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1
THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4247
A Bylaw relating to building, building demolition and moving, plumbing and blasting, within the
District of Oak Bay
Consolidated for Convenience to 27 May, 2024
to include amendment Bylaws No. 4304, 4345, 4493, 4595, 4679, 4718, 4827, *4845, and 4865)
(* Building, Planning and Development Fees Bylaw 4845)
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
I N T E R P R E T A T I O N
1
In this Bylaw:
The following words and terms have the meanings set out in the Building Code:
assembly occupancy, building, building area, building height, business and personal services
occupancy, care occupancy, constructor, coordinating registered professional, designer, detention
occupancy, field review, floor area, high hazard industrial occupancy, industrial occupancy, low
hazard industrial occupancy, major occupancy, medium hazard industrial occupancy, mercantile
occupancy, occupancy, registered professional, residential occupancy, secondary suite.
"Building Code" means the British Columbia Building Code as adopted by the Minister
responsible under provincial legislation, as amended or re-enacted from time to time.
"building official" includes the Director of Building and Planning for the Municipality and a
Building Inspector employed by or contracted to the Municipality.
"complex building" means a building
(1) whose major occupancy is assembly, care occupancy or detention occupancy, or high hazard
industrial; or
(2) exceeding 600 m2 in building area or 3 storeys in building height and whose major occupancy
is residential, business and personal services, mercantile, or medium hazard or low hazard
industrial.
"deconstruction" means the taking apart and removal of a building or structure from the parcel on
which it is located whereby not less than 50% by volume of the framing members of the building
Amendment Bylaw
4827, 2022
Amendment Bylaw
4595, 2013
Amendment Bylaw
4345, 2007
Amendment Bylaw
4827, 2022
2
or structure are removed substantially intact and in salvageable form so as to be capable of reuse
as framing members.
"Director of Building and Planning" means the Director of Building and Planning for the
Municipality, or his designate."Director of Engineering Services" means the Director of
Engineering Services for the Municipality, or his designate.
"fixture", in respect of a plumbing system, means a device, including a floor drain, for
discharging clear water waste or sewage, or for conveying water for domestic, fire suppression,
irrigation, commercial or industrial use.
"health and safety aspects of the work" means design and construction regulated by the Building
Code, including Parts 3, 4, 5, 6, 7, 8, 9 and 10 of Division A and Division B and subject to Parts 1
and 2 in relation to Parts 3 through 10, Division B.
"Municipality" means The Corporation of the District of Oak Bay.
"on-site services" means all pipes, conduits, fixtures and appurtenances located below ground
which carry water, sewage or storm water within the boundaries of a parcel but outside a
building, to or from municipal service connections.
"owner" means any person registered as the owner in fee simple of a property, or an agent
authorized by the owner in writing to represent the owner.
"renewal permit" means a building permit for the completion of work contemplated by a previous
permit that expires 6 months from the date of its issuance, and issued pursuant to Section 13(6)(b)
of this Bylaw.
"standard building" means a building which is 3 or fewer storeys in building height, having a
building area not exceeding 600 m2, and whose major occupancy is residential, business and
personal services, mercantile, or medium hazard or low hazard industrial.
"structure" means a construction or portion thereof, of any kind, whether affixed to, supported by
or sunk into land or water, but excludes landscaping, fences, paved surfaces and retaining walls
less than 1.2 metres in height.
"value" means the fair market value of the work proposed to be undertaken, including materials
whether donated or purchased, labour whether contracted, volunteered or provided by the owner,
design, consulting services, construction management services, construction insurance and
contractor's profit and overhead.
P U R P O S E O F B Y L A W
2
(1)
Despite any other provision it contains, this Bylaw shall be interpreted in accordance with
this Section.
(2)
The purpose of this Bylaw is to regulate construction within the Municipality in the general
public interest. Activities carried out by or on behalf of the Municipality pursuant to this
Bylaw are for the sole purpose of providing a limited and interim spot checking and
monitoring function for the health, safety and protection of persons and property. This
Amendment Bylaw
4827, 2022
Amendment Bylaw
4595, 2013
Amendment Bylaw
4595, 2013
Amendment Bylaw
4595, 2013
Amendment Bylaw
4493, 2010
3
Bylaw neither contemplates nor intends doing any of the following, and the purpose of this
Bylaw does not extend to any of the following:
(a) to the protection of any owner, owner / builder or constructor from economic loss;
(b) to the assumption by the Municipality or any building official of any responsibility for
ensuring the compliance by any owner, his or her representatives or any employees,
constructors or designers retained by him or her, with the Building Code, this Bylaw or
other applicable enactments respecting safety;
(c) to providing any person with a warranty of design or workmanship with respect to any
building or structure for which a permit is issued under this Bylaw;
(d) to providing a warranty or assurance that work done under a permit issued by the
Municipality is free from defects, including but not limited to latent defects.
P E R M I T C O N D I T I O N S
3
(1)
Except where the value of the project does not exceed $500.00 and the work does not
involve health and safety aspects, a permit is required whenever work regulated under this
Bylaw is undertaken.
(2)
Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans,
drawings or specifications or supporting documents, nor any inspections made by or on
behalf of the Municipality shall in any way relieve the owner or his or her representatives
from full and sole responsibility to perform the work in strict accordance with the Building
Code, this Bylaw or other applicable enactments respecting safety.
(3)
It shall be the full and sole responsibility of the owner (and where the owner is acting
through a representative, the representative) to carry out the work in respect of which the
permit was issued in compliance with the Building Code, this Bylaw and other applicable
enactments respecting safety.
(4)
Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans,
drawings or specifications or supporting documents, nor any inspections made by or on
behalf of the Municipality constitute in any way a representation, warranty or assurance or
statement that the Building Code, this Bylaw or other applicable enactments respecting
safety have been complied with.
(5)
No person shall rely upon any permit issued under this Bylaw as establishing compliance
with this Bylaw or assume or conclude that this Bylaw has been administered or enforced
according to its terms. The person to whom the permit is issued and his or her
representatives are responsible for making such determination.
S C O P E A N D E X E M P T I O N S
4
(1)
This Bylaw applies to:
(a) the design, construction and occupancy of new buildings and structures, and the
alteration, reconstruction, repair, demolition, deconstruction, removal, relocation and
occupancy of existing buildings and structures or portions thereof;
4
(b) the design, installation, alteration and repair of all plumbing systems and fixtures;
(c) the construction, installation, alteration and repair of any fireplace, chimney or solid
fuel-burning stove or other such appliance; and
(d) blasting.
(2)
This Bylaw does not apply to:
(a) buildings and structures exempted by Part 1 of the Building Code except as expressly
provided herein;
(b) retaining structures less than 1.2 metres in height;
(c) the clearing of obstructions or the repairing of leaks in pipes, valves or fixtures, when
such repairs do not involve or require the replacement or rearrangement of valves, pipes,
fixtures or hot water tanks.
P R O H I B I T I O N S
5
(1)
No person shall commence or continue any construction, alteration, repair, reconstruction,
demolition, deconstruction, removal or relocation or change the occupancy of any building
or structure, including excavation or other work related to construction, unless a building
official has issued a permit for the work.
(2)
Except as specifically provided herein, no person shall install, alter or repair any plumbing
system or fixture unless a building official has issued a permit for the work.
(3)
No person shall construct, install, alter or repair any fireplace, chimney or solid fuel burning
stove or other such appliance unless a building official has issued a permit for the work.
(4)
No person shall carry out blasting unless a building official has issued a permit for the work.
(5)
No person shall continue or resume work regulated by this Bylaw while a Stop Work notice
posted at the site of the work by a building official remains in effect.
(6)
No person shall occupy or use any building or structure contrary to the terms of any permit
or order issued or notice given by a building official.
