Metchosin, British Columbia
· No. 694
· adopted 2024-11-04
· summary & facts
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DISTRICT
OF METCHOSIN
BUILDING
BYLAW 2024, NO. 694
District of Metchosin
Building Bylaw 2024, No. 694
Page 2 of 47
Table of Contents
PART 1:
CITATION ..............................................................................
.......................................
5
PART 2:
INTERPRETATION .....................................................................
................................
5
De?nitions ........................................................................................
...............................................
5
PART 3:
PURPOSE OF BYLAW ..........................................................................
......................
9
PART 4:
SCOPE AND EXEMPTIONS .....................................................................
..................
9
Application...............................................................................
........................................................
9
Limited Application to Existing Buildings.....................................................................
................
10
PART 5:
PROHIBITIONS ..................................................................................
........................
10
PART 6:
PERMIT CONDITIONS ..........................................................................
....................
11
PART 7:
POWERS OF A BUILDING OFFICIAL ..........................................................
..........
12
Administration .....................................................................................
...........................................
12
Refusal and Revocation of Permits............................................................................
.....................
13
PART 8:
OWNER'S RESPONSIBILITIES ..................................................................
..............
14
Owner' s Obligations................................................................................
.......................................
14
Damage to Municipal Works..................................................................................
........................
15
Owner's Responsibilities in Demolition.......................................................................
..................
15
Notices by Owner ..................................................................................
.........................................
16
PART 9:
OBLIGATIONS OF OWNER'S CONSTRUCTOR ...................................................
17
PART 10: REGISTERED PROFESSIONAL'S
RESPONSIBILITIES ........................................
17
Professional Design and Field Review ................................................................
..........................
17
Requirement for a Registered Professional.....................................................................
................
17
Professional Plan Certi?cation ................................................................................
.......................
18
PART 11: BUILDING PERMITS ............................................................................
....................
19
Requirements Before Applying for a Building Permit .................................................................
.
19
Intake Screening of an Application Submission ................................................................
.............
19
Building Permit Applications for Complex Buildings..........................................................
..........
20
Building Permit Applications for Standard Buildings..........................................................
..........
22
Site and Location Survey ......................................................................................
..........................
23
Alternative Permit Approval for Certified Professionals ................................................................
23
Permit Fees and Plan Processing Fees.........................................................................
...................
25
District of Metchosin
Building Bylaw 2024, No. 694
Page 3 of 47
Other Charges and Securities with Building Permit Application..........................................
.........
27
Security Deposits..............................................................
..............................................................
27
Permit Fee Refunds............................................................
............................................................
27
Compliance with the Homeowner Protection Act..................................................
.........................
28
Issuance of a Building Permit......................................................
...................................................
28
Conditions of a Building Permit.........................................................
............................................
29
Tree Protection..........................................................
..........................................................
...........
29
Permit Expiration..............................................................
..............................................................
29
Permit Extension ..............................................................
..............................................................
30
Permit Withdrawal and Cancellation......................................................
........................................
30
Design Modi?cation............................................................
...........................................................
30
Alternative Solutions...........................................................
...........................................................
31
PART 12: ENERGY CONSERVATION
AND GHG EMISSION REDUCTION ......................
31
PART 13: PLUMBING PERMITS ............................................................
...................................
32
PART 14: INSPECTIONS ............................................................
................................................
33
Re-Inspection and Other Fees...........................................................
..............................................
36
PART 15: PARTIAL CONSTRUCTION .......................................................
..............................
37
PART 16: SANITARY FACILITIES DURTNG CONSTRUCTION ......................................
.....
37
PART 17: SITE GRADING AND DRAINAGE .................................................
.........................
37
PART 18: OCCUPANCY ........................................................
.....................................................
38
PART 19: TEMPORARY BUILDINGS .......................................................
...............................
39
PART 20: RETAINING WALLS .......................................................
..........................................
40
PART 21: BUILDING RELOCATION ........................................................
...............................
40
PART 22: NUMBERIN G OF BUILDINGS ....................................................
............................
41
PART 23: POOLS............................................................
............................................................
.
41
Swimming Pool Permit and Fencing......................................................
.........................................
41
Pool Gate ............................................................
............................................................
.............
41
Spa or Hot Tub Lid..................................................................
......................................................
41
Maintenance.................................................................
.................................................................
.
42
Leaks or Other Failures.........................................................
.........................................................
42
PART 24: BUILDING OFFICIAL'S NOTICES.................................................
.........................
42
PART 25: OFFENCES ..............................................................
...................................................
43
District of Metchosin
Building Bylaw 2024, No. 694
Page 4 of 47
Ticketing ........................................................................
.............................................................
43
Additional Fees ...........................................................................
...................................................
43
Deemed Offence...........................................................................
..................................................
44
PART 26: SEVERABILITY ........................................................................
.................................
44
PART 27: APPENDICES ...................................................................
..........................................
44
PART 28: REPEAL .......................................................................
...............................................
44
APPENDIX A............................................................................
....................................................
45
APPENDIX B............................................................................
....................................................
46
APPENDIX C............................................................................
....................................................
47
District of Metchosin
Building Bylaw 2024, N0. 694
Page 5 of 47
DISTRICT
OF METCHOSIN
BYLAW NO. 694
A BYLAW
for the Administration
of the BC Building Code and Regulation of Construction
GIVEN that the District of Metchosin Council:
A. may by bylaw regulate, prohibit, and impose requirements in respect to buildings and structures
under sections 8(3)(g) and (1)of the Community Charter for the following 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.
(0)
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 Metchosin in accordance with the Community Charter and the Building Act; and
C. has employed a Registered Building Of?cial for the purposes of this Bylaw;
NOW THEREFORE
the Council of the District of Metchosin enacts as follows:
PART 1:
CITATION
1.1.
This Bylaw may be cited as "Building Bylaw 2024, N0. 694
PART 2:
INTERPRETATION
D?n
2.1
In this Bylaw:
Accepted means received by the Building Of?cial under the applicable provisions of the Building
Code and this Bylaw.
Addition means an alteration
to any building which will increase the total aggregate ?oor area or
the building height (in storeys) and includes the provision of two or more separate buildings with
openings between each other for intercommunication.
District of Metchosin
Building Bylaw 2024, No. 694
Page 6 of 47
Agent includes a ?rm, corporation or other person representing the owner, by written designation
or contract, and includes a hired tradesperson or constructor
who may be granted a permit for
work within the limitations of their licence.
Alternative solution means an alternative solution authorized under the Building Code.
Alteration
means a change, repair or modi?cation 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.
Building Code means the British Columbia Building Code as adopted by the Minister responsible
under provincial legislation, as amended or re-enacted from time to time.
Building Of?cial means the person designated in or appointed to that position by the District, and
includes a building inspector, plan checker, Plumbing Of?cial, designated or appointed by the
District, and for certainty the Building
Of?cial
is a "building inspector" referred to in the
Community Charter and Local Government Act and a "quali?ed building of?cial" or an "exempt
building professional" under the Building Act.
Certi?ed
Energy Advisor means an Energy Advisor who is registered with Natural Resources
Canada.
Certi?ed
Professional
means
a
registered
professional
practicing
under the
Certi?ed
Professional Program as recognized by the Architect Institute of BC (AIBC) or the Engineers and
Geoscientists BC (EGBC).
Complex building means a building where Division A Section 1.3.3.2 of the Building Code
applies.
Construct
means
to build, erect,
install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate, or shore.
Council means the Council of the District.
Cost of construction means the total hard and soft costs calculated in accordance with the Fees
and Charges Bylaw.
District means the Municipality of Metchosin.
Do Not Occupy means a notice issued by the Building Of?cial where the Building Official has
not given permission to occupy the premises by means of a valid permit.
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996, c. 116.
Energy
Step Code means the energy performance standards set out in Subsection 9.36.6 of the
Building Code and a reference to a numbered step in the Energy Step Code established in that
Subsection.
District of Metchosin
Building Bylaw 2024, N0. 694
Page 7 of 47
Net-zero energy building means a building that is designed and constructed to produce as much
energy as it consumes
on an annual basis. A net-zero
energy building uses renewable energy such
as solar, wind, or geothermal to generate the energy it needs.
Existing, in respect of a building, means that portion of a building constructed with valid permits
prior to the submission of a permit application required under this Bylaw.
Fees and Charges Bylaw means the DistrictofMetchosinFees and Charges Bylaw.
Final inspection notice means permission or authorization in writing by the Building Of?cial for
an interim occupancy
of a building where the health and safety aspects of the work have been
addressed.
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 ?nished 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.
Monitoring
check means an audit check by the Building Of?cial of a building or structure
under
construction
for the purposes of the health and safety aspect of the work.
Occupancy
permit
means
a ?nal authorization by the Building
Of?cial
for the
occupancy
of a building, structure,
or other work speci?ed in the permit.
Owner has the meaning set out in the Community Charter, and a person who has been authorized
by the owner in writing to act as the owner's agent in a form approved by the Building Of?cial.
Permit
means permission or authorization in writing by the Building Of?cial to perform work
regulated by this Bylaw and, in the case of a ?nal inspection notice or occupancy
permit,
to
occupy a building or part of a building.
Plumbing Of?cial
means the person designated in or appointed to that position by the District,
who has the quali?cations set out in the BuildingAct to carry out the duties of plumbing inspections.
Pool means a structure
or constructed depression, designed to contain water, intended for bathing,
swimming, wading or diving, having a depth, at any point, exceeding 0.6 metres, and without
limitation including an in-ground pool, spa and hot tub.
professional
design means the plans and supporting documents bearing the date, seal or stamp,
and signature of a registered professional.
retaining wall means a structure
constructed to hold back, stabilize, or support soil.
District of Mctchosin
Building Bylaw 2024, N0. 694
Page 8 of 47
2.2
standard
building means a building where Division A Section 1.3.3.3 of the Building Code
applies.
Stop Work
means a notice issued by the Building Of?cial
to immediately suspend
construction.
Structure
means a construction
or portion thereof of any kind, whether ?xed to, supportedby,
or sunk into land or water, except for retaining wall of 1.2 metres or less in height.
