Langley Building Bylaw 2008 No. 4642 (Consolidated for Convenience) — full text, Langley, British Columbia

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY BUILDING BYLAW 2008 NO. 4642 CONSOLIDATED FOR CONVENIENCE ONLY EXPLANATORY NOTE Langley Building Bylaw 2001 No. 4055 and all amendments thereto are repealed. Langley Building Bylaw 2008 No. 4642 is enacted; generally incorporating the content of the previous Bylaw and amendments. Amending Bylaw 2013 No. 5023 - October 7, 2013 To amend the Langley Building Bylaw 2008 No.4642 to make housekeeping changes, to incorporate changes that have resulted from amendments to the 2012 BC Building Code and changes to Provincial regulations, to update fees required to administer the bylaw, and to establish a Green Building Permit Rebate program. Amending Bylaw 2013 No. 5132 - March 2, 2015 Bylaw 2015 No. 5132 amends the Langley Building Bylaw 2008 No. 4642 to amend Appendix A of Langley Building Bylaw 2008 No. 4642 by establishing the Green Building Permit Rebate Program as a permanent ongoing initiative beyond the previous 2014 one year interim period. Amending Bylaw 2016 No. 5247 - December 12, 2016 Bylaw 2016 No. 5247 amends the Langley Building Bylaw 2008 No. 4642 Appendix A to update fees required to administer the bylaw reflective of current construction industry costs and practices as well as to expand the Green Building Permit Rebate Program to coincide with revised industry programs used to measure energy efficiency of buildings, adjust and align rebate amounts in conjunction with other industry program, and expand the program to include alterations, additions, and renovations of existing single family dwellings where the annual energy consumption of the building is reduced, effective January 1, 2017. Amending Bylaw 2018 No. 5385 - June 25, 2018 Bylaw 2018 No. 5385 amends the Langley Building Bylaw 2008 No. 4642 to adopt the BC Energy Step Code as part of the 2012 BC Building Code requirements for new residential construction, as well as make amendments to the Green Building Permit Rebate Program amounts to coincide with revised industry methodology used to measure energy efficiency of buildings. Amending Bylaw 2021 No. 5753 - January 10, 2022 Bylaw 2021 No. 5753 amends the Langley Building Bylaw 2008 No. 4642 Appendix A to update fees required to administer the bylaw reflective of current construction valuation to coincide with increased industry construction costs as well as updates to staff review time required to determine compliance with additional revisions to British Columbia Building Code regulations. Amending Bylaw No. 5966 - December 4, 2023 Bylaw No. 5966 amends the Langley Building Bylaw 2008 No. 4642 to include language that any new Part 9 Building constructed after March 31, 2024 containing a residential occupancy shall be designed and constructed to meet the specified requirements of the Energy Step Code and Zero Carbon Step Code as defined by the BC Building Code. Bylaw No. 4642 Page 2 . . . Amending Bylaw No. 6099 - March 24, 2025 Bylaw No. 6099 amends the Langley Building Bylaw 2008 No. 4642 as amended, to remove fees from existing Appendix A, now consolidated within Langley Fees and Charges Bylaw 2007 No. 4616. In addition, the proposed amendment includes housekeeping changes and replacing existing "Appendix A" with new" Appendix A" as attached to this bylaw. Amending Bylaw No. 6169 - January 26, 2026 Bylaw No. 6169 amends the Langley Building Bylaw 2008 No. 4642 as amended, to update the Building Bylaw to modernize permitting processes and to provide transitional Energy Step Code provisions. These changes aim to improve service delivery and maintain consistency for ongoing projects. Amending Bylaw No. 6239 - July 27, 2026 Bylaw No. 6239 amends the Langley Building Bylaw 2008 No. 4642 (Appendix A) to provide that eligibility for, and receipt of, a Green Building Permit Rebate is subject to the requirements, limitations, and availability of funding established in the Fees and Charges Bylaw. This amendment ensures consistency between the Building Bylaw and the Green Building Permit Rebate Program provisions contained in Schedule 18 of the Fees and Charges Bylaw. THIS IS A CONSOLIDATED BYLAW PREPARED BY THE CORPORATION OF THE TOWNSHIP OF LANGLEY FOR CONVENIENCE ONLY. THE TOWNSHIP DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. Bylaw No. 4642 Page 3 . . . THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY BUILDING BYLAW 2008 No. 4642 A Bylaw for the Administration of the Building Code CONSOLIDATED FOR CONVENIENCE ONLY "The Council of The Corporation of the Township of Langley in Open Meeting, ENACTS AS FOLLOWS": 1.0 TITLE This Bylaw may be cited as "Langley Building Bylaw 2008 No. 4642" 2.0 DEFINITIONS In this Bylaw: "Agent" includes a person, firm or corporation representing the Owner by designation or contract, and includes, but is not limited to, a hired tradesperson and contractor who may be granted Permits for work within the limitations of their licence; "Building" means any structure used or intended for supporting or sheltering any use or occupancy; "Building Code" means the Building Code established pursuant to Section 692 of the Local Government Act, as amended and regulations pursuant thereto; "Building Inspector" means the Manager, Permit Licence & Inspection Services for the Township and any successor in title to the position and their delegates; "Construction" includes erect, repair, alter, add, install, demolish, remove, excavate, and shore; "Owner" means an owner as defined in the Local Government Act; "Permit" means the written authority granted by the Building Inspector pursuant to this Bylaw for the purpose of Construction; "Permit Application" means when the application has been accepted by the Building Inspector as being complete and recorded into the Township of Langley Building Permit system; "Permit Holder" means the Owner or Agent that has submitted a Permit Application and received a Permit for the purpose of Construction through the process of Permit Issuance; #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 4 . . . "Permit Issuance" means when the Owner or Agent has provided information necessary to verify compliance with this Bylaw, paid the fees prescribed as set out in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time and all other applicable enactments including other Township bylaws for the Permit, inclusive of having the payment processed, receipt of payment issued, having the Permit signed for as received, and physically picked up by the Owner or Agent to become the Permit Holder; "Registered On-Site Waste Water Practitioner" means an 'authorized person' under the Health Act RSBC 1996, Chapter 179 Sewerage System Regulation as amended ("Regulation") who is an industry practitioner registered with a registration certificate issued by the Applied Science Technologists & Technicians of British Columbia that certifies that the holder is competent to construct and maintain a sewerage system that uses a treatment method classified as Type 1 or Type 2 in the Regulation A professional engineer may be considered as an 'authorized person' so long as they have the necessary skills and ability to design such a system; "Registered Professional" means an architect or professional engineer registered under provincial legislation to practice in British Columbia; "Site" means a parcel of land or premise on which Construction is intended to take place or has taken place upon; "Structure" means a Construction or portion thereof of any kind, whether fixed to, supported by, sunk into or located in, land, water or airspace or attached to a Building, and includes foundations or supporting framework for exterior signs, equipment and machinery, interior storage racking greater than 2.6m in height