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Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 1 OF 19
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 595 & Amendments thereto
A bylaw to regulate building in the Village of New Denver
******************************************************************************
WHEREAS Sections 8(3) and 53 of the Community Charter authorizes the Village of New
Denver, for the health, safety and protection of persons and property, to regulate buildings and other
structures by Bylaw;
AND WHEREAS the Province of British Columbia, under section 692 of the Local
Government Act, has adopted a Building Code to govern standards in respect of the construction and
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;
NOW THEREFORE THE Council of the Corporation of the Village of New Denver, in open
meeting assembled enacts as follows;
1.0
TITLE
1.1
This Bylaw may be cited for all purposes as the Village of New Denver Building
Bylaw No. 595, 2006
1.2
The Bylaw is divided into 25 sections and a decimal numbering system has been used
to identify its parts. The first number indicates the Section of the Bylaw; the second,
the Subsection in the Section; the third, the Article in the Subsection; the fourth, the
Sentence in the Article. A Sentence can be further broken down into Clauses
(indicated by numbers in brackets) as follows:
2.0
Section
2.4
Subsection
2.4.1
Article
2.4.1.3
Sentence
2.4.1.3 (1)
Clause
2.0
DEFINITIONS
2.1
In this Bylaw:
The following words and terms have the meanings set out in Subsection 1.1 of the
British Columbia Building Code: assembly occupancy, building, building area,
building height, business and personal services occupancy, care or detention
occupancy, constructor, coordinating registered professional, designer, farm
building, field review, high hazard industrial occupancy, industrial occupancy,
low hazard industrial occupancy, major occupancy, mercantile occupancy,
medium hazard industrial occupancy, occupancy, owner, registered
professional, and residential occupancy.
Adjacent Ground Level means the level of the ground surface, both underneath a
deck, building or structure, and for a minimum of 600 mm (2 ft) beyond the outside
perimeter of the deck, building or structure.
Building Code means the Building Regulations of British Columbia, as amended or
superseded from time to time, established pursuant to section 692 of the Local
Government Act.
Building Location Survey Certificate means a surveyed plan prepared by a British
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 2 OF 19
Columbia Land Surveyor, signed and sealed, indicating the location of buildings or
structures in relation to the property lines and or watercourse(s).
Building Official includes Building Inspectors, Plan Checkers and Plumbing
Inspectors appointed, employed or contracted by the Village of New Denver to
administer this Bylaw.
Complex Building means:
(a)
all buildings used for major occupancies classified as
(I)
assembly occupancy,
(ii)
care or detention occupancy,
(iii)
high hazard industrial occupancy, and
(b)
all buildings exceeding 600 square meters (6500 sq. ft.) in building area or
exceeding three storeys in building height and used for major occupancies
classified as
(I)
residential occupancy
(ii)
business and personal services occupancy,
(iii)
mercantile occupancy,
(iv)
medium and low hazard industrial occupancy.
Construct includes reconstruct, erect, alter, enlarge, add and remove.
Construction includes reconstruction, erection, alteration, enlargement, addition and
removal.
Council means the Council of the Village of New Denver.
Deck includes a sundeck and means a raised, open, unroofed platform.
Dwelling Unit means a self-contained set of habitable rooms containing living
quarters and kitchen and sleeping facilities designed and intended for occupancy by
only one family or household.
Final Inspection Report means the point at which all deficiencies in the health and
safety aspects of the work have been remedied to the satisfaction of the building
official.
Health and safety aspects of the work means design and construction regulated by
Part 3, Part 4, Part 7 and Subsections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18,
9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, and 9.34 of Part 9 of the Building
Code.
Lot means the smallest unit in which land is designated as a separate and distinct
parcel on a legally recorded subdivision plan or description filed in the Land Title
Office.
Manufactured Home means a building that is manufactured in a factory for
transport, assembly, and completion as a residence, including placement on a
foundation, and is certified as being constructed to the requirements of the CSA
National Standard CAN/CSA-Z240 or A277 but is not designed to be transported on
its own wheels or undercarriage.
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 3 OF 19
Modular Home means a detached dwelling unit conforming to the CAN/CSA
A277-90 standard which is completely constructed in a factory but is not designed to
be transported on its own wheels or undercarriage.
Open pole-type structure means a building or structure designed to be free
standing and without a perimeter foundation or walls and intended to be used for
sheltering the storage of hay or feed.
Owner means the registered owner in fee simple of real property for which a permit
is applied for or issued under this Bylaw.
Permit means a permit required by or issued under this Bylaw.
Plumbing System means a drainage, venting, fire protection or water system, or any
part thereof.
