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CORPORATION OF THE CITY OF NEW WESTMINSTER
BUILDING BYLAW NO. 8125, 2019
EFFECTIVE DATE: September 9, 2019
CONSOLIDATED FOR CONVENIENCE ONLY
(December 27, 2023)
This is a consolidation of the bylaws listed below. The amendment bylaws have been
combined with the original bylaw for convenience only. This consolidation is not a legal
document. Certified copies of the original bylaws should be consulted for all
interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
8161, 2020
January 27, 2020
8388, 2023
April 24, 2023
8433, 2023
December 11, 2023
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the
principal Bylaw No. 8125, 2019. The number of any amending bylaw that has been
repealed is not referred to in this consolidation.
Obtainable from the City Clerk's Office
Bylaw No. 8125, 2019
Page 2 of 55
CORPORATION OF THE CITY OF NEW WESTMINSTER
Building Bylaw No. 8125, 2019
A BYLAW to provide for the administration of the British Columbia Building Code and
the City's building regulation service.
PART 1
This bylaw may be cited as "Building Bylaw No. 8125, 2019".
WHEREAS Section 8 of the British Columbia Community Charter authorizes the City of
New Westminster, for health safety and protection of persons and property, to regulate,
prohibit and impose requirements in relation to buildings and other structures by bylaw;
AND WHEREAS the Province of British Columbia has adopted a Building Code to
govern standards in respect of the construction, alteration, repair and demolition of
buildings and structures in cities, municipalities and regional districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the
Building Code;
NOW THEREFORE, pursuant to the above-referenced and other statutory authority,
Council of the City of New Westminster, in open meeting assembled, enacts as follows:
Bylaw No. 8125, 2019
Page 3 of 55
Purpose
PART 2
ADMINISTRATION
2.1
PURPOSE
2.1.1 This Bylaw shall, notwithstanding any other provision herein, be
interpreted in accordance with this Section.
2.1.2 This Bylaw is enacted for the purpose of regulating construction
within the City of New Westminster in the general public interest.
The activities undertaken by or on behalf of the City pursuant to this
Bylaw are for the sole purpose of providing a limited and interim
spot-checking function for reasons of health, safety and the
protection of persons and property. It is not contemplated nor
intended that this Bylaw provide, nor shall this Bylaw be interpreted
as providing:
2.1.2.1
protection to owners, builders, constructors or any other
persons from economic loss;
2.1.2.2
the assumption by the City or any Building Official of any
responsibility for ensuring the compliance by any owner,
agent of an owner or any employees, builders,
constructors or designers retained by an owner, with the
Building Code, the requirements of this Bylaw or any
other applicable codes, standards, bylaws or enactments;
2.1.2.3
a warranty to any person of design or workmanship or
materials with respect to any building, structure or part
thereof for which a permit or occupancy certificate is
issued under this Bylaw, nor
2.1.2.4
a warranty or assurance to any person that construction
undertaken pursuant to a permit issued under this Bylaw
is free from any defects, whether patent or latent.
2.1.2.5
a warranty or assurance that any design or construction
undertaken pursuant to permits issued by the City
complies with the Building Code, the requirements of this
Bylaw or any other applicable enactments
2.2
REPEAL OF FORMER BYLAW
2.2.1 "Building Bylaw No. 6897, 2003", as amended (the "former
bylaw") is hereby repealed.
2.2.2 "Fire Limits Bylaw No. 5980, 1991", as amended, is hereby
repealed.
Bylaw No. 8125, 2019
Page 4 of 55
Severability
2.3
SEVERABILITY
2.3.1 The provisions of this Bylaw are severable and the invalidity of any
Section or Part of this Bylaw shall not affect the validity of the
remainder of the Bylaw.
2.4
APPLICATION
2.4.1 This Bylaw applies to all land, water, air space, buildings and
structures within the City of New Westminster including:
2.4.1.1
the design, construction and occupancy of new
buildings and structures, and the alteration, renovation,
reconstruction, demolition, removal, relocation and
change of occupancy of existing buildings and
structures;
2.4.1.2
all references to the BC Building Code and regulations
under Section 692 of the Local Government Act;
2.4.1.3
to all that the Building Code applies to unless this
Bylaw expressly provides otherwise;
2.4.1.4
the following permits: building permit; excavation
permit; foundation permit; demolition permit;
occupancy certificate; sprinkler permit; swimming or
ornamental pool; retaining structure permit;
temporary structure permit; moving permit;
2.4.1.5
where a building or structure is damaged to an extent
less than 75 percent of its assessed value, the repairs or
reconstruction shall be in compliance with this Bylaw
and the current BC Building Code and all other
applicable codes, standards, bylaws and enactments.
Undamaged areas of a building not affected by the
required repairs, must meet the requirements of the
code at the time they were constructed;
2.4.1.6
if an existing building or structure is damaged by fire,
decay, storm, earthquake or otherwise to an extent
greater than 75 percent of its assessed value above its
foundations as of the date of the damage, this Bylaw
and the current BC Building Code and all other
applicable codes, standards, bylaws and enactments
apply to the work necessary to reconstruct damaged
portions of the building or structure and to correct any
contraventions of these regulations in the remainder of
the building or structure;
Bylaw No. 8125, 2019
Page 5 of 55
Definitions
2.4.1.7
the whole or any part of an existing building that is
moved either within or into the City of New
Westminster, including relocation relative to parcel
lines created by subdivision or consolidation.
2.4.2 This Bylaw does not apply to buildings or structures exempted by
Part 1 of the Building Code except as expressly provided herein:
2.4.2.1
greenhouses greater than 108 sq. ft. (10 sq. m.)
constructed with PVC hoops and poly roof cover;
2.4.2.2
fences except as required in Part 12 of this Bylaw;
2.4.2.3
the removal of underground storage tanks, which is a
matter regulated through the New Westminster Fire
and Rescue Services;
2.4.3 Disclosure of Information:
All applications, permits, plans, records or documents submitted to
the Building Official are the property of the City and are subject to
public disclosure pursuant to the "Freedom of Information and
Protection of Privacy Act". Public viewing shall not be available
except to the extent permitted under the Act.
2.5.
DEFINITIONS
2.5.1 Terms that are defined are marked in this Bylaw in italics.
2.5.2 Unless otherwise defined herein, words and terms used in this
Bylaw shall have the same meanings as set out in the BC Building
Code, BC Building Act; Community Charter, Local Government
Act and Interpretation Act.
2.5.3 In this Bylaw, the following terms have the following meanings,
unless the context otherwise requires:
"accepted", "acceptable" and "acceptance" on a document related to a permit,
permit application or a procedure under this Bylaw does not mean, signify or
imply that the City has confirmed, sanctioned or approved the design or
construction, and means only that the Building Official has accepted it for the
purposes of this Bylaw.
"addition" means an alteration to any building that will increase the total
aggregate floor area or the building height (in storeys), and includes the provision
of two or more separate buildings with openings between each other for
intercommunication.
Bylaw No. 8125, 2019
Page 6 of 55
Definitions
"agent" includes a person, partnership, society or corporation representing the
owner by designation or contract and includes a hired tradesman or contractor who
may be granted a permit for work within the limitation of his or her license.
"BC Energy Step Code" means the requirements set out in Part 14 of this Bylaw
and Division B, Part 9 and 10 of the Building Code.
"building" means any structure or portion of a structure, of any kind, used or
intended for supporting or sheltering any use or occupancy, whether fixed to,
supported by or sunk into land, water or airspace, but specifically excludes
landscaping, fences, and paving.
"Building Code" means the current edition of the British Columbia Building
Code Regulation, as amended or re-enacted from time to time.
"Building Official" means the individual designated by the City as the Manager
of Building Inspections (as that title may be changed from time to time) and such
person or persons as he or she may designate from time to time as his or her
assistants.
"City" means the Corporation of the City of New Westminster.
"conditional occupancy certificate" means the permission or authorization in
writing by the Building Official to allow the occupancy of a building, or part
thereof, subject to conditions set out by the Building Official.
"construct", "constructed" or "construction" means to build, erect, install,
repair, alter, add, enlarge, move, locate, relocate, reconstruct, renovate, demolish,
remove, excavate or shore, with respect to a building or structure.
"Energy Advisor" means a person who is registered as an energy advisor with
Natural Resources Canada.
"existing" means that portion of a building constructed with permits prior to the
submission of a permit application required under this Bylaw. It does not include
portions that have been constructed in contravention of City bylaws or the
Building Code.
"float home" means a structure incorporating an engineered floatation system
intended for use or being used or occupied for residential purposes, containing one
dwelling unit only, not primarily intended for, or usable in, navigation and does
not include a water craft designed or intended for navigation.
Bylaw No. 8125, 2019
Page 7 of 55
Definitions
"health and safety" aspects of the work means design and construction regulated
by the Building Code.
"inspection" means a limited and interim spot-checking review of the work
authorized by any permit, for reasons of health and safety in accordance with
policies as established from time to time by the Manager of Building Inspections,
undertaken solely for the monitoring purposes of this Bylaw.
"Low Carbon Energy System" means the space heating, cooling and domestic hot
water heating mechanical systems in a building that is supplied energy through a
connection to a district energy utility, or a building-scale or site-scale thermal
energy system, that is designed to meet a minimum of 70% of the building's
annual heating, cooling and domestic hot water from a renewable energy source,
as approved by the City.
"occupancy" means the use or intended use of a building or structure or part
thereof for the shelter or support of persons, animals or property.
"occupancy certificate" means the permission or authorization in writing by the
Building Official to occupy a building for the accepted occupancy.
"owner" includes the registered owner of an estate in fee simple of land, and also
where the context or circumstances so require:
(a)
A tenant for life under a registered life estate:
(b)
a registered holder of an agreement for sale;
(c)
a holder or occupier of land held in the manner mentioned in
Sections 228 and 229 of the Community Charter.
