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VILLAGE OF LIONS BAY
BUILDING BYLAW NO. 649, 2026
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Table of Contents
Part 1: TITLE .................................................................................................................................... 5
Citation ........................................................................................................................................ 5
Part 2: PURPOSE OF BYLAW ............................................................................................................ 5
Part 3: SCOPE AND EXEMPTIONS .................................................................................................... 6
Application .................................................................................................................................. 6
Limited Application to Existing Buildings .................................................................................... 7
Part 4: PROHIBITIONS ..................................................................................................................... 7
Part 5: PERMIT CONDITIONS ........................................................................................................... 8
Part 6: POWERS OF A BUILDING OFFICIAL ...................................................................................... 9
Administration ............................................................................................................................ 9
Refusal and Revocation of Permits ........................................................................................... 10
Right of Entry ............................................................................................................................ 10
Part 7: OWNER'S RESPONSIBILITIES.............................................................................................. 11
Permit Requirements ................................................................................................................ 11
Owner's Obligations .................................................................................................................. 11
Damage to Municipal Works..................................................................................................... 12
Demolition ................................................................................................................................ 12
Notice ........................................................................................................................................ 13
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR ..................................................................... 14
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ............................................................. 14
Professional Design and Field Review....................................................................................... 14
Requirement for a Registered Professional .............................................................................. 15
Professional Plan Certification .................................................................................................. 16
Part 10: BUILDING APPLICATION requirements ........................................................................... 17
Requirements Before Applying for a Building Permit ............................................................... 17
Building Permit Applications for Complex Buildings ................................................................ 18
Building Permit Applications for Simple Buildings .................................................................... 20
Site and Location Information .................................................................................................. 23
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Building Permit Fee ................................................................................................................... 23
Permit Fee Refunds ................................................................................................................... 25
Design Modification .................................................................................................................. 25
Construction Before Permit Issued ........................................................................................... 25
Expiration of Application for a Permit ...................................................................................... 25
Issuance of a Building Permit .................................................................................................... 25
Compliance with the Homeowner Protection Act .................................................................... 26
Partial Construction .................................................................................................................. 26
Conditions of a Building Permit ................................................................................................ 27
Inspections ................................................................................................................................ 27
Stop Work Order ....................................................................................................................... 29
Do Not Occupy Notice ............................................................................................................... 30
Inspection and Other Fees ........................................................................................................ 30
Permit Expiration ...................................................................................................................... 31
Permit Extension ....................................................................................................................... 31
Building Permit Revocation ....................................................................................................... 31
Building Permit Cancellation ..................................................................................................... 32
Occupancy ................................................................................................................................. 32
Temporary Buildings ................................................................................................................. 33
Sanitary Facilities ...................................................................................................................... 35
Part 11: RETAINING WALLS AND GRADES .................................................................................... 35
Part 12: BUILDING MOVE .............................................................................................................. 35
Part 13: POOLS .............................................................................................................................. 36
Swimming Pool Permit and Fencing ......................................................................................... 36
Pool Gate ................................................................................................................................... 36
Spa or Hot Tub Lid ..................................................................................................................... 36
Maintenance ............................................................................................................................. 36
Part 14: ENERGY CONSERVATION AND GHG EMISSION REDUCTION .......................................... 37
Part 15: OFFENCES ........................................................................................................................ 37
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Violations .................................................................................................................................. 37
Deemed Offence ....................................................................................................................... 38
Ticketing .................................................................................................................................... 38
Part 16: INTERPRETATION ............................................................................................................. 38
Definitions ................................................................................................................................. 38
Appendices ................................................................................................................................ 42
Severability ................................................................................................................................ 42
Part 17: REPEAL ............................................................................................................................. 42
20.1 Village of Lions Bay Building BYLAW No. 234, 1994, as amended, is repealed. ................... 42
Part 18: IN FORCE .......................................................................................................................... 42
Appendix A - Owner's Undertaking .............................................................................................. 44
Appendix B - Confirmation of Professional Liability Insurance .................................................... 50
Appendix C - Confirmation of Required Documentation ............................................................. 52
Appendix D - Offences .................................................................................................................. 55
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Village of Lions Bay
BUILDING BYLAW No. 649, 2026
A Bylaw for Administration of the Building Code and Regulation of Construction
_____________________________________________________________________________
GIVEN that the Village Council:
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings and
structures under sections 8(3)(g) and (l) of the Community Charter for the following
matters under section 53(2):
(a) the provision of access to a building or other structure, or to part of a building or
other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Lions Bay 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 Village of Lions Bay enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Building Bylaw No. 649, 2026".
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance
with this Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the provisions of this
Part.
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2.3
This bylaw is enacted to regulate, prohibit, and impose requirements with respect to
construction in the Village in the public interest.
2.4
The purpose of this bylaw does not extend to:
(a) the protection of owners, subsequent owners, designers, or constructors from
economic loss;
(b) the assumption by the Village or any building official of any responsibility for
ensuring the compliance by any owner or his or her representatives, any
employees, constructors, or designers retained by the owner, with the building
code, the requirements of this bylaw, or other applicable enactments, codes, or
standards;
(c) providing any person a warranty of design, workmanship, or compliance with this
bylaw, other bylaws of the Village, or the building code with respect to any
building or structure for which a building permit or final inspection notice is issued
under this bylaw;
(d) providing any person or subsequent owner a warranty or assurance that
construction undertaken under building permits issued by the Village is free from
latent, or any, defects or complies with the building code; or,
(e) the protection of any other real property from incidental damage or nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the Village and to land, the surface of
water, air space, buildings, or structures in the Village.
3.2
This bylaw applies to the design, construction, or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation,
occupancy, change of use, or change of occupancy of existing buildings and structures.
3.3
This bylaw does not apply to:
(a) except as set out in Part 11: of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10 square metres;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.22 metres in height, or
other similar landscape structures on a parcel zoned for single-family residential
occupancy uses under the Village's zoning bylaw;
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(d) a building or structure commonly known as "Canadian Standards Association Z240
MH series, Z241 series or A277 series", except as regulated by the Building Code.
Limited Application to Existing Buildings
3.4
Except as provided in the building code or to the extent an existing building is under
construction or does not have an final inspection notice, 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 or altered, unless
it is expressly so provided by this or another bylaw, regulation, or statute.
3.5
This bylaw applies if the whole or any part of an existing building is moved either within
or into the Village, including relocation relative to parcel lines created by subdivision or
consolidation. Part 12: applies to building moves.
3.6
If an alteration is made to an existing building the alteration must comply with this
bylaw and the building code and the entire building must be made to comply with this
bylaw and the building code, but only to the extent necessary to addresses any new
infractions introduced in the remainder of the building as a result of the alteration.
3.7
If an alteration creates an addition to an existing building, the alteration or addition
must comply with this bylaw and the building code and the entire building must be
made to comply with this bylaw and the building code, but only to the extent necessary
to address any new infractions introduced in the remainder of the building as a result of
the alteration or addition.
PART 4: PROHIBITIONS
4.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation, or change the use or occupancy of any
building or structure, including other work related to construction:
(a) except in conformity with the requirements of the building code and this bylaw;
and
(b) unless a building official has issued a valid and subsisting permit for the work
under this bylaw.
