
11.43.
For work in respect of complex buildings, the owner must
(a) give at least 24 hours notice to the District online or by phoning the designated inspection
line when requesting a pre-construction meeting with the building official prior to the
start of construction, and the owner or their representative must ensure that the
coordinating registered professional, the constructor, as well as representatives of major
trades, are in attendance;
(b) give at least 24 hours notice to the District online or by phoning the designated inspection
line when requesting a pre-occupancy coordinated by the coordinating registered
professional or other registered professional to have the owner, the constructor, and the
registered professionals demonstrate to the building official and District's Fire
Department the compliance with the health and safety aspects of the work, the
coordination and integration of the fire and life safety system, applicable District
requirements and other applicable enactments, standards, or bylaws respecting safety
and the conservation, GHG emissions, 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 official the Confirmation of Required
Documentation described in the prescribed form provided by the District.
Orders and Notices
11.44.
The building official may issue such written notices or orders as the building official considers
necessary to inform the owner of a contravention of this bylaw.
11.45.
A notice or order shall state the nature of the contravention and the date or phase of
construction before which the contravention must be remedied.
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11.46.
A copy of the notice or order shall be sufficiently served if mailed to the owner at the address
appearing on the records of the Assessment Authority of British Columbia for the parcel to
which the notice or order relates.
Stop Work Orders
11.47.
The building official may direct the immediate suspension or correction of all or a portion of
the construction on a building or structure by attaching a Stop Work Order on the premises
when it is found that the work is not being performed in accordance with the requirements of
the Building Code, any applicable bylaw of the District or the applicable provisions of the
Homeowner Protection Act.
11.48.
The coordinating registered professional may request, in writing, that the building official
order the immediate suspension or correction of all of a portion of the construction on a
building or structure by attaching a Stop Work Order on the premises. The building official
must consider such request and, if not acted upon, must respond, in writing, to the
coordinating registered professional and give reasons.
11.49.
If a registered professional's services are terminated, the owner must immediately stop any
work that is subject to their design or field review and the building official is deemed to have
issued a Stop Work Order under Section 11.47.
11.50.
The owner must immediately, after the posting of a notice under Section 11.47, secure the
construction and the lands and premises surrounding the construction in compliance with the
safety requirements of every statute, regulation, or order of the Province or of a Provincial
agency and of every applicable bylaw of the District.
11.51.
Subject to 11.47, no work other than the required remedial measures may be carried out on
the parcel affected by the notice referred to in Section 11.47 until the Stop Work Order has
been removed by the building official.
11.52.
The notice referred to in Section 11.47 must remain posted on the premises until that which is
contrary to the applicable enactments, standards, or bylaws has been remedied.
Do Not Occupy Notice
11.53.
If a person occupies a building or structure or part of a building or structure in contravention
of this bylaw, a building official may post a Do Not Occupy Notice on the affected part of the
building or structure.
11.54.
If a notice is posted under Section 11.53, the owner of a parcel on which a Do Not Occupy
Notice has been posted, and every other person, must cease occupancy of the building or
structure immediately and refrain from further occupancy until all applicable provisions of the
Building Code and this bylaw have been substantially complied with and the Do Not Occupy
Notice has been rescinded in writing by a building official.
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Inspection and Other Fees
11.55.
In addition to the fees required under other provisions of this bylaw, the owner must pay the
non-refundable fee set out in the District's bylaws 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 visit is required for any required inspection;
(b) a special inspection during the District's normal business hours to establish the condition
of a building, or if an inspection requires special arrangements because of time, location,
or construction techniques; and
(c) an inspection required under this bylaw which cannot be carried out during the District's
normal business hours.
Permit Expiration
11.56.
Every permit is issued on the condition that the permit expires and the rights of the owner
under the permit terminate if
(a) the work authorized by the permit is not commenced within 180 days from the date of
issuance of the permit unless extended under Section 11;
(b) work is discontinued for a period of 180 days; or
(c) the work is not completed within three years of the date of issuance of the permit.
11.57.
Where a permit has expired, the work shall cease and the construction shall be removed,
unless a new permit application is made within 180 days of the expiry date of the permit.
11.58.
Where a permit has expired, and a new permit application is made, all construction shall
comply with this bylaw, the Building Code, and any other enactments, standards, or bylaws in
force at the time of the new application.