Subdivision
Servicing Bylaw means the District of Mctchosin Subdivision Servicing Bylaw No.
38, 1987.
Temporary
building or other structure
means a building or structure
that is located for no more
than a ?xed duration as speci?ed on the permit, or for the duration of the construction, and may
include a sales of?ce, construction of?ce,
or a structure
in which tools are stored during
construction of a building or other structure.
Tree Management
Bylaw means the Mctchosin Tree Management BylawNo.28 7.
Unsafe to Occupy means
a building or construction
that has been declared to be structurally
unsafe by the Building Of?cial.
Work
Without
Permit means construction
that has been carried out without a valid
permit or written authorization to prove otherwise.
Zero
Carbon
Step Code
means the regulation of greenhouse gas (GHG) emissions set out in
Division B, Parts 9 and 10 of the Building Code.
Zoning Bylaw means the MetchosinLand Use Bylaw N0. 259.
In this Bylaw the following words and terms have the meanings.
a)
set out in the Building Code as of the date of the adoption of this Bylaw: accessible, assembly
occupancy,
building,
building
area,
building
height,
business
and
personal
services
occupancy,
care occupancy,
constructor,
coordinating
registered
professional, designer,
detention occupancy,
emissions level, excavation, ?eld review, ?rewall, ?rst 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,
Schedules A, B, C-A, C-B, 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, service and soil; and
0)
subject to this Bylaw, set out in section 29 of the Interpretation
Act: may, must, obligation,
person, property, writing, written and year.
District of Metchosin
Building Bylaw 2024, N0. 694
Page 9 of 47
2.3
Every reference to this Bylaw to a statute,
regulation or code is to an enactment
of the Province of
British Columbia, and every reference to such enactments
or another bylaw of the District is a
reference to that enactment
as amended or replaced from time to time.
2.4
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 replaced from time to time.
2.5
De?nitions of words and phrases used in this Bylaw that are not included in the defmitions 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.
PART 3:
PURPOSE
OF BYLAW
3.1
Despite any other provision in this Bylaw, this Bylaw must be interpreted in accordance with this
Part.
3.2
Every permit issued under this Bylaw is issued expressly subject to the provisions of this Part.
3.3
This Bylaw is enacted
to regulate, prohibit, and impose requirements
regarding
construction within the District, in the public interest.
3.4
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 District or any Building Official of any responsibility for ensuring the
compliance by any owner,
their representatives
or any employees, constructors
or
designers retained by the owner, with the Building Code, the requirements of this Bylaw,
or other applicable enactments, codes, or standards.
0)
providing any person, a warranty of design or workmanship with respect to any building or
structure
for which a permit, ?nal inspection notice or occupancy permit is issued under
this Bylaw.
(1)
providing any person, a warranty or assurance that construction undertaken under
permits issued by the District is free from latent, or any, defects; or
e)
the protection of adjacent real property from incidental damage or nuisance.
PART 4:
SCOPE AND EXEMPTIONS
Application
4.1
This Bylaw applies to the geographical area of the District and to land, the surface of water, air
space, buildings, or structures
in the District.
District of Metchosin
Building Bylaw 2024, No. 694
Page 10 of 47
4.2
This Bylaw does not apply to buildings
or structures
exempted by Division A Part 1 of the
Building Code except as expressly provided herein.
Limited Application to Existing Buildings
4.3
Except
as provided in the Building
Code
or to the extent
an existing building
is under
construction
or does not have an occupancy
permit, when an existing building has been
constructed before the enactment
of this Bylaw, the enactment of this Bylaw is not to be interpreted
as requiring that the building must be reconstructed and altered, unless it is expressly so provided
by this or another bylaw, regulation or statute.
4.4
This Bylaw applies if the whole or any part of an existing building is moved either within or into
the District, including relocation relative to parcel lines created by subdivision or consolidation.
4.5
If an alteration
or addition is made to an existing building, the alteration
or addition must
comply with this Bylaw, and the Building Code and, where applicable, the remainder of the
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.
4.6
A registered professional with a structural specialty must certify the building is structurally sound
meeting current requirements in the Building Code with the introduction of any new structural
loads as a result of the alteration or addition.
PART 5:
PROHIBITIONS
5.1
A person must
not construct,
continue to construct,
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, this Bylaw and other
applicable District bylaws or regulations; and
b)
unless a Building Of?cial has issued a valid and subsisting permit for the work under this
Bylaw.
5.2
A person must not occupy or permit the occupancy
of any building or structure
or part of any
building or structure:
a)
unless a subsisting ?nal inspection notice has been issued by a Building Of?cial
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 Of?cial.
5.3.
A person must not knowingly submit false or misleading information to a Building Of?cial in
relation to any permit application or construction undertaken pursuant to this Bylaw.
5.4
Except in accordance with this Bylaw, including acceptance
of revised plans or supporting
documents, a person must not erase, alter, or modify plans and supporting documents after the
same have been reviewed by the Building Of?cial,
or plans and supporting documents which
District of Metchosin
Building Bylaw2024, N0. 694
Page 11 of 47
have been ?led for reference with the Building Official after a permit has been issued.
5.5
A person must not, unless authorized in writing by a Building Official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certi?cate posted or af?xed to a
building or structure
pursuant to this Bylaw.
5.6
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.
5.7
A person must not interfere with or obstruct the entry of a Building Of?cial or other authorized
of?cial of the District on property in the administration of this Bylaw.
PART 6:
PERMIT CONDITIONS
6.1
A permit is required if work regulated under this Bylaw is to be undeitaken, including but not
limited to:
a)
a building
permit before constructing,
repairing or altering
a building
or structure,
or
portions of a building or structure;
b)
a moving permit before moving a building or structure;
c)
a demolition permit before demolishing a building or structure;
d)
a ?replace permit prior to the construction of a masonry ?replace or the installation of a solid
fuel burning appliance or chimney;
e)
a plumbing permit prior to commencing the installation of any plumbing ?xtures or pipes;
f)
a pool permit for installation of a pool; or
g)
a retaining wall permit for the construction or structural repair to a retaining wall over
1.2m in height measured from the lowest exposed grade to top of wall; and
h)
each building or structure
to be constructed on a site requires a separate permit.
The application form for the above scopes may be different in format, as prescribed by the
Building Of?cial.
6.2.
A permit is not required in the following circumstances:
a)
for minor repairs or alterations to non-structural components
of the building, including roof
retro?ts or replacements for windows and doors of the same sizes in a single- family dwelling;
or
b)
when a valve, faucet, ?xture or service water heater is repaired or replaced, a stoppage cleared,
or a leak repaired if no change to the piping is required.
6.3
Neither the issuance of a permit under this Bylaw, nor the acceptance or review of plans, drawings,
District of Metchosin
Building Bylaw 2024, N0. 694
Page 12 of 47
speci?cations or supporting documents, nor any inspections made by or on behalf of the District
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 zoninghave been
complied with; or
c)
constitute a representation or warranty that the building or structure
meets any standard of
materials or workmanship.
6.4
A person must not rely on any permit as establishing compliance with this Bylaw or assume
or
conclude that this Bylaw has been administered or enforced according to its terms.
6.5
Without limiting section 6.3(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 and verify 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 7:
POWERS
OF A BUILDING
OFFICIAL
Administration
7.1
Every reference to "owner"
in this Part includes a reference to the owner's agent
or
constructor.
7.2
Words de?ning the authority of a Building Official are to be construed as internal administrative
powers and not as creating a duty.
7.3
A Building Of?cial may
a)
administer this Bylaw but owes no public or private law 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 documents, in paper or electronic format, connected with
the administration of this Bylaw;
0)
subject to section 16 of the Community Charter, enter on property
at any time to ascertain
whether the requirements of this Bylaw are being met; and
by notice in writing:
d)
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;
District of Metchosin
Building Bylaw 2024, No. 694
Page 13 of 47
e)
direct that tests of materials, equipment, devices, construction methods, structural assemblies
or foundations be carried out, or that suf?cient 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;
f)
order 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;
g)
order 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 or any other bylaw of the District
relating to building health or safety;
h)
require an owner
to have work inspected by a Building Of?cial prior to covering; or have the
work inspected by a registered professional, at the sole cost of the owner, prior to covering;
i)
order an owner to uncover any work that has been covered without inspection contrary to this
Bylaw or an order issued by a Building Of?cial; and
j)
order the correction of any work that is being done or has been done in contravention of the
Building Code or this Bylaw.
7.4
Without limiting section 7.3, the Building Of?cial may cause any of the following notices to be
posted on the affected parcel, or on a building
or structure,
and make orders in relation to the
subject of the notice:
a)
a Stop Work
notice, notifying the person doing such work, to require the cessation of
construction, including plumbing installations, that is proceeding in contravention of this
Bylaw, conditions on the permit, or the Building Code.
b)
a Work
Without Permit notice notifying the owner
or occupants where construction
or
plumbing installations has been carried out without a valid permit as required under this Bylaw;
c)
a Do Not Occupy notice if the owner
or occupants has been noti?ed not to occupy a
building, and the owner or occupants continues the occupancy; and
d)
an Unsafe to Occupy notice to the owner and occupants if the Building Of?cial deems the
building
to be structurally unsafe and considers that continuing use of the building may
endanger the safety of the occupants in or around the building.
7.5
Every person served with a notice under this Part must comply with that notice.
3)
within the time ordered, or
b)
if no time is ordered, immediately.
Refusal
and Revocation of Permits
7.6
A Building
Of?cial
may refuse to issue a permit,
or may revoke an issued permit prior to
occupancy,
if the Building Of?cial determines that any of the following has occurred:
District of Metchosin
Building Bylaw 2024, N0. 694
Page 14 of 47
a)
violation of any of the conditions under which the permit was issued;
b)
Violation of a provision of this Bylaw or any bylaw of the District
relating to this bylaw or to
building health or safety or the protection of property;
0)
violation of a provision of the Building Code or other provincial enactment;
d)
violation of a covenant
in favour of the District related to building on land that is subject of the
permit application.
e)
if any reason is found to exist which would have been cause for denial of such permit,
if known to exist at the time of issuance of the permit;
f)
if there are outstanding fees, charges, ?nes, or penalties that remains unpaid;
g)
if information on the application is misleading or incorrect;
h)
if all permits required under this Bylaw have not been obtained; or
i)
if the permit was issued in error.