and swimming pools as defined in this Bylaw but specifically excludes paving, fences, and landscaping; "Township Engineer" means the General Manager of Engineering for the Township and any successor in title to the position and their delegates; and "Township" means The Corporation of the Township of Langley; Unless otherwise defined in this Bylaw, all words and phrases in this Bylaw must have the meaning defined in the Building Code if defined in the Building Code. 3.0 PURPOSE AND APPLICATION 3.1 This Bylaw has been enacted for the purpose of regulating Construction within the Township in the general public interest. The Bylaw reflects the Township's policy decision that as a result of limited financial and other resources, and the expertise required to suitably review complex and other types of Construction, the level and extent of Building plans review, inspection and enforcement will be conducted at the discretion of the Building Inspector as the Building Inspector deems appropriate in any situation. This may include, but must not be limited to, limited and interim spot checking or monitoring functions. It is not contemplated nor intended, nor does the purpose of this Bylaw extend to; #5023 07/10/13 #6099 03/24/25 #5023 07/10/13 Bylaw No. 4642 Page 5 . . . a) the protection of Owners or constructors from economic loss; b) the assumption by the Township or the Building Inspector of any responsibility for ensuring compliance, by any Owner, Agent or any representatives, employees, constructors or designers retained by the Owner or the Agent with the Building Code, the requirements of this Bylaw and all other applicable enactments including other Township bylaws; c) providing any personal warranty of design or workmanship with respect to any Building or Structure for which a Permit is issued under this Bylaw; and d) providing a warranty or assurance that Construction undertaken pursuant to Permits issued by the Township is free from latent, or any, defects. 3.2 Inspections performed by the Township only apply to specific elements and works described in this Bylaw and are not intended to cover all aspects of Construction. Ultimate responsibility for compliance with the Building Code, this Bylaw and all other applicable enactments including other Township bylaws rests solely with the Owner. 3.3 Neither the acceptance of drawings, plans and specifications, the granting of a Permit nor the undertaking of inspections by the Building Inspector shall in any way relieve the Owner from full responsibility for carrying out Construction, or having the Construction carried out, in accordance with the requirements of the Building Code, this Bylaw and all other applicable enactments including other Township bylaws. 4.0 PROHIBITION 4.1 No person may: a) commence or continue any work related to Construction unless they have a valid and subsisting Permit (the Permit Issuance); b) continue any work related to Construction contrary to the terms of any notice or Stop Work Order issued by the Building Inspector; c) occupy or use any Building or Structure or part thereof contrary to the terms of any Permit, notice or certificate; d) reverse, alter, deface, cover, remove or in any way tamper with any notice, Permit or certificate issued pursuant to this Bylaw and posted upon or affixed to any Building or Structure; and #5023 07/10/13 Bylaw No. 4642 Page 6 . . . e) occupy or permit occupancy of any Building or Structure until an accepted final inspection has been undertaken by the Building Inspector and occupancy has been authorized by the Building Inspector in writing. 5.0 PERMITS 5.1 A Permit is required for all Construction. 5.2 The Building Inspector may issue a Permit for Construction where: a) a valid and subsisting application has been made (the "Permit Application"); b) the proposed Construction set out in the Permit Application conforms in all respects with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws; c) a potable water supply for a Building or Structure is provided. If a municipal water service is not available, an acceptable private well must be located on the property and certification of compliance with the Canadian Drinking Water Standard must be provided; and d) the Owner or Agent has paid the fees prescribed and as set out in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. 5.3 No Permit Issuance for the Construction of any Building or Structure or portion thereof shall occur until: a) a complete and valid Permit Application has been made in respect of the Construction; b) the proposed Construction set out in the Permit Application conforms to this Bylaw, the Building Code and all other applicable enactments including other Township bylaws; and c) the Owner or Agent has paid the prescribed fee as set out in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. 5.4 The Permit Application must; a) be submitted in the electronic format prescribed by the Building Inspector. b) be signed by the Owner or the Agent; c) include, as electronic attachments, copies of all required specifications and scale drawings of the Building or Structure #6169 01/26/26 #6099 03/24/25 #5023 07/10/13 #6099 03/24/25 #5023 07/10/13 Bylaw No. 4642 Page 7 . . . accurately representing the proposed Construction, including but not limited to; (i) a current title search from the Land Title Office for the property on which the Construction is to occur ("Site") dated within 30 days of the date of the Permit Application; (ii) when required by the Building Inspector a survey of the Site prepared by a registered B.C. Land Surveyor including but not limited to: A. the dimensions of the Site including the locations and dimensions of any restrictive covenants, easements or right of ways and the position, height and horizontal dimensions of all Buildings and Structures on the Site; B. the grades and elevations of the Site and the streets and sewers abutting the Site; and C. setbacks to the natural boundary and top of bank of any lake, swamp, pond, or watercourse where Provincial or Township land use regulations establish siting requirements related to flooding, erosion, streamside protection or the protection of riparian areas; (iii) copies of all restrictive covenants, easements and rights-of- way documents registered against title to the Site; (iv) floor plans showing the dimensions and use of all areas including but not limited to crawl and roof spaces; foundation drawings; the location, size and swing of doors; the location, size and opening of windows; floor, wall and ceiling finishes; plumbing fixtures; structural elements; stair, handrail and guard dimensions and details, roof plan and truss layout; mechanical systems, environmental separations, solar hot water ready locations, and adaptable housing requirements; (v) structural cross-sections through the Building or Structure and structural design information; and structure design information illustrating foundations, drainage, ceiling heights and Construction systems; (vi) Building or Structure elevation views, showing all sides of the Building or Structure including but not limited to wall finish details, capillary breaks, roof slopes, windows, doors, spatial separation calculations, roof height calculations and finished grade and top of concrete elevations; (vii) cross-sectional details drawn at an appropriate scale at sufficient locations to illustrate that the Building or Structure #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 8 . . . #5023 07/10/13 conforms to this Bylaw, the Building Code and all other applicable enactments including other Township bylaws; (viii) technical information and drawings specified in other sections of this Bylaw relating to the Construction; including but not limited to fire sprinkler drawings, civil and plumbing drawings; and (ix) any other information required by the Building Inspector to illustrate all essential features of the design of the Building or Structure; d) include verification of builder registration with the Home Owner Protection Office and verification of warranty insurance coverage for dwelling units being Constructed with the Permit Application for each unit; e) where an On-Site sewerage system is necessary, include a copy of the authorization to construct from a Registered On-Site Waste Water Practitioner and the plans for the sewerage system stamped by the Registered On-Site Waste Water Practitioner; and f) where a private well is intended to supply potable water to the Building or Structure, located on the Site include a current certificate of well water potability certifying compliance with the current edition of the Canadian Drinking Water Guidelines. 