Permit Extension
11.59.
Where construction has not commenced within 180 days from the date the permit was issued,
the building official may extend the permit for a period not more than 180 days from the date
of expiry of the original permit, but the permit shall then be void if construction has not
started within 360 days from the original date of the issuance of the permit, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration, and
(b) the non-refundable fee set out in the District's bylaws has been paid.
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11.60.
Where construction has commenced and has not been discontinued or suspended for a period
of more than 180 days, the building official may extend the expiry date for the permit for such
period of time as the building official considers reasonable, where the building official is
satisfied that there exists a reasonable excuse for the delay in completing construction, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration;
(b) the non-refundable fee set out in the District's bylaws has been paid; and
(c) the owner or their representative has paid all charges, penalties, or fines and met all
requirements imposed by any other enactment or bylaw.
Building Permit Revocation
11.61.
The building official may revoke a building permit if in their opinion, there is a violation of
(a) a condition under which the permit was issued;
(b) any provision of the Building Code or of this or another bylaw of the District,
(c) the permit was issued in error;
(d) cancellation or termination of Homeowner Protection Office Registration occurs prior to
finalization of permit;
(e) the permit was issued on the basis of false or incorrect information; or
(f) the results of any tests carried out pursuant are not satisfactory to the building official,
such permit revocation must be in writing and sent to the permit holder by signature mail to,
or personal service on, the permit holder.
Building Permit Cancellation
11.62.
A building permit, or a building permit application, may be cancelled by the owner or agent on
delivery of written notification of the cancellation to the building official.
11.63.
On receipt of the written cancellation notice, the building official must mark on the
application, and a permit if applicable, the date of cancellation and the word "cancelled".
11.64.
If the owner or agent submits changes to an application after a permit has been issued and
the changes, in the opinion of the building official, substantially alter the scope of work,
design or intent of the application in respect of which the permit was issued, the building
official may cancel or amend the permit and mark on the permit the date of cancellation or
amendment and the work "cancelled" or "amended".
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11.65.
If a building permit application or permit is cancelled, and construction has not commenced
under the permit, the building official must return to the owner any fees deposited under the
District's bylaws, less
(a) any non-refundable portion of the fee; and
(b) 15% of the refundable portion of the fee.
Occupancy
11.66.
No person may occupy a building or structure or part of a building or structure until a final
inspection notice has been issued by a building official for
(a) the first occupancy of a building or structure or part thereof after completion of
construction; or
(b) any change of use or occupancy of any building or structure or part thereof.
11.67.
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 review pursuant to Sections 11.39 to
11.40 and 11.43 of this bylaw have both been inspected and reviewed or the inspections
and review are not required in accordance with this bylaw;
(c) the owner has provided to the District a building survey prepared by a British Columbia
Land Surveyor showing the building height, size, location, and elevation determined in
accordance with the District's land use regulations;
(d) all other documentation required under applicable enactments, standards, or bylaws has
been delivered to the District;
(e) where any of the requirements for life and fire safety have been deemed to be satisfied
by an alternative solution pursuant to provisions of the Building Code, the owner shall
submit to the building official, prior to use or occupancy of the building or structure,
certification from the registered professional responsible for the equivalency, that the
construction substantially complies with the requirements set out in the alternative
solution report; and
(f) all required off-site services and on-site services respecting safety have been completed.
11.68.
When a registered professional provides letters of assurance in accordance with this bylaw,
the District 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
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comply with the design, the Building Code, this bylaw, and other applicable enactments,
standards, or bylaws respecting safety.
Partial Occupancy
11.69.
A building official may issue a final inspection notice for partial occupancy of a portion of a
building or structure under construction when
(a) that portion of the building or structure is self-contained and provided with essential
services respecting health and safety aspects of the work, and if applicable, accessibility,
GHG emissions, and conservation;
(b) the requirements set out in Section 11.67 have been met with respect to that portion of a
building or structure; and
Item (c) added by Bylaw 1190
(c) the owner has applied for and obtained a Driveway Access Permit in accordance with the
Highways Bylaw as amended from time to time.
11.70.
The owner, developer, or builder shall ensure that no unsafe condition exists or will exist
resulting from the work being undertaken or not completed.
11.71.
The building official may withhold an occupancy permit until the building, structure, or part
thereof complies with this bylaw, the Building Code, and any other applicable enactments,
standards, or bylaws.