(7)
No person shall occupy or use a building
(a) after a change in the building's occupancy classification, before a building official has
issued an occupancy permit for it;
(b) while a Do Not Occupy notice posted by a building official remains in effect.
(8)
No person shall knowingly submit false or misleading information to a building official in
relation to any permit application or construction regulated under this Bylaw.
Amendment Bylaw
4493, 2010
5
(9)
Unless authorized in writing by a building official, no person shall reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted upon or
affixed to a building or structure pursuant to this Bylaw.
(10) No person shall do any work that is substantially at variance with the accepted design or
plans of a building, structure or other works for which a permit has been issued, unless that
variance has been accepted in writing by a building official.
(11) No person shall obstruct the entry of a building official or other authorized official of the
Municipality on property in the administration of this Bylaw.
B U I L D I N G O F F I C I A L S
6
A building official may:
(1)
administer this Bylaw;
(2)
keep records of permit applications, permits, notices and orders issued, inspections and
tests made, and keep copies of documents connected with administering this Bylaw;
(3)
establish, if requested to do so, whether the methods or types of construction and types of
materials used in the construction of the building or structure for which a permit is sought
under this Bylaw substantially conform to the requirements of the Building Code;
(4)
enter lands, buildings, and premises, at any reasonable time, to administer this Bylaw, but
must, if a residence is occupied, either obtain the occupant's consent to enter the residence
or give written notice to the occupant at least 24 hours before entering it;
(5)
order the correction of any work that is being done or that has been done in contravention
of this Bylaw or another applicable bylaw of the Municipality relating to construction, land
use or development;
(6)
if the cessation of work has been ordered under Paragraph (10)(b), authorize the work to
continue when the contravention has been corrected;
(7)
refuse to issue any permit:
(a) whenever information submitted is inadequate to determine compliance with the
provisions of this Bylaw, the Building Code, or any other bylaw of the Municipality; or
(b) that would allow any building, structure, occupancy, siting or use that would not be
permitted under the provisions of this Bylaw, the Building Code, or any other bylaw of
the Municipality;
(8)
revoke a permit if:
(a) there is a contravention of any condition under which the permit was issued;
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(b) the permit was issued in error; or
(c) the application for the permit contained false or misleading information;
(9)
place a value on the cost of the work covered by a permit for the purpose of determining
the permit fee;
(10) order:
(a) a person who contravenes this Bylaw to comply with the Bylaw within a time specified
by the building official;
(b) work to stop if such work is proceeding in contravention of this Bylaw, the Building
Code or any other bylaw of the Municipality, by posting at the site of the work a Stop
Work notice;
(c) occupancy to cease where a person occupies a building in contravention of this Bylaw,
by posting a Do Not Occupy notice on the affected part of the building;
(d) the removal of any unauthorized encroachment or occupancy of public property that
has occurred in conjunction with work regulated by this Bylaw or any other bylaw of
the Municipality.
P E R M I T F O R M S
7
The Director of Building and Planning may prescribe the form of applications, permits, orders,
notices and other forms the use of which is contemplated by this Bylaw.
P E R M I T A P P L I C A T I O N S , G E N E R A L
8
(1)
Every person shall apply for and obtain
(a) a building permit before constructing, erecting, placing, relocating, reconstructing,
repairing or altering a building or structure;
(b) a plumbing permit before installing, repairing or altering any plumbing, fixture, on-site
servicing, irrigation system and similar works except as set out in Section 4(2)(c);
(c) a fireplace and chimney permit before constructing a masonry fireplace or installing a
solid fuel burning appliance or chimney unless the works are encompassed by a valid
and subsisting building permit.
(2)
An application for a permit shall be made in a form prescribed by the Director of Building
and Planning.
(3)
All plans submitted with permit applications shall bear the name, telephone number and
address of the designer of the building or structure.
7
(4)
Each building or structure to be constructed on a site requires a separate building permit
and shall be assessed a separate building permit fee calculated as prescribed in Schedule
"A" to this Bylaw.
(5)
An application for a building permit shall expire four (4) months from the date the
application is received by the Municipality, if the building permit has not been issued.
(6)
Despite Subsection (5) the Director of Building and Planning may extend a building permit
application by not more than four (4) months where:
(a) written application for extension is made to the Director of Building and Planning prior
to the expiry of the building permit application;
(b) the building permit application was not previously extended;
(c) failure to comply with the time limit set out in Subsection (5) is attributable to adverse
weather, strikes, material or labour shortages, or other hardship reasonably beyond the
control of the owner; and
(d) the enactments governing or regulating the use, construction, reconstruction, alteration,
relocation, removal, demolition or occupancy of the building or structure have not been
amended in a way that would have precluded the issuance of a building permit had
such amendments been in effect at the time of the building permit application was first
received by the Municipality.
(7)
(a) Effective May 1, 2023, any Part 9 building, as set out in the Building Code, must be
designed and constructed to meet the performance requirements specified in Step 3 of
the BC Energy Step Code.
(i) Effective September 1, 2024, any Part 9 building, as set out in the Building
Code, must be designed and constructed in conformance with Emission Level 4 of
the Zero Carbon Step Code.
(b) Effective September 1, 2024, a Part 3 building, as set out in the Building Code, that is
six storeys or less with major occupancy classified as residential must be designed and
constructed to meet the performance requirements specified in Step 3 of the BC Energy
Step Code.
(i) Effective September 1, 2024, a Part 3 building, as set out in the Building
Code, that is six storeys or less with major occupancy classified as residential
must be designed and constructed in conformance with Emission Level 4 of
the Zero Carbon Step Code.
(c) Effective May 1, 2023, a Part 3 building, as set out in the Building Code, with major
occupancy classified as residential occupancy, business and personal services
occupancy, or mercantile occupancy must be designed and constructed to meet the
performance requirements specified in Step 2 of the BC Energy Step Code.
(i) Effective November 1, 2024, a Part 3 building, as set out in the Building
Code, with major occupancy classified as residential occupancy, business and
personal services occupancy, or mercantile occupancy must be designed and
Amendment Bylaw
4595, 2013
Amendment Bylaw
4595, 2013
Amendment Bylaw
4718, 2018
Amendment Bylaw
4865, 2024
8
constructed in conformance with Emission Level 4 of the Zero Carbon Step
Code.
