Montrose, British Columbia
· No. 633
· adopted 2005-06-20
· summary & facts
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THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #633
A BYLAW TO ESTABLISH BUILDING REGULATIONS
WHEREAS Sections 8(3) and 53 of the Community Charter authorize the Village of Montrose,
for the health, safety and protection of persons and property, to regulate buildings and oth-
er structures by Bylaw;
AND WHEREAS the Province of British Columbia, under section 692 of the Local Government
Act, has adopted a Building Code to govern standards in respect of the construction and de-
molition of buildings in municipalities and Villages in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the Building
Code;
NOW THEREFORE the Council of the Village of Montrose, in open meeting assembled, enacts
as follows:
1.0
TITLE
1.1
This Bylaw may be cited for all as the "Building Bylaw (2005-1)."
1.2
The Bylaw is divided into 25 sections and a decimal numbering system
has been used to identify its parts. The first number indicates the Sec-
tion of the Bylaw; the second, the Subsection in the Section; the third,
the Article in the Subsection; the fourth, the Sentence in the Article. A
Sentence can be further broken down into Clauses (indicated by num-
bers in brackets) as follows:
2.0
Section
2.4
Subsection
2.4.1
Article
2.4.1.3
Sentence
2.4.1.3(1)
Clause
2.0
DEFINITIONS
2.1
In this Bylaw:
The following words and terms have the meanings set out in Subsec-
tion 1.1 of the British Columbia Building Code: assembly occupancy,
building, building area, building height, business and personal services
occupancy, care or detention occupancy, constructor, coordinating reg-
istered professional, designer, farm building, field review, high hazard
industrial occupancy, industrial occupancy, low hazard industrial occu-
pancy, major occupancy, mercantile occupancy, medium hazard indus-
trial occupancy, occupancy, owner, registered professional, and resi-
dential occupancy.
Adjacent Ground Level means the level of the ground surface, both
underneath a deck, building or structure, and for a minimum of
600mm (2 ft.) beyond the outside perimeter of the deck, building or
structure.
Council means the Council of the Village of Montrose.
Building Code means the Building Regulations of British Columbia, as
amended or superseded from time to time, established pursuant to
section 692 of the Local Government Act.
Building Official includes Building Inspectors, Plan Checkers and
Plumbing Inspectors appointed, employed or contracted by the Village
to administer this Bylaw.
Complex Building means:
(a)
all buildings used for major occupancies classified as
(i)
assembly occupancy,
(ii)
care or detention occupancy,
(iii)
high hazard industrial occupancy, and
Bylaw #633
Page 2
(b)
all buildings exceeding 600 square meters (6500 sq. ft.) in
building area or exceeding three storeys in building height and
used for major occupancies classified as
(i)
residential occupancy,
(ii)
business and personal services occupancy,
(iii)
mercantile occupancy,
(iv)
medium and low hazard industrial occupancy.
Construct includes reconstruct, erect, alter, enlarge, add and remove.
Construction includes reconstruction, erection, alteration, enlarge-
ment, addition and removal.
Deck includes a sundeck and means a raised, open, unroofed plat-
form.
Dwelling Unit means a self-contained set of habitable rooms contain-
ing living quarters and kitchen and sleeping facilities designed and in-
tended for occupancy by only one family or household.
Final Inspection Report means the point at which all deficiencies in
the health and safety aspects of the work have been remedied to the
satisfaction of the building official.
Health and safety aspects of the work means design and construc-
tion regulated by Part 3, Part 4, Part 7 and Subsections 9.4, 9.8, 9.9,
9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25,
9.31, 9.32, and 9.34 of Part 9 of the Building Code.
Lot means the smallest unit in which land is designated as a separate
and distinct parcel on a legally recorded subdivision plan or description
filed in the Land Title Office.
Manufactured Home means a building that is manufactured in a fac-
tory for transport, assembly, and completion as a residence, including
placement on a foundation, and is certified as being constructed to the
requirements of the CSA National Standard CAN/CSA-Z240 or A277
but is not designed to be transported on its own wheels or undercar-
riage.
Modular Home means a detached dwelling unit conforming to the
CAN/CSA A277-90 standard which is completely constructed in a facto-
ry but is not designed to be transported on its own wheels or under-
carriage.
Open pole-type structure means a building or structure designed to
be free standing and without a perimeter foundation or walls and in-
tended to be used for sheltering the storage of hay or feed.
Owner means the registered owner in fee simple of real property for
which a permit is applied for or issued under this Bylaw.
Permit means a permit required by or issued under this Bylaw.
Plumbing System means a drainage, venting, fire protection or water
system, or any part thereof.
Pool means a constructed or prefabricated pool, existing or prospec-
tive, situated wholly or in part above or below the adjacent ground lev-
el, used primarily for swimming, bathing or wading, having a surface
water area greater than 15 square meters (160 sq. ft.), or a depth
greater than 600 mm. (2 ft.) and which does not fall under the juris-
diction of the Health Act for pools.
Pool area means the enclosed area around the perimeter of a pool to
a maximum of 15 meters (50ft.) from the edge of the water surface.
Recreational Vehicle means a vehicle, trailer, Park Model trailer,
coach, house car, structure or conveyance designed to travel or to be
transported on the highway and constructed or equipped to be used as
a temporary living or sleeping quarters.
