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unofficial consolidation, the official version is held by the municipal clerk.
This is a consolidated bylaw prepared by the Corporation of the City of Penticton for convenience only.
The city does not warrant that the information contained in this consolidation is current. It is the
responsibility of the person using this consolidation to ensure that it accurately reflects current bylaw
provisions.
The Corporation of the City of Penticton
Building Bylaw
No. 2021-21
Consolidated for convenience only
Amended by Bylaw No. 2024-08 (March 19, 2024)
The Corporation of the City of Penticton
Bylaw No. 2021-21
A Bylaw for the administration of the Building Code and the regulation of construction.
WHEREAS the Council of the City of Penticton may, by bylaw, regulate, prohibit and impose requirements in
respect to buildings and structures for the following:
(a)
the provision of access to a building or other structure, or to part of a building or other
structure, for a person with disabilities;
(b)
the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d)
the health, safety or protection of persons or property;
AND WHEREAS the Council of the City of Penticton is enacting this bylaw to regulate construction and administer
the British Columbia Building Code in Penticton in accordance with the Community Charter and the Building Act;
AND WHEREAS the Council of the City of Penticton has employed trained building officials for the purpose of this
bylaw;
NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting assembled,
hereby ENACTS AS FOLLOWS:
PART 1.
TITLE
Citation
1.1. This bylaw may be cited as "Building Bylaw No. 2021-21".
Building Bylaw No. 2021-21
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PART 2.
TABLE OF CONTENTS
PART 1.
TITLE ............................................................................................................................................................. 1
PART 2.
TABLE OF CONTENTS ................................................................................................................................... 2
PART 3.
SEVERABILITY ............................................................................................................................................... 3
PART 4.
INTERPRETATION ......................................................................................................................................... 3
PART 5.
PURPOSE OF THE BYLAW ......................................................................................................................... 8
PART 6.
SCOPE AND EXEMPTIONS ........................................................................................................................... 8
PART 7.
PROHIBITIONS ............................................................................................................................................ 10
PART 8.
POWERS OF A BUILDING OFFICIAL ........................................................................................................... 11
PART 9.
OWNER'S RESPONSIBILITIES ...................................................................................................................... 13
PART 10.
OBLIGATIONS OF OWNER'S CONSTRUCTOR ............................................................................................ 15
PART 11.
REGISTERED PROFESSIONAL'S RESPONSIBILITIES .................................................................................... 16
PART 12.
REQUIRED PERMITS ................................................................................................................................... 17
PART 13.
CONDITIONS OF PERMIT ........................................................................................................................... 18
PART 14.
PERMIT REQUIREMENTS FOR SIMPLE AND COMPLEX BUILDINGS........................................................... 19
PART 15.
BUILDING MOVE PERMIT ........................................................................................................................... 38
PART 16.
DEMOLITION PERMITS ............................................................................................................................... 39
PART 17.
PART 17: FIRE ALARM PERMITS ................................................................................................................ 41
PART 18.
MECHANICAL VENTILATION AND HEATING PERMITS .............................................................................. 41
PART 19.
PLUMBING AND FIRE SUPPRESSION PERMITS .......................................................................................... 42
PART 20.
POOL PERMITS ........................................................................................................................................... 43
PART 21.
RETAINING WALLS AND GRADES .............................................................................................................. 45
PART 22.
SOLAR PANEL PERMIT ............................................................................................................................... 46
PART 23.
TEMPORARY BUILDING PERMIT ................................................................................................................ 47
PART 24.
ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS ..................................................................................... 48
PART 25.
CLIMATIC DATA ......................................................................................................................................... 48
PART 26.
ENERGY CONSERVATION and GHG EMISSIONS REDUCTION ................................................................... 48
PART 27.
NUMBERING OF BUILDINGS ...................................................................................................................... 49
PART 28.
TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION .............................................................. 50
PART 29.
OFFENCES AND ENFORCEMENT ............................................................................................................... 51
PART 30.
UNSAFE CONDITIONS ................................................................................................................................ 52
PART 31.
REPEAL ....................................................................................................................................................... 53
PART 32.
IN FORCE .................................................................................................................................................... 53
Building Bylaw No. 2021-21
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PART 3.
SEVERABILITY
3.1 If a section, subsection, paragraph, subparagraph or phrase in this bylaw is for any reason declared invalid
by a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of
this bylaw.
PART 4.
INTERPRETATION
4.1. Every reference to this bylaw in this or another bylaw of the City is a reference to this bylaw as amended
to the date of the reference.
4.2. Every reference to
(a) the Building Code is a reference to the current edition as of the date of application the building
permit, and
(b) a section of the Building Code is a reference to the applicable successor sections, as the code or
section may be amended or re-enacted from time to time.
4.3. Definitions of words and phrases used in this bylaw that are not included in the definitions in this part
have the meanings commonly assigned to them in the context in which they are used in this bylaw,
considering the specialized use of terms with the various trades and professions to which the
terminology applies.
Definitions
4.4. In this bylaw the following words and terms have the meanings:
(a) set out in Section 1.4.1.2. of the Building Code as of the date of the adoption of this bylaw:
accessible assembly occupancy, building, building area, building height, business and personal
services occupancy, care occupancy, constructor, coordinating registered professional, designer,
detention occupancy, excavation, field review, firewall, first storey, grade, high hazard industrial
occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, medium
hazard industrial occupancy, mercantile occupancy, occupancy, post disaster occupancy, private
sewage disposal system, registered professional, residential occupancy, treatment occupancy or
unsafe condition;
(b) subject to this bylaw, set out in the Schedule to the Community Charter; assessed value, highway,
land, occupier, parcel, public authority, service and soil; and
(c) subject to this bylaw, set out in Section 29 of the Interpretation Act: may, must obligation, person,
property, writing, written and year.