4.2
A person must not occupy or permit the occupancy of any building or structure or part of
any building or structure:
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(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.
4.3
A person must not knowingly submit false or misleading information to a building
official in relation to any permit application or construction undertaken pursuant to this
bylaw.
4.4
Except in accordance with this bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter, or modify plans and supporting
documents after the same have been reviewed by the building official, or plans and
supporting documents which have been filed for reference with the building official
after a permit has been issued.
4.5
A person must not, unless authorized in writing by a building official, reverse, alter,
deface, cover, remove, or in any way tamper with any notice, permit, or certificate
posted or affixed to a building or structure pursuant to this bylaw.
4.6
A person must not do any work that is substantially at variance with the accepted design
or plans of a building, structure, or other works for which a permit has been issued,
unless that variance has been authorized in writing by a building official.
4.7
A person must not interfere with or obstruct the entry of a building official or other
authorized official of the Village on and into property in the administration of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously posted
on the front of the premises or on a sign post so it may be easily read from the public
highway from which it takes its address.
4.9
A person must not contravene an administrative requirement of a building official made
under section 6.6 or any other provision of this bylaw.
4.10
A person must not change the use, occupancy, or both of a building or structure or a
part of a building or structure without first applying for and obtaining a building permit
under this bylaw.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
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5.2
Neither the issuance of a permit under this bylaw, nor the acceptance or review of
plans, drawings, specifications, technical specifications, letters of assurance, or any
other supporting documents, nor any inspections made by or on behalf of the Village
will in any way:
(a) relieve the owner (and if the owner is acting through an agent, the agent of the
owner), from full and sole responsibility to perform the work in respect of which
the permit was issued in strict compliance with this bylaw, the building code, and
all other applicable codes, standards, and enactments;
(b) constitute a representation, warranty, assurance, or statement that the building
code, this bylaw or any other applicable enactments respecting safety, protection,
land use, and zoning have been complied with; or,
(c) constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship.
5.3
No person shall rely on any permit as establishing compliance with this bylaw or assume
or conclude that this bylaw has been administered or enforced according to its terms.
5.4
Without limiting section 5.2(a), it is the full and sole responsibility of the owner (and if
the owner is acting through a representative, the representative of the owner), to carry
out the work in respect of which the permit was issued in compliance with the building
code, this bylaw and all other applicable codes, standards, and enactments.
PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are be construed as internal
administrative powers and not as creating a duty.
6.2
A building official may:
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices, 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,
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(d) direct that tests of materials, equipment, devices, construction methods, structural
assemblies, or foundations be carried out, or that sufficient evidence or proof be
submitted by the owner, at the owner's sole expense, where such evidence or
proof is necessary to determine whether the material, equipment, device,
construction, or foundation condition complies with this bylaw and the building
code.
Refusal and Revocation of Permits
6.3
A building official may refuse to issue a permit if the proposed work will contravene the
requirements of the building code or the provisions of this or any other bylaw of the
Village and must state the reason in writing.
6.4
A building official may revoke a permit if, in their opinion, the results of tests on
materials, devices, construction methods, structural assemblies, or foundation
conditions contravene the building code or the provisions of this bylaw, or both, or if all
permits required under this bylaw have not been obtained.
Right of Entry
6.5
Subject to section 16 of the Community Charter, a building official may enter on and into
property at any time to ascertain whether the requirements of this bylaw are being met.
Powers
6.6
Subject to applicable enactments, a building official may by notice in writing require:
(a) a person who contravenes any provision of this bylaw to comply with that
provision within the time ordered;
(b) an owner to stop work on a building or structure, or any part of a building or
structure, if the work is proceeding in contravention of this bylaw, the building
code, or any other enactment of the Village or other applicable enactments or if
there is deemed to be an unsafe condition, and may enter on property to affix or
post a stop work order in the form prescribed by the building official;
(c) an owner to remove or prevent any unauthorized encroachment on a public
parcel, a statutory right of way, an easement, or a setback or yard required under
an enactment;
(d) an owner to remove any building or structure, or any part of a building or
structure, constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary
to this bylaw or an order issued by a building official;
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(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.
6.7
Every reference to "owner" in section 6.6 includes a reference to the owner's agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that notice:
(i) within the time ordered, or,
(ii) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this bylaw, every owner must apply for and obtain a permit, prior
to:
(a) constructing, repairing, or altering a building or structure, including a retaining wall
and the structural elements of a pool;
(b) moving a building or structure into or within the Village;
(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or
chimney, whether attached to, part of, or detached from a building;
(f) changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
7.2
Every owner must ensure that plans submitted with a permit application bear the name,
phone number, address, and email address of the designer of the building or structure.
Owner's Obligations
7.3
Every owner must:
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(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, plans, specifications, and supporting documents on which
a permit was based, and all municipal inspection certificates, and all professional
field reviews are available at the site of the work for inspection during working
hours by the building official, and that all permits are posted conspicuously on the
site during the entire execution of the work; and,
(c) prior to the issuance of a building permit, execute and submit to the Village an
owner's undertaking in the form attached as Appendix A.
7.4
Every owner 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 Village and neither of the issuance of a permit under this bylaw, the review of plans
and supporting documents, or inspections made by a building official or a registered
professional shall relieve the owner, or his or her agent, from full and sole responsibility
to perform the work in strict accordance with this bylaw, the building code, and all other
applicable codes, standards, and enactments.
7.5
Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw.
7.6
Every owner to whom a permit is issued must, during construction post the permit on
the property so that it may be easily read from the public highway from which the
property takes its address.
Damage to Municipal Works
7.7
Every owner to whom a permit is issued is responsible for the cost to repair any damage
to municipal works or land that occurs during and arises directly or indirectly from the
work authorized by the permit.
7.8
In addition to payment of a security deposit under sections 10.7 to 10.12, every owner
must pay to the Village, within 30 days of receiving an invoice for same from the Village,
the cost to repair any damage to public property or works located on public property
arising directly or indirectly from work for which a permit was issued.
Demolition
7.9
Prior to obtaining a permit to demolish a building or structure, the owner must:
(a) provide to the Village a vacancy date;
13
(b) pay capping and inspection chamber installation fees as set out in the Village's
bylaws governing fees for waterworks and sewer; and
(c) ensure that all municipal services and other services are capped and terminated at
the property line in a Village standard inspection chamber and valve arrangement.
7.10
Every owner must ensure that, on completion of all demolition procedures, all debris
and fill are cleared and the site is levelled or graded, or made safe if levelling and
grading are not possible.
Notice
7.11
Every owner must, at least 2 days 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.
7.12
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.
7.13
If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must terminate
all work under a building permit until the owner has engaged a new registered
professional, including a coordinating registered professional, and has delivered to a
building official new letters of assurance.
7.14
Without limiting the requirements of sections 10.27 to 10.33, every owner must give at
least 2 days 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 an inspection can be made.
7.15
Every owner must give notice in writing to a building official and pay the non-refundable
fee set out in the Village's bylaws governing fees immediately upon any change in
ownership or change in the address of the owner which occurs prior to the issuance of a
final inspection notice.
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7.16
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.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the building code, this bylaw, and all other applicable, codes, standards,
and enactments.
8.2
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public is disturbed, no building or structure erected, and no
materials stored thereon, in whole or in part, without first having obtained approval in
writing from the appropriate authority over such public property.