Village means Village of Montrose.
Bylaw #633
Page 3
Standard building means a building of three storeys or less in build-
ing height, having a building area not exceeding 600 square meters
(6500 sq ft) and used for major occupancies classified as
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies.
Structure means a construction or portion thereof of any kind,
whether fixed to, supported by or sunk into land, but specifically ex-
cludes landscaping, fences, paving and retaining structures less than
1.5m (5ft.) in height.
Temporary Building means a building or any part thereof that will be
used for a period of time, not exceeding two years, and that has no
permanent foundation or construction associated with it, other than
footings.
3.0
PURPOSE OF THIS BYLAW
3.1
This Bylaw shall, notwithstanding any other provision herein, be inter-
preted in accordance with this section
3.2
This Bylaw has been enacted for the purpose of regulating construction
within the Village in the general public interest. The activities under-
taken by or on behalf of the Village pursuant to this Bylaw are for the
sole purpose of providing a limited and interim spot checking function
for reason of health, safety and the protection of persons and proper-
ty. It is not contemplated nor intended, nor does the purpose of this
Bylaw extend to
3.2.1 the protection of owners, owner/builders or constructors from
economic loss;
3.2.2 the assumption by the Village or any building official of any re-
sponsibility for ensuring the compliance with the Building Code,
the requirements of this Bylaw or other applicable enactments
respecting safety by any owner or any employees, constructors
or designers retained by the owner or his or her representa-
tives;
3.2.3 providing any person with a warranty of design or workmanship
with respect to any building or structure or plumbing system for
which a building permit is issued under this Bylaw;
3.2.4 providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the Village is free from
latent, or any defects.
3.2.5 providing a warranty to any person that construction is in com-
pliance with the Building Code, this Bylaw or any other enact-
ment with respect to a building or structure for which a permit is
issued under this Bylaw.
4.0
PERMIT CONDITIONS
4.1
No person shall undertake work regulated by this Bylaw without a per-
mit.
4.2
Neither the issuance of a permit under this Bylaw nor the acceptance
or review of plans, drawings or supporting documents, nor any inspec-
tions made by or on behalf of the Village shall in any way relieve the
owner or his or her representative from full and sole responsibility to
perform the work in strict accordance with this Bylaw, the Building
Code and other applicable enactments respecting safety.
4.3
It is the full and sole responsibility of the owner (and where the owner
is acting through a representative, the representative) to carry out the
work, in respect of which a permit is issued under this Bylaw, in com-
pliance with the Building Code, this Bylaw and other applicable enact-
ments respecting safety.
Bylaw #633
Page 4
4.4
The
4.4.1 issuance of a permit under this Bylaw,
4.4.2 acceptance or review of plans, drawings, specifications or sup-
porting documents, or
4.4.3 making of one or more inspections by or on behalf of the Village,
does not constitute in any way a representation, warranty, as-
surance or statement that the Building Code, this Bylaw or other
applicable enactments respecting safety have been complied
with.
4.5
No person shall rely upon any permit as establishing compliance with
this Bylaw or assume or conclude that this Bylaw has been adminis-
tered or enforced according to its terms. The person to whom the
building permit is issued is responsible for making such determination.
4.6
An owner of the property for which a permit is issued must conform to
all requirements of this Bylaw and all other enactments and Village by-
laws applicable to the work for which the permit is issued.
5.0
SCOPE AND EXEMPTIONS
5.1
This Bylaw applies to
5.1.1 all farm buildings on land assessed as farm status by the B.C.
Assessment Authority, except for the following:
5.1.1.1
open pole-type structures;
5.1.1.2
one-story buildings less than 40 sq. m (430 sq. ft.)
in area used for agricultural or horticultural pur-
poses;
5.1.1.3
grain bins or silos;
5.1.2 the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, re-
moval, relocation, occupancy and change of occupancy of exist-
ing buildings and structures;
5.1.3 the installation of a new or used solid fuel burning appliance,
certified by a recognized agency;
5.1.4 a newly installed new metal chimney certified by a recognized
agency;
5.1.5 a newly constructed masonry chimney.
5.2
This Bylaw does not apply to
5.2.1 buildings or structures exempted by Part 1 of the Building Code
except as expressly provided herein;
5.2.2 retaining structures less than 1.5 meters (5 ft.) in height;
5.2.3 decks without roofs having a difference in elevation to grade not
exceeding 600 millimeters (2ft.);
5.2.4 existing metal or masonry chimneys;
5.2.5 alterations or repairs of masonry chimneys or fireplaces, solid
fuel-burning appliances, factory built chimneys or fireplaces and
related equipment;
5.2.6 the repair or replacement of a valve, faucet, fixture or sprinkler
head in a plumbing system if no change in piping is required;
5.2.7 recreational vehicles used for temporary accommodation for
recreation or vacation purposes only;
5.2.8 construction that is regulated under a Residential Rehabilitation
Assistance Program;
5.2.9 structures, such as greenhouses and seasonal storage facilities,
that are constructed of a wood, steel or plastic frame covered
Bylaw #633
Page 5
with sheet polyethylene, fabric, tarps or glass that are less than
28 square meters (300 sq. ft.) that are intended to be used
temporarily on a seasonal basis and may be removed during the
off season.