11.72.
The building official may revoke an approval for occupancy for failure to comply with any
conditions of the approval.
Sanitary Facilities
11.73.
During the time a building permit has been issued and remains valid under this bylaw, the
owner must provide on the parcel of land in respect of which the permit has been issued,
sanitary facilities for the disposal of human waste from individual persons who enter on the
parcel in relations to the work referred to in the permit, which facilities must be accessible and
unlocked when not occupied while work is being carried out on the parcel under this bylaw,
and every sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the BC Public Health Act,
by plumbing that complies with the Building Code and this bylaw, must be provided, at all
times the facility is required under this bylaw, with toilet paper, a locking door for privacy, and
ventilation, and must be kept in sanitary condition without leaking beyond the facility and
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without overflowing within the facility. Such facilities must be located so as not to create a
nuisance to neighbouring parcels or highways.
TEMPORARY BUILDINGS
Temporary Buildings
12.1.
Subject to the bylaws of the District and order of the District's Council, a building official may
issue a building permit for the erection or placement of a temporary building or structure for
occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the District's Zoning Bylaw, built in
compliance with the Building Code and this bylaw, and connected, as required by
applicable enactments, standards, or bylaws, to District utility services.
12.2.
An application for a building permit for the erection or placement of a temporary building or
structure must be made in the form of a temporary permit application on the prescribed form
provided by the District, signed by the owner or agent, and must include
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaws;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
(c) plans and supporting documents showing the location and building height of the building
or structure on the parcel;
(d) plans and supporting documents showing construction details of the building or
structure;
(e) a statement by the owner indicating the intended use and duration of the use;
(f) plans and supporting documents showing the proposed parking and loading space;
(g) a written description of the project explaining why the building is temporary;
(h) a copy of an issued development permit, if required;
(i) 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;
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(j) a report or drawing by an engineer, architect or designer confirming compliance with the
Building Code, this bylaw, the District's Zoning Bylaw, and other applicable enactments,
standards, or bylaws;
(k) a security deposit in accordance with the Building Permit Security Deposit Policy; and
(l) in the case of a temporary building, information to comply with article 1.1.1.1(2)(f),
Division C of the Building Code.
12.3.
Before receiving a building permit for a temporary building or structure for occupancy, the
owner must pay to the District the applicable building permit fee set out in the District's
Bylaws.
12.4.
A permit fee for a temporary building or structure is not refundable.
Temporary Residence During the Period of Construction
12.5.
Where a temporary residence is required during the period of construction of a new
residence, the following conditions shall apply:
(a) no more than one temporary residence shall be permitted on a lot and the lot shall be
not smaller than 0.4ha (0.9884 acres);
(b) the temporary residence may include a manufactured home, subject to the provisions of
Section 22, or an existing single family dwelling legally sited on the subject property;
(c) a mobile home or modular home that is used for a temporary residence shall be sited in
conformity with the regulations of this bylaw and the BC Public Health Act and shall not
be sited on a permanent foundation with a basement excavation;
(d) the temporary residence shall be removed from the owner's land within 30 days of the
end of the period of construction of the new residence except that the temporary
residence may be converted to any non-residential use permitted within the applicable
zone subject to
(e) compliance with all other regulations of the applicable zone with respect to density and
the siting, size, and dimensions of the building;
(f) removal of all kitchen and bathroom cabinets, plumbing fixtures, hot water tanks,
furnaces, and sewer connections except that some of said facilities may be retained for
home occupation and workshop purposes as determined by the building official;
(g) refinishing of the exterior of the building to portray a building intended for the proposed
use; and
(h) completion of the conversion within 30 days of the end of the period of construction of
the new residence;
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(i) a covenant shall
(i)
be registered pursuant to Section 219 of the Land Title Act to permit the temporary
residence during the period of construction and to prohibit the temporary
residential use from continuing after the period of construction ends;
(ii) include an agreement by the owner to indemnify and save harmless the District
against all costs and expenses incurred by the District, in default by the owner, in the
conversion, demolition, or removal of the temporary residence, and/or legal costs
incurred in pursuing such legal remedies as the District sees fit;
(iii) be registered as a condition precedent to the issuance of a building permit for the
new residence;
(j) a blanket statutory right-of-way shall
(i)
be granted to the District permitting the District to enter onto the owner's land for
the purpose of converting, demolishing, or removing the temporary residence in the
event that the owner defaults;
(ii) be registered as a condition precedent to the issuance of a building permit for the
new residence;
(k) An irrevocable unconditional letter of credit from a chartered bank shall be drafted in
favour of the Regional District, to be held as security for performance by the owner of his
covenants and obligations with respect to the conversion, demolition or removal of the
temporary residence. The amount of the letter of credit shall be 1.5 times the estimated
cost of conversion, demolition, or removal of the temporary residence, which estimate
shall be obtained from a qualified building, demolition, or moving contractor. The letter of
credit shall be provided as a condition precedent to the issuance of a building permit for
the new residence; and
(l) for the purposes of this section, "period of construction" shall mean
(i)
the period of time commencing when a building permit is issued for the new
residence and ending either one year from the date of issuance of the permit; or
(ii) when a notice of conversion, demolition, or removal is delivered to the owner,
whichever event first occurs; and
(m) the notice of conversion, demolition, or removal of the temporary residence shall be in
writing and delivered from the office of the building official of the District.
