Nelson, British Columbia
· No. 3456
· adopted 2019-07-08
· summary & facts
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SUMMARY:
The Building bylaw is a bylaw to regulate construction and administer the British Columbia
Building Code in the City of Nelson in accordance with the Community Charter and the
Building Act.
This bylaw is a "consolidated" version and includes amendments up to the date listed in
the bylaw heading. It is placed on the Internet for convenience only, is not the official or
legal version, and should not be used in place of certified copies which can be obtained
through the Administration office at City Hall. Plans, pictures, other graphics or text in the
legal version may be missing or altered in this electronic version.
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City of Nelson Building Bylaw 3456, 2019
THE CORPORATION OF THE CITY OF NELSON
BYLAW NO. 3456, 2019
REVISED: August 18, 2026
BEING A BYLAW TO REGULATE THE CONSTRUCTION, ALTERATION, REPAIR,
OR DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF NELSON
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CONTENTS
PART 1 - TITLE ................................................................................................................. 2
PART 2 - DEFINITIONS ................................................................................................... 2
PART 3 - PURPOSE OF BYLAW ..................................................................................... 7
PART 4 - SCOPE & EXEMPTIONS ................................................................................. 8
PART 5 - PROHIBITIONS ................................................................................................. 9
PART 6 - PERMIT CONDITIONS ................................................................................... 10
PART 7 - POWERS OF A BUILDING OFFICIAL............................................................ 11
PART 8 - OWNER'S RESPONSIBILITIES ..................................................................... 12
PART 9 - OBLIGATIONS OF THE CONSTRUCTOR ..................................................... 15
PART 10 - REGISTERED PROFESSIONAL'S RESPONSIBILITIES ............................. 16
PART 11 - BUILDING APPLICATION REQUIREMENTS .............................................. 18
PART 12 - RETAINING WALLS AND GRADES ............................................................ 37
PART 13 - BUILDING MOVE ......................................................................................... 37
PART 14 - NUMBERING OF BUILDINGS ...................................................................... 38
PART 15 - POOLS ......................................................................................................... 38
PART 16 - ENERGY CONSERVATION AND GHG EMISSION REDUCTION ............... 39
PART 17 - ACCESS ROUTE FOR FIRE VEHICLE ....................................................... 39
PART 18 - OFFENCES .................................................................................................. 40
PART 19 - SEVERABILITY ............................................................................................ 41
PART 20 - REPEAL........................................................................................................ 41
PART 21 - APPENDICES ............................................................................................... 41
PART 22 - FORCE AND EFFECT .................................................................................. 41
Consolidated for Convenience to Include Bylaw No. 3487, 3508, 3570,
3580, 3654
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City of Nelson Building Bylaw 3456, 2019
THE CORPORATION OF THE CITY OF NELSON
Building Bylaw No. 3456, 2019
GIVEN that the Council of the City of Nelson:
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings
and structures under sections 8(3)(g) and (l) of the Community Charter for the
following under section 53(2):
(a)
the provision of access to a building or other structure, or to part of a building
or other structure, for a person with disabilities;
(b)
the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d)
the health, safety or protection of persons or property;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Nelson in accordance with the Community Charter and the
Building Act;
C. has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the City of Nelson, in open meeting assembled, enacts
as follows:
PART 1 - TITLE
1.1
This bylaw may be cited as "The Corporation of the City of Nelson Building
Bylaw No. 3456, 2019".
PART 2 - DEFINITIONS
2.1
Definitions in this bylaw
Accepted means reviewed by the building official under the applicable provisions
of the building code and this bylaw;
Addition means an alteration to any building which will increase the total aggregate
floor area or the building height (in storeys), and includes the provision of two or
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City of Nelson Building Bylaw 3456, 2019
more
separate
buildings
with
openings
between
each
other
for
intercommunication;
Agent includes a firm, corporation or other person representing the owner, by
written designation or contract, and includes a hired tradesperson or constructor
who may be granted a permit for work within the limitations of his or her licence;
Alternative solution means an alternative solution authorized under the building
code;
Alteration means a change, repair or modification of the construction or
arrangement of or use of any building or structure, or to an occupancy regulated
by this bylaw;
Architects Act means the Architects Act RSBC 1996, c. 17;
Building Code means the British Columbia Building Code as adopted by the
Minister responsible under provincial legislation, as amended or re-enacted from
time to time;
Building Official means the person designated in or appointed to that position by
the City, and includes a building inspector, plan checker, plumbing inspector
designated or appointed by the City, and for certainty the building official is the
"building inspector" referred to in the Community Charter, Local Government Act
and Building Act;
City means the Corporation of the City of Nelson;
Complex building means:
(a) a building used for a major occupancy classified as:
(i)
assembly occupancy;
(ii)
care occupancy;
(iii)
detention occupancy;
(iv)
high hazard industrial occupancy,
(v)
treatment occupancy; or
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City of Nelson Building Bylaw 3456, 2019
(vi)
post-disaster building,
(b) a building exceeding 600 square metres in building area or exceeding three
storeys in building height used for a major occupancy classified as:
(i)
residential occupancy;
(ii)
business and personal services occupancy;
(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy;
Coordinating registered professional means a registered professional retained
pursuant to the building code to coordinate all design work and field reviews of the
registered professionals required for a development;
Construct includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
Constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act
RSBC 1996, c. 116;
Existing, in respect of a building, means that portion of a building constructed prior
to the submission of a permit application required under this bylaw;
Foundation means a system or arrangement of foundation units through which the
loads from a building are transferred directly to supporting soil or rock and includes
any portion of the exterior walls of a building that lie below the finished grade
immediately adjacent to the building;
GHG means greenhouse gas;
Health and safety aspects of the work means design and construction regulated by
Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the building code; and subject to Parts
1 and 2 in relation to Parts 3 through 10, Division B;
Homeowner Protection Act means the current legislation in place by the
Homeowner Protection Office to regulate the construction of new homes built
within the Province of British Columbia:
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City of Nelson Building Bylaw 3456, 2019
Homeowner Protection Office is the current division of the Provincial government
of British Columbia regulating new home construction within the Province;
Owner means the registered owner in fee simple, or an agent duly authorized by
the owner in writing;
Permit means permission or authorization in writing by the building official to
perform work regulated by this bylaw and, in the case of a final inspection notice,
to occupy a building or part of a building;
Pool means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has a
depth, at any point, exceeding 0.6 m, including an in-ground pool;
Professional design means the plans and supporting documents bearing the date,
seal or stamp, and signature of a registered professional;
Project means any construction operation;
Retaining wall means a structure exceeding 1.2 metres in height that holds or
retains soil or other material behind it;
Simple building means a building of three storeys or less in building height, having
a building area not exceeding 600 square metres and used for a major occupancy
classified as:
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; or
(e) low hazard industrial occupancy,
Structure means a construction or portion of construction, of any kind, whether fixed
to, supported by or sunk into land or water, except landscaping, fences, paving
and retaining structures less than 1.2 metres in height;
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Temporary building includes a sales office, seasonal soft roofed storage buildings,
construction office or a structure in which tools are stored during construction of a
building or other structure;
Value of the work means that amount that is calculated as follows:
(a) for all construction, the greater of:
(i)
the declared value of the work; or
(ii)
the value calculated using a method stipulated in the "Marshall
Valuation Service".
(b) When the total construction fees for a project are based on the declared value
of the work:
(i)
a "Certificate of the Total Cost of Construction" may be required to be
submitted to the City, prior to a final inspection or occupancy of the
building; and
(ii)
if after completion of the work, for which the building permit was
issued, the actual cost of construction of the work exceeds the cost
that was used to calculate the building permit fee, the difference will
be recalculated and the building permit holder required to pay the City
an additional fee for the extra value of construction as determined in
the City's fees and charges bylaw.