6.0
PROHIBITIONS
6.1
No person shall commence or continue any construction, alteration, re-
construction, demolition, removal, relocation or change the occupancy
of any building, structure or plumbing system or other work related to
construction unless a building official has issued a valid and subsisting
permit for the work.
6.2
No person shall occupy or use any building or structure until a final in-
spection report has been issued by a building official for the building or
structure, or contrary to the terms of any permit issued or any notice
given by a building official.
6.3
No person shall knowingly submit false or misleading information to a
building official in relation to any permit application or construction un-
dertaken pursuant to this Bylaw.
6.4
No person shall, unless authorized by a building official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit or
certificate posted upon or affixed to a building or structure pursuant to
this Bylaw.
6.5
No person shall 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 a building official has accepted
that variance.
6.6
No person shall obstruct the entry on property of a building official or
other authorized official of the Village in the administration of this By-
law.
7.0
BUILDING OFFICIALS
7.1
A building official may
7.1.1 administer this Bylaw;
7.1.2 keep records of permit applications, permits, notices and orders
issued, inspections and tests made, and retain copies of all doc-
uments related to the administration of this Bylaw or make mi-
crofilm or digital copies of such documents; and
7.1.3 establish, if requested to do so, whether the methods or types
of construction and types of materials used in the construction
of a building or structure for which a permit is sought under this
Bylaw substantially conform to the requirements of the Building
Code.
7.2
A building official
7.2.1 may enter any land, building, structure, or premises at any rea-
sonable time for the purpose of ascertaining that the terms of
this Bylaw are being observed;
7.2.2 where any residence is occupied, shall obtain the consent of the
occupant or provide written notice to the occupant 24 hours in
advance of entry; and
7.2.3 shall carry proper credentials confirming the official's status as a
Village building official.
7.3
A building official may order the suspension or correction of any work
that contravenes the Building Code or this Bylaw, if the contravention
is revealed to the building official on a visual inspection made during
the course of caring out that official's duties. For the purpose of this
subsection, the building official is not obliged to require any work to be
uncovered or removed in order to determine if there is a contraven-
tion.
8.0
APPLICATIONS
8.1
Unless the work is exempted under Section of this Bylaw, every per-
son must apply for and obtain from the Village a
8.1.1 building permit before constructing or altering a building or
Bylaw #633
Page 6
structure;
8.1.2 building permit before installation of a Manufactured Home or
Modular Home;
8.1.3 plumbing permit before installation, alteration or remodeling of
any plumbing is undertaken;
8.1.4 building permit before installation of a pool;
8.1.5 building permit before new roofing materials are applied to re-
place the existing roofing material;
8.1.6 building permit before moving a building or structure;
8.1.7 building permit before demolition of all residential buildings and
all other buildings in excess of 300 meters squared (3330 sq.
ft.);
8.1.8 building permit prior to the construction, alteration or installa-
tion of a masonry fireplace or the installation of a wood burning
appliance or chimney;
8.2
Applications made for building permits and all other permits issued un-
der this Bylaw must be in a form acceptable to the Village.
8.3
All plans submitted with permit applications must bear the name and
address of the designer of the building or structure.
8.4
For each building, structure or plumbing system to be constructed on a
site, the owner must obtain a separate building permit and be as-
sessed a separate building permit fee based on the value of that build-
ing or structure as determined in accordance with Schedule "A" to this
Bylaw.
9.0
APPLICATIONS FOR COMPLEX BUILDINGS
9.1
An application for a building permit with respect to a complex building
must
9.1.1 be made in the form provided by the Village and signed by the
owner making the application or a signing officer if the owner is
a corporation;
9.1.2 be accompanied by the owner's acknowledgment of responsibili-
ty and undertakings made in a form acceptable to the Village,
signed by the owner, or a signing officer if the owner is a corpo-
ration;
9.1.3 include a copy of a title search, accompanied by referenced
covenants, made within 7 days of the date of the application;
9.1.4 state the intended use of the building;
9.1.5 include a site plan prepared by a British Columbia Land Surveyor
or by a registered professional showing
9.1.5.1
the bearing and dimensions of the parcel taken
from the registered subdivision plan;
9.1.5.2
the legal description and civic address of the par-
cel;
9.1.5.3
the location and dimensions of all statutory rights
of way, easements and setback requirements
when required by the building official;
9.1.5.4
the location and dimensions of all existing and pro-
posed buildings or structures on the parcel;
9.1.5.5
setbacks to the natural boundary of any lake,
swamp, pond or watercourse where the Village's
land use regulations establish siting requirements
related to flooding;
9.1.5.6
the existing and finished ground levels to an es-
Bylaw #633
Page 7
tablished datum at or adjacent to the site and the
geodetic elevation of the underside of the floor
system of a building or structure where the Vil-
lage's land use regulations establish siting require-
ments related to minimum floor elevation; and
9.1.5.7
the location, dimension and gradient of parking
and driveway access;
unless a building official has waived the requirement for a site
plan, in whole or in part, in the circumstance where the permit is
sought for the repair or alteration of an existing building or
structure;
9.1.6 contain sufficient information on building plans to determine
compliance with this Bylaw, such as
9.1.6.1
floor plans showing
(i)
the dimensions and uses of all areas,
(ii)
the location, size and swing of doors,
(iii)
the location, size and opening of windows,
(iv)
floor, wall, and ceiling finishes,
(v)
plumbing fixtures,
(vi)
structural elements, and
(vii)
stair dimensions;
9.1.6.2
a cross section through the building or structure il-
lustrating foundations, drainage, ceiling heights
and construction systems;
9.1.6.3
elevations of all sides of the building or structure
showing finish details, roof slopes, windows,
doors, and finished grade;
9.1.6.4
cross-sectional details drawn at an appropriate
scale and at sufficient locations to illustrate that
the building or structure substantially conforms to
the Building Code;
9.1.6.5
copies of approvals, including, without limitation,
highway access permits when required by the Min-
istry of Highways and Ministry of Health applica-
tion approval;
9.1.6.6
letters of assurance in the form of Schedule "A" as
referred to in Section 2.6 of Part 2 of the Building
Code, signed by the owner, or a signing officer of
the owner if the owner is a corporation, and the
coordinating registered professional.