Pool means a constructed or prefabricated pool, existing or prospective, situated
wholly or in part above or below the adjacent ground level, used primarily for
swimming, bathing or wading, having a surface water area greater than 15 square
meters (160 sq. ft.), or a depth greater than 600 mm. (2 ft.) and which does not fall
under the jurisdiction of the Health Act for pools.
Pool area means the enclosed area around the perimeter of a pool to a maximum of
15 meters (50 ft.) from the edge of the water surface.
Recreational Vehicle means a vehicle, trailer, Park Model trailer, coach, house car,
structure or conveyance designed to travel or to be transported on the highway and
constructed or equipped to be used as a temporary living or sleeping quarters.
Standard building means a building of three storeys or less in building height,
having a building area not exceeding 600 square meters (6500 sq. ft.) and used for
major occupancies classified as
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies.
Structure means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land, but specifically excludes landscaping, fences, paving
and retaining structures less than 1.5 m (5 ft.) in height.
Temporary building means a building or any part thereof that will be used for a
period of time, not exceeding two years, and that has no permanent foundation or
construction associated with it, other than footings.
Village means Village of New Denver.
3.0
PURPOSE OF THIS BYLAW
3.1
This 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
Village in the general public interest. The activities undertaken by or on behalf of the
Village pursuant to this Bylaw are for the sole purpose of providing a limited and
interim spot checking function for reason of health, safety and the protection of
persons and property. It is not contemplated nor intended, nor does the purpose of
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 4 OF 19
this Bylaw extend to
3.2.1 the protection of owners, owner/builders or constructors from economic loss;
3.2.2 the assumption by the Village or any building official of any responsibility for
ensuring the compliance with the Building Code, the requirements of this
Bylaw or other applicable enactments respecting safety by any owner or any
employees, constructors or designers retained by the owner or his or her
representatives;
3.2.3 providing any person with a warranty of design or workmanship with respect
to any building or structure or plumbing system for which a building permit is
issued under this Bylaw:
3.2.4 providing a warranty or assurance that construction undertaken pursuant to
building permits issued by the Village is free from latent, or any defects.
3.2.5 providing a warranty to any person that construction is in compliance with the
Building Code, this Bylaw or any other enactment with respect to a building
or structure for which a permit is issued under this Bylaw.
4.0
PERMIT CONDITIONS
4.1
No person shall undertake work regulated by this Bylaw without a permit.
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 Village shall in any way relieve the owner or his or her representative from full
and sole responsibility to perform the work in strict accordance with this Bylaw, the
Building Code and other applicable enactments respecting safety.
4.3
It is the full and sole responsibility of the owner (and where the owner is acting
through a representative, the representative) to carry out the work, in respect of which
a permit is issued under this Bylaw, in compliance with the Building Code, this
Bylaw and other applicable enactments respecting safety.
4.4
The
4.4.1 issuance of a permit under this Bylaw,
4.4.2 acceptance or review of plans, drawings, specifications or supporting
documents, or
4.4.3 making of one or more inspections by or on behalf of the Village, does not
constitute in any way a representation, warranty, 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 is responsible for
making such determination.
4.6
An owner of the property for which a permit is issued must conform to all
requirements of this Bylaw and all other enactments and Village bylaws applicable to
the work for which the permit is issued.
5.0
SCOPE AND EXEMPTIONS
5.1
This Bylaw applies to
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 5 OF 19
5.1.1. all farm buildings on land assessed as farm status by the B.C. Assessment
Authority, except for the following:
5.1.1.1
open pole-type structures;
5.1.1.2
one-story buildings less than 40 sq. m (430 sq. ft.) in area
used for agricultural or horticultural purposes;
5.1.1.3
grain bins or silos;
5.1.2 the design, construction and occupancy of new buildings and structures, and
the alteration, reconstruction, demolition, removal, relocation, occupancy and
change of occupancy of existing buildings and structures;
5.1.3 the installation of a new or used solid fuel burning appliance, certified by a
recognized agency;
5.1.4 a newly installed new metal chimney certified by a recognized agency;
5.1.5 a newly constructed masonry chimney.
5.2
This Bylaw does not apply to
5.2.1 buildings or structures exempted by Part 1 of the Building Code except as
expressly provided herein;
5.2.2 buildings or structures less than 9.33 square meters (100 sq. ft.).
