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"BUILDING BYLAW 2016 NO. 7224"
Consolidated Version
2024-JUN-17
Includes Amendment: 7224.01, 7224.02, 7224.03, 7224.04, 7224.05, 7224.06, 7224.07
CITY OF NANAIMO
BYLAW NO. 7224
A BYLAW TO PROVIDE FOR THE ADMINISTRATION OF CONSTRUCTION
WITHIN THE CITY OF NANAIMO
WHEREAS Section 8(3)(L) of the Community Charter authorizes Council to regulate and
impose requirements in relation to buildings and other structures;
AND WHEREAS the Province of British Columbia has adopted a Building Code to govern
standards in respect of the construction, alteration, repair and demolition of buildings in
municipalities and regional districts in the province;
AND WHEREAS it is deemed necessary to provide for the administration of the
Building Code;
The Council of the City of Nanaimo in open meeting assembled, hereby ENACTS AS
FOLLOWS:
1.
Title
This bylaw may be cited as the "Building Bylaw 2016 No. 7224".
2.
Definitions
The following words and terms have their meanings set out in the British Columbia Building
Code: assembly occupancy, building, building area, building height, business and
personal services occupancy, care or detention occupancy, constructor, coordinating
registered professional, designer, floor area, field review, high-hazard industrial
occupancy, industrial occupancy, low-hazard industrial occupancy, major occupancy,
mercantile occupancy, medium-hazard industrial occupancy, occupancy, registered
professional, and residential occupancy. (7224.02)
"ASSESSED VALUE"
means the current assessed value of the building as
determined by the BC Assessment Authority.
"BC ENERGY STEP CODE"
means
the
system
of
energy
performance
requirements set out in Subsections 9.36 and 10.2.3
of the Building Code. (7224.02)
"BC ZERO CARBON STEP
CODE" (7224.05)
means the
greenhouse gas (GHG) emission
requirements set out in subsections 9.37 and 10.3 of
the Building Code, as amended.
Bylaw No. 7224 - Consolidated Version
Page 3
"BUILDING CODE"
means the current version of British Columbia
Building Code including amendments as adopted by
the provincial minister.
"BUILDING OFFICIAL"
means the person or persons appointed from time to
time by the Council as the Manager of Building
Inspections and includes duly authorized delegates.
"CERTIFICATE OF
OCCUPANCY"
means a document issued by the municipality upon
final approval and completion of the building permit
that was issued for the work. Issuance of the
certificate allows the building or portion thereof to be
utilized for its intended use.
"CERTIFIED PROFESSIONAL"
means a registered professional listed on the Certified
Professional Roster. (7224.06)
"COMPLEX BUILDING"
means:
(a)
all buildings used for major occupancies
classified as
(i) assembly occupancies,
(ii) care or detention occupancies,
(iii) high-hazard industrial occupancies; and
(b)
all buildings exceeding 600 square metres in
building area or exceeding three storeys in
building height used for major occupancies
classified as
(i) residential occupancies,
(ii) business and personal services
occupancies,
(iii) mercantile occupancies,
(iv) medium- and low-hazard industrial
occupancies.
"COUNCIL"
means the City of Nanaimo municipal Council.
"ENERGY ADVISOR"
Means, a consultant registered by a Service
Organization licensed by Natural Resources Canada
(NRCan) to deliver NRC's EnerGuide Rating System
for New Homes and R-2000 programs. (7224.02)
"FEES AND CHARGES
BYLAW"
means the current version of the bylaw that regulates
fees and charges utilized by the Building Officials.
(7224.04)
Bylaw No. 7224 - Consolidated Version
Page 4
"HEALTH AND SAFETY
ASPECTS OF THE WORK"
means design and construction regulated by Part 3,
Part 4, and Sections 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, 9.31,
9.32, 9.34 and 9.37 of Part 9 of the Building Code.
"MUNICIPAL ENGINEER"
means the person duly appointed as Director of
Engineering and Public Works by Council and
includes any person appointed or designated by the
Director to act on his behalf.
"MUNICIPALITY"
means the City of Nanaimo
"PLUMBING CODE"
means the current version of British Columbia
Plumbing Code including amendments as adopted by
the provincial minister.
"STANDARD BUILDING"
means:
(a)
a building of three storeys or less in building
height, having a building area not exceeding
600 square
metres
and
used
for
major
occupancies classified as:
(i) residential occupancies,
(ii) business and personal services
occupancies,
(iii) mercantile occupancies, or
(iv) medium- and low-hazard industrial
occupancies.
"STRUCTURE"
means any construction, or any production or piece of
work artificially built up or composed of parts joined
together in some definite matter. That which is built or
constructed, an edifice or building of any kind whether
fixed to, supported by, or sunk into land or water
including, combinations of materials to form a
construction for occupancy, use or ornamentation
whether installed on, above, or below the surface of a
parcel of land, but specifically excludes landscaping,
fences, paving and retaining structures less than
1.2 metres in height. (7224.06)
"SUBDIVISION CONTROL
BYLAW"
means the current version of the municipality's
subdivision bylaw.
"SWIMMING POOL"
means any structure or construction, intended
primarily for recreation that is, or is capable of being,
filled with water to a depth of 0.6 metres (2 feet) or
more. For the purpose of the definition, a hot tub shall
not be considered a swimming pool.
Bylaw No. 7224 - Consolidated Version
Page 5
"WORKS AND SERVICES"
means the works and services referred to in Section
24. (7224.02)
"ZONING BYLAW"
means the current version of the municipality's Zoning
Bylaw.
3.
Purpose of Bylaw
3.1
The bylaw shall, notwithstanding any other provision herein, be interpreted in
accordance with this section.
3.2
This bylaw has been enacted for the purpose of regulating construction within the
municipality in the general public interest. The activities undertaken by or on behalf
of the municipality 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 property. 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 municipality or any Building Official of any
responsibility for ensuring the compliance by any owner, his or her
representatives, or any employees, constructors or designers retained by
him or her with the Building Code, the requirements of this bylaw, or other
applicable enactments respecting safety;
3.2.3 providing any person a warranty of design or workmanship with respect to
any building or structure for which a building permit or Certificate of
Occupancy is issued under this bylaw; or
3.2.4 providing a warranty or assurance that construction undertaken pursuant
to building permits issued by the municipality is free from latent or any
defects.
4.
Permit Conditions
4.1
A permit is required whenever work regulated under this bylaw is to be undertaken.
4.2
Neither the issuance of a permit under this bylaw nor the acceptance or review of
plans, drawings or supporting documents, nor any inspections made by or on
behalf of the municipality shall in any way relieve the owner or his or her
representatives from full and sole responsibility to perform the work in strict
accordance with this bylaw, the Building Code and or other applicable enactments
respecting safety.
4.3
It shall be 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
Bylaw No. 7224 - Consolidated Version
Page 6
of which the permit was issued in compliance with the Building Code and this bylaw
or other applicable enactments respecting safety.
4.4
Neither the issuance of a permit under this bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections
made by or on behalf of the municipality constitute in any way a representation,
warranty, assurance 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 administered or enforced according
to its terms. The person to whom the building permit is issued and his or her
representatives are responsible for making such determination.
4.6
Notwithstanding Sections 4.7 and 13.4, every permit for demolition will expire 6
months from the date of issuance of the permit. (7224.02)
4.7
Every permit is issued upon the condition that: (7224.02)
4.7.1 construction of a nature significant enough to require an inspection as set
out in Section 17 of this bylaw is to be started within 6 months from the date
of issuance of the permit; (7224.02)
4.7.2 construction is not to be discontinued or suspended for a period of more
than 1 year; (7224.02)
4.7.3 the permit shall expire in the event that either of the conditions stated in
4.7.1 or 4.7.2 are not met; and (7224.02)
4.7.4 all permits shall expire after 24 months from the date of issuance, unless
the permit has previously expired or the permit has been renewed in
accordance with Section 4.8. (7224.02)
4.8
Provision for renewal of permits shall be as follows:
4.8.1 Application for renewal must be made prior to expiry of the original permit.
4.8.2 The permit renewal shall be for the same period as the original permit.
4.8.3 No permit shall be renewed more than once.
4.8.4 An additional fee as set out in the Fees and Charges Bylaw shall be paid
for renewal of a permit under the provisions of this Section.