9.1.6.7
letters of assurance in the form of Schedules B-1
and B-2 as referred to in Section 2.6 of Part 2 of
the Building Code, each signed by such registered
professionals as the building official or Building
Code may require to prepare the design for and
conduct field reviews of the construction of the
building or structure;
9.1.6.8
two sets of drawings at a suitable scale of the de-
sign prepared by each registered professional and
including the information set out in Sentences -
of this Bylaw.
9.2
In addition to the requirements of Subsection , the following may be
required by a building official to be submitted with a building permit
application for the construction of a complex building where the com-
plexity of the proposed building or structure or siting circumstances
warrant:
9.2.1 site servicing drawings, including sufficient detail of off-site ser-
vices to indicate locations at the property line, prepared and
Bylaw #633
Page 8
sealed by a registered professional;
9.2.2 a section through the site showing grades, buildings, structures,
parking areas and driveways;
9.2.3 any other information required by the building official or the
Building Code to establish substantial compliance with this By-
law, the Building Code and other bylaws and enactments relat-
ing to the building or structure.
10.0 APPLICATIONS FOR STANDARD BUILDINGS
10.1
When required by the building official, an application for a building per-
mit with respect to a standard building must
10.1.1be made on the form provided by the Village and signed by the
owner making the application, or a signing officer if the owner is
a corporation;
10.1.2be accompanied by the owner's acknowledgment of responsibili-
ty and undertakings made in a form acceptable to the Village,
signed by the owner, or a signing officer if the owner is a corpo-
ration;
10.1.3include a copy of a title search, accompanied by referenced
covenants, made within 7 days of the date of the application;
10.1.4state the intended use of the building;
10.1.5include a site plan showing
10.1.5.1 the bearing and dimensions of the parcel
taken from the registered subdivision plan;
10.1.5.2 the legal description and civic address of
the parcel;
10.1.5.3 the location and dimensions of all statutory
rights of way, easements and setback re-
quirements when required by the building
official;
10.1.5.4 the location and dimensions of all existing
and proposed buildings or structures on the
parcel;
10.1.5.5 setbacks to the natural boundary of any
lake, swamp, pond or watercourse where
the Village's land use regulations establish
siting requirements related to flooding;
10.1.5.6 the existing and finished ground levels to
an established datum at or adjacent to the
site and the geodetic elevation of the un-
derside of the floor system of a building or
structure where the Village's land use regu-
lations establish siting requirements related
to minimum floor elevation; and
10.1.5.7 the location, dimension and gradient of
parking;
unless a building official has waived the requirements for a site
plan, in whole or in part, in circumstances where the permit is
sought for the repair or alteration of an existing building or
structure.
10.1.6contain sufficient information on building plans to determine
compliance with this Bylaw, such as
10.1.6.1
floor plans showing
(i)
the dimensions and uses of all areas;
(ii)
the dimensions and height of crawl and roof
spaces;
Bylaw #633
Page 9
(iii) the location, size and swing of doors;
(iv) the location, size and opening of windows;
(v)
floor, wall, and ceiling finishes;
(vi) plumbing fixtures; structural elements; and
(vii) stair dimensions;
10.1.6.2 a cross section through the building or structure il-
lustrating foundations, drainage, ceiling heights and
construction systems;
10.1.6.3 elevations of all sides of the building or structure
showing finish details, roof slopes, windows, doors,
and finished grade;
10.1.6.4 cross-sectional details drawn at an appropriate scale
and at sufficient locations to illustrate that the build-
ing or structure substantially conforms to the Build-
ing Code;
10.1.6.5 copies of approvals including, without limitation,
highway access permits, when required by the Min-
istry of Highways, and Ministry of Health application
approval;
10.1.6.6 a foundation design prepared by a registered profes-
sional in accordance with Section 4.2 of Part 4 of the
Building Code, accompanied by letters of assurance
in the form of Schedules B-1 and B-2 as referred to
in Section 2.6 of Part 2 of the Building Code, signed
by the registered professional; and
10.1.6.7 two sets of drawings at a suitable scale of the design
including the information set out in Sentences - of
this Bylaw.
10.1.7The requirements of Sentence may be waived by a building offi-
cial in circumstances where the building official has required a
professional engineer's report and the building permit is issued
in accordance with Section 56(1) of the Community Charter.