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RETAINING WALLS AND GRADES
13.1.
Without limiting Section 2.3, no person may construct, or structurally repair, a retaining wall
without a building permit.
13.2.
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the Province of British Columbia, fill material placed on a parcel, unless restrained
by a permitted retaining wall, must not have a surface slope exceeding
(a) a ratio of one linear unit vertically to two linear units horizontally for filled material, or
(b) a ratio of one linear unit vertically to one linear units horizontally for excavated material.
13.3.
Without limiting Section 13.2, no person may occupy a building unless the finished grade
complies with all applicable enactments, standards, or bylaws.
13.4.
A registered professional shall undertake the design and conduct field reviews of the
construction of a retaining wall
(a) greater than 1.22m in height;
(b) where a sequence of walls are placed closer than 2 horizontal to 1 vertical;
(c) where site drainage is impacted as determined by the District Engineer; or
(d) where other geotechnical concerns exist as determined by the District Engineer
13.5.
Every application for a building permit to construct a retaining wall shall;
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaws;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
(c) be accompanied by a plan showing:
(i) the location of the proposed retaining wall(s) in relation to existing buildings on the
property in the form of a site plan drawn to scale;
(ii) distances from the proposed retaining wall(s) to all existing buildings and to the
property boundaries;
(iii) sealed construction details from a registered professional for the retaining wall and
the proposed method of drainage and final grading; and
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(d) where the retaining wall is supporting another building or structure, a letter of assurance
in the form of Schedule B pursuant to the Building Code, signed by a registered
professional.
13.6.
If a building official determines that an unsafe condition exists as the result of the
construction of a retaining wall requiring a building permit, a guard or fence may be required.
BUILDING MOVE
14.1.
Except as per Section 14.2, no person shall relocate a manufactured home, structure, building
or part thereof into the District or from one property to another within the District unless the
owner or agent has first obtained a building permit for that purpose as provided for in this
bylaw.
14.2.
The relocation of manufactured homes factory constructed and assembled more than 20
years prior to the date of permit application is prohibited. The year, make, model and serial
numbers shall be determined by the CSA Rating Plate and/or the Province of British Columbia
Mobile Home Registry.
14.3.
Every application for a building move shall be in accordance with Sections 11.6 and 11.7 of this
bylaw, and;
(a) except were certified by a registered professional that the building will substantially
comply with the current version of the Building Code;
(b) in the case of a manufactured building, be affixed with a CSA Rating Plate in respect of
manufacture providing the year, make, model and serial number and/or the Province of
British Columbia Mobile Home Registry.
14.4.
A building official may require a report from an accredited restoration company or registered
professional with experience in environmental engineering stating that there are no
environmental issues or hazards regarding health and safety to occupants prior to issuing a
building permit to relocate a mobile home, modular home, or other building.
14.5.
Where a mobile home or modular home is less than five years old, the building evaluation
may be waived by the building official.
14.6.