4.5. In this bylaw, the following words are defined:
"accepted" means reviewed by the building official under the applicable provisions of the Building
Code and this bylaw;
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"addition" means an alteration to any building which will increase the total aggregate floor area or the
building height (in storeys), and includes the provision of two or more separate buildings with openings
between each other for intercommunication;
"agent" includes a firm, corporation or other person representing the owner, by written designation or
contract, and includes a hired tradesperson or constructor who may be granted a permit for work
within the limitations of his or licence;
"alternative solution" means an alternative solution authorized under the Building Code;
"alteration" means a change, repair or modification of the construction or arrangement of or use of any
building or structure, or to an occupancy regulated by this bylaw;
"Architects Act" means the current British Columbia's Architects Act
"building" means any construction used or intended for supporting or sheltering any use or occupancy
and includes a mobile home;
"Building Act" means the current British Columbia's Building Act
"Building Code" means the British Columbia Building Code as adopted by the Minister responsible
under provincial legislation, as amended or re-enacted from time to time;
"building official" means the person designated in or appointed to that position by the City and other
such person or persons as they may designate from time to time as their assistants;
"change of use or occupancy" means changing the use of a building, or portion of a building, to an
alternative use, even if no construction or alterations are anticipated;
"complex building" means
(a) a building used for a major occupancy classified as
(i)
assembly occupancy;
(ii) care or detention occupancy;
(iii) high hazard industrial occupancy;
(iv) treatment occupancy; or
(v) post-disaster building;
(b) a building exceeding 600m2 in building area or exceeding three storeys in building height used for
a major occupancy classified as
(i)
residential occupancy;
(ii) business and personal services occupancy;
(iii) mercantile occupancy; or
(iv) medium and low hazard industrial occupancy;
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"coordinating registered professional" means a registered professional retained pursuant to the
Building Code to coordinate all design work and field reviews of the registered professionals required
for a development;
"construct" or "construction" includes to build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
"constructor" means a person who constructs;
"City" means the City of Penticton;
"City Engineer" means the City of Penticton Engineer or designate;
"Engineers and Geoscientists Act" means the current British Columbia's Engineers and Geoscientists
Act
"existing", in respect of a building, means the portion of a building constructed prior to the submission
of a permit application required under this bylaw;
"foundation" means a system or arrangement of foundation units through which the loads from a
building are transferred directly to supporting soil or rock and includes any portion of the exterior walls
of a building that lie below the finished grade immediately adjacent to the building;
"GHG" means greenhouse gas;
"health and safety aspects of the work" means design and construction regulated by Parts 3, 4, 5, 6, 7,
8, 9 and 10, Division B, of the Building Code; and subject to Parts 1 and 2 in relation to Parts 3 through
10, Division B;
"manufactured home" means mobile home or modular home as defined in this bylaw;
"mobile home" means a manufactured home constructed to the requirements of the CSA National
Standard CAN/CSA-Z240MH Series-09 or any preceding or replacement standard;
"modular home" means a manufactured home conforming to the requirements of the CSA National
Standard CAN/CSA A277-08 or any preceding or replacement standard for certified factory-built homes;
"on-site services" means utilities and features which provide for servicing a project within the property
on which it is located and includes water service piping and distribution systems, storm and sanitary
sewer collection, access roads, natural gas, electric and cable;
"off-site services" means services required pursuant to the City Subdivision and Development Bylaw of
the day, that are required to be located on public road, public land or statutory right-of-way at final
approval of the subdivision or development as the case may be;
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"owner" means the registered owner of an estate in fee simple of land, or an agent duly authorized by
the owner in writing in the prescribed form, 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; or
(d) a lessee with authority to build on land;
"permit" means permission or authorization in writing by the building official to perform work
regulated by this bylaw and, in the case of a occupancy inspection notice, to occupy a building or part of
a building;
"pool" means a structure or constructed depression used or intended to be used for swimming,
bathing, wading or diving which is designed to contain water and has a depth, at any point, exceeding
600mm, including an in-ground pool and hot tub;
"professional design" means the plans and supporting documents bearing the date, seal or stamp, and
signature of a registered professional;
"project" means any construction operation;
"qualified plumber" means a person who holds a current Certificate of Qualification issued by the
Province of British Columbia as a journeyman plumber for which a statement of compliance and
assurance is being provided pursuant to Certificate of Plumbing Test;
"retaining wall" means any structure other than a building that holds or retains soil or other earth
material behind it;
"reviewed" means reviewed by the building official under the applicable provisions of the Building
Code and this bylaw;
"simple building" means a building of three storeys or less in building height, having a building area
not exceeding 600m2 and used for a major occupancy classified as
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy; or
(d) medium and low hazard industrial occupancy;
"Step Code" means the BC Energy Step Code as references in the British Columbia Building Code
Section 9.36.6 as amended from time to time.
"structure" means a construction or portion of construction, of any kind, whether fixed to, supported
by or sunk into land, airspace or water, and includes foundations or supporting framework for exterior
signs, equipment and machinery, interior storage racking greater than 2.6 m in height, retaining walls
and pool fences, but specifically excludes paving, fences and landscaping;
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"temporary building" includes a sales office, construction office or a structure in which tools are stored
during construction of a building or other structure;
"work" means the same as construct or construction as defined in this bylaw;
"Zero Carbon Step Code" means the greenhouse gas (GHG) emission requirements set out in Part 9,
Section 9.37 - Greenhouse Gas Emissions and Part 10, Section 10.3 - Greenhouse Gas Emissions of the
Building Code, as amended from time to time. (Bylaw No. 2024-08)
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PART 5.
PURPOSE OF THE BYLAW
5.1. Despite any other provisions in this bylaw, this bylaw must be interpreted in accordance with this part.
5.2. Every permit issued under this bylaw is issued expressly subject to the provisions of this part.
5.3. This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in the City
in the public interest.
5.4. The purpose of this bylaw does not extend to
(a) the protection of owners, designers, constructors, or any other persons from economic loss;
(b) the assumption by the City or any building official of any responsibility for ensuring the
compliance by any owner, his or her representatives or any employees, constructors or designers
retained by the owner, with the Building Code, the requirements of this bylaw, or other applicable
enactments, codes or standards;
(c) providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit or occupancy permit is issued under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under building
permits issued by the City is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
PART 6.
SCOPE AND EXEMPTIONS
Application
6.1. This bylaw applies to the geographical area of the City and to land, the surface of water, air space,
buildings or structures in the City.
6.2. This bylaw applies to the design, construction or occupancy of new buildings or structures, and the
alteration, reconstruction, demolition, removal, relocation or occupancy or change of use or
occupancy of existing buildings and structures, including Farm Buildings as regulated by the National
Farm Code.