2.2
Other Applicable Definitions
(a) The following words and terms have the meanings set out in section 1.4.1.2 of
the building code as of the date of the adoption of this bylaw: accessible
assembly occupancy, building, building area, building height, business and
personal services occupancy, care occupancy, constructor, coordinating
registered professional, designer, detention occupancy, excavation, field
review, firewall, first storey, grade, high hazard industrial occupancy, industrial
occupancy, low hazard industrial occupancy, major occupancy, medium hazard
industrial occupancy, mercantile occupancy, occupancy, post disaster
occupancy, private sewage disposal system, registered professional,
residential occupancy, treatment occupancy or unsafe condition.
(b) Subject to this bylaw, the following words and terms have the meanings set out
in the Schedule to the Community Charter: assessed value, highway, land,
occupier, parcel, public authority, service and soil.
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City of Nelson Building Bylaw 3456, 2019
(c) Subject to this bylaw, the following words and terms have the meanings set out
in section 29 of the Interpretation Act: may, must, obligation, person, property,
writing, written and year.
(d) Every reference to this bylaw in this or another bylaw of the City is a reference
to this bylaw as amended to the date of the reference.
(e) Every reference to
(i)
the building code is a reference to the current edition as of the date
of issuance of the building permit; and
(ii)
a section of the building code is a reference to the applicable
successor sections, as the code or section may be amended or re-
enacted from time to time.
2.3
Non Defined Terms
Definitions of words and phrases used in this bylaw that are not included in the
definitions in this Part have the meanings commonly assigned to them in the context
in which they are used in this bylaw, considering the specialized use of terms with
the various trades and professions to which the terminology applies.
PART 3 - PURPOSE OF BYLAW
3.1
Despite any other provision in this bylaw, this bylaw must be interpreted in
accordance with this Part.
3.2
Every permit issued under this bylaw is issued expressly subject to the provisions
of this Part.
3.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the City in the public interest.
3.4
The purpose of this bylaw does not extend to:
(a) the protection of owners, designers or constructors from economic loss;
(b) the assumption by the City or any building official of any responsibility for
ensuring the compliance by any owner, his or her representatives or any
employees, constructors or designers retained by the owner, with the building
code, the requirements of this bylaw, or other applicable enactments, codes or
standards;
(c) providing any person a warranty of design or workmanship with respect to any
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City of Nelson Building Bylaw 3456, 2019
building or structure for which a building permit or occupancy permit is issued
under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken
under building permits issued by the City is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
PART 4 - SCOPE & EXEMPTIONS
4.1
This bylaw applies to the geographical area of the City and to land, the surface of
water, air space, buildings or structures in the City.
4.2
This bylaw applies to the design, construction or occupancy of new or temporary,
and the alteration, reconstruction, demolition, removal, relocation or occupancy or
change of use or occupancy of existing buildings and structures.
4.3
This bylaw does not apply to:
(a) except as set out in Part 12 [Retaining Walls and Grades] of this bylaw, a fence;
(b) an accessory building less than 3 metres in height and with a floor area of less
than 10 square metres;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.2 metres in height,
or other similar landscape structures on a parcel zoned for single-family
residential occupancy uses under the City Zoning Bylaw;
(d) a building or structure commonly known as "Canadian Standards Association
Z240 MH series or Z241 series", except as regulated by the Building Code.
(e) a temporary or seasonal plastic, vinyl, or canvas covered structures used as
storage facilities or greenhouses less than 55 metres square and limited to one
storey.
4.4
Except as provided in the building code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has
been constructed before the enactment of this bylaw, the enactment of this bylaw
is not to be interpreted as requiring that the building must be reconstructed and
altered, unless it is expressly so provided by this or another bylaw, regulation or
statute.
4.5
This bylaw applies if the whole or any part of an existing building is moved either
within or into the City, including relocation relative to parcel lines created by
subdivision or consolidation.
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City of Nelson Building Bylaw 3456, 2019
4.6
If an alteration is made to an existing building the alteration must comply with
this bylaw and the building code and the entire building must be made to comply
with this bylaw and the building code, but only to the extent necessary to
address any new infractions introduced in the remainder of the building as a result
of the alteration.
4.7
If an alteration creates an addition to an existing building, the alteration or addition
must comply with this bylaw and the building code and the entire building must be
made to comply with this bylaw and the building code, but only to the extent
necessary to address any new infractions introduced in the remainder of the
building as a result of the alteration or addition.
PART 5 - PROHIBITIONS
5.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or occupancy of
any building or structure, including other work related to construction:
(a) except in conformity with the requirements of the building code and this bylaw;
and
(b) unless a building official has issued a valid and subsisting permit for the work
under this bylaw.
5.2
A person must not occupy or permit the occupancy of any building or structure or
part of any building or structure:
(a) unless a subsisting final inspection notice has been issued by a building official
for the building or structure or the part of the building or structure; or
(b) contrary to the terms of any permit issued or any notice given by a building
official.
5.3
A person must not knowingly submit false or misleading information to a building
official in relation to any permit application or construction undertaken pursuant to
this bylaw.
5.4
Except in accordance with this bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter or modify plans and
supporting documents after the same have been reviewed by the building official,
or plans and supporting documents which have been filed for reference with the
building official after a permit has been issued.
5.5
A person must not, unless authorized in writing by a building official, reverse, alter,
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City of Nelson Building Bylaw 3456, 2019
deface, cover, remove or in any way tamper with any notice, permit or certificate
posted or affixed to a building or structure pursuant to this bylaw.
5.6
A person must not do any work that is substantially at variance with the accepted
design or plans of a building, structure or other works for which a permit has been
issued, unless that variance has been authorized in writing by a building official.
5.7
A person must not interfere with or obstruct the entry of a building official or other
authorized official of the City on property in the administration of this bylaw.
5.8
A person must not construct on a parcel unless the civic address is conspicuously
posted on the front of the premises or on a sign post so it may be easily read from
the public street or highway from which it takes its address.
5.9
A person must not contravene an administrative requirement of a building official
made under section 7.6 or any other provision of this bylaw.
5.10 A person must not change the use, occupancy or both of a building or structure or
a part of a building or structure without first applying for and obtaining a building
permit under this bylaw.
PART 6 - PERMIT CONDITIONS
6.1
A permit is required if work regulated under this bylaw is to be undertaken.
6.2
Neither the issuance of a permit under this bylaw, nor the acceptance or review of
plans, drawings, specifications or supporting documents, nor any inspections made
by or on behalf of the City will in any way:
(a) relieve the owner (and if the owner is acting through an agent, the agent of the
owner) from full and sole responsibility to perform the work in respect of which
the permit was issued in strict compliance with this bylaw, the building code,
and all other applicable codes, standards and enactments;
(b) constitute a representation, warranty, assurance or statement that the building
code, this bylaw or any other applicable enactments respecting safety,
protection, land use and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship.
6.3
No person shall rely on any permit as establishing compliance with this bylaw or
assume or conclude that this bylaw has been administered or enforced according
to its terms.
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City of Nelson Building Bylaw 3456, 2019
6.4
Without limiting section 6.2(a), it is the full and sole responsibility of the owner (and
if the owner is acting through a representative, the representative of the owner) to
carry out the work in respect of which the permit was issued in compliance with the
building code, this bylaw and all other applicable codes, standards and enactments.
PART 7 - POWERS OF A BUILDING OFFICIAL
7.1
Words defining the authority of a building official are to be construed as internal
administrative powers and not as creating a duty.
7.2
A building official may:
(a) administer this bylaw, but owes no public duty to enforce or administer this
bylaw;
(b) keep records of applications received, permits, notices and orders issued,
inspections and tests made, and may retain copies of all papers and documents
connected with the administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of
construction or material used in the construction of a building or structure
complies with the requirements and provisions of this bylaw and the building
code; and
(d) direct that tests of materials, equipment, devices, construction methods,
structural assemblies or foundations be carried out, or that sufficient evidence
or proof be submitted by the owner, at the owner's sole expense, where such
evidence or proof is necessary to determine whether the material, equipment,
device, construction or foundation condition complies with this bylaw and the
building code.