The owner shall upgrade the following items where applicable to meet current Building Code
requirements when a mobile home, modular home, or other building is relocated:
(a) chimneys and fireplaces;
(b) any portions of the building in which failure is visibly evident without removing finishes;
(c) smoke alarms, carbon monoxide alarms, and fire exit windows;
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(d) plumbing;
(e) required stairs;
(f) cladding shall be required and installed in accordance with the appropriate requirements
of the Building Code; and
(g) the building shall be placed on a permanent foundation, except for mobile homes which
are not required to be placed on a permanent foundation.
14.7.
The owner shall replace the following systems when a mobile home, modular home, or other
building is relocated if they are decayed, worn out, or otherwise damaged during the
relocation and moving process:
(a) roofing; and
(b) exterior finish or portions of the exterior finish.
14.8.
All construction including relocations, alterations and additions for relocated mobile homes,
modular homes, or other buildings shall be completed with 180 days of the date the permit
was issued.
14.9.
The building official may issue a permit for construction involved in the moving of any
building, structure, or part thereof into or within the District when the owner has provided to
the District
(a) a security deposit in accordance with the Building Permit Security Deposit Policy;
(b) proof of liability and property damage insurance in the all-inclusive limits of
$5,000,000.00 to insure against damage or injury arising out of the moving of the
building, structure, or part thereof; and
(c) an Oversized or Overweight Vehicle Permit approved by the District.
14.10.
If the owner does not move the building, structure, or part thereof for which a permit is issued
and complete construction within the time specified in Section 14.8, the building official may
notify the owner in writing and direct the owner to complete that work within 30 days from
the date of the notice.
14.11.
If the work is not completed within the 30 days, the District or its agent may enter, clean, and
tidy the site at the expense of the owner and the costs shall be deducted from the security
deposit.
14.12.
If the building, structure, or part thereof to be moved is located on a property in the District,
then the property must be returned to a safe, clean, and tidy condition within 120 days from
the date of issuance of the permit.
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14.13.
Prior to the final occupancy approval for CAN/CSA A277 modular homes, the building official
may require a letter of certification from the manufacturer providing information on
assurances the buildings are code compliant.
NUMBERING OF BUILDINGS
15.1.
Immediately upon issuance of a building permit governing the construction, alteration or
repair of a building, or prior to and during occupancy of a building, the owner or occupant
must display the address number assigned to it by the District
(a) on or over the entrance to the building or, where landscaping or structures obscure the
visibility of a building entrance from the adjacent highway, on the building property
within sight of the adjacent highway; and
(b) until such time as the building is removed from the site or has been demolished.
15.2.
Despite Section 15.1 the District Engineer may renumber or alter the assigned numbers in
respect of any building or any parcel, including those already in existence or numbered.
15.3.
Without limiting Sections 15.1 or 15.2, a 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.
15.4.
Without limiting Sections 15.1 through 15.3, on issuance of an occupancy permit, the owner or
occupier of the parcel must affix the numbers permanently in a conspicuous place on the
building such that the number is visible from an adjacent highway that is not a lane.
Deleted and replaced by Bylaw 1230, 2024
SWIMMING POOLS
16.1.
Swimming pools must be enclosed by a fence that:
(a) is constructed without footholds or grips that children may use to climb into the enclosed
area;
(b) is a minimum height of 1.22 m;
(c) does not have openings greater than 100mm;
(d) is constructed of chain link material, solid material with a flat vertical surface or vertically
oriented material.
(e) is in place, inspected and approved prior to placing the water in a swimming pool;
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(f) is closed and locked when not in use.
16.2.
Where a pool is located above ground and has vertical sides at least 1.22 m, access may be
protected by way of a child resistant, self-closing, self-latching gate on the access ladder;
16.3.
Access to a swimming pool may be directly from a dwelling if the dwelling is on the same
property.
ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION - deleted by Bylaw 1230, 2024
ACCESS ROUTE FOR FIRE VEHICLE - deleted by Bylaw 1190
ON-SITE SERVICES - deleted by Bylaw 1230, 2024
CLIMATIC DATA - deleted by Bylaw 1230, 2024
AWNINGS, CANOPIES, OR MARQUEES
21.1.
Any awning, canopy, or marquee projecting over public property shall
(a) be designed by a registered professional;
(b) be supported entirely from the building to which it is attached;
(c) consist of non-combustible or protected combustible material;
(d) not project over a lane or roadway where a sidewalk or curb does not exist;
(e) be not less than 2.5m above the sidewalk measured from the lowest point of the canopy
to the highest average elevation of sloping or level sidewalks, or adjacent ground level as
the case may be;
(f) be not less than 1m away from the curb line of the sidewalk measured horizontally to an
imaginary line extending vertically below the furthest projection of the canopy; and
(g) not interfere with standpipes, fire exits, traffic lights, traffic signs, traffic, pedestrians,
utilities, or city works.