10.1.8The requirements of Sentence may be waived by a building offi-
cial if documentation, prepared and sealed by a registered pro-
fessional, is provided assuring that the foundation design sub-
stantially complies with Subsection 9.4.4 of Part 9 of the Build-
ing Code and the foundation excavation substantially complies
with Section 9.12 of Part 9 of the Building Code.
10.2
In addition to the requirements of Subsection , the following may be
required by a building official to be submitted with a building permit
application for the construction of a standard building where the
project involves two or more buildings, which in the aggregate total
more than 1000 square meters, or two or more buildings that will con-
tain four or more dwelling units, or otherwise where the complexity of
the proposed building or structure or siting circumstances warrant:
10.2.1site servicing drawings, including sufficient detail of off-site ser-
vices to indicate locations at the property line, prepared and
sealed by a registered professional;
10.2.2a section through the site showing grades, buildings, structures,
parking areas and driveways ;
10.2.3a roof plan and roof height calculations;
10.2.4structural, electrical, mechanical, plumbing or fire suppression
drawings prepared and sealed by a registered professional;
10.2.5letters of assurance in the form of Schedules B-1 and B-2 as re-
ferred to in Section 2.6 of Part 2 of the Building Code, signed by
a registered professional;
10.2.6any other information required by the building official or the
Bylaw #633
Page 10
Building Code to establish substantial compliance with this By-
law, the Building Code and other Bylaws and enactments relat-
ing to the building or structure.
11.0 PROFESSIONAL PLAN CERTIFICATION
11.1
The letters of assurance in the form of Schedules B-1 and B-2 referred
in Section 2.6 of Part 2 of the Building Code and provided pursuant to
Sentences and , Article , and Subsection of this Bylaw are relied upon
by the Village and its building officials as certification that the design
and plans to which the letters of assurance relate comply with the
Building Code and other applicable enactments relating to safety of the
building.
11.2
A building permit issued for the construction of a complex building, or
for a standard building for which a building official required profession-
al design pursuant to Article and letters of assurance pursuant to Arti-
cle and sentence of this Bylaw must be in a form acceptable to the
Village.
11.3
A building permit issued pursuant to Subsection of this Bylaw must in-
clude a notice to the owner that the building permit is issued in re-
liance upon the certification of the registered professionals that the de-
sign and plans submitted in support of the application for the building
permit comply with the Building Code and other applicable enactments
relating to safety.
11.4
When a building permit is issued in accordance with Subsection of this
Bylaw the permit fee must be reduced by 5% of the fees payable, up
to a maximum reduction of $500.00 (five hundred dollars).
12.0 FEES AND CHARGES
12.1
In addition to applicable fees and charges required under other Bylaws,
a permit fee, calculated in accordance with Schedule "A" to this Bylaw,
must be paid in full prior to issuance of any permit under this Bylaw.
12.2
An application made for a building permit must be accompanied by the
appropriate plan-check deposit fee prescribed in Schedule "A" to this
Bylaw, which is non-refundable and must be credited against the build-
ing permit fee when the permit is issued.
12.3
When an application is cancelled the plans and related documents sub-
mitted with the application may be destroyed.
12.4
The owner may obtain a refund of the building permit fees paid as pre-
scribed in Schedule "A" to this Bylaw.
12.5
Where, due to non-compliance with this Bylaw, more than two inspec-
tions are necessary when one inspection is normally required, for each
inspection after the second inspection, a re-inspection charge as pre-
scribed in Schedule "A" to this Bylaw must be paid prior to each addi-
tional inspection being performed.
13.0 BUILDING PERMITS
13.1
When
13.1.1a completed application including all required supporting docu-
mentation has been submitted;
13.1.2the owner or his or her representative has paid all applicable
fees set out in Subsection of this Bylaw;
13.1.3the owner or his or her representative has paid all charges and
met all requirements imposed by any other enactment or bylaw;
and
13.1.4no covenant, agreement, or regulation in favor of the Village, or
bylaw of the Village or other enactment authorizes the permit to
be withheld;
a building official must issue the permit for which the application is
Bylaw #633
Page 11
made.
13.2
When the application is in respect of a building that includes, or will in-
clude, a residential occupancy, the building permit must not be issued
unless the owner provides evidence pursuant to section 30 (1) of the
Homeowner Protection Act that the proposed building
13.2.1is covered by home warranty insurance, and
13.2.2the constructor is a licensed residential builder.
13.3
Subsection of this Bylaw does not apply if the owner or constructor is
not required to be licensed and to obtain home warranty insurance in
accordance with Sections 20 (1) or 30 (1) of the Homeowner Protec-
tion Act.
13.4
Every permit is issued upon the condition that the permit shall expire
and the rights of the owner under the permit shall terminate if
13.4.1the work authorized by the permit is not commenced within 6
months from the date of issuance of the permit;
13.4.2the work is discontinued for a period of 12 (twelve) months; or
13.4.3the work is not completed within 36 months (3 years) from the
date of issuance of the permit.
13.5
A building official may, upon termination or expiration of the period of
time in Article , grant a renewal of the permit for a further 36 month
(3-year) period if satisfied that the construction is progressing at a
reasonable rate of progress, providing that the renewal fee in the
amount of the minimum permit fee is paid. Should construction, grant-
ed under the renewal permit, not be completed within 36 months, the
permit shall terminate and the owner will be required to apply for a
new permit. The building official will calculate the fee proportionate to
the completion of the construction from the last recorded inspection. A
construction value will be assessed and a permit fee calculated in ac-
cordance with Schedule "A" to this Bylaw.