(d)
a lessee with authority to build on land;
(e)
the strata corporation in the case of a lot under strata ownership;
(f)
all persons authorized to act for or on behalf of the registered owner
of the lot;
(h)
in respect of water includes an occupier, tenant or holder of an
interest in respect of the surface of the water; and
(i)
all persons authorized to act for or on behalf of the registered owner
of the property.
"parcel" means a lot, block or other area in which land is held, or into which land
is legally subdivided.
"permit" means permission or authorization in writing by the Building Official
under this Bylaw to perform work regulated by this Bylaw.
Bylaw No. 8125, 2019
Page 8 of 55
Definitions
"person" includes a natural person, partnership, society, corporation, municipal
corporation, school board, hospital board or other government or government
agency.
"phased project" means a project or development consisting of multiple buildings
on a single property, that will be built at separate times.
"professional design" means the plans and supporting documents bearing the
date, seal or stamp, and signature of a registered professional.
"protection" describes an enactment made for the health, safety and protection of
persons or property.
"Queensborough Area" means that part of the City of New Westminster located
on Lulu Island.
"retaining structure" means a structure constructed of any material and designed
to hold back, stabilize or support an earthen bank resulting from differences in site
grades.
"storey" means that portion of a building that is situated between the top of any
floor and the top of the floor next above it, and if there is no floor above it, that
portion between the top of such floor and the ceiling above it.
"structure" means a construction or portion thereof of any kind, whether fixed to,
supported by, sunk into or located in, land, water or airspace, and includes:
(a)
foundations or supporting framework for exterior signs, equipment
and machinery,
(b)
interior storage racking greater than 2.6m in height and
(c)
swimming pools, but specifically excludes paving, fences,
landscaping and
(d)
retaining structures less than 1.2 meters in height above the bottom
of the foundation, except where it is located in a Flood Plain Area or
supports a driveway, street or lane.
"swimming or ornamental pool": In this Bylaw, the term "swimming or
ornamental pool" means any constructed or prefabricated exterior private pool:
(a)
having a water surface area exceeding 5 square metres;
(b)
a depth in any area of more than 450 mm;
(c)
installed or intended to be installed on private property, owned or
leased or occupied with permission of the owner or lessor; or
(d)
for a permanent or temporary installation.
"temporary structure" means a tent, portable, or other building or structure that
the owner does not intend for permanent installation.
Bylaw No. 8125, 2019
Page 9 of 55
Responsibilities of the Owner
2.6.
RESPONSIBILITIES OF THE OWNER
2.6.1 No owner shall commence or permit the commencement of construction of
a building or an alteration or addition to a building on his property unless
he has obtained a building permit under this Bylaw authorizing that
construction.
2.6.2 Everywhere that this Bylaw prohibits or restricts an owner from doing an
act, the owner must not permit another person to do the prohibited or
restricted act.
2.6.3 It shall be the full and sole responsibility of the owner, and where the
owner is acting through an agent, both the owner and the agent, to carry
out the work in respect of which a permit is issued in compliance with the
Building Code, this Bylaw and any other applicable codes, standards,
bylaws and enactments.
2.6.4 Where building plans are required by the Architects Act to be prepared by a
person who is registered or licensed to practise as an Architect under the
Architects Act, then an owner may not submit plans to the City unless those
plans have been prepared by an architect who meets those qualifications.
2.6.5 Every owner to whom or to whose agent a permit is issued shall pay for the
cost of repair of any damage to City property or works that occurs in the
course of the work authorized by the permit.
2.6.6 Every owner to whom or to whose agent a permit is issued shall, during
construction:
2.6.6.1
post and maintain the building permit within public view
on the property in respect of which the permit was issued;
2.6.6.2
keep a copy of the accepted designs, plans, specifications
and all building Inspection reports and notices on the
property;
2.6.6.3
post the civic address on the property in a location visible
from any adjoining streets;
2.6.6.4
ensure no material or equipment is placed or stored on
adjacent property, without permission from the adjacent
property owner; and
2.6.6.5 ensure compliance with the requirements of the BC Fire
Code and the New Westminster Fire and Rescue Services
with regards to Construction Site and Fire Safety.
2.6.7 Every owner shall obtain, prior to the occupancy of a building or part
thereof, written permission from the Building Official to occupy the
building or part thereof, pursuant to Part 7 of this Bylaw.
Bylaw No. 8125, 2019
Page 10 of 55
Insurance
2.7
INSURANCE
2.7.1 When an Energy Advisor or registered professional is required by the
Building Code or this Bylaw, they shall provide proof of liability insurance.
2.8
NO WARRANTY OR REPRESENTATION
2.8.1 Neither the issuance of a permit nor the permit itself shall waive the
owner's obligation to ensure that all activities regulated by the permit and
this Bylaw comply with all applicable Codes, laws, bylaws, enactments,
covenants, licenses and other restrictions and requirements applicable to
the work.
2.8.2 Neither the issuance of any permit under this Bylaw, nor the review of
plans, drawings or supporting documents, nor any Inspections made by or
on behalf of the City shall in any way relieve the owner from full and sole
responsibility to undertake the work in accordance with the Building Code,
this Bylaw and all other applicable codes, standards, bylaws and
enactments.
2.8.3 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 representation or warranty that
the Building Code or this Bylaw or other applicable codes, standards,
bylaws and enactments have been complied with nor that the building
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 other applicable codes, standards, bylaws and enactments or
any standard of construction.
2.8.4 The issuance of a permit by the Building Official under this Bylaw is not a
guarantee or representation by the Building Official or the City to the
owner, the applicant, or any other person as to building safety, building
functioning, public safety, protection from private claims, protection from
bylaw enforcement, or any other matter.
2.8.5 All permit records are maintained for the use of the City and are not to be
relied upon as a repository for the public, nor are they guaranteed to be
accurate.
Bylaw No. 8125, 2019
Page 11 of 55
General Prohibitions
PART 3
PROHIBITIONS
3.1
GENERAL PROHIBITIONS
3.1.1 No building or structure shall be constructed except in conformity
with the requirements of the Building Code and this Bylaw.
3.1.2 No person shall fail to comply with the conditions of a permit issued
under this Bylaw.
3.1.3 No person shall do any work, or allow any work to be done which
requires a permit under this Bylaw;
3.1.3.1 after a Stop Work Order has been posted;
3.1.3.2 after a permit under this Bylaw has expired (unless the
permit is extended); or
3.1.3.3 after a permit under this Bylaw has been cancelled or
revoked.
3.1.4 No person shall commence or continue construction or change the
occupancy of any building, structure, including excavation or other
work related to construction, unless the Building Official has issued
a permit for the construction and that permit remains in force.
3.1.5 No person shall occupy or use any building or structure unless a
valid and subsisting occupancy certificate has been issued by the
Building Official, in accordance with Part 7, for the building or
structure, including change of occupancy classification, or contrary
to the terms of any permit issued or any notice given by the Building
Official.
3.1.6 No person shall commence or continue any construction that is
substantially at variance with the accepted design, plans or
specifications of a building, structure or other works for which a
permit has been issued, unless that variance has been accepted in
writing by the Building Official.
3.1.7 No person shall obstruct the entry of the Building Official or other
authorized employee of the City onto any land or into any building
or structure for the purpose of administering or enforcing this
Bylaw, including without limitation for the purpose of ascertaining
whether the regulations and provisions of this Bylaw or the
conditions of a permit are being, or have been met.
Bylaw No. 8125, 2019
Page 12 of 55
General Prohibitions
3.1.8 No person shall knowingly submit false or misleading information
to the Building Official in relation to any permit application or
construction undertaken pursuant to this Bylaw.
3.1.9 No person shall commence or continue any construction on or to, or
change the occupancy of an existing building or structure unless that
existing building or structure is brought into compliance with the
Building Code to the extent outlined in Section 2.4 of this Bylaw.
3.1.10 No person shall change, modify or alter drawings or specifications
accepted by the City as a condition of a permit without authorization
from the Building Official and payment of the fee specified in the
Development Services Fees and Rates Bylaw No. 7683, 2014, as
amended or replaced from time to time.
3.1.11 No person shall commence or continue any construction in respect
of which a permit is required under any other bylaw unless a permit
is obtained under that bylaw.
3.1.12 No person shall commence or continue any construction when that
construction has been suspended by the Building Official, without
first obtaining permission in writing from the Building Official to do
so.
3.1.13 No person shall use diesel impact hammers over 30,000 foot pounds
in the construction of any building or structure.
3.2
OFFENCES, NOTICES AND PENALTIES
3.2.1 Every person who contravenes any provision of this Bylaw commits
an offense punishable on summary conviction and shall be liable to a
fine of not more than $10,000.00 (Ten Thousand Dollars) or to
imprisonment for not more than six months.
3.2.2 Every person who fails to comply with any notice issued by a
Building Official, or who allows a violation of this Bylaw to
continue, contravenes this Bylaw.
3.2.3 Every contravention of this Bylaw that continues for more than one
day constitutes a separate offence for each day that it continues.
3.2.4 Where costs are incurred by the City they shall be charged to the
property taxes where they relate to:
3.2.4.1 a permit issued by the City;
3.2.4.2 work conducted without the appropriate permits; or
Bylaw No. 8125, 2019
Page 13 of 55
Offences, Notices and Penalties
3.2.4.3 work that has resulted in damage to City property.
3.2.5 A notice shall state the nature of the contravention and the phase of
construction before which the contravention must be remedied.
3.2.6. Any notice to the owner given by the Building Official will be
sufficiently given if hand-delivered to the owner or his agent, or
mailed by regular Canada Post mailing to the address of the owner
shown on the Land Title Office title to the property, or if posted on
the property. Notice will be deemed received on the day hand-
delivered or posted, or three days after mailing.