8.3
For the purposes of the administration and enforcement of this bylaw, every constructor
is responsible jointly and severally with the owner for all work undertaken.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the Village 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 Village with letters of assurance in the
form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7,
Division C, of the building code.
9.2
If a registered professional provides letters of assurance in accordance with the building
code, they must also provide proof of professional liability insurance to the building
official in the form and amount set by Appendix B to this bylaw.
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Requirement for a Registered Professional
9.3
The owner must retain a registered professional to provide a professional design and
plan certification and letters of assurance in the form of Schedules A, B, C-A and C-B
referred to in subsection 2.2.7, Division C, of the building code, in respect of a permit
application:
(a) prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex building,
(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 Village with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to in
subsection 2.2.7, Division C, of the building code;
(c) for foundation and excavation components of new simple buildings and
additions greater than 55 square metres to simple buildings in accordance with
the building code and for retaining walls and construction or structural
alterations of pools but not for garages, carports, and garden structures;
(d) a building that is designed with common egress systems for the occupants and
requires the use of firewalls in accordance with the building code;
(e) prior to alterations to a building, or to a structural component of a building
described in paragraph (b) in this section;
(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 two dwellings, 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 requirement for a professional design is in addition to a
requirement under Division 8 of Part 3 of the Community Charter:
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the
use intended; and,
(ii) that the plans submitted with the application comply with the
relevant provisions of the building code and applicable bylaws of the
Village.
16
9.4
The building official may require any registered professional carrying out the
professional design and field review required under section 9.3 to provide evidence that
they have experience and expertise in respect of the professional design and field review
of the context and scope required.
Professional Plan Certification
9.5
The letters of assurance in the form of Schedules A and B as referred to in subsection
2.2.7, Division C, of the building code referred to in sections 9.1 and 9.3 are:
(a) relied upon by the Village and its building officials as certification that the design
and plans to which the letters of assurance refer comply with the building code,
this bylaw and other applicable enactment,
and acceptance of the same does not:
(b) constitute in any way a representation, warranty, or assurance that the Village
has reviewed the same;
(c) constitute in any way a representation, warranty, or assurance that the lands,
building, or structure can be safely used or occupied; or,
(d) constitute in any way a representation, warranty, or assurance that the
construction and works on the lands, building, or structure do not pose a hazard,
danger, or unsafe condition for any other lands, buildings, or structures.
9.6
Letters of assurance must be in the form of Schedules A and B referred to in subsection
2.2.7, Division C, of the building code.
9.7
For a building permit issued for the construction of a complex building, the building
official shall provide the owner with a notice that the building permit is issued in reliance
on the certification of the registered professional that the professional design and plans
submitted in support of the application for the building permit comply with the building
code and other applicable enactments. Any failure on the part of the building official to
provide the owner with the notice will not diminish or invalidate the reliance by the
Village or its building officials on the registered professionals.
9.8
If a building permit is issued for a construction of a complex building, the permit fee is
reduced by 5% of the fees payable under the Village's bylaws governing fees, up to a
maximum reduction of $500.00 (five hundred dollars).
17
PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements Before Applying for a Building Permit
10.1
Prior to issuance of a building permit, the owner must satisfy the following requirements
or conditions:
(a) the owner must apply for and obtain a development permit if the building or
structure is in an area designated by the Village's Official Community Plan as a
development permit area;
(b) the owner must ensure that the proposed building or structure complies with all
bylaws of the Village, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit, or order of the Board of
Variance;
(c) an approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or structure
will be constructed, and the subdivision plan must have been registered in the
Land Title Office;
(d) the owner must provide evidence to the building official showing that the person
applying for the building permit is either the owner of the parcel that is the subject
of the proposed building permit, or is the agent of the owner, in which case, the
agent must provide the name and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended to
be connected to the Village's sewage disposal system, the owner must apply for
and obtain approval from other applicable public authorities for an alternate
private sewage disposal system and provide the Village with a copy of such
approval before a building permit can be issued;
(f) if the parcel that is the subject of the building permit application is not intended to
be connected to the Village's waterworks system, the owner must apply for and
obtain approval from other applicable public authorities for an alternate water
supply system and provide the Village with a copy of such approval before a
building permit can be issued;
(g) if the parcel that is the subject of the building permit application is not intended to
be connected to The Village's storm water drainage system, the owner must apply
for and obtain approval from the Village and other applicable public authorities for
the alternate storm water drainage and detention system; and,
(h) if all on site and off site works and services required by a Village bylaw or other
enactment have not been completed in accordance with the enactments, the
owner must enter into a completion agreement with the Village and deliver to the
Village letters of credit or cash security for completion of the works and service.
18
Building Permit Applications for Complex Buildings
10.2
An application for a building permit with respect to a complex building must:
(a) be made using the form prescribed by the building official, and signed by the
owner, or a signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form attached as Appendix A to this bylaw and signed by
the owner, or a signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d) include a 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, building height, number of streets the building faces, and
accessible entrances, work areas, washrooms, firewalls, and facilities;
(e) include a copy of a survey plan prepared by a British Columbia land surveyor;
(f) include a site plan prepared by a registered professional showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of
way, easements, setback requirements, adjacent street, and lane names;
(iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
(v)
setbacks to the natural boundary of any watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed private or
other alternative sewage disposal system, water supply system, and
storm water drainage system;
(viii)
zoning compliance summary;
(ix)
the location, dimensions, and gradient of parking and parking access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to
ascertain foundation height;
(xii)
first storey floor elevation;
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(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 of top bank and water courses;
(xviii) 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 Village's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that the building official may waive, in whole or in part, the requirements for
a site plan if the permit is sought for the repair or alteration of an existing building or
structure;
(g) include floor plans showing the dimensions and uses and occupancy classification
of all areas, including the dimensions and height of crawl and roof spaces; the
location, size, and swing of doors; the location, size and opening of windows;
floor, wall, and ceiling finishes; fire separations; plumbing fixtures; structural
elements; and stair dimensions;
(h) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights, and constructions
systems;
(i) 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 Village zoning bylaw and development permit;
(j) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6, and
2.2.9, Division C of the building code;
(l) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits, and ministry of health approvals;
(m) include a letter of assurance in the form of Schedule A referred to in subsection
2.2.7 Division C, of the building code, signed by the owner, or a signing officer if
the owner is a corporation, and the coordinating registered professional;
(n) include letters of assurance in the form of Schedule B referred to in subsection
2.2.7 Division C, of the building code, each signed by such registered
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professionals as the building official or building code may require to prepare the
design for and conduct field reviews of the construction of the building;
(o) include two sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (k) of this
section; and,
(p) include illustration of any slopes on the subject parcel that exceed 30%.
10.3
In addition to the requirements of section 10.2 of this bylaw, a building official may
require the following to be submitted with a permit application for the construction of a
complex building if the complexity of the proposed building or structure or siting
circumstances warrant:
(a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional,
in accordance with the Village'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
bylaws and enactments relating to the building or structure.