PART 8:
OWNER'S RESPONSIBILITIES
Owner's Obligations
8.1
8.2
8.3
Every owner must
a)
comply with the Building Code, the requirements of this Bylaw and the conditions of a permit
and must not omit any work required by the Building Code, this Bylaw or the conditions of a
permit;
b)
ensure all registered professionals provide their necessary inspections in accordance with
their professional best practices or guidelines;
c)
ensure that all permits, all plans and speci?cations and supporting documents on which a
permit was based, all inspection notices, and all professional ?eld reviews are available at the
site of the work for review during working hours by the Building Of?cial, and that all permits
are posted conspicuously on the site during the entire execution of the work; and
(1) prior to the issuance of a building permit,
execute
and submit to the District an owner's
undertaking in the form attached as Appendix B, where required by the Building Of?cial.
Every owner and every owner's agent,
must carry out construction
or have the construction
carried out in accordance with the requirements of the Building Code, this Bylaw and other bylaws
of the District and none of the issuance of a permit under this Bylaw, the review of plans and
supporting documents, or inspections made by a Building Of?cial shall relieve the owner, or their
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.
Every owner
must allow a Building Of?cial to enter any building or premises at any reasonable
time to administer and enforce this Bylaw.
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Building Bylaw 2024, No. 694
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8.4
Every owner
to whom a permit is issued must, during construction:
a)
post the civic address and a permit card on the property
so that it may be easily read from the
public highway from which the property takes its address.
b)
manage any soil or water runoffs to adjacent properties and rights-of-way.
c)
manage the disposal and removal of materials off the site in an acceptable and safe manner.
(1) ensure
that the construction site is kept in a manner
that complies with the Workers
Compensation Act and its regulations.
e)
ensure parking and the traf?c ?ow related to the construction is managed without causing
nuisance to neighbours; and
f)
ensure all construction materials, waste, or debris, from demolition, excavation or construction
activity are contained within the property boundaries or have permission from the District to
store off the site.
8.5
Every owner shall pay a fee as establishedin the Fees and Charges Bylaw:
a)
to extend a building permit.
b)
for revision of plans after submission of the building permit application.
c)
for revision of plans after issuance of a building permit.
Damage to Municipal Works
8.6
Every owner shall repair any damages to municipal works or lands, within a timely manner
once
noti?ed by the District, back to their pre-existing conditions, or better, that occurs during or arises
directly or indirectly from the work authorized by the permit; and the owner
shall be solely
responsible for the cost of such repairs.
8.7
If the owner fails to remedy any repair or damage to the satisfaction of the Building Official, the
damage securities collected will be used by the District to undertake the speci?ed repairs and the
owner
will be responsible to pay back to the District for any additional costs incurred over the
amount of the security.
Owner's Responsibilities in Demolition
8.8.
Prior to obtaining a permit to demolish a building or structure,
the owner must:
a)
provide to the District a vacancy date;
b)
ensure that all sewer and storm pipes are capped and terminated at the property linein a District
standard inspection chamber and valve arrangement
and pay capping and inspection chamber
installation fees as set out in the Fees and Charges Bylaw;
c)
provide written con?rmations from other utilities involved, including water, gas, and hydro, in
District of Metchosin
Building Bylaw 2024, No. 694
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regard to proper disconnection must be presented at time of application; and
d)
secure the demolition site and all buildings from unauthorized entry; and provide a hazardous
materials report for the building or structure
including methods of deposition of suchmaterials
and a clearance letter once any required remediation is completed.
8.9
Every owner
must ensure that, on completion of all demolition procedures:
a)
all debris and ?ll are cleared, and the site is levelled or graded;
b)
if the site remains vacant for a duration longer than 6 months, an interim landscape plan is
placed; and
c)
the site is made safe with an acceptable security fencing if levelling and grading are not
possible.
8.10
If interim landscaping is required under Section 8.9, the owner
must deliver to the District a
landscape security in the form of a letter of credit or cash as per the Fees and Charges Bylaw, to
ensure the interim landscaping plan takes place, and the security amount will be refunded upon the
completion of the interim landscaping.
Notices by Owner
8.11
Every owner must give written notice to a Building Of?cial of any change in or termination of
engagement
of a registered
professional,
including a coordinating
registered
professional,
during construction, within 48 hours of when the change or termination occurs.
8.12
If an owner or a registered professional terminates the engagement
of a registered professional,
including a coordinating
registered professional, the owner must stop all work under a building
permit that is under the responsibility of the departed registered professional until the owner has
engaged a new registered professional, including a coordinating
registered
professional, and
has delivered to a Building Of?cial new letter of assurance.
8.13
Every owner must give notice in writing to a Building Of?cial 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 the issuance of an occupancy permit.
8.14
Every owner must give such other notice to a Building Official as may be required by the Building
Of?cial or by a provision of this Bylaw.
8.15
Every owner shall give at least 24 hours' notice to the Building Of?cial
a)
of any scheduled inspections of a registered professional or representative.
b)
of intent to cover work that has been ordered to be inspected prior to covering; and
0)
prior to requesting an inspection or monitoring check.
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PART 9:
OBLIGATIONS
OF OWNER'S CONSTRUCTOR
9.1
9.2
9.3
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.
Every constructor
must ensure that no excavation or other work is undertaken on public property,
and that no public property is disturbed, no building or structure
erected, and no materials stored
thereon, in whole or in part, without ?rst having obtained approval in writing from the appropriate
authority over such public property.
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 10:
REGISTERED
PROF ESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
10.1
10.2
The provision by the owner
to the District
of letters of assurance
in accordance with the
requirements of the Building Code shall occur prior to
a)
the pre-occupancy
site review coordinated by the coordinating
registered professional
or other registered professional for a complex building, or
b)
a ?nal inspection for a standard building in circumstances where letters of assurance have been
required in accordance with the requirements of the Building Code, in which case the owner
must provide the District with letters of assurance
in the form of Schedules C-A or C-B, as
appropriate, referred to in subsection 2.2.7, Division C, of the Building Code.
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 Of?cial in the form
prescribed by the Building Of?cial.
Requirement for a Registered Professional
10.3
The owner
must retain a registered
professional
to provide a professional
design and plan
certi?cation, 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 for:
a)
any construction
of a complex building;
b)
any construction
of a standard
building in circumstances where letters of assurance have
been
required
in
accordance
with
the
requirement
of
the
Building
Code;
0)
except for garages, carports and garden structures, foundation
and excavation components
of
new standard
buildings and additions greater than 55 square metres to standard
buildings in
accordance with the Building Code;
(1) a building in respect of which the Building Of?cial determines that site conditions, size or
District of Metchosin
Building Bylaw2024, No. 694
Page 18 of 47
complexity so warrant
in the interests of safety of persons or protection of property under the
Building Code;
e)
the building envelope components that fall under Division B Part 5 of the Building Code, or
if the building envelope do not comply with the prescriptive requirements of Division B Part 9
of the Building Code;
f)
a parcel of land on which a building or structure
is proposed if the Building Of?cial believes
the parcel is or is likely to be subject to ?ooding, mud ?ows, debris ?ows, 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 certi?ed by a professional engineer with experience in geotechnical
engineering that the parcel may be used safely for the use intended, and
ii.
that
the
plans
submitted
with
the
application
comply
with
the
relevant
provisions of the Building Code and applicable bylaws of the District.
g)
the design and construction
of buildings required by the Architect Act to have the services of
an architect; in which case the owner must ensure the registered professional is an architect;
h)
the structural design of a complex building, and must at the owner's or engineer's sole cost,
also retain a second structural engineer to carry out a separate independent check; and
i)
a retaining wall over 1.2m in height.
10.4
The Building Of?cial
may require any registered
professional carrying out the professional
design and ?eld review required under section 10.3 to provide evidence that they have experience
and expertise in respect of the professional design and ?eld review of the context
and scope
required.
Professional Plan Certi?cation
10.5
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 10.1 and 10.3 of this Bylaw are relied
upon by the District and its Building Of?cials as certi?cation that the design and plans to which
the letters of assurance refer comply with the Building Code, this Bylaw and other applicable
enactment.
10.6
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.
10.7
For a building permit issued for the construction of a complex building, the Building Of?cial
will provide the owner
with a notice that the building permit
is issued in reliance on the
certi?cation 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 Of?cial to provide the owner with
the notice will not diminish or invalidate the reliance by the District or its Building Of?cials on
the registered professionals.
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Building Bylaw 2024, N0. 694
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10.8
If a building permit is issued for the construction of a complex building, the permit fee is reduced
by 5% of the fees payable under the Fees and Charges Bylaw, up to a maximum reduction of
$500.00 (?ve hundred dollars).
PART 11:
BUILDING PERMITS
Requirements
Before Applying for a Building Permit
11.1
When applying for a building
permit,
the owner
must verify the following requirements or
conditions are in place, where applicable:
a)
an approval for the development permit associated with the site;
b)
the proposed building
or structure
complies with all bylaws of the District, except to the
extent a variance of a bylaw is authorized by a development permit, development variance
permit or approval from the Board of Variance;
c)
an approving of?cer 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 Of?ce;
d)
if the works and services required by a District bylaw or other enactment
have not been
completed in accordance with the enactments,
a Works and Services Agreement with the
District is conditionally approved, and the amount that is needed to be secured by letters of
credit or cash security in accordance with the Subdivision
Servicing Bylaw for completion of
the works and service must be provided; and
e)
drawings regarding all on site works and services, and storm water management
plan, that
comply with applicable bylaws, design standards and the Plumbing Code, have been
completed.
Intake
Screening of an Application Submission
11.2.
The Building Of?cial
may refuse to accept an application for building permit if any of the
submission requirements in 11.1 are not met, and if the application package:
a)
does not substantially meet the requirements of the Building Code, or other District
bylaws,
on application,
b)
does not
match the proposal under the development permit
or works and servicing
agreement
for the site, or
c)
if applicable, the site does not have a site disclosure statement
from the Ministry of
Environment.