A P P L I C A T I O N S F O R C O M P L E X B U I L D I N G S
9
An application for a permit with respect to a complex building shall:
(1)
be made in the form prescribed by the Director of Building and Planning, signed by the
owner, or an authorized signing officer if the owner is a corporation, and the coordinating
registered professional;
(2)
be accompanied by the owner's acknowledgement in Form "1" appended to this Bylaw,
signed by the owner, or an authorized signing officer if the owner is a corporation;
(3)
include a copy of a title search print made within 30 days of the date of the application;
(4)
unless exempted in whole or in part by a building official where the permit is sought for the
repair or alteration of an existing building or structure, include a site plan prepared by a
British Columbia Land Surveyor showing:
(a) the bearings and dimensions defining the parcel taken from the registered subdivision
plan;
(b) the legal description and civic address of the parcel;
(c) the location and dimensions of all statutory rights of way, easements, covenanted areas
and setback requirements;
(d) the location and dimensions of all existing and proposed buildings or structures on the
parcel;
(e) setbacks to the natural boundary of the foreshore or any watercourse;
(f) the natural, existing and finished ground levels to an established datum at or adjacent to
the site;
(g) the location, dimensions and gradient of parking areas, aisles and stalls, and driveway
accesses;
(h) the location and diameter at a height of 1.3 metres above natural grade, of all trees of
the Garry oak species;
(5)
include scaled and dimensioned drawings prepared and sealed by the registered
professionals including floor plans, uses of all areas, elevations, cross-sections and details
showing that the building design substantially complies with the Building Code, all bylaws
of the Municipality and other applicable enactments respecting safety; such plans to show
without limitation the dimensions and heights of crawl and roof spaces; the location, size
and swing of doors; the location, size and opening of windows; floor, wall and ceiling
finishes; plumbing fixtures, drains, traps, waste pipes, vent pipes and inspection pieces;
structural elements; stair dimensions; a cross section through the building or structure
showing foundations, drainage, ceiling heights and construction systems; and elevations of
9
all sides of the building or structure showing finish details, roof slopes, windows, doors and
finished and natural grade;
(6)
include a site servicing drawing prepared and sealed by a registered professional, with
sufficient detail of off-site services to indicate locations at the property line;
(7)
include details of the water supply and demand information from a registered professional;
all to be submitted in the form, scale and numbers of copies required by a building official,
and containing complete design and calculation criteria including dimensions and ratios
required to determine compliance with floor area, lot coverage, setback, height and parking
regulations under the Zoning Bylaw and the Parking Facilities Bylaw of the Municipality;
(8)
include copies of approvals required under any enactment relating to health or safety,
including without limitation sewage disposal permits and Ministry of Health or other health
authority approval;
(9)
include copies of reports and / or approvals required under any enactment relating to energy
efficiency;
(10) include a letter of assurance in the form of Schedule "A" as referred to in Section 2.6 of
Part 2 of the Building Code, signed by the owner, or an authorized signing officer of the
owner if the owner is a corporation, and the coordinating registered professional;
(11) include letters of assurance in the form of Schedules "B-1" and "B-2" referred to in Section
2.6 of Part 2 of the Building Code, each signed by such registered professionals as a
building official or the Building Code may require to prepare the design for and conduct
field reviews of the construction of the building or structure;
(12) include copies of all encumbrances on title pertaining to the use of the property, including
but not limited to covenants, restrictive covenants, building schemes, easements, rights of
way and land use contracts;
(13) state the intended use or uses of and the value of each building or structure;
(14) include any other information required by a building official or the Building Code to
establish substantial compliance with this Bylaw, the Building Code and other enactments
relating to the building, structure or parking area.
A P P L I C A T I O N S F O R S T A N D A R D B U I L D I N G S
10 (1)
An application for a permit with respect to a standard building shall:
(a) be made in the form prescribed by the Director of Building and Planning, signed by the
owner, or an authorized signing officer if the owner is a corporation;
(b) be accompanied by the owner's acknowledgement in Form "1" appended to this Bylaw,
signed by the owner, or an authorized signing officer if the owner is a corporation;
(c) include a copy of a title search print made within 30 days of the date of the application;
Amendment Bylaw
4718, 2018
10
(d) unless exempted in whole or in part by a building official where the permit is sought for
the repair or alteration of an existing building or structure, include a site plan prepared by
a British Columbia Land Surveyor showing:
(i)
the dimensions defining the parcel taken from the registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii) the location and dimensions of all statutory rights of way, easements, covenanted
areas and setback requirements;
(iv) the location and dimensions of all existing and proposed buildings or structures on
the parcel;
(v)
setbacks to the natural boundary of the foreshore or any watercourse;
(vi) the existing and finished ground levels to an established datum at or adjacent to the
site;
(vii) the location, dimensions and gradient of parking and driveway access;
(viii) the location and diameter at a height of 1.3 metres above natural grade, of all trees
of the Garry Oak species;
(e) include scaled and dimensioned drawings including floor plans, uses of all areas,
elevations, cross-sections and details showing that the building design substantially
complies with the Building Code in respect of the health and safety aspects of the work,
all bylaws of the Municipality and other applicable enactments respecting safety and
health; such plans to show without limitation the dimensions and heights of crawl and
roof spaces; the location, size and swing of doors; the location, size and opening of
windows; floor, wall and ceiling finishes; plumbing fixtures, drains, traps, waste pipes,
vent pipes and inspection pieces; structural elements; stair dimensions; a cross section
through the building or structure showing foundations, drainage, ceiling heights and
constructions systems; and elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors and finished and natural grade;
all to be submitted in the form, scale and numbers of copies required by a building
official, and containing complete design and calculation criteria including dimensions
and ratios required to determine compliance with floor area, lot coverage, setback, height
and parking regulations under the Zoning Bylaw and the Parking Facilities Bylaw of the
Municipality;
(f) include copies of approvals required under any enactment relating to health or safety,
including without limitation sewage disposal permits and Ministry of Health or other
health authority approval;
(g) include copies of reports and / or approvals required under any enactment relating to
energy efficiency;
(h) unless exempted in whole or in part by a building official where the permit is sought
for the repair or alteration of an existing building or structure, include copies of all
encumbrances on title pertaining to the use of the property, including but not limited to
covenants, restrictive covenants, building schemes, easements, rights of way and land
use contracts;
Amendment Bylaw
4718, 2018
11
(i) state the intended use or uses and the value of each building or structure.
(2)
In addition to the requirements of Subsection (1), the following may be required by a
building official to be submitted with a building permit application for the construction of a
standard building where the project involves 2 or more buildings, which in the aggregate
total more than 1000 square metres, or 2 or more buildings that will contain 4 or more
dwelling units, or otherwise where, in the assessment of a building official, the complexity
of all or part of the proposed building or structure or siting circumstances warrant:
(a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional;
(b) a section through the site showing grades, buildings, structures, parking areas and
driveways;
(c) a roof plan;
(d) structural, electrical, mechanical or fire suppression drawings prepared and sealed by a
registered professional;
(e) certification by a professional engineer, professional geoscientist or architect that the
plans submitted with the permit application, or specified aspects of those plans, comply
with the Building Code and other applicable enactments respecting safety.
(f) any other information required by a building official or the Building Code to establish
substantial compliance with this Bylaw, the Building Code and other bylaws and
enactments relating to the building or structure.
P R O F E S S I O N A L P L A N C E R T I F I C A T I O N
11 (1)
The letters of assurance in the form of Schedules B-1 and B-2 referred in Section 2.6 of
Part 2 of the Building Code and provided pursuant to Sections 9(10) and 15(1) of this
Bylaw are relied upon by the Municipality and its building officials as certification that the
design and plans to which the letters of assurance relate comply with the Building Code and
other applicable enactments relating to safety.
(2)
A building permit issued pursuant to Subsection (1) shall include a notice to the owner that
the building permit is issued in reliance upon the certification of the registered
professionals that the design and plans submitted in support of the application for the
building permit comply with the Building Code and other applicable enactments relating to
safety.
F E E S A N D C H A R G E S
12 (1)
In addition to applicable fees and charges required under other bylaws of the Municipality,
a permit fee, prescribed and calculated in accordance with Schedules "A" and "B" to this
Bylaw, shall be paid in full prior to the issuance of any permit under this Bylaw.
In addition to applicable fees and charges required under other bylaws of the
Municipality, a permit fee, prescribed and calculated in accordance with the Fees and
Charges Bylaw shall be paid in full prior to the issuance of any permit under this Bylaw.
12
(Bylaw 4845, adopted Sept 11, 2023)
( Sections (2) to (8)Repealed)
(2)
The fees calculated in accordance with the said Schedules shall be doubled where work
regulated by this Bylaw has been commenced prior to the issuance of a permit for such
work.
(3)
Where a permit issued under this Bylaw is surrendered and cancelled before any
construction begins, the owner may obtain a refund of 80% of the permit fees calculated
and paid in accordance with Schedules "A" and "B" to this Bylaw.
(4)
Twenty Percent (20%) of the permit fee calculated in accordance with Schedule "A" shall
be paid at the time of application as a nonrefundable application review fee.
(5)
If a permit is issued, the nonrefundable application review fee described in subsection (4)
shall at the time of issuance be credited against the total fee calculated in accordance with
Schedule "A".