7.3
A building official may refuse to issue a permit if the proposed work will contravene
the requirements of the building code or the provisions of this or any other bylaw of
the City, and must state the reason in writing.
7.4
A building official may revoke a permit if, in their opinion, the results of tests on
materials, devices, construction methods, structural assemblies or foundation
conditions contravene the building code or the provisions of this bylaw, or both, or
if all permits required under this bylaw have not been obtained.
7.5
Subject to section 16 of the Community Charter, a building official may enter on
property at any time to ascertain whether the requirements of this bylaw are being
met.
7.6
Subject to applicable enactments, a building official may by notice in writing require:
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City of Nelson Building Bylaw 3456, 2019
(a) a person who contravenes any provision of this bylaw to comply with that
provision within the time ordered;
(b) an owner to stop work on a building or structure, or any part of a building or
structure, if the work is proceeding in contravention of this bylaw, the building
code, or any other enactment of the City or other applicable enactments, or if
there is deemed to be an unsafe condition, and may enter on property to affix
or post a stop work order;
(c) an owner to remove or prevent any unauthorized encroachment on a public
parcel, a statutory right of way or easement, or a setback or yard required under
an enactment;
(d) an owner to remove any building or structure, or any part of a building or
structure, constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary
to this bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
(h) a person to cease any occupancy if any unsafe condition exists because of work
being undertaken but not complete and where the building official has not issued
a final inspection notice for the work;
(i) an owner to correct any unsafe condition; and
(j) an owner to correct any work that contravenes this bylaw, the building code, or
any other enactment.
7.7
Every reference to "owner" in section 7.6 includes a reference to the owner's agent
or constructor.
7.8
Every person served with a notice under this Part must comply with that notice:
(a) within the time ordered, or
(b) if no time is ordered, immediately.
PART 8 - OWNER'S RESPONSIBILITIES
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City of Nelson Building Bylaw 3456, 2019
8.1
Subject to Part 11 of this bylaw, every owner must apply for and obtain a permit,
prior to:
(a) constructing, repairing or altering a building or structure, including a pool or
retaining wall;
(b) moving a building or structure into or within the City;
(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or
chimney, whether attached to, part of or detached from a building;
(f) changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
8.2
Every owner must ensure that plans submitted with a permit application bear the
name, phone number, address and email address of the designer of the building
or structure.
8.3
Every owner shall submit the following documentation to the building official, prior
to applying for a Permit to renovate a building or structure, as required by Worksafe
BC regulations unless waived by the building inspector:
(a) a Hazardous Materials Assessment;
(b) a Clean Air Analysis Summary; and
(c) a copy of the Worksafe BC Inspection Report.
8.4
Every owner must:
(a) comply with the building code, the requirements of this bylaw and the conditions
of a permit, and must not omit any work required by the building code, this bylaw
or the conditions of a permit;
(b) ensure that all permits, all plans and specifications and supporting documents
on which a permit was based, all municipal inspection certificates, and all
professional field reviews are available at the site of the work for inspection
during working hours by the building official, and that all permits are posted
conspicuously on the site during the entire execution of the work; and
(c) prior to the issuance of a building permit, execute and submit to the City an
owner's undertaking in the form included in the current Building permit
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application form, where required by the building official.
8.5
Every owner and every owner's agent, must carry out construction or have the
construction carried out in accordance with the requirements of the building code,
this bylaw and other bylaws of the City and none of the issuance of a permit under
this bylaw, the review of plans and supporting documents, or inspections made by
a building official or a registered professional shall relieve the owner, or his or her
agent, from full and sole responsibility to perform the work in strict accordance with
this bylaw, the building code and all other applicable codes, standards and
enactments.
8.6
Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw. Every owner to whom a permit
is issued must, during construction:
(a) post the civic address on the property so that it may be easily read from the
public highway from which the property takes its address; and
(b) post the permit on the property so that it may be easily read from the public
highway from which the property takes its address.
8.7
Every owner to whom a permit is issued is responsible for the cost to repair any
damage to municipal works or land that occurs during and arises directly or
indirectly from the work authorized by the permit.
8.8
In addition to payment of a security deposit under sections 11.9 to 11.13, every
owner must pay to the City, within 30 days of receiving an invoice for same from the
City, the cost to repair any damage to public property or works located on public
property arising directly or indirectly from work for which a permit was issued.
8.9
Prior to obtaining a permit to demolish a building or structure, the owner must:
(a) provide to the City a vacancy date;
(b) pay capping and inspection chamber installation fees as set out in the City
bylaws governing waterworks and sewer; and
(c) ensure that all municipal services and other services are capped and terminated
at the property line in a City standard inspection chamber and valve
arrangement.
8.10 Every owner shall submit the following documentation to the building official, prior
to applying for a Demolition Permit to demolish a building or structure, as required
by Worksafe BC regulations:
(a) a Hazardous Materials Assessment;
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(b) a Clean Air Analysis Summary; and
(c) a copy of the Worksafe BC Inspection Report.
8.11 Every owner must ensure that, on completion of all demolition procedures, all debris
and fill are cleared and the site is leveled or graded, or made safe if leveling and
grading are not possible.
8.12 Every owner must, at least 2 business days' prior to commencing work at a building
site, give notice to a building official of the date on which the owner intends to begin
such work.
8.13 Every owner must give written or online notice to a building official of any change in
or termination of engagement of a registered professional, including a coordinating
registered professional, during construction, within 24 hours of when the change or
termination occurs.
8.14 If an owner or a registered professional terminates the engagement of the registered
professional, including a coordinating registered professional, the owner must
terminate all work under a building permit until the owner has engaged a new
registered professional, including a coordinating registered professional, and has
delivered to a building official new letters of assurance.
8.15 Without limiting sections 11.30 to 11.45, every owner must give at least 2 business
days' online or written notice to a building official:
(a) of intent to do work that is required or ordered to be corrected during
construction;
(b) of intent to cover work that is required under this bylaw to be, or has been
ordered to be, inspected prior to covering; and
(c) when work has been completed so that a final inspection can be made.
8.16 Every owner must give notice in writing to a building official immediately upon any
change in ownership or change in the address of the owner which occurs prior to
the issuance of an occupancy permit.
8.17 Every owner must give such other notice to a building official as may be required by
the building official or by a provision of this bylaw.
PART 9 - OBLIGATIONS OF OWNER'S CONSTRUCTOR
9.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the building code, this bylaw and all other applicable, codes,
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standards and enactments.
9.2
Every constructor must ensure that no excavation or other work is undertaken on
public property, and that no public property is disturbed, no building or structure
erected, and no materials stored thereon, in whole or in part, without first having
obtained approval in writing from the appropriate authority over such public property.
9.3
For the purposes of the administration and enforcement of this bylaw, every
constructor is responsible jointly and severally with the owner for all work
undertaken.
PART 10 - REGISTERED PROFESSIONAL'S RESPONSIBILITIES
10.1 The provision by the owner to the City of letters of assurance in accordance with
the requirements of the building code shall occur prior to:
(a)
the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building; or
(b)
a final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of the
building code, in which case the owner must provide the City with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to
in subsection 2.2.7, Division C, of the building code.
10.2 If a registered professional provides letters of assurance in accordance with the
building code, they must also provide proof of professional liability insurance to the
building official.