5.5 When required by the Building Inspector, the Permit Application must also be accompanied by: a) a plan that shows the location and size of every pipe drain, trap or inspection piece located on the Site; b) a sectional drawing that shows the size and location of every soil or waste pipe, trap and vent pipe; c) evidence of trade qualification for the plumbing contractor; d) hydraulic calculations and Letters of Assurance from the current edition of the BC Building Code from a Registered Professional for all fire sprinkler installations; e) Site servicing, stormwater management, architectural, structural, electrical, plumbing, mechanical, landscaping or fire suppression drawings prepared and sealed by a Registered Professional; f) a plan showing a catch basin or lawn basin on each Site, located in the rear yard on the low side of the Site, complete with a storm line connected from catch basin or lawn basin downstream of the perimeter drain sump; #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 9 . . . g) Letters of Assurance from the current edition of the BC Building Code from a Registered Professional; h) a restrictive covenant registered on the title of the property if an approved mechanical sanitary pumping system is installed in the Building, regardless of if it is or is not connected to a municipal sanitary system or an On-Site sewerage system; i) a restrictive covenant registered on the title of the property accompanied by a report prepared by a Registered Professional if the Building is constructed below the Minimum Building Elevation as described in the current edition of the Township of Langley Subdivision and Development Servicing Bylaw; j) for rural , suburban, and residential Sites, except as outlined in the Township of Langley Zoning Bylaw as amended from time to time in relation to a Flood Construction Level, where soil is proposed to be utilized on the Site to alter the Site elevation that existed prior to submission of the Permit Application, (i) a Site plan prepared by a Registered Professional showing: (A) the locations and slope in which soil is proposed to be placed, (B) the drainage methods for the Site before and after the proposed Construction is completed, (C) the extent and quantity of the proposed soil, and (D) a survey to indicate elevations for the Site before and after the proposed Construction, (ii) Letters of Assurance from the current edition of the BC Building Code from a Registered Professional for the stormwater management and for lot grading design and installation confirming that the storm and surface water run-off will not affect neighboring properties, and (iii) where the Site is not the subject of a land development project for which the project and the engineering drawings and a servicing agreement have been approved by the Township Engineer, confirmation from a Registered Professional that the proposed soil placement is exempted from the permitting requirements of the Township of Langley Soil Deposit and Removal Bylaw; k) a landslide assessment report indicating that the land may be used safely for the use intended as prepared and submitted by a Registered Professional, accompanied by Letters of Assurance from the current edition of the BC Building Code and registration of a #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 10 . . . restrictive covenant on the title of the property in accordance with the recommendations contained within the report; l) a house performance compliance calculation report for energy performance, inclusive but not limited to the annual energy consumption of the proposed house modeled in relation to a reference house, the mechanical energy use intensity, thermal energy demand intensity, peak thermal load, EnerGuide Rating, and airtightness for the building; and m) any other information required by the Building Inspector to establish compliance with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. 5.6 All drawings, plans, and specifications must bear the name, address, and phone number of the designer. The drawings, plans and specifications must contain all design criteria, calculations, and other pertinent information necessary to verify compliance with this Bylaw, the Building Code, and all other applicable enactments including other Township bylaws. 5.7 A Building Code Design Analysis Sheet/Zoning Analysis Sheet in a form required by the Building Inspector must be completed by the designer and accompany the Permit Application. 5.8 The Building Inspector may issue a Permit, at the risk of the Owner, for the Construction of a phase of a Building or Structure before the entire plans and specifications for the whole Building or Structure have been submitted or accepted where adequate drawings and information are provided covering those aspects of Construction and a detailed commitment by the Owner is provided undertaking to comply with all pertinent requirements of this Bylaw. Notwithstanding the issuance of this Permit the requirements of this Bylaw, the Building Code and all other applicable enactments including other Township bylaws apply to the remainder of the Building or Structure, as if the Permit had not been issued. 5.9 No permit is required for clearing of stoppages, replacing a hot water tank, or repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or re-arrangement of valves, pipes or fixtures. 5.10 Subject to provisions contained in this Bylaw, the Building Code and all other applicable enactments including other Township bylaws, the Building Inspector may issue a Permit for the erection or placement of a temporary Building or Structure, if the Building Inspector is satisfied the Building or Structure is safe for the stated use and duration. 5. 11 Every Permit is issued upon the following conditions: a) the Construction must commence within six months from the date of Permit Issuance; #5385 25/06/18 Bylaw No. 4642 Page 11 . . . b) the Construction must not be discontinued or suspended for a period of more than six months; c) the Construction must be completed within two years from the date of Permit Issuance; d) the Permit must lapse in the event that any condition specified in subsection a, b, or c above is not complied with; e) the Building Inspector may consider renewal of a Permit which has lapsed, for such period of time that the Building Inspector considers reasonable, where the scope of the Construction proposed has not changed and all requirements and conditions under which the original Permit was granted remain valid. An additional fee must be paid if the Permit is renewed in accordance with Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. f) where the scope of Construction, the Building Code, any Township bylaw requirement, or condition under which a lapsed Permit was granted have changed, the Building Inspector may assess and set Permit Application requirements to be met as a new Permit Application, and with new permit fees to be paid in accordance with Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. g) the Building Inspector may cancel the Permit Application, provided Construction has not started and the Permit has not been issued (Permit Issuance) after 30 days from the date of written notification of intent to cancel the Permit Application has been provided to the Owner or Agent; and h) where a cheque provided for Permit fees is returned because of insufficient funds, or any other reason denying payment to the Township, an additional fee in accordance with Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time may be charged. All fees then owing may be added to property taxes for the Site. 5.12 Council may revoke a Permit where: a) it reasonably believes there is a violation of one or more of the following: i) any condition under which the Permit was issued; ii) any provision of the Building Code; iii) any provision of this Bylaw; and #6099 03/24/25 #5023 07/10/13 #6099 03/24/25 #6099 03/24/25 Bylaw No. 4642 Page 12 . . . iv) any provision of another applicable enactment including other Township bylaws; and b) any part of a Permit Application for which a Permit has been issued has subsequently been found to be inaccurate, misleading or false. 5.13 A revocation pursuant to Section 5.12 must be in writing and transmitted to the Permit Holder either by serving the notice or sending it by registered mail to the Permit Holder: a) in the case of an individual, to the individual's last known address; a and b) in the case of a company or similar entity to the registered office or the head office of the company or similar entity in the Province as last designated in the records of the registrar as defined in the "Business Corporations Act" or similar legislation. 6.0 PROFESSIONAL DESIGN AND REVIEW 6.1 Where the Site conditions, the size or the complexity of a Building or Structure, part of a Building or Structure, or Building or Structure component warrant it, the Building Inspector may require professional design and field review to ensure compliance with the Building Code and all other applicable enactments respecting safety. 6.2. Where a Registered Professional is engaged by the Owner for the design and field review of Construction or assembly of materials; the Building Inspector may rely on the Registered Professional's Design and Field Review to ascertain those aspects of design and Construction comply with the Building Code and all other applicable enactments respecting safety. 6.3 Prior to a final inspection being carried out by the Building Inspector, where Letters of Assurance have been required under this Bylaw or the Building Code, the Owner or Agent must provide all applicable Letters of Assurance from the current edition of the BC Building Code. 7.0 CONSTRUCTION 7.1 FIRE SPRINKLER SYSTEM INSTALLATION a) except as provided in Sections 7.3 and 7.4; this Section applies to: i) any new Building containing a mercantile, assembly, industrial, institutional, business and personal service or residential occupancy other than a detached single family dwelling; ii) any existing Building containing a mercantile, assembly, industrial, institutional, business and personal service or multi- family residential occupancy upon creation of an additional dwelling unit; and #5023 07/10/13 Bylaw No. 4642 Page 13 . . . iii) any existing Building containing a mercantile, assembly, industrial, institutional, business and personal service, or residential occupancy other than a single family dwelling, where the sum of the floor areas of vertical and horizontal additions made and currently applied for, exceeds 20% of the Building area existing two years prior to the date of the application being made. 7.2 FIRE SPRINKLER SYSTEM DESIGN STANDARDS a) Except as provided in subsections 7.2 (b) and (c); a Building containing a mercantile assembly, industrial, institutional, business and personal service or multi-family residential occupancy must be protected by a fire sprinkler system designed and installed in accordance with the current edition of NFPA "Standard for Installation of Sprinkler Systems". b) Except as provided in subsection 7.2 (c); a Building containing a multi- family residential occupancy of up to four stories in height must be protected by a fire sprinkler system designed and installed in accordance with the current edition of NFPA "Standard for Installation of Sprinkler Systems" or the current edition of NFPA "Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height". c) A Building containing a two family dwelling must be sprinklered in accordance with the current edition of NFPA "Standard for Installation of Sprinkler Systems", the current edition of NFPA "Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height", or the current edition of NFPA "Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Mobile Homes". 7.3 FIRE SPRINKLER INSTALLATION EXCEPTIONS a) Except in a Building where a fire sprinkler system is required to be installed by the Building Code; or except where there is only one dwelling unit above another dwelling unit; the installation of a fire alarm system is not required as a result of requiring a fire sprinkler system to be installed under this Bylaw. b) The following categories of Buildings are exempt from the provisions of Section 7.1: i) detached portable classrooms; ii) Construction Site offices, tool sheds and similar Structures, during the period of Construction on any particular Site; iii) detached gas station canopies; Bylaw No. 4642 Page 14 . . . iv) detached Buildings and Structures under 50 m2 in area and 140 m3 in volume; v) one and two storey open air storage garages (parkades); and vi) fabric covered Structures, used for storage purposes only, accessory to a principal commercial or industrial Building. 7.4. DAMAGE TO BUILDINGS AND STRUCTURES a) A Building or Structure damaged or destroyed to the extent of 75% or more of its value above its foundation must not be repaired or reconstructed unless the whole of such Building or Structure is made to comply with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. 7.5 ENERGY STEP CODE a) Any new Part 9 Building constructed after March 31, 2024 containing a residential occupancy shall be designed and constructed to meet the specified requirements of the Energy Step Code and Zero Carbon Step Code as defined by the BC Building Code to a level of: i. Step Code 4 and EL-2 where the Permit Application is dated after March 31, 2024. ii. Step Code 4 and EL-3 where the Permit Application is dated after March 31, 2025.. iii. Rezoning applications proposing residential densities greater than or equal to 15 units per acre (UPA) that were submitted prior to January 31,2026, and where a Building Permit has not yet been issued for a previous phase of the project, shall have the option to proceed under the Energy Step Code and Zero Carbon Step Code requirements as per the current BC Building Code. iv. Where the option under 7.5 a) iii. is undertaken, the corresponding Permit Application must be submitted on or before December 31, 2026. v. A Permit Application submitted after December 31, 2026, shall comply with the Energy Step Code, and Zero Carbon Step Code, requirements in effect at the time of Building Permit issuance, or shall be subject to the current Provincial implementation timelines whichever is more restrictive. #6169 01/26/26 #5966 04/12/23 #5385 25/06/18 #5023 07/10/13 Bylaw No. 4642 Page 15 . . . b) Any new Part 3 Building constructed after 2022 containing a residential occupancy shall be designed and constructed to meet the specified requirements of the Energy Step Code as defined by the BC Building Code to a Level of Step 3. c) For a Part 9 Building that is required to be designed and constructed to meet a specified level of the Energy Step Code as above, but where the as constructed Building does not achieve the performance requirements of the applicable Step of the Energy Step Code, after all reasonable mitigation measures are implemented to the satisfaction of the Building Inspector, the Building Inspector may issue an accepted final inspection notice for the Building if it is verified by a Registered Professional or an energy advisor registered in good standing with Natural Resources Canada that the Building is constructed in compliance with the prescriptive or performance requirements otherwise set out in Part 9 of the BC Building Code for Energy Efficiency. 