3.2.7 The Building Official may issue such written notices as the
Building Official considers necessary to inform the owner of a
contravention of this Bylaw and order the correction of any work
that is being done or has been done in contravention of this Bylaw.
3.2.8 In order to be satisfied that a contravention has been remedied the
Building Official may require an owner to provide the Building
Official with a written report certified by a Registered Professional
which provides assurances that the contravention has been
remedied.
3.2.9 It is a violation of this Bylaw for any person to reverse, alter,
deface, cover, remove or in any way tamper with a construction site
identification placard, Stop Work Order Notice, certificate, card or
notice posted on or affixed to a building or structure pursuant to a
provision of this Bylaw unless authorized by the Building Official.
3.2.10 The Building Official may add a notice to a property tax certificate
regarding violations of this Bylaw to notify prospective purchasers
of the infractions.
3.3
DO NOT OCCUPY
3.3.1 The Building Official may post a "Do Not Occupy" notice on the
occupied part of the building or structure and order an owner to
cease occupancy of a building where:
3.3.1.1 a person occupies a building, structure in contravention of
this Bylaw, or
3.3.1.2 a building is found to be dangerous, or potentially
dangerous due to:
3.3.1.2.(1) modifications to electrical or gas services, or to
any structural components, or
3.3.1.2.(2) a condition that causes a health hazard or
Bylaw No. 8125, 2019
Page 14 of 55
potential health hazard.
Do Not Occupy
3.3.2
The Building Official may order that:
3.3.2.1 Where disconnected, the supply of electricity or gas not
be reconnected;
3.3.2.2 The owner must not permit the building to be occupied;
and
3.3.2.3 A City notice indicating that the building is not safe to
occupy be affixed, and remain affixed, to the building in a
clearly visible location, until:
3.3.2.3(1) the owner has obtained any permits required to
carry out the work necessary to bring the
building into compliance with the requirements
of this Bylaw and the Building Code, and has
paid the applicable permit fees;
3.3.2.3(2) all of the work referred to in clause 3.3.2.3(1)
has been completed and the building has been
brought into compliance with the requirements
specified in clause 3.3.2.3(3); and
3.3.2.3(3) the building has been inspected and approved
by the Building Official for compliance with
this Bylaw, other bylaws of the City, and any
provincial statute or regulation relating to
building, electrical, gas, health or fire safety,
and the owner has paid any costs relating to
those inspections, and any initial inspections
carried out to ascertain the condition of the
building.
3.3.3 Every person occupying a building, structure on which a "Do Not
Occupy" notice has been posted, shall cease occupancy of the
building, structure or part thereof immediately and shall refrain from
further occupancy until the contravention has been remedied and the
"Do Not Occupy" notice has been rescinded in writing by the
Building Official.
Bylaw No. 8125, 2019
Page 15 of 55
Stop Work Order
3.4
STOP WORK ORDER
3.4.1 The Building Official may order the suspension of any construction
or work that is proceeding by posting a stop work order on the
property or building wherein such work is being undertaken, stating
the reasons for the order.
3.4.2 A stop work order may be issued where construction or work is
being undertaken :
3.4.2.1 in contravention of
3.4.2.1(1) a permit or a condition of a permit;
3.4.2.1(2) this Bylaw; or
3.4.2.1(3) the Building Code or other applicable
enactment.
3.4.2.2 without a permit having been issued under this Bylaw
authorizing the work;
3.4.2.3 where the Registered Professional is no longer retained by
the owner in relation to the permit; or
3.4.2.4 where a Registered Professional has indicated to the City
that there is information that affects the validity or
applicability of his or her report or recommendations relied
upon to issue the permit.
3.4.3. The owner of land on which the stop work order has been posted,
and every other person, shall cease all construction immediately and
shall not restart construction until the provisions of the Building
Code, this Bylaw or any other applicable enactment have been
complied with and the stop work order has been rescinded in writing
by the Building Official.
3.4.4 The owner shall, within 24 hours of the posting of a stop work order
under this Bylaw secure the construction site such that the property
is in a safe condition and such work shall be done in accordance
with any and all applicable safety laws, regulations and other
requirements of the Province of BC.
Bylaw No. 8125, 2019
Page 16 of 55
Role of the Building Official
PART 4
ROLE OF THE BUILDING OFFICIAL
4.1
ROLE OF THE BUILDING OFFICIAL
4.1.1 The Building Official without limiting the authority granted to the
Building Official under this Bylaw, has the following authority:
4.1.1.1
to prepare and prescribe forms that are to be used for the
purposes of this Bylaw;
4.1.1.2
to determine whether an application for a permit or
another application under this Bylaw is complete;
4.1.1.3
to request additional information from an applicant where
the Building Official considers that the information
provided in relation to an application for a permit or other
application is incomplete;
4.1.1.4
to refuse a permit, permit amendment, permit transfer,
permit cancellation, or permit extension on the basis that
the application is incomplete;
4.1.1.5
to request information from an owner in relation to
compliance with a permit or this Bylaw;
4.1.1.6
to issue a stop work order and to impose conditions in
relation to a stop work order for the purposes of achieving
compliance with this Bylaw or a permit;
4.1.1.7
to issue a permit where satisfied that the requirements of
this Bylaw have been met;
4.1.1.8
to refuse a permit where satisfied that the requirements
of this Bylaw have not been met;
4.1.1.9
to prescribe terms of reference for professional reports
that reflect and are in accordance with the requirements of
this Bylaw;
4.1.1.10 to revoke a permit;
4.1.1.11 to impose conditions in relation to a permit, permit
amendment, permit extension, stop work order, or permit
revocation for the purposes of achieving compliance with
this Bylaw or other related enactments; and
4.1.1.12 to administer this Bylaw.
4.1.2 The Building Official may:
4.1.2.1
keep records of permit applications, permits, notices and
orders issued, inspections and tests made, and retain
copies of documents related to the administration of this
Bylaw as required by the City's retention policy;
4.1.2.2
require tests and investigations by an independent agency
at the owner's expense to establish compliance; or
provide recommended remedial measures to be taken
Bylaw No. 8125, 2019
Page 17 of 55
Role of the Building Official
prior to the issuance of a permit where construction has
advanced without inspection to a stage where compliance
with this Bylaw or other applicable bylaws or enactments
cannot be readily determined;
4.1.2.3 establish, or direct the owner to establish, by tests, at the
owner's expense, whether methods or types of construction,
and types of materials, devices or assemblies used in the
construction of a building or structure substantially
conform to the requirements of the Building Code;
4.1.2.4 require that tests be carried out in accordance with
recognized standard test methods or in the absence of such
standard test methods, may specify the test procedure to be
followed. A copy of the results of such tests shall be
provided to the Building Official and also kept available on-
site during the construction of the building or structure;
4.1.2.5 require the owner to uncover and replace at the owner's
expense any construction that has been covered without
inspection contrary to this Bylaw or an order issued by the
Building Official;
4.1.2.6 enter any land, building or structure at any reasonable time
for the purpose of ascertaining that the requirements of this
Bylaw are being observed, or if the Building Official has
any reason to believe that an unsafe condition exists;
4.1.2.7 order in writing the correction of any construction that is
being or has been done in contravention of this Bylaw; and
4.1.2.8 order all work to be stopped that is being done or is about to
be done in contravention of this Bylaw.
4.1.3 The Building Official shall:
4.1.3.1 obtain the consent of the occupant or provide written notice
to the occupant 24 hours in advance of entry, where any
residence is occupied;
4.1.3.2 carry proper credentials confirming his or her status as a
Building Official for the City; and
4.1.3.3 issue permits pursuant to this Bylaw.
Bylaw No. 8125, 2019
Page 18 of 55
Permit Requirements
PART 5
BUILDING PERMITS
5.1
PERMIT REQUIREMENTS
5.1.1 Everywhere that this Bylaw requires an owner to submit plans,
specifications, letters, or other documentation, those shall be in a
form and contain information satisfactory to the Building Official.
5.1.2 If the Building Official considers that a report, plan or any other
information provided by an applicant for a permit does not comply
with this Bylaw, or is inadequate for the Building Official to
determine that the applicant and the proposed construction will be in
compliance with this Bylaw, or if the Building Official considers a
Registered Professional, consultant or permit applicant relied on
inaccurate, incomplete, or inadequate information or assumptions, or
wrong methodology, the Building Official may require the applicant,
at its own cost, to provide such further reports, plans and
information as may be required by the Building Official.
5.1.3 Where this Bylaw requires the owner to grant a covenant to the City,
the owner must grant to the City a covenant under Section 219 of the
Land Title Act (as amended or replaced from time to time), in the
City's then-current form of covenant, and that covenant must be
registered against title to the owner's property in priority to all
financial charges and other charges specified by the City.
5.1.4 The applicant must include with the permit application confirmation
satisfactory to the Building Official that the proposed work would be
in compliance with all covenants, rights of way, easements,
Development Permits, Development Variance Permits, Special
Development Permits, Board of Variance, building schemes, and
other agreements, whether in favour of the City, the Province or any
other person.
5.1.5 The applicant must include copies of approvals required under any
enactment relating to health or safety, including, without limitation,
sewage disposal permits, highway access permits and Ministry of
Health approval.
5.1.6 The Building Official may require the owner to provide a
geotechnical hazard report, and covenant, pursuant to Section 56 of
the Community Charter.
Bylaw No. 8125, 2019
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Permit Requirements
5.1.7 If the proposed work would require the issuance of another permit
or approval, the owner shall include with the permit application a
copy of the other approved and issued permits, or confirmation that
they will be issued.
5.1.8 Before issuance of a permit under this Bylaw, the owner must pay
all applicable development cost charges levied pursuant
Development Cost Charges Bylaw No. 7311, 2009, as amended or
replaced from time to time.
5.1.9 Upon receipt of an application for a permit, the Building Official
may inspect any property that is the subject of a permit application
for the purposes of evaluating the application and its completeness.