21.2.
Every owner of an awning, canopy, or marquee which is installed, constructed, or erected
over public property shall enter into an agreement with the District in a form acceptable to the
District to indemnify against and to save the District harmless for any and all liability resulting
from injury to persons or damage to property which results from the presence, collapse, or
failure of the awning, canopy, or marquee.
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MANUFACTURED HOME PARKS, CAMPGROUNDS, AND RV PARKS
22.1.
Manufactured home parks including modular home parks, mobile home parks, campgrounds,
and recreational vehicle parks shall be designed and constructed in accordance with the
requirements of all applicable District bylaws.
22.2.
Manufactured home parks including modular home parks, mobile home parks, campgrounds,
and recreational vehicle parks with more than ten pads or stalls shall be designed and
constructed under the supervision of a registered professional using best engineering
practices.
22.3.
Registered professionals undertaking design and supervision for a mobile home park,
campground, or recreational vehicle park shall complete all required submissions prior to
issuance of the occupancy permit.
DEMOLITION PERMIT REQUIREMENTS
Demolition
23.1.
An application for a building permit with respect to a demolishing a building or structure must:
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaw;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
(c) provide to the District a vacancy date;
(d) provide a site plan showing all buildings and structures and servicing locations;
(e) provide a hazardous materials assessment and remediation clearance letter for buildings
constructed prior to 1992; and
(f) ensure that all municipal services and other services are capped and terminated at the
property line in a District standard inspection chamber and valve arrangement.
23.2.
Prior to obtaining a permit to demolish a building or structure, the owner must pay all
applicable fees set out in the District's bylaws;
23.3.
The demolition of buildings and structures shall be in accordance with Part 8 of the Building
Code "Safety Measures at Construction and Demolition Sites."
23.4.
The following items shall be required at demolition sites to the satisfaction of the building
official:
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(a) all construction material and debris, including concrete foundations and septic/fuel
tanks, are to be removed from the site;
(b) all services and utilities are to be disconnected at the property lines;
(c) the site shall be left in a clean and tidy condition within 90 days from the date of issuance
of the demolition permit;
(d) should demolition not have commenced by the 90 day expiry date the building official
may at their discretion cancel the permit by written notification;
(e) there shall be no refund for the demolition permit;
(f) any request to extend the 90 day time limit shall be received 30 days prior to the date of
expiry in writing from the owner or agent and approved in writing by the building official;
and
(g) where required for industrial and commercial demolition sites the Environmental
Management Act shall apply.
23.5.
Security deposits for demolition permits shall be required at the discretion of the building
official based on the size, complexity, and nature of the building or structure to be demolished
as follows:
(a) when a building or structure exceeds 93m2 in building area; or
(b) when a building or structure exceeds 12.5m in height
a security deposit shall be required in accordance with the Building Permit Security Deposit
Policy.
PLUMBING AND FIRE SUPPRESSION PERMITS
24.1.
Without limiting Section 2.3 of this bylaw, a person must not install, replace or alter a
plumbing or fire suppression system without making application and receiving a valid building
permit.
24.2.
Every application for a building permit to install, replace or alter a plumbing system or fire
suppression system shall;
(a) be accompanied by payment of all applicable application fees as prescribed in the
District's bylaws;
(b) be made in the prescribed form provided by the District and signed by the owner, or a
signing officer if the owner is a corporation;
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(c) provide two (2) sets of isometric drawings where works are not performed by a qualified
plumber for single family dwellings projects; or
(d) provide two (2) sets of drawings including design drawings, including storm water
management systems, prepared by a register professional along with letter of assurance.
24.3.
The design, installation and maintenance of plumbing and fire suppression systems shall
conform to:
(a) the B.C. Building Code;
(b) the B.C. Building Code, Division B, Part 3, Section 3.2.5. Provisions for Fire Fighting; and
(c) all relevant standards of the National Fire Protection Agency, (NFPA), pertaining to fire
suppression systems.
24.4.