8.0 POWERS 8.1 The Building Inspector: a) must ensure that employees or persons charged with administration of this Bylaw carry identification; b) may enter any Building, Structure or Site at any reasonable time for the purpose of administering this Bylaw; c) may determine whether any method, or type of Construction, or material used in the Construction of any Building or Structure conforms with the requirements and provisions of the Building Code; d) may refuse to issue a Permit where the results of tests, materials, devices, Construction methods, structural and other assemblies, or foundation conditions are not compliant with, or alternate to, Building Code specifications for those tests, materials, devices, construction methods, structural and other assemblies, or foundation conditions; e) may order the correction of any Construction which is being or has been improperly done either under a Permit, or without authorization; and f) may order the cessation of Construction that is proceeding in contravention of this Bylaw, the Building Code or any other applicable enactments including other Township bylaws by the placing of a 'Stop Work Order' on the Building, Structure or Site. 9.0 RESPONSIBILITIES AND DUTIES OF THE OWNER 9.1 Every Owner of a Site or the Agent must: #5023 07/10/13 Bylaw No. 4642 Page 16 . . . a) obtain all Permits relating to all Construction prior to the work being commenced and must ensure that all Construction complies with the Building Code, this Bylaw and all other applicable enactments including other Township bylaws; b) obtain either an Erosion and Sediment Control Permit, a written exemption to the Erosion and Sediment Control Permit requirement, or ensure that all Best Management Practices listed in the Township of Langley Erosion and Sediment Control Bylaw are implemented and maintained prior to and during any clearing, grubbing, excavating, grading, filling, landscaping, installation of services, and Construction of Buildings or Structures; c) ensure that sediment, debris, or other deleterious material is not tracked onto or washed onto any municipal roads or sidewalks, and that all roadways and sidewalks are kept clean from any sediment, debris, or other deleterious material; d) in all cases where it is proposed to conduct the waste, surface, or roof water from a Building or Structure to a public sewer, make certain that the Building or Structure elevations are sufficient, and arrange the plumbing to suit the location and elevations of the connection provided by the Township; e) furnish such information as the Building Inspector or Township Engineer may require to show the proposed building sewers and drainage will be laid at acceptable depth, and in such a position to enable connection to the Township's services; f) provide adequate permanent or portable washroom facilities on the Site, until the Construction is completed; g) install containers/bins on the Site to dispose of all Construction debris and trades garbage until the Construction is complete as to keep the Site tidy, and as such to prevent the deposit or accumulation of Construction debris or trades garbage on any street, road, avenue, alley, sidewalk, boulevard or any part of a road allowance, or any property adjacent to the Site; and h) give at least 24 hours notice to the Building Inspector of the intention to start work on the Site. 9.2 INSPECTIONS a) The Owner must request all inspections required by this Bylaw and give the Township not less than 24 hours notice when requesting such inspections. b) The Building Inspector may require the Owner to request inspections and obtain an accepted inspection for various stages of Construction. #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 17 . . . c) The Owner must request the following inspections: i) after the Building or Structure or any portion thereof is complete and ready for occupancy but before the occupancy of any portion thereof; and ii) for other stages of Construction as the Building Inspector may require. d) Where required, surveys, engineering reports and any other documentation deemed necessary by the Building Inspector must be provided prior to an inspection being requested. e) The Building Inspector may require the Owner to retain a Registered Professional to conduct any inspection required by this Bylaw and provide to the Township evidence satisfactory to the Building Inspector that the inspection has been conducted by a Registered Professional and that the Construction inspected complies with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. f) Notwithstanding subsection a, b, c, d and e, the Building Inspector may attend the Site from time to time during the course of Construction to ascertain whether; i) the provisions of the Building Code, this Bylaw, and all other applicable enactments including other Township bylaws are being complied with; and ii) the required field reviews are taking place, and to monitor the field reviews by the Registered Professional. 9. 3 TOWNSHIP PROPERTY DAMAGE a) For the purpose of this section "Township Property" includes all road allowances, land and easements with all works and appurtenances therein and thereon, and "damage" includes, but is not limited, to the placement, dropping or deposit of any dirt, debris, materials, objects or substances upon Township Property. b) During the course of Construction or following the completion thereof, if, in the opinion of the Township Engineer, damage to Township Property has occurred, including but not limited to cracked or chipped curbs, cracked or scarred sidewalks, the Owner of the Site will be required to repair or replace the damaged Township Property, in such a manner and within such time limits as the Township Engineer may deem appropriate. c) Any Owner of a Site for which a Permit is issued must be responsible for the cost to repair or replace the damaged Township Property, Bylaw No. 4642 Page 18 . . . either directly or indirectly, as a result of the Construction under the Permit. d) Where applicable, the Owner must deposit with the Township cash, cheque, or an irrevocable letter of credit in the amount specified in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. e) The Owner is responsible for making an inspection of the existing condition of all Township Property adjacent to the Site and reporting any existing damage to the Building Inspector and Township Engineer prior to commencing Construction. If damage is observed by the Owner, Construction may not begin until the Township Engineer has verified the nature and extent of the damage. All damage determined at final inspection will be deemed to be caused by the Owner, unless reported as outlined above. 9. 