6.3. This bylaw does not apply to
(a) except as set out in Part 21 of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10m2, that does not constitute a potential unsafe
condition;
(c) a trellis or arbour;
(d) a retaining wall supporting soil that is:
(i)
less than 1.2m in height,
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(ii) a sequence of retaining walls less than 1.2m in height spaced greater than two horizontal to
one vertical, or
(iii) in the opinion of the building official does not constitute a potential unsafe condition;
(e) landscaping or other surfacing of land, except when creating a public parking lot;
(f)
bridges other than pedestrian and vehicular bridges attached to buildings;
(g) docks or wharves;
(h) decks or patios which are less than 600mm from the ground or finished grade, which are not
attached to a building and have no walls or roofs;
(i)
factory built housing and components complying with CAN/CSA-Z240 MH Series standard, but this
exemption does not extend to on site preparations (foundations, anchorage), connection to
services and installation of appliances;
(j)
repair and maintenance of lawfully-conforming structures where the level of life safety and
building performance shall not be decreased below a level that already exists;
(k) the cleaning or repair of mechanical heating and ventilation systems; and
(l)
the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or the replacement of
tubs, showers, toilets, lavatories or sinks if the work does not involve or require the rearrangement
of valves, pipes or fixtures or hot water tanks.
Limited Application to Existing Buildings
6.4. Except as provided in the Building Code or to the extent an existing building is under construction or
does not have an occupancy permit, when an existing building has been constructed before the
enactment of this bylaw, the enactment of this bylaw is not to be interpreted as requiring that the
building must be reconstructed and altered, unless it is expressly so provided by this or another bylaw,
regulation or statute.
6.5. This bylaw applies if the whole or any part of an existing building is moved either within or into the City,
including relocation relative to parcel lines created by subdivision or consolidation. Part 15 applies to
building moves.
6.6. If an alteration is made to an existing building the alteration must comply with this bylaw and the
Building Code and the entire building must be made to comply with this bylaw and the Building Code,
but only to the extent necessary to addresses any new infractions in the remainder of the building as a
result of the alteration.
6.7. If an alteration creates an addition to an existing building, the alteration or addition must comply
with this bylaw and the Building Code and the entire building must be made to comply with this bylaw
and the Building Code, but only to the extent necessary to address any new infractions introduced in the
remainder of the building as a result of the alteration or addition.
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PART 7.
PROHIBITIONS
7.1. A person must not commence or continue any construction, alteration, excavation, reconstruction,
demolition, removal, relocation or change the use or occupancy of any building or structure, including
other work related to construction
(a) except in conformity with the requirements of the Building Code and this bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work under this bylaw.
7.2. A person must not occupy or permit the occupancy of any building or structure or part of any building
or structure
(a) unless a subsisting occupancy inspection notice has been issued by a building official for the
building or structure or the part of the building or structure; or
(b) contrary to the terms of any permit issued or any notice given by a building official.
7.3. A person must not knowingly submit false or misleading information to a building official in relation to
any permit application or construction undertaken pursuant to this bylaw.
7.4. Except in accordance with this bylaw, including acceptance of revised plans or supporting documents, a
person must not erase, alter or modify plans and supporting documents after the same have been
reviewed by the building official, or plans and supporting documents which have been filed for
reference with the building official after a permit has been issued.
7.5. A person must not, unless authorized in writing by a building official, reverse, alter, deface, cover,
remove or in any way tamper with any notice, permit or certificate posted or affixed to a building or
structure pursuant to this bylaw.
7.6. A person must not do any work that is substantially at variance with the reviewed design or plans of a
building, structure or other works for which a permit has been issued, unless that variance has been
authorized in writing by a building official.
7.7. A person must not interfere with or obstruct the entry of a building official or other authorized official of
the City on property in the administration of this bylaw.
7.8. A person must not construct on a parcel unless the civic address is conspicuously posted on the front of
the premises or on a sign post so it may be easily read from the public highway from which it takes its
address.
7.9. A person must not contravene an administrative requirement of a building official made under Section
8.6 or any other provision of this bylaw.
7.10. A person must not change the use, occupancy or both of a building or structure or a part of a building
or structure without first applying for and obtaining a building permit under this bylaw.
7.11. A person must not cover or conceal any works required to be inspected under this bylaw without first
obtaining written acceptance from a building official.
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7.12. A person must not continue any work if a Stop Work Order is posted by a building official other than
the remedial actions required by the notice.
7.13. A person must not occupy a building, structure, or part of a building or structure if a Do Not Occupy
Notice is posted by a building official.
PART 8.
POWERS OF A BUILDING OFFICIAL
Administration
8.1. Words defining the authority of building officials are to be construed as internal administrative powers
and not as creating a duty.
8.2. A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices and orders issued, inspections and tests
made, and may retain copies of all digital, or hard copy papers and documents connected with the
administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of construction or material
used in the construction of a building or structure complies with the requirements and provisions
of this bylaw and the Building Code; and
(d) direct that tests of materials, equipment, devices, construction methods, structural assemblies or
foundations be carried out, or that sufficient evidence or proof be submitted by the owner, or at
the owner's sole expense, where such evidence or proof is necessary to determine whether the
material, equipment, device, construction or foundation condition complies with this bylaw and
the Building Code.
Refusal and Revocation of Permits
8.3. A building official may refuse to issue a permit where in their opinion
(a) the proposed work will contravene the requirements of the Building Code or the provisions of this
or any other bylaw of the City, and must state the reasons in writing;
(b) the results of the tests on materials, devices, construction methods, structural assemblies or
foundation conditions are not satisfactory to the building official; or
(c) the parcel referred to in the permit application does not
(i)
have vehicular access; or
(ii) meet requirements of other City bylaws.
8.4. A building official may revoke a permit if, in their opinion, there is a violation of
(a) a condition under which the permit was issued;
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(b) any requirement of the Building Code or of this or another bylaw of the City;
(c) the permit was issued in error;
(d) cancellation or termination of Homeowner Protection Office Registration occurs prior to finalization
of permit;
(e) the permit was issued on the basis of false or incorrect information; or
(f)
the results of any tests carried out pursuant are not satisfactory to the building official;
(g) such permit revocation may be delivered by written notice to the owner.
Right of Entry
8.5 Subject to Section 16 of the Community Charter, a building official may enter any property at any time
to ascertain whether the requirements of this bylaw are being met, or if the building official has any
reason to believe that an unsafe condition exists.
Powers
8.6 Subject to applicable enactments, a building official may, by notice in writing, require
(a) a person who contravenes any provision of this bylaw to comply with that provision within the time
ordered;
(b) an owner to stop work on a building or structure, or any part of a building or structure, if the
work is proceeding in contravention of this bylaw, the Building Code, or any other enactment of
the City or other applicable enactments, or if there is deemed to be an unsafe condition, and may
enter any property to affix or post a stop work order in the prescribed form;
(c) an owner to remove or prevent any unauthorized encroachment on a public parcel, a statutory
right of way or easement, or a setback or yard required under an enactment;
(d) an owner to remove any building or structure, or any part of a building or structure, constructed
in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f)
an owner to uncover and replace, at the owner's expense, any work that has been covered without
inspection contrary to this bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
(h) a person to cease any occupancy if any unsafe condition exists because of work being undertaken
but not complete and where the building official has not issued a occupancy inspection notice for
the work;
(i)
an owner to correct any unsafe condition; and
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(j)
an owner to correct any work that contravenes this bylaw, the Building Code, or any other
enactment.