Where a plumbing system has been installed or altered under permit for a simple building, an
inspection shall be requested before:
(a) the system is covered up; or
(b) the system is used.
24.5.
Where a plumbing system or fire suppression system has been installed or altered under
permit for a complex building it shall not be put into use until it has been tested and accepted
by the registered professional who is responsible for its design, as applicable.
OFFENCES
Violations
25.1.
Without limiting Section 5 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this bylaw;
and
(c) neglects to do anything required to be done under any provision of this bylaw,
commits an offence and on summary conviction by a court of competent jurisdiction, the
person is subject to a fine of not more than $10,000.00, a term of imprisonment not exceeding
three months, or both, in addition to the costs of prosecution.
25.2.
Each day during which a violation, contravention, or breach of this bylaw continues is deemed
to be a separate offence.
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25.3.
Every person who fails to comply with any order or notice issued by a building official, or who
allows a violation of this bylaw to continue, contravenes this bylaw.
25.4.
Every person who commences work requiring a building permit without first obtaining such a
permit must, if a Stop Work Order is issued and remains outstanding for 30 days, pay an
additional charge as outlined in the District's bylaws.
Deemed Offence
25.5.
An owner is deemed to have knowledge of and be liable under this bylaw in respect of any
construction on the parcel the owner owns and any change of use or occupancy of a building
or structure or part of a building or structure on that parcel.
25.6.
No person is deemed liable under Section 25.5 who establishes, on a balance of probabilities,
that the construction or change of use or occupancy occurred before they became the owner
of the parcel.
25.7.
Nothing in Section 25.6 affects
(a) the District's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
Ticketing
25.8.
The offences in the Bylaw Notice Enforcement Bylaw are designated for enforcement under
Section 264 of the Community Charter.
25.9.
The following persons are designated as bylaw enforcement officers under Section 24(1)(b) of
the Community Charter for enforcing the offences in the Bylaw Notice Enforcement Bylaw:
(a) building officials;
(b) fire inspectors; and
(c) persons designated by the District's Council as bylaw enforcement officers.
25.10.
The words or expressions set forth in Column 2 of the Bylaw Notice Enforcement Bylaw are
authorized pursuant to Section 264(1)(c) of the Community Charter to designate the offence
committed under the bylaw section number appearing in Column 1, opposite the respective
words or expressions.
25.11.
The amounts appearing in Column 3 through 5 of the Bylaw Notice Enforcement Bylaw are the
fines established pursuant to Section 265(1)(a) of the Community Charter for the
corresponding offence designated in Column 2.
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UNSAFE CONDITIONS
26.1.
If the supply of electricity or natural gas has been disconnected due to a hazardous or
potentially hazardous situation existing in the building or structure or part thereof, the supply
of electricity or natural gas to the building or structure shall not be reconnected, the building
shall not be occupied until
(a) the owner has applied to the building official for a special safety inspection pursuant to
this part and has paid the required fees;
(b) the building, structure, or part thereof has been inspected by the building official and, if
considered necessary by the building official, by the District Fire Chief for compliance
with this bylaw and any other bylaws or Provincial statutes or regulations relating to
building, electrical, gas, or fire safety;
(c) the owner has obtained permits required to carry out the works necessary to bring the
building, structure, or part thereof into compliance with applicable enactments,
standards, or bylaws; and
(d) all of the works referred to in Section 26.1(c) have been completed and the building or
structure has been brought into compliance with all applicable enactments, standards, or
bylaws.
FORMS AND SCHEDULES
27.1.
The District's Corporate Officer shall provide application forms for all application processes
required under this bylaw. Forms shall be as adopted by the District through policy from time
to time.
REPEAL
28.1.
Building Regulation Bylaw 709, 2011 and all amendments thereto are hereby repealed.
CITATION
29.1.
This bylaw may be cited as "Building Regulation Bylaw 1070, 2018".
READ A FIRST TIME this 4th day of December, 2018.
READ A SECOND TIME this 19th day of February, 2019.
READ A THIRD TIME this 19th day of February, 2019.
ADOPTED this 5th day of March, 2019.
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Original signed by James Baker
Original signed by Reyna Seabrook
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct copy of "Building Regulation Bylaw 1070, 2018" as
adopted by Council on the 5th day of March, 2019.
__________________________
_______________________________
Dated at Lake Country, B. C.
Corporate Officer