Building Permit Applications for Simple Buildings
10.4
An application for a building permit with respect to a simple building must:
(a) be made in the form prescribed by the building official and signed by the owner,
or a signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form attached as Appendix A and signed by the owner,
or a signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d) include a 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;
(e) include a site plan showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
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(iii)
the location and dimensions of existing and proposed statutory rights of
way, easements, setback requirements, adjacent street, and lane names;
(iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
(v)
setbacks to the natural boundary of any watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed alternative
private or other sewage disposal system, water supply system, or storm
water drainage system;
(viii)
the location, dimensions and gradient of parking and parking access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at building corners and datum determination
points;
(xi)
first storey floor elevation;
(xii)
location, setbacks, and elevations of all retaining walls, steps, stairs, and
decks;
(xiii)
line of upper floors;
(xiv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xv)
location of existing and proposed service connections;
(xvi)
location of top bank and water courses;
(xvii) accessible paths of travel from the street to the building;
(xviii) zoning compliance summary;
(xix)
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 Village's
land use regulations or provincial flood 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;
(f) include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl and roof spaces; the location, location, size, and
swing of doors; the location, size and opening of windows; floor, wall, and
ceiling finishes; plumbing fixtures; structural elements; and stair dimensions;
(g) include a cross-section through the building illustrating foundations, drainage,
ceiling heights and construction systems;
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(h) 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 Village
zoning and, if applicable, development permit;
(i) 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;
(j) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, Ministry of
Transportation and Infrastructure approvals, and Ministry of Health approvals;
(k) except for garages, carports, and garden structures located on land, include a
foundation and excavation design prepared by a registered professional in
accordance with the building code;
(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 scale of ¼ inch to 1 foot including the
information set out in (f) to (i) of this section; and,
(n) include a building code compliance summary including the applicable edition of
the building code, such as, without limitation, whether the building is designed
under Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C of the
building code.
10.5
In addition to the requirements of section 10.4 of this Part, if a project involves
(a) two or more buildings, the gross floor areas of which in the aggregate total
more than 1000 square metres;
(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting
circumstances warrant,
a building official may require the following be submitted with a permit application for
the construction of each simple building in the project:
(d) a section through the site showing grades, buildings, structures, parking areas,
and driveways;
(e) a roof plan and roof height calculations;
(f) structural, electrical, plumbing, mechanical, and fire suppression drawings
prepared and sealed by a registered professional;
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(g) letters of assurance in the form of Schedule B referred to in Division C of the
building code, signed by a registered professional; and
(h) any other information required by the building official or the building code to
establish substantial compliance with this bylaw, the building code, and other
bylaws and enactments relating to the building or structure.
Site and Location Information
10.6
Without limiting the requirements of sections 10.2(f) or 10.4(d) of this Part, the building
official may in writing require an owner to submit an up-to-date plan or survey prepared
by a registered British Columbia land surveyor which contains sufficient information
respecting the site and location of any building to:
(a) establish, before construction begins, that all the provisions of this bylaw in
relation to this information will be complied with;
(b) verify, during and upon completion of the construction, that all provisions of
this and other applicable bylaw have been complied with;
(c) in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site, or
its relationship to neighbouring grades; and,
(d) in relation to construction of a new building, or addition to an existing building,
prior to and after the placement of concrete for foundations and footings, show
the elevation at proposed top of concrete on all building elevations and at all
significant changes of elevation to substantiate its size, location, and elevation,
and every person served with a written requirement under this section must comply
with the requirement.
Building Permit Fee
10.7
At the time of submitting a building permit application the owner must submit:
(a) the building permit application fee prescribed in the Village's bylaws governing
fees; and,
(b) the security deposit in the amounts set out in the Village's bylaws governing
fees.
10.8
Before receiving a building permit for a building or structure, the owner must first pay to
the Village:
(a) the building permit fee prescribed in the Village's bylaws governing fees; and,
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(b) any fees, charges, levies, or taxes imposed by the Village and payable under an
enactment at the time of issuance of the building permit.
10.9
The security deposit required by section 10.7:
(a) will be applied to the cost borne by the Village to maintain, restore, or replace
any public works or public lands which are destroyed, damaged, or otherwise
impaired in the carrying out of the work referred to in any building permit held
by the applicant;
(b) will be applied to the cost borne by the Village to make the site safe if the
permit holder abandons or fails to complete the work as designated on the
permit;
(c) serves as the security deposit for provisional occupancy when the final
inspection notice makes provision for a security deposit; and,
(d) serves as a security deposit to effect compliance with any condition under
which the permit was issued.
10.10 The security deposit or applicable portion must be returned to the applicant:
(a) when the building official is satisfied that no further damage to public works or
public lands will occur;
(b) when the inspections required by this bylaw are complete and acceptable to
the building official; and,
(c) when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the building official;
only if the applicant has requested the return of the security.
10.11 Any credit greater than the amount of the security deposit used by the Village for the
purposes described in sections 10.9 to 10.10 of this Part will be returned to the permit
holder upon the request of the applicant unless otherwise so directed by the permit
holder. Any amount in excess of the security deposit required by the Village to
complete corrective work to public lands, public works, or the site is recoverable by the
Village from any or all of the permit holder, the constructor, or the owner of the
property.
10.12 The owner must deliver to the building official an executed Appendix A under which the
owner acknowledges and agrees that any damage to municipal works or services arising
from the construction associated with the building permit will be repaired at the owner's
expense and to the satisfaction of the Public Works Superintendent, and the owner
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must deposit with the Village security in accordance with sections 10.7 to 10.10 of this
Part.
Permit Fee Refunds
10.13 No fee or part of a fee paid to the Village may be refunded if construction of the building
has started or if the permit has expired.
10.14 A building permit or other permit fee may be partially refunded, only if:
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction
of the building or structure; and,
(c) the permit has not expired.
10.15 A building permit or other permit fee is not refundable after the permit has been
extended under section 10.45 of this Part.
Design Modification
10.16 If an issued building permit or other permit is active and the owner proposes
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 Village a building permit fee
based on the plan review hourly rate set out in the Village's bylaws governing fees.
Construction Before Permit Issued
10.17 The building permit or other permit fee is doubled for every permit application if
construction commenced before the building official issued a permit, to a maximum of
$10,000.00.
Expiration of Application for a Permit
10.18 A building permit application expires 180 days from the date a complete application is
received under this Part if the building permit is not issued by the application expiration
date, unless the permit is not issued only due to delays caused by the Village.
Issuance of a Building Permit
10.19 If:
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(a) a completed application in compliance with sections 10.2 and 10.3 or sections
10.4 and 10.5 of this Part, including all required supporting documentation, has
been submitted;
(b) the owner has paid all applicable fees set out in sections 10.7 to 10.17 of this
Part;
(c) the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under
this bylaw;
(e) the owner has retained an architect if required under this bylaw; and,
(f) no covenant, agreement, resolution, or regulation of the Village requires or
authorizes the permit to be withheld,
the building official shall issue the permit in the form prescribed by the building official,
for which the application is made, and the date of issuance is deemed to be the date the
Village gives written notice to the owner that the permit is ready to be picked up by the
owner.
Compliance with the Homeowner Protection Act
10.20 If the application is in respect of a building that includes, or will include, a residential
occupancy governed by the Homeowner Protection Act, the building permit must not be
issued unless the owner provides evidence under section 30(1) of the Homeowner
Protection Act, that the proposed building:
(a) is covered by home warranty insurance; and,
(b) the constructor is a licensed "residential builder" as defined in that Act.