5.1.10 A permit application form, letter or other document required by this
Bylaw to be provided by the owner must be signed by the owner and
if there is more than one owner, each owner must either sign the
document or, to the satisfaction of the Building Official, consent to
one owner signing the document on their behalf.
5.1.11 Whether or not all owners sign the application form for a permit, all
owners are jointly and severally responsible for complying with the
permit, this Bylaw, the Building Code, and all other applicable
codes, standards, bylaws and enactments.
5.1.12 If a corporation or society is an owner of the property, a permit
application form, letter or other document required by this Bylaw to
be provided by the owner must be signed by at least one authorized
signing officer of the corporation or society and the Building
Official may require a copy of the resolution or other proof of
authorization.
5.1.13 If the property to which work will be done is or includes common
property of a strata corporation, the permit application form and all
other documentation must be signed by at least one member of the
strata council, and the Building Official may require a copy of the
resolution of the strata lot members or other proof of authorization.
5.1.14 If a tenant wishes to apply for and be issued a permit, the tenant
must provide to the City, on the form prescribed by the Building
Official, written confirmation from the property owner that the
person is a tenant of the property and is authorized to apply for and
be issued the permit. If a permit is issued to a tenant under this
Bylaw No. 8125, 2019
Page 20 of 55
Bylaw, the tenant is deemed to be the owner for the purposes of this
Bylaw and must comply with all bylaw and permit requirements
Permit Application Requirements
applicable to the owner, and the City may issue permits, orders,
notices, directives and other communication to the tenant and
enforce this Bylaw against the tenant as if the tenant was the
owner. Nothing in this Section prevents the City from enforcing
this Bylaw solely or additionally against the owner of the property.
5.1.15 An owner may appoint an agent for the purposes of this Bylaw, by
completing and delivering to the Building Official the form
prescribed by the Building Official, authorizing the person to be
the owner's agent for all purposes associated with this Bylaw, and
all subsequent applications, requests and other acts of the agent
shall be deemed to be acts of the owner and all permits, orders,
approvals, acceptances and other notices delivered to the agent
will be deemed to be delivered to the owner.
5.1.16 An owner may not revoke an appointment of an agent for the
purposes of this Bylaw unless the owner provides the Building
Official with a written copy of the revocation.
5.1.17 All permit applications made to the City under the former bylaw
prior to the date of enactment of this Bylaw that are fully complete
may be issued if the requirements of the former bylaw are met.
5.1.18 All applications for a permit under the former bylaw that have not
been fully completed before the enactment of this Bylaw must
comply with the requirements of this Bylaw, and where additional
information or payment is required under this Bylaw to consider,
process, or issue the permit, that additional information and
payment must be provided.
5.2
PERMIT APPLICATION REQUIREMENTS
5.2.1 Phased Project
Where construction of a multi-building project is proposed to be
phased, each phase must be applied for separately and meet all
applicable City requirements in effect at the time of application.
Application drawings shall be specific to the current phase.
5.2.2 Each building or structure constructed on a site requires a
separate permit and shall be assessed a separate permit fee based on
the value of that building, structure or part thereof.
5.2.3 An application for a permit shall:
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Alternate Solutions
5.2.3.1
be made using the application form prescribed, from
time to time, by the Building Official and all
information on that form must be completed;
5.2.3.2
be accompanied by the fee for a permit application
specified in the Development Services Fees and Rates
Bylaw No. 7683, 2014, as amended or replaced from
time to time, for each building or structure to be
constructed;
5.2.3.3
be signed by the owner or agent, or a signing officer if
the owner or agent is a corporation or society;
5.2.3.4
be accompanied by the owner's acknowledgement of
responsibility and undertaking in the form prescribed
by the Building Official, signed by the owner, or a
signing officer if the owner is a corporation or society;
5.2.3.5
include a copy of a Land Title Office search of the
land made within 48 hours of the date of the
application;
5.2.3.6
include plans bearing the name and address of the
designer of the building or structure, signed and
sealed by an Architect or Engineer registered in
British Columbia, if applicable; and
5.2.3.7
be accompanied by plans, documents and other
information required by the Building Official or the
Building Code to establish substantial compliance with
this Bylaw, the Building Code and any other applicable
enactments relating to the building or structure.
5.3
ALTERNATE SOLUTIONS
5.3.1
The provisions of this Bylaw are not intended to limit the
appropriate use of materials, equipment or methods of construction.
An owner who wishes to provide an alternate solution to satisfy one
or more of the requirements of the Building Code or this Bylaw
must submit to the Building Official, sufficient evidence to
demonstrate that the proposed alternate solution will provide the
level of performance required by the Building Code or this Bylaw
and pay the fee specified in the Development Services Fees and
Rates Bylaw No. 7683, 2014, as amended or replaced from time to
time.
5.3 2 Submissions for alternate solutions shall be in the form of a report
from a professional Architect or Engineer registered in British
Columbia and shall provide:
5.3.2.1
the owner's name and the name and address of the
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Professional Design & Field Review
construction project;
5.3.2.2
the background of the professional Architect or
Engineer proposing the alternate solution and the
qualifications and experience in this field;
5.3.2.3
the Sections of the Building Code or this Bylaw for
which the alternate solution is sought; and
5.3.2.4
certification in a form acceptable to the Building
Official, that the alternate solution has been designed
and will be field reviewed and installed in accordance
with the report submitted.
5.4
PROFESSIONAL DESIGN & FIELD REVIEW
5.4.1
The Building Official may require an owner applying for a building
permit to have permit application information prepared by a
registered professional, provided to the Building Official by a
report addressed to the City and signed and sealed by the
registered professional, where the Building Official considers this
is warranted by circumstances that relate to:
5.4.1.1
site conditions;
5.4.1.2
the size or complexity of the development; or
5.4.1.3
aspects of the development.
5.4.2
The owner shall obtain the design and field review services of
registered professional(s) where:
5.4.2.1
required by Part 2 of Division C of the Building Code;
5.4.2.2
for a building or structure in respect of which the
Building Official considers that the site conditions,
size or complexity of a building or group of buildings
or an aspect of a building or buildings so warrant; or
5.4.2.3
when the Building Official considers that construction
is on land that is subject to hazardous conditions
including concerns regarding slope stability, the
Building Official may require the owner of the land to
provide a report, at the owner's expense, certified by a
professional engineer with experience in geotechnical
engineering, that the lands may be used safely for the
use intended subject to the conditions contained in the
professional engineer's report.
5.4.3
Without limiting the preceding Section, where the Building Code
requires the use of registered professionals, the owner must ensure
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Professional Design & Field Review
that the registered professionals undertake both plan review and
field review.
5.4.4 Where the services of a registered professional are required under
Section 5.3 of this Bylaw or by the Building Code, the registered
professional shall provide design and field review supported by
Letters of Assurance in the form prescribed in the Building Code.
5.4.5
The Letters of Assurance provided pursuant to the Building Code
and this Bylaw are relied upon by the City and its Building Officials
as certification that the design, plans and construction to which the
Letters of Assurance relate substantially comply with the Building
Code, this Bylaw and other applicable codes, standards and
enactments.
5.4.6
A permit issued under this Bylaw shall include a notice to the
owner that the permit is issued in reliance upon the assurance of the
registered professionals that the design, plans and construction
comply with the Building Code, this Bylaw and other applicable
codes, standards and enactments and an owner using a registered
professional must confirm, in writing, to the City the owner's
acknowledgement that the City is relying on the certification of the
owner's registered professional.
5.4.7
When a registered professional provides Letters of Assurance
under this Bylaw or otherwise provides inspections or field
reviews, the City will rely solely on field reviews undertaken by
the professional and the Letters of Assurance and reports
submitted under this Bylaw as assurance that the construction
conforms to the design and that the construction complies with the
Building Code, this Bylaw and other applicable codes, standards
and enactments.
5.4.8
Where registered professionals are engaged by the owner, the
owner must ensure that the owner's coordinating registered
professional delivers to the Building Official, each month, a report
outlining substantial compliance with the plans and supporting
documents and the requirements of the Building Code.
5.4.9
Notwithstanding article 5.4.7 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.
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Cancellation of Application
5.5.
CANCELLATION OF APPLICATION
5.5.1 The Building Official may cancel an application if:
5.5.1.1
the application is incomplete;
5.5.1.2 the application is substantially inactive for 60 days or
longer; or
5.5.1.3
a permit has not been issued within 30 days of notification
by the Building Official that a permit is ready for issuance.
5.5.2 When an application is cancelled under this Section:
5.5.2.1
the Plan Processing fee is forfeited to the City, as
prescribed in the Development Services Fees and Rates
Bylaw No. 7683, 2014, as amended or replaced from time
to time; and
5.5.2.2
a re-application for a permit shall be processed as a new
application and is subject to payment of all applicable fees
as prescribed in the Development Services Fees and Rates
Bylaw No. 7683, 2014, as amended or replaced from time
to time.
5.5.3 If an application for a permit is cancelled under this Bylaw, the plans
and related documents may be destroyed by the Building Official
without any liability or compensation to the owner.
5.6
VALUATION FOR PERMIT
5.6.1. The valuation of construction set out in the application for a permit
shall be the total current monetary worth of all construction or work
related to the building or structure, and shall include:
5.6.1.1 site preparation and civil work including excavation and the
use of hoisting, pile driving, compaction or erection
devices;
5.6.1.2 all design documents, labour and fees involved in the
design, investigative testing, consulting services,
construction labour and management, even if provided by
the owner, or donated voluntarily by others, contractor's
profit and overhead, sales taxes and construction insurance;
and
5.6.1.3 all mechanical, electrical, plumbing, drainage and gas
installations necessary for the carrying out of the
construction to its completed form.