5.2.3 retaining structures less than 1.5 meters (5 ft.) in height;
5.2.4 decks without roofs having a difference in elevation to grade not exceeding
600 millimeters (2 ft.);
5.2.5 existing metal or masonry chimneys;
5.2.6 alterations or repairs of masonry chimneys or fireplaces, solid fuel burning
appliances, factory built chimneys or fireplaces and related equipment;
5.2.7 the repair or replacement of a valve, faucet, fixture or sprinkler head in a
plumbing system if no change in piping is required;
5.2.8 construction that is regulated under a Residential Rehabilitation Assistance
Program;
5.2.9 Structures, such as greenhouses and seasonal storage facilities, that are
constructed of a wood, steel or plastic frame covered with sheet polyethylene,
fabric, tarps or glass that are less than 28 square meters (300 sq. ft.) that are
intended to be used temporarily on a seasonal basis and may be removed
during the off season.
6.0
PROHIBITIONS
6.1
No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the occupancy of any building, structure or
plumbing system or other work related to construction unless a building official has
issued a valid and subsisting permit for the work.
6.2
No person shall occupy or use any new building or structure without first obtaining
an Occupancy Permit 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.
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 6 OF 19
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 by a building official, reverse, alter, deface, cover,
remove or in any way tamper with any notice, permit or certificate posted upon or
affixed to a building or structure pursuant to this Bylaw.
6.5
No person shall do any work that is substantially at variance with the accepted design
or plans of a building, structure or other works for which a permit has been issued,
unless a building official has accepted that variance.
6.6
No person shall obstruct the entry on property of a building official or other
authorized official of the Village in the administration of this Bylaw.
7.0
BUILDING OFFICIALS
7.1
A building official may
7.1.1 administer this Bylaw;
7.1.2 keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and retain copies of all documents related to the
administration of this Bylaw or make microfilm or digital copies of such
documents; and
7.1.3 establish, if requested to do so, whether the methods or types of construction
and types of materials used in the construction of a building or structure for
which a permit is sought under this Bylaw substantially conform to the
requirements of the Building Code.
7.2
A building official
7.2.1 may enter any land, building, structure, or premises at any 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 the officials=s status as a Village
building official.
7.3
A building official may order the suspension or correction of any work that
contravenes the Building Code or this Bylaw, if the contravention is revealed to the
building official on a visual inspection made during the course of carrying out that
official=s duties. For the purpose of this subsection, the building official is not
obliged to require any work to be uncovered or removed in order to determine if there
is a contravention.
8.0
APPLICATIONS
8.1
Unless the work is exempted under Section 5.0 of this Bylaw, every person must
apply for and obtain from the Village a
8.1.1 building permit before constructing or altering a building or structure;
8.1.2 building permit before installation of a Manufactured Home or Modular
Home;
8.1.3 plumbing permit before installation, alteration or remodelling of any
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 7 OF 19
plumbing is undertaken;
8.1.4 building permit before installation of a pool;
8.1.5 building permit before moving a building or structure;
8.1.6 building permit before demolition of all residential buildings and all other
buildings in excess of 300 meters squared (3,330. sq. ft.);
8.1.7 building permit prior to the construction, alteration or installation of a
masonry fireplace or the installation of a wood burning appliance or chimney;
8.2
An application made for building permits and all other permits issued under this
Bylaw must be in the form provided by the Village.
8.3
All plans submitted with permit applications must bear the name and address of the
designer of the building or structure.
8.4
For each building, structure or plumbing system to be constructed on a site, the owner
must obtain a separate building permit and be assessed a separate building permit fee
based on the value of that building or structure as determined in accordance with
Schedule "A" to this Bylaw.
9.0
APPLICATIONS FOR COMPLEX BUILDINGS
9.1
An application for a building permit with respect to a complex building must
9.1.1 be made in the form provided by the Village and signed by the owner making
the application or a signing officer if the owner is a corporation;
9.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form provided by the Village, signed by the owner,
or a signing officer if the owner is a corporation;
9.1.3 include a copy of a title search, accompanied by referenced covenants, made
within 30 days of the date of the application;
9.1.4 state the intended use of the building;
9.1.5 include a site plan prepared by a British Columbia Land Surveyor or by a
registered professional showing
9.1.5.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
9.1.5.2
the legal description and civic address of the parcel;
9.1.5.3
the location and dimensions of all statutory rights of way,
easements and setback requirements when required by the
building official;
9.1.5.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
9.1.5.5
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village's land use regulations establish
siting requirements related to flooding;
9.1.5.6
the existing and finished ground levels to an established
datum at or adjacent to the site and the geodetic elevation of
the underside of the floor system of a building or structure
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 8 OF 19
where the Village's land use regulations establish siting
requirements related to minimum Floor elevation; and
9.1.5.7
the location, dimension and gradient of parking and driveway
access;
9.1.6 contain sufficient information on building plans to determine compliance
with this bylaw, such as
9.1.6.1
floor plans showing
(I)
the dimensions and uses of all areas,
(ii)
the location, size and swing of doors,
(iii)
the location, size and opening of windows,
(iv)
floor, wall, and ceiling finishes,
(v)
plumbing fixtures
(vi)
structural elements, and
(vii)
stair dimensions;
9.1.6.2
a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction
systems;
9.1.6.3
elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and finished
grade;
9.1.6.4
cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure
substantially conforms to the Building Code;
9.1.6.5
copies of approvals, including, without limitation, highways
access permits when required by the Ministry of Highways
and Ministry of Health application approval;
9.1.6.6
letters of assurance in the form of Schedule "A" as referred to
in Section 2.6 of Part 2 of the Building Code, signed by the
owner, or a signing officer of the owner if the owner is a
corporation, and the coordinating registered professional.