11.3
Upon completion of the intake screening, the Building Of?cial will notify the applicant in writing
if the application is refused. The applicant must pick up the incomplete applicable package within
14 days upon noti?cation, after which the application package will be subject to the District's
records retention and disposition policy.
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Building Permit Applications for Complex Buildings
11.4
An application for a building permit with respect to a complex building must include:
a)
b)
g)
iv.
vi.
vii.
viii.
ix.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
a completed application form signed by the owner,
or a signing of?cer if the owner is a
corporation;
the owner's Letter of Authorization and owner's Undertaking made in the form attached as
Appendix A and C to this Bylaw and signed by the owner, or a signing of?cer if the owner is
a corporation, and include the corporate registry information.
a copy of a title search for the relevant property made within 30 days of the date of the permit
application, and where applicable, any covenants, easements
or rights of way listed on title.
a Building Code compliance report and code compliance drawings.
an energy compliance modelling report prepared by a Certi?ed
Energy Advisor.
a copy of a survey plan prepared by a British Columbia land surveyor.
a site plan prepared by a registered professional showing:
the bearing and dimensions of the parcel taken from the registered subdivision plan.
the legal description and civic address of the parcel.
the location and dimensions of existing and proposed statutory rights of way,
easements
and setback requirements, adjacent street, and lane names.
the location and dimensions of existing and proposed buildings or structures
on the parcel.
setbacks to the natural boundary of any lake, swamp, pond or watercourse.
north arrow.
if applicable, location of an approved existing or proposed private or other alternative
sewage disposal system, water supply system or storm water drainage system.
zoning compliance summary.
the location, dimensions and gradient of parking and parking access.
proposed and existing setbacks to property lines.
natural and ?nished grade at building corners and signi?cant breaks in the building plan
and proposed grade around the building faces in order to ascertain foundation height.
?rst storey ?oor elevation.
location, setbacks and elevations of all retaining walls, steps, stairs and decks.
elevations of below grade and upper ?oors.
location and elevation of curbs, sidewalks, manholes, and service poles.
location of existing and proposed service connections.
location and species of all trees.
location of top bank and water courses.
District of Metchosin
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xix.
xx.
xxi.
h)
j)
k)
1)
access routes for ?re?ghting.
accessible paths of travel from the street to the building.
geodetic elevation of the underside of a wood ?oor system or the top of a ?nished concrete
slab of a building or structure
where the District's land use regulations or provincial ?ood
mapping regulations establish siting requirements related to minimum ?oor elevation,
except that the Building Of?cial may waive, in whole or in part, the requirements for a site
plan or survey, if the permit is sought for the repair or alteration of an existing building or
structure.
?oor plans showing the dimensions and uses and occupancy
classi?cation 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; ?oor, wall, and ceiling ?nishes; ?re
separations; plumbing ?xtures; structural elements; and stair dimensions, and accessibility
requirements meeting the Building Code.
a cross-section through the building or structure in suf?cient detail and locations to illustrate
foundations, drainage, ceiling heights and constructions systems.
elevations of all sides of the building
or structure
showing ?nish details, roof slopes,
windows, doors, natural and ?nished grade, spatial separations and ridge height to comply
with the Building Code and to illustrate that the building or structure
conforms with the
Zoning Bylaw and the associated development permit.
all other requirements of Part 2 Division C of the Building Code.
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.
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 of?cer if the owner is a corporation,
and the coordinating
registered professional.
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, prepare the design for, and conduct
?eld reviews of the construction of the building;
two sets of drawings and an electronic copy at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (k) of this section.
landscape drawings and a letter of commitment to do ?eld reviews by the landscape architect.
sprinkler design drawings prepared by a registered professional.
a site disclosure statement issued by the Ministry of Environment; and
illustration of any slopes on the subject parcel that exceed 30%.
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11.5
In addition to the requirements of section 11.4 of this Bylaw, a Building Of?cial 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)
b)
d)
site servicing drawings, including suf?cient detail of off-site services to indicatelocations
at
the property line, prepared and sealed by a registered professional, in accordance with the
Subdivision Servicing Bylaw.
detailed stormwater
management
plan in accordance with the Subdivision Servicing Bylaw.
a section through the site showing grades, buildings,
structures,
parking areas and
driveways; and
any other information required by the Building Of?cial
to establish compliance with this
Bylaw, the Building Code and other bylaws and enactments
relating to the building
or
structure.
Building Permit Applications for Standard
Buildings
11.6
An application for a building permit with respect to a standard
building must, where applicable
include:
a)
b)
g)
h)
a completed application form signed by the owner,
or a signing of?cer if the owner
is a
corporation;
the owner's Letter of Authorization and owner's Undertaking made in the form attached as
Appendix A and C to this Bylaw and signed by the owner,
or a signing of?cer if the owner is
a corporation, and include the corporate registry information;
all drawings and documents required on the application checklist provided by the Building
Of?cial;
a copy of a title search for the relevant property made within 30 days of the date of the
permit application and where applicable include any covenants,
easements
or rights of way
listed on title;
a copy of a survey plan prepared by a British Columbia land surveyor, except that the
Building Of?cial may waive the requirement for a survey plan, in whole or in part,
where conditions warrant;
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;
except for garages, carports and garden structures located on land, a foundation and excavation
design prepared by a structural engineer in accordance with the Building Code;
geotechnical letters of assurance, in addition to a required geotechnical report, if the
Building Of?cial determines that the site conditions so warrant;
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Building Bylaw 2024, N0. 694
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i)
an energy compliance modelling report prepared by a Certi?ed
Energy Advisor;
j)
two sets of drawings and an electronic copy at a suitable scale of design;
k)
a Building Code compliance summary including the applicable edition of the Building Code;
and
l)
a site disclosure statement issued by the BritishColumbia Ministry of Environment.
Site and Location Survey
11.7
Unless the Building Of?cial waives the requirements for a survey, in whole or in part, the owner
must submit an up-to-date plan or survey prepared by a registered British Columbia land surveyor
which contains suf?cient 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, upon completion of the foundation to top of concrete,
and on completion of the
construction, that all provisions of this and other applicable bylaw have been complied with.
c)
in relation to an existing building,
substantiate its location, size, including appurtenances
whether above, at, or below ground level, relative to the site or its relationship to neighbouring
grades; and
d)
in relation to construction of a new building, or addition to an existing building, prior to the
placement of concrete
for foundations
and footings, show the elevation at proposed top of
concrete
on all building elevations and at all signi?cant 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.
Alternative Permit Approval for Certi?ed Professionals
11.8
Where the owner chooses to engage in the services of a Certi?ed
Professional, and where any
required development permit is issued and any required works and servicing agreement is entered
for the project, a Building Official may, issue a permit for an excavation or foundation
phase
ahead of a full building permit for a complex building, based on a complete set of excavation,
architectural, and structural drawings.
11.9
The owner
must
pay the building permit
fee and all applicable securities and charges
associated with the proposed work for a permit for excavation or foundation, and a separate
building permit fee for the remaining building under a separate building permit.
11.10
The separate excavation or foundation permit is deemed to be incorporated into the subsequent
building permit when the construction exceeds the scope under the excavation or foundation.
11.11
The letters of assurance
of the full project are deemed to cover all phases of the project, unless
otherwise speci?ed by the registered professional.
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11.12
The Building Of?cial
may accept a complex building development for processing under the
Certi?ed Professional Program, provided that:
a)
the building document plans have been reviewed by the Certi?ed
Professional
for
compliance with requirements of Division A, Division B, Parts 1 and 3 and Division C of the
Building Code, relevant District bylaws and other applicable enactments, and
b)
the building permit application includes all required letters of assurance,
schedules and
checklists, and any required con?rmations with respect to compliance to the Building Code,
and code coordination.
11.13
A Certi?ed
Professional providing the Building Of?cial with letters of assurance, must also
provide proof of insurance in an amount and form prescribed by the Building Of?cial.
11.14
The Building
Of?cial
may refuse to recognize
a person
from practicing as a Certi?ed
Professional
in the District if the registered professional:
a) is no longer licensed as a registered professional in the Province of British Columbia,
b) submits any required documentation, which is in any material way inaccurate or misleading,
c) fails to disclose in a timely manner to the Building Of?cial any signi?cant variation or change
to the design or construction
of a building, or
(1)fails to satisfactorily perform any duties or obligations required by this Bylaw or other
applicable enactments.
11.15
A Certi?ed
Professional must, where a building permit was issued, and in addition to any other
applicable responsibilities:
a)
review, in advance of any tenant improvement building permit application, and any tenant
improvement work constructed prior to substantial completion of the shell of the building,
b)
review for adequacy and acceptability, any report concerning testing and?eld reviews related to
the construction and maintain a detailed record of such reports and, if requested, make these
available to the Building Of?cial,
c)
advise the Building Of?cial promptly, in writing, if any matter of design, construction or ?eld
review does not
meet the requirements of the Building Code, this Bylaw and/or other
applicable enactments, and
d)
at least once every 30 days from the date of issuance of a building permit, submit to the
Building Of?cial a written progress report together with copies of the ?eld review reports from
each registered professional involved in the development.
11.16
The Building Of?cial
may post a Stop Work
notice or revoke a building permit under the
Certi?ed Professional Program in any of the following circumstances:
a)
if the Certi?ed
Professional
ceases to be retained by the owner, resigns or is otherwise unable
or unwilling to carry out ?eld reviews or other duties related to the development for which a
District of Metchosin
Building Bylaw 2024, N0. 694
Page 25 of 47
building permit was issued under the Certi?ed Professional Program.
b)
pursuant to paragraph (a), under such circumstances the Certi?ed
Professional
must promptly
notify the Building Of?cial in writing of the date upon which they will cease to be involved.
0)
if the Certi?ed
Professional
is no longer licensed as a registered professional in the Province
of British Columbia.
d)
if the Certi?ed
Professional
fails to perform any of their duties or obligations under this
Bylaw; or
e)
if a document required by this Bylaw or under the Certi?ed Professional Program is not
delivered by the Certi?ed
Professional within the time frame speci?ed in this Bylaw.