10.21 Section 10.20 of this Part does not apply if the owner is not required to be licensed and
to obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the
Homeowner Protection Act.
10.22 Every permit is issued subject to the owner and constructor maintaining compliance with
the Homeowner Protection Act and negotiations under it during the term of the permit.
Partial Construction
10.23 If a site has been excavated under a building permit for excavation issued under this
bylaw and a building permit is not subsequently issued or a subsisting building permit
has expired under section 10.44, but without the construction of the building or
structure for which the building permit was issued having commenced, the owner must
27
fill in the excavation to restore the original gradients of the site within 60 days of being
served notice from the Village to do so.
10.24 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.45, permanent type fencing
with privacy screen complying with the Village's Zoning Bylaw, must be erected around
the building site for protection to the public.
Conditions of a Building Permit
10.25 A building permit or an application for a building permit that is in process may not be
transferred or assigned to a new owner.
10.26 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
10.27 A building official may attend the site from time to time during the course of
construction to ascertain that the field reviews are taking place and to monitor the field
reviews undertaken by the registered professionals.
10.28 A building official may attend periodically at the site of the construction buildings or
structures to ascertain whether the work is being carried out in substantial conformance
with the building code, this bylaw, and any other applicable enactments concerning
safety.
10.29 Every owner or constructor shall give at least two days' notice to the building official to
obtain an inspection and written acceptance of the work and at the stages set out in
section 10.30.
10.30 Every owner or constructor must obtain inspection and written acceptance from the
building official or, where a registered professional has been retained, the registered
profession of the following aspects of the work prior to concealing them:
(a) after demolition, the grading of and removal of debris from the site;
(b) within 24 hours of the start of excavation;
28
(c) where concrete footings and foundations are being used, after forms for
footings and foundations are completed but prior to placing any concrete
therein;
(d) where concrete footings and foundations are being used, after removal of form
work from the footings and foundations;
(e) after installation of perimeter drains and damp proofing but prior to backfilling
against the building;
(f) the preparation of ground, including ground cover when required, perimeter
insulation on inside of concrete foundation walls and reinforcing steel;
(g) hydronic heating pipes, below slab insulation, and radon pipes;
(h) installation of building services before being covered;
(i) rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(j) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, 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 and vapour barrier;
(l) construction of an exterior deck if the deck serves as a roof;
(m) on-site constructed tub or shower bases before being covered with a finishing
material;
(n) the installation of wall sheathing membrane, externally applied vapour or air
barrier, stucco wire or lath, and flashings, but prior to the installation of
exterior finishes which could conceal such work; and,
(o) the health and safety aspects of the work and the conservation, GHG emission
reduction and accessibility aspects of the work when the building or structure is
substantially complete and ready for occupancy but prior to occupancy,
10.31 A building official will only carry out an inspection under section 10.30 if the owner or
the owner's agent has requested the inspection online or in writing in accordance with
this bylaw, and without limiting the foregoing, the building official has no obligation or
duty to carry out an inspection in the absence such a request.
10.32 Despite the requirement for the building official's acceptance of the work outlined in
section 10.30, or a building official's attendance at a construction site as authorized by
this bylaw, if a registered professional provides letters of assurance, the Village 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
29
construction referenced by those letters of assurance substantially conform to the
design, plans, and specifications and that the construction complies with the building
code, this bylaw, and other applicable enactments respecting safety.
10.33 No person may conceal any aspect of the work referred to in section 10.30 of this bylaw
until a building official or the registered professional has accepted it in writing.
10.34 For work in respect of complex buildings, the owner must:
(a) convene a preconstruction meeting prior to the start of construction and of the
preconstruction meeting and the owner or their representative must ensure
that the coordinating registered professional, the constructor, and
representatives of major trades are in attendance at the preconstruction
meeting;
(b) convene a pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for the purposes of
having the owner, the constructor and the registered professionals demonstrate
to the building official and Fire Services the compliance with the health and
safety aspects of the work, the coordination and integration of the fire and life
safety system, applicable Village requirements, and other enactments
respecting safety and the conservation, GHG emission and accessibility aspects
of the work; and
(c) cause the coordinating registered professional to deliver to the building official
the Confirmation of Required Documentation described in Appendix C,
complete with all documentation in a hard covered three ring binder and in
digital pdf format on a memory stick at least 2 days prior to the pre-occupancy
coordinated site review coordinated by the coordinating registered
professional;
(d) provide the Village with written notice of the meeting and site review
referenced in this section at least 2 days in advance of such events.
Stop Work Order
10.35 The building official may direct the immediate suspension or correction of all or a
portion of the construction on a building or structure by attaching a stop work order
notice in the form in the form prescribed by the building official on the premises
whenever it is found that the work is not being performed in accordance with the
requirements of the building code, any applicable bylaw of the Village, or the applicable
provisions of the Homeowner Protection Act.
10.36 The coordinating registered professional may request, in writing, that the building
official post a stop work order notice on the premises and order the immediate
30
suspension or correction of all or a portion of the construction on a building or structure.
The building official must consider such a request and, if not acted upon, must respond,
in writing, to the coordinating registered professional and give reasons for denying the
request.
10.37 If a registered professional's services are terminated, the owner must immediately stop
any work that is subject to registered professional's design or field review and the
building official is deemed to have issued a stop work order under section 10.35.
10.38 Immediately after the posting of a notice under section 10.35 or stoppage pursuant to
section 10.37, the owner must 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 Village.
10.39 Subject to the terms of the stop work notice issued pursuant to section 10.35, no work
other than the required remedial measures may be carried out on the parcel affected by
the notice referred to in section 10.35 until the stop work order notice has been
removed by the building official.
10.40 The notice referred to in section 10.35 must remain posted on the premises until that
which is contrary to the enactments has been remedied.
Do Not Occupy Notice
10.41 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in the
form prescribed by the building official on the affected part of the building or structure.
10.42 If a notice is posted under section 10.41, the owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy of the
building or structure immediately and refrain from further occupancy until all applicable
provisions of the building code and this bylaw have been substantially complied with
and the Do Not Occupy Notice has been rescinded in writing by a building official.
Inspection and Other Fees
10.43 In addition to the fees required under other provisions of this bylaw, the owner must
pay the non-refundable fee set out in the Village's bylaws governing fees for:
31
(a) a second and each subsequent re-inspection where it has been determined by
the building official that due to non-compliance with the provisions of this
bylaw or due to non-complying work, more than one site visit is required for
any required inspection;
(b) a special inspection during the Village'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; or,
(c) inspection required under this bylaw which cannot be carried out during the
Village's normal business hours.
Permit Expiration
10.44 Every permit is issued on the condition that the permit expires and the rights of the
owner under the permit terminate if:
(a) the work authorized by the permit is not commenced within 180 days from the
date of issuance of the permit;
(b) work is discontinued for a period of 180 days; or,
(c) the work is not completed within two years of the date of issuance of the
permit.
Permit Extension
10.45 A building official may extend the period set out under section 10.44 for only one
period, not to exceed twelve months, if construction has not been commenced or has
been discontinued due to adverse weather, strikes, material or labour shortages, other
similar hardship beyond the owner's control, or if the size and complexity of the
construction warrants, if:
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in the Village's bylaw governing fees has been
paid.