(6)
The assessment of the value of the proposed work carried out in order to calculate the
amount of the nonrefundable application review fee described in subsection (4) constitutes
a preliminary assessment and does not preclude a building official, having completed his
review of the application, from reassessing that value for the purpose of determining the
balance of the permit fee required to be paid prior to the issuance of the permit.
(7)
Where, due to non-compliance with this Bylaw, more than 2 inspections are necessary
where one inspection would normally be required, for each inspection after the second
inspection, a re-inspection fee of $50.00 shall be paid prior to additional inspections being
performed.
(8)
When a building permit is issued in reliance upon the certification represented by letters of
assurance provided pursuant to Section 9(10) of this Bylaw, the permit fee shall be reduced
by 10% of the amount payable pursuant to Schedules "A" and "B" to this Bylaw.
(Bylaw 4845 adopted Sept 11,2023)
B U I L D I N G P E R M I T S
13 (1)
When:
(a) a completed application including all required supporting documentation has been
submitted;
(b) the proposed work set out in the application substantially conforms with the Building
Code, this Bylaw and all other applicable enactments;
(c) the owner or his or her representative has paid all applicable fees in accordance with
Section 12 of this Bylaw;
(d) the owner or his or her representative has paid all charges and met all requirements
imposed by any other enactment or bylaw;
Amendment Bylaw
4493, 2010
Amendment Bylaw
4493, 2010
Amendment Bylaw
4493, 2010
Amendment Bylaw
4493, 2010
13
(e) no contravention of any enactment, covenant, agreement, or regulation in favour of or
enacted by the Municipality would be created by or could be reasonably foreseen by the
issuance of the permit,
a building official shall issue the permit for which the application is made.
(2)
When the application is in respect of a building that includes, or will include, a residential
occupancy, the building permit must not be issued unless the owner provides evidence
pursuant to the Homeowner Protection Act that the proposed building:
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed residential builder.
(3) Subsection (2) does not apply if the owner is not required to be licensed and to obtain home
warranty insurance in accordance with the Homeowner Protection Act.
(4)
Every permit is issued upon the condition that the permit shall expire and the rights of the
owner under the permit shall terminate if:
(a) the work authorized by the permit has not substantially commenced within six (6) months
from the date of issuance of the permit;
(b) the work authorized by the permit has been substantially discontinued or suspended, such
that the work has not materially advanced the subject project towards completion, for a
period of six (6) consecutive months; or
(c) the work authorized by the permit is not completed, or any inspections and occupancy
permits related to the permit and required pursuant to this Bylaw are not obtained:
(i)
within twenty-four (24) months from the date of issuance of the permit where such
work is in respect of the construction of a complex building;
(ii)
within twelve (12) months from the date of issuance of a permit that is not in
respect of the construction of a complex building and that is not a renewal permit;
(iii) prior to the date of expiry of a permit extension issued pursuant to Subsection (5);
or
(iv) within six (6) months from the date of issuance of a renewal permit.
(5)
Despite Subsections (4)(c)(i) and (ii), a building official may extend a permit that is not a
renewal permit by not more than twelve (12) months where:
(a) written application for extension has been made prior to the expiration of the permit;
(b) the permit extension fee set out in Schedule "A" has been paid;
(c) the permit was not previously extended; and
(d) for work which has not been commenced, and subject to protection by law, the enactments
governing the use, construction, reconstruction, alteration, relocation, removal, demolition
or occupancy of the building or structure have not been amended since the issuance of the
permit in a way that would have precluded the issuance of a permit had such amendments
been in effect at the time of the original application.
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(6)
Where a permit expires pursuant to Subsection (4) and the work authorized by the permit is not
completed or any inspections and occupancy permits related to the permit and required
pursuant to this Bylaw are not obtained, the owner shall, prior to continuing any work
contemplated by the expired permit at any time:
(a) in the case of work on property not zoned for One Family Residential Use in the Zoning
Bylaw, 1986, as amended or replaced, apply for an obtain a new permit pursuant to the
terms set out at Subsections (1) to (4) and pay the new permit fee based on the value of the
work remaining to be carried out in accordance with Schedule "A"; or
(b) in the case of work on property zoned for One Family Residential Use in the Zoning Bylaw,
1986, as amended or replaced, apply for an obtain a renewal permit, which may be issued
by a building official pursuant to the terms set out at Subsections (1) to (4) and pay the new
permit fee based on the value of the work remaining to be carried out in accordance with
Schedule "A"; and
(c) a building official may accept an application for a new permit or a renewal permit pursuant
to Subsection (6)(a) or (b) that does not contain certain supporting documentation required
in Subsection (1)(a), where the supporting documentation has previously been submitted to
the Municipality and the building official determined that the documentation previously
submitted remains current or valid."
(7)
A building official may issue an excavation permit prior to the issuance of a building permit.
(8)
Where a site has been excavated under a permit issued pursuant to Subsection (7) and a
building permit is not subsequently issued, or a subsisting building permit has expired, then
the owner shall fill in the excavation to restore the original gradient of the site within 30 days
of being served notice by the Municipality to do so, in default whereof, and without limiting
any other remedy or recourse open to the Municipality, the Municipality may take over and
complete the same, with all costs incurred by the Municipality in that regard (including
without limitation all wages and benefits, equipment rentals both internal and external,
contract costs, consulting costs, supplies, materials, disposal charges and engineering costs)
to be paid by the owner within 30 days of invoice, with any such amount remaining unpaid
on December 31 immediately following the expiration of such 30 day period to be added to
and form part of the taxes payable on the land subject to the permit as taxes in arrears.
(9)
A building official may issue a building permit for a portion of a building or structure before
the design, plans and specifications for the entire building or structure have been accepted,
provided sufficient information has been provided to the Municipality to demonstrate to the
building official that the portion authorized to be constructed substantially complies with this
and other applicable bylaws and the permit fee applicable to that portion of the building or
structure has been paid. The issuance of the permit notwithstanding, the requirements of this
Bylaw apply to the remainder of the building or structure as if the permit for the portion of
the building or structure had not been issued.
D I S C L A I M E R O F W A R R A N T Y O R R E P R E S E N T A T I O N
14 Neither the issuance of a permit under this Bylaw, nor the review nor acceptance of the design,
drawings, plans or specifications, nor inspections made by a building official, shall constitute a
representation or warranty that the Building Code or this Bylaw has been complied with or the
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building, structure or work meets any standard of materials or workmanship, and no person shall
rely on any of those acts as establishing compliance with the Building Code or this Bylaw or any
standard of construction.
P R O F E S S I O N A L D E S I G N A N D F I E L D R E V I E W
15 (1)
Where one or more aspects of the design of a standard building bring it within the scope of
Section 2.6 of the Building Code, a registered professional shall provide design and plan
certification and field review relative to those aspects supported by letters of assurance in
the form of Schedules B-1, B-2 and C-B as referred to in Section 2.6 of Part 2 of the
Building Code.
(2)
Where a registered professional provides letters of assurance in accordance with Subsection
(1) or Sections 9(9), 9(10) or 18(2)(a) of this Bylaw, he or she shall also provide proof of
professional liability insurance to a building official in the form of Form "2" to this Bylaw.
