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City of Merritt
BYLAW 2382
A BYLAW FOR ADMINISTRATION OF THE BUILDING CODE AND REGULATION OF
CONSTRUCTION
The Council of The Corporation of the City of Merritt enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "City of Merritt Building Bylaw No. 2382, 2024".
Repeal
1.2
"City of Merritt Building Bylaw No. 1865, 2003", and all amendments there to, is hereby
repealed.
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance with this
Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the provisions of this Part.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in
the City in the public interest.
2.4
The purpose of this bylaw does not extend to
(a)
the protection of owners, designers or constructors from economic loss;
(b)
the assumption by the City or any building official of any responsibility for ensuring the
compliance by any owner, his or her representatives or any employees, constructors or
designers retained by the owner, with the Building Code, the requirements of this bylaw,
or other applicable enactments, codes or standards;
(c)
providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit, occupancy permit or final inspection notice is issued
under this bylaw;
(d)
providing any person a warranty or assurance that construction undertaken under building
permits issued by the City is free from latent, or any, defects; or
(e)
the protection of adjacent real property from incidental damage or nuisance.
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Definitions
2.5
In this bylaw the following words and terms have the meanings
(a)
set out in section 1.4.1.2 of the Building Code : accessible, assembly occupancy, building,
building area, building height, business and personal services occupancy, care
occupancy, constructor, coordinating registered professional, designer, detention
occupancy, excavation, field review, firewall, first storey, grade, high hazard industrial
occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy,
medium hazard industrial occupancy, mercantile occupancy, occupancy, post disaster
occupancy, registered professional, residential occupancy, treatment occupancy, and
unsafe condition;
(b)
subject to this bylaw, set out in the Schedule to the Community Charter: highway, land,
occupier, parcel, 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.
2.6
In this bylaw
accepted means reviewed by the building official under the applicable provisions of the building
code and this bylaw;
access or accessible as per the Building Code means an area and its facilities, or both which is
easy to approach, enter, exit, operate, participate in, pass to and from and use safely and
independently by persons with disabilities;
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;
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;
Architects Act means the Architects Act RSBC 1996, c. 17, as amended from time to time;
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 City, and
includes a building inspector, plan checker, plumbing inspector, gas inspector, or electrical
inspector designated or appointed by the City, and for certainty the building official is the
"building inspector" referred to in the Community Charter and Local Government Act;
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complex building means:
(a)
a building used for a major occupancy classified as:
- assembly occupancy;
- care occupancy;
- detention occupancy;
- high hazard industrial occupancy,
- treatment occupancy; or
- 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:
- residential occupancy;
- business and personal services occupancy;
- mercantile occupancy; or
- medium and low hazard industrial occupancy,
construct or construction includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
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;
Council means the municipal council of the City of Merritt;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996,
c. 116, as amended from time to time;
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;
Fees and Charges Bylaw means the City of Merritt Fees and Charges Bylaw No. 2386, 2024 and
any amendments thereto;
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;
Homeowner Protection Act means the Homeowner Protection Act SBC 1998, c. 31, as amended
from time to time;
Letters of Assurance means standardized, legal accountability documents that are required for Part 3
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and some Part 9 buildings in the BC Building Code. They are intended to clearly identify the roles and
responsibilities of registered professionals in a construction project.
owner means any person, firm or corporation controlling the property under consideration when
this bylaw applies, or an agent duly authorized by the owner in writing;
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;
professional design means the plans and supporting documents bearing the date, seal or stamp,
and signature of a registered professional;
project means any construction operation;
retaining wall means a structure exceeding 1.2 metres in height that holds or retains soil
or other material behind it;
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
constructs less than 1.2 meters in height;
temporary building includes a sales office, construction office or a structure in which tools are
stored during construction of a building or other structure;
value of the work means an amount that is calculated as follows:
(a)
for construction of a building containing a residential occupancy that is served by only one
stove, or two stoves if permitted as an auxiliary and secondary residential occupancy, the
greater of
(i)
the declared value of the work; or
(ii)
the value calculated using Appendix A; or
(b) for all other construction, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using a method as determined by the building official.
2.7
Every reference to this bylaw in this or another bylaw of the City is a reference to this bylaw as
amended from time to time.
2.8
Every reference to
(a)
the Building Code is a reference to the current edition as of the date of application of the
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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.
2.9
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
2.10
Appendices A and B are attached to and form part of this bylaw.