11.17
Where a building permit is revoked pursuant to Section 11.16,only work necessary, as authorized
by the Building Official, to remove any hazards or to mitigate damage arising from exposure to the
elements, can be undertaken on the development unless otherwise speci?cally authorized by the
Building Of?cial.
11.18
Under the circumstances listed under section 11.16, work on the development must not resume
until the Building Of?cial has received written notice from the owner that another Certi?ed
Professional
a)
has been retained by the owner for the continuation of construction of the building,
b)
has reviewed the building and certi?es that the building,
as constructed up to that point,
substantially complies with the Building Code, this Bylaw, and other applicable enactments,
and has been constructed in accordance with the approved plans, and
c)
will carry out the duties of the Certi?ed
Professional that are required in order to bring the
building
to completion and to certify substantial compliance with the Building Code, this
Bylaw and other applicable enactments
and that construction
will be in accordance with the
previously approved plans.
11.19
Nothing in this Bylaw relieves the owner,
or the Certi?ed
Professional
of record for the
development, from full responsibility for ensuring that the building or structure
is in substantial
compliance with the Building Code, this Bylaw, and other applicable enactments.
11.20
Where the Building Of?cial accepts a building permit application and Letters of Assurance from
a Certi?ed
Professional for a development, the Building Of?cial will rely on the certi?cations
issued by the Certi?ed
Professional
and other registered professionals, that the drawings and
construction will meet the requirements of the Building Code.
Permit Fees and Plan Processing Fees
11.21
Every person who obtains a building
or plumbing permit
or other services shall pay the
applicable fees and charges as established in the Fees and Charges Bylaw, with a minimum
application fee.
11.22
A Plan processing fee for building a structure
as set out below shall accompany an application
made for a building permit to this Bylaw.
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11.23
11.24
a) The plan processing fee for a building or structure
with a construction value as established
in the Feesand Charges Bylaw for less than $50,000 (?fty thousand dollars) shallbe $100.00
(one hundred dollars).
b) The plan processing fee for a building or structure
with a construction value as established
in the Fees and Charges Bylaw for less than $250,000 (two hundred and ?fty thousand
dollars) shall be $200.00 (two hundred dollars).
c) The plan processing fee for a building or structure
with a construction value as established
in the Fees and Charges Bylaw for greater than $250,000 (two hundred and ?fty thousand
dollars) shall be $300.00 (three hundred dollars).
The plan processing fee is non-refundable and shall be credited against the building permit fee
when the permit is issued.
a) An application shall be cancelled, and plan processing fee forfeited if the Permit has not been
issued and the Permit fee paid within 180 days of the date of the ?rst noti?cation to the owner
that the permit is ready to be issued.
b) When an application is cancelled, the plans and related documents submitted with the
application will be subject to the District's records retention and disposition policy.
c) The owner may obtain a refund of the Permit fees set out in section 11.34 of this Bylaw, by
way of a written request,
within 6 months of the permit being issued, and before any
construction begins, except that the refund shall not include the plan-processing fee paid
pursuant to Section 11.22 of this Bylaw.
d) Where due to non-compliance with this Bylaw, more than two inspections are necessary, when
one inspection is normally required, for each inspection after the second inspection, a re-
inspection charge shall be paid prior to additional inspections being performed.
Building permit fees are based on the cost of construction which shall include, in
addition to
the general construction costs, without limitation,
a)
all mechanical, electrical, plumbing, drainage, and gas installations necessary in the carrying
out of the construction
to its completed form;
b)
all design documents, labour and fees involved in the design, investigative testing,
consulting services, construction labour and management,
even if provided by the owner,
or donated voluntarily by others, and sales taxes;
c)
contractor's pro?t and overhead;
(1) insurance; and
e)
site preparation and civil works and improvements and all associated paving, landscaping,
and underground servicing, including excavation and the use of hoisting, pile driving,
compaction or erection devices.
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11.25
The cost of construction shall be the greater of:
a)
the value declared by the owner on the application.
b)
the value of construction that would be authorized by a building permit, as determined by
the Building Of?cial utilizing an independent third-party valuation tool of construction
costs; or
c)
a cumulative total of all contracts of construction for the project at occupancy.
11.26
Plumbing permit fees shall be charged as per the Fees and Charges Bylaw, with an applicable
minimum permit fee.
Other Charges and Securities with Building Permit Application
11.27
Every applicant for a building permit that includes new site service connections shall apply
for their separate engineering permits and pay the corresponding securities to the District.
11.28
Fees for miscellaneous services related to the administration of this Bylaw and related
enactments
shall be charged at an hourly rate in accordance with the Fees and Charges Bylaw.
11.29
Every owner
shall pay a cost
recovery
amount
plus administrative fee for preparation,
registration, and discharge of any legal documents, including but not limited to, restrictive
covenants,
notice on title, encroachment agreements,
and statutory rights of ways, when the
District has incurred costs in the preparation or registration of these documents.
11.30
Where the Building Of?cial
issues an excavation or foundation permit under Section 11.8,
the owner shall deposit with the District a security in the form of cash or an irrevocable letter
of credit, against the cost of site restoration that is two times the amount that may be incurred
by the District, should the District need to perform the site restoration work.
Security Deposits
11.31
The District will return
securities collected under this Part, other than deposits against a
Works and Services Agreement, less any work or repair costs incurred, after
a)
the ?nal inspection of the related building permit; or
b)
the cancellation, expiry, or revocation of the building permit,
upon staff's con?rmation that the District's lands and assets have not been damaged or, if
damage has occurred, that it has been fully repaired, or that the work requiring the securities
amount has been satis?ed.
Permit Fee Refunds
11.32
Non-refundable fees are not eligible for refund once collected regardless of cancellation or
Withdrawal.
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Building Bylaw 2024, N0. 694
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11.33
Permit fees are not eligible for refund where:
a)
construction under permit has begun,
b)
an inspection by the Building Of?cial has been made,
c)
the permit has expired.
d)
a moving permit where the permit is issued; or
e)
the permit has been extended under section 11.49 of this part.
11.34
A permit that has been cancelled may be refunded 50% of the eligible permit fees if the
owner has cancelled the permit and the Building Official has veri?ed the construction
of
the building or structure
has not started.
Compliance with the Homeowner Protection Act
11.35
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 de?ned in that Act.
11.36
Section 11.35 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.
11.37
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.
Issuance of a Building Permit
11.38
If
a) a completed application in compliance with this Part, including all required supporting
documentation, has been submitted.
b) the owner has paid all applicable fees of this Part.
c) the owner or their agent has paid all charges and met all requirements imposed by any other
statute or District's
bylaw.
d) the owner has retained all registered professionals if required under this Bylaw; and
e) no covenant,
agreement,
resolution, or regulation of the District requires or authorizes the
permit to be withheld,
a Building Of?cial will issue the permit, in the form prescribed by the Building Of?cial, for which
District of Metchosin
Building Bylaw 2024, N0. 694
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the application is made.
11.39
Where a Building Of?cial authorizes the issuance of a building permit or plumbing permit, other
staff can administratively facilitate the issuance of such permits.
Conditions of a Building Permit
11.40
A building
permit
or an application for a building permit
that is in process may not be
transferred or assigned until the owner has noti?ed the Building Official in writing, the Building
Of?cial has authorized the transfer or assignment in writing and the owner has paid the non-
refundable fee required. The transfer or assignment of a building permit is not an extension of a
building permit.
11.41
The review of plans and supporting documents and issuance of a building permit do not prevent
the Building Of?cial
from subsequently requiring the correction of errors in the plans and
supporting documents, or from prohibiting construction
or occupancy being carried on when in
violation of this Bylaw or another bylaw.
11.42
A permit is deemed to have been issued as of the date it was signed by the Building Of?cial
0r
Plumbing Of?cial.
11.43
A Building
Of?cial
may deem construction
up to the last recorded accepted inspection or
submitted ?eld review to be work performed under a permit.
11.44
If a permit has expired or been revoked, an owner shall apply for and obtain a new building
permit prior to commencing or completing any remaining work.
11.45
If a Building Official issues a new permit pursuant
to an application under section 11.44, the
permit shall be subject to the requirements of this Bylaw, the current Building Code, and all other
applicable bylaws and enactments
as applicable.
11.46
Despite section 11.8 or 11.38, a Building Official may withhold the Building Of?cial's services
pertaining to any permit related activities under this Bylaw if the owner
or
constructor
has been noti?ed in writing by the Building Of?cial
of a Violation of this Bylaw
regarding the construction
of another building or structure
by the same owner
or constructor,
and the owner
or constructor
has not ended the Violation.
Tree Protection
11.47
The owner
must
provide verification that tree
protection measures
remain in place during
construction
for trees that are identi?ed under the permit
which require tree protection in
accordance with the Tree Management
Bylaw.
Permit Expiration
11.48
Every permit is issued on the condition that the permit expires and the rights of the owner
under the permit terminate if
District of Metchosin
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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
11.49
A Permit fee for work that was subject of the previous Permit, which expired will be based upon
the work that remains to be completed.
The Building Of?cial may extend the period set out under this section for no more than two
extensions, not to exceed twelve months for each extension, 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 Fees and Charges Bylaw has been paid.
Permit Withdrawal
and Cancellation
11.50
11.51
A building permit application may be withdrawn by the owner
prior to issuance on delivery
of written noti?cation to the Building Of?cial.
The Building Of?cial may consider an application for a permit to have been abandoned, and may
cancel the application, if:
a)
the applicant has been noti?ed that the permit is ready for issue and the applicant has not
collected the permit within 30 days of the date of the noti?cation: or
b)
the applicant has been requested in writing to provide information or documentation to complete
the application and has not done so or replied within 60 days of the date of the request.
11.52
An issued building permit may be cancelled by the owner, on delivery of the surrendered permit,
written noti?cation
of the cancellation and con?rmation
by the Building
Official
that
construction
has not commenced under the permit.
Design Modi?cation
11.53
If
an
issued
building
permit
or
other
permit
is
active
and
the
owner
proposes
modi?cation to the design, or when there are changes with any of the following:
a)
the three-dimensional shape of the building;
b)
form and character of the building;
c)
grading on site;
d)
increase in residential units by layout;
District of Metchosin
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6)
parking count;
f)
siting by a legal survey; or
g)
service connection locations,
the owner must apply for a pre--approvalof the changes and pay the District an additional review
fee as set out in the Fees and Charges Bylaw.