5.6.2 The owner must provide the Building Official with signed contracts,
invoices, estimates prepared by professionals, and other
documentation necessary to satisfy the Building Official as the
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Fees & Charges
monetary worth of the construction and work.
5.6.3 If the Building Official is unsatisfied with the value of construction
proposed by the owner and/or the documentation provided, the
Building Official may place a value on the construction or work for
the purpose of determining applicable permit fees by using an
appropriate method from a source of calculating valuation as the
Building Official deems reasonable, practical and expedient.
5.7.
FEES & CHARGES
BYLAW NO. 8161, 2020
5.7.1 Every person making an application for a building permit or
obtaining a service from the City shall pay the applicable fee and
charges imposed in the Development Services Fees and Rates
Bylaw No. 7683, and the Engineering Fees and Rates Bylaw No.
7553, 2013, as amended or replaced from time to time.
5.8.
ISSUANCE OF PERMIT
5.8.1 The Building Official shall issue the permit for which the application
is made when:
5.8.1.1 a completed application in compliance with this Bylaw,
including all required supporting documentation, has been
submitted, reviewed and accepted;
5.8.1.2 the owner or the owner's agent has paid all of the
required fees and charges prescribed by this Bylaw;
5.8.1.3 the owner or the owner's agent has paid all charges and met
all applicable requirements imposed by any other applicable
bylaws;
5.8.1.4 the proposed work set out in the application conforms with
the Building Code, this Bylaw and all other applicable
bylaws and enactments;
5.8.1.5 no enactment or covenant or agreement in favour of the
City authorizes or requires the permit to be withheld; and
5.8.1.6 The owner, owner's agent or signing officer if the owner is
a corporation, have signed the permit.
5.8.2 It is a term of every permit issued under this Bylaw that, for so long
as the permit is in effect:
5.8.2.1 the owner must comply with this Bylaw and all other
bylaws of the City, the Local Government Act, the
Community Charter and all other codes, standards and
enactments applicable to the proposed construction,
including the Building Code;
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Issuance of Permit
5.8.2.2 the owner must obtain and keep in force all other permits,
approvals, consents and permissions required under any
statute, regulation, order, enactment or covenant related to
the construction; and
5.8.2.3 the owner must undertake work in strict compliance with
the plans and other information submitted with the
application for the permit, as accepted by the Building
Official.
5.8.2.4 the Building Official may issue a permit on other
conditions that he considers advisable, including
conditions arising from the information provided to or
otherwise available to the Building Official in relation to
the application that is related to compliance with this
Bylaw.
5.8.2.5 if the Building Official becomes aware that a condition
ought to have been imposed within a permit, the Building
Official may add that condition to the permit by giving
written notice to the owner.
5.9.
PARTIAL PERMITS
5.9.1 The Building Official may, at the risk of the applicant, issue a permit
for a portion of a building or structure before the design, plans and
supporting documents for the entire building or structure have been
reviewed provided sufficient information has been provided to the
City to demonstrate to the Building Official that the portion
authorized to be constructed substantially complies with the
Building Code, this Bylaw, or other applicable codes, standards,
bylaws and enactments and the permit fee applicable to that portion
of the building or structure has been paid. Notwithstanding the
issuance of the permit, the requirements of this Bylaw shall apply to
the remainder of the building or structure as if the permit for the
portion of the building or structure had not been issued.
5.9.2 Excavation and Piling Permits
5.9.2.1 Prior to the issuance of a building permit the Building
Official may, at the risk of the applicant, issue an excavation
and/or piling permit in preparation for the construction
of a building or structure.
5.9.2.2 When a site has been excavated under a permit to
excavate issued pursuant to Section 5.11.1 of this Bylaw
and a further permit is not subsequently issued or a
subsisting permit has expired, but without the construction
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Bylaw No. 8125, 2019
of the building or structure having commenced, the owner
shall fill in the excavation to restore the original gradients of
the site within 60 days of being given notice to do so by the
City.
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Refusal to Issue a Permit
5.10. REFUSAL TO ISSUE A PERMIT
5.10.1 If requested by the applicant, the Building Official must give written
reasons for refusing to issue a permit under this Bylaw.
5.10.2 The Building Official may refuse to issue a permit where:
5.10.2.1 any of the requirements of this Bylaw have not been
satisfied.
5.10.2.2 the proposed construction will contravene the requirements
of the Building Code, this Bylaw, or other applicable
bylaws or enactments that require the City to withhold the
permit.
5.10.2.3 the results of the tests referred to in Section 4.1.2 of this
Bylaw are not satisfactory to the Building Official.
5.10.2.4 the parcel referred to in the permit application does not
have:
5.10.2.4(1) vehicular and/or fire-fighting access;
5.10.2.4(2) service to the parcel boundary from a City
water distribution system of sufficient size and
capacity to supply the water required under
enactments for potable domestic use and fire
protection services;
5.10.2.4(3) service to the parcel boundary by City sanitary
and storm sewers or combined sewer system or
approval for the installation of an alternative
disposal system; or
5.10.2.4(4) service to the parcel boundary by electrical
supply and/or other utilities proposed for use in
the project.
5.10.2.5 the descriptions, plans, specifications and other information
submitted by the applicant with the permit application are
not prepared in accordance with good engineering and
architectural practices.
5.11 PERMIT CONDITIONS
5.11.1 A permit is required to undertake any work regulated under this
Bylaw.
5.11.2 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.
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Permit Conditions
5.11.3 A permit or an application for a permit that is in process may not be
transferred or assigned until the owner has notified the Building
Official in writing, and paid the fee specified in the Development
Services Fees and Rates Bylaw No. 7683, 2014, as amended or
replaced from time to time. The transfer or assignment of a permit is
not an extension of a permit.
5.11.4 The review of plans and supporting documents and issuance of a
permit do not prevent the Building Official from thereafter requiring
the correction of errors in those plans and supporting documents, or
from prohibiting building construction or occupancy being carried
on when in violation of the Building Code, this Bylaw, or other
applicable codes, standards, bylaws and enactments
5.11.5 A building permit under this Bylaw will include the building address
assigned to the building by the City and the owner must visibly affix
that building address to the building in a conspicuous spot, while
under construction and afterwards.
5.12. TERMS OF PERMIT
5.12.1 A permit issued under this Bylaw shall have a term of two years or
such longer time, requested by the owner and agreed to by the
Building Official considering the scope and complexity of the
construction, unless a shorter term is expressly provided for under
this Bylaw.
5.12.2 Subject to extension of a permit under article 5.13.4, a permit issued
under this Bylaw is issued on the condition that it shall expire and
the rights of the owner under the permit shall completely terminate
if:
5.12.2.1 no work authorized by the permit is commenced within 6
months of the date the permit is issued;
5.12.2.2 work authorized by the permit is discontinued or
suspended for more than 6 months from the date of the
last inspection by the Building Official or Registered
Professional, as applicable;
5.12.2.3 the owner does not call for an inspection by the Building
Official or Registered Professional, as applicable, for
more than 6 months;
5.12.2.4 the work authorized by the permit is not completed within
term of the permit as indicated on the permit; or
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Terms of Permit
5.12.2.5 the title of the parcel on which the permit authorizes work
to be done is transferred to a different owner without a
transfer of the permit under this Bylaw, or the tenancy of
the parcel is transferred to a different tenant without a
transfer of the permit under this Bylaw.
5.12.3 Where a permit has expired under article 5.12.2, work shall not re-
commence until a new permit is issued and all construction shall
comply with this Bylaw, the current Building Code, this Bylaw, or
other applicable codes, standards, bylaws and enactments in force at
the time of the new application.
5.12.4. If a permit has not yet expired or within 30 days of the expiry of a
permit, the owner may apply to the Building Official for an
extension of the permit if:
5.12.4.1 the permit is in good standing and has not been
revoked or cancelled;
5.12.4.2 all fees are paid up to date;
5.12.4.3 all the original permit information is still valid and
applicable;
5.12.4.4 there are no violations of existing permit conditions;
5.12.4.5 all external approvals and conditions are current and
valid;
5.12.4.6 all applicable descriptions, plans, and specifications in
support of the application are compliant with this Bylaw,
including any amendments to the Bylaw since the permit
was issued; and
5.12.4.7 the owner has paid the extension fee outlined in the
Development Services Fees and Rates Bylaw No.
7683, 2014, as amended or replaced from time to time.
5.12.5 Where construction has not commenced within 6 months from the
date the permit was issued, the Building Official may extend the
permit for a period not more than 90 days from the date of expiry of
the original permit, but the permit shall then be void if construction
has not started within 270 days from the original date of the issuance
of the permit.
5.12.6 Where construction has commenced and has not been discontinued
or suspended for a period of more than 6 months, the Building
Official may extend the expiry date for the permit for such period of
time as the Building Official considers reasonable, where the
Building Official is satisfied that there exists a reasonable excuse for
the delay in completing construction.
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Terms of Permit
5.12.7 An owner may return an issued permit to the Building Official and
request cancellation of that permit, provided no work has
commenced.
5.12.8 The Building Official may revoke a permit if:
5.12.8.1
there is a violation of any condition under which the
permit was issued;
5.12.8.2
there is a violation of any provision of the Building
Code, this Bylaw, or other applicable codes,
standards, bylaws and enactments.;
5.12.8.3
the results of any tests carried out pursuant to Part 3 of
this Bylaw are not satisfactory to the Building Official;
5.12.8.4
the owner fails to comply with an order or notice
issued under this Bylaw;
5.12.8.5
the permit was issued in error; or
5.12.8.6
the permit was issued on the basis of false, misleading
or incorrect information.
5.12.9 The Building Official shall send a written notice of the permit
revocation to the permit holder.
5.12.10 If a permit expires, is cancelled or is revoked prior to completion
of the construction authorized by the permit, the owner shall do
everything necessary to leave the property in a safe and not
unsightly condition.