4.9
A building permit application shall expire: (7224.03)
4.9.1 12 months after the date of application; or
4.9.2 18 months after the date of application where it has been determined by a
Building Official that the owner has been unable to meet the requirements
to have a building permit issued due to adverse weather, strikes, material
or labour shortages, or similar hardship beyond the owner's control.
Bylaw No. 7224 - Consolidated Version
Page 7
4.10
The Building Official may refuse to issue a permit if:
4.10.1 the information submitted is inadequate to determine compliance with, or
is contrary to, the provisions of this bylaw or any other enactment;
4.10.2 the information submitted is incorrect; or
4.10.3 in the case of a permit for a building or structure to be used to shelter any
human use or occupancy, a Certificate of Acceptance for the Works and
Services required to provide the parcel with water, sanitary, and storm
drainage services has not been issued by the municipality.
4.11
The Building Official may revoke a permit where:
4.11.1 there is a contravention of any term or condition under which the permit
was issued;
4.11.2 there is a contravention of any provision of the Building Code or
Plumbing Code; or
4.11.3 the permit was issued on the basis of incorrect information supplied by the
applicant or the Building Official determines that the permit was issued in
error.
4.12
The owner shall be notified in writing of the revocation.
5.
Scope and Exemptions
5.1
This bylaw applies to the design, construction, and occupancy of new buildings
and structures and the alteration, reconstruction, demolition, removal, relocation,
and occupancy of existing buildings and structures.
5.2
This bylaw does not apply to buildings or structures exempted by Part 1 of the
Building Code except as expressly provided herein, nor to retaining structures less
than 1.2 metres in height. (7224.06)
6.
Prohibitions
6.1
No person shall commence or continue any construction, alteration,
reconstruction, demolition, removal, relocation or change the occupancy of any
building or structure, including 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 unless a valid and
subsisting Certificate of Occupancy 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.
Bylaw No. 7224 - Consolidated Version
Page 8
6.3
No person shall knowingly submit false or misleading information to a Building
Official in relation to any permit application or construction undertaken pursuant to
this bylaw.
6.4
No person shall, unless authorized in writing by a Building Official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit or certificate
posted 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 that variance has been accepted in writing by a Building Official.
6.6
No person shall obstruct the entry of a Building Official or other authorized official
of the municipality on property in the administration of this bylaw.
6.7
No person shall occupy or use a building following a change in class of occupancy
of the building or part of it without first obtaining final approval from the Building
Official.
6.8
Deleted by Bylaw No. 7224.01.
6.9
No person shall continue to construct a building or any portion of it after the
Building Official has ordered cessation of construction of it or has ordered the
suspension of any portion of the construction of it.
7.
Building Officials
7.1
Each 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 shall retain copies of all documents
related to the administration of this bylaw; and
7.1.3 take or order such action considered necessary in order to establish
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 reasonable 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 their status as a Building Official.
Bylaw No. 7224 - Consolidated Version
Page 9
7.3
A Building Official may order the correction of any work that is being or has been
done in contravention of this bylaw.
8.
Applications
8.1
Every person shall apply for and obtain:
8.1.1 a building permit before constructing, repairing, or altering a building or
structure;
8.1.2 a locate permit before moving a building or structure; (7224.06)
8.1.3 a demolition permit before demolishing a building or structure; and
8.1.4
(Removed by 7224.06)
8.2
An application for a locate permit shall be made in the form prescribed by the
municipality. (7224.06)
8.3
An application for a demolition permit shall be made in the form prescribed by the
municipality.
8.4
(Removed by 7224.06)
8.5
All plans submitted with permit applications shall bear the name and address of
the designer of the building or structure.
9(A).
Applications for Complex Buildings (7224.06)
9.1
An application for a building permit with respect to a complex building shall:
9.1.1 be made in the form prescribed by the municipality and signed by the
owner, agent appointed by the owner, or a signing officer if the owner is a
corporation;
9.1.2 be accompanied by the owner's acknowledgement of responsibility and
undertakings made in the form prescribed by the municipality, signed by
the owner, agent appointed by the owner, or a signing officer if the owner
is a corporation;
9.1.3
(Removed by 7224.06)
9.1.4 include a site plan prepared by a British Columbia Land Surveyor showing:
9.1.4.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
9.1.4.2
the legal description and civic address of the parcel;
Bylaw No. 7224 - Consolidated Version
Page 10
9.1.4.3
the location and dimensions of all statutory rights-of-way,
easements, and setback requirements;
9.1.4.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
9.1.4.5
setbacks to the natural boundary of any lake, river, creek,
spring, or wetland where the municipality's land use regulations
establish siting requirements related to flooding; (7224.06)
9.1.4.6
the existing and finished grade levels to an established 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 municipality's land use regulations establish siting
requirements related to minimum floor elevation; and
9.1.4.7
the location, dimension and gradient of parking and all driveway
accesses.
9.1.4.8
The Building Official may waive the requirements for a site plan,
in whole or in part, where the permit is sought for the repair or
alteration of an existing building or structure;
9.1.5 include floor plans showing the dimensions and uses of all areas:
the dimensions and height of crawl and roof spaces; the location, size and
swing of doors; the location, size and opening of windows; floor, wall, and
ceiling finishes; plumbing fixtures; structural elements; and stair
dimensions;
9.1.6 include building elevations and/or sections indicating a geodetic elevation
for the building height to a datum established by the requirements of the
City of Nanaimo's Zoning Bylaw as amended or replaced;
9.1.7 include a cross-section through the building or structure illustrating
foundations, drainage, ceiling heights, and construction systems;
9.1.8 include elevations of all sides of the building or structure showing finish
details, roof slopes, windows, doors, and finished grade;
9.1.9 include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure substantially
conforms to the Building Code;
9.1.10 include copies of approvals required under any applicable enactment
relating to health or safety, including, without limitation, sewage disposal
permits, highway access permits, and Ministry of Health approval;
9.1.11 include a Letter of Assurance in the form of Schedule A as referred to in
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;
Bylaw No. 7224 - Consolidated Version
Page 11
9.1.12 include Letters of Assurance in the form of Schedule B as referred to in the
Building Code, each signed by such registered professionals as the
Building Official or Building Code may require in order to prepare the design
for and conduct field reviews of the construction of the building or structure;
9.1.13 include drawings at a suitable scale of the design prepared by each
registered professional and including the information set out in Sections
9.1.5 - 9.1.9 of this bylaw; and (7224.06)
9.1.14 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional, in accordance with the municipality's subdivision servicing
bylaw.
9.2
In addition to the requirements of Section 9.1, 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 complexity of the proposed building
or structure or siting circumstances warrant:
9.2.1 A section through the site showing grades, buildings, structures, parking
areas and driveways.
9.2.2 Any other information required by the Building Official or the Building Code
to establish substantial compliance with this bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
9.2.3 Details of the location, grades and elevations of the streets and public
services, including sewer and drainage abutting the parcel and showing
access to the buildings, parking, driveways, site drainage provisions, and
finished grades all tied into the municipality's geodetic monument system.
9.2.4 A plan that shows the location and size of every building drain and of every
trap or inspection piece that is on a building drain.
9.2.5 A sectional drawing that shows the size and location of every soil or waste
pipe, trap, and vent pipe. The plans and specifications shall include
complete design and calculation criteria so that the Building Official has the
information available for examination and shall bear the name, address,
and telephone number of the designer.