Severability
2.11
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 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the City of Merritt ("City") and to land, the surface
of water, air space, buildings or structures in the City.
3.2
This bylaw applies to the design, construction or occupancy of new buildings or structures, and
the alteration, reconstruction, demolition, removal, relocation or occupancy or change of use or
occupancy of existing buildings and structures.
3.3
This bylaw does not apply to
(a)
except as set out in Part 11 [Retaining Walls and Grades] of this bylaw, a fence;
(b)
an accessory building with a floor area of less than 10 square metres, that does not
constitute a potential unsafe condition;
(c)
a trellis, an arbour, a wall supporting soil that is less than 1.2 metres in height, or other
similar landscape structures on a parcel zoned for single-family residential occupancy
uses under the City's zoning bylaw;
(d)
a building or structure commonly known as "Canadian Standards Association Z240 MH
series", except as regulated by the Building Code; this exemption does not extend to
onsite preparations (foundations, anchorage), connection to services and installation of
appliances;
(e)
decks or patios which are less than 600mm from the ground or finished grade and have no
walls or roofs;
(f)
repair and maintenance of lawfully-conforming structures where the level of life safety
and building performance shall not be decreased below a level that already exists;
(g)
the cleaning or repair of mechanical heating and ventilation systems; and
(h)
the clearing or stoppages or the repairing of leaks in pipes, valves or fixtures, or the
replacement of tubs, showers, toilets, lavatories, sinks or hot water tanks, if the work
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does not involve or require the rearrangement of valves, pipes, or fixtures.
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 a 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 and 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
City, 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 address 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
(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, a person must not erase, alter or modify plans and
supporting documents after they have been reviewed by a 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
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building or structure pursuant to this bylaw.
4.6
A person must not do any work that is substantially at variance with the design or plans of a
building, structure or other works for which a permit has been issued, unless that variance has
been 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 City on property in the administration of this bylaw.
4.8
A person must not contravene an administrative requirement of a building official made under
section 6.7 or any other provision of this bylaw.
4.9
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.
4.10
A person must not continue any work if a Stop Work Order is posted by a building official other
than the remedial actions required by the notice.
4.11
A person must not occupy a building, structure, or part of a building or structure if a Do Not
Occupy Notice is posted by a building official.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
5.2
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on behalf of
the City 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 an agent, the agent 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
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Administration
6.1
Words defining the authority of a building official are to be construed as internal administrative
powers and not as creating a duty.
6.2
A building official may
(a)
administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b)
keep records of applications received, permits, notices and orders issued, inspections
and tests made, and may retain copies of all digital or hardcopy papers and documents
connected with the administration of this bylaw;
(c)
establish or require an owner to establish whether a method or type of construction or
material used in the construction of a building or structure complies with the
requirements and provisions of this bylaw and the Building Code; and
(d)
direct that tests of materials, equipment, devices, construction methods, structural
assemblies or foundations be carried out, or that sufficient evidence or proof be
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 contravenes the
requirements of the Building Code or the provisions of this or any other bylaw of the City and
must state the reason in writing.
6.4
A building official may revoke a permit if, in their opinion, there is a violation of
(a)
a condition under which the permit was issued;
(b)
any requirement of the Building Code or of this or another bylaw of the City;
(c)
the permit was issued in error;
(d)
cancellation or termination of Homeowner Protection Office Registration occurs prior to
finalization of permit;
(e)
the permit was issued on the basis of false or incorrect information; or
(f)
the results of any tests carried out are not satisfactory to the building official;
6.5
Permit revocation may be delivered by written notice to the owner.
Right of Entry
6.6
Subject to section 16 of the Community Charter, a building official or other authorized municipal
employee may enter on property at any time to ascertain whether the requirements of this bylaw
are being met.
Powers
6.7
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
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enactment of the City 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;
(c)
an owner to remove or prevent any unauthorized encroachment on a public parcel, a
statutory right of way or easement, or a setback or yard required under an enactment;
(d)
an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e)
an owner to have work inspected by a building official prior to covering;
(f)
an owner to uncover any work that has been covered without inspection contrary to this
bylaw or an order issued by a building official;
(g)
a person to cease any occupancy in contravention of a provision of this bylaw;
(h)
a person to cease any occupancy if any unsafe condition exists because of work being
undertaken but not complete and where the building official has not issued a final
inspection notice for the work;
(i)
an owner to correct any unsafe condition; and
(j)
an owner to correct any work that contravenes this bylaw, the Building Code, or any other
enactment.