5.12.11 An owner may apply to revise a permit, including a term or
condition of the permit, by making application to the Building
Official, and paying the revision fee specified in the Development
Services Fees and Rates Bylaw No. 7683, 2014, as amended or
replaced from time to time.
5.12.12 The Building Official may require the applicant of a revision to
provide any or all of the information required for a permit,
provided that it reasonably relates to the requested revision.
5.12.13 The Building Official may:
5.12.13.1
issue a revision to the permit if satisfied that the
requested revision complies with this Bylaw; or
5.12.13.2
refuse the revision, with written reasons to the
applicant.
5.12.14 If a fee simple owner transfers the fee simple of the property or the
tenant transfers the lease or other tenancy agreement while an
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Terms of Permit
application is pending, the owner must apply to the Building
Official to transfer the application to the new owner.
5.12.14.1
Upon the new owner signing the form prescribed by
the Building Official agreeing to be fully responsible
for the application, and upon the new owner paying a
transfer fee and providing replacement security to the
City if applicable, as specified in the Development
Services Fees and Rates Bylaw No. 7683, 2014, as
amended or replaced from time to time, the Building
Official may confirm the transfer of the application.
5.12.14.2
Upon transfer of a permit pursuant to this Bylaw, the
transferee shall become the owner for all purposes of
this Bylaw, and the City may enforce all the provisions
of this Bylaw and conditions of the permit against the
transferee notwithstanding that any breach of this
Bylaw or permit arose or occurred prior to the transfer,
whether known to the City or not.
5.12.14.3
Transfer of a permit pursuant to this Bylaw shall not
constitute or be deemed to constitute any
representation by the City that any actions authorized
by the permit or undertaken on the property were
undertaken or completed in compliance with this
Bylaw or the permit.
BYLAW NO. 8161, 2020
5.12.15 If an owner changes contractors before construction is completed,
a valid permit may be transferred to a new contractor upon
payment of a transfer fee as specified in the Development Services
Fees and Rates Bylaw No. 7683, 2014, as amended or replaced
from time to time.
5.12.16 The prohibitions and regulations in this Bylaw apply to all
construction and building activities within the City that are the
subject of a permit under the former bylaw.
5.12.17 All valid and subsisting permits issued by the City under the
former bylaw are permits under this Bylaw and all conditions of
those permits shall continue to apply until expiry, amendment,
cancellation or other termination of those permits.
5.12.18 No permit shall be renewed, transferred or amended except in
accordance with the requirements of this Bylaw.
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Demolition Permits
5.13 DEMOLITION PERMITS
5.13.1 No owner may demolish a building, or any part of it, unless the
owner has been issued a demolition permit under this Bylaw.
5.13.2 An application for a demolition permit shall:
5.13.2.1
be made using the application form prescribed, from
time to time, by the Building Official and all
information on that form must be completed;
5.13.2.2
be accompanied by the fee for a demolition permit
specified in the Development Services Fees and Rates
Bylaw No. 7683, 2014, as amended or replaced from
time to time, for each building or structure to be
constructed;
5.13.2.3
be signed by the owner or agent, or a signing officer if
the owner or agent is a corporation;
5.13.2.4
be accompanied by a Consent to Demolition form,
signed by the owner, or a signing officer if the owner
is a corporation;
5.13.2.5
include a copy of a Land Title Office search of the
land made within 48 hours of the date of the
application;
5.13.2.6
be accompanied by a Rodent Abatement and Control
Declaration report, as prescribed by the Building
Official, completed and signed by a licensed pest
control company; and
5.13.2.7
be accompanied by plans, documents and other
information required by the Building Official to
establish substantial compliance with this Bylaw, and
any other applicable enactments relating to demolition.
5.13.3 Where an owner fails to disconnect all services and such failure
results in damage to the City's utilities, the owner shall pay the
actual costs incurred by the City in repairing the resulting damage.
5.13.4 In carrying out the demolition of a building or structure, the owner
shall do everything necessary to ensure protection of public safety,
in accordance with the Building Code and other applicable
enactments respecting safety.
5.13.5 Upon completion of the demolition of a building, or part of it, the
owner must remove all cellars, foundations, and other remaining
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structures, and backfill excavations to grade level with native
backfill or other granular material, and leave the property is a
clean, level and safe condition, to the satisfaction of the Building
Official.
5.13.6 The Building Official may issue a conditional permit for demolition
where the owner requires approval from the City under the BC
Residential Tenancy Act.
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Bylaw No. 8125, 2019
Second Dwelling- Delayed Demolition
5.14
SECOND DWELLING - DELAYED DEMOLITION
5.14.1 Where only one dwelling unit is permitted on a parcel, the owner
or owner's agent may obtain a permit to construct or relocate a
second dwelling unit on the parcel by:
5.14.1.1
providing a sworn statement of his or her intention to
demolish the first dwelling unit or to complete the
conversion of it to a permitted use, within 60 days of
occupying the second dwelling unit; and
5.14.1.2
depositing in the form satisfactory to the City, a
security deposit as prescribed in the Development
Services Fees and Rates Bylaw No. 7683, 2014, as
amended or replaced from time to time, along with a
written consent and authorization for the City to enter
upon the parcel, demolish the first dwelling unit and
apply the security deposit towards any costs involved
in such demolition where the first unit has not been
either demolished or converted to a permitted use
within 60 days of a final Inspection.
5.14.2 The City shall return the security deposit to the owner upon
receiving proof from the owner that the first dwelling unit has
either been demolished or converted to a permitted use in
accordance with the bylaws of the City.
5.15
STRATA CONVERSION
5.15.1 Where a building or structure is proposed to be altered from rental
or co-operative to strata-title, a report prepared by a registered
professional is to be submitted to the Building Official outlining:
5.15.1.1
feasibility analysis of obtaining compliance to the
current Building Code; and
5.15.1.2
description of proposed upgrades to obtain substantial
compliance to the current Building Code.
5.16 FACTORY-BUILT BUILDINGS, BUILDING COMPONENTS &
FLOAT HOMES
5.16.1 No owner may erect or install a factory-built building or float
home on his or her property without a permit issued under this
Bylaw.
5.16.2 In addition to the requirements in Section 5.2, for factory-built
buildings, building components or float homes, permit applications
shall be accompanied with:
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Factory-Built Buildings, Building Components & Float Homes
5.16.2.1
plans and supporting documents showing the proposed
location and construction of the building;
5.16.2.2
plans and supporting documents showing installation
and servicing details of the building;
5.16.2.3
confirmation that the building is CSA-certified and/or
a design certificate of a professional engineer
registered in British Columbia; and
5.16.2.4
a certification that the fabrication and field assembly
or erection of the building or components has been
reviewed by a professional engineer registered in
British Columbia and found to be in substantial
compliance with the Building Code and any other
applicable enactments.
5.16.3 Float homes shall be constructed and located in accordance with
the current edition of the "BC Float Home Standard".
5.17 SOLAR HOT WATER READY
5.17.1 Except for 5.17.2, applications for building permits for
construction of new buildings of residential occupancy that
contain one dwelling unit or one dwelling unit and one secondary
suite must contain plans or other information satisfactory to the
Building Official to confirm that the construction complies with
the Solar Hot Water Ready Regulation, BC Reg. 101/2011, as it
may be amended or replaced from time to time.
5.17.2 Where it is shown to the satisfaction of the Building Official that
the building site conditions do not permit the effective use of solar
hot water heating, 5.17.1 does not apply.
5.17.2.1
an application to the Building Official under article
5.17.2 of this Bylaw must be made in writing,
accompanied by a non-refundable application fee as
set out in the Development Services Fees and Rates
Bylaw No. 7683, 2014, as amended or replaced from
time to time, and supported by plans, documents and
other information satisfactory to the Building Official
to enable the Building Official to make a decision as to
the exemption.
5.17.2.2
an exemption under article 5.17.2 of this Bylaw is not
valid unless it is given in writing to the owner by the
Building Official.
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Bylaw No. 8125, 2019
Inspections
PART 6
INSPECTIONS
6.1
It is the sole responsibility of the owner to call for all required inspections
as prescribed by the Building Official.
6.2
No aspect of the work to be inspected by the Building Official shall be
concealed until a Building Official has accepted it in writing. If the
Building Official is unable to undertake an inspection of work because the
owner has covered the work or permitted the work to be covered, the owner
shall be responsible to remove everything obscuring the work to be
inspected.
6.3
When a registered professional provides letters of assurance under this
Bylaw, the City will rely on field reviews undertaken by the registered
professional and the letters of assurance submitted as certification that the
construction conforms to the design, and that the construction complies
with the Building Code, this Bylaw and any other applicable enactments.
6.4
In addition to field reviews required by Sections 5.4 and 6.3, the owner, or
the owner's agent, shall give notice to the City when requesting an
inspection and shall obtain an inspection and receive acceptance of the
Building Official of the following aspects of the construction prior to
concealing:
6.4.1
the foundation and footing forms when complete, but before
concrete is poured therein. Prior to approval of the forms, a licensed
British Columbia Land Surveyor's certificate may be required to
determine the location or elevation of the forms on-site;
6.4.2
the forms for the floor slab, vapour barrier, perimeter insulation on
the inside of concrete foundation walls, reinforcing steel, and
heating ductwork, and/ or pipes for radiant heat when complete, but
prior to the placing of concrete. Plumbing located below the
finished slab level must be inspected and approved by the City prior
to this inspection;
6.4.3
the installation of a methane protection/control system;
6.4.4
the framing, roofing, sheathing, fire-stopping, bracing, chimney and
duct work, and rough plumbing when complete, but before the
insulation, or other interior finish which would conceal such work,
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Inspections
is applied. Prior to sheathing and/or framing inspection a non-
encroachment certificate from a licensed British Columbia Land
Surveyor is required.