13.6
A building official may extend the period of time set out under Articles
and where construction has not commenced or where construction
has been discontinued due to adverse weather, strikes, material or la-
bor shortages, or similar hardship beyond the owner's control.
13.7
A building official may issue a building permit for a portion of a building
or structure before the design, plans and specifications for the entire
building or structure have been accepted, provided sufficient informa-
tion has been provided to the Village to demonstrate to the building of-
ficial that the portion authorized to be constructed substantially com-
plies with this and other applicable Bylaws and the permit fee applica-
ble to that portion of the building or structure has been paid. The is-
suance of the permit notwithstanding, the requirements of this Bylaw
apply to the remainder of the building or structure as if the permit for
the portion of the building or structure referred to in the previous sen-
tence had not been issued.
14.0 DISCLAIMER OF WARRANTY OR REPRESENTATION
14.1
Neither the issuance of a permit under this Bylaw, the review and ac-
ceptance of the design, drawings, plans or specifications, nor inspec-
tions made by a building official, shall constitute a representation or
warranty that the Building Code or the Bylaw have been complied with
or the building or structure meets any standard of materials or work-
manship, and no person shall rely on any of those acts as establishing
compliance with the Building Code or this Bylaw or any standard of
construction.
15.0 CLIMATIC AND GEOLOGICAL DATA
15.1
Climatic data for the design of buildings in the Village are
deemed to be:
Bylaw #633
Page 12
DESIGN TEMPERATURE
January
2.5% design temperature
-17°C
January
1% design temperature
-20°C
July
2.5% dry bulb temperature
32°C
July
2.5% wet bulb temperature
20°C
Degree days below 18°C
3,700
PRECIPITATION
Fifteen (15) minute rain
10mm
One day rain
50mm
MAXIMUM GROUND SNOWLOAD
Ground Snow Load, Kpa
Ss 3.7
Ground Snow Load, Kpa
Sr 0.1
HOURLY WIND PRESSURES
1/10 kPa
0.22
1/30 kPa
0.30
1/100 kPa
0.41
SEISMIC DATA
Zone Acceleration
1.00
Zone Velocity
1.00
Zoned Velocity Ratio (V)
0.05
16.0 PROFESSIONAL DESIGN AND FIELD REVIEW
16.1
When a building official considers that the site conditions, size or com-
plexity of a development or an aspect of a development warrant, he or
she may require that a registered professional provide design and plan
certification and field review by means of letters of assurance in the
form of Schedules B-1, B-2 and C-B referred to in Section 2.6 of Part 2
of the Building Code.
16.2
Prior to the issuance of a final inspection report for a complex building,
or standard building in circumstances where letters of assurance have
been required in accordance with Sentences and , Article or Subsec-
tion 16.1 of this Bylaw, the owner must provide the Village with letters
of assurance in the form of Schedules C-A or C-B, as is appropriate,
referred to in Section 2.6 of Part 2 of the Building Code.
16.3
When a registered professional provides letters of assurance in accor-
dance with Sentences , , Article , or Subsections or of this Bylaw, the
registered professional must also provide proof of professional liability
insurance/errors and omissions to the building official in a form accept-
able to the Village.
17.0 RESPONSIBILITIES OF THE OWNER
17.1
Every owner must ensure that all construction complies with the Build-
ing Code, this Bylaw and other applicable enactments respecting safe-
ty.
17.2
Every owner to whom a permit is issued must, during construction,
17.2.1post and maintain the permit in a conspicuous place on the
property in respect of which the permit was issued;
17.2.2keep a copy of the accepted designs, plans and specifications on
the property; and
17.2.3post the civic address on the property in a location visible
from any adjoining streets.
18.0 INSPECTIONS
18.1
When a registered professional provides letters of assurance in accor-
dance with Sentences , , Article , or Subsections or of this Bylaw, the
Bylaw #633
Page 13
Village will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this
Bylaw as assurance that the construction substantially conforms to the
design and that the construction substantially complies with the Build-
ing Code, this Bylaw and other applicable enactments respecting safe-
ty.
18.2
Notwithstanding Subsection of this Bylaw, a building official may at-
tend the site from time to time during the course of construction to as-
certain that the field reviews are taking place and to monitor the field
reviews undertaken by the registered professionals.
18.3
A building official 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 are being carried out in substantial confor-
mance with the those portions of the Building Code, this Bylaw and any
other applicable enactment concerning safety.
18.4
The owner or his or her representative shall give at least 72 hours' no-
tice to the Village when requesting an inspection and shall obtain an
inspection and receive a building official's acceptance of the following
aspects of the work prior to concealing it:
18.4.1
DAMP PROOFING AND DRAIN TILES: After removal of form-
work from a concrete foundation and installation of perimeter
drain tiles and damp proofing but PRIOR to backfilling. The
building setbacks from property lines will be confirmed at this
time.
18.4.2
PLUMBING: After the ground work has been completed, but
PRIOR to backfilling. Testing may be required at this point.
18.4.3
FRAMING: When framing, sheathing and roofing of the build-
ing are complete but before any insulation, lath or other interi-
or or exterior finish is applied which could conceal such work;
18.4.4
MASONRY FIREPLACE:
18.4.4.1 First Inspection: Installation of first flue liner above
smoke chamber.