Building Permit Revocation
10.46 The building official may revoke a building permit if there is a violation of:
(a) a condition under which the permit was issued; or,
(b) a requirement of the building code or of this or another bylaw of the Village,
such permit revocation must be in writing and sent to the permit holder by signature
mail to, or personal service on, the permit holder.
32
Building Permit Cancellation
10.47 A building permit, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the building
official.
10.48 On receipt of the written cancellation notice, the building official must mark on the
application, and a permit if applicable, the date of cancellation and the word
"cancelled".
10.49 If the owner, or his or her agent, submits changes to an application after a permit has
been issued and the changes, in the opinion of the building official, substantially alter
the scope of the work, design, or intent of the application in respect of which the permit
was issued, the building official may cancel or amend the permit and mark on the permit
the date of cancellation or amendment and the word "cancelled" or "amended".
10.50 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 Village's bylaws governing fees, less:
(a) any non-refundable portion of the fee; and,
(b) 15% of the refundable portion of the fee.
Occupancy
10.51 No person may occupy a building or structure or part of a building or structure for which
a building permit was issued until a final inspection notice has been issued by a building
official for the building or structure or that part of a building or structure for which a
building permit was issued.
10.52 A final inspection notice will not be issued unless:
(a) all letters of assurance have been submitted as required in accordance with this
bylaw;
(b) all certifications of inspections and approvals for plumbing rough in, plumbing,
sprinkler systems, sewerage, and drainage works have been received and
accepted by the building official;
(c) all aspects of the work requiring inspection and acceptance pursuant to
sections 10.30 to 10.34 of this bylaw have both been inspected and accepted or
the inspections and acceptance are not required in accordance with this bylaw;
33
(d) where requested by the building official, the owner has delivered to the Village
as-built plans of works and services in digital format;
(e) where requested by the building official, the owner has provided to the Village
a building survey prepared by a British Columbia Land Surveyor showing the
building height, size, location, and elevation determined in accordance with the
Village's land use regulations;
(f) the owner has executed and delivered to the Village every agreement,
instrument, or form required by the Village in relation to the work or the site;
(g) all other documentation required under applicable enactments has been
delivered to the Village; and,
(h) the owner has delivered to the Village as-built drawings of the building or
structure in digital format if construction have varied significantly from the
approved plans and are requested by the building official.
10.53 When a registered professional provides letters of assurance, the Village will rely solely
on the letters of assurance when issuing a final inspection report authorizing occupancy
as assurance that the items identified on the letters of assurance substantially comply
with the design, the building code, this bylaw, and other applicable enactments
respecting safety.
10.54 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; and,
(b) the requirements set out in section 10.52 have been met with respect to it.
Temporary Buildings
10.55 Subject to the bylaws of the Village and orders of Council, the building official may issue
a building permit for the erection or placement of a temporary building or structure for
occupancy if:
(a) the permit is for a period not exceeding one year; and,
(b) the temporary building or structure is located in compliance with the Village's
zoning bylaw, built in compliance with the building code and this bylaw, and
connected to Village utility services.
34
10.56 An application for a building permit for the erection or placement of a temporary
building or structure must be made in the form of a temporary permit application in the
form prescribed by the building official, signed by the owner or agent, and must include:
(a) plans and supporting documents showing the location and building height of
the temporary building or structure on the parcel;
(b) plans and supporting documents showing construction details of the temporary
building or structure;
(c) a statement by the owner indicating the intended use and duration of the use
of the temporary building or structure;
(d) plans and supporting documents showing the proposed parking and loading
space;
(e) a written description of the project explaining why the building is temporary;
(f) a copy of an issued development permit, if required;
(g) in the case of a temporary manufactured building, a CSA label in respect of
manufacture and, without limitation, a Quonset or other steel building must be
certified in accordance with CSA Standard A660;
(h) a report or drawing by an engineer, architect, or designer confirming
compliance with the building code, this bylaw, the Village's zoning bylaw, and
other applicable bylaws, and, without limiting the generality of the foregoing,
confirming that the temporary building or structure can be safely used ;
(i) security in the form of cash or a letter of credit for 10% of the value of the
temporary building or structure, which security
(i)
may be used by the Village to remove the temporary building or structure
after one year of the date of the final inspection required under this bylaw;
or,
(ii)
must be returned to the owner if the owner removes the temporary
building or structure within one year of the date of the final inspection of
the temporary building or structure required under this bylaw; and,
(j) in the case of a temporary building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code.
10.57 Before receiving a building permit for a temporary building or structure for occupancy,
the owner must pay to the Village the applicable building permit fee.
10.58 A building permit fee for a temporary building or structure is not refundable.
35
Sanitary Facilities
10.59 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 persons, 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 Health Act,
by plumbing that complies with the Building Code and this bylaw, must be provided, at
all times with toilet paper, a locking door for privacy, and ventilation, and must be kept
in sanitary condition without leaking or overflowing. Such facilities must be located on
the construction site in a manner so as not to create a nuisance to neighbouring parcels
or highways.
PART 11: RETAINING WALLS AND GRADES
11.1
No person may construct, or structurally repair, a retaining wall without a building
permit.
11.2
Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the province of British Columbia, fill material placed on a parcel or
excavations creating surface slope exceeding a ratio of one linear unit vertically to two
linear units horizontally, must be restrained by retaining walls.
11.3
Without limiting section 11.2, no person may occupy a building unless the finished
grade complies with all applicable enactments and recommended requirements of a
professional engineer with expertise in geotechnical engineering.
PART 12: BUILDING MOVE
12.1
No person may move a building or structure into or within the Village:
(a) except where certified by a registered professional that the building, including
its foundation, will substantially comply with the current version of the building
code; and,
(b) a building permit has been issued for the building or structure.
36
PART 13: POOLS
Swimming Pool Permit and Fencing
13.1
A person must not construct, or structurally repair, a swimming pool without a valid
building permit.
13.2
A swimming pool, including a spa or hot tub must be enclosed within a fence
constructed without footholds or grips that children may use to climb into the enclosed
area, having a minimum height of 1.22 metres and no openings other than gates greater
than 100 mm at their greatest dimension.
Pool Gate
13.3
Access through a fence enclosing a swimming pool, spa, or hot tub must be only through
a self-closing and self-latching gate designed and constructed or installed so as to cause
the gate to return to a closed position when not in use and secured by a latch located on
the swimming pool, spa, or hot tub side of the gate.
Spa or Hot Tub Lid
13.4
In lieu of a fence, a spa or hot tub may be covered with a locking cover, which would
prevent unauthorized access to the water.
Maintenance
13.5
A person may not use a swimming pool, including a spa or hot tub unless the owner or
occupier of property on or in which a pool, spa or hot tub is located maintains every
fence or cover required under sections 13.2 to 13.4 in good order, and without limiting
the foregoing, maintains and repairs to good order at all times all sagging gates, loose
parts, torn mesh, missing materials, worn latches, locks, or broken or binding members.
Leaks or Other Failures
13.6
A person may not obtain a valid and subsisting building permit for or use a swimming
pool without first delivering to the building official at the time of the building permit
application an opinion of a registered professional that the design of the pool will not
cause or result in leaks or other failures of the pool.