6.4.5
the insulation and the vapour barrier when in place, but before the
interior finish which would conceal such work, is applied;
6.4.6
the building or structure when substantially complete and ready for
occupancy, but before occupancy of the whole or part of the
building or structure takes place.
6.5
Notwithstanding Sections 6.3 and 6.4, a Building Official may attend
periodically at the site of the construction to ascertain whether:
6.5.1
the work is being carried out in conformance with the permit, the
Building Code, this Bylaw, any other applicable bylaws of the City
and any other applicable enactment, and
6.5.2 the required field reviews by the registered professionals are taking
place.
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Bylaw No. 8125, 2019
Occupancy Certificate
PART 7
OCCUPANCY CERTIFICATE
7.1
Except as expressly permitted by this Bylaw, no person shall occupy a
building or structure until an occupancy certificate has been issued to the
owner under this Bylaw for:
7.1.1 the initial occupancy of a building or structure after completion of
construction; or
7.1.2 any change in class of occupancy of any building or structure. For
the purposes of this Section, classes of occupancy are assembly,
institutional, residential, commercial, mercantile and industrial.
7.2
An owner must obtain an occupancy certificate under this Bylaw before
any occupation of a building or structure after part of it has been
demolished or after part of it has been altered or extended.
7.3
An occupancy certificate shall only be issued when:
7.3.1 all documentation and letters of assurance have been submitted as
required under the Building Code or this Bylaw.
7.3.2 all aspects of the work requiring inspection and acceptance
have been inspected and accepted.
7.3.3 the owner has satisfied the Building Official that the building or
part of it complies with the Building Code, this Bylaw, any other
health and safety requirements established by bylaw, and any other
Federal or Provincial enactment in relation to health or safety.
7.4
An occupancy certificate shall be signed and issued by the Building
Official.
7.5
Prior to completion of construction, where portions of a new building are
suitable for occupancy the Building Official may issue a conditional
occupancy certificate to allow the occupancy of a building, or part thereof
subject to:
7.5.1 compliance with all health and safety requirements;
7.5.2 the requirements of Section 7.3 have been satisfied;
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Occupancy Certificate
7.5.3 such other conditions as the Building Official may require are
completed, and
7.5.4 the fees set out in the Development Services Fees and Rates Bylaw
No. 7683, 2014, as amended or replaced from time to time, have
been paid.
7.6
The owner is solely responsible for ensuring the safety of the
portions of the building for which the phased occupancy certificate
has been issued and the safety of persons occupying those portions,
during continuation of the construction of the remainder of the
building, and the owner must ensure that further work on the
building will not result in any unsafe condition to those portions or
those persons.
7.7
The Building Official may revoke a certificate for conditional occupancy
for failure to comply with any conditions of the approval.
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Bylaw No. 8125, 2019
Fire Sprinkler and Standpipe Systems
PART 8
FIRE SPRINKLER AND STANDPIPE SYSTEMS
Special Regulations Relating to Construction
8.1
Sprinkler Installation
8.1.1 Except as provided in Sections 8.3 and 8.4, the requirements of this
Section shall apply to the following:
8.1.1.1
all new buildings containing a mercantile, assembly,
industrial, institutional, business and personal service or
residential occupancy other than a detached single family
dwelling containing no more than one authorized
secondary suite;
8.1.1.2
all existing buildings containing a mercantile, assembly,
industrial, institutional, business and personal service or
multi-family residential occupancy upon the creation of
one or more additional dwelling units; and
8.1.1.3
any existing building containing a mercantile, assembly,
industrial, institutional, business and personal service, or
residential occupancy other than a single family dwelling
where the sum of the floor areas of vertical and horizontal
additions made and currently applied for exceeds 20% of
the building area existing two years prior to the date of the
application being made.
8.1.2 Unless otherwise exempted under Section 8.3, every building
referred to in this Section shall be sprinklered in accordance with the
applicable current edition of National Fire Protection Association
(NFPA) "Standard for the Installation of Sprinkler Systems".
8.2
Where the height or floor area of a new building would require the use of
more than 100 feet (30.5m) of hose to reach the most remote room in the
building measured from the street firefighting access entrance, a Class 1
standpipe system shall be installed and maintained to the standard set out in
the current edition of the Building Code.
8.3
The following categories of buildings are exempt from the requirements of
Section 8.1:
8.3.1 detached portable classrooms;
8.3.2 construction site offices, tool sheds and similar structures, during the
period of construction on any particular site;
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Fire Sprinkler and Standpipe Systems
8.3.3 detached gas station canopies;
8.3.4 detached buildings under 50 square meters in area and 140 cubic
meters in volume;
8.3.5 one and two storey open air storage garages (parkades); and
8.3.6 fabric covered structures, not exceeding 120 square meters, used for
storage purposes accessory to a principal commercial or industrial
use.
8.4
An owner must obtain a sprinkler permit under this Bylaw before installing
a sprinkler system unless the sprinkler system is already included within an
existing building permit under this Bylaw.
8.5
As required by the Building Code, all sprinkler systems installed must
comply with the current edition of the National Fire Protection
Association's "Standard for the Installation of Sprinkler Systems".
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Bylaw No. 8125, 2019
Construction in Queensborough Area
PART 9
CONSTRUCTION IN QUEENSBOROUGH AREA
9.1
All buildings or structures located in Queensborough Area shall:
9.1.1 comply with the City`s Queensborough Construction Guidelines;
and
9.1.2 have their minimum finished floor elevation, including crawl space
and basement floors, not lower than 1.52 m (5 feet) above the
geodetic datum or 150 mm (6 inches) above the center of the road
abutting the property, whichever elevation is greater, provided,
however, that where the center of the road elevation proves to be
impractical in the opinion of the Building Official, the minimum
elevation shall be 150 mm (6 inches) above natural grade which will
be established by the Director of Engineering. The elevation of the
finished grade of the yard must be at least 50 mm (2 inches) lower
than the elevation of the crawl space floor, basement floor or ground
floor.
9.2
The requirements pertaining to retaining structures in Part 13 of this Bylaw
do not apply to the Queensborough Area of the City of New Westminster
and the owner is referred to the "Guidelines for Construction in
Queensborough" for details.
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Bylaw No. 8125, 2019
Moving a Building
PART 10
MOVING A BUILDING
10.1 No person shall move a building or structure into or from one lot to another
within the City of New Westminster without first making an application for
a permit as required by Part 2 of this Bylaw and obtaining a permit.
10.2 The building or structure shall comply with or be altered to comply with
this Bylaw and all other applicable bylaws of the City and the current
edition of the Building Code for existing buildings.
10.3 The Building Official may issue a permit for construction involved in the
moving of any building or structure into or from one lot to another within
the City of New Westminster when the owner has paid all applicable fees
and:
10.3.1
deposited with the City a security deposit as prescribed in the
Development Services Fees and Rates Bylaw No. 7683, 2014, as
amended or replaced from time to time, in the form of cash or a
letter of credit to insure that the building or structure or is moved
onto the new parcel within the City of New Westminster within
180 days from the date of issuance of the permit;
10.3.2
provided to the City:
10.3.2.1 a certificate of insurance evidencing commercial general
liability insurance on an occurrence basis of not less
than $5,000,000 against injury and property damage
arising out of the moving of the building or structure.
The insurance policy shall be endorsed to add the City as
an additional insured and include a cross liability clause,
and be endorsed to provide the City with advance
written notice of cancellation, and
10.3.2.2 written approval of the City, approving the date, time,
and route of moving the building or structure.
10.3.3
The City shall return the security deposit to the owner or the
owner's agent when:
10.3.3.1 the building move is completed; and
10.3.3.2 the original site is in compliance with Article 5.14.5.
10.3.4
The City may draw on the security deposit to pay all costs and
expenses incurred by the City in enforcing the requirements of this
Page 45 of 55
Bylaw No. 8125, 2019
Section then return the remainder to the owner or the owner's
agent.
Page 46 of 55
Bylaw No. 8125, 2019
Temporary Structures
PART 11
TEMPORARY STRUCTURES
11.1 The Building Official may issue a permit to construct a temporary building
or structure for occupancy if the building or structure is located in
compliance with the City's Zoning Bylaw, built to compliance with the
Building Code and this Bylaw, and connected to City utility services, as
required by City bylaws.
11.2 The permit may be issued for a period not exceeding one year. A one year
extension may be granted upon application and payment of an extension fee
as outlined in the Development Services Fees and Rates Bylaw No. 7683,
2014, as amended or replaced from time to time. Only one such extension
will be granted. If the building is to be retained past 2 years, then it must be
brought into full compliance and will be considered a permanent building.
11.3 The application for a permit to construct a temporary building or structure
must be made in the form described in Section 5.11 and signed by the
owner or agent, including:
11.3.1
plans and supporting documents showing the location of the
building or structure,
11.3.2
plans and supporting documents showing construction details of
the building or structure;
11.3.3
a statement by the owner of the intended use and duration of the
temporary structure, and an explanation of why it is to be
considered a temporary structure;
11.3.4
plans and supporting documents showing proposed parking and
loading space;
11.3.5
in the case of a manufactured building, confirmation that the
building is CSA-certified;
11.3.6
a report or drawing by an Architect or Engineer registered in
British Columbia confirming compliance with the Building Code,
this Bylaw, the City's Zoning Bylaw and other applicable bylaws.
11.4 Before receiving a permit for a temporary building or structure for
occupancy, the owner must pay to the City the applicable permit fee set out
in the Development Services Fees and Rates Bylaw No. 7683, 2014, as
amended or replaced from time to time,.
11.5 A permit fee for a temporary building or structure is not refundable.
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Temporary Structures
11.6 Except for permits issued to School District 40, before issuing a temporary
building or structure permit the owner shall provide to the City:
11.6.1 security in the amount specified in the Development Services Fees
and Rates Bylaw No. 7683, 2014, as amended or replaced from
time to time; and
11.6.2 a covenant to remove the building or structure at the expiry of the
temporary building or structure permit and if the owner does not
do so, permitting the City to do so using the security provided by
the owner.