10.3 The owner must retain a registered professional to provide a professional design
and plan certification and letters of assurance in the form of Schedules A, B, C-A
and C-B referred to in subsection 2.2.7, Division C, of the building code, in respect
of a permit application:
(a)
prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex
building; or
(b)
prior to a final inspection for a simple building in circumstances where letters
of assurance have been required in accordance with the requirements of the
building code, in which case the owner must provide the City with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to
in subsection 2.2.7, Division C, of the building code;
(c)
except for garages, carports and garden structures, foundation and
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excavation components of new simple buildings and additions greater than
55 square metres to simple buildings in accordance with the building code;
(d)
for a building that is designed with common egress systems for the occupants
and requires the use of firewalls in accordance with the building code;
(e)
prior to alterations to a building, or to a structural component of a building
described in paragraph (b);
(f)
for a building in respect of which the building official determines that site
conditions, size or complexity so warrant in the interests of safety of persons
or protection of property under the building code;
(g)
if the building envelope components of the building fall under Division B Part
3 of the building code, the building contains more than two dwellings, or if the
building envelopes do not comply with the prescriptive requirements of
Division B Part 9 of the building code; and
(h)
for a parcel of land on which a building or structure is proposed if the building
official believes the parcel is or is likely to be subject to flooding, mud flows,
debris flows, debris torrents, erosion, land slip, rock falls, subsidence or
avalanche, and the requirement for a professional design is in addition to a
requirement under Division 8 of Part 3 of the Community Charter:
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the use
intended, and
(ii) that the plans submitted with the application comply with the relevant
provisions of the building code and applicable bylaws of the City.
10.4 The building official may require any registered professional carrying out the
professional design and field review required under section 10.3 to provide evidence
that they have experience and expertise in respect of the professional design and
field review of the context and scope required.
10.5 The letters of assurance in the form of Schedules A and B as referred to in
subsection 2.2.7, Division C, of the building code referred to in sections 10.1 and
10.3 are relied upon by the City and its building officials as certification that the
design and plans to which the letters of assurance comply with the building code,
this bylaw and other applicable enactment.
10.6 Letters of assurance must be in the form of Schedules A and B referred to in
subsection 2.2.7, Division C, of the building code.
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10.7 For a building permit issued for the construction of a building, the building official
shall provide the owner with a notice that the building permit is issued in reliance on
the certification of the registered professional that the professional design and plans
submitted in support of the application for the building permit comply with the
building code and other applicable enactments. Any failure on the part of the
building official to provide the owner with the notice will not diminish or invalidate the
reliance by the City or its building officials on the registered professionals.
10.8 If a building permit is issued for a construction of a building, the permit fee is reduced
by 5% of the fees payable in accordance with the Fees and Charges bylaw to this
bylaw, up to a maximum reduction of $500.00 (five hundred dollars).
PART 11 - BUILDING APPLICATION REQUIREMENTS (Amended by BL 3487)
11.1 Prior to issuance of a building permit, the owner must satisfy the following
requirements or conditions:
(a) the owner must apply for and obtain a development permit if the building or
structure is in an area designated by the City Official Community Plan as a
development permit area;
(b) the owner must ensure that the proposed building or structure complies with all
bylaws of the City, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of
Variance;
(c) an approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or structure
will be constructed;
(d) the owner must provide evidence to the building official showing that the person
applying for the building permit is either the owner of the parcel that is the subject
of the proposed building permit, or is the agent of the owner, in which case, the
agent must provide the name and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended
to be connected to the City sewage disposal system, the owner must apply for
and obtain approval from the City and other applicable public authorities for an
alternate private sewage disposal system;
(f) if the parcel that is the subject of the building permit application is not intended
to be connected to the City waterworks system, the owner must apply for and
obtain approval from the City and other applicable public authorities for an
alternate water supply system;
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(g) if the parcel that is the subject of the building permit application is not intended
to be connected to the City storm water drainage system, the owner must apply
for and obtain approval from the City and other applicable public authorities for
the alternate storm water drainage and detention system; and
(h) if all on site and off site works and services required by a City bylaw or other
enactment have not been completed in accordance with the enactments, the
owner must enter into a completion agreement with the City and deliver to the
City letters of credit or cash security for completion of the works and service.
11.2 An application for a building permit with respect to a complex building must:
(a) be made in the form as per the current building permit application form and
signed by the owner, or a signing officer if the owner is a corporation;
(b) include the owner's acknowledgement of responsibility and undertaking as
found in the current building permit application form and be signed by the owner,
or a signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d) include a building code compliance summary including the applicable edition of
the building code, such as without limitation whether the building is designed
under Part 3 or Part 9 of the building code, major occupancy classification(s) of
the building, building area and building height, number of streets the building
faces, and accessible entrances, work areas, washrooms, firewalls and
facilities;
(e) include a copy of a survey plan prepared by a British Columbia land surveyor;
(f) include a site plan prepared by a registered professional showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights
of way, easements and setback requirements, adjacent street and
lane names;
(iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
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(v)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed private or
other alternative sewage disposal system, water supply system or
storm water drainage system;
(viii) zoning compliance summary;
(ix)
the location, dimensions and gradient of parking and parking access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grade at building corners and significant breaks
in the building plan and proposed grade around the building faces in
order to ascertain foundation height;
(xii)
first storey floor elevation;
(xiii) location, setbacks and elevations of all retaining walls, steps, stairs
and decks;
(xiv) line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service
poles;
(xvi) location of existing and proposed service connections;
(xvii) location and species of all trees greater than 10 centimetres in
diameter;
(xviii) location of top of bank and water courses;
(xix) access routes for firefighting;
(xx)
accessible paths of travel from the street to the building;
(xxi) geodetic elevation of the underside of a wood floor system or the top
of a finished concrete slab of a building or structure where the City
land use regulations or provincial flood mapping regulations establish
siting requirements related to minimum floor elevation,
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except that the building official may waive, in whole or in part, the requirements
for a site plan, if the permit is sought for the repair or alteration of an existing
building or structure;
(g) include floor plans showing the dimensions and uses and occupancy
classification of all areas, including: the dimensions and height of crawl and roof
spaces; the location, size and swing of doors; the location, size and opening of
windows; floor, wall, and ceiling finishes; fire separations; plumbing fixtures;
structural elements; and stair dimensions;
(h) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and construction
systems;
(i) include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, natural and finished grade, spatial separations and
ridge height to comply with the building code and to illustrate that the building or
structure conforms with the City Zoning Bylaw and development permit;
(j) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and
2.2.9, Division C of the building code;
(l) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and ministry of health approvals;
(m) include a letter of assurance in the form of Schedule A referred to in subsection
2.2.7 Division C, of the building code, signed by the owner, or a signing officer
if the owner is a corporation, and the coordinating registered professional;
(n) include letters of assurance in the form of Schedule B referred to in subsection
2.2.7 Division C, of the building code, each signed by such registered
professionals as the building official or the building code may require
preparation of the design for and conduct field reviews of the construction of the
building;
(o) include two sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (k) of this
section; and
(p) include illustration of any slopes on the subject parcel that exceed 30%.
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11.3 In addition to the requirements of section 11.2 of this bylaw, a building official may
require the following to be submitted with a permit application for the construction of
a complex building if the complexity of the proposed building or structure or siting
circumstances warrant:
(a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional,
in accordance with the City Subdivision and Development Servicing Bylaw;
(b) a section through the site showing grades, buildings, structures, parking areas
and driveways; and
(c) any other information required by the building official or the building code to
establish substantial compliance with this bylaw, the building code and other
bylaws and enactments relating to the building or structure.