37
PART 14: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
15.1
In relation to the conservation of energy and the reduction of greenhouse gas emissions,
the Village incorporates by reference the British Columbia Energy Step Code in
accordance with sections 15.2 through 15.4.
15.2
A building regulated by Part 3 of the Building Code must be designed and constructed to
meet the minimum performance requirements specified in Step 3 of the Energy Step
Code.
15.3
A building regulated by Part 9 of the Building Code must be designed and constructed to
meet the minimum performance requirements specified in Step 3 of the Energy Step
Code.
15.4
Any building regulated by Part 3 or Part 9 of the Building Code that is located on
property that is rezoned must be designed and constructed to meet the minimum
performance requirements specified in Step 3 of the Energy Step Code.
PART 15: OFFENCES
Violations
15.1
Without limiting Part 4 of this bylaw, every person who:
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this
bylaw; or,
(c) neglects to do anything required to be done under any provision of this bylaw,
commits an offence and on summary conviction by a court of competent jurisdiction,
the person is subject to a fine of not more than $10,000.00, or a term of imprisonment
not exceeding three months, or both, in addition to the costs of prosecution. Each day
during which a violation, contravention or breach of this bylaw continues is deemed to
be a separate offence.
15.2
Every person who fails to comply with any requirement issued by a building official, or
who allows a violation of this bylaw to continue, contravenes this bylaw.
15.3
Every person who commences work requiring a building permit without first obtaining
such a permit must, if a Stop Work notice is issued and remains outstanding for 30 days,
pay an additional charge as outlined in the Village's bylaws governing fees.
38
Deemed Offence
15.4
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 in the use, occupancy, or
both of a building or structure or part of a building or structure on that parcel.
15.5
No person is deemed liable under section 15.4 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before he or
she became the owner of the parcel.
15.6
Nothing in section 15.5 affects:
(a) the Village'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
15.7
The offences in Appendix D are designated for enforcement under s. 264 of the
Community Charter.
15.8
The following persons are designated as bylaw enforcement officers under section
264(1) (b) of the Community Charter for enforcing the offences in Appendix D: building
officials, fire inspectors and persons designated by Council as bylaw enforcement
officers.
15.9
The words or expressions set forth in Column 1 of Appendix D are authorized pursuant
to s. 264(1)(c) of the Community Charter to designate the offence committed under the
bylaw section number appearing in Column 2 opposite the respective words or
expressions.
15.10 The amounts appearing in Column 3 of Appendix D are the fines established pursuant to
s. 265(1)(a) of the Community Charter for the corresponding offence designated in
Column 1.
PART 16: INTERPRETATION
Definitions
16.1
In this bylaw
accepted means reviewed by the building official under the applicable provisions of the
building code and this bylaw;
39
addition means an alteration to any building which will increase the total aggregate
floor area or the building height (in storeys), and includes the provision of two or more
separate buildings with openings between each other for intercommunication;
agent includes a firm, corporation or other person representing the owner, by written
designation or contract, and includes a hired tradesperson or constructor who may be
granted a permit for work within the limitations of his or her licence;
alternative solution means an alternative solution authorized under the building code;
alteration means a change, repair or modification of the construction or arrangement of
or use of any building or structure, or to an occupancy regulated by this bylaw;
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
Village, and includes a building inspector, or plan checker, designated or appointed by
the Village, and for certainty the building official is the "building inspector" referred to
in the Community Charter and Local Government Act;
complex building means:
(a) a building used for a major occupancy classified as:
(i)
assembly occupancy;
(ii)
care occupancy;
(iii)
treatment occupancy; or
(iv)
post-disaster building,
(b) a building exceeding 600 square metres in building area or exceeding three
storeys in building height used for a major occupancy classified as:
(i)
residential occupancy;
(ii)
business and personal services occupancy;
(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy,
40
coordinating registered professional means a registered professional retained pursuant
to the building code to coordinate all design work and field reviews of the registered
professionals required for a development;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
constructor means a person who constructs;
day means a full day that is a day that the Village offices are open;
existing, in respect of a building, means that portion of a building constructed prior to
the submission of a permit application required under this bylaw;
foundation means a system or arrangement of foundation units through which the loads
from a building are transferred directly to supporting soil or rock and includes any
portion of the exterior walls of a building that lie below the finished grade immediately
adjacent to the building;
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by Parts
3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the building code; and subject to Parts 1 and 2 in
relation to Parts 3 through 10, Division B;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form prescribed by the building official;
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;
pool means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has a
depth, at any point, exceeding 0.6 m, including an in-ground pool and hot tub;
professional design means the plans and supporting documents bearing the date, seal or
stamp, and signature of a registered professional;
Professional Governance Act means the Professional Governance Act, S.B.C. 2018, c. 47
as amended from time to time;
41
project means any construction operation;
retaining wall means a structure exceeding 1.2 metres in height that holds or retains soil
or other material behind it;
roof slope means low slope or flat roofs have a pitch of 3/12 or lower, conventional
roofs have a pitch between 4/12 and 9/12, while steep roofs have a pitch of 10/12 or
higher.
simple building means a building of three storeys or less in building height, having a
building area not exceeding 600 square metres and used for a major occupancy
classified as:
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; or
(e) low hazard industrial occupancy,
structure means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and
retaining structures less than 1.22 meters in height;
temporary building includes a, construction office or a structure in which tools are
stored during construction of a building or other structure;
16.2
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 , 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.
42
16.3
Every reference to this bylaw in this or another bylaw of the Village is a reference to this
bylaw as amended to the date of the reference.
16.4
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.
16.5
Definitions of words and phrases used in this bylaw that are not included in the
definitions in this Part have the meanings commonly assigned to them in the context in
which they are used in this bylaw, considering the specialized use of terms with the
various trades and professions to which the terminology applies.
Appendices
16.6
Appendices A through E are attached to and form part of this bylaw.
Severability
16.7
If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for any
reason declared invalid by a court of competent jurisdiction, the decision will not affect
the validity of the remaining portions of this bylaw.
PART 17: REPEAL
20.1 VILLAGE OF LIONS BAY BUILDING BYLAW NO. 234, 1994, AS AMENDED, IS REPEALED.
PART 18: IN FORCE
18.1
This bylaw comes into force upon adoption.
READ A FIRST TIME this 7 day of October 2025.
READ A SECOND TIME this 18 day of November 2025.
READ A THIRD TIME this 20 day of January 2026.
ADOPTED this 3 day of February 2026.
43
Mayor
Corporate Officer
44
Village of Lions Bay
BYLAW No. 649, 2026
Appendix A - Owner's Undertaking
Property Address:__________________________________________________________
Legal Description:__________________________________________________________
Building Permit #:__________________________________________________________
1.
This undertaking is given by the undersigned, as the owner of the property described
above, with the intention that it be binding on the owner and that the Village will rely on
same.
2.
I confirm that I have applied for a building permit pursuant to "Village of Lions Bay
Building Bylaw 2026, No. XXXX" (the "Bylaw") and that I have carefully reviewed the
provisions of the Bylaw and in particular, I understand, acknowledge, and accept the
provisions describing the purpose of the Bylaw set out in Part 2 of the Bylaw , the
conditions under which permits are issued, the disclaimer of warranty or representation,
and the limited extent of the scope of the Bylaw and inspections thereunder.
3.
Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility
to ensure compliance with the Building Code and the Bylaw whether any work to be
performed pursuant to the permit applied for is done by me, a contractor, or a registered
professional and the issuance of a building permit does not constitute any
representations, assurances, or warranties regarding any actual or potential geotechnical
matters that do or could be related to the development of the building site and lot to
which the building permit applies.
4.
I am not in any way relying on the Village or its building officials, agents, or employees to
protect me or any other persons as set out in Part 3 of the Bylaw and I will not make any
claim alleging any such responsibility or liability on the part of the Village or its building
officials.
5.
I hereby agree to indemnify and save harmless the Village and its employees from all
claims, liability, judgments, costs, and expenses of every kind which may result from
45
negligence or from the failure to comply fully with all bylaws, statutes ,and regulations
relating to any work or undertaking in respect of which this application is made.
6.
I acknowledge and agree that if I damage any Village works or services, I will repair such
damages to the satisfaction of the Village if requested by the Village to do so, or pay for
the costs of such repairs if the costs exceed the value of any security deposit paid to the
Village
I am authorized to give these representations, warranties, assurance and indemnities to the
Village.
Owner's Information:
Name: ____________________________________________________________________
(PRINT)
Address: __________________________________________________________________
__________________________________________________________________________
Tel. No.: _______________ Cell No.: __________________ Fax No.: _________________
Email:_____________________________________________________________________
These undertaking covenants and agreements are executed under seal by the owner this
_________ day of ____________, ______.
(Day)
(Month)
(Year)
1. Where owner is an individual:
Owner's Signature
Signed, sealed, and
delivered in the presence
of:
Witness's Signature
46
Owner's Name
(PRINT)
Witness's Name
(PRINT)
Witness's Address
Signed, sealed, and
delivered in the presence
of:
Witness's Signature
Witness's Name
(PRINT)
Witness's Address
47
2. Where owner is a corporation:
Name of Corporation
Per:
Authorized Signatory
Signed, sealed, and
delivered in the presence
of:
Witness's Signature
Witness's Name
(PRINT)
Witness's Address
______________________
______________
48
Name
(PRINT)
3. Where owner is a partnership:
49
Name of Partnership
Per:
Authorized Signatory
____________________________________
Name ____________________________________ (PRINT)
50
Village of Lions Bay
BYLAW No. 649, 2026
Appendix B - Confirmation of Professional Liability Insurance
1.
This Confirmation letter must be submitted along with each BC Building Code Schedule A
and Schedule B before issuance of a building permit. A separate Confirmation Letter must
be submitted for each registered professional.
2.
This Confirmation Letter must be submitted with each BC Building Code Schedule C after
completion of the building but before a final inspection is made by the building official. A
separate Confirmation Letter must be submitted for each registered professional.
3.
Only an original Confirmation Letter, printed by the Village or an unaltered photocopy of
this document is to be completed and submitted.
Attention: Manager, Inspections
Property Address:______________________________________________________________
Legal Description:______________________________________________________________
The undersigned hereby gives assurance that:
a)
I have fulfilled my obligation for insurance coverage as outlined in the Village of Lions Bay
Building Bylaw 2026, No. XXXX;
b)
I am insured by a policy of insurance covering liability to third parties for errors and
omissions in respect to the above project, in the amount of at least One Million Dollars
($1,000,000.00);
c)
I have enclosed a copy of my certificate of insurance coverage indicating the particulars of
such coverage;
d)
I am a registered professional; and
e)
I will notify the building official in writing immediately if the undersigned's insurance
coverage is reduced or terminated at any time during construction.
__________________________________
Signature
__________________________________
Name (PRINT)
__________________________________
Address (PRINT)
__________________________________
Date
(Affix professional seal here)
51
Phone
(If the registered professional is a member of a firm, complete the following)
I am a member of this firm:
____________________________________
Name of Firm (PRINT)
____________________________________
Address (PRINT)
I sign this letter on behalf of myself and the firm.
Note: This Confirmation letter must be signed by a registered professional. The BC Building
Code defines a registered professional as a person who is registered or licensed to practice (a) as
an architect under the Professional Governance Act, S.B.C. 2018, c. 47, or (b) as a professional
engineer under the Professional Governance Act, S.B.C. 2018, c. 47.
52
Village of Lions Bay
BYLAW No. 649, 2026
Appendix C - Confirmation of Required Documentation
Building Permit Number: ______________________
Note:
1.
The Confirmation of Required Documentation and all required documentation must be
submitted to the Chief Building Inspector 2 days prior to the Pre-Occupancy Coordinated
Review.
2.
The Confirmation of Required Documentation and all required documentation must be
submitted in a tabbed ringed binder, with tab sections as per this Appendix.
TAB 1
CONFIRMATION OF REQUIRED DOCUMENTATION
TAB 2
DIRECTORY OF PRINCIPALS (Role/Firm/Name/Telephone)
Owner
Co-ordinating Registered Professional
Registered Professionals
Warranty Provided
Licensed Builder
Sub-Contractors
TAB 3
LETTERS OF ASSURANCE (A, B, C-A, C-B)
Co-ordinating Registered Professional
Architectural
Structural
Mechanical
Geotechnical Temporary
Geotechnical Permanent
Fire Suppression
Provided
N\A
53
______________________________ (other)
TAB 4
PROFESSIONAL REVIEW LETTERS
Alternative Solution (Confirmation of Field Review - sealed)
Site Services - Civil Engineer
Building Envelope Specialist
Roofing Consultant
Generator Test Report / Certificate
(Other - specify) ______________________________
(Other - specify) ______________________________
TAB 5
FIRE ALARM
Fire Alarm Verification Certificate (include field work sheets)
Letter of Signed Contract from ULC Listed Monitoring Agency
TAB 6
SPRINKLER SYSTEMS
Material and Test Certificate - Above ground piping
Material and Test Certificate - Underground piping
Fire Pump Test Report
TAB 7
PROVINCIAL APPROVALS
Certificate to Operate Elevating Device (one per each device)
Health Approval (on-site sewage disposal)
Health Approval (food services)
TAB 8
VILLAGE APPROVALS
Sprinkler Permit - Pre-occupancy Co-ordinated Review
Fire Department Acceptance (Fire Safety Plan)
Final Inspection (Building Inspector- pre-occupancy review)
Developmental Engineering Final Inspection
Planning Technicians Final Inspection
54
TAB 9
DEFICIENCY LIST
Submitted by Coordinating Registered Professional
__________________________________
Name (PRINT)
__________________________________
Signature
Date
__________________________________
Address (PRINT)
__________________________________
Phone
55
Village of Lions Bay
BYLAW No. 649, 2026
Appendix D - Offences
COLUMN 1
COLUMN 2
COLUMN 3
DESIGNATED EXPRESSION
SECTION
FINE
Interference with building official's right of entry
Construction without building permit
Demolition without building permit
Moving building without building permit
Failure to having permit and supporting documents
on site
Unsafe site
Failure to post civic address
Failure to comply with permit conditions
Failure to obtain final inspection notice
Unsafe condition
Failure to clear all debris and fill
Failure to obtain building official's written
acceptance prior to concealing work
Failure to stop work after a registered professional's
services are terminated
Violation of Stop Work Order
Violation of Do Not Occupy Notice