9.1.6.7
letters of assurance in the form of Schedules B-1 and B-2 as
referred to in Section 2.6 of Part 2 of the Building Code, each
signed by such registered professionals as the building official
or Building Code may require to prepare the design for and
conduct field reviews of the construction of the building or
structure;
9.1.6.8
two sets of drawings at a suitable scale of the design prepared
by each registered professional and including the information
set out in Sentences 9.1.6.1 - 9.1.6.3 of the bylaw.
9.2
In addition to the requirements of Subsection 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 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional;
9.2.2 a section through the site showing grades, buildings, structures, parking areas
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 9 OF 19
and driveways;
9.2.3 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.
10.0
APPLICATIONS FOR STANDARD BUILDINGS
10.1
An application for a building permit with respect to a standard building must
10.1.1 be made on the form provided by the Village and signed by the owner making
the application, or a signing officer if the owner is a corporation;
10.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form provided by the Village, signed by the owner,
or a signing officer if the owner is a corporation;
10.1.3 include a copy of a title search, accompanied by referenced covenants, made
within 30 days of the date of the application;
10.1.4 state the intended use of the building;
10.1.5 include a site plan showing
10.1.5.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.1.5.2
the legal description and civic address of the parcel;
10.1.5.3
the location and dimensions of all statutory rights of way,
easements and setback requirements when required by the
building official;
10.1.5.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
10.1.5.5
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village of New Denver's land use
regulations establish siting requirements related to flooding;
10.1.5.6
the existing and finished ground levels to an established
datum at or adjacent to the site and the geodetic elevation of
the underside of the floor system of a building or structure
where the Village of New Denver's land use regulations
establish siting requirements related to minimum floor
elevation; and
10.1.5.7
the location, dimension and gradient of parking; unless a
building official has waived the requirements for a site plan,
in whole or in part, in circumstances where the permit is
sought for the repair or alteration of an existing building or
structure.
10.1.6 contain sufficient information on building plans to determine compliance
with this bylaw, such as
10.1.6.1
floor plans showing
(I)
the dimensions and uses of all areas;
(ii)
the dimensions and height of crawl and roof spaces;
(iii)
the location, size and swing of doors;
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 10 OF 19
(iv)
the location, size and opening of windows;
(v)
floor, wall, and ceiling finishes;
(vi)
plumbing fixtures; structural elements; and
(vii)
stair dimensions
10.1.6.2
a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction
systems;
10.1.6.3
elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and finished
grade;
10.1.6.4
cross-section details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure
substantially conforms to the Building Code;
10.1.6.5
copies of approvals including, without limitation, highway
access permits, when required by the Ministry of Highways,
and Ministry of Health application approval;
10.1.6.6
a foundation design prepared by a registered professional in
accordance with Section 4.2 of Part 4 of the Building Code,
accompanied by letters of assurance in the form of schedules
B-1 and B-2 as referred to in Section 2.6 of Part 2 of the
Building Code, signed by the registered professional; and
10.1.6.7
two sets of drawings at a suitable scale of the design including
the information set out in Sentences 10.1.6.1 - 10.1.6.4 of this
Bylaw.
10.1.7 The requirements of Sentence 10.1.6.6 may be waived by a building official
in circumstances where the building official has required a professional
engineer's report and the building permit is issued in accordance with Section
56(1) of the Community Charter.
10.1.8 The requirements of Sentence 10.1.6.6 may be waived by a building official
if documentation, prepared and sealed by a registered professional, is
provided assuring that the foundation design substantially complies with
Subsection 9.4.4 of Part 9 of the Building Code and the foundation
excavation substantially complies with Section 9.12 of Part 9 of the Building
Code.