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Bylaw No. 8125, 2019
Swimming or Ornamental Pool Enclosure
PART 12
SWIMMING OR ORNAMENTAL POOL ENCLOSURE
12.1 All swimming or ornamental pools shall be enclosed within a fence or other
structure.
12.2 Except for the special provisions relating to wire mesh fences in Section
12.3 of this Bylaw every fence or other structure enclosing a swimming or
ornamental pool shall be:
12.2.1
not less than 1070 mm in height with no openings greater than 100
mm in their least dimension;
12.2.2
designed and constructed so that no horizontal member or
attachment located between 100 mm and 900 mm above ground
level on the outside of the fence will facilitate climbing;
12.2.3
designed and constructed to provide access to the area enclosed by
the required pool fence, other than through a dwelling unit, by
means of a self-closing and self-latching door or gate, minimum
1070 mm in height, designed to return to the secured latched
position when not in use; and
12.2.4
secured by access doors and/ or gates with latches that shall not be
accessible from the outside of the fence, and shall be located a
minimum of 220 mm from the top of the door or gate, and a
minimum of 450 mm from any opening in the door, gate, or fence.
12.3 Notwithstanding anything in this Bylaw, wire mesh fencing and gates may
be used only where:
12.3.1
the mesh is installed diagonal;
12.3.2
the mesh strands are no more than 25 mm apart in both directions;
12.3.3
the mesh strands have been woven, welded, or otherwise
constructed in such a manner as to be dimensionally stable;
12.3.4
the fence and gate are securely braced top and bottom to prevent
sagging, bulging or lifting; and
12.3.5
the fence and gate are a minimum of 1219 mm in height.
12.4 The owner of any property on or in which a swimming or ornamental pool
is located must maintain all fences, gates or covers required under Part 12 in
good order at all times and must immediately repair or replace any sagging
fences, gates, loose parts, torn mesh, missing materials, worn latches, locks
or broken or binding members.
12.5 In lieu of a fence, a spa or hot tub may be covered with a locking cover to
Page 49 of 55
Bylaw No. 8125, 2019
prevent unauthorized access to the water
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Bylaw No. 8125, 2019
Retaining Structures
PART 13
RETAINING STRUCTURES
13.1 No owner shall erect or construct a retaining structure without a permit
under this Bylaw where:
13.1.1 any part of it is greater than 1.2 m in height as measured from the
bottom of the foundation to the top of the retaining structure;
13.1.2 it is located in a flood plain area; or
13.1.3 it supports a road or lane.
13.2
Construction of every retaining structure shall include installation of a
drainage connected to an approved drainage system.
13.3 An owner must apply for a permit as prescribed by the Building Official.
See Article 5.1.1.
13.4 An owner applying for a permit must pay the permit fee specified in the
Development Services Fees and Rates Bylaw No. 7683, 2014, as amended
or replaced from time to time.
13.5 Every application for a permit shall include a design of the retaining
structure prepared by, signed by and sealed by a registered professional, as
well as a commitment of the registered professional to undertake field
reviews of the construction of the retaining structure.
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Bylaw No. 8125, 2019
Energy Efficiency
BYLAW NO. 8433, 2023
PART 14
ENERGY EFFICIENCY AND GREENHOUSE GAS
EMISSIONS
BYLAW NO. 8388, 2023; 8433, 2023
14.1. Buildings and structures must be designed and constructed in compliance
with the applicable step of the BC Energy Step Code and BC Zero Carbon
Step Code in the BC Building Code as set out in the schedule below:
BYLAW NO. 8433, 2023
Building Permit applications filed on or after
Part 9 Residential
Jan 1,
2020
May 1,
2023
Jan 1,
2024
Jan 1,
2025
Jan 1,
2027
Energy Step Code and Zero Carbon Step Code requirements as per BC Building Code,
Article 9.36.6 and 9.37.1.3 of Division B (as amended from time to time)
Single or Two
Family
Dwellings
Step 3
Step 3
Step 5
EL-1
[or]
Step 3
EL-4
Step 5
EL-2
[or]
Step 4
EL-4
Step 5
EL-4
Laneway and
Carriage
Dwellings
Step 2
Step 3
Townhomes and
Apartment
Buildings
up to three
floors
Step 3
Step 3
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Bylaw No. 8125, 2019
Energy Efficiency and Greenhouse Gas Emissions
Building Permit applications filed on or after
Part 3 Multi-Family
Residential
Jan 1, 2020
May 1, 2023
Jan 1, 2024
Jan 1, 2025
Jan 1, 2027
Energy Step Code and Zero Carbon Step Code requirements as per BC Building Code, Subsection
10.2 and 10.3 of Division B (as amended from time to time)
Group C
Residential
Occupancies
Step 3
[or]
Step 2 with
approved Low
Carbon Energy
System
Step 3
Step 3
EL-1
Step 4
EL-1
[or]
Step 3
EL-4
Step 4
EL-4
Hotels / Motels
Building Permit applications filed on or after
Part 3 Commercial
Jan 1, 2020
Jan 1, 2024
Jan 1, 2025
Jan 1, 2027
Energy Step Code and Zero Carbon Step Code requirements as per Building Code,
Subsection 10.2 and 10.3 of Division B (as amended from time to time)
Offices (Business and
Personal Services)
Step 2
Step 2
EL-1
Step 3
EL-1
[or]
Step 2
EL-4
Step 3
EL-4
Other Group D and E
Occupancies
(Mercantile)
Note: Building Types and Occupancies not include in the above table are required to
comply with the BC Building Code requirements for energy efficiency and carbon
performance
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Bylaw No. 8125, 2019
Energy Efficiency and Greenhouse Gas Emissions
BYLAW 8433, 2023
14.2 Where the constructed building does not meet the performance
requirements of the applicable step of the BC Energy Step Code and the
Zero Carbon Step Code the Building Official may issue a conditional
occupancy certificate for the building in accordance with Part 7 of this
Bylaw until the building is brought into full compliance.
BYLAW NO. 8161, 2020
14.3 Energy Efficiency Performance Bond:
To ensure compliance with the applicable step of the BC Energy Step Code
is achieved in accordance with the requirements of Section 14.1, an energy
efficiency performance bond, as specified in the Development Services Fees
and Rates Bylaw No. 7683, 2014, as amended or replaced from time to
time, shall be provided prior to issuance of a building permit. The energy
efficiency performance bond will be released once it has been verified that
the project has been constructed to achieve the energy efficiency
performance level in accordance with Section 14.1 and the project has been
granted occupancy. The bond, if forfeited, will be utilized to improve
energy performance in the subject building or will be rolled into the City's
Carbon Reserve Fund and utilized to meet the City's energy use and GHG
emissions targets.
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Bylaw No. 8125, 2019
BYLAW NO. 8161, 2020
PART 15
SECURITY FOR DAMAGE TO MUNICIPAL FACILITIES
AND/OR OBSTRUCTION OF ROADS BY BUILDERS
15.1. In addition to any other fee payable pursuant to this bylaw, where the
construction site is served by any street upon which there is a sidewalk, curb
and gutter, drainage swale, street light, storm sewer, sanitary sewer, water
service, or a combination of any of these, either existing or required to be
completed prior to final inspection and acceptance of the property, every
applicant for a building permit shall, at the time of application, deposit with
the City security, in a form acceptable to the City in the amount prescribed in
and the Engineering Fees and Rates Bylaw No. 7553, 2013, as amended or
replaced from time to time.
15.2 The applicant shall make an inspection of all City properties adjacent to the
construction site and shall submit a report, with photographs attached, of any
existing damage to the City Engineering Department prior to commencing
work. All damage to City property observed at final inspection shall be
deemed to be caused by the applicant, unless reported as outlined above.
15.3 The Security may be applied by the City in payment of any costs or expenses
which may be incurred by the City in repairing, installing or replacing City
properties which are damaged during, and such damage is attributable to the
carrying out or construction of the works authorized by the building permit
or which are incidental to such works; or, for clearing any debris, materials,
dirt, chattels or equipment which has accumulated on any street, road,
avenue, alley, sidewalk, boulevard or any part of a road allowance as a result
of work carried out in connection with the building permit.
15.4 Engineering Operations shall inspect City properties adjacent to the
construction site after final inspection and acceptance by the Building
Official. Any damage to City properties caused directly or indirectly by the
construction related to the permit not repaired or corrected at the date of such
inspection shall be recorded. The City shall, at its convenience, complete the
necessary repairs and the full cost of the repairs shall be taken from the
Security. Should the Security be more than the cost of the repairs, the
remainder shall be returned to the applicant. Should the cost of the repairs be
more than the Security, the applicant or owner of the property for which the
building permit has been issued shall be required to pay those costs exceeding
the Security. If the costs are not paid, they may be added to, and collected in
the same manner as ordinary taxes per Article 3.2.4 of this bylaw.
Page 55 of 55
Bylaw No. 8125, 2019
15.5 Where during the course of construction, the City discovers that any street,
road, avenue, alley, sidewalk, boulevard or any part of a road allowance is
obstructed by debris, materials, dirt, chattels or equipment of the owner or his
agent, the owner shall remove the obstruction immediately. Failure to comply
will result in the City removing the obstruction and claiming the full cost of
removal from the Security. The owner shall then deposit sufficient money to
return the Security to its original amount.
15.6 The Security shall be returned to the applicant after:
(a)
a final inspection, acceptable to the Building Official has been
conducted; and
(b)
Engineering Operations has ascertained either that no damage has
occurred or that, if any damage to City property has occurred, the
damage has been repaired or corrected to the satisfaction of the City.
15.7 Forfeiture of the Security in no way relieves the applicant of responsibility
for the total cost of repair or correction should the cost exceed the Security.
Adopted September 9, 2019