11.4 An application for a building permit with respect to a simple building must:
(a) be signed by the owner, or a signing officer if the owner is a corporation;
(b) include the owner's acknowledgement of responsibility and undertaking as
found in the current building permit application and be signed by the owner, or
a signing officer if the owner is a corporation;
(c) include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d) include a copy of a survey plan prepared by a British Columbia land surveyor
except that the building official may waive the requirement for a survey plan, in
whole or in part, where conditions warrant;
(e) include a site plan showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights
of way, easements and setback requirements, adjacent street and
lane names;
(iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
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(v)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed alternative
private or other sewage disposal system, water supply system or
storm water drainage system;
(viii) the location, dimensions and gradient of parking and parking access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at building corners and datum
determination points;
(xi)
first storey floor elevation;
(xii)
location, setbacks and elevations of all retaining walls, steps, stairs
and decks;
(xiii) line of upper floors;
(xiv) location and elevation of curbs, sidewalks, manholes and service
poles;
(xv)
location of existing and proposed service connections;
(xvi) location and species of all trees greater than 10 centimetres in
diameter;
(xvii) location of top bank and water courses;
(xviii) access routes for firefighting;
(xix) accessible paths of travel from the street to the building;
(xx)
zoning compliance summary; and
(xxi) the geodetic elevation of the underside of a wood floor system or the
top of a finished concrete slab of a building or structure where the City
land use regulations or provincial flood mapping regulations establish
siting requirements related to minimum floor elevation,
except that for a simply building the building official may waive, in whole or in
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part, the requirement for a site plan, if the permit is sought for the repair or
alteration of an existing building;
(f) include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl and roof spaces; the location, size and swing of
doors; the location, size and opening of windows; floor, wall, and ceiling finishes;
plumbing fixtures; structural elements; and stair dimensions;
(g) include a cross-section through the building illustrating foundations, drainage,
ceiling heights and construction systems;
(h) include elevations of all sides of the building showing finish details, roof slopes,
windows, doors, the grade, the maximum building height line, ridge height,
spatial separations and natural and finished grade to comply with the building
code and to illustrate that the building or structure conforms with the City zoning
and development permit;
(i) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
building code;
(j) include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and Ministry of Health approvals;
(k) except for garages, carports and garden structures located on land, include a
foundation and excavation design prepared by a registered professional in
accordance with the building code;
(l) include geotechnical letters of assurance, in addition to a required geotechnical
report, if the building official determines that the site conditions so warrant;
(m) include two sets of drawings at a suitable scale of design including the
information set out in (f) to (i) of this section; and
(n) include a building code compliance summary including the applicable edition of
the building code, such as, without limitation, whether the building is designed
under Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C of the
building code.
(o) the requirements of 11.4(k) may be waived by a building official if the foundation
and excavation design is in compliance with Division B Part 9 of the BC Building
Code.
11.5 In addition to the requirements of section 11.4 of this Part, if a project involves:
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(a) two or more buildings, the gross floor areas of which in the aggregate total more
than 1000 square metres;
(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting
circumstances warrant,
a building official may require the following be submitted with a permit application
for the construction of each simple building in the project:
(a) a section through the site showing grades, buildings, structures, parking areas
and driveways;
(b) a roof plan and roof height calculations;
(c) structural, electrical, plumbing, mechanical or fire suppression drawings
prepared and sealed by a registered professional;
(d) letters of assurance in the form of Schedule B referred to in Division C of the
building code, signed by a registered professional; and
(e) any other information required by the building official or the building code to
establish substantial compliance with this bylaw, the building code and other
bylaws and enactments relating to the building or structure.
11.6 Without limiting sections 11.2(f) or 11.4(d) of this Part, the building official may in
writing require an owner to submit an up-to-date plan or survey prepared by a
registered British Columbia land surveyor which contains sufficient information
respecting the site and location of any building to:
(a) establish, before construction begins, that all the provisions of this bylaw in
relation to this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other
applicable bylaws have been complied with;
(c) in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or
its relationship to neighbouring grades; and
(d) in relation to construction of a new building, or addition to an existing building,
prior to and after the placement of concrete for foundations and footings, show
the elevation at proposed top of concrete on all building elevations and at all
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significant changes of elevation to substantiate its size, location and elevation,
and every person served with a written requirement under this section must comply
with the requirement.
11.7 An application for a plumbing permit with respect to a building must:
(a) be signed by the owner, or a signing officer if the owner is a corporation or
applicant if they are a registered plumber;
(b) be accompanied by the owner's acknowledgment of responsibility and
undertaking and signed by the owner, or a signing officer if the owner is a
corporation;
(c) include:
(i)
a description of the work, including whether the permit is for a new
system or to alter an existing system;
(ii)
the number of new fixtures;
(iii)
plumbing plans and a plumbing schematic if required by the building
official; and
(iv)
in the case of sprinkler permits, detailed specifications and
calculations when required by the building official.
11.8 Before receiving a building permit for a building or structure, the owner must first
pay to the City:
(a) the building permit fee prescribed in the City Fees and Charges Bylaw; and
(b) any fees, charges, levies or taxes imposed by the City and payable under an
enactment at the time of issuance of the building permit.
11.9 An applicant for a building permit must pay to the City, at the time of the application,
the security deposit as determined in the City Fees and Charges Bylaw.
11.10 The security deposit sum set out in section 11.9 of this Part:
(a) covers the cost borne by the City to maintain, restore or replace any public works
or public lands which are destroyed, damaged or otherwise impaired in the
carrying out of the work referred to in any building permit held by the applicant;
(b) covers the cost borne by the City to make the site safe if the permit holder
abandons or fails to complete the work as designated on the permit;
(c) serves as the security deposit for provisional occupancy when such a final
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inspection notice makes provision for a security deposit; or
(d) serves as a security deposit to effect compliance with any condition under which
the permit was issued.
11.11 The security deposit or applicable portion must be returned to the applicant:
(a) when the Director of Public Works or designated alternate is satisfied that no
further damage to public works or public lands will occur;
(b) when the inspections required by this bylaw are complete and acceptable to the
Director of Public Works or designated alternate; and
(c) when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the Director of Public Works or designated
alternate.
11.12 Any credit greater than the amount of the security deposit used by the City for the
purposes described in sections 11.9 to 11.11 of this Part will be returned to the
permit holder unless otherwise so directed by the permit holder. Any amount in
excess of the security deposit required by the City to complete corrective work to
public lands, public works, or the site is recoverable by the City from the permit
holder, the constructor or the owner of the property.
11.13 If the proposed work includes excavation or construction on lands within 10 metres
of works or services owned by the City, the owner must deliver to the building
official a signed agreement in a form prescribed by the Director of Public Works or
designated alternate under which the owner acknowledges and agrees that any
damage to municipal works or services arising from the construction associated
with the building permit will be repaired by the owner at its expense and to the
satisfaction of the Director of Public Works or designated alternate, and the owner
must deposit with the City security in accordance with sections 11.9 to 11.12 of this
Part.
11.14 No fee or part of a fee paid to the City may be refunded if construction of the
building has started.
11.15 A building permit or other permit fee may be partially refunded as set out in the City
Fees and Charges Bylaw, only if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction
of the building or structure; and
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(c) the permit has not expired.
11.16 A building permit or other permit fee is not refundable after the permit has been
extended under section 11.47 of this Part.
11.17 If an issued building permit or other permit is active and the owner proposes
modification to the building design whereby the value of the work does not increase
or the value of the work decreases, the owner must pay to the City a building permit
fee based on the rate set out in the City Fees and Charges Bylaw.
11.18 The building permit or other permit fee at the discretion of the building official can
be doubled for every permit application if construction commenced before the
building official issued a permit, to a maximum of $1,000.00 additional charge.
11.19 A building permit or a mechanical permit application expires 180 days from the date
a complete application is received under this Part if the building permit or
mechanical permit is not issued by the application expiration date, unless the
permit is not issued only due to delays caused by the City.
11.20 If:
(a) a completed application in compliance with sections 11.2 and 11.3 or sections
11.4 and 11.5 of this Part, including all required supporting documentation, has
been submitted;
(b) the owner has paid all applicable fees set out in sections 11.8 to 11.18 of this
Part and the City Fees and Charges Bylaw;
(c) the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under
this bylaw;
(e) the owner has retained an architect if required under this bylaw; and
(f) no covenant, agreement, resolution or regulation of the City requires or
authorizes the permit to be withheld,
the building official must issue the permit, in the form currently in use for which the
application is made, and the date of issuance is deemed to be the date the City
gives notice to the owner that the permit is ready to be picked up by the owner.