18.4.4.2 Second Inspection: Chimney cap, but PRIOR to in-
stalling.
18.4.5
SOLID FUEL BURNING APPLIANCE: When the appliance and
the chimney are installed, but PRIOR to using. The chimney
must not be concealed for inspection purposes.
18.4.6
INSULATION: After all insulation and vapor barriers are in-
stalled but PRIOR to covering same.
18.4.7
FINAL: When the building or portion thereof is completed and
ready for occupancy but PRIOR to occupancy thereof.
18.5
No aspect of the work referred in Subsection 18.4 of this Bylaw may be
concealed until a building official has accepted it in writing.
18.6
The requirements of Subsection of this Bylaw do not apply to any as-
pect of the work that is the subject of a registered professional's letter
of assurance provided in accordance with Sentences , , Article , and
Subsection or of this Bylaw.
19.0 FINAL INSPECTION REPORT
19.1
No person may occupy a building or structure or part of a building or
structure until a final inspection report has been issued in a form ac-
ceptable to the Village.
19.2
A final inspection report must not be issued unless
19.2.1all letters of assurance have been submitted when required in
accordance with Sentences , , Article , and Subsection or of
this Bylaw.
Bylaw #633
Page 14
19.2.2all aspects of the work requiring inspection and acceptance pur-
suant to Subsection of this Bylaw have been inspected and ac-
cepted or the inspections and acceptance are not required in ac-
cordance with Subsection of this Bylaw.
19.3
A building official may issue a final inspection report for part of a build-
ing or structure when the part of the building or structure is self-con-
tained, provided with essential services and the requirements set out
in Subsection of this Bylaw have been met with respect to it.
20.0 POOLS
20.1
No person may commence or continue any work related to the installa-
tion, construction and alteration of a pool unless a valid building permit
has been obtained pursuant to this Bylaw.
20.2
An exterior pool area must be enclosed within a fence of not less than
1.5 meters (5 ft.) in height. The fence must be designed and con-
structed so that no member, attachment or opening will facilitate
climbing. All openings through the fence must be of a size as to pre-
vent the passage of a spherical object having a diameter of 100 mm.
(4 inches). Access through the fence enclosing the pool must be
equipped with a self-closing gate so designed as to cause the gate to
return to a closed position when not in use. The self-latching device
must be located on the pool side of the fence at a height of at least 1.0
meters (3 ft 3 inches) above grade or on the outside of the fence at
1.4 meters (4 ft 7 inches) above grade.
20.3
Despite subsection , standard chain link wire mesh may be acceptable
provided that the fence is not less than 1.5 meters (5 ft.) in height.
20.4
Each owner or occupier of property on which a pool is located must
maintain a fence required under this section in good order. All sagging
gates, loose parts, torn mesh or missing material, worn latches, locks
or broken or binding members must be promptly replaced or repaired.
20.5
Public swimming pools and spas require Ministry of Health approval
prior to issuance of building permits.
21.0 RETAINING STRUCTURES
21.1
A registered professional must undertake the design and conduct field
reviews of the construction of a retaining structure greater than 1.5
meters (5 ft.) in height. Sealed copies of the design plan and field re-
view reports prepared by the registered professional for all retaining
structures greater than 1.5 meters (5 ft.) in height shall be submitted
to a building official prior to acceptance of the works.
22.0 PENALTIES AND ENFORCEMENT
22.1
A person who contravenes a provision of this Bylaw commits an of-
fence and is liable on conviction to a fine of not less than $100.00 (One
Hundred Dollars) and not more than the maximum penalty prescribed
by law.
22.2
A person who fails to comply with any order or notice issued by a
building official, or who allows a violation of this Bylaw to continue,
contravenes this Bylaw.
22.3
A person who commences construction prior to obtaining a permit as
required by this Bylaw, shall pay an additional permit fee as prescribed
in Schedule "A" to this Bylaw and this additional fee shall not exceed
$500.00. For the purposes of this subsection, construction shall be
deemed to have commenced when a building has been moved to its
new location, or the concrete footings have been poured, or equivalent
work is in place when other building systems are used.
22.4
A building official may order the cessation of any work that is proceed-
ing in contravention of the Building Code or this Bylaw by posting a
Stop Work notice on the building or structure in a form acceptable to
the Village.
Bylaw #633
Page 15
22.5
The owner of property on which a Stop Work notice has been posted,
and every other person, must cease all construction work immediately
and shall not do any work until all applicable provisions of the Building
Code and this Bylaw have been substantially complied with and the
Stop Work notice has been rescinded in writing by a building official.
22.6
Where a person occupies a building or structure or part of a building or
structure in contravention of Subsection 6.2 of this Bylaw, a building
official may post a Do Not Occupy notice in a form acceptable to the
Village on the affected part of the building or structure.
22.7
The owner of property on which a Do Not Occupy notice has been
posted, and every person, must cease occupancy of the building or
structure immediately and must refrain from further occupancy until all
applicable provisions of the Building Code and this Bylaw have been
substantially complied with and the Do Not Occupy notice has been re-
scinded in writing by a building official.