9.2.6 Confirmation, prepared and sealed by a professional engineer, that
adequate fire flows are available for the proposed project in conformance
with the guidelines contained in the current edition of the Fire Underwriters
Survey publication "Water Supply for Public Fire Protection".
9.2.7 Details of the design of the environmental separation that demonstrates
that the proposed construction conforms to the Building Code requirement
for restricting entry of rain into the wall assembly.
9.3
Notwithstanding any other provisions of this bylaw or the Building Code, whenever,
in the opinion of the Building Official, the proposed work requires specialized
technical knowledge, the Building Official may require, as a condition of the
Bylaw No. 7224 - Consolidated Version
Page 12
issuance of a permit, that all drawings, specifications and plot plans or any part of
them be prepared, signed and sealed by, and the construction carried out under
the supervision of, an Architect and/or Professional Engineer specializing in the
relevant field of design and construction.
9(B).
Certified Professional Program (7224.06)
9.4
The Building Official may accept a permit application for a Complex Building under
section 9(B), in addition to any other information required in this Bylaw in respect
of the application, a Certified Professional certifies in writing that:
9.4.1
the work covered by the application complies with the Building Code;
9.4.2
the permit application has been prepared in accordance with the Certified
Professionals Practice and Procedure Manual and the Program Municipal
Insert (together, the "Manuals"); and includes all required letters of
assurance, and any required confirmations with respect to the
development and Building Code coordination; and,
9.4.3
the Certified Professional has been retained by the Owner to perform all
of the duties of a Certified Professional as set out in the Manuals.
9.5
A Certified Professional submitting an application under this section 9(B) must
provide proof of insurance, in the amount of $1,000,000 per claim, in a form
satisfactory to the Building Official.
9.6
The Building Official may refuse an application under section 9(B) if the statement
under this section 9(B) is provided by a Certified Professional who has, in respect
of any previous application under this section 9(B), failed to perform the duties of
a Certified Professional in accordance with the Manuals, or in accordance with this
section 9(B).
9.7
A Certified Professional must, in respect of any Building for which a permit is issued
under section 9(B) and in addition to any other applicable responsibilities:
9.7.1
review for adequacy and acceptability, any report concerning testing and
field reviews related to the Building and maintain a detailed record of such
reports and, if requested, make these available to the Building Official;
9.7.2
advise the Building Official promptly, in writing, of any significant known,
unresolved contraventions of the Building Code, building permit
requirements, this Bylaw and/or other applicable enactments;
9.7.3
at least once every 30 days from the date of issuance of a permit, submit
to the Building Official a written progress report and any other information
as reasonably required by the Building Official; and,
9.7.4
if the Certified Professional will, at any time before the completion of the
work that is the subject of the permit cease to be retained or otherwise
involved as the Certified Professional, promptly notify the Building Official
in writing of the date upon which they will cease to be involved. If the CP
Bylaw No. 7224 - Consolidated Version
Page 13
is deceased or incapacitated from completing this task, the responsibility
for notification becomes that of the owner.
9.8
In addition to any other grounds the Building Official may have for posting a Stop
Work Order in respect of a Building, the Building Official may post a Stop Work
Order or revoke a permit issued under section 9(B) in any of the following
circumstances:
9.8.1
if the Certified Professional ceases to be retained by the Owner or is
otherwise unable or unwilling to carry out field reviews or other duties
committed to in the CP-1 letter, for which a Permit was issued under this
section 9(B);
9.8.2
if the Certified Professional is no longer licensed as a Registered
Professional in the Province of British Columbia or removed from the
Certified Professional roster;
9.8.3
if the Certified Professional fails to perform any of their duties or
obligations under this Bylaw; or,
9.8.4
if a document required by this Bylaw is not delivered by the Certified
Professional within the timeframe specified in this Bylaw.
9.9
Where a permit application is revoked pursuant to section 9.8 or 4.11, only work
necessary, as authorized by the Building Official to remove any hazards or to
mitigate damage arising from exposure to the elements, may be undertaken on
the Complex Building unless otherwise specifically authorized by the Building
Official.
9.10
Work on the Building must not resume until the Building Official has received
written notice from a Certified Professional that the Certified Professional:
9.10.1 has been retained by the Owner for the continuation of Construction of
the Building;
9.10.2 will carry out the duties of the Certified Professional that are required in
order in order to bring the Complex Building to completion as outlined in
the CP Schedules CP-1, CP-2 , and CP-3 as required and in accordance
with the issued permit.
9.11
Nothing herein contained shall in any way:
9.11.1 relieve the Owner, from full responsibility for ensuring that a Certified
Professional is engaged at all times during construction of the Building
and that the Building complies with the Building Code, this Bylaw and
other applicable enactments; or,
9.11.2 limit the authority or discretion of the Building Official to review
application materials, carry out field reviews, or otherwise treat the
application or any aspect of the work covered by the application as if it
were an application made beyond this section 9(B) of the bylaw.
Bylaw No. 7224 - Consolidated Version
Page 14
9.12
In respect of any permit application made under this section 9(B), and despite
any plan checking or field review the Building Official may choose to carry out,
the Building Official will rely on the assurances provided by the Certified
Professional and, as applicable, any other Registered Professionals, that the
work that is the subject of the application meets the requirements of the Building
Code.
10.
Applications for Standard Buildings
10.1
An application for a building permit with respect to a standard building shall:
10.1.1
be made in the form prescribed by the municipality, signed by the owner,
agent appointed by the owner, or a signing officer if the owner is a
corporation;
10.1.2
be accompanied by the owner's acknowledgement of responsibility and
undertakings made in the form prescribed by the municipality, signed by
the owner, agent appointed by the owner, or a signing officer if the owner
is a corporation;
10.1.3
(Removed by 7224.06)
10.1.4
include a site plan prepared by a British Columbia Surveyor showing:
(7224.06)
10.1.4.1 the bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.1.4.2 the legal description and civic address of the parcel;
10.1.4.3 the location and dimensions of all statutory rights-of-way,
easements and setback requirements;
10.1.4.4 the location and dimensions of all existing and proposed
buildings or structures on the parcel;
10.1.4.5 setbacks to the natural boundary of any lake, river, creek,
spring, or wetland where the municipality's land use
regulations establish siting requirements related to flooding;
(7224.06)
10.1.4.6 the existing and finished ground levels to an established 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 municipality's land use regulations establish siting
requirements related to minimum floor elevation; and
10.1.4.7 the location, dimension and gradient of parking and driveway
access.
10.1.4.8 The Building Official may waive the requirements for a site plan
in whole or in part where the permit is sought for the repair or
alteration of an existing building or structure;
Bylaw No. 7224 - Consolidated Version
Page 15
10.1.5
include floor plans showing the dimensions and uses of all areas:
the dimensions and height of crawl and roof spaces; the location, size
and swing of doors; the location, size and opening of windows; floor, wall,
and ceiling finishes; plumbing fixtures; structural elements; and stair
dimensions;
10.1.6
include building elevations and/or sections indicating a geodetic elevation
for the building height to a datum established by the requirements of the
City of Nanaimo Zoning Bylaw as amended or replaced;
10.1.7
include a cross-section through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems;
10.1.8
include elevations of all sides of the building or structure showing finish
details, roof slopes, windows, doors, and finished grade;
10.1.9
include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure substantially
conforms to the Building Code;
10.1.10 include copies of approvals required under any enactment relating to
health or safety, including, without limitation, sewage disposal permits,
highway access permits, and Ministry of Health approval; and
10.1.11 include drawings at a suitable scale of the design, including the
information set out in Sections 10.1.5 - 10.1.9 of this bylaw. (7224.06)
10.2
In addition to the requirements of Section 10.1, 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, the gross floor areas of which in the aggregate total more than 1,000
square metres, or three or more dwelling units, or otherwise where the complexity
of the proposed building or structure or siting circumstances warrant: (7224.07)
10.2.1 Site servicing drawings, including sufficient detail of off-site and on-site
services to indicate locations at the property line, prepared and sealed by
a registered professional in accordance with the municipality's subdivision
servicing bylaw. (7224.06)
10.2.2 A section through the site showing grades, buildings, structures, parking
areas and driveways.