8.7
Every reference to "owner" in Section 8.6 includes a reference to the owner's agent or constructor.
8.8
Every person served with a notice under this part must comply with that notice
(a) within the time ordered, or
(b) if no time is ordered, immediately.
PART 9.
OWNER'S RESPONSIBILITIES
Owner's Obligations
9.1.
Subject to Part 12 of this bylaw, every owner must apply for and obtain a permit, prior to
(a) Construction or replacement of new buildings and structures;
(b) Additions to buildings or structures;
(c) Interior and exterior alterations of buildings and structures;
(d) Construction of foundations for, and installation of, manufactured homes;
(e) Installation of plumbing systems;
(f)
Alterations and additions to plumbing systems, including the installation of solar hot water
systems;
(g) Installation and alteration of fire protection sprinkler systems;
(h) Installation of temporary buildings, including fabric covered structures;
(i)
Installation or alteration of mechanical exhaust and fire protection systems for commercial cooking
equipment pursuant to NFPA 96 Ventilation Control and Fire Protection of Commercial Cooking
Operations;
(j)
Installation or alteration of spray booths or spray room equipment pursuant to NFPA 33 and wood
dust collection to systems to NFPA 664;
(k) Construction, installation, or alteration of chimneys or fire places;
(l)
Installation of solid fuel burning appliances;
(m) Construction, additions, or alterations of on-site services for manufactured home parks;
(n) Construction, additions, or alterations of on-site services for campgrounds or recreation vehicle
parks;
9.2. Every owner must
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(a) comply with the Building Code, the requirements of this bylaw and the conditions of a permit, and
must not omit any work required by the Building Code, this bylaw or the conditions of a permit;
(b) ensure that all permits, all plans and specifications and supporting documents on which a permit
was based, all municipal inspection certificates, and all professional field reviews are available at the
site of the work for inspection during working hours of the building official, and that all permits
are posted conspicuously on the site during the entire execution of the work; and
(c) prior to the issuance of a building permit, execute and submit to the City an owner's undertaking
in the prescribed form, where required by the building official.
9.3.
Every owner and every owner's agent, must carry out construction or have the construction carried out
in accordance with the requirements of the Building Code, this bylaw and other bylaws of the City and
none of the issuance of a permit under this bylaw, the review of plans and supporting documents, or
inspections made be a building official or a registered professional shall relieve the owner, or his or her
agent, from full and sole responsibility to perform the work in strict accordance with this bylaw, the
Building Code and all other applicable codes, standards and enactments.
9.4.
Every owner must allow a building official to enter any building or premises at any reasonable time to
administer and enforce this bylaw.
9.5.
Every owner to whom a permit is issued must, during construction,
(a) post a civic address on the property so that it may be easily read from the public highway from
which the property takes its address;
(b) post the permit placard on the property so that it may be easily read from the public highway from
which the property takes its address;
(c) provide building officials with safe access to the work site and all areas requiring inspection.
Damage to Municipal Works
9.6.
Every owner to whom a permit is issued is responsible for the cost to repair any damage to municipal
works or land that occurs during and arises directly or indirectly from the work authorized by the permit.
9.7.
In addition to payment of the security deposit under City bylaws, every owner must pay to the City,
within 30 days of receiving an invoice for same from the City and prior to Occupancy, the cost to repair
any damage to public property or works located on public property arising directly or indirectly for which
a permit was issued.
Notice
9.8.
Every owner must, at least 24 hours prior to commencing work at a building site, give written or online
notice to a building official of the date on which the owner intends to begin such work.
9.9.
Every owner must give written or online to a building official of any change in or termination of
engagement of a registered professional, including coordinating registered professional, during
construction, within 24 hours of when the change or termination occurs.
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9.10. If an owner or a registered professional terminates the engagement of the registered professional,
including a coordinating registered professional, the owner must terminate all work under a building
permit until the owner has engaged a new registered professional, including a coordinating registered
professional, and has delivered to a building official new letters of assurance in the form of a Schedule
A and or B as outlined in the Building Code.
9.11. Without limiting Sections 14.45 to 14.50, every owner must give at least 24 hours' online or written notice
to a building official
(a) of intent to do work that is required or ordered to be corrected during construction;
(b) of intent to cover work that is required under this bylaw to be, or has been ordered to be inspected
prior to covering; and
(c) when work has been completed so that a occupancy inspection can be made.
9.12. Every owner must give notice in writing to a building official and pay the non-refundable fee set out in
the City's Fees & Charges Bylaw immediately upon any change in ownership or change in the address of
the owner, which occurs prior to the issuance of an occupancy permit.
9.13. Every owner must give such other notice to a building official as may be required by the building
official or by a provision of this bylaw.
9.14. 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 14.
PART 10. OBLIGATIONS OF OWNER'S CONSTRUCTOR
10.1. Every constructor must ensure that all construction is done in compliance with all requirements of the
Building Code, this bylaw and all other applicable codes, standards and enactments.
10.2. Every constructor must ensure that no excavation or other work is undertaken on public property, and
that no public property is disturbed, no building or structure erected, and no materials stored thereon,
in whole or in part, without first having obtained approval in writing from the appropriate authority over
such public property.
10.3. For the purposes of the administration and enforcement of this bylaw, every constructor is responsible
jointly and severally with the owner for all work undertaken.
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PART 11. REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional design and Field Review
11.1. The provision by the owner to the City of letters of assurance in accordance with the requirements of the
Building Code shall occur prior to
(a) the pre-occupancy site review coordinated by the coordinating registered professional or other
registered professional for a complex building; or
(b) an occupancy inspection for a simple building in circumstances where letters of assurance have
been required in accordance with the requirements of the Building Code, in which case the owner
must provide the City with letters of assurance in the form of Schedules C-A or C-B, as appropriate,
as outlined in the Building Code.
11.2. If a registered professional provides letters of assurance in accordance with the Building Code, they must
also provide proof of professional liability insurance to the building official.