11.54
The owner
must accept the risk if the changes proposed in Section 11.53 are not approved, and
the construction must carry on in accordance with the approved drawings.
11.55
If there are any associated increased building permit fees or charges stemming from the changes
proposed, the owner must pay the outstanding amounts prior to requesting the ?nal inspection.
Alternative
Solutions
11.56
An owner who wishes to provide alternative
solutions to satisfy one or more of the requirements
of the Building Code or this Bylaw shall
a)
submit to the Building Of?cial suf?cient evidence to demonstrate that the proposed alternate
solutions will provide the level of performance required by the Building Code and this
Bylaw, and
b)
pay the applicable fee as set out in the Fees and Charges Bylaw.
PART 12:
ENERGY CONSERVATION
AND GHG EMISSION
REDUCTION
12.1
Subject to energy conservation or carbon reduction amendments to the Building Code,
a)
except as provided in subsection (b), a building regulated by Part 3 of the Building Code must
be designed and constructed
to meet or exceed the minimum performance requirements and
objectives speci?ed in GHG Emissions Level 4 of the Zero Carbon Step Code.
b)
a wood frame building consisting of six storeys
or less regulated by Part 3 of the Building
Code
must
be designed and constructed
to meet
or exceed the minimum performance
requirements and objectives speci?ed in GHG Emissions Level 4 of the Zero Carbon
Step
Code;
c)
a building regulated by Part 9 of the Building Code must be designed and constructed to meet
or exceed the minimum performance requirements and objectives speci?ed in GHG Emissions
Level 4 of the Zero Carbon Step Code.
12.2
The owner
of any building subject to a requirement under sections 12.1 must do the following
prior to the issuance of any occupancy permit in respect of the building:
a)
submit an energy compliance report of the completed building; and
b)
af?x one of the following home energy labels to the building in a conspicuous location, upon or
near the electrical panel:
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(i)
an EnerGuide Rating System label.
(ii)
a Passive House certi?cation.
(iii)
a Net-zero energy buildingveri?ed by a Certi?ed
Energy Advisor; or
(iv)
a comparable home energy label acceptable to the Building Of?cial.
PART 13:
PLUMBING
PERMITS
13.1
Except where approved in writing by a professional Engineer acting for the District and where the
works are installed in a statutory right of way in favour of the District, no plumbing, drainage,
sewer, sewage system, or portion thereof, shall be located on any parcel other than the parcel that
is served by such facilities.
13.2
Except as provided in subsection 13.4, a person shall not construct, extend, renew, alter, or repair a
plumbing system unless a plumbing permit
to do so has been obtained. A plumbing permit is
deemed to be issued upon acceptance of the plumbing work on site by the Plumbing Of?cial.
13.3
A Plumbing Official may only issue a plumbing permit:
a)
to a licensed plumbing contractor; or
b)
to a homeowner who shall carry out the plumbing work themselves in a single-family dwelling
owned by them as their domestic domicile,provided they have satis?ed the Plumbing Of?cial
that they are competent to perform such work.
13.3
A plumbing permit is not transferable.
13.4
Notwithstanding 13.1, a plumbing permit is not required when:
a)
a stoppage in a drainage system is cleared.
b)
a leak is repaired in a water distribution system.
c)
a ?xture is replaced without any change to the drainage system; or
d)
a replacement is made to existing faucets, service water heater, valves, pipes or ?ttings in
a water distribution system, or perimeter drains.
13.5
A person shall not cover any regulated plumbing work until a Plumbing Of?cial has approved the
work.
13.6
Prior to calling for a plumbing inspection, the owner
or licensed plumbing contractor
may be
required to submit to a Plumbing
Of?cial
an isometric drawing overlayed on the ?oor
plan
showing before the inspection:
a)
the location and size of every building drain, including every trap and cleanout ?tting on the
drain.
b)
the size and location of every soil-or--wastepipe, trap, and vent pipe; and
c)
a layout of the potable water distribution system, including pipe sizes and valves.
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13.7
13.8
13.9
13.10
13.11
13.12
Prior to the ?nal inspection the owner shall ensure that:
a)
all ?xtures and equipment have been installed and ready for use.
b)
if a ?xture has been roughed--infor future use, the outlet has been sealed with an approved
plug or cap; and
c)
all drains and vents have been completed and the system has been ?lled with water
or
pressurized air up to the roof or to the highest point of connection to an existing vent.
If a Plumbing Of?cial does not approve any part of the system after it has been inspected or tested,
the owner shall.
a)
make any alteration or replacement that is necessary, and
b)
request inspection of the corrected work.
The owner shall ensure that all connections to potable water systems are designed in compliance
with requirements for cross
connection contamination meeting Capital Regional District's
standards.
Every owner shall ensure that ?xtures discharging sewage that includes fats, oils, grease, or grit
located in public kitchens, restaurants
or any other applicable occupancy
are equipped with the
appropriate trap or interceptor in accordance with Part 7 of the Building Code.
A Plumbing
Of?cial
may authorize work to be covered or concealed without an inspection,
subsequent to a request for inspection, provided that.
a)
the request for inspection includes certi?cation that the work has been performed in compliance
with the BC Plumbing Code and any other applicable standard, and
b)
the certi?cation is provided by a licensed plumbing contractor who obtainedthe permit
and has overseen the work.
A Plumbing
Of?cial
may request
a veri?cation of a licensed plumbing contractor's work by
another licensed plumbing contractor, and the owner will be responsible forthe cost ofthe additional
inspection.
PART 14:
INSPECTIONS
14.1
14.2
If a registered professional provides letters of assurance in accordance with this Bylaw, the District
will rely solely on ?eld 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 speci?cations and that the
construction
complies with the Building Code, this Bylaw and other applicable enactments
respecting safety.
Despite section 14.1 and 14.4 of this Part, a Building Of?cial may attend the site from time to time
during construction of a complex building to check for compliance with this Bylaw.
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14.3
14.4
14.5
A Building Of?cial may attend periodically at the site of the construction of standard buildings
or structures
to ascertain whether the health and safety aspects of the work is being carried out in
substantial conformance with the Building Code, this Bylaw and any other applicable enactments
concerning safety.
The owner
or constructor
must schedule a monitor check with a Building Of?cial to verify that
?eld reviews
are being conducted by the registered
professional
at the following stages of
construction of a complex building:
a)
b)
C)
d)
upon completion of footing and foundation forms before concrete is poured;
prior to back?lling of on-site services, including damp-proo?ng and foundation insulation, and
if applicable, water line and storm sanitary sewer connections;
upon completion of below slabplumbing, above slabplumbing, waterlines, p-traps and sprinkler
system;
upon completion of framing;
upon completion of ?re stopping, ?re blocking, and ?re separations; and
upon completion of installation of insulation and vapour barrier.
For all work in respect of standard
buildings the owner must give at least 24 hours notice to the
District when requesting an inspection and must obtain an inspection and receive a Building
Of?cial's written acceptance of the following aspects of the work prior to concealing them:
a)
b)
C)
d)
e)
f)
g)
h)
j)
k)
1)
after demolition,the grading of and removal of debris from the site.
excavation, within 24 hours of the start of excavation.
foundation and footing forms, before concrete is poured.
prior to inspection under paragraph (6), plumbing located below the ?nished slab level.
the preparation of ground, including ground cover when required, perimeter insulation on inside
of concrete foundation walls and reinforcing steel.
after inspection under paragraph (e) hydronic heating pipes and below slab insulation.
installation of rough-in plumbing before it is covered.
installation of building services before being covered.
rough in of factory-built chimneys and ?replaces and solid ?rel burning appliances.
framing, sheathing, ?re stopping (including drywall in ?re separations), bracing, chimney and
ductwork, rough Wiring, rough plumbing, rough heating, gas venting, exterior doors and
windows, but prior to the installation of insulation, interior ?nishes, sheathing paper or exterior
?nishes which would conceal such work.
insulation and vapour barrier.
mid construction blower door test to verify Energy Step Code target.
District of Metchosin
Building Bylaw 2024, N0. 694
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m) construction
of an exterior deck if the deck serves as a roof.
n)
on-site constructed tubs or showers and tub or shower trap tests.
0)
the installation of wall sheathing membrane, externally applied vapour or air barrier, stucco
wire or lath, and ?ashings, but prior to the installation of exterior ?nishes which could conceal
such work; and
p)
the health and safety aspects of the work, energy conservation, GHG emission reduction and
accessibility aspects of the work when the building
or structure
is substantially complete,
ready for occupancy but prior to occupancy.
14.6
A Building Of?cial will only carry out an inspection under section 14.5 if the owner or the
constructor
has requested the inspection in accordance with this Bylaw.
14.7
Despite the requirement for the Building Of?cial's acceptance of the work outlined in section 14.5,
if a registered professional provides letters of assurance, the District will rely solely on ?eld
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 speci?cations and that the construction
complies with the Building Code, this Bylaw and other applicable enactments
respecting safety.
14.8
No person may conceal any aspect of the work referred to in section 14.5 of this Bylaw until a
Building Of?cial has accepted it in writing.
14.9
For work in respect of complex buildings, the owner
must
a)
request
a pre-construction
meeting at least 3 working days in advance with the Building
Of?cial prior to the start of construction, and the owner or their representative must ensure
that the coordinating
registered
professional,
the constructor,
registered professionals,
where applicable the Certi?ed
Professional,
as well as representatives of major trades, are in
attendance;
b)
request
a pre-occupancy
meeting at least 3 working days in advance coordinated by the
coordinating
registered
professional
or Certi?ed
Professional,
with the owner,
the
constructor
and the registered professionals for a demonstration to the Building Of?cial and
other District's
staff of compliance with the health
and safety aspects of the work, the
coordination and integration of the ?re and life safety system, applicable District requirements
and other enactments
respecting safety, energy conservation, GHG emission and accessibility
aspects of the work; and
c)
engage the coordinating registered professional or Certi?ed
Professional, at least 48 hours
prior to the pre-occupancy
coordinated site review, to deliver to the Building Official the
Con?rmation
of Required Documentation in a form prescribed by the Building Official,
complete with all documentation in hard copies and in digital format, and the record drawings
in digital format.