10.2.3 Architectural, roof plan and roof height calculations.
10.2.4 Structural, geotechnical, electrical, mechanical, plumbing or fire
suppression drawings prepared and sealed by a registered professional.
10.2.5 Letters of Assurance in the form of a Schedule B as referred to in the
Building Code, signed by the registered professional.
Bylaw No. 7224 - Consolidated Version
Page 16
10.2.6 Any other information required by the Building Official or the Building Code
to establish substantial compliance with this bylaw, the Building Code, and
other bylaws and enactments relating to the building or structure.
10.2.7 Details of the location, grades and elevations of the streets and public
services, including sewer and drainage abutting the parcel and showing
access to the buildings, parking, driveways, site drainage provisions and
finished grades all tied into the municipality's geodetic monument system.
10.2.8 A plan that shows the location and size of every building drain and of every
trap or inspection piece that is on a building drain.
10.2.9 A sectional drawing that shows the size and location of every soil or waste
pipe, trap and vent pipe. The plans and specifications shall have on them
complete design and calculation criteria so that the Building Official has this
information available for examination and shall bear the name, address and
contact information of the designer.
10.2.10 (Removed by 7224.06)
10.2.11 Confirmation prepared by a professional engineer that adequate fire flows
are available for the proposed project in conformance with the guidelines
contained in the current edition of the Fire Underwriters Survey publication
"Water Supply for Public Fire Protection".
10.2.12 Details of the design of the environmental separation that demonstrates
that the proposed construction conforms to the Building Code requirement
for restricting entry of rain into the wall assembly.
10.3
Notwithstanding any other provisions of this bylaw or the Building Code, whenever,
in the opinion of the Building Official, the proposed work requires specialized
technical knowledge, he or she may require, as a condition of the issuance of a
permit, that all drawings, specifications and plot plans or any part of them be
prepared, signed and sealed by, and the construction carried out under, the
supervision of an Architect and/or Professional Engineer specializing in the
relevant field of design and construction.
11.
Professional Plan Certification
11.1
The Letters of Assurance in the form of Schedule B, referred to in the Building
Code and provided pursuant to Sections 9.1.11, 10.2.5, and 15.1 of this bylaw, are
relied upon by the municipality 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.
11.2
A building permit issued for the construction of a complex building or for a standard
building or for a component of a building or for a sign for which a Building Official
required professional design, pursuant to Section 10.2.4, and Letters of Assurance,
pursuant to Section 10.2.5 of this bylaw, shall be in a form prescribed by the
municipality.
Bylaw No. 7224 - Consolidated Version
Page 17
11.3
A building permit issued pursuant to Section 11.2 of this bylaw shall include a
notice to the owner that the building permit is issued in reliance upon the
certification of the registered professionals that the design 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 Section 11.2 of this bylaw, the
building portion of the permit fee shall be reduced by 5% of the fees payable,
pursuant to Schedule A of the Fees and Charges Bylaw.
12.
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 of the Fees and Charges Bylaw,
shall be paid in full prior issuance of any permit under this bylaw. The fees payable
for a building permit shall be based on the value of the proposed work, as
estimated by the applicant, provided that:
12.1.1 where there is a dispute as to the basis of valuing the work to be done, the
Building Official may determine the value on the basis of the Marshall
Valuation Service by Marshall Swift;
12.1.2 if upon the completion of the work, it appears that the actual value of the
construction has been in excess of the estimate, the value of the work for
the purpose of calculating the permit fee shall be the actual value as
determined by the Building Official; the permit fee shall be adjusted
upwards, and the difference shall be paid forthwith to the municipality; and
12.1.3 where the value of work has been undervalued, the Building Official may,
before issuing a Certificate of Occupancy require the applicant or his agent
to make a statutory declaration or swear an affidavit as to the actual value
of the completed work, and may hold back such permit until all fees are
paid.
12.2
An application made for a building permit shall be accompanied by the appropriate
application fee as set out in Schedule A of the Fees and Charges Bylaw.
12.2.1 The building permit application fee is non-refundable and shall be credited
against the building permit fee when the permit is issued.
12.2.2 When an application is cancelled, the plans and related documents
submitted with the application may be destroyed.
12.3
The owner may obtain a refund of 75% of the permit fees set out in Schedule A of
the Fees and Charges Bylaw when a permit is surrendered and cancelled before
any construction begins. Nothwithstanding:
12.3.1 the refund shall not include the building permit application fee paid,
pursuant to section 12.2 of this bylaw; and
Bylaw No. 7224 - Consolidated Version
Page 18
12.3.2 no refund shall be made where construction has begun, an inspection has
been made, or the building permit has expired.
12.4
Where any re-inspection carried out pursuant to this Bylaw, discloses faulty work
and a subsequent inspection is thereby made necessary, a re-inspection charge
as set out in Schedule A of the Fees and Charges Bylaw shall be paid prior to
additional inspections being performed. (7224.06)
12.5
Where a permit holder fails to have the work to be inspected accessible and/or
ready at the time of scheduled inspection, a re-inspection charge, as set out in
Schedule A of the Fees and Charges Bylaw, shall be paid prior to additional
inspections being performed. (7224.06)
12.6 Where there are more than two requested revisions to plans at the permit
application stage, a charge for each additional revision, as set out in Schedule A
of the Fees and Charges Bylaw, shall be added to the permit fee.
13.
Building Permits
13.1
A Building Official shall issue the permit for which the application is made when:
(7224.06)
13.1.1 a completed application including all required supporting documentation
has been submitted;
13.1.2 the proposed work set out in the application substantially conforms to the
Building Code, this bylaw and all other applicable bylaws and enactments;
13.1.3 the owner or his or her representative has paid all applicable fees set out
in Section 12 of this bylaw;
13.1.4 the owner or his or her representative has paid all charges and met all
requirements imposed by any other enactment or bylaw; and, (7224.06)
13.1.5 no enactment, covenant, agreement or regulation in favour of, or regulation
of, the municipality authorizes the permit to be withheld. (7224.06)
(Removed by7224.06)
13.2
When the application is with respect to a building that includes or will include a
residential occupancy, the building permit shall not be issued unless the owner
provides evidence pursuant to the Homeowner Protection Act that the proposed
building:
13.2.1 is covered by home warranty insurance, and the constructor is a licensed
residential builder; or, (7224.06)
13.2.2 has provided proof of rental exemption; or, (7224.06)
13.2.3 has provided proof of an owner builder authorization. (Added by 7224.06)
13.3
(Removed by 7224.06)
Bylaw No. 7224 - Consolidated Version
Page 19
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:
13.4.1 the work authorized by the permit has not commenced within 6 months
from the date of issuance of the permit; or
13.4.2 work is discontinued for a period of 12 months.
13.5
A Building Official may extend the period of time set out under Sections 13.4.1 and
13.4.2 where construction has not commenced or where construction has been
discontinued due to adverse weather, strikes, material or labour shortages, or
similar hardship beyond the owner's control.
13.6
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 information has been provided to the
municipality to demonstrate to the Building Official that the portion authorized to
be constructed substantially complies with this and other applicable bylaws and
the permit fee applicable to that portion of the building or structure has been paid.
The issuance 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 had not been issued.
13.7
Subject to compliance with other applicable bylaws, the Building Official may issue
a permit for the erection or placement of a temporary building if he or she is
satisfied that the building is safe for the stated use and duration.
13.7.1 The word "temporary", as used in this subsection, shall mean a period not
exceeding 12 months.