6.8
Every reference to "owner" in section 6.7 includes a reference to the owner's agent or
constructor.
6.9
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;
(b)
moving a building or structure into or within the City;
(c)
demolishing a building or structure;
(d)
occupying a new building or structure;
(e)
changing the use or occupancy of a building,
(f)
construction of foundations for, and installation of, manufactured homes; installation of
plumbing systems;
(g)
alterations and additions to plumbing systems,
(h)
installation and alteration of fire protection sprinkler systems;
(i)
installation of temporary buildings, including fabric covered structures;
(j)
installation or alteration of mechanical exhaust and fire protection systems for
commercial cooking equipment pursuant to NFPA 96 Ventilation Control and Fire
Protection of Commercial Cooking Operations;
(k)
installation or alteration of spray booths or spray room equipment pursuant to NFPA 33
and wood dust collection to systems to NFPA 664;
(l)
construction, installation, or alteration of masonry chimneys or fireplaces. All factory built
wood burning appliances and chimneys will require a WETT inspection to be submitted
upon completion;
7.2
Every owner must ensure that plans submitted with a permit application bear the name, phone
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number, address and email address of the designer of the building or structure.
Owner's Obligations
7.3
Every owner must
(a)
comply with the Building Code, the requirements of this bylaw and the conditions of a
permit, and must not omit any work required by the Building Code, this bylaw or the
conditions of a permit;
(b)
ensure that all permits, all plans and specifications and supporting documents on which a
permit was based, all municipal inspection certificates, and all professional field reviews
are available at the site of the work for inspection during working hours by the building
official, and that all permits are posted conspicuously on the site during the entire
execution of the work;
7.4
Every owner must allow a building official to enter any building or premises at any reasonable time
to administer and enforce this bylaw.
7.5
Every owner to whom a permit is issued must, during construction,
(a)
post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
(b)
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
7.6
Every owner to whom a permit is issued is responsible for the cost to repair any damage to
municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
7.7
Every owner must pay to the City, within 30 days of receiving an invoice for same from the City,
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
7.8
Prior to obtaining a permit to demolish a building or structure, the owner must
(a)
provide to the City a vacancy date;
(b)
pay capping and inspection chamber installation fees as set out in the City's bylaws
governing waterworks and sewer; and
(c)
ensure that all municipal services and other services are capped and terminated at the
property line or to the point of service in a City standard inspection chamber and valve
arrangement.
7.9
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.
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Notice
7.10
Every owner must, at least 2 business days prior to commencing work at a building site, give
written notice to a building official of the date on which the owner intends to begin such work.
7.11
Every owner must give written 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 1 business day of when the change or termination occurs.
7.12
If an owner or a registered professional terminates the engagement of the registered
professional, including a coordinating registered professional, the owner must terminate all
work under a building permit until the owner has engaged a new registered professional,
including a coordinating registered professional, and has delivered to a building official, new
letters of assurance.
7.13
Without limiting sections 10.26 to 10.32, every owner must give at least 2 business days written
notice to a building official
(a)
of intent to do work that is required or ordered to be corrected during construction;
(b)
of intent to cover work that is required under this bylaw to be, or has been ordered to be,
inspected prior to covering; and,
(c)
when work has been completed so that a final inspection can be made.
7.14
Every owner must give notice in writing to a building official and pay the non-refundable fee set
out in the Fees and Charges Bylaw immediately upon any change in ownership or change in the
address of the owner which occurs prior to final inspection notice for the work.
7.15
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 construction, 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 City 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
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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 City 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
of a copy of the insurance certificate, naming the insurer and policy number, in the amount of at
least two million dollars $2,000,000.00).
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, or
(b)
prior to a final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of the Building Code,
in which case the owner must provide the City 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)
a building that is designed with common egress systems for the occupants and requires
the use of firewalls in accordance with the Building Code;
(d)
prior to alterations to a building, or to a structural component of a building described in
paragraph (b);
(e)
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;
(f)
if the building envelope components of the building fall under Division B Part 3 of the
Building Code, the building contains more than four dwellings, or if the building envelopes
do not comply with the prescriptive requirements of Division B Part 9 of the Building Code;
and
(g)
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 City.
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.
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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 relied upon by the City
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.