Requirement for a Registered Professional
11.3. The owner must retain a registered professional to provide a professional design and plan certification
and letters of assurance in the form of Schedules A , B, C-A and C-B as referred to in the Building Code, in
respect of a permit application
(a) prior to the pre-occupancy site review coordinated by the coordinating registered professional or
other registered professional for a complex building; or
(b) prior to an occupancy inspection for a simple building in circumstances where letters of assurance
have been required in accordance with the requirements of the Building Code, in which case the
owner must provide the City with letter of assurance in the form of Schedules C-A or C-B, as
appropriate, referred to in the Building Code;
(c) foundation and excavation components of new simple buildings and additions greater than 55m2
to simple buildings in accordance with the Building Code; except where an unsafe condition may
exist;
(d) a building that is designed with common egress systems for the occupants and requires the use of
firewalls in accordance with the Building Code;
(e) prior to alterations to a building, or to structural component of a building described in paragraph
(b);
(f)
for a building in respect of which the building official determines that site conditions, size or
complexity so warrant in the interests of safety or persons or protection of property under the
Building Code;
(g) if the building envelope components of the building fall under Division B Part 3 of the Building
Code, the building contains more than 5 ( five) dwellings, or if the building envelopes do not
comply with the prescriptive requirements of Division B Part 9 of the Building Code; and
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(h) for a parcel of land on which a building or structure is proposed if the building official believes
the parcel is or is likely to be subject to flooding (including high ground water), mud flows, debris
flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the requirements
for a professional design is in addition to a requirement under Division 8 of Part 3 of the
Community Charter
(i)
for a report certified by a professional engineer with experience in geotechnical engineering
that the parcel may be used safely for the use intended; and
(ii) that the plans submitted with the application comply with the relevant provisions of the
Building Code and applicable bylaws of the City.
11.4. The building official may require any registered professional carrying out the professional design and
field review required under Section 11.1 to 11.3 to provide evidence that they have experience and
expertise in respect of the professional design and field review of the context and scope required and
at the discretion of the building official, a peer review may be required prior to the acceptance of any
design or field reviews conducted by a registered professional.
11.5. Any registered professional required by this bylaw to provide letters of assurance shall show proof of
professional liability insurance at time of building permit application.
PART 12. REQUIRED PERMITS
12.1. Subject to Part 12 of this bylaw, every owner must apply for and obtain a permit, prior to:
(a) construction or placement of new buildings and structures;
(b) additions to buildings and structures;
(c) interior and exterior alterations of buildings and structures;
(d) construction of foundations for, and installation of manufactured homes;
(e) installation of plumbing systems;
(f)
alterations and addition to plumbing systems including the installation of solar hot water systems;
(g) installation and alteration of fire protection sprinkler systems;
(h) installation and alteration of fire alarm systems;
(i)
repair and alteration of fire separation assemblies;
(j)
installation of temporary buildings; including fabric covered structures;
(k) installation or alteration of heating and ventilation systems for residential simple buildings;
(l)
installation or alteration of mechanical exhaust and fire protection systems for commercial cooking
equipment pursuant to NFPA 96 Ventilation Control and Fire Protection of Commercial Cooking
Operations;
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(m) installation or alteration of spray booths or spray room equipment pursuant to NFPA 33 and wood
dust collection systems pursuant to NFPA 664;
(n) construction, installation or alteration of chimneys or fireplaces;
(o) installation of solid fuel burning appliances;
(p) construction of retaining walls
(i)
over 1.2m in height,
(ii) a sequence of retaining walls less than 1.2m in height but spaced less than two horizontal to
one vertical, or
(iii) in the opinion of the building official constitutes a potential unsafe condition;
(q) the moving or relocating of new or existing buildings, including site construction;
(r)
construction or alteration of pools or pool fences;
(s)
change of occupancy classification for a building or part of a building;
(t)
construction of a new secondary or accessory suite;
(u) demolition of buildings or structures;
(v) installation of solar photovoltaic or passive hot water systems; and for
(w) new or altered driveway access, sidewalk(s) and crossover(s) to a City highway.
unless the works are the subject of another valid and subsisting building permit.
PART 13. CONDITIONS OF PERMIT
13.1. A permit is required if work regulated under this bylaw is to be undertaken.
13.2. A building permit or an application for a building permit that is in process may not be transferred or
assigned until the owner has notified the building official in writing, the building official has
authorized the transfer or assignment in writing and the owner has paid the non-refundable fee required
in the City's Fees and Charges Bylaw. The transfer or assignment of a building permit is not an extension
of a building permit.
13.3. The review of plans and supporting documents and issuance of a building permit do not prevent the
building official from subsequently requiring the correction of errors in the plans and supporting
documents, or from prohibiting building construction or occupancy being carried on when in violation
of this or another bylaw.
13.4.
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans, drawings,
specifications or supporting documents, nor any inspections made by or on behalf of the City will in any
way
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(a) relieve the owner (and if the owner is acting through an agent, the agent of the owner) from full
and sole responsibility to perform the work in respect of which the permit was issued in strict
compliance with this bylaw, the Building Code, and all other applicable codes, standards and
enactments;
(b) constitute a representation, warranty, assurance or statement that the Building Code, this bylaw or
any other applicable enactments respecting safety, protection, land use and zoning have been
complied with;
(c) or constitute a representation or warranty that the building or structure meets any standard of
materials or workmanship.
Alternative solutions
13.5
An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the
Building Code or this bylaw must submit sufficient evidence, certified by a professional engineer,
Architect or qualified person(s), to demonstrate that the proposed alternative solutions will provide the
level of performance required by the Building Code or this bylaw and pay the fee specified in City's Fees
and Charges Bylaw.
PART 14. PERMIT REQUIREMENTS FOR SIMPLE AND COMPLEX BUILDINGS
14.1 Every owner shall apply for and obtain a permit before constructing, altering, repairing, demolishing or
moving a building or structure.
14.2 The City shall provide application forms for all application processes required under this bylaw. Forms
shall be adopted by the City through policy from time to time.
Additional Permits
14.3 Where required, separate permits and inspections may be required in the following cases:
(a) Building Move in accordance with Part 15;
(b) Demolition or partial demolition of buildings in accordance with Part 16;
(c) Fire Alarms in accordance with Part 17;
(d) Mechanical Ventilation or Heating Systems in accordance with Part 18;
(e) Plumbing and Fire Suppression Systems in accordance with Part 19;
(f)
Pool Permit in accordance with Part 20;
(g) Retaining walls in accordance with Part 21;
(h) Solar Panel Systems in accordance with Part 22;
(i)
Temporary buildings in accordance with Part 23.