10.1.9 The requirements of 10.1.6.6 may be waived by the building official if the
footings and foundation for the proposed building or structure are installed in
compliance with Section 9.15 of part 9 of the Building Code.
10.2
In addition to the requirements of Subsection 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,
which in the aggregate total more than 1000 square meters, or two or more buildings
that will contain four or more dwelling units, or otherwise where the complexity of
the proposed building or structure or siting circumstances warrant:
10.2.1 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional;
10.2.2 a section through the site showing grades, buildings, structures, parking areas
and driveways;
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 11 OF 19
10.2.3. a roof plan and roof height calculation;
10.2.4 structural, electrical, mechanical, plumbing or fire suppression drawings
prepared and sealed by a registered professional;
10.2.5 letters of assurance in the form of Schedules B-1 and B-2 as referred to in
Section 2.6 of Part 2 of the Building Code, signed by a registered
professional;
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 a building official may waive the requirements of Sentence 10.1.6.6 of this
bylaw if:
10.2.7.1
the Standard Building and the building site that are the subject
of the building permit application meet all the criteria
contained in Section 9.15 of Part 9 of the Building Code, and
10.2.7.2
the design and construction of the foundation of the building
conform to the requirements of Subsections 9.15.2 to 9.15.6
both inclusive, of the Building Code.
10.2.8 If, once the permit has been issued, the criteria and requirements referred to
in Sentence 10.2.7.1 and 10.2.7.2 are not complied with, the building official
may take one or more of the following actions or any other action deemed
necessary:
10.2.8.1
revoke the permit
10.2.8.2
refuse to permit occupancy of the building
10.2.8.3
impose the requirements of Sentence 10.1.6.6 of this bylaw.
11.0
PROFESSIONAL PLAN CERTIFICATION
11.1
The letters of assurance in the form of Schedules B-1 and B-2 referred in Section 2.6
of Part 2 of the Building Code and provided pursuant to Sentences 9.1.6.7 and
10.1.6.6, Article 10.2.5, and Subsection 16.1 of this Bylaw are relied upon by the
Village of New Denver and its building officials as certification that the design and
plans to which the letters of assurance relate comply with the Building Code and
other applicable enactments relating to safety of the building.
11.2
A building permit issued for the construction of a complex building, or for a standard
building for which a building official required professional design pursuant to Article
10.2.4 and letters of assurance pursuant to Article 10.2.5 and Sentence 9.1.6.7 of this
Bylaw must be in the form provided by the Village of New Denver.
11.3
A building permit issued pursuant to Subsection 11.2 of this Bylaw must include a
notice to the owner that the building permit is issued in reliance upon 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 Subsection 11.2 of this Bylaw
the permit fee must be reduced by 5% of the fees payable, up to a maximum
reduction of $500.00 (five hundred dollars).
12.0
FEES AND CHARGES
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 12 OF 19
12.1
In addition to applicable fees and charges required under other Bylaws, a permit fee,
calculated in accordance with Schedule "A" to this Bylaw, must be paid in full prior
to issuance of any permit under this Bylaw.
12.2
For complex buildings an application made for a building permit must be
accompanied by the appropriate plan-check deposit fee prescribed in Schedule "A" to
this Bylaw, which is non-refundable and must be credited against the building permit
fee when the permit is issued.
12.3
When an application is cancelled the plans and related documents submitted with the
application may be destroyed.
12.4
The owner may obtain a refund of the building permit fees paid as prescribed in
Schedule "A" to this Bylaw.
12.5
Where, due to non-compliance with this Bylaw, more than two inspections are
necessary when one inspection is normally required, for each inspection after the
second inspection, a re-inspection charge as prescribed in Schedule "A" to this Bylaw
must be paid prior to each additional inspection being performed.
13.0
BUILDING PERMITS
13.1
When
13.1.1 a completed application including all required supporting documentation has
been submitted;
13.1.2 the owner or his or her representative has paid all applicable fees set out in
Subsection 12.1 of this Bylaw;
13.1.3 the owner or his or her representative has paid all charges and met all
requirements imposed by any other enactment or bylaw; and
13.1.4 no covenant, agreement, or regulation in favour of the Village of New
Denver, or bylaw of the Village of New Denver or other enactment authorizes
the permit to be withheld;
a building official must issue the permit for which the application is made.
13.2
When the application is in respect of a building that includes, or will include, a
residential occupancy, the building permit must not be issued unless the owner
provides evidence pursuant to section 30(1) of the Homeowner Protection Act that
the proposed building
13.2.1 is covered by home warranty insurance, and
13.2.2 the constructor is a licenced residential builder.