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, or a simple building with
Professional design, 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 City or its building officials on the registered professionals.
9.8
If a building permit is issued for the construction of a complex building or a simple building with
professional design, the permit fee is reduced by 5% up to a maximum reduction of $500.00.
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 City'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 City, 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 all on site and off site works and services required by a City bylaw or other enactment
have not been completed in accordance with the enactments, the owner must enter into a
completion agreement with the City and deliver to the City irrevocable letters of credit or
cash security for completion of the works and service.
Building Permit Applications for Complex Buildings
10.2
An application for a building permit with respect to a complex building must
(a)
be made on the approved application form and signed by the owner, or a signing officer if
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the owner is a corporation;
(b)
be accompanied by the owner's acknowledgement of responsibility and undertaking
made using the approved form provided by the City 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 and 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 and 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 lake, swamp, pond or watercourse or
planned future outfalls or overland drainage paths;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing sewage disposal system, water
supply system or 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, property corners, land breaks 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;
(xiii)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
(xiv)
line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi)
location of existing and proposed service connections;
(xvii)
location and species of all trees greater than 10 centimetres in diameter;
(xviii) location of top bank and water courses;
(xix)
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 City'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
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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 City 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 an agent of the owner, 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 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 City'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 using the approved application form 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
using the approved Owner's Undertaking and signed by the owner, or an agent of the owner;
(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
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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;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and 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 lake, swamp, pond or watercourse or
planned future outfalls or overland drainage paths;
(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, property corners, and land breaks
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 of existing and proposed service connections;
(xv)
location of top bank and water courses; and
(xvi)
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 City'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, 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;
(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 City zoning and 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, highway access permits and
Ministry of Health approvals;
(k)
include geotechnical letters of assurance and/or geotechnical report, if the building
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official determines that the site conditions so warrant it;
(l)
include two sets of drawings at a suitable scale of design including the information set out
in (f) to (i) of this section; and
(m)
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 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:
(a)
a section through the site showing grades, buildings, structures, parking areas and
driveways;
(b)
a roof plan and roof height calculations;
(c)
structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(d)
letters of assurance in the form of Schedule B referred to in Division C of the Building
Code, signed by a registered professional; and
(e)
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 sections 10.2(e) or 10.4(d) of this Part, the building official may in writing require
an owner to submit an up-to-date plan or survey prepared by a registered British Columbia land
surveyor which contains sufficient information respecting the site and location of any 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, on completion of the construction, that all provisions of this and other applicable
bylaws have been complied with;
(c)
in relation to an existing building, substantiate its location and 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
Before receiving a building permit for a building or structure, the owner must first pay to the City
(a)
the building permit fee prescribed in the current Fees and Charges Bylaw; and
(b)
any fees, charges, levies or taxes imposed by the City and payable under an enactment at
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the time of issuance of the building permit.
Permit Fee Refunds
10.8
No fee or part of a fee paid to the City may be refunded if construction of the building has
started.
10.9
A building permit or other permit fee may be partially refunded as set out in the Fees and
Charges Bylaw and section 10.48, 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.
10.10
A building permit or other permit fee is not refundable after the permit has been extended under
section 10.43 of this Part.
Design Modification
10.11
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 City a building permit fee based on the plan review hourly
rate set out in the Fees and Charges Bylaw.
Expiration of Application for a Permit
10.12
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, unless the failure to issue the permit was
solely the cause of the City.
Issuance of a Building Permit
10.13
If
(a)
a completed application in compliance with sections 10.2 and 10.3 or sections 10.4 and
10.5 of this Part, including all required supporting documentation, has been submitted;
(b)
the owner has paid all applicable fees set out in the Fees and Charges Bylaw;
(c)
the owner 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 City requires or authorizes the
permit to be withheld,
the building official must issue the permit, on the approved Building Permit form, for which the
application is made, and the date of issuance is deemed to be the date the City gives written
notice to the owner that the permit is ready to be picked up by the owner.
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10.14
Once the applicant has been notified that the permit is ready for payment and pick up, the start
of the 180 days for permit pickup commences.
10.15
The permit will be available for pick up for a maximum of 180 calendar days. If it is not picked up
within that time it will become void and the applicant will be required to begin the application
process again, including paying any applicable fees.
10.16
Despite section 10.13, the building official may refuse to issue a permit if any construction by
the owner is in contravention of this bylaw and the owner has notice of that contravention.