R E S P O N S I B I L I T I E S O F T H E O W N E R
16 Every owner to whom a permit is issued shall:
(1)
ensure that all construction complies with the Building Code, this Bylaw and other
applicable enactments respecting safety;
(2)
be responsible for the cost of repair of any damage to municipal works that occurs in the
course of the work authorized by the permit (including without limitation all wages and
benefits, equipment rentals both internal and external, contract costs, consulting costs,
supplies, materials, disposal charges and engineering costs) to be paid by the owner within
30 days of invoice, with any such amount remaining unpaid on December 31 immediately
following the expiration of such 30 day period to be added to and form part of the taxes
payable on the land subject to the permit as taxes in arrears;
(3)
post and maintain the permit in a conspicuous place on the property in respect of which the
permit was issued;
(4)
keep a copy of the accepted designs, plans and specifications on the property;
(5)
post the civic address on the property in a location visible from any adjoining streets;
(6)
give notice to a building official, prior to commencing the work, setting out:
(a) the name, address and telephone number of:
(i)
the constructors or other persons in charge of the work;
(ii)
the coordinating registered professional and any other registered professionals
reviewing the work; and
16
(iii) any inspection or testing agency engaged to monitor the work or any aspect
thereof,
(b) any change in or termination of employment of such persons during the course of the
work forthwith when such change or termination occurs;
(7)
before commencing the work, give notice to a building official setting out the dates on
which:
(a) he intends to begin work; and
(b) he intends to complete the work;
(8)
give notice to a building official where applicable:
(a) of intent to cover work required to be inspected prior to covering;
(b) when work has been completed so that a final inspection can be made;
(c) immediately that any change in ownership or change in the address of the owner occurs
prior to the issuance of an occupancy permit;
(9)
make or have made at his own expense tests or inspections as required by a building
official or registered professional to demonstrate compliance with the Building Code, this
Bylaw and any other applicable enactment respecting safety, and shall promptly file a copy
of any such test or inspection report with a building official;
(10) provide a current survey of the building site when required by a building official;
(11) when required by a building official or registered professional, uncover and replace at his
own expense any work that has been covered prior to an inspection required under this
Bylaw; and
(12) when a building, structure or part thereof, or an excavation, is in an unsafe condition,
forthwith take all necessary steps to put the same into a safe condition.
I N S P E C T I O N S
17 (1)
When a registered professional provides letters of assurance in accordance with Sections
9(9), 9(10), 15(1) or 18(2)(a) of this Bylaw, the Municipality will rely solely on field
reviews undertaken by the registered professional and the letters of assurance submitted
pursuant to this Bylaw as assurance that the construction or applicable aspect thereof
substantially conforms to the design, and that the construction or applicable aspect thereof
substantially complies with the Building Code, this Bylaw and other applicable enactments
respecting safety.
(2)
When a registered energy advisor or building envelope consultant, as required, provides
energy reports in accordance with Sections 8(7), 9(9) and 10(1)(g) of this Bylaw, the
Municipality will rely solely on field reviews undertaken by the registered energy advisor
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17
or building envelope consultant and the reports submitted pursuant to this Bylaw as
assurance that the construction or applicable aspect thereof substantially conforms to the
design, and that the construction or applicable aspect thereof substantially complies with
the Building Code, this Bylaw and other applicable enactments respecting energy
efficiency.
(3)
Notwithstanding Subsection (1), a building official may attend the site from time to time
during the course of construction:
(a) to ascertain that the field reviews are taking place;
(b) to monitor the field reviews undertaken by the registered professionals; and
(c) to require survey information for the purpose of determining compliance with
provisions of applicable bylaws other than those respecting safety.
(4)
In addition to the inspections required to be called for in this Bylaw, a building official may
attend periodically at the site of the construction of standard buildings or structures to
ascertain whether the health and safety aspects of the work are being carried out in
substantial conformance with those portions of the Building Code, this Bylaw and other
applicable enactments requiring safety.
(5)
The owner or his or her representative shall give at least 24 hours notice to a building
official when requesting an inspection and shall obtain an inspection and receive a building
official's acceptance of the health and safety aspects of the following components of the
work prior to concealing them:
(a) following the erection of the footings and foundation walls formwork but prior to the
placement of any concrete, and upon the owner obtaining a certificate from a licensed
British Columbia Land Surveyor to confirm the location of the building or structure on
the site;
(b) following the removal of the footings and foundation walls formwork and after the
application of the required damp-proofing and the installation of the subsurface
drainage system, but prior to the placement of any backfilling material against the
foundation walls;
(c) following the construction of any fireplace smoke chamber, and at such subsequent
time as directed by a building official, but prior to the construction of any part of the
chimney;
(d) following the construction of any chimney to a height of one (1) metre above each
thimble, and at such subsequent time as directed by a building official;
(e) following the installation of any factory built fireplace but prior to the enclosure of the
installation;
(f) following the framing and exterior sheathing, with window installation, sheathing
membrane and flashings complete, including fire stopping, bracing, blocking and
stairways of any building, but prior to installation of insulation and exterior finishes;
(g) following the installation of the insulation and vapour barriers but prior to the
application of interior finishes;
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(h) following the installation, repair or replacement of any part of a plumbing system while
the system is under test but prior to concealment;
(i) following the completion of the plumbing system but prior to occupancy;
(j) when the building or structure is substantially complete and ready for occupancy, but
before occupancy takes place of the whole or part of the building or structure.
(k) following completion of the alternate compliance methods (Division A) of Part 1 of the
Building Code for alterations required to existing buildings to add a secondary suite.
(6)
No part of the work referred to in Subsection (4) shall be concealed until a building official
has accepted it in writing.
(7)
The requirements of Subsection (4) do not apply to any aspect of the work that is the
subject of a registered professional's letter of assurance provided in accordance with
Sections 9(10), 15(1) or 18(2)(a) of this Bylaw.
O C C U P A N C Y P E R M I T S
18 (1)
No person shall occupy or use a building or part of a building until an occupancy permit for
the building or part thereof has been issued by a building official.
(2)
An occupancy permit shall not be issued unless and until:
(a) where letters of assurance have been required pursuant to Sections 9(9), 9(10) or 15(1)
of this Bylaw, letters of assurance in the form set out in Schedules C-A (where
applicable) and C-B referred to in Section 2.6 of Part 2 of the Building Code, have been
submitted to a building official; and
(b) except as provided in Section 17(6) of this Bylaw, all aspects of the work requiring
inspection and acceptance pursuant to Section 17(4) of this Bylaw have been inspected
and accepted.
(3)
A building official may issue an occupancy permit for part of a building when that part of
the building is self-contained and is provided with essential services, and when the
requirements set out in Subsection (2) have been fulfilled.
(4) When an application for a building permit is made under this Bylaw which includes
alterations to existing buildings to add a secondary suite, no person shall occupy or use that
secondary suite until the owner is in receipt of a final inspection report.
(5) When an application is submitted for a building permit under this Bylaw for a secondary
suite within a newly constructed building or an alteration to an existing building to add a
secondary suite, no person shall occupy or use that secondary suite until the owner has
completed, signed and submitted to the Municipality an Owner's Declaration of Secondary
Suites.
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R E T A I N I N G S T R U C T U R E S
19 A registered professional shall undertake the design and conduct field reviews of the construction
of a retaining structure greater than 1.2 metres in height. Sealed copies of the design plan and
field review reports prepared by the registered professional for all retaining structures greater than
1.2 metres in height, along with, where required by a building official, a survey certificate
prepared by a licensed British Columbia Land Surveyor, shall be submitted to a building official
prior to acceptance of the design and the works by a building official.
B O N D I N G A G A I N S T D A M A G E T O P U B L I C P R O P E R T Y
20 (1) Every applicant for a building permit, demolition permit or deconstruction permit shall
deposit with the Municipality a sum of money to secure payment for costs incurred by the
Municipality to repair and make good any injury to, destruction, defacement or disturbance of
municipal services and property including but not limited to roads, driveways, accesses,
curbs, gutters, sidewalks, trees, shrubs, grass, turf, ground cover, signage, lamp standards,
water, sewer and irrigation systems, and installations of any nature whatsoever, and also to
secure payment for street sweeping, caused or required by work done under such permit, or
by any person doing the work, and to secure payment of fees required by this Bylaw.