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14.4
Prior to an application of a building permit, the owner must satisfy the following requirements or
conditions:
(a) the owner must apply for and obtain a development permit if the building or structure is in an
area designated by the City's Official Community Plan as a development permit area;
(b) the owner must ensure the proposed building or structure complies with all bylaws of the City,
except to the extent a variance of a bylaw is authorized by a development permit, development
variance permit or order of the Board of Variance;
(c) an approving officer must have approved the subdivision plan that, once registered, would create
the parcel on which the proposed building or structure will be constructed, and the subdivision
plan must have been registered in the Land Title Office;
(d) the owner must provide evidence to the building official showing that the person applying for the
building permit is either the owner of the parcel that is the subject of the proposed building
permit, or is the agent of the owner, in which case, the agent must provide the name and contact
information of the owner;
(e) the subject property or building shall be addressed in accordance with City bylaws;
(f)
the owner must show proof of application for registration or exemptions for home warranty for
projects governed under the Home Protection Act;
(g) if the parcel that is the subject of the building permit application is not intended to be connected
to the City's sewage disposal system, the owner must apply for and obtain approval from the City
and other applicable public authorities for an alternate private sewage disposal system;
(h) if the parcel that is the subject of the building permit application is not intended to be connected
to the City's water system, the owner must apply for and obtain approval from the City and other
applicable public authorities for an alternate water supply system;
(i)
if the parcel that is the subject of the building permit application must provide design for on-site
storm water drainage system unless the owner applies for and obtains approval from the City to
connect the City's storm water system;
(j)
if all on-site and off-site works and services required by the City bylaws and other enactments have
not been completed in accordance with the enactments, the owner must enter into a completion
agreement with the City and deliver to the City letters of credit or cash security for completion of
the works and service.
Building Permit Applications for Complex buildings
14.5
An application for a building permit with respect to a complex building must:
(a) be made in the prescribed form and signed by the owner, or a signing office if the owner is a
corporation;
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(b) pay applicable application fee as prescribed with the City of Penticton Fees & Charges Bylaw;
(c) be accompanied by the owner's acknowledgement of responsibility and undertaking in the
prescribed form and signed by the owner, or a signing officer if the owner is a corporation;
(d) ensure that plans submitted with a permit application bear the name, phone number, address and
email address of the designer of the building or structure;
(e) include a Building Code compliance summary including the applicable edition of the Building
Code, such as without limitation the building is designed under Part 3 of the Building Code, major
occupancy classification(s) of the building, building area, and building height, number of streets
the building faces, and accessible entrances, work areas, washrooms, firewalls and facilities;
(f)
include a copy of a survey plan prepared by a British Columbia Land Surveyor except that the
building official may waive the requirement for a survey plan, in whole or in part, where conditions
warrant;
(g) include a construction fire safety plan, material staging and trucking route plan;
(h) include a site plan prepared by a registered professional showing: (all dimensions are to be shown in
metric and imperial measurements)
i. the bearing and dimensions of the parcel taken from the registered subdivision plan;
ii. the legal description and civic address of the parcel;
iii. the location and dimensions of existing and proposed statutory rights of way, easements and
setback requirements, adjacent streets and lane names;
iv. the location and dimensions of existing and proposed buildings or structures on the parcel;
v. setbacks to the natural boundary of any lake, swamp, pond or watercourse;
vi. north arrow;
vii. if applicable, location of an approved existing or proposed private or other alternative sewage
disposal system, water supply system, or storm water drainage system;
viii. zoning compliance summary;
ix. the location, dimensions and gradient of parking and parking access;
x. proposed and existing setbacks to property lines;
xi. natural and finished grades in geodetic elevations at building corners and significant breaks in
the building plan and proposed grade around the building faces in order to ascertain
foundation height;
xii. on-site storm water management plan;
xiii. first storey floor elevation in geodetic elevation;
xiv. location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xv. line of upper floors and maximum building height in geodetic elevations;
xvi. location and geodetic elevations of curbs, driveways, sidewalks, manholes, and service poles;
xvii. location and depth of existing and proposed service connections;
xviii. location of top bank and water courses;
xix. access routes for firefighting;
xx. accessible paths of travel from the street to the building;
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xxi. geodetic elevation of the underside of a wood floor system or the top of a finished concrete slab
of a building or structure where the City's land use regulations or provincial flood mapping
regulations establish siting requirements related to minimum floor elevation, and
xxii. Where the parcel of land contains slopes in excess of 15%, and upon the request of the Building
official, be accompanied by;
1. 0.5 meter contours of the existing ground surface of the parcel;
2. 0.5 meter contours of the proposed final grading
3. The elevation of all floor areas of the building, the location of all retaining,
driveways, parking areas and other structures on the parcel;
4. The drainage provisions as outlined in the approved subdivision grading plans, if
any, or the approved sedimentation control and storm water management plans.
except that the building official may waive, in whole or in part, the requirements for a site plan, if
the permit is sought for repair or alteration of an existing building or structure;
(i)
include floor plans showing the dimensions and uses and occupancy classification of all areas,
including: the dimensions and height of crawl and roof spaces; the location, size and swing of doors;
the location, size and opening of windows; floor, wall and ceiling finishes; fire separations; plumbing
fixtures; structural elements; and stair dimensions;
(j)
include a minimum of two cross-sections through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions systems, including
thermal and building envelope assemblies;
(k) include elevations of all side of the building or structure showing finish details, roof slopes,
windows, doors, natural and finished grade, spatial separations and ridge height to comply with the
Building Code and to illustrate that the building or structure conforms with the City Zoning Bylaw
and development permit area guidelines;
(l)
include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate
that the building conforms to the Building Code;
(m) include all other requirements of Sections 2.2.1., 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9, Division C of the
Building Code;
(n) include copies of approvals required under any enactment relating to health and safety, including,
without limitations, sewage disposal permits, highway access permits and Ministry of Health
approvals;
(o) include a letter of assurance in the form of Schedule A referred to in the Building Code, signed by
the owner, or a signing officer is the owner is a corporation, and the coordinating registered
professional;
(p) include letter of assurance in the form of Schedule B referred to in the Building Code, each signed
by such registered professionals as the building official or Building Code may require to prepare
the design for and conduct field reviews of the construction of the building;
(q) include two sets of drawings at a suitable scale of the design prepared by each registered
professional containing the information set out in (g) to (m) of this section;
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(r)
include fire flow calculations confirming adequate water supply for firefighting;
(s)
include all documentation required by City procedure, as amended from time to time.