Compliance with the Homeowner Protection Act
10.17
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.
10.18
Section 10.17 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.
10.19
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.
10.20
Intentionally left blank.
Partial Construction
10.21
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 without
the construction of the building or structure for which the building permit was issued having
commenced, the owner must fill in the excavation to restore the original gradients of the site
within 60 days of being served notice by the City to do so.
10.22
If a building permit has expired and partial construction has progressed, with no extension
requested of the building official, permanent type fencing with a privacy screen complying with
the City's Zoning Bylaw No. 2284, 2020, as amended from time to time, must be erected around
the building site for protection to the public.
Conditions of a Building Permit
10.23
A building permit or an application for a building permit that is in process may not be transferred
or assigned until the owner has notified the building official in writing, the building official has
authorized the transfer or assignment in writing, and the owner has paid the non-refundable fee
required under the Fees and Charges Bylaw. The transfer or assignment of a building permit is
not an extension of a building permit.
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10.24
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
10.25
If a registered professional provides letters of assurance in accordance with this Part, the City
will rely solely on field reviews undertaken by the registered professional and the letters of
assurance submitted pursuant to this bylaw and the Building Code as assurance that the
construction substantially conforms to the design, plans and specifications and that the
construction complies with the Building Code, this bylaw and other applicable enactments
respecting safety.
10.26
Despite section 10.25 of this Part, 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.
10.27
A building official may attend periodically at the site of the construction of simple buildings or
structures to ascertain whether the work is being carried out in substantial conformance with
the Building Code, this bylaw and any other applicable enactments concerning safety.
10.28
For all work in respect of simple buildings the owner must give at least 2 business days notice to
the City when requesting an inspection and must obtain an inspection and receive a building
official's written acceptance of the following aspects of the work prior to concealing them:
(a)
footings/excavation - after preparation for footing are complete, prior to placement of
concrete;
(b)
foundation - after forms for foundation walls are completed, prior to placement of
concrete;
(c)
Dampproofing/draintile/roof drains - after dampproofing and foundation drainage are in
place, prior to backfilling;
(d)
Plumbing under-slab - plumbing and underground fire suppression supply lines, prior to
covering;
(e)
Foundation/ slab insulation - prior to backfilling foundation walls or pouring slabs where
required insulation would be covered;
(f)
radon/soil gas control - after slab preparation for soil gas requirements, the preparation of
ground, including ground cover when required, perimeter insulation of inside of concrete
foundation walls are in place, prior to covering;
(g)
plumbing rough-in - installation of rough-in plumbing, and on-site construction of tubs or
showers when complete and under test, prior to covering;
(h)
installation of mechanical ventilation and heating systems, including solar ready
installations prior to covering;
(i)
framing - framing, sheathing, fire stopping, bracing, with installation of chimney and
ductwork, rough wiring, rough plumbing, rough heating, gas venting, exterior doors and
windows, but prior to the installation of insulation, interior finishes, sheathing paper or
exterior finishes which would conceal such work;
(j)
fire separations/fire blocking - insulation of required fire separations prior to covering;
(k)
insulation vapour/air barrier - insulation, air and vapour barrier, after all insulation and
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vapour barrier is in place but prior to interior finish being applied which conceal the work;
(l)
plumbing final - all plumbing requirements for occupancy; and
(m)
occupancy/completion - after the health and safety aspects of the work and the
conservation, GHG emissions reduction and accessibility aspects of the work when the
building or structure is substantially complete, ready of occupancy but prior to
occupancy.
10.29
A building official will only carry out an inspection under section 10.28 if the owner or the
owner's agent has requested the inspection in accordance with this bylaw.
10.30
Despite the requirement for the building official's acceptance of the work outlined in section
10.28, if a registered professional provides letters of assurance, the City will rely solely on field
reviews undertaken by the registered professional and the letters of assurance submitted
pursuant to this bylaw, as assurance that the aspects of the construction referenced by those
letters of assurance substantially conform to the design, plans and specifications, and that the
construction complies with the Building Code, this bylaw and other applicable enactments
respecting safety.
10.31
No person may conceal any aspect of the work referred to in section 10.28 of this bylaw until a
building official has accepted it in writing.