11.21 Despite section 11.20, the building official may refuse to issue a permit when the
owner has been notified of a violation of this bylaw about the construction of
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another building or structure by the owner.
11.22 If the application is in respect of a building that includes, or will include, a residential
occupancy governed by the Homeowner Protection Act, the building permit must
not be issued unless the owner provides evidence under section 30(1) of the
Homeowner Protection Act, that the proposed building:
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed "residential builder" as defined in that Act.
11.23 Section 11.22 of this Part does not apply if the owner is not required to be licensed
and to obtain home warranty insurance in accordance with sections 20(1) or 30(1)
of the Homeowner Protection Act.
11.24 Every permit is issued subject to the owner and constructor maintaining compliance
with the Homeowner Protection Act and negotiations under it during the term of the
permit.
11.25 If a site has been excavated under a building permit for excavation issued under
this bylaw and a building permit is not subsequently issued or a subsisting building
permit has expired under section 11.46, but without the construction of the building
or structure for which the building permit was issued having commenced, the owner
must fill in the excavation to restore the original gradients of the site within 60 days
of being served notice by the City to do so.
11.26 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 11.47, permanent type
fencing with privacy screen complying with the City Zoning Bylaw, must be erected
around the building site for protection to the public.
11.27 A building permit or an application for a building permit that is in process may not
be transferred or assigned until the owner has notified the building official in writing,
and the building official has authorized the transfer or assignment in writing. The
transfer or assignment of a building permit is not an extension of a building permit.
11.28 The review of plans and supporting documents and issuance of a building permit
do not prevent the building official from subsequently requiring the correction of
errors in the plans and supporting documents, or from prohibiting building
construction or occupancy being carried on when in violation of this or another
bylaw.
11.29 If a registered professional provides letters of assurance in accordance with this
Part, the City will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this bylaw and the
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building code as assurance that the construction substantially conforms to the
design, plans and specifications and that the construction complies with the
building code, this bylaw and other applicable enactments respecting safety.
11.30 Despite section 11.29 of this Part, a building official may attend the site from time
to time during the course of construction to ascertain that the field reviews are
taking place and to monitor the field reviews undertaken by the registered
professionals.
11.31 A building official may attend periodically at the site of the construction of simple
buildings or structures to ascertain whether the work is being carried out in
substantial conformance with the building code, this bylaw and any other applicable
enactments concerning safety.
11.32 For all work in respect of simple buildings the owner must give at least 48 hours
notice to the City when requesting an inspection and must obtain an inspection
and receive a building official's written acceptance of the following aspects of the
work prior to concealing them:
(a) after demolition, the grading of and removal of debris from the site;
(b) foundation and footing forms, before concrete is poured;
(c) after installation of the perimeter drain tile and damp proofing is complete, but
before backfilling;
(d) prior to inspection under section 11.32(e), plumbing located below the finished
slab level;
(e) the preparation of ground, including ground cover when required, radon
mitigation preparation, perimeter insulation on inside of concrete foundation
walls and reinforcing steel and below slab insulation;
(f) installation of rough-in plumbing before it is covered;
(g) installation of building services before being covered;
(h) rough-in of factory built chimneys and fireplaces and solid fuel burning
appliances for new buildings only;
(i) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas
venting, exterior doors and windows, but prior to the installation of insulation,
interior finishes, sheathing paper or exterior finishes which would conceal such
work;
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(j) insulation and vapour barrier;
(k) construction of an exterior deck if the deck serves as a roof;
(l) on-site constructed tubs or showers and tub or shower trap tests;
(m) the installation of wall sheathing membrane, externally applied vapour or air
barrier, stucco wire or lath, and flashings, but prior to the installation of exterior
finishes which could conceal such work; and
(n) the health and safety aspects of the work and the conservation, GHG emission
reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
(o) reinforcing for insulated concrete foundation walls before concrete is installed
when a structural engineer is not retained.
11.33 A building official will only carry out an inspection under section 11.32 if the owner
or the owner's agent has requested the inspection in accordance with this bylaw.
11.34 Despite the requirement for the building official's acceptance of the work outlined
in section 11.32, if a registered professional provides letters of assurance, the City
will rely solely on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to this bylaw as assurance that the aspects
of the construction referenced by those letters of assurance substantially conform
to the design, plans and specifications and that the construction complies with the
building code, this bylaw and other applicable enactments respecting safety.
11.35 No person may conceal any aspect of the work referred to in section 11.32 of this
bylaw until a building official has accepted it in writing.
11.36 For work in respect of complex buildings, the owner must
(a) give at least 48 hours' notice to the City when requesting a preconstruction
meeting with the building official prior to the start of construction, and the owner
or his or her representative must ensure that the coordinating registered
professional, the constructor, as well as representatives of major trades, are in
attendance;
(b) give at least 48 hours' notice to the City when requesting a pre-occupancy
coordinated by the coordinating registered professional or other registered
professional to have the owner, the constructor and the registered professionals
demonstrate to the building official and Fire Services the compliance with the
health and safety aspects of the work, the coordination and integration of the
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fire and life safety system, applicable City requirements and other enactments
respecting safety and the conservation, GHG emission and accessibility aspects
of the work; and
(c) cause the coordinating registered professional, at least 48 hours prior to the pre-
occupancy coordinated site review coordinated by the coordinating registered
professional, to deliver to the building official all the required documentation.
11.37 The building official may direct the immediate suspension or correction of all or a
portion of the construction on a building or structure by attaching a stop work order
notice in the form described in Appendix A on the premises or by notifying the
owner in writing whenever it is found that the work is not being performed in
accordance with the requirements of the building code, any applicable bylaw of the
City or the applicable provisions of the Homeowner Protection Act.
11.38 The coordinating registered professional may request, in writing, that the building
official order the immediate suspension or correction of all or a portion of the
construction on a building or structure by attaching a stop work order notice on the
premises. The building official must consider such a request and, if not acted upon,
must respond, in writing, to the coordinating registered professional and give
reasons.
11.39 If a registered professional's services are terminated, the owner must immediately
stop any work that is subject to his or her design or field review and the building
official is deemed to have issued a stop work order under section 11.37.
11.40 The owner must immediately, after the posting of a notice under section 11.37,
secure the construction and the lands and premises surrounding the construction
in compliance with the safety requirements of every statute, regulation or order of
the Province or of a provincial agency and of every applicable bylaw of the City.
11.41 Subject to section 11.37, no work other than the required remedial measures may
be carried out on the parcel affected by the notice referred to in section 11.37 until
the stop work order notice has been removed by the building official.
11.42 The notice referred to in section 11.37 must remain posted on the premises until
that which is contrary to the enactments has been remedied.
11.43 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in
the form of Appendix B on the affected part of the building or structure.
11.44 If a notice is posted under section 11.43, the owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy
of the building or structure immediately and refrain from further occupancy until all
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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.
11.45 In addition to the fees required under other provisions of this bylaw, the owner must
pay the non-refundable fee set out in City Fees and Charges Bylaw for:
(a) a third and each subsequent re-inspection where it has been determined by the
building official that due to non-compliance with the provisions of this bylaw or
due to non-complying work, more than one site visit is required for any required
inspection;
(b) a special inspection during the City's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements
because of time, location or construction techniques; and
(c) inspection required under this bylaw which cannot be carried out during the
City's normal business hours.
11.46 Every permit is issued on the condition that the permit expires and the rights of the
owner under the permit terminate if:
(a) the work authorized by the permit is not commenced within 180 days from the
date of issuance of the permit;
(b) work is discontinued for a period of 180 days; or
(c) the work is not completed within two years of the date of issuance of the permit.