23.0 SEVERABILITY AND APPLICATION
23.1
The provisions of this Bylaw are severable and the invalidity of any
part of this Bylaw shall not affect the validity of the remainder of this
Bylaw.
23.2
This Bylaw shall apply to all areas of the Village of Montrose.
24.0 TRANSITION
24.1
This Bylaw shall not affect the right of an owner under a permit issued
prior to the coming into force of this Bylaw, provided the owner has
commenced work within six (6) months of the date of issuance of the
permit and has actively and continuously carried out work thereafter
according to this Bylaw.
25.0 ENACTMENT AND REPEAL
25.1
This Bylaw shall come into full force and effect upon its final passage
and adoption.
25.2
Bylaws #604 and #632 are hereby repealed.
READ A FIRST TIME
this 6th day of June, 2005
READ A SECOND TIME
this 6th day of June, 2005
READ A THIRD TIME
this 6th day of June, 2005
RECONSIDERED AND FINALLY ADOPTED
this 20th day of June, 2005
_________________________
_________________________
Mayor
Clerk
I certify this to be a true copy of Bylaw #633 as adopted.
_________________________
Clerk
Bylaw #633
Page 16
THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #633
SCHEDULE "A"
The schedule of fees to be charged for the issuance of a permit under this Bylaw shall be as
follows:
A.
Minimum Fee
The minimum fee for any permit issued pursuant to this Bylaw shall be fifty dollars
($50.00).
B.
Declared or Assessed Value
The permit fee for the construction, reconstruction, addition, extension, alteration or repair
of a building, or for any other work for which a permit is required pursuant to this Bylaw and
for which no specific fee is listed, shall be eight dollars ($8.00) for each $1,000 or portion
thereof of the value of work to be performed under the authority of the permit.
The fee for each plumbing fixture, which includes all traps and hot water tanks, shall be:
a) Per fixture when issued in conjunction with a Building Permit
$
10.00
b) Additional flat fee when issued separately from a Building Permit
$
75.00
C.
Non-Refundable Application Fee
Subject to section 6 of this Bylaw Schedule, every permit application shall include a non-re-
fundable application fee:
a) Actual permit fee up to $10,000 of construction cost
b) For each application for $10,000 to $50,000 construction cost
$
50.00
c)
For each application for construction cost in excess of $50,000
$
150.00
The non-refundable fee shall be applied against the cost of the permit.
D.
Unauthorized Construction Fees
The permit fees referred to in section 22.3 shall be:
a) In addition to the permit fee prescribed in section C. a) above
$ 100.00
b) In addition to the permit fee prescribed in section C. b) above
$ 100.00
E.
Related Building Permit Fees
a) Re-inspection fee
$
75.00
b) Demolition fee
$
50.00
c)
Moving permit fee
$
75.00
d) Temporary building permit fee
$
75.00
Fees for item d) in this section are in addition to section 1 and section 2 fees.
F.
Building Permit Fee Refunds
Notwithstanding section 4 of this Bylaw Schedule, where a permit has been issued pursuant
to this Bylaw and construction has not yet commenced, permit fees shall be refunded on ap-
plication for the cancellation of the permit subject to the conditions set forth in this section:
a) that an application for a refund be received within twelve (12) months of the issue
date of the permit, and
b) that the fee retained be not less than fifty dollars ($50.00), and
c)
that the amount refunded to the applicant be not more than seventy-five percent
(75%) of the fee paid.
G.
Notice on Title
A fee of two hundred dollars ($200.00) shall be paid with an application to remove a notice
placed on the title of a property under the authority of section 700 of the Local Government
Bylaw #633
Page 17
Act.
Bylaw #633
Page 18
THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #633
INDEX
Section
Heading
Page No.
1.0TITLE............................................................................................ 1
2.0DEFINITIONS................................................................................. 1
3.0PURPOSE OF THIS BYLAW................................................................ 3
4.0PERMIT CONDITIONS...................................................................... 3
5.0SCOPE AND EXEMPTIONS................................................................ 4
6.0PROHIBITIONS............................................................................... 5
7.0BUILDING OFFICIALS...................................................................... 5
8.0APPLICATIONS............................................................................... 5
9.0APPLICATIONS FOR COMPLEX BUILDINGS.......................................... 6
10.0APPLICATIONS FOR STANDARD BUILDINGS...................................... 8
11.0PROFESSIONAL PLAN CERTIFICATION............................................ 10
12.0FEES AND CHARGES.................................................................... 10
13.0BUILDING PERMITS..................................................................... 10
14.0DISCLAIMER OF WARRANTY OR REPRESENTATION ......................... 11
15.0CLIMATIC AND GEOLOGICAL DATA................................................ 11
16.0PROFESSIONAL DESIGN AND FIELD REVIEW................................... 12
17.0RESPONSIBILITIES OF THE OWNER............................................... 12
18.0 INSPECTIONS............................................................................ 12
19.0FINAL INSPECTION REPORT.......................................................... 13
20.0POOLS....................................................................................... 14
21.0RETAINING STRUCTURES............................................................. 14
22.0PENALTIES AND ENFORCEMENT.................................................... 14
23.0SEVERABILITY AND APPLICATION.................................................. 15
24.0TRANSITION............................................................................... 15
25.0ENACTMENT AND REPEAL............................................................. 15
Schedule "A" Schedule Of Permit Fees ................................................................ ....
16