10.32
For work in respect of complex buildings, the owner must
(a)
give at least 2 business days written notice to the City when requesting a preconstruction
meeting with the building official prior to the start of construction, and the owner or his or
her representative must ensure that the coordinating registered professional, the
constructor, as well as representatives of major trades, are in attendance;
(b)
give at least 2 business days written notice to the City when requesting a pre- occupancy
coordinated by the coordinating registered professional or other registered professional to
have the owner, the constructor and the registered professionals demonstrate to the
building official and 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 City
requirements and other enactments respecting safety and the conservation, GHG
emission and accessibility aspects of the work; and
(c)
cause the coordinating registered professional, at least 2 business days prior to the pre-
occupancy coordinated site review coordinated by the coordinating registered
professional, to deliver to the building official all documentation in a hardcopy and/or in
digital format.
Stop Work Order
10.33
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 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 City or the applicable provisions of the
Homeowner Protection Act.
10.34
The coordinating registered professional may request, in writing, that the building official order
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 on the premises. The building official must
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consider such a request and, if not acted upon, must respond, in writing, to the coordinating
registered professional and give reasons.
10.35
If a registered professional's services are terminated, the owner must immediately stop any
work that is subject to his or her design or field review and the building official is deemed to have
issued a stop work order under section 10.33.
10.36
The owner must immediately, after the posting of a notice under section 10.33, 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 City.
10.37
Subject to section 10.33, no work other than the required remedial measures may be carried out
on the parcel affected by the notice referred to in section 10.33 until the stop work order notice
has been removed by the building official.
10.38
The notice referred to in section 10.33 must remain posted on the premises until that which is
contrary to the enactments has been remedied.
Do Not Occupy Notice
10.39
If a person occupies a building or structure or part of a building or structure in contravention of
this bylaw, a building official may post a Do Not Occupy Notice on the affected part of the
building or structure.
10.40
If a notice is posted under section 10.39, 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
10.41
In addition to the fees required under other provisions of this bylaw, the owner must pay the
non-refundable fee set out in the Fees and Charges Bylaw for
(a)
a second and each subsequent re-inspection where it has been determined by the
building official that due to non-compliance with the provisions of this bylaw or due to non-
complying work, more than one site visit is required for any required inspection;
(b)
a special inspection during the City's normal business hours to establish the condition of a
building, or if an inspection requires special arrangements because of time, location or
construction techniques; and
(c)
inspection required under this bylaw which cannot be carried out during the City's normal
business hours.
Permit Expiration
10.42
Every permit is issued on the condition that the permit expires and the rights of the owner under
the permit terminate if
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(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
10.43
A building official may extend the period set out under section 10.42 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 it, 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 Fees and Charges Bylaw has been paid.
Building Permit Revocation
10.44
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 City,
such permit revocation must be in writing and sent to the permit holder by registered mail to, or
personal service on, the permit holder.
Building Permit Cancellation
10.45
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.
10.46
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".
10.47
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".
10.48
If a building permit application or permit is cancelled, and construction has not commenced
under the permit, the building official may return to the owner any fees deposited under the Fees
and Charges Bylaw, less
(a)
any non-refundable portion of the fee; and
(b)
15% of the refundable portion of the fee.
Occupancy
10.49
No person may occupy a building or structure or part of a building or structure until a final
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inspection notice has been issued by a building official.
10.50
A final inspection notice will not be issued until
(a)
all letters of assurance have been submitted when required in accordance with this bylaw;
(b)
all aspects of the work requiring inspection and acceptance pursuant to this bylaw have
both been inspected and accepted or the inspections and acceptance are not required in
accordance with this bylaw;
(c)
the owner has delivered to the City as-built plans of works and services in digital format as
required by the City;
(d)
the owner has provided to the City, if required, a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and elevation
determined in accordance with the City's land use regulations;
(e)
all other documentation required under applicable enactments has been delivered to the
City; and
(f)
the owner has delivered to the City as-built drawings of the building or structure in digital
format as required by the City.
10.51
When a registered professional provides letters of assurance in accordance with this bylaw, the
City will rely solely on the letters of assurance when issuing a final report authorizing occupancy
as assurance that the items identified on the letters of assurance substantially comply with the
design, the Building Code, this bylaw and other applicable enactments respecting safety.
10.52
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 10.50 have been met with respect to it.