(2)
For alterations or repairs to an existing building or structure, such deposit shall be in the
amount of
(a) One Hundred Dollars ($100.00) where the cost of the proposed work as determined in
accordance with this Bylaw does not exceed One Thousand Dollars ($1000.00);
(b) Two Hundred Dollars ($200.00) where the cost of the proposed work as determined in
accordance with this Bylaw is greater than One Thousand Dollars ($1000.00) but does
not exceed Two Thousand Dollars ($2000.00);
(c) Three Hundred Dollars ($300.00) where the cost of the proposed work as determined in
accordance with this Bylaw is greater than Two Thousand Dollars ($2000.00) but does
not exceed Three Thousand Dollars ($3000.00);
(d) Five Hundred Dollars ($500.00) where the cost of the proposed work as determined in
accordance with this Bylaw is greater than Three Thousand Dollars ($3000.00).
(3)
Notwithstanding Subsection (1), a deposit shall not be required where the work to be
completed is a chimney or plumbing installation and where the total cost of the proposed
work is less than Two Thousand Dollars ($2000.00).
(4)
For the erection of a new building and for the demolition or deconstruction of an existing
building, such deposit shall be in the amount of One Thousand Dollars ($1000.00).
(5)
Upon final inspection by a building official or, if applicable, upon filing of letters of
assurance in the form set out in Schedules C-A (where applicable) and C-B referred to in
Section 2.6 of Part 2 of the Building Code, and upon certification from a building official
that no injury or damage as described in Subsection (1) has occurred as a result of the work
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and that no fees remain outstanding, the Municipality shall return the deposit to the
applicant.
(6)
The Municipality may apply the deposit towards making good injury or damage as
described in Subsection (1), or for non-payment of fees including re-inspection fees, and
shall return the unused balance, if any, to the applicant when the remedial work is complete
or the fees paid, as the case may be.
(7)
At the sole option of the Director of Engineering Services, as an alternative to the
procedure set out in Subsection (6), the applicant may be permitted to make good the injury
or damage described in Subsection (1) within the time and in accordance with standards set
by the Director of Engineering Services, and under this option the deposit shall be held by
the Municipality until the Director of Engineering Services certifies that the work has been
substantially completed in accordance with the applicable standards, at which time the
deposit, less a holdback in the amount of 20%, shall be returned to the applicant, with the
holdback to be returned upon the first anniversary of substantial completion, provided,
however, that the funds have not been required for maintenance or repair during the one
year period immediately following substantial completion, during which the applicant shall
be responsible for maintenance and repair of the remedial work.
(8)
Nothing in this Section shall bar the Municipality from claiming, suing and recovering
from injury or damage as described in Subsection (1) in excess of any deposit, and
concurrent with the posting of the deposit the applicant shall in writing acknowledge
liability for injury or damage in excess of that amount.
(9)
The Municipality may apply the deposit to provide security personnel in the event that the
applicant fails to comply with the regulations of this Bylaw.
(10) Any deposit unclaimed upon expiry of a permit under Section 13(4) may be transferred to
general municipal revenue for the current year.
O T H E R A P P R O V A L S
21 Every person before doing any work that requires a permit shall:
(1)
obtain from the appropriate authority any and all further necessary permits relating to
demolition, excavation, blasting, moving of buildings, boulevard crossings, zoning, sewers,
water mains, plumbing, signs, street encroachment and electrical installations and all other
permits required in connection with the proposed work; and
(2)
give notice to the appropriate authority of the progress of the work and call for such
inspections as may be required.
D E M O L I T I O N A N D D E C O N S T R U C T I O N O F B U I L D I N G S
A N D S T R U C T U R E S
22 In addition to the regulations of the Building Code, the following regulations apply to the
demolition or deconstruction of a building:
21
(1)
No person may demolish or deconstruct a building or structure unless a valid permit for the
demolition or deconstruction has been obtained from the Director of Building and Planning.
(2)
An applicant for a permit to demolish or deconstruct a building shall provide proof of
comprehensive general liability insurance coverage for the work, with a minimum coverage
of Two Million Dollars ($2,000,000), inclusive per occurrence.
(3)
An applicant for a permit to demolish or deconstruct a building, in addition to any other
requirements under this Bylaw, shall, before such permit is issued, execute a contractual
Letter of Undertaking indemnifying and saving harmless the Municipality from and against
any and all losses, claims, demands, suits, actions, recoveries and judgements of every kind
brought against the Municipality arising out of or in any way connected with the demolition
or deconstruction of the building.
(4)
The holder of a permit for the demolition or deconstruction of a building shall ensure that
measures are taken to protect the safety of the public while the demolition or deconstruction
is in progress, including
(a) the erecting of barricades or fencing to prevent unauthorized or inadvertent entry to the
site; or
(b) the posting of security personnel at the demolition or deconstruction site.
(5)
Following the commencement of the demolition of a building or structure, the demolition,
including the sealing of services and the removal of all building and foundation material,
shall be completed within:
(a) seven (7) days for a building with a total floor area (excluding basement) less than or
equal to 280 square metres, or for a structure other than a building;
(b) fourteen (14) days for a building with a total floor area (excluding basement) greater
than 280 square metres but less than or equal to 560 square metres; or
(c) twenty-eight (28) days for a building with a total floor area (excluding basement) greater
than 560 square metres.
(6)
Following the commencement of the deconstruction of a building or structure, the
deconstruction, including the sealing of services and the removal of all building and
foundation material, shall be completed within:
(a) fourteen (14) days for a building with a total floor area (excluding basement) less than or
equal to 280 square metres, or for a structure other than a building;
(b) twenty-eight (28) days for a building with a total floor area (excluding basement) greater
than 280 square metres but less than or equal to 560 square metres; or
(c) fifty-six (56) days for a building with a total floor area (excluding basement) greater
than 560 square metres.
(7)
The holder of a permit to demolish or deconstruct a building or structure may, on the site of
the building or structure, offer for sale hardware, building materials and other items
salvaged from the building or structure during a time coinciding with or within the period
of demolition or deconstruction, subject to the time limits set out in Sections 22(5) and
22(6), respectively, and in compliance with conditions which may be imposed by the
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director of Building and Planning having regard to the impact on the streetscape and the
amenities of adjacent properties.
(8)
If there is evidence that a demolition of a building or structure is being undertaken contrary
to a permit issued for a deconstruction rather than a demolition, a building official may
deem the permit to be a demolition permit, in which case the conditions and fees applicable
to a demolition permit shall apply and the permit holder shall comply accordingly.
(9)
The holder of a permit to demolish or deconstruct a building shall ensure that concurrent
with the demolition or deconstruction the services for the building are capped, sealed and
clearly marked at the property line.
(10) The permit holder shall
(a) notify in writing the occupiers of any property within 61 metres (200 feet) of the
property referenced in the demolition or deconstruction permit; and
(b) give such notice not less than 24 hours prior to commencing the demolition or
deconstruction.
22 (1)
For the purposes of the time limits set out in Sections 22(5) and 22(6), the removal of
interior fixtures shall not of and by itself constitute the commencement of demolition or
deconstruction as the case may be.
M O V I N G O F B U I L D I N G S
23 The following regulations apply to the moving of buildings:
(1)
No building shall be moved from a site outside to a site within the Municipality, or from a
site within the Municipality to another site either within or outside of the Municipality,
without a written permit from a building official.
(2)
The permit fees for the moving of a building shall be those set out in Schedule "A" attached
hereto.