11.47 A building official may extend the period set out under section 11.46 for only one
period, not to exceed twelve months, if construction has not been commenced or
has been discontinued due to adverse weather, strikes, material or labour
shortages, other similar hardship beyond the owner's control, or if the size and
complexity of the construction warrants, if:
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in City Fees and Charges Bylaw has been paid.
11.48 The building official may revoke a building permit if there is a violation of:
(a) a condition under which the permit was issued; or
(b) a requirement of the building code or of this or another bylaw of the City,
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such permit revocation must be in writing and sent to the permit holder by mail to,
or personal service on, the permit holder.
11.49 A building permit, or a building permit application, may be cancelled by the owner,
or his or her agent, on delivery of written notification of the cancellation to the
building official.
11.50 On receipt of the written cancellation notice, the building official must mark on the
application, and a permit if applicable, the date of cancellation and the word
"cancelled".
11.51 If the owner, or his or her agent, submits changes to an application after a permit
has been issued and the changes, in the opinion of the building official,
substantially alter the scope of the work, design or intent of the application in
respect of which the permit was issued, the building official may cancel or amend
the permit and mark on the permit the date of cancellation or amendment and the
word "cancelled" or "amended".
11.52 No person may occupy a building or structure or part of a building or structure until
an occupancy inspection has been conducted by a building official and an
occupancy inspection notice has been issued.
11.53 A occupancy permit will not be issued unless:
(a) all letters of assurance have been submitted when required in accordance with
this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to sections
8.11 to 8.16 of Part 8 of this bylaw have both been inspected and accepted or
the inspections and acceptance are not required in accordance with this bylaw;
(c) if required the owner has delivered to the City as-built plans of works and
services in a format as required by the City;
(d) if required the owner has provided to the City a building survey prepared by a
British Columbia Land Surveyor showing the building height, size, location and
elevation determined in accordance with the City land use regulations;
(e) all other documentation required under applicable enactments has been
delivered to the City; and
(f) if required the owner has delivered to the City as-built drawings of the building
or structure in a format as required by the City.
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11.54 When a registered professional provides letters of assurance in accordance with
this bylaw, the City will rely solely on the letters of assurance when issuing a final
report authorizing occupancy as assurance that the items identified on the letters
of assurance substantially comply with the design, the building code, this bylaw
and other applicable enactments respecting safety.
11.55 A building official may issue a final inspection notice for partial occupancy of a
portion of a building or structure under construction when:
(a) that portion of the building or structure is self-contained and provided with
essential services respecting health and safety aspects of the work, and if
applicable, accessibility, GHG emissions and conservation; and
(b) the requirements set out in section 11.54 have been met with respect to it.
11.56 A final inspection notice may not be issued unless:
(a) all letters of assurance and required documentation have been submitted when
required in accordance with the requirements of this bylaw;
(b) all aspects of the work requiring inspection and review pursuant to Part 10 and
sections 11.29 through 11.36 of this bylaw have both been inspected and
accepted;
(c) the owner has executed and delivered to the City every agreement, instrument
or form required by the City in relation to the work or the site; and
(d) all required offsite works respecting safety have been completed.
11.57 Subject to the bylaws of the City and orders of Council, the building official may
issue a building permit for the erection or placement of a temporary building or
structure for occupancy if:
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the City Zoning Bylaw,
built in compliance with the building code and this bylaw, and connected, as
required by enactments, to City utility services.
11.58 An application for a building permit for the erection or placement of a temporary
building or structure must be made in the form of a building permit application,
signed by the owner or agent, and must include:
(a) plans and supporting documents showing the location and building height of the
building or structure on the parcel;
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(b) plans and supporting documents showing construction details of the building or
structure;
(c) a statement by the owner indicating the intended use and duration of the use;
(d) plans and supporting documents showing the proposed parking and loading
space;
(e) a written description of the project explaining why the building is temporary;
(f) a copy of an issued development permit, if required;
(g) in the case of a manufactured building, a CSA label in respect of manufacture
and, without limitation, a Quonset or other steel building must be certified in
accordance with CSA Standard A660;
(h) a report or drawing by an engineer, architect or designer confirming compliance
with the building code, this bylaw, the City Zoning Bylaw and other applicable
bylaws;
(i) security in the form of cash or a letter of credit for 10% of the value of the
temporary building, which security:
(i)
may be used by the City to remove the building after a time determined
by the Director of Development Services of the final inspection required
under this bylaw; or
(ii)
must be returned to the owner if the owner removes the temporary
building within a time determined by the Director of Development
Services of the final inspection of the temporary building required
under this bylaw; and
(j) in the case of a temporary building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code.
11.59 Before receiving a building permit for a temporary building or structure for
occupancy, the owner must pay to the City the applicable building permit fee set
out in the City Fees and Charges bylaw.
11.60 A permit fee for a temporary building or structure is not refundable.
11.61 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 City to
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demonstrate to the building official that the portion authorized to be constructed
substantially complies with this and other applicable bylaws and enactments and
the permit fee applicable to that portion of the building or structure has been paid.
The issuance of the building permit notwithstanding, the requirements of this bylaw
apply to the remainder of the building or structure as if the building permit for the
portion of the building or structure had not been issued.
11.62 During the time a building permit has been issued and remains valid under this
bylaw, the owner may be required to provide on the parcel of land in respect of
which the permit has been issued, sanitary facilities for the disposal of human
waste from individual persons who enter on the parcel in relation to the work
referred to in the permit, which facilities must be accessible and unlocked when
not occupied while work is being carried out on the parcel under this bylaw, and
every sanitary facility that is not connected to a:
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
by plumbing that complies with the Building Code and this bylaw, must be provided,
at all times the facility is required under this bylaw, with toilet paper, a locking door
for privacy, and ventilation, and must be kept in sanitary condition without leaking
beyond the facility and without overflowing within the facility. Such facilities must
be located so as not to create a nuisance to neighbouring parcels or highways.
PART 12 - RETAINING WALLS AND GRADES
12.1 No person may construct, or structurally repair, a retaining wall without a building
permit.
12.2 Except as certified by a professional engineer with expertise in geotechnical
engineering registered in the province of British Columbia, fill material placed on a
parcel, unless restrained by permitted retaining walls, must not have a surface slope
exceeding a ratio of one linear unit vertically to two linear units horizontally.
12.3 Without limiting section 12.2, no person may occupy a building unless the finished
grade complies with all applicable enactments.
PART 13 - BUILDING MOVE
13.1 No person may move a building or structure into or within the City:
(a) except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code;
and
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(b) a building permit has been issued for the building or structure.
PART 14 - NUMBERING OF BUILDINGS
14.1 Immediately upon issuance of a building permit governing the construction,
alteration or repair of a building, or prior to and during the occupancy of a building,
the owner or occupant must display the address number assigned to it by the City:
(a) on or over the entrance to the building or where landscaping or structures
obscure the visibility of a building entrance from the adjacent street or highway,
on the building property within sight of the adjacent street or highway; and
(b) until such time as the building is removed from the site or has been demolished.
14.2 Despite section 14.1, the Director of Development Services may renumber or alter
the assigned numbers in respect of any building on any parcel, including those
already in existence or numbered.
14.3 Without limiting sections 14.1 or 14.2, the building official must, on the issuance of
a building permit, designate a house number or set of house numbers related to the
building authorized by the permit. The owner or occupier must post the number or
numbers on the site immediately after obtaining the building permit and keep the
numbers posted in a conspicuous location at all times during construction.
14.4 Without limiting sections 14.1 through 14.3, on issuance of an occupancy permit,
the owner or occupier of the parcel must affix the numbers permanently in a
conspicuous place on the building such that the number is visible from an adjacent
street or highway that is not a lane.
PART 15 - POOLS
15.1 Without limiting section 5.1 of this bylaw, a person must not construct, or structurally
repair, a swimming pool without a valid building permit.
15.2 A swimming pool must be enclosed within a fence constructed without footholds or
grips that children may use to climb into the enclosed area, having a minimum height
of 1.22 metres and no openings greater than 100 millimetres at their greatest
dimension.