10.53
A final inspection notice may not be issued unless
(a)
all letters of assurance and the Confirmation of required documentation have been
submitted when required in accordance with the requirements of this bylaw;
(b)
all aspects of the work requiring inspection and review pursuant to Part 9 and sections
10.25 through 10.32 of this bylaw have both been inspected and accepted;
(c)
the owner has executed and delivered to the City every agreement, instrument or form
required by the City in relation to the work or the site; and
(d)
all required offsite works have been substantially completed and required documentation
provided.
10.54 Where a person occupies a building or structure or part of a building or structure in
contravention of 10.49, a building official may post a Do Not Occupy notice in a form
prescribed from time to time by the municipality.
10.55 The owner of a property on which a Do Not Occupy notice has been posted, and every person,
shall cease occupancy of the building or structure immediately and shall refrain from further
occupancy until all applicable provisions of the Building Code and this bylaw have been
substantially complied with and the Do Not Occupy notice has been rescinded in writing by a
building official.
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Temporary Buildings
10.56
Subject to the bylaws of the City 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 building or structure is located in compliance with the City's zoning bylaw, built in
compliance with the Building Code and this bylaw, and connected, as required by
enactments, to City utility services.
10.57
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 signed by the owner, or an
agent, and must include
(a)
plans and supporting documents showing the location and building height of the building
or structure on the parcel;
(b)
plans and supporting documents showing construction details of the building or structure;
(c)
a statement by the owner indicating the intended use and duration of the use;
(d)
plans and supporting documents showing the proposed parking and loading space;
(e)
a written description of the project explaining why the building is temporary;
(f)
a copy of an issued development permit, if required;
(g)
in the case of a manufactured building, a CSA label in respect of manufacture and,
without limitation, a Quonset or other steel building must be certified in accordance with
CSA Standard A660;
(h)
a report or drawing by an engineer, architect or designer confirming compliance with the
Building Code, this bylaw, the City's Zoning Bylaw and other applicable bylaws;
(i)
security in the form of cash or an irrevocable letter of credit for 10% of the value of the
temporary building, which security
(i)
may be used by the City to remove the building 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 within
one year of the date of the final inspection of the temporary building required under
this bylaw; and
(j)
in the case of a temporary building, information to comply with article 1.1.1.1(2)(f),
Division A of the Building Code.
10.58
Before receiving a building permit for a temporary building or structure for occupancy, the owner
must pay to the City the applicable building permit fee set out in the current Fees and Charges
Bylaw.
10.59
A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
10.60
During the time a building permit has been issued and remains valid under this bylaw, the owner
must provide on the parcel of land in respect of which the permit has been issued, sanitary
facilities for the disposal of human waste from individual persons who enter on the parcel in
relation to the work referred to in the permit, which facilities must be accessible and unlocked
when not occupied while work is being carried out on the parcel under this bylaw, and every
sanitary facility that is not connected to a
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(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
the facility is required under this bylaw, with toilet paper, a locking door for privacy, and
ventilation, and must be kept in sanitary condition without leaking beyond the facility and
without overflowing within the facility. Such facilities must be located 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,
pursuant to the Engineers and Geoscientists Act, RSBC 1996, c. 116, fill material placed on a
parcel, unless restrained by permitted retaining walls, must not have a surface slope exceeding
a ratio of one linear unit vertically to two linear units horizontally.
11.3
Without limiting section 11.2, no person may occupy a building placed permanently for intended
use unless the finished grade complies with all applicable enactments.
PART 12: BUILDING MOVE
12.1
No person may move a building or structure into or within the City
(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.
PART 13: NUMBERING OF BUILDINGS
13.1
Immediately upon issuance of a building permit governing the construction, alteration or repair
of a building, or prior to and during the occupancy of a building, the owner or occupant must
display the address number assigned to it by the City
(a)
on or over the entrance to the building or where landscaping or structures obscure the
visibility of a building entrance from the adjacent highway, on the building property within
sight of the adjacent highway; and
(b)
until such time as the building is removed from the site or has been demolished.
13.2
Despite section 13.1, an authorized employee of the City may renumber or alter the assigned
numbers in respect of any building on any parcel, including those already in existence or
numbered.
13.3
Without limiting sections 13.1 or 13.2, the building official must, on the issuance of a building
permit, designate a house number or set of house numbers related to the building authorized by
the permit. The owner or occupier must post the number or numbers on the site immediately
after obtaining the building permit and keep the numbers posted in a conspicuous location at all
times during construction.