(3)
A permit for the moving of a building shall not be issued until:
(a) the Director of Engineering Services has reviewed the route proposed for the moving of
the building and has determined that the moving of the building may be undertaken
without undue destruction, defacement, or disturbance of publicly owned services, trees
and property;
(b) the applicant has paid in advance to the Municipality an amount equal to the total cost
of providing the municipal works and services required to accommodate the safe and
orderly moving of the building, including, but not limited to, public works, boulevard
or park tree preparation and protection, and traffic control, as estimated by the Director
of Engineering Services in accordance with the prevailing labour, material, and
equipment rates;
(c) the applicant has deposited with the Municipality the sum of Two Thousand Dollars
($000.00) to secure payment for injury to, destruction of, defacement or disturbance of
public services and property including, but not limited to, roads, driveways, accesses,
curbs, gutters, sidewalks, trees, shrubs, grass, turf, ground cover, signage, lamp
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23
standards, water, sewer and irrigation systems, and installations of any nature
whatsoever caused by the moving of the building and for payment of any costs incurred
by the Municipality in excess of the amount paid pursuant to Paragraph (b);
(d) the applicant has executed a contractual Letter of Undertaking releasing, indemnifying
and saving harmless the Municipality from and against any and all losses, claims,
demands, suits, actions, recoveries and judgements of every kind brought or recovered
against the Municipality arising out of or in any way connected with the moving of the
building; and
(e) the applicant has provided proof of comprehensive general liability insurance coverage
for the work, with a minimum coverage of Five Million Dollars ($5000,000), inclusive
per occurrence.
(4)
A building official, in consultation with the Director of Engineering Services, may attach
special conditions to the issuance of a moving permit which, in his assessment, are necessary
to ensure that the moving of the building may be undertaken without undue destruction,
defacement, or disturbance of publicly or privately owned services and property, and which
may be incorporated into the Letter of Undertaking referred to in Paragraph (3)(b).
(5)
Upon completion of the move and upon certification from the Director of Engineering
Services that no injury or damage or excess cost as described in Paragraph (3)(c) has
occurred as a result of the move, the Municipality shall return the deposit to the applicant.
(6)
The Municipality may apply the deposit towards making good injury or damage as described
in Paragraph (3)(c) or recovery of excess costs for services described in Paragraph (3)(b),
and shall return the unused balance, if any, to the applicant when the remedial work is
complete or the excess costs recovered, as the case may be.
(7)
At the sole option of the Director of Engineering Services, as an alternative to the procedure
set out in Subsection (6), the applicant may be permitted to make good the injury or damage
described in Paragraph (3)(c) within the time and in accordance with standards set by the
Director of Engineering Services, and under this option the deposit shall be held by the
Municipality until the Director of Engineering Services certifies that the work has been
substantially completed in accordance with the applicable standard, at which time the
deposit, less a holdback in the amount of 20%, shall be returned to the applicant, with the
holdback to be returned upon the first anniversary of substantial completion, provided,
however, that the funds have not been required for maintenance or repair during the one year
period immediately following substantial completion, during which the applicant shall be
responsible for maintenance and repair of the remedial work.
(8)
Any deposit unclaimed upon expiry of a permit under Section 13(4) may be transferred to
general municipal revenue for the current year.
(9)
Nothing in this Section shall bar the Municipality from claiming, suing and recovering from
injury or damage as described in Paragraph (3)(c) in excess of any deposit, and concurrent
with the posting of the deposit the applicant shall in writing acknowledge liability for injury
or damage in excess of that amount.
B L A S T I N G
24
24 (1)
No person shall blast, carry on blasting operations, or use any explosive agent without first
obtaining a permit and paying the fees set out in Schedule "A" of this Bylaw.
(2)
No person shall blast, carry on blasting operations, or use any explosive agent or obtain a
blasting permit unless he holds a valid Blasting Certificate issued by the Workers
Compensation Board of British Columbia.
(3)
An applicant for a blasting permit shall provide proof of comprehensive general liability
insurance coverage for blasting operations with a minimum coverage of Five Million
Dollars ($5,000,000) inclusive per occurrence.
(4)
An applicant for a blasting permit shall execute a contractual Letter of Undertaking
releasing, indemnifying and saving harmless the Municipality from and against any and all
losses, claims, demands, suits, actions, recoveries and judgements of every kind brought or
recovered against the Municipality arising out of or in any way connected with the work
done under the blasting permit.
(5)
No person shall blast, carry on blasting or operate an explosive agent:
a)
in proximity to any person, building or property, or the works of any underground
utility liable to suffer injury from blasting; or
b)
where the blasting causes or is likely to cause a release of any dangerous gas or other
substance, including, without limitation, carbon monoxide;
until such precautions have been taken to prevent injury to any person, building, property
or utility.
(6)
Despite section 24(5) where blasting does result in:
a) injury to any person, building or property, or the works of any underground utility; or
b) the release of any dangerous gas or other substance, including, without limitation,
carbon monoxide;
The holder of the blasting permit shall cease carrying out any further blasting operations or
use of an explosive agent until the holder of the blasting permit has addressed the
conditions that created the injury referred to in this section.
(7)
The holder of a blasting permit may only blast, carry on blasting operations, use an
explosive agent, or operate drills, compressors or other equipment used to prepare land for
blasting from Monday to Friday, exclusive of statutory holidays, between the hours of 8:00
am and 4:00 pm.
(8)
No person shall blast, carry on a blasting, or use an explosive agent within a radius of 100
metres of any building without first notifying in writing the owners or occupants of such
building, with such notice to include the anticipated duration of the blasting program.
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Amendment Bylaw
4679, 2017
Amendment Bylaw
4679, 2017
25
(9)
No person shall blast, carry on blasting operations, or use an explosive agent within a
radius of 300 metres of any school building during school hours without first notifying in
writing the School District, Principal or person in charge thereof, with such notice to
include the anticipated duration of the blasting program.
(10) No person shall blast, carry on blasting operations, use an explosive agent, or operate drills,
compressors or other equipment used to prepare land for blasting unless and until steps
have been taken to suppress dust which may occur as a result of the said activity.
(11) Where a blasting permit is for an excavation required for the construction of a building, no
blasting permit shall be issued unless the applicant has first obtained a building permit for
the proposed building.
A W N I N G S A N D C A N O P I E S
25 (1)
No person shall erect, attach or install any awning or canopy before first obtaining a permit
under this Bylaw.
(2)
The permit fees for the installation of awnings and canopies shall be calculated in
accordance with Schedule "A".
(3)
An awning or canopy on or attached to business premises shall be constructed of non-
combustible materials.
A U T O M A T I C F I R E S P R I N K L E R S Y S T E M S
26 (1)
This section does not apply to buildings to which the Building Code does not apply.
(2)
Words and phrases in this section that are not defined in this Bylaw but are defined in the
Building Code have the meaning set out in the Building Code.
(3)
Subject to Subsections (4) and (5), an owner must ensure that the following classes of
buildings are equipped with an automatic fire sprinkler system that complies with the
relevant standards set out in the Building Code:
(a) new buildings; and
(b) existing buildings, where all additions, repairs or structural alterations made or
proposed to be made in any period of 24 consecutive months adds the lesser of 25% or
200 square metres to the pre-existing floor area of the building.
(4)
Paragraph (3)(a) does not apply to buildings serving a single family or two family
occupancy except where:
(a) the grade of the driveway giving vehicular access to the building exceeds 12.5% at any
point;
26
(b) the access route for fire fighting apparatus does not comply with the Building Code or
the British Columbia Fire Code;
(c) the location of the building with respect to the location of firefighting facilities is such
that, in the reasonable judgement of the Fire Chief for the Municipality, access to the
building for the purpose of fighting fires is impractical; or
(d) an adequate water supply for fire fighting as determined by the Building Code is not
available.
(5)
Subsection (3) does not apply to a detached building having a total floor area less than or
equal to 100 square metres.
(6)
Sections 9(10), 15(1) and 18(2)(a) of this Bylaw apply to all automatic sprinkler system
installations and alterations.
P E N A L T I E S A N D E N F O R C E M E N T
27 (1)
Every person who contravenes, violates or fails to comply with any provision of this bylaw,
or who suffers or permits any act or thing to be done in contravention or violation of this
bylaw, or who fails or neglects to do anything required by this bylaw, commits an offence
shall be:
(a) liable upon conviction of a fine of not more than $10,000 (Ten Thousand Dollars) or to do
imprisonment of not more than six months; and
(b) subject to any other penalty or order imposed or remedies available to the Municipality
pursuant to the Local Government Bylaw Notice Enforcement Act.