14.10
Prior to scheduling one of the following inspections of a standard
building, the owner shall submit
to the Building Of?cial the following documents, as applicable, for review by the Building Of?cial
pursuant to the inspection:
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a)
Forms/Foundation:
i.
Building Location Certi?cate provided by a British Columbia Land Surveyor with
elevation for top of concrete for Flood Construction Level (FCL) calculation.
ii.
Geotechnical Engineer's ?eld review for soil bearing.
iii.
Structural Engineer's ?eld review for footings.
iv.
Structural Engineer's ?eld review for foundation walls.
b)
Prior to back?lling:
i
Geotechnical Engineer's ?eld review for rock pit;
ii
Geotechnical Engineer's ?eld review for site drainage.
c)
Framing/Sheathing:
i
Structural Engineer's ?eld reviews.
ii
Sealed joist and beam layout.
iii
Sealed roof truss layout and sealed truss speci?cations.
iv
Fire Suppression Engineer's ?eld review.
v
Gas and electrical rough--incerti?cates.
d)
Final Inspection:
i
Coordinating Registered Professional Schedule C-A.
ii
All registered professional's Schedule C--B.
iii
Third party ?eld report with Schedule B and Schedule C-B for unvented roof spaces.
iv
Spray foam certi?cation.
v
Sealed drawings with Schedule B and Schedule C--Bfor manufactured guards.
vi
Third party veri?cation report for energy modelling.
vii
Mechanical ventilation checklist for all dwellings.
viii Decking membrane certi?cation.
ix
copy of electrical and gas permits and notice of completion from Technical
Safety
BC.
x
?eld reviews and assurance statement
for retaining walls.
xi
a drawing showing the location of sewer and water services from the District service
connection to the point of entry at the building, triangulated against landmarks or
permanent structures;
and
e)
any other documents as required by the Building Of?cial.
Re--Inspectionand Other Fees
14.11
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 third and each subsequent re-inspection where it has been determined by the Building
Of?cial that due to non-compliance with the provisions of this Bylaw or due to non-complying
work, more than two site visits are required for any required inspection; and
b)
inspection required under this Bylaw which cannot be carried out during the District's normal
business hours.
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PART 15:
PARTIAL
CONSTRUCTION
15.1
15.2
15.3
15.4
If a site has been only excavated under a building permit for excavation issued under this Bylaw,
and a building permit is not subsequently issued for the next phase, or a building permit has
expired under section 11.48 and without the construction of a building or structure
for which
the building permit was issued having commenced, the owner
must ?ll in the excavation
to
restore
the original gradients of the site within 60 days of being served notice by the District to
do so.
If a building permit has expired and partial construction
has progressed, with no extension
requested of the Building Of?cial under section 11.49, permanent
type fencing with privacy
screen complying with the Zoning Bylaw, must be erected around the building site for protection
to the public.
Any construction that has accepted ?eld reviews, or if the Building Of?cial has accepted the
work upon an inspection, is deemed to be valid up to that stage of construction, for consideration
of subsequent building permits to ?nish the project.
The building of?cial may request a re-veri?cation of installation soundness of the completed
work under Section 15.3 upon the re-start of the project under new permits.
PART 16:
SANITARY
FACILITIES
DURING
CONSTRUCTION
16.1
16.2
16.3
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, which facilities must be accessible and unlocked
when not occupied while work is being carried out on the parcel under this Bylaw.
Every sanitary facility referred to in Section 16.1 that is not connected to a sanitary sewer; or by
plumbing that complies with the Building Code and this Bylaw, must:
a)
be provided at all times with toilet paper, a locking door for privacy, and ventilation;and
b)
be kept in sanitary condition without leaking beyond the facility and without over?owing within
the facility.
Such facilities must be located so as not to create a nuisance to neighbouring parcels or
highways.
PART
17:
SITE GRADING AND DRAINAGE
17.1
The owner of a lot on which a building or structure
is being constructed
shall control the site
drainage such that other lots are not impacted and shall ensure that:
a)
each lot is graded to drain into a municipal drainage system or a natural watercourse
without
draining onto adjacent lots;
b)
areas adjacent to buildings are graded away from the foundations to prevent ?ooding;
c)
A lot lower than adjacent roadways is provided with storm water management
facilities to direct
storm
runoff to a drainage system
approved by the Building
Of?cial
or by the person
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designated by the Municipal Engineer; and
d)
in the case of storm runoff not directed to a municipal drainage system, storm runoff occurs to
a natural watercourse
by means of sheet ?ow only, and not by means of swales or pipes or other
arti?cial means.
PART 18:
OCCUPANCY
18.1
18.2
18.3
18.4
18.5
A building of?cial may authorize the occupancy of a building or structure
or part of a building
or structure
by issuing a ?nal inspection notice.
For a complex building, a Building Of?cial will require the owner and their coordinating
registered professional to attend a pre-occupancy
meeting prior to arranging the occupancy
demonstration.
A Building
Of?cial
may request
the owner
to re--verifythe cost of construction
prior to
requesting the pre-occupancy
meeting.
For all buildings, a ?nal inspection notice will not be issued unless:
a)
all letters of assurance have been submitted when required in accordance with this Bylaw.
b)
all aspects of the work requiring inspection and acceptance pursuant to Part 14of 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 provided a building survey prepared by a British Columbia Land Surveyor
showing the building height, size, location, and elevation determined in accordance with
the District's Zoning Bylaw.
d)
the owner has executed and delivered to the District every agreement,
instrument or form,
including landscape schedules, required by the District in relation to the work or the site.
e)
all outstanding fees, penalties and charges are paid in full.
f)
all required offsite works respecting safety have been completed; and
g)
record drawings from all disciplines of the building or structure
in digital format has been
received by staff, including a record drawing showing the installation of potable water service,
sanitary sewer service and storm drain service installations and indicating back?ll and bedding
materials for service trench, sizes and types of material and all ?ttings and references for
cleanouts triangulated to substantially permanent landmarks such as building foundations and
hydro kiosks.
When a registered
professional provides letters of assurance in accordance with this Bylaw, the
District
will rely solely on the letters of assurance
when issuing a ?nal
inspection notice
authorizing occupancy
as assurance
that the items identi?ed
on the letters of assurance
substantially comply with the design, the Building
Code, this Bylaw and other applicable
enactments
respecting safety.
District of Metchosin
Building Bylaw 2024, N0. 694
Page 39 of 47
18.6
18.7
18.8
18.9
18.10
A Building Of?cial may issue a ?nal inspection notice for 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 energy conservation; and
b)
the requirements set out in section 18.4 have been met.
A Building
Of?cial
may issue an approval for a building
shell upon completion of the
construction
on condition that a person shall not occupy the building or portions of the building
until
a)
a subsequent building permit has been obtained, and
b)
a separate ?nal inspection notice has been issued for the occupancy of the ?nished space.
A Building Of?cial may issue an approval for the occupancy of a residential complex building
where the interior ?nishing of some units is not completed, subject to:
a)
the scope of the partial occupancy is clearly presented in the ?nal inspection notice.
b)
the building meets requirements set out in Section 18.4.
c)
subsequent building permits are obtained for the un?nished units; and
d)
the un?nished units are less than 10% of the total number of units in the building.
Without limiting requirements in this Part, an occupancy permit is not issued in full unless:
a)
the ?nished grade complies with all applicable enactments.
b)
all landscaping and paving work are completed and accepted; and
c)
all ?oor areas have been issued their ?nal inspection notices.
The owner will not obtain any refunds of securities or deposits until an occupancy
permit
is issued.
PART
19:
TEMPORARY
BUILDINGS
19.1
19.2
Subject to the bylaws of the District and orders of Council,
a Building Of?cial
may issue a
building permit for the erection or placement of a temporary
building for occupancy
if
a)
the permit is for a period as speci?ed on the permit; and
b)
the temporary
building is located in compliance with the District's Zoning Bylaw, built in
compliance with the Building Code and this Bylaw, and connected, as required by enactments,
to District utility services.
An application for a building permit for the erection or placement of a temporary
building
must include, in addition to plans and documents required in other Parts of this Bylaw:
District of Metchosin
Building Bylaw 2024, N0. 694
Page 40 of 47
a)
a statement by the owner indicating the intended use and duration of the use;
b)
plans and supporting documents showing the proposed parking and loading space, if required;
c)
a written description of the project explaining why the building is temporary.
d)
a copy of an issued development permit, if required.
e)
in the case of a manufactured building, a CSA label in respect of manufacture and, without
limitation, a Quonsetor other steel building must be certi?ed in accordance with CSA Standard
A660.
f)
security in the form of cash or a letter of credit for 100% of the value of the removal of
temporary
building, which security
i. may be used by the District to remove the building after the expiry of the permit for the
temporary
building; or
ii. must be returned to the owner ifthe owner removes the temporary
building upon expiry of
the permit for the temporary
building.
19.3
Before receiving a permit for a temporary
building for occupancy,
the owner must pay to the
District the applicable fees and charges set out in Fees and Charges Bylaw.
19.4
A permit fee for a temporary
building is not refundable.
PART 20:
RETAINING
WALLS
20.1
A professional engineer with expertise in geotechnical engineering shall provide the design and
supervise the construction
of a retaining wall that requires a permit under Section 6.1, meeting
good engineering practice and applicable design guidelines, and submit sealed copies of the design
plan and ?eld review reports to a Building Of?cial prior to acceptance of the work.
20.2
Upon completion of the work, the engineer must provide an assurance
statement
indicating the
retaining wall has been constructed in compliance with the design.
PART 21:
BUILDING
RELOCATION
21.1
No person may relocate a building or structure
into or within the District:
a)
except where certi?ed by a professional engineer that the building or structure,
speci?cally
its foundation and snow load, will comply with the current Building Code;
b)
a building permit has been issued for the building or structure
previously by the District; and
c)
the building
or structure
complies with the Zoning Bylaw and other applicable bylaws
and enactments.