13.4
Without limiting sections 13.1 through 13.3, prior to the issuance of a final inspection notice, the
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owner or occupier of the parcel must affix the numbers permanently in a conspicuous place on
the building such that the number is visible from an adjacent highway that is not a lane.
PART 14: ACCESS ROUTE FOR FIRE VEHICLE
14.1
Prior to the issuance of a building permit for a simple building of multi-family or commercial
occupancy under part 9 of the Building Code, the owner must satisfy the building official that the
building or structure for which the permit is issued will be served by a fire access route that
satisfies the following:
(a)
the width of an access route must be not less than 6 metres;
(b)
the centerline radius of an access route must be 12 metres;
(c)
the overhead clearance of an access route must be 5 metres;
(d)
the gradient of the access route must not change more than 1:12.5 over a minimum of 15
metres;
(e)
the access route must comply with the bearing load and surface material standards of the
City's Subdivision and Development Servicing Bylaw, No. 1187 (1987), as amended or
replaced from time to time; and
(f)
the length above which a dead-end portion of an access route requires turnaround
facilities is 90 metres.
PART 15: OFFENCES
Violations
15.1
Any person who causes or allows anything to be done in contravention or violation of this bylaw,
or who neglects or fails to do anything required to be done pursuant to this bylaw, commits an
offence against this bylaw and is liable upon summary conviction to pay a fine of not more than
$50,000, plus the costs of prosecution, and any other penalty or remedy available under the
Community Charter and Offence Act.
15.2
Each day during which a violation, contravention or breach of this bylaw continues is deemed to
be a separate offence.
15.3
Every person who fails to comply with any order or notice issued by a building official, or who
allows a violation of this bylaw to continue, contravenes this bylaw.
15.4
Every person who commences work requiring a building permit without first obtaining such a
permit must, if a Stop Work notice is issued, pay an additional charge as outlined in the Fees and
Charges Bylaw.
Ticketing
15.5
The offences in Appendix B are designated for enforcement under s. 264 of the Community
Charter.
15.6
The following persons are designated as bylaw enforcement officers under section 264(1)(b) of
the Community Charter for enforcing the offences in Appendix B: building officials, fire inspectors
and persons designated by Council as bylaw enforcement officers.
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15.7
The words or expressions set forth in Column 1 of Appendix B 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.
15.8
The amounts appearing in Column 3 of Appendix B are the fines established pursuant to s.
265(1)(a) of the Community Charter for the corresponding offence designated in Column 1.
READ A FIRST TIME this
25th day of March, 2025
READ A SECOND TIME this
25th day of March, 2025
READ A THIRD TIME this
25th day of March, 2025
ADOPTED this
8th day of April, 2025
Original Signed by:
M. Goetz
L. Brick
______________________________
________________________________
Michael Goetz
Linda Brick
Mayor
Corporate Officer
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BYLAW 2382
Appendix A - Value of Work
This Appendix applies to single family dwellings, row housing, semi-detached and duplex residences.
The following values are to be used in calculating the value of the work as per s. 2.6 of this Bylaw:
(a)
With full basement or part basement including first floor
$300 per sq. ft
(b)
First storey with no basement
$250 per sq. ft
(c)
Each additional storey
$150 per sq. ft
(d)
Attached garages
$100 per sq. ft
(e)
Attached carports
$60 per sq. ft
(f)
Buildings for ancillary use greater than 10m2
$60 per sq. ft
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BYLAW 2382
Appendix B - Offences
COLUMN 1
COLUMN 2
COLUMN 3
DESIGNATED EXPRESSION
SECTION
FINE
Interference with building official's right of entry
4.7, 7.4
$250.00
Construction without building permit
4.1, 4.10
$250.00
Demolition without building permit
4.1
$250.00
Moving building without building permit
4.1
$250.00
Failure to have permit and supporting documents on
site
7.3
$100.00
Unsafe site
10.21, 10.22,10.36
$100.00
Failure to post civic address
7.5, 13.1
$100.00
Failure to comply with permit conditions
7.3
$250.00
Failure to obtain final inspection notice
10.49
$250.00
Unsafe condition
10.36
$100.00
Failure to clear all debris and fill
7.9
$100.00
Failure to obtain building official's written
acceptance prior to concealing work
10.31
$250.00
Failure to stop work after a registered professional's
services are terminated
7.12
$250.00
Violation of Stop Work Order
4.10
$250.00
Violation of Do Not Occupy Notice
4.11
$250.00