(2)
Every person who fails to comply with any order or notice issued by a building official, or
who allows a violation of this bylaw to continue, contravenes this bylaw.
(3)
Each day during which a violation, contravention or breach of this bylaw continues is deemed
to be a separate offence.
(4) An owner is deemed to have knowledge of and be liable under this Bylaw in respect of any
construction on the parcel the owner owns and any change in the use, occupancy or both of a
building or structure or part of a building or structure on that parcel.
(5)
No person is deemed liable under section who establishes, on a balance of probabilities, that
the construction or change of use or occupancy occurred before he or she became the owner
of the parcel.
S E V E R A B I L I T Y
28 If any part of this Bylaw is declared invalid by a court of competent jurisdiction, the remainder
shall continue in full force and effect and be construed as if the Bylaw had been adopted without
the invalid portion.
REPEALS
Amendment Bylaw
43827, 2022
27
29 Subject to Section 30, the following bylaws are hereby repealed:
Bylaw No. 3893, "Building and Plumbing Bylaw,1996";
Bylaw No. 3918, "Building and Plumbing Bylaw Amendment Bylaw No. 1, 1996";
Bylaw No. 4071, "Building and Plumbing Bylaw Amendment Bylaw No. 1, 2000";
Bylaw No. 4211, "Building and Plumbing Bylaw Amendment Bylaw, 2004;
Bylaw No. 4242, "Building and Plumbing Bylaw Amendment Bylaw No. 2, 2004",
provided however that such repeal shall not affect any offence committed, or penalty or punishment
incurred, under such repealed Bylaw, and any such penalty or punishment may be imposed as if this
Bylaw had not been passed.
E F F E C T I V E D A T E ; T R A N S I T I O N A L
30 This Bylaw shall come into effect on March 1, 2005, provided however that the provisions of
Bylaw No. 3893, as amended, shall continue to apply to the inspection of work for which a permit
has been issued and which has commenced prior to that date.
C I T A T I O N
31 This Bylaw may be cited as the Building and Plumbing Bylaw, 2005.
Certified a true copy of Building and Plumbing Bylaw, 2005 consolidated as of April 29, 2021 to
include amendment Bylaws No. 4304, 4345, 4493, 4595, 4679, 4718 and 4827)
___________________________________
__________________________
Selina Williams, Corporate Officer Date
28
Schedule A Repealed (Bylaw 4845, adopted September 11, 2023
Schedule 'A'
S C A L E O F F E E S ( B U I L D I N G )
1. Fees to construct, repair, alter, reconstruct or blast under this Bylaw shall be calculated as
follows:
Value of Proposed Work
Permit Fee
$100,000 or less
$50.00, plus 1.25% of the project value
Greater than $100,000; less than or equal to
$500,000
$1300.00, plus 1% of the amount by which the
project value exceeds $100,000.00
Greater than $500,000
$5300.00, plus 0.75% of the amount by which
the project value exceeds $500,000.00
2. Permit Fees for the demolition, deconstruction and moving of buildings under this Bylaw shall be
calculated as follows:
Fees
Moving
Demolition
Deconstruction
Unserviced buildings, or structures other than
buildings
$200.00
$100.00
$50.00
Serviced buildings of total floor area (excluding
basement) less than or equal to 186 m2
$200.00
$200.00
$100.00
Serviced buildings of total floor area (excluding
basement) greater than 186 m2
$400.00
$400.00
$200.00
3. Fees for extension of a permit pursuant to Section 13(5) of this Bylaw shall be calculated as
follows:
Amendment Bylaw
4345, 2007
Amendment Bylaw
4304, 2006
29
Original Permit Fee
Extension Fee
Less than or equal to $500.00
10% of original permit fee
Greater than $500.00
$50.00
30
Schedule B Repealed (Bylaw 4845, adopted September 11, 2023
Schedule 'B'
S C A L E O F F E E S ( P L U M B I N G )
For the purpose of issuing permits, all equipment supplied with municipal water and / or drains shall
be classified as fixtures, and each application for a permit shall be accompanied by a fee in
accordance with the following scale:
Fee
Basic permit fee
$15.00
plus
For each plumbing fixture
$10.00
For repair or alteration of plumbing, not involving the installation or alteration of any
fixture
$30.00
For installation of area sump, catch basin, manholes, interceptors and garage traps
and for laying of a building storm sewer and / or building sanitary sewer lateral or the
alteration or extension of same
$25.00
For sealing sanitary and / or storm sewer - each
$20.00
For installing or alteration of internal rainwater leaders or roof drains (per leader or
roof drain)
$10.00
For each fire protection standpipe, 1 to 4 hose connections
$20.00
Each additional hose connection
$10.00
For each storey of a fire protection sprinkler system, 1 to 10 sprinkler heads inclusive
$50.00
For each additional sprinkler head
$5.00
For replacing plumbing fixtures - each
$10.00
For each lawn sprinkler circuit
$25.00
For each water service line or alteration or extension of same
$20.00
For installation of special equipment not listed above
$20.00
31
F O R M 1
THE CORPORATION OF THE DISTRICT OF OAK BAY
BUILDING AND PLUMBING BYLAW
RE: PERMIT NO.
CIVIC ADDRESS OF PROJECT:
ACKNOWLEDGEMENTS OF OWNER
I acknowledge that the owner of the land in respect of which this permit is issued is solely responsible
for carrying out the work authorized by this permit in accordance with the Building Code and other
applicable laws respecting safety, including the requirements of the Building Code in relation to soil
conditions for building foundations.
I acknowledge that the owner of the land is also solely responsible for determining whether the work
authorized by this permit contravenes the terms of any covenant, easement, right of way, building
scheme or other restriction affecting the building site, and whether the work requires the involvement
of an architect under the Architects Act or an engineer or geoscientist under the Engineers and
Geoscientists Act.
I acknowledge that The Corporation of the District of Oak Bay provides a limited monitoring service
in relation to building construction and does not, by accepting or reviewing plans, inspecting
construction, monitoring the inspection of construction by others, or issuing building or occupancy
permits, warrant that the construction authorized by this permit complies in every or any respect with
the Building Code or any other applicable laws respecting safety.
If a building official has so indicated on this permit, I acknowledge that The Corporation of the
District of Oak Bay has issued the permit in reliance on the certification of a registered professional,
engaged by me to provide such certification, that the plans for the work authorized by the permit
comply with the Building Code and other applicable enactments, and that the fee for the permit has
been accordingly reduced. I acknowledge that The Corporation of the District of Oak Bay, by issuing
this permit or any occupancy permit, makes no representations to me or any other person as to any
such compliance.
Name of Registered Owner (please print)
Signature of Registered Owner or
Authorized Signatory of Corporate Owner
32
Date of Acknowledgement
F O R M 2
THE CORPORATION OF THE DISTRICT OF OAK BAY
BUILDING AND PLUMBING BYLAW
RE: PERMIT NO.
CIVIC ADDRESS OF PROJECT:
REGISTERED PROFESSIONAL'S PROOF OF INSURANCE
This is to confirm that the undersigned registered professional is insured by a policy of
insurance covering liability to third parties for errors and omissions in the provision of
professional services in respect of the captioned project, a certificate of insurance for which
is attached.
The undersigned will notify both the Oak Bay Building Department and the owner who has
engaged the undersigned to provide professional services in respect of the captioned project,
in writing, of any termination of or change in the terms of the coverage provided by the
policy, immediately upon being informed of or becoming aware of such termination or
change.
Name of Registered Professional (please print)
Signature of Registered Professional
[affix seal]
Name of Firm