21.2
The owner shall provide security in the form of a certi?ed cheque or an irrevocable letter of credit
in the amount as speci?ed within Fees and Charges Bylaw to guarantee the completion of the work
District of Metchosin
Building Bylaw 2024, N0. 694
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21.3
21.4
without damages to public works when moving a building to or from the District.
The building shall comply in all aspects with the requirements of this Bylaw, including the
Building Code and Plumbing Code.
If the building to be moved is a dwelling, the assessed value thereof shall not be less than 1%
times the average assessed value of the closest ten (10) dwellings to the property to which it is
to be moved.
PART 22:
NUMBERING
OF BUILDINGS
22.1.
22.2
22.3
The District's
Chief Administrative Of?cer
or delegate may renumber or alter the assigned
numbers in respect
of any building
on any parcel,
including those already in existence or
numbered.
Without limiting sections 22.1, the Building Of?cial may, on the issuance of a building permit,
provide a house number or set of house numbers related to the building authorized by the
permit.
Without limiting sections 22.1 through 22.2, on issuance of an approval to occupy, the owner
or
occupier
of the parcel
must af?x 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.
In the event the numbers are not visible from a highway, re?ective
numbers must be erected at
the driveway access point.
PART 23:
POOLS
Swimming Pool Permit and Fencing
23.1
Without limiting section 6.1 of this Bylaw, a person must
not construct,
or structurally repair,
a pool without a valid permit.
23.2
A 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 1.5
metres and no openings greater than 100 mm at their greatest dimension, or have a lockable lid
conforming to Section 23.4.
Pool Gate
23.3
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
23.4
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.
District of Metchosin
Building Bylaw 2024, No. 694
Page 42 of 47
Maintenance
23.5
A person may not use or occupy a 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 section 23.2 to 23.4 in good order, and without limitation maintains and repairs in good order
at all times all sagging gates, loose parts, torn mesh, missing materials, worn latches, locks or
broken or binder members.
Leaks or Other Failures
23.6
A person may not obtain a permit
for or use or occupy
a pool without ?rst providing to the
Building Of?cial
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,
or if the pool is over 0.6m deep in excavation, a registered professional to ensure the excavation
is safe from collapse of the soil.
PART 24:
BUILDING
OFF ICIAL'S NOTICES
24.1
A Building Of?cial 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
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 District or the applicable provisions of the Homeowner
Protection Act.
24.2
The coordinating registered professional may request, in writing, that the Building Of?cial order
the immediate suspension or correction of all or a portion of the construction
on a complex
building by attaching a Stop Work
notice on the premises. The Building Of?cial must consider
such a request and, if not acted upon, must respond, in writing, to the coordinating
registered
professional and give reasons.
24.3
The owner
must
immediately, after the posting of a notice under section 24.1, secure
the
construction
and the lands and premises surrounding the construction in compliance with the
safety requirements of every statute, regulation or order of the province or of a provincial agency
and of every applicable bylaw of the District.
24.4
An owner may not carry out any work other than the required remedial measures
on the affected
by the notice referred to in section 24.1 until the Stop Work notice has been rescinded by the
Building Of?cial.
24.5
The Stop Work
notice referred to in Section 24.1 must remain posted on the premises until that
which is contrary to the enactments
has been remedied.
24.6
If a person occupies a building, structure,
or part of a building or structure,
prior to the issuance
of a ?nal inspection notice or occupancy permit authorizing the occupancy,
a Building Of?cial
may post a Do Not Occupy notice on the affected part of the building or structure.
24.7
If a Building Of?cial deems a building or structure
to be structurally unsafe and may endanger
the safety of its occupants
or surrounding occupants,
a Building Of?cial may post an Unsafe to
District of Metchosin
Building Bylaw 2024, N0. 694
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24.8
24.9
24.10
Occupy notice on the building or structure,
and may order the owner
to take steps necessary
to
secure the site.
The owner of a property
on which a Do Not Occupy notice or an Unsafe to Occupy notice has
been posted, and every other person,
shall cease
occupancy
of the building
or structure
immediately and shall refrain from further occupancy
until all applicable provisions of this Bylaw,
the Building Code and any other applicable bylaw have been substantially complied with, and the
Do Not Occupy notice or Unsafe to Occupy notice has been rescinded in writing by a Building
Of?cial.
Where the owner has been issued a Work Without Permit notice, the owner shall make a building
permit application within seven (7) days of the notice being posted and shall pay the additional
penalty in accordance with this Bylaw.
A Building Of?cial
may order removal of unpermitted work where there is a Work Without
Permit notice issued if:
a)
the owner fails to make a building permit application under Part 11; or
b)
if the work constructed
does not meet the requirements of this Bylaw, the Building Code, or
any other applicable bylaws.
PART 25:
OF FENCES
25.1
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 or fails to do anything required to be done under any provision of this bylaw,
commits an offence and is liable to pay
a ?ne to a maximum of $50,000.00, 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.
Ticketing
25.2
Without limiting enforcement options of the District, a ticket for an offense under this Bylaw may
be used under the Ticket Information Authorization (MTI) Bylaw and the ?ne established under
that Bylaw is applicable to the offence.
Additional Fees
25.3
A person must pay an additional fee as established in the Fees and Charges Bylaw for every permit
application if construction
commenced before the Building Of?cial issued a permit.
25.4
If a Stop Work notice is issued and the owner
or constructor
violates the Stop Work notice, the
owner
or constructor
must pay an additional fee as outlined in the Fees & Charges Bylaw.
District of Metchosin
Building Bylaw2024, No. 694
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Deemed Offence
25.5
An owner
is deemed to have knowledge of and be liable under this Bylaw in respect of any
construction
on the parcel the owner
owns, and any change in the use, occupancy
or both of a
building or structure
or part of a building or structure
on that parcel.
25.6
No person is deemed liable under Section 25.5 who establishes, on a balance of probabilities, that
the construction
or change of use or occupancy occurred before they became the owner of the
parcel.
25.7
Nothing in section 25.5 affects
a)
the District's right to require and the owner's obligation to obtain a permit; and
b)
the obligation of the owner
to comply with this Bylaw.
PART 26:
SEVERABILITY
26.1
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 27:
APPENDICES
27.1
Appendices A, B and C are attached to and form part of this Bylaw.
PART 28:
REPEAL
28.1
The Building Bylaw N0. 44, 1987 and all amendments thereto, are repealed.
Read a ?rst time this
28th
day of
October
2024.
Read a second time this
28th
day of
October
2024.
Read a third time this
28th
day of
October
2024.
ADOPTED BY COUNCIL this
4th
day of
November
2024.
Mayor
0
ate Of?cer
District of Metchosin
Building Bylaw 2024, N0. 694
Page 45 of 47
APPENDIX A
Owner's Acknowledgement of Responsibility
l. I acknowledge that ifI am granted a building permit pursuant
to this application that I am responsible for
compliance with the current
edition of the British Columbia Building Code, this Bylaw and any other
applicable enactment,
code regulation or standard relating to the work in respect of which the permit is
issued, whether or not the said work is undertaken by me or by those whom I may retain or employ to
provide design and/or construction services.
2. I acknowledge that neither the issuance of a permit under this Bylaw, the acceptance nor review of plans,
speci?cations, drawings or supporting documents, nor inspections made by or on behalf of the District of
Metchosin ("the District") constitute a representation, warranty,
assurance
or statement
that the current
edition of the British Columbia Building Code, the Building Bylaw of the District or any other applicable
enactment, code, regulation or standard has been complied with.
3. Where the District requires that Letters of Assurance be provided by a Registered Professional, I con?rm
that I have been advised in writing by the District that it relied exclusively on the Letter of Assurance of
the "Professional Design and Commitment for Field Review" prepared by:
in reviewing the plans, drawings speci?cations and supporting documents submitted for a building permit.
4. I con?rm that I have relied only on the said Registered Professional for the adequacy
of plans, drawings, speci?cations and supporting documents submitted with this application.
5. I understand that I should seek independent legal advice in respect of the
responsibilities I am assuming upon the granting of a building permit by the District.
Signed this
day of
, 20
Owner's/Agent's Signature:
Witnessed by:
Signature of Witness:
Occupation:
NOTE: If signed by an Agent, letter of Authorization from the owner must be provided with the Building
Permit Application.
District of Metchosin
Building Bylaw 2024, N0. 694
Page 46 of 47
APPENDIX B
Owner's Letter of Authorization
To whom it may concern:
Property Address:
Legal Description:
I am the owner, as de?ned in the current "Building Bylaw," of the above referenced property
and hereby authorize:
Representative/Contact:
[Print]
Tel. No.:
Cell No.:
Fax No.:
Email:
[Please check where applicable]:
To represent
me in an application for:
Building Permit Application
(If Registered Professional is involved, also use Appendix C, Owner's Undertaking)
Demolition Permit Application
Subtrade Permit
To obtain copies of:
Building Permit Plans (Archive Copies)
Owner's Information:
(Print)
Name:
Address:
Tel. No.:
Cell No.:
Fax No.:
E-mail:
Date:
Signature:
District of Metchosin
Building Bylaw 2024, N0. 694
Page 47 of 47
APPENDIX C
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 District of Metchosin ("the District") will rely on
same.
2. I con?rm that I have applied for a building permit pursuant to "District of Metchosin Building Bylaw 2024,
'
No.694, (the "Bylaw") and that I have carefully reviewed and fully understand all of the provisions of the
Bylaw and in particular, understand, acknowledge and accept the provisions describing the purpose 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.
4. I am not in any way relying on the District or its building of?cials, as de?ned under the Bylaw,
to protect the owner 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 District or its building
of?cials.
5. I hereby agree to indemnify, defend and save harmless the District and its employees, of?cials, agents and
servants from all claims, liability, judgments, costs and expenses of every kind which may result from any
acts, omissions or negligence arising from issuance of any permits or approvals or from any 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 am authorized to give these representations, warranties, assurance and indenmities to the
District.
Owner's Information:
Name:
Address:
Tel. No.:
Cell No.:
Fax No.:
Email:
This undertaking is executed by the owner this
day of
, 20