15.3 Access through a fence enclosing a swimming pool must be only through a self-
closing and self-latching gate designed and constructed or installed so as to cause
the gate to return to a closed position when not in use and secured by a latch located
on the swimming pool side of the gate.
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15.4 A person may not use or occupy a swimming pool unless the owner or occupier of
property on or in which a pool is located maintains every fence or cover required
under sections 15.2 to 15.3 in good order and without limitation maintains and
repairs in good order at all times all sagging gates, loose parts, torn mesh, missing
materials, worn latches, locks or broken or binding members.
15.5 A person may not obtain a valid and subsisting building permit for or use or occupy
a swimming pool without first delivering to the building official at the time of the
building permit application an opinion of a registered professional that the design of
the pool will not cause or result in leaks or other failures of the pool.
PART 16 - ENERGY CONSERVATION AND GHG EMISSION REDUCTION (amended by
Bylaw No. 3508, 2021; 3570, 2023; 3580, 2023; 3654, 2026)
16.1 In order to address the conservation of energy and the reduction of GHG
emissions, the City has adopted BCBC Sections 9.36.6, 9.37, 10.2 and 10.3 (the
British Columbia Energy Step Code and the British Columbia Zero Carbon Step
Code) in accordance with Sections 16.2,16.3, 16.4, and 16.5 of this Bylaw.
16.2
A building regulated under Part 9 of the BC Building Code must be designed and
constructed to achieve a minimum of Step 4 of the BC Energy Step Code and
Emissions Level 4 (EL-4) of the BC Zero Carbon Step Code.
16.3
A building regulated by Part 3 of the BC Building Code, fitting Group A occupancy
such as Schools other than Colleges, Libraries, Recreation Centres, Hospitals, or
Care Centres, must be designed and constructed to meet the minimum
performance requirements specified in Step 2 of the BC Energy Step Code.
16.4
A building regulated by Part 3 of the BC Building Code, fitting the occupancy of
Offices or Other Business & Personal Service (Group D), or Mercantile
Occupancies (Group E), must be designed and constructed to meet the minimum
performance requirements specified in Step 3 of the BC Energy Step Code and EL-
2 of the Zero Carbon Step Code.
16.5
A building regulated by Part 3 of the BC Building Code, fitting the occupancy of
Hotels and Motels or Other Residential (Group C) Occupancies, must be designed
and constructed to meet the minimum performance requirements specified in Step
3 of the BC Energy Step Code and EL-2 of the Zero Carbon Step Code.
PART 17 - ACCESS ROUTE FOR FIRE VEHICLE
17.1 Prior to the issuance of a building permit for a building under Part 9 of the building
code, the owner must satisfy the building official that the building or structure for
which the permit is issued will be served by a fire access route that satisfies the
following:
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(a) the width of an access route must be not less than 6 metres clear width and is
connected to public thoroughfare;
(b) the centerline radius of an access route must be 12 metres;
(c) the overhead clearance of an access route must be 5 metres;
(d) the gradient of the access route must not change more than the prescribed
formula for Part 3 buildings in the BC Building code and not more than 15% for
Part 9 buildings as per the City Subdivision and Development bylaw;
(e) the access route must comply with the bearing load and surface material
standards of the City Subdivision and Development Servicing Bylaw, as
amended or replaced from time to time; and
(f) the length above which a dead-end portion of an access route requires
turnaround facilities is 90 metres;
unless Nelson Fire & Rescue Services has determined in writing to the building
official, on a case by case basis, that reduced requirements will remain adequate for
emergency access purposes
PART 18 - OFFENCES
18.1 Without limiting Part 5 of this bylaw, every person who:
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this
bylaw; and
(c) neglects to do anything required to be done under any provision of this bylaw,
commits an offence and on summary conviction by a court of competent
jurisdiction, the person is subject to a fine of not more than $10,000.00, or a term
of imprisonment not exceeding three months, or both, in addition to the costs of
prosecution. Each day during which a violation, contravention or breach of this
bylaw continues is deemed to be a separate offence.
18.2 Every person who fails to comply with any order or notice issued by a building
official, or who allows a violation of this bylaw to continue, contravenes this bylaw.
18.3 An owner is deemed to have knowledge of and be liable under this bylaw in respect
of any construction on the parcel the owner owns and any change in the use,
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occupancy or both of a building or structure or part of a building or structure on that
parcel.
18.4 No person is deemed liable under section 18.3 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before
he or she became the owner of the parcel.
18.5 Nothing in section 18.4 affects:
(a) the City's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
18.6 The offences in the City Bylaw Notice Enforcement Bylaw are designated for
enforcement under the Local Government Bylaw Notice Enforcement Act.
18.7 The following persons are designated as bylaw enforcement officers under section
264(1)(b) of the Community Charter for enforcing the offences in the City Bylaw
Notice Enforcement Bylaw: building officials, fire inspectors and persons designated
by Council as bylaw enforcement officers.
PART 19 - SEVERABILITY
19.1 If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for any
reason declared invalid by a court of competent jurisdiction, the decision will not
affect the validity of the remaining portions of this bylaw.
PART 20 - REPEAL
20.1 The City "Building Regulation Bylaw No. 3202, 2011" and all amendments thereto
are hereby repealed in their entirety.
PART 21 - APPENDICES
21.1
Appendices "A" and "B" attached to this bylaw forms part of this bylaw.
PART 22 - FORCE AND EFFECT
22.1
This bylaw shall come into force and take effect on August 1, 2019.
READ A FIRST TIME the
24th day of June, 2019
READ A SECOND TIME the
24th day of June, 2019
READ A THIRD TIME the
24th day of June, 2019
FINALLY PASSED AND ADOPTED the 8th day of July, 2019.
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______John Dooley___
Mayor
______Sarah Winton___
Corporate Officer
CITY OF NELSON
BYLAW NO. 3456, 2019
Appendix A - Stop Work
Order CITY OF Nelson
BUILDING SERVICES
Suite 101, 310 Ward Street
Ph: (250) 352-8260
Email: [email protected]
STOP WORK ORDER
YOU ARE HEREBY NOTIFIED that the City considers construction activity on this property
in breach of its Building Bylaw No. 3456, 2019.
FURTHER CONSTRUCTION SHALL NOT CONTINUE until satisfactory corrections have
been made.
EVERY PERSON WHO FAILS TO COMPLY WITH THIS ORDER MAY, UPON
CONVICTION FOR AN OFFENCE AGAINST SAID BYLAW, BE LIABLE TO A
PENALTY AS STIPULATED IN THE BYLAW.
ADDRESS of PROPERTY
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DATE
INSPECTOR
NO PERSON MAY REMOVE, REVERSE, ALTER, COVER OR IN ANY WAY TAMPER WITH
THIS NOTICE WITHOUT AUTHORIZATION OF THE CITY
CITY OF NELSON
BYLAW 2019, NO. 3456
Appendix B - Do Not Occupy
City of Nelson
BUILDING
SERVICES
Suite 101, 310 Ward Street
Ph: (250) 352-8260
Email: [email protected]
NO OCCUPANCY
YOU ARE HEREBY NOTIFIED that the City considers occupancy of this property to be a
breach of its Building Bylaw No. 3456, 2019.
OCCUPANCY OF THIS PROPERTY IS PROHIBITED until further notice.
EVERY PERSON WHO FAILS TO COMPLY WITH THIS ORDER MAY,
UPON
CONVICTION FOR AN OFFENCE AGAINST SAID BYLAW, BE LIABLE TO A
PENALTY AS STIPULATED IN THE BYLAW.
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ADDRESS of PROPERTY
DATE
INSPECTOR
NO PERSON MAY REMOVE, REVERSE, ALTER, COVER OR IN ANY WAY TAMPER WITH
THIS NOTICE WITHOUT AUTHORIZATION OF THE CITY