(t)
Include Alternative Solution as per 13.5
14.6 In addition to the requirements of Section 14.5 of this bylaw, a building official may require the
following to be submitted with a permit application for the construction of a complex building if the
complexity of the proposed building or structure or siting circumstances warrant
(a) site servicing and on-site storm water management drawings, including sufficient detail of off-site
services to indicate locations at the property line, prepared and sealed by a registered professional,
in accordance with the City's Bylaws;
(b) a section through the site showing grades, buildings, structures, parking areas and driveways
where any slopes on the subject parcel exceed 15%; and
(c) any other information required by the building official or the Building Code to establish
substantial compliance with this bylaw, the Building Code and other bylaws and enactments
relating to the building or structure.
Building Permit Applications for Simple buildings
14.7 An application for a building permit with respect to a simple building must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed with the City's Fees and Charges Bylaw;
(c) be accompanied by the owner's acknowledgement of responsibility and undertaking in the
prescribed form and signed by the owner, or a signing officer if the owner is a corporation;
(d) include a copy of a title search for the relevant property made within 30 days of the date of the
permit application;
(e) ensure that plans submitted with a permit application bear the name, phone number, address and
email address of the designer of the building or structure;
(f)
include a copy of a survey plan prepared by a British Columbia Land Surveyor except that the
building official may waive the requirement for a survey plan, in whole or in part, where conditions
warrant;
(g) include a site plan showing: (all dimensions are to be shown in metric and imperial measurements)
i)
the bearing and dimensions of the parcel taken from the registered subdivision plan;
ii)
the legal description and civic address of the parcel;
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iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setbacks requirements, adjacent streets and lane names;
iv)
the location and dimensions of existing and proposed buildings or structures on the
parcel;
v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
vi)
north arrow;
vii)
if applicable, location of an approved existing or proposed alternative private or other
sewage disposal system, water supply system or storm water drainage system;
viii)
the location, dimensions and gradient of parking and driveway access;
ix)
proposed and existing setbacks to property lines;
x)
natural and finished grades in geodetic elevations at building corners and datum
determination points;
xi)
on-site storm water management;
xii)
first storey floor elevation in geodetic elevations;
xiii)
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xiv)
line of upper floors and maximum building height in geodetic elevations;
xv)
location and geodetic elevation of curbs, driveways, sidewalks, manholes and service
poles;
xvi)
location and depth of existing and proposed service connections;
xvii)
location of top bank and water courses;
xviii)
access routes for firefighting;
xix)
accessible paths of travel from the street to the building;
xx)
zoning compliance summary; and
xxi)
the geodetic elevation of the underside of a wood floor system or the top of a finished
concrete slab of a building or structure where the City's land use regulations or
provincial flooding mapping regulations establish siting requirements related to
minimum floor elevation, and
xxii)
where the parcel of land contains slopes in excess of 15%, and upon the request of the
Building official, be accompanied by;
a. 0.5 meter contours of the existing ground surface of the parcel;
b. 0.5 meter contours of the proposed final grading;
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c. The elevation of all floor areas of the building, the location of all retaining,
driveways, parking areas and other structures on the parcel;
d. The drainage provisions as outlined in the approved subdivision grading plans, if
any, or the approved sedimentation control and storm water management plans.
except that for a simple building the building official may waive, in whole or in part, the
requirements for a site plan if the permit is sought for the repair or alteration of an existing
building;
(h) include floor plans showing the dimensions and uses of all areas, including: the dimensions and
height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening
of windows; floor, wall and ceiling finishes; plumbing fixtures; solar ready provisions, structural
elements; and stair dimensions;
(i)
include a minimum of two cross-sections through the building illustrating foundations, drainage,
ceiling heights and construction systems, including thermal and building envelope assemblies;
(j)
include elevations of all sides of the building showing finish details, roof slopes, windows, doors,
the grade, the maximum building height line, ridge height, spatial separations and natural and
finished grade to comply with the Building Code and to illustrate that the building or structure
conforms with the City of Penticton Zoning Bylaw and Official Community Plan;
(k) include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate
that the building or structure substantially conforms to the Building Code;
(l)
include copies of approvals required under any enactment relating to health and safety, including,
without limitations, sewage disposal permits, highway access permits and Ministry of Health
approvals;
(m) include an excavation & storm water management plan design prepared by a registered
professional in accordance with the Building Code;
(n) include geotechnical letters of assurance, in addition to a required geotechnical report, if the
building official determines that the site conditions so warrant;
(o) include two sets of drawings at a suitable scale of design including the information set out in (f) to (i)
of this section;
(p) include a Building Code compliance summary including the applicable edition of the Building
Code, such as, without limitation, the building is designed under Part 9 and compliance with article
2.2.2.1.(2), Division C of the Building Code;
(q) Alternative Solution as per 13.5; and
(r)
include all documentation required by City procedures, as amended from time to time.
14.8 In addition to the requirements of Section 14.7 of this part, if a project involves
(a) two or more buildings, the gross floor areas of which in the aggregate total more than 1000m2;
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(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting circumstances warrant,
(d) a building official may require the following be submitted with a permit application for the
construction of each simple building in the project:
i)
site servicing drawings, including sufficient detail of off-site services to indicate locations at
the property line, prepared and sealed by a registered professional, in accordance with the
City's Bylaws;
ii)
a construction fire safety, material staging and trucking route plan;
iii)
a section through the site showing grades, buildings, structures, parking areas and
driveways;
iv)
a roof plan and roof height calculations in geodetic elevations;
v)
structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
vi)
letters of assurance in the form of Schedule B referenced in the Building Code, signed by a
registered professional;
vii)
any other information required by the building official or the Building Code to establish
substantial compliance with this bylaw, the Building Code and other bylaws and
enactments relating to the building or structure, and
Site and Location Information
14.9
Without limiting Sections 14.5(g) or 14.7 (g) of this part, the building official may in writing require an
owner to submit an up-to-date plan or survey prepared by a registered British Columbia Land Surveyor
which contains sufficient information respecting the site and location of any building to
(a) establish, before construction begins, that all the provisions of this bylaw in relation to this
information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other applicable bylaw have
been complied with;
(c) in relation to an existing building, substantiate its location, size, including appurtenances whether
above, at or below ground level, relative to the site or its relationship to neighbouring grades; and
(d) in relation to construction of a new building, or addition to an existing building, prior to the
placement of concrete for foundations, show the elevation at proposed top of concrete on all
building elevations and at all significant changes of elevation to substantiate its size, location and
elevation,
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and every person served with a written requirement under this section must comply with this
requirement.