13.7.2 Applications for a permit to construct a temporary building shall be made in
writing to the Building Official accompanied by:
13.7.2.1
plans showing the location of the building on the site and
construction details of the building;
13.7.2.2
a statement of the intended use and duration of the use; and
13.7.2.3
a bond or certified cheque in the amount of Two Thousand
Dollars ($2,000.00), as a guarantee towards the removal of the
building in its entirely and the site condition being left in a safe
and sanitary condition to the satisfaction of the Building Official
upon expiration of the permit. If removal of the building has not
occurred within the specified time frame, the Building Official
may send written notice to the owner advising that the building
does not comply with this bylaw or other enactment and direct
the owner to remedy the non-compliance within 30 days from
the date of the notice letter. If the non-compliance is not
remedied within the period of 30 days, the certified cheque or
other security in the sum of Two Thousand Dollars ($2,000.00)
shall be forfeited to the municipality.
Bylaw No. 7224 - Consolidated Version
Page 20
13.8
When a site has been excavated and a building permit is not subsequently
issued, or a subsisting building permit has expired in accordance with the
requirements of Section 13.4 but without the construction of the building or
structure for which the building permit was issued having commenced, the owner
shall fill in the excavation to restore the original gradients of the site within
60 days from the date of written notice from by the municipality to do so.
13.9
In the case of a permit for a building or structure to be used to shelter any human
use or occupancy, the Works and Services are required to be installed to provide
the parcel with water, sanitary and storm drainage:
13.9.1 by the municipality; or
13.9.2 by a person other than the municipality provided a Certificate of
Acceptance has been issued by the municipality for the Works and
Services.
14.
Disclaimer of Warranty or Representation
14.1
Neither the issuance of a permit under this bylaw, the review and acceptance of
the design, drawings, plans or specifications, nor inspections 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 workmanship.
15.
Professional Design and Field Review
15.1
When a Building Official considers that the site conditions, size or complexity of a
development or an aspect of a development warrant, they may require a registered
professional provide design and plan certification and field review by means of
Letters of Assurance in the form of Schedules B and C-B referred to in Division C
of Part 2 of the Building Code.
15.2
Prior to the issuance of an occupancy certificate for a complex building or standard
building in circumstances where Letters of Assurance have been required in
accordance with Sections 9.1.12, 10.2.5 or 15.1 of this bylaw, the owner shall
provide the municipality with Letters of Assurance in the form of Schedules C-A
and/or C-B, as is appropriate, referred to in Division C of Part 2 of the Building
Code.
16.
Responsibilities of the Owner
16.1
Every owner shall ensure that all construction complies with the Building Code,
this bylaw, and other applicable enactments respecting safety.
Bylaw No. 7224 - Consolidated Version
Page 21
16.2
Before construction commences the owner shall:
16.2.1 determine that the building site is safe and will not be affected by flooding
water caused by surface run-off or otherwise, or by other hazards;
16.2.2 if applicable, obtain elevation and construction requirements relative to
provincial floodplain restrictions from the Ministry of Environment;
16.2.3 in all cases where it is proposed to conduct the waste from plumbing
fixtures, trade waste, or surface or roof water to a private or public sewer:
16.2.3.1 make certain by inquiring from the Director of Engineering and
Public Works that such private or public sewer is at a sufficient
depth and of a capacity to receive such discharge; and
16.2.3.2 ensure that the elevation of the system allows for sufficient
drainage;
16.2.4 incorporate into the design and plans submitted for a permit, the climatic
data as contained in the Building Code; and
16.2.5 obtain from the municipality, or other authority having jurisdiction where
applicable, all necessary permits relating to demolition, excavation,
building, repair of buildings, relocation of buildings, zoning, change in
classification of occupancy, swimming pools, sewers, water, plumbing,
signs, canopies, awnings, marquees, blasting, street occupancy, access,
electrical installations, and all other permits required in connection with the
proposed work prior to the commencement of work. (7224.06)
16.3
Every owner to whom a permit is issued shall be responsible for the cost of repair
of any damage to municipal works that occurs in the course of the work authorized
by the permit.
16.4
Every owner to whom a permit is issued shall, during construction:
16.4.1 post and maintain the permit in a conspicuous place on the property in
respect of which the permit was issued;
16.4.2 keep a copy of the accepted designs, plans, and specifications on the
property for the use of the Building Official;
16.4.3 post the civic address on the property in a location visible from any
adjoining streets;
16.4.4 allow the Building Official to enter the building or premises at any
reasonable time for the purpose of inspection;
16.4.5 ensure that no work is done on any part of the building or structure beyond
any point outlined in Section 17.4 without first obtaining the written approval
of the Building Official; and
Bylaw No. 7224 - Consolidated Version
Page 22
16.4.6 where tests of any materials are required by the Building Official to ensure
conformity with the requirements of this bylaw or any enactment, transmit
to the Building Official records of the test results.
17.
Inspections
17.1
When a registered professional provides Letters of Assurance in accordance with
Sections 9.1.11, 10.1.10, 10.2.5, 15.1 or 15.2 of this bylaw, the municipality will
rely solely on field reviews undertaken by the registered professional and the
Letters of Assurance submitted, pursuant to Section 15.2 of this bylaw, as
assurance that the construction substantially conforms to the design and that the
construction substantially complies with the Building Code, this bylaw, and other
applicable enactments respecting safety.
17.2
Notwithstanding Section 17.1 of this bylaw, a Building Official may attend the site
from time to time during the course of construction to ascertain that the field
reviews are taking place and to monitor the field reviews undertaken by the
registered professionals.
17.3
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 conformance with those portions of the
Building Code, this bylaw, and any other applicable enactment concerning safety.
(7224.06)
17.4
The owner or his or her representative shall give at least 24 hours' notice to the
municipality 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:
17.4.1 When the forms for footings are complete, including any reinforcing steel,
but prior to placing any concrete therein. Prior to approval of the
foundation, a British Columbia Land Surveyor's certificate may be required
by the Building Official if deemed necessary to determine the location on
the site.
17.4.2 After installation of foundation drains, dampproofing and drain rock, but
prior to backfilling against the foundation. Approvals for installation of
perimeter drains are subject to completion of backfilling within 24 hours of
the inspection.
17.4.3 When any pipes in a plumbing system or when plumbing appurtenances
are installed in a location where they could be covered at a later stage of
construction.
17.4.4 When wall sheathing installation is complete except for the box ends and
rim joists prior to the installation of building paper.
Bylaw No. 7224 - Consolidated Version
Page 23
17.4.5 When framing, including fire-stopping, bracing of chimneys, duct work,
wiring, roofing, building paper, flashing, weatherproofing of openings and
window installation is complete, but before installation of any siding, wire
mesh or stucco. (7224.06)
17.4.6 Before a building drain, water service/fireline, sanitary or storm sewer is
covered. When considered necessary, underground building drains,
branches, storm drains, and sewers shall be retested after the completion
of all backfilling and grading by heavy equipment. (7224.06)
17.4.7 When the insulation and vapour barrier have been completed, but before
any interior finish is applied which could conceal the insulation.
17.4.8 When the smoke chamber of a fireplace or the chimney breaching
assembly is complete, but before continuation of the assembly above
this point.
17.4.9 Upon completion of the installation of solid fuel burning appliances,
furnaces or boiler installations in accordance with the Building Code, but
prior to it being placed in service.
17.4.10 When the building or portion thereof is complete and ready for occupancy,
but prior to any occupancy thereof.
17.4.11 Any additional inspections as required by the Building Official.
17.5
No aspect of the work referred in Section 17.4 of this bylaw shall be concealed
until the Building Official has accepted it in writing.
17.6
The Building Official may require an applicant to uncover any part of a construction
which was covered before it was inspected and approved.
17.7
A report from the Building Official will be left on the construction site following each
inspection, giving approval of work done or listing corrections which require
reinspection and approval.