4 GRADING RELATED TO CONSTRUCTION a) Where a Permit has been issued, the Construction on the Site must not result in works that include the deposit or removal of soil unless: i) the Site is the subject of a land development project for which the project and the engineering drawings and a servicing agreement where applicable for such works have been approved by the Township Engineer, ii) a valid soil deposit or removal permit has been obtained for the Site to include such works in accordance with Township of Langley Soil Deposit and Removal Bylaw, or iii) a Permit has been issued for Construction in accordance with this Bylaw where the works are limited to the facilitating the Construction of the subject Building or Structure, inclusive of the foundation, services, utilities and reasonable landscaping requirements. b) Where a Permit has been issued in accordance with this Bylaw and works as part of the Construction are undertaken under the provisions of 9.4(a)(iii), any grading of soils where the Construction is occurring shall: i) be in accordance with the quantity of soil deposit or removal as indicated by the Owner or Agent as part of the Permit Application, ii) comply with the Site plan as submitted from a Registered Professional when required by the Building Inspector for stormwater management and for lot grading design, #5023 07/10/13 #5023 07/10/13 #6099 03/24/25 Bylaw No. 4642 Page 19 . . . iii) not be performed within an area more than a 7.5m horizontal distance beyond the perimeter of the foundation around the subject Building or Structure, iv) not result in an alteration to the grading of the Site that existed prior to commencement of Construction that would result in more than a 5% revision to the existing grading, v) not increase groundwater and surface run-off rates onto adjoining Sites after completion of Construction than what existed prior to the commencement of Construction, and vi) except as otherwise outlined in the Township of Langley Zoning Bylaw as amended from time to time in relation to a Flood Construction Level, not result in Construction that would locate the surface of the first floor of a Building or Structure at an elevation of more than: A) 0.4m above the existing average grade of the Site at the perimeter of the subject Building or Structure if located equal to or less than a 7.5m distance from any property line, or B) 0.8m above the existing average grade of the Site at the perimeter of the subject Building or Structure if located more than a 7.5m distance from any property line. c) For the purpose of this section, a basement, as designated in the Township of Langley Zoning Bylaw as amended, is not included as a storey in determining the elevation of the surface of the first floor, provided the Construction is in accordance with the provisions for average grade at the perimeter of the foundation around the Building or Structure as indicated in 9.4 (b)(vi). d) Where a Permit has been issued in accordance with this Bylaw and results in the retention of soil on the subject Site that has been stripped, excavated, extracted, or stockpiled as part of the Construction, the soil material may not be graded in a manner to contravene the provisions of 9.4(b). 10. 0 DOCUMENTS ON THE SITE 10.1 Every Owner to whom a Permit is issued must, during Construction, keep posted in a conspicuous place on the Site: a) the Building Permit; b) the Owner's set of accepted plans, drawings and specifications on which the Permit was issued including but not limited to all building and plumbing service reports on the Site; Bylaw No. 4642 Page 20 . . . c) the civic address on the Site in a location visible from any adjoining streets; and d) copies of all field reviews performed by the Registered Professional. 11.0 ALTERNATIVE SOLUTIONS 11.1 The provisions of this Bylaw are not intended to prohibit the appropriate use of materials, equipment or methods of Construction. An Owner who wants to use an alternative solution for equivalent material, equipment, or method of Construction not specifically described in this Bylaw or the Building Code must submit to the Building Inspector sufficient evidence to demonstrate that the proposed alternative solution will provide the level of performance required by this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. 11.2 A proposal for an alternative solution must be in the form of a report from a Registered Professional; and in addition to the information and arguments presented to support the alternative solution proposal, must state: a) the Owner, the name and address of the Site; b) the background of the Registered Professional proposing the alternative solution and their qualifications and experience in this field; c) the sections of the Building Code, this Bylaw and all other applicable enactments including other Township bylaws for which the alternative solution is sought; and d) the author of the report is a Registered Professional and is providing documentation as required from the current edition of the BC Building Code, and will provide assurance on completion of the alterative solution work. 11.3 Alternative solution reports are to be accompanied by the fee for their review as set out in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time. 12.0 CLIMATIC DATA 12.1 Climatic Data for the design of Buildings and Structures must be that criteria contained in the Appendix to the current edition of the Building Code. 13.0 MOVING OF BUILDINGS #5023 07/10/13 #6099 03/24/25 #5023 07/10/13 #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 21 . . . 13.1 No person shall move any Building or Structure from one parcel of land to another parcel of land without first obtaining a Building Permit. 13.2 No Building or Structure shall be moved to another parcel of land without a Building Permit and route approval from the Township Engineer. 13.3 No Building or Structure shall be moved to another parcel of land unless it complies with or will be altered to comply with Township bylaws. 13.4 No Building or Structure shall be moved to another Site or parcel of land unless it conforms to, or is altered to conform to, the structural and architectural standards of the majority of the Buildings or Structures situated in the immediate vicinity of the Site or parcel of land to which it is to be moved. 13.5 Except where the Building or Structure being moved is to be used as incidental or subordinate to a residential or agricultural use, the Building Inspector must circulate a petition to the Owners of the 9 properties nearest to the proposed location of Building or Structure including a picture of the Building or Structure prior to it being moved, and must receive the written acknowledgement of at least six (6) of these Owners for the proposed move. 13.6 Applications to move any Building or Structure must be accompanied by a security deposit in the form acceptable to the Township and in the amount in accordance with Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time to ensure the Building or Structure is fully completed and an accepted final inspection is obtained within 6 months from the date of the Permit Issuance. The Building Inspector may grant an extension of not more than 3 months. 13.7 If the work required under Section 13.0 of this Bylaw is not completed within the permitted period, the security deposit must be forfeited to the Township and the Building Inspector must give the Permit Holder 30 days to remove the Building or Structure from the new parcel of land to which the Building or Structure has been moved. 13.8 Notwithstanding the foregoing, where the Building is to be used as a dwelling, it must: (a) have a minimum Building area of 75 m2; (b) not be moved to any parcel of land within a registered plan of subdivision containing more than 2 lots if no Buildings exist within the subdivision on the date of application; (c) in any Rural area of the Township, as designated in the Township of Langley Zoning Bylaw as amended, if moved on as other than a mobile home as a temporary accessory dwelling, be not more than 5 years older than the average of dwellings in the immediate vicinity of the parcel of land to which it is to be moved; #6099 03/24/25 Bylaw No. 4642 Page 22 . . . (d) in any Suburban Residential area of the Township, as designated in the Township of Langley Zoning Bylaw as amended, if moved on as a single family dwelling or mobile home, excluding a mobile home as a temporary accessory dwelling, be a new manufactured Building; and (e) in any Residential area of the Township, as designated in the Township of Langley Zoning Bylaw as amended, if moved on as a single family dwelling, be a new manufactured Building. 