13.3
Subsection 13.2 of the Bylaw does not apply if the owner or constructor is not
required to be licenced and to obtain home warranty insurance in accordance with
Sections 20(1) or 30(1) of the Homeowner Protection Act.
13.4
Every permit is issued upon the condition that the permit shall expire and the rights
of the owner under the permit shall terminate if
13.4.1 the work authorized by the permit is not commenced with 6 months from the
date of issuance of the permit;
13.4.2 the work is discontinued for a period of 12 (twelve) months; or
13.4.3 the work is not completed within 36 months (3 years) from the date of
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 13 OF 19
issuance of the permit.
13.5
An owner may apply for and the building official may issue a renewal of a building
permit for a period of not more than one year. A renewal fee is payable as required
under the Regional District of Central Kootenay Fee Schedule.
13.5.1 A permit may be renewed only one time under Subsection 13.5.
13.6
A building official may extend the period of time set out under Articles 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.
13.7
A building official may issue a building permit for a portion of a building or structure
before the design, plans and specifications for the entire building or structure have
been accepted, provided sufficient information has been provided to the Village of
New Denver 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 referred to in the previous sentence had not been issued.
14.0
DISCLAIMER OF WARRANTY OR REPRESENTATION
14.1
Neither the issuance of a permit under this Bylaw, the review and 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, and no person shall rely on any of those acts as establishing
compliance with the Building Code or this Bylaw or any standard of construction.
15.0
CLIMATIC AND GEOLOGICAL DATA
15.1
Climatic data for the design of buildings in the Village of New Denver are deemed to
be:
DESIGN TEMPERATURE
January 2.5% design temperature -24C
January 1% design temperature -26C
July 2.5% dry bulb temperature 33C
July 2.5% wet bulb temperature 19C
Degree days below 18C 4,303
PRECIPITATION
Fifteen (15) minute rain 10mm
One day rain 66mm
MAXIMUM GROUND SNOWLOAD
New Denver (adjacent) 3.6 kPa 75 P.S.F.
*Associated Rain Load S 0.1 kPa
HOURLY WIND PRESSURES
Probability
1/10
.24 kPa
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 14 OF 19
1/30
.30 kPa
1/100
.39 kPa
SEISMIC DATA
Zone Acceleration
1.00
Zone Velocity
1.00
Zone Velocity Ratio (V)
0.05
16.0
PROFESSIONAL DESIGN AND FIELD REVIEW
16.1
When a building official considers that the site conditions, size or complexity of a
development or an aspect of a development warrant, he or she may require that a
registered professional provide design and plan certification and field review by
means of letters of assurance in the form of Schedules B-1, B-2 and C-B referred to
in Section 2.6 of Part 2 of the Building Code.
16.2
Prior to the issuance of a final inspection report for a complex building, or standard
building in circumstances where letters of assurance have been required in
accordance with Sentences 9.1.6.7 and 10.1.6.6, Article 10.2.5 or Subsection 16.1 of
this Bylaw, the owner must provide the Regional District with letters of assurance in
the form of Schedules C-A or C-B, as is appropriate, referred to in Section 2.6 of Part
2 of the Building Code.
16.3
When a registered professional provides letters of assurance in accordance with
Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, or Subsections 16.1 or 16.2 of this Bylaw,
the registered professional must also provide proof of professional liability
insurance/errors and omissions to the building official in the form provided by the
Village of New Denver.
17.0
RESPONSIBILITIES OF THE OWNER
17.1
Every owner must ensure that all construction complies with the Building Code, this
Bylaw and other applicable enactments respecting safety.
17.2
Every owner to whom a permit is issued must, during construction,
17.2.1 post and maintain the permit in a conspicuous place on the property in respect
of which the permit was issued;
17.2.2 keep a copy of the accepted designs, plans and specifications on the property;
and
17.2.3 post the civic address on the property in a location visible from any adjoining
streets.
18.0
INSPECTIONS
18.1
When a registered professional provides letters of assurance in accordance with
Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, or Subsections 16.1 or 16.2 of this Bylaw,
the village will rely solely on field reviews undertaken by the registered professional
and the letters of assurance submitted pursuant to this Bylaw as assurance that the
construction substantially conforms to the design and that the construction
substantially complies with the Building Code, this Bylaw and other applicable
enactments respecting safety.
18.2
Notwithstanding Subsection 18.1 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.
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 15 OF 19
18.3
A building official may attend periodically at the site of the construction of standard
buildings or structures to ascertain whether 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.