17.8
Where more than one inspection and one reinspection is required for approval to
be given for a stage of construction, a fee, as set out in the Fees and Charges
Bylaw, shall be paid prior to requesting any subsequent reinspection. (7224.06)
17.9
The requirements of Section 17.4 of this bylaw do not apply to any aspect of the
work that is the subject of a registered professional's Letter of Assurance provided
in accordance with Sections 9.1.11, 9.1.12, 10.2.5, 15.1 or 15.2 of this bylaw.
18.
Certificate of Occupancy
18.1
No person shall occupy a building or structure or part of a building or structure until
a Certificate of Occupancy has been issued in the form prescribed by the
municipality. (7224.02)
Bylaw No. 7224 - Consolidated Version
Page 24
18.2
A Certificate of Occupancy shall not be issued unless:
18.2.1 all Letters of Assurance have been submitted when required, in accordance
with Sections 9.1.11, 9.1.12, 10.2.5, 15.1 and 15.2 of this bylaw; and
18.2.2 all aspects of the work requiring inspection and acceptance pursuant to
Section 17.4 of this bylaw have both been inspected and accepted, or the
inspections and acceptance are not required in accordance with
Section 17.9 of this bylaw.
18.3
A Building Official may issue a Certificate of Occupancy for part of a building or
structure when the part of the building or structure is self-contained, provided with
essential services, and the requirements set out in Section 18.2 of this bylaw have
been met with respect to it.
18.4
The owner shall:
18.4.1 prior to the occupancy of any building or part of it, after completion of
construction of the building or part of it, or prior to any change in occupancy
of any building or part of it, obtain from the Building Official a Certificate of
Occupancy, which may be withheld by the Building Official until the building
or part of it complies with the requirements of this bylaw and any other
enactment;
18.4.2 prior to the occupancy of the building, permanently affix the designated
street number on the building and/or property so that it is visible from the
street; and
18.4.3 obtain from the Building Official written permission prior to resuming
construction which has been suspended on any building.
18.5
Where a change in the occupancy of a building or portion thereof is proposed, no
Certificate of Occupancy will be issued until the Building Official is satisfied that no
reduced level of safety will result.
19.
Retaining Structures
19.1
A registered professional shall undertake the design and conduct field reviews of
the construction of a retaining structure greater than 1.2 metres in height. Sealed
copies of the design plan and field review by means of Letters of Assurance in the
form of Schedules B and C-B, referred to in Division C of Part 2 of the Building
Code for all retaining structures greater than 1.2 metres in height, shall be
submitted to a Building Official prior to acceptance of the works. (7224.06)
Bylaw No. 7224 - Consolidated Version
Page 25
20.
Relocation
20.1
No person shall:
20.1.1 move or cause to be moved any building or structure from one parcel to
another without first obtaining a permit;
20.1.2 move or cause to be moved any building or structure unless it has been
determined, to the satisfaction of the Building Official, that the building or
structure meets the requirements of the Building Code and any
enactments, or the applicant provides plans and specifications to the
satisfaction of the Building Official detailing any and all upgrading required
to meet the requirements of this bylaw and any enactments after the
building is moved to a new site; or
20.1.3 relocate a residential building or part of it to another parcel of land within
the municipality unless it can be shown that the dwelling, once
reestablished on this new site, will have an assessed value not less than
the average assessed values of all dwellings situated within 50 metres of
the site or parcel of land to which the building is to be moved. (7224.07)
20.2
A person who applies for a permit to move a building or structure or part of it either
within or into the municipality shall deposit with the Building Official a certified
cheque or other financial security in the amount of Two Thousand Dollars
($2,000.00), payable to the municipality, issued in a form satisfactory to the
municipal Director of Finance, to ensure that the building shall be completely re-
erected on the new site within 12 months of the date of issuance of the permit. If
the building or part of it is not completed within the specified time, the Building
Official may send a written notice to the owner advising that the building does not
comply with this bylaw or other enactment and direct the owner to remedy the non-
compliance within 30 days from the date of the notice letter. If the non-compliance
is not remedied within the period of 30 days, the certified cheque or other security
in the sum of Two Thousand Dollars ($2,000.00) shall be forfeited to the
municipality.
20.3
Every person relocating a building or structure from a site within the municipality
shall ensure that the site shall be left in a neat, clean, and safe condition after the
removal.
21.
Demolitions
21.1
No person shall demolish a building without first obtaining a permit.
21.2
Every person making application for a permit to demolish a building shall, as part
of their application, provide the Building Official with satisfactory evidence that:
21.2.1 no unsafe condition will be created or permitted; and that
21.2.2 the site of the demolition will be left in a safe, neat condition, free from
debris and compatible with neighbouring properties to the satisfaction of
the Building Official.
Bylaw No. 7224 - Consolidated Version
Page 26
22.
Plumbing
22.1
Except as has hereinafter specifically provided, no plumbing shall be installed,
altered, or repaired until a permit to do so has first been obtained pursuant to this
bylaw.
22.2
No permit shall be required for the repair of leaks in water pipes or the replacing
of plumbing fixtures, provided that such fixtures and the installation thereof
conform with all other requirements of this bylaw and the provincial Plumbing
Code, or for the removal of stoppages in sewer or drain pipes, provided that clean-
outs are utilized for such purpose and it is not necessary to cut any sewer or drain
pipe.
22.3
No person shall cover or conceal any part of a plumbing system unless it has been
firstly approved by the Building Official as set out in Section 17.4 of this bylaw.
22.4
All plumbing shall be installed in accordance with the British Columbia Plumbing
Code in effect.
23.
Swimming Pools
23.1
No person shall commence or continue any work related to the installation,
construction, or alteration of a swimming pool or related ancillary equipment unless
a valid permit has been obtained pursuant to this bylaw.
23.2
Fences:
23.2.1 Fences shall be constructed around the perimeter of swimming pools and
shall not be less than 1.5 metres (4.92 feet) high. The base of every fence
shall be not more than 100 millimetres (4 inches) above ground or adjacent
grade.
23.2.2 No horizontal or angled framing member shall be located on the outside of
the fence between 150 millimetres (6 inches) and 900 millimetres
(36 inches) above ground level or adjacent finished grade. Fences
composed of vertical members shall have no openings of a size which will
permit the passage of a spherical object having a diameter of
100 millimetres (4 inches). Fences composed of angle members shall
have no openings between adjacent members greater than 13 millimetres
(1/2 inch).
23.2.3 Notwithstanding the provisions of this section, standard chain link wire
mesh may be acceptable, provided that such fence is a minimum of
1.5 metres (4.921 feet) in height.
23.2.4 Access through required fences shall be by means of self-closing gates, so
designated as to cause the gates to become secured with self-latching
devices located on the swimming pool side of the fence and at a height of
Bylaw No. 7224 - Consolidated Version
Page 27
at least 1 metre (3.281 feet) above grade at the outside of the fence, or on
the outside of the fence at 1.5 metres (4.921 feet) above grade.
24.
Works and Services Required
24.1
The owner of land upon which a development is to take place and for which a
building permit is required shall provide Works and Services as a condition of the
issuance of the building permit, in accordance with the standards set out in
Schedule 'A' of the municipality's Subdivision Control Bylaw, as amended or
replaced, on that portion of a highway immediately adjacent to the site being
developed, up to the centre line of the highway, as follows:
24.1.1 Highways: Highways shall be constructed or reconstructed as follows:
24.1.1.1
Where finished road grades have been or can be established
on the highway fronting the site being developed, the street
shall be constructed to the full standard for the classification of
highway up to the centre line of the highway, including curb and
gutter. Unless otherwise provided for in this section, the total
width of the traveled asphalt surface shall not be less than 7.5
metres.
24.1.1.2
Where finished grades have not been established, the standard
for highway construction required in Section 24.1.1.1 of this
bylaw may be reduced by the Municipal Engineer.