13.9 Upon application, an inspection of the Building or Structure will be made by the Building Inspector prior to moving of the Building or Structure. A non- refundable fee in accordance with Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time must apply to inspections outside the Township, within a radius of 50km. Fees for inspections for greater distances will be evaluated on an individual basis. 13.10 The acceptance of the Building or Structure by the Building Inspector for moving will be valid for no more than 6 months from the date of the inspection. 13.11 If the proposed Building or Structure move meets the requirements contained in Section 13.0 of this Bylaw, the Building Code and all other applicable enactments including other Township bylaws, a Permit may be issued. The Permit fee assessed for such Permits will be based on the value of all work required to move and complete Construction of the Building or Structure. 13.12 Notwithstanding all of the provisions of Section 13.0 of this Bylaw, an existing single family dwelling may only be moved onto a parcel of land located in a Rural area as defined in the Township of Langley Zoning Bylaw as amended from time to time. 13.13 Modular and or factory built Buildings and Structures for other than residential uses are only permitted to be moved onto a parcel of land located in a Rural area in compliance with agricultural uses as defined in the Township of Langley Zoning Bylaw as amended from time to time. 14.0 SECOND DWELLING 14.1 Where one dwelling unit only is permitted and is already lawfully in existence on a parcel of land as a first (existing) dwelling unit, the Owner or Agent may obtain a Building Permit to construct a second (new) dwelling unit on the same parcel of land within a: a) Rural area as defined in the Township of Langley Zoning Bylaw as amended from time to time, by providing a sworn statement of the Owner's intention to demolish the first dwelling unit, or to complete the conversion of it to a permitted use, within 60 days of occupying or permitting occupancy of the second dwelling unit; or b) Suburban Residential or Residential area as defined in the Township of Langley Zoning Bylaw as amended from time to time, by providing #5023 07/10/13 #6099 03/24/25 Bylaw No. 4642 Page 23 . . . a sworn statement of the Owner's intention to demolish the first dwelling unit within 60 days of occupying or permitting occupancy of the second dwelling unit. 14.2 A proposal to construct a second dwelling shall be accompanied by submitting a security deposit satisfactory to the Township in an amount as specified in Township of Langley Fees and Charges Bylaw 2007 No. 4616, as amended or replaced from time to time along with a written consent and authorization for the Township to enter upon the parcel of land, demolish the first dwelling unit, and apply the security deposit towards any costs involved in such demolition where the first dwelling unit has not been either demolished or converted to a permitted use within 60 days of issuance of an accepted final inspection notice for the second dwelling unit. 14.3 The Township will return the security deposit to the Owner upon receiving proof from the Owner that the first dwelling unit has either been demolished or acceptably converted to a permitted use in accordance with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. 15.0 SWIMMING POOLS 15.1 For the purposes of this Section, swimming pool must mean any permanently or seasonally constructed or prefabricated pool used or intended to be used for swimming, bathing or wading, having a surface area exceeding 14 m2 or a depth exceeding 450 mm. 15.2 Swimming pools must be enclosed by a fence or Structure. 15.3 Except for the special provisions relating to wire mesh fences in 15.6, every fence or Structure enclosing a swimming pool must be: a) not less than 1070 mm in height with no openings greater than 100 mm in their least dimension; and b) be designed so that no horizontal member or attachment located between 100 mm and 900 mm above ground level on the outside of the fence will facilitate climbing. 15.4 Access to the area enclosed by the required pool fence or Structure, other than through a dwelling unit, must be by means of a self-closing and self- latching door or gate designed to return to the secured latched position when not in use. 15.5 Latches securing access doors and gates must not be accessible from the outside of the fence, and must be located a minimum of 220 mm from the top of the door or gate; and a minimum of 450 mm from any opening in the door, gate, or fence. #6099 03/24/25 Bylaw No. 4642 Page 24 . . . 15.6 Notwithstanding the provisions of Section 15.3, wire mesh fencing and gates will only be accepted where: a) the mesh is diagonal; b) the mesh strands are no more than 60 mm apart in both directions; c) the mesh strands have been woven, welded, or otherwise constructed in such a manner as to be dimensionally stable; d) the fence and gate are securely braced top and bottom to prevent sagging, bulging, or lifting; and e) the fence and gate are a minimum of 1219 mm in height. 16.0 RETAINING STRUCTURES 16.1 The Construction of retaining walls or other similar types of Structures is not permitted unless a Permit has been obtained for which a Site plan has been submitted to the Building Inspector from a Registered Professional for stormwater and for lot grading storm design to establish compliance with this Bylaw, the Building Code and all other applicable enactments including other Township bylaws. 16.2 A Registered Professional must undertake the design and conduct field reviews of the Construction of a retaining wall or Structure greater than 1.2 meters in height measured from finished grade of the lower level to the top of the wall or Structure. 17.0 VALIDITY 17.1 Should any section or provisions of this Bylaw be declared by a court of competent jurisdiction to be invalid, such decision must not affect the validity of the Bylaw as a whole or any part thereof other than the part so declared to be invalid. 18.0 PENALTY 18.1 A person who contravenes this Bylaw may be subject to penalties specified in the Corporation of the Township of Langley Bylaw Notice Enforcement Bylaw 2008 No. 4703, as amended. 18.2 A person who contravenes this Bylaw or the Building Code commits an offence against the Bylaw and is liable to a penalty not exceeding $10,000.00 18.3 Where the offence is a continuing one, each day the offence continues shall be a separate offence. #5023 07/10/13 #5023 07/10/13 Bylaw No. 4642 Page 25 . . . 19.0 SCHEDULES 19.1 The Schedules annexed hereto and marked Appendix A are hereby incorporated by reference into and forms an integral part of this Bylaw. 20.0 REPEAL 20.1 "Langley Building 2001, No. 4055 and all amendments thereto is hereby repealed. READ A FIRST TIME the 04 day of February , 2008 READ A SECOND TIME the 04 day of February , 2008 READ A THIRD TIME the 04 day of February , 2008 RECONSIDERED AND ADOPTED the 18 day of February , 2008 "K. ALBERTS" Mayor "E. BRITTON" Township Clerk #5385 25/06/18 #5023 07/10/13 Bylaw No. 4642 Page 23 . . . THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY BUILDING BYLAW 2008 NO. 4642 APPENDIX "A" 1.0 GENERAL a) WORK WITHOUT PERMIT - If any Construction for which a Permit is required under this Bylaw begins before Permit Issuance has occurred, the fee payable as determined in Schedule 18 of the Fees and Charges Bylaw 2007 No. 4616 may be doubled. b) WORK CONCEALED PRIOR TO INSPECTION - If any work for which a Permit has been issued under this Bylaw that has been covered up, completed, or performed without an inspection being accepted, a fee of double the value prescribed in Schedule 18 of the Fees and Charges Bylaw 2007 No. 4616 must be paid for each inspection required where works have been concealed as the Building Inspector deems appropriate prior to the next inspection. 