18.4
The owner or his or her representative shall give at least 72 hours notice to the village
when requesting an inspection and shall obtain an inspection and receive a building
official's acceptance of the following aspects of the work prior to concealing it:
SITING: After siting of the building and formwork for the foundation footings is
completed, but prior to the pouring of concrete. The building official may require the
owner to provide a building location survey certificate if building setbacks from
property lines cannot be adequately or accurately determined.
DAMP-PROOFING AND FOUNDATION PERIMETER DRAINAGE;
After foundation damp-proofing and perimeter drainage piping installations have
been completed, including drain rock but before backfilling.
PLUMBING:
i.UNDERSLAB: After underslab drain and water distribution piping has
been installed, with test applied but before covering.
ii.ROUGH-IN: After drain waste and vent, and water distribution piping has
been installed, with test applied but before covering.
FRAMING: When framing, sheathing and roofing of the building have been
completed and the electrical, mechanical and plumbing rough-ins have been
completed but before installing any insulation or vapour barrier materials or
otherwise covering.
MASONRY FIREPLACE:
i.FIRST INSPECTION: Installation of first flue liner above smoke chamber.
ii.SECOND INSPECTION: Chimney cap, but PRIOR to installing.
SOLID FUEL BURNING APPLICANCE: When the appliance and the chimney
are installed, but PRIOR to using. The chimney must not be concealed for inspection
purposes.
INSULATION: After all thermal and acoustic insulation materials, vapour barrier
and fire stopping components have been installed and the building is ready to have
interior finishes installed but before covering. The exterior sheathing membrane shall
be completed as required to prevent the wetting of the insulated wall cavity.
OCCUPANCY: PRIOR to occupying a new building. Health and Safety aspects of
the building regulations must be completed at this time or a Conditional Occupancy
Permit will be issued. The conditional items on the Occupancy Permit will be
required to be completed within a specified time.
FINAL: When the building or portion of new construction has been completed and
all previous inspection deficiencies have been corrected.
OTHER INSPECTIONS: As directed by the Building Official to ascertain
compliance with this bylaw.
18.5
No aspect of the work referred in Subsection 18.4 of this Bylaw may be concealed
until a building official has accepted it in writing.
18.6
The requirements of Subsection 18.4 of the 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 Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, and Subsection 16.1 or
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 16 OF 19
16.2 of this Bylaw.
18.7
The building official may require that the owner submit a building location survey
certificate at the footing/foundation formwork stage of construction, prior to pouring
concrete. He may withhold authorizing the continuation of construction by posting a
"STOP WORK" notice until a survey certificate is submitted that confirms that the
building location complies with all applicable regulations and bylaws.
19.0
OCCUPANCY PERMIT
19.1 No person may occupy a new building or structure or part of a new
building or structure until an Occupancy Permit has been issued in
the form accepted by the Village.
19.2
An Occupancy Permit must not be issued unless:
19.2.1 all letters of assurance have been submitted when required in
accordance with this bylaw.
19.2.2 all aspects of work requiring inspection and acceptance
pursuant to Subsection 18.4 of this Bylaw have been inspected
and accepted or the inspections and acceptance are not required
in accordance with Subsection 18.6 of this Bylaw.
19.3
A Building Official may issue an Occupancy Permit 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 Subsection 19.2 of this Bylaw have been met with respect to
it.
19.4
Notwithstanding Subsection 19.1, a Building Official may issue a
conditional Occupancy Permit outlining the date before which an
owner must complete conditions to occupancy of the building or
structure.
20.0
POOLS
20.1
No person may commence or continue any work related to the installation,
construction and alteration of a pool unless a valid building permit has been obtained
pursuant to this Bylaw.
20.2
An exterior pool area must be enclosed within a fence of not less than 1.5 meters (5
ft.) in height. The fence must be designed and constructed so that no member,
attachment or opening will facilitate climbing. All openings through the fence must
be of a size as to prevent the passage of a spherical object having a diameter of 100
mm (4 inches). Access through the fence enclosing the pool must be equipped with a
self-closing gate so designed as to cause the gate to return to a closed position when
not in use. The self-latching device must be located on the pool side of the fence at a
height of at least 1.0 meters (3 ft. 3 inches) above grade or on the outside of the fence
at 1.4 meters (4 ft 7 inches) above grade.
20.3
Despite subsection 20.2, standard chain link wire mesh may be acceptable provided
that the fence is not less than 1.5 meters (5 ft.) in height.
20.4
*******Each owner or occupier of property on which a pool is located is expected to
maintain a fence required under this section in good order. All sagging gates, loose
parts, torn mesh or missing material, worn latches, locks or broken or binding
members must be promptly replaced or repaired.*********
20.5
Public swimming pools and spas require Ministry of Health approval prior to
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 17 OF 19
issuance of building permits.