24.1.2 Sidewalks (Concrete): Concrete sidewalks shall be constructed where the
following criteria apply:
24.1.2.1 finished sidewalk grades can be established on the highway
fronting the site being developed; and
24.1.2.2 the sidewalk will form part of a pedestrian traffic route.
24.1.3 Sidewalks (Asphalt): Asphalt walking shoulders shall be constructed where
the following criteria apply:
24.1.3.1 finished concrete sidewalk grades cannot be established on the
highway fronting the site being developed, and an asphalt
walking shoulder will form part of a pedestrian route; and
24.1.3.2
where required, an asphalt walking shoulder shall not be less
than 1.5 metres in width. Sub-base, base and asphalt
materials, and structure shall be in accordance with the
requirements for an urban street.
24.1.4 Boulevards: Boulevards shall be constructed within highway rights-of-way
immediately adjacent to the site being developed.
24.1.5 Ornamental Lighting: An ornamental street lighting system shall be
provided where the following criteria apply:
Bylaw No. 7224 - Consolidated Version
Page 28
24.1.5.1
where an ornamental streetlight system will form part of an
extension of an existing ornamental system in a highway
fronting the site being developed; and
24.1.5.2
where an ornamental streetlight system can be extended along
the highway abutting the site being developed with future
development of adjacent land.
24.1.6 Storm Drainage: A piped storm sewer system shall be constructed where
the following criteria apply:
24.1.6.1
finished grades, alignments and sizing can be determined;
24.1.6.2
there is an existing piped storm sewer system to which
connection can be made; or
24.1.6.3
there are drainage problems which cannot be resolved by the
construction of ditches or works, other than piping.
24.1.7 Water Distribution:
24.1.7.1
The water distribution system shall be extended where the
following criteria apply:
24.1.7.1.1 The building development on the site being
developed
requires
water
service
and/or
fire hydrants; and
24.1.7.1.2 The water distribution system is designed to be
extended
in
the
highway
fronting
the
site
being developed.
24.1.7.2
If the existing water distribution system was designed to be
extended along that side of the highway which abuts the site
being developed, then the water system should be extended the
full frontage of the site being developed.
24.1.7.3
If the existing water distribution system was designed to be
extended along the opposite side of the highway from the site
being developed, or the water distribution system will not serve
lands beyond the site being developed, the system shall be
extended sufficiently to provide a service connection to the site
being developed.
24.1.8 Sanitary Sewers:
24.1.8.1
The sanitary sewer system shall be extended where the
following criteria apply:
24.1.8.1.1 The site development requires a sanitary sewer
service; and
Bylaw No. 7224 - Consolidated Version
Page 29
24.1.8.1.2 The sanitary sewer system is designed to be
extended in the existing highway fronting the site
being developed.
24.1.8.2
If the sanitary sewer system was designated to be extended
along that side of the highway which abuts the site being
developed, then the sewer system should be extended the full
width of the site being developed.
24.1.8.3
If the sanitary sewer system was designed to be extended along
the opposite side of the highway from the site being developed,
or the sanitary sewer system will not serve lands beyond the
site being developed, the system shall be extended sufficiently
to provide a connection to the parcel being developed.
25.
Exemptions to Works and Services (7224.02)
25.1
The requirements in Section 24 shall not apply where:
25.1.1
the construction will take place on a parcel of land which is zoned:
25.1.1.1
"I-1" (Highway Industrial) and the value of construction does not
exceed $150,000;
25.1.1.2
"I-2" (Light Industrial) and the value of construction does not exceed
$250,000;
25.1.1.3
"I-3" (High Tech Industrial); or
25.1.1.4
"I-4" (Industrial).
25.1.2
the construction will result in the addition to an existing building and
the additional floor area will not exceed 25% of the existing floor
area of the building, or a maximum of 600 square meters, whichever
is lesser;
25.1.3
the construction will result in the creation and/or location of no more
than a total of four residential units on the site being developed; or
25.1.4
the construction will not result in an increase in floor area to an
existing building or structure.
25.2
Where the construction will take place on a parcel which is zoned for industrial use
as set out in City of Nanaimo Zoning Bylaw as amended or replaced or for which
approval for industrial development has been granted by way of a land use
contract, the Works and Services required under Sections 24.1.2, 24.1.3 and
24.1.4 shall not apply.
25.3
For the purposes of this section, any construction of or to a building shall be
deemed to include construction for which a permit was issued within the 24 months
immediately preceding the application for a permit.
Bylaw No. 7224 - Consolidated Version
Page 30
26.
General
26.1
All Works and Services required under this bylaw shall be designed by a
Professional Engineer registered in the province of British Columbia.
26.2
Upon completion of all required Works and Services, the owner shall submit "As
Constructed" drawings and "Certification of the Works" installed, both completed
by a Professional Engineer in accordance with the requirements of the Standards
set out in Schedule 'A' of the municipality's Subdivision Control Bylaw and to the
satisfaction of the Building Official. All aspects of the work shall meet the
requirements of the standards contained in Schedule 'A' of the municipality's
Subdivision Control Bylaw as amended or replaced.
26.3
The Works and Services required by this bylaw shall be provided, located, and
constructed at the expense of the owner of the land proposed to be subdivided.
26.4
All Works and Services constructed under Sections 24, 25 and 26 of this bylaw
shall, upon their acceptance by the municipality, become the property of the
municipality, free and clear of all encumbrances.
27.
Bonding (7224.02)
27.1
An owner required to install Works and Services must deposit security for the
proper completion of the Works and Services in the form of a cash deposit, certified
cheque, or a standby irrevocable letter of credit.
27.2
The security shall be in the amount of 110% of the cost of engineering, surveying,
construction, and installation of the Works and Services required to be installed,
as determined by the Municipal Engineer.
27.3
If the owner requests issuance of a building permit prior to completion of
construction and the installation of all Works and Services required to be installed
by and at the expense of the owner, the owner shall enter into an Agreement with
the municipality prior to issuance of the building permit.
27.4
The owner shall be responsible for maintaining and correcting the Works and
Services against any defects arising from installation, materials, workmanship, or
engineering design which may appear within a period of one year from the date of
Substantial Completion of the Works and Services.
27.5
Defects discovered during the maintenance period referred to in Section 27.4 shall
be rectified to the satisfaction of the Municipal Engineer by replacing faulty
materials, correcting failed work or taking other necessary steps specified by the
Municipal Engineer to rectify the defect. The same one-year maintenance period
shall apply to such replacement materials or rectified work, and the maintenance
period for the rectified defect shall begin on the date the Municipal Engineer
accepts such replacement materials or rectified defects. If it is discovered by use,
tests, or inspection of the Works and Services prior to the end of a maintenance
period that a deficiency or defect exists in the materials, workmanship, or design
in respect of the Works and Services, the owner shall arrange to rectify the
deficiency or defect within a reasonable time frame acceptable to the Municipal
Bylaw No. 7224 - Consolidated Version
Page 31
Engineer. In the event that this work, in the opinion of the Municipal Engineer,
must be done immediately to prevent injury or loss of life, or injury or serious
damage to property, the municipality may perform or cause to be performed the
necessary work and will notify the owner accordingly.
27.6
Work required during the maintenance period shall, except as otherwise provided
herein for emergencies, be carried out by the owner or his representative within
10 days of the Municipal Engineer's written instruction to perform the work. In the
event that this work is not done by the owner within the 10-day period, or such
period as may be approved by the Municipal Engineer, the Municipal Engineer is
authorized to take whatever action is necessary to have the work completed at the
cost of the owner.
27.7
The owner shall pay on written demand from the municipality all costs incurred by
the municipality resulting from the performance by the municipality, or contractors
on the municipality's behalf, of work during the maintenance period under Sections
27.5 and 27.6 of this bylaw, subject to the municipality's right to draw down on the
security deposited with the municipality under Section 27.1 of this bylaw.