2.0 LANDSCAPE BOND To ensure that landscape works for constructed projects is completed in accordance with the accepted plans, a landscape bond in the amount of the approved landscape estimate will be provided at the time of Permit Issuance. The landscape bond will be released once the work has been approved by the Township. 3.0 DAMAGE AND COMPLIANCE BOND a) Damage and compliance bonds collected must be in the form of cash or cheque for the first $5,000.00. Monies in excess of $5,000.00 may be collected in the form of an irrevocable letter of credit. b) These damage and compliance bonds may be applied by the Township in payment of any costs or expenses which may be incurred by the Township in repairing, installing or replacing Township Properties which are damaged during, and such damage is attributable to, the carrying out or Construction of the works authorized by the said Permit or which are incidental to such works; or, for clearing any debris, materials, dirt, chattels or equipment which has accumulated on any street, road, avenue, alley, sidewalk, boulevard or any part of a road allowance as a result of work carried out in connection with the said Permit. c) The damage and compliance bond will be returned to the Permit Holder after: i) a final inspection has been accepted by the Building Inspector, #6239 07/27/26 Bylaw No. 4642 Page 24 . . . ii) the Building Inspector has ascertained either that no damage has occurred or that if any damage to Township Property has occurred, the said damage has been repaired or corrected to the satisfaction of the Building Inspector, and iii) where a development permit has been issued for the Site in conjunction with the Construction included as part of the subject Permit as part of this Bylaw, verification from a Registered Professional or other appropriate industry authority that the Construction works have been completed in substantial conformance with the conditions listed as part of the development permit. d) The Building Inspector must inspect Township Properties adjacent to the Construction Site after final inspection and acceptance of Construction. Any damage to Township Properties caused directly or indirectly by the Construction related to the Permit not repaired or corrected at the date of such inspection, must be recorded, and the Owner or Agent must be required to repair or correct the damage within 45 days from the date of notification. Failure to repair or correct the damage within the said 45 days, must result in the forfeiture of the full amount of the damage and compliance bond, which will be used by the Township to complete the repairs, and the Permit Holder must have no further claim upon the damage and compliance bond or any part thereof. The Township must, at its convenience, complete the necessary repairs and the full cost of the repairs must be taken from the damage and compliance bond. Should the damage and compliance bond be more than the cost of the repairs the remainder will be returned to the Owner or Agent. Should the cost of the repairs be more than the damage and compliance bond, the Owner or Agent of the property for which the Permit has been issued will be required to pay those costs exceeding the damage and compliance bond. If the costs are not paid they may be added to, and collected in the same manner as taxes. e) Where during the course of Construction the Building Inspector, discovers that any street, road, avenue, alley, sidewalk, boulevard or any part of a road allowance is obstructed by debris, materials, dirt, chattels or equipment of the Owner or his Agent, he or she will have debris, material dirt, chattels or equipment cleaned up without notice and all costs deducted from the deposited cash, cheque, or irrevocable letter of credit provided by the Owner or Agent. The Owner or Agent will then be required to deposit sufficient money to return the damage and compliance bond to its original amount. f) Forfeiture of damage and compliance bond moneys in no way relieves the Owner or Agent of responsibility for the total cost of repair or correction should the cost exceed the damage and compliance bond money. g) The Owner or Agent is responsible for making an inspection of all Township Properties adjacent to the Site and must submit a report, with photographs attached, of any existing damage, to the Township Engineer, prior to commencing Construction. All damage at final inspections will be assumed to be caused by the Owner or Agent, unless reported as outlined above. Bylaw No. 4642 Page 25 . . . 4.0 GREEN BUILDING PERMIT REBATE PROGRAM A) For the purpose of this Section, the following definitions apply: 1. "Eligible Dwelling Unit" means Construction of a new Part 9 dwelling unit less than 600m2 in Building area, or alteration, addition, or renovation of an existing Part 9 dwelling unit where a Permit Application is submitted on or after January 1, 2014, and upon completion of Construction achieves an efficiency rating, to a performance level of: a) for a new dwelling unit to a minimum level of Step 5 of the Energy Step Code, or Passive House certification, as outlined in the BC Building Code for a single family dwelling unit, two family dwellings, townhouses, rowhouses, or manorhomes, or b) for an existing single family dwelling where the Building is altered, added to, or renovated, and upon its completion, where the annual energy consumption rating of the Building, electric base loads excluded from the comparison, is reduced from its pre-existing level as established by the EnerGuide Rating System. B) The Green Building Permit Rebate fee as prescribed in Schedule 18 of the Fees and Charges Bylaw 2007 No. 4616 may be issued for an Eligible Dwelling Unit when the Permit Holder has provided to the satisfaction of the Building Inspector within 90 days of receiving an accepted final inspection notice: a) the program enrollment form, b) confirmation from a Certified Energy Advisor that a pre-construction energy efficiency evaluation was conducted for the Eligible Dwelling Unit (P or D file), c) verification from a Certified Energy Advisor that Construction has achieved the applicable level of performance as specified in the Energy Step Code for consideration as an Eligible Dwelling Unit as described in Schedule 18 of the Fees and Charges Bylaw 2007 No. 4616 in the form of an Energy Efficiency evaluation report (N or E file), d) verification that the Eligible Dwelling Unit information file has been submitted and accepted to National Resource Canada's EnerGuide for Houses database, and e) in the absence of b), c) or d) above, confirmation of Passive House certification, and f) the program rebate submission form. Bylaw No. 4642 Page 26 . . . C) Eligibility for, and issuance of, a Green Building Permit Rebate under Schedule 18 of the Fees and Charges Bylaw 2007 No. 4616 is at the sole discretion of the Township, and is subject to the requirements, limitations, and availability of funding established in the Fees and Charges Bylaw 2007 No. 4616. Receipt of a Green Building Permit Rebate shall in no way relieve the Owner from having to carry out any Construction, or having any Construction carried out, in accordance with the requirements of the Building Code, this Bylaw, and all other applicable enactments, including without limitation, all other Township bylaws.