21.0
RETAINING STRUCTURES
21.1
A registered professional must undertake the design and conduct field reviews of the
construction of a retaining structure greater than 1.22 meters (4 ft.) in height. Sealed
copies of the design plan and field review reports prepared by the registered
professional for all retaining structures greater that 1.22 meters (4 ft) in height shall
be submitted to a building official prior to acceptance of the works.
22.0
PENALTIES AND ENFORCEMENT
22.1
A person who contravenes a provision of this Bylaw commits an offence and is liable
on conviction to a fine of not less than $100.00 (One Hundred Dollars) and not more
than the maximum penalty prescribed by law.
22.2
A person who fails to comply with any order or notice issued by a building official,
or who allows a violation of this Bylaw to continue, contravenes this Bylaw.
22.3
A person who commences construction prior to obtaining a permit as required by this
Bylaw shall pay double the permit fee calculated as prescribed in Schedule "A" to
this Bylaw and this additional fee shall not exceed $500.00. For the purposes of this
subsection, construction shall be deemed to have commenced when a building has
been moved to its new location, or the concrete footings have been poured, or
equivalent works is in place when other building systems are used.
22.4
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 notice on
the building or structure in the form provided by the village.
22.5
The owner of property on which a Stop Work notice has been posted, and every other
person, must cease all construction work immediately and shall not do any work until
all applicable provisions of the Building Code and this Bylaw have been substantially
complied with and the Stop Work notice has been rescinded in writing by a building
official.
22.6
Where a person occupies a building or structure or part of a building or structure in
contravention of Subsection 6.2 of this Bylaw, a building official may post a Do Not
Occupy notice in the form provided by the village on the affected part of the building
or structure.
22.7
The owner of property on which a Do Not Occupy notice has been posted, and every
person, must cease occupancy of the building or structure immediately and must
refrain from further occupancy until all applicable provisions of the Building Code
and this Bylaw have been substantially complied with and the Do Not Occupy notice
has been rescinded in writing by a building official.
23.0
SEVERABILITY AND APPLICATION
23.1
The provisions of this Bylaw are severable and the invalidity of any part of this
Bylaw shall not affect the validity of the remainder of this Bylaw.
23.2
This Bylaw shall apply to all areas of the Village of New Denver.
24.0
TRANSITION
24.1
This Bylaw shall not affect the right of an owner under a permit issued prior to the
coming into force of this Bylaw, provided the owner has commenced work with six
(6) months of the date of issuance of the permit and has actively and continuously
carried out work thereafter according to this Bylaw.
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 18 OF 19
25.0
ENACTMENT AND REPEAL
25.1
This Bylaw shall come into full force and effect upon its final passage and adoption.
25.2
The Village of New Denver Building Bylaw 491, 1997 and all amendments thereto is
hereby repealed upon the adoption of this Bylaw.
READ A FIRST TIME this 14th day of February, 2006.
READ A SECOND TIME this 14th day of February, 2006.
READ A THIRD TIME this 14th day of February, 2006.
FINALLY ADOPTED this 28th day of February, 2006.
List of Amending Bylaws:
Bylaw:
Effective Date:
Village of New Denver Building Amendment
Bylaw No. 670, 2012
April 10, 2012
G. L. Wright
Carol Gordon
MAYOR
ADMINISTRATOR
Village of New Denver
Consolidated Building Bylaw
September 18, 2018
PAGE 19 OF 19
VILLAGE OF NEW DENVER
BUILDING BYLAW NO. 595, 2006
SCHEDULE "A" - PERMIT FEES
A.
Building Permit Fees
Building permit fees for the Village of New Denver shall be the current building permit fees
of the Regional District of Central Kootenay.
B.
Related Permit Fees
Related building permit fees for the Village of New Denver shall be the current related
building permit fees of the Regional District of Central Kootenay.
C.
Plumbing Permit Fees
Plumbing permit fees shall be the current plumbing permit fees of the Regional District of
Central Kootenay.
D.
Permit fee refunds
Building permit fees may be refunded only upon written request from the owner - up to six
(6) months from the date of issuance of the building permit - subject to no permit related
work having been commenced. Upon receipt of a refund the permit will be cancelled.
Building permit fee refunds shall be the current building permit fee refunds of the Regional
District of Central Kootenay.
E.
Plan Check Deposit
The fee for building permit plan check deposit shall be the current building permit plan check
deposit fee of the Regional District of Central Kootenay, and shall be applicable only to
Complex Buildings.
.