27.8
The municipality shall hold security deposited for the maintenance period and may
from time to time draw down on the security to pay for costs incurred by the
municipality to do work under this section.
27.9
If the security deposited under this bylaw is insufficient to cover the costs incurred
by the municipality to do work during the maintenance period, the owner shall pay
to the municipality the amount of such difference immediately on written demand.
27.10 At the termination of the maintenance period, the municipality shall return to the
owner the security or any amount remaining in the security to the extent that such
amount may not be retained by the municipality under Section 27.8 of this bylaw."
28.
Establishing Fire Limit Areas
28.1
For the purpose of regulating the construction of certain buildings for precautions
against fire, those areas of the city of Nanaimo located in commercial, industrial,
mixed-use, public, institutional, mobile home park, and residential multiple zones
established in the City of Nanaimo's Zoning Bylaw as amended or replaced are
established as fire limit areas.
28.2
Except as provided otherwise in the bylaw, where an owner of land within a fire
limit constructs or causes construction to a building, the owner shall install a fire
sprinkler system throughout the entire building. A building permit will not be issued
for such construction unless the applicant for the building permit submits a design
drawing showing the location where fire sprinklers will be installed. The sprinkler
system shall be installed and maintained to standards as set out in the British
Columbia Building Code or to the required standards of the National Fire Protection
Association (NFPA) current as of the date of the permit.
28.3
For the purposes of this section, any construction of or to a building shall be
deemed to include construction for which a building permit was issued within the
24 months immediately preceding the application for a permit.
Bylaw No. 7224 - Consolidated Version
Page 32
28.4
The requirements in Sections 28.2 shall not apply where:
28.4.1 the construction will result in the creation and/or location of no more than a
total of two residential units on the parcel; or
28.4.2 the construction will result in only fully detached single dwelling units on the
property; or
28.4.3 the construction will consist only of alterations to an existing building or
structure and the value of construction will not exceed 50% of the current
assessed value of the building, as determined by the BC Assessment
Authority, or the current appraised value of the building, as determined by
a member of the British Columbia Branch of the Appraisal Institute of
Canada; or
28.4.4 the construction will result in the addition to an existing building that will not
exceed 25% of the existing floor area of the building or a maximum gross
floor area of 200 square metres, whichever is the lesser; where
construction will result in a non-combustible addition to a non-combustible
building that will not exceed 25% of the existing floor area of the building,
or a maximum gross floor area of 600 square metres, whichever is lesser;
28.4.5 the construction will result in the construction of a detached building(s)
having a total gross floor area of less than 100 square metres; or
28.4.6 the construction will result in an unoccupied mechanical building not
exceeding 300 square metres; or a non-combustible building used only for
a car wash which does not exceed 300 square metres; or stand-alone
greenhouses that are utilized only for food production or decorative plants
not exceeding 300 square metres; or a non-combustible building used only
for storing and processing of steel, salt, or rock products; or a fabric-
covered building in Industrial Zones (I-1, 1-2, I-3, 1-4) used for storage,
processing, or manufacturing where a registered professional specializing
in building codes, alternative solutions, and fire science has submitted in a
report that provides specifications to minimize the fire hazard in and around
the structure; or
28.4.7 non-combustible canopies over gasoline pumps or other areas where
flammable liquids are handled.
29.
BC Energy Step Code / BC Zero Carbon Step Code (7224.02, 7224.05)
29.1
Any new building or structure to which Part 3 or Part 9 of the Building Code applies,
and is within the scope of the application of the Zero Carbon Step Code, as
described in the Building Code, must be designed and constructed to meet
performance requirements specified in EL-1 (measure only) of the Zero Carbon
Step Code.
29.2
In the case of a building permit submitted after 2024-JUL-01, a new building or
structure to which Part 3 or Part 9 of the Building Code applies, and which is within
Bylaw No. 7224 - Consolidated Version
Page 33
the scope of the Zero Carbon Step Code, must be designed and constructed to
meet performance requirements specified in EL-4 (Zero Carbon Performance) of
the Zero Carbon Step Code
29.3
In the case of a building permit submitted after 2026-JAN-01, a new building or
structure to which Part 3 of the Building Code applies, and which is within the scope
of the Energy Step Code as described in the BC Building Code, must be designed
and constructed to meet the performance requirements specified in Step 3 of the
BC Energy Step Code."
29.4
When an Energy Advisor or an architect, as required, provides energy reports or
field reviews in accordance with this bylaw, the City will rely solely on field reviews
undertaken by the Energy Advisor or architect and the reports submitted pursuant
to this bylaw as assurance that the construction or applicable aspect thereof
substantially conforms to the design, and that the construction or applicable aspect
thereof substantially complies with the Building Code, this bylaw, and other
applicable enactments respecting energy efficiency and greenhouse gas
emissions.
29.5
With respect to a building permit for a building or structure that falls within the
scope of Part 9 of the Building Code, the owner must provide, to the satisfaction
of the Building Official, all the materials and documentation required by the BC
Energy Step Code and BC Zero Carbon Step Code, prepared and signed by an
Energy Advisor or Registered Professional, and such other reports and materials
as required by the Building Official.
29.6
The Energy Advisor, providing the required materials and documentation set out
in the BC Energy Step Code and BC Zero Carbon Step Code, must provide
evidence to the Building Official that they are an Energy Advisor registered and in
good standing with Natural Resources Canada in accordance with the EnerGuide
Rating System Administrative Procedures and adheres to the technical standards
and procedures of the ERS.
29.7
For certainty, and notwithstanding Sections 29.5 above, where a registered
professional is required under this bylaw, in respect of a building permit for a
building or structure that falls within the scope of Part 3 or Part 9 of the Building
Code, the professional design and field review shall include the materials and
documentation required by the applicable step of the BC Energy Step Code and
BC Zero Carbon Step Code, and such other reports and materials as required by
the Building Official.
30.
Penalties and Enforcement (7224.02)
30.1
Any Person who causes permits or allows anything to be done in contravention or
violation of this Bylaw, or who neglects or fails to do anything required to be done
pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon
summary conviction to pay a fine of not more than $50,000, plus the costs of
prosecution, and any other penalty or remedy available under the Community
Charter and Offence Act. (7224.06)
Bylaw No. 7224 - Consolidated Version
Page 34
30.2(a) This Bylaw may be enforced by bylaw notice pursuant to the Bylaw Notice
Enforcement Bylaw 2012 No. 7159, as amended or replaced. (7224.06)
30.2(b) Each day that an offence continues or exists shall constitute a separate offence.
(7224.06)
30.3
A Building Official may order the cessation of any work that is proceeding in
contravention of the Building Code or this bylaw by posting a Stop Work Order in
a form prescribed from time to time by the municipality.
30.4
The owner of property on which a Stop Work Order has been posted, and every
other person, shall cease all construction work immediately and shall not do any
work until all applicable provisions of this bylaw have been substantially complied
with and the Stop Work Order has been rescinded in writing by a Building Official.
30.5
Where a person occupies a building or structure or part of a building or structure
in contravention of Section 6.2 of this bylaw, a Building Official may post a Do Not
Occupy notice in a form prescribed from time to time by the municipality.
30.6
The owner of property on which a Do Not Occupy notice has been posted, and
every person, shall cease occupancy of the building or structure immediately and
shall refrain from further occupancy until all applicable provisions of the
Building Code and this bylaw have been substantially complied with and the
Do Not Occupy notice has been rescinded in writing by a Building Official.
30.7
Every person who commences work requiring a building permit without first
obtaining such permit shall pay to the municipality double the building permit fee
prescribed by the Fees and Charges Bylaw.
31.
Severability
31.1
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.
32.
Repeal
City of Nanaimo "Building Bylaw 2003 No. 5693" and amendments thereto, are hereby
repealed.
33.
(Removed by 7224.06)