14.10 An application for a permit may be refused when
(a) Any of the requirements of this section have not been satisfied;
(b) The proposed construction would contravene the requirements of the Building Code or the
provisions of this or any other bylaw of the City; or
(c) The applicant or owner has been notified of a violation of this or any other bylaw of the City with
regard to construction, occupancy or use any building, structure or part thereof, and such
violation has not been remedied.
Building Permit Fee
14.11 Before receiving a building permit for a building or structure, the owner must first pay to the City
(a) the building permit fee prescribed in the City's Fees and Charges Bylaw; and
(b) any fees, fines, charges, levies or taxes imposed by the City and payable under an enactment at the
time of issuance of the building permit.
14.12 The application fee shall be credited against the permit fee when the permit is issued.
Valuation for Permit
14.13 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
(a) site preparation and civil work including excavation and the use of hoisting, pile driving,
compaction or erection devices;
(b) 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 the construction insurance;
and
(c) all mechanical, electrical, plumbing, drainage and gas installations necessary for the carrying out of
the construction to its completed form.
14.14 The building official may place a value on the construction or work for the purposes of determining
applicable permit fees by using an appropriate method from the "Marshall Valuation Services"
publications with the updated "current cost multipliers," or such universal source of calculating valuation,
as the building official deems reasonable, practical and expedient.
Security Deposit with Building Permit Application
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14.15 An applicant for a building permit must pay to the City, at the time of application, the following security
deposit as prescribed within the City of Penticton Fees and Charges Bylaw for:
(a) Building Moves;
(b) Delayed Demolition permits;
(c) Foundation only building permits for Complex projects;
(d) Temporary building permits; and
(e) Occupancy Deposit (Partial)
14.16 The security deposit sum set out in Section 14.15 of this part
(a) covers the cost borne by the City to maintain, restore or replace any public works or public lands
which are destroyed, damaged or otherwise impaired in the carrying out of the work referred to in
any building permit held by the applicant;
(b) covers the cost borne by the City to make the site safe if the permit holder abandons or fails to
complete the work as designated on the permit;
(c) serves as a security deposit to effect compliance with any condition under which the permit was
issued.
14.17 The security deposit or applicable portion must be returned to the applicant
(a) when the City is satisfied that no further damage to public works or public lands will occur;
(b) when the inspections required by this bylaw are complete and acceptable to the building official;
and
(c) when the conditions or provisions of a provisional certificate of occupancy are completed to the
satisfaction of the building official;
only if the applicant has requested the return of the security.
14.18 Any credit greater than the amount of the security deposit used by the City for the purposes described in
Part 14 will be returned to the permit holder unless otherwise so directed by the permit holder. Any
amount in excess of the security deposit required by the City to complete corrective work to public lands,
public works, or the site is recoverable by the City from the permit holder, the constructor or the owner
of the property.
14.19 If the proposed work includes excavation or construction on lands within 3.0 meters of works or services
owned by the City, the owner must deliver to the building official a signed agreement in a form
prescribed by the City under which the owner acknowledges and agrees that any damage to municipal
works or services arising from the construction associated with the building permit will be repaired by
the owner at its expense and to the satisfaction of the City's Public Works Superintendent, and the
owner must deposit with the City security in accordance with Sections 14.15 to 14.16.
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Permit Fee Refunds
14.20 No fee or part of a fee paid to the City may be refunded if construction of the building has started.
14.21 The building official may approve a refund of a fee or portion thereof only if plan checking has not
commenced.
14.22 A building permit or other permit fee may be partially refunded as set out in the City bylaws, only if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction of the building or
structure; and
(c) the permit has not expired.
14.23 A building permit or other permit fee is not refundable after the permit has been extended under
Section 14.61 of this part.
14.24 Except as otherwise provided in this bylaw, all fees and charges paid or payable under this bylaw shall be
non-refundable.
Design Modification
14.25 If an issued building permit or other permit is active and the owner proposed modification to the
building design whereby the value of the work does not increase or the value of the work decreases, the
owner must pay to the City a building permit fee based on the plan review hourly rate set out in City's
Fees and Charges bylaw.
Construction Before Permit Issued
14.26 The building permit or other permit fee is doubled for every permit application if construction
commenced before the building official issued a permit, to a maximum of $10, 000.
14.27 If construction has advanced without inspection to a stage where compliance with this bylaw or other
applicable bylaws or enactments cannot be readily determined, the building official may require tests
and investigations by an independent agency at the owner's expense to establish compliance or provide
recommended remedial measures to be taken, prior to the issuance of a permit.
Expiration of Application for a Permit
14.28 A building permit application expires 90 days from the date of an application unless the permit is not
issued or the delay is caused the City.
Cancellation of Application
14.29 When an application is cancelled
(a) the application fee is forfeited to the City; and
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(b) the applicant will be notified in writing confirming cancellation of application and that plans and
related documents submitted with the application will be held for a period of 30 days, then
destroyed.
Confirmation of Permit Application Reviews
14.30 Upon receiving a completed permit application, the building official shall provide written confirmation
that the City will either issue a permit, or refuse issuance with reasons for the denial within:
(a) 21 working days for Simple building permit applications; or
(b) 45 working days for Complex building permit applications.
14.31 If the denial notice is not provided within the timeframes outlined in Section 14.30 (a) or (b), the permit
fee is to be reduced as prescribed within the City's Fees and Charges Bylaw.
Issuance of a Building Permit
14.32 Each building, structure or part thereof 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.
14.33 If
(a) a completed application in compliance with Sections 14.4 and 14.5 to 14.6 or 14.7 to 14.8, including
all required supporting documentation, has been submitted;
(b) the owner has paid all applicable fees set out in Sections 14.15, 14.16 and 14.17 to 14.23 of the part
and the City bylaws;
(c) the owner or his representative has paid all charges and met all requirements imposed by any other
statute or bylaw;
(d) the owner has retained a professional engineer or geoscientist if required under this bylaw;
(e) the owner has retained an architect if required under this bylaw;
(f)
no covenant, agreement, resolution or regulation of the City requires or authorizes the permit to be
withheld; and
(g) the owner has provided a hazardous materials assessment and remediation compliance letter for
additions or alterations to buildings constructed prior to 1992.
the building official must issue the permit, in the prescribed form, for which the application is made,
and the date of issuance is deemed to be the date the City gives written notice to the owner that the
permit is ready to be picked up by the owner.
Compliance with the Homeowner Protection Act
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14.34 If the application in respect of a building that includes, or will include, a residential occupancy governed
by the Homeowner Protection Act, the building permit must not be issued unless the owner provides
evidence under Section 30(1) of the Homeowner Protection Act, that the proposed building
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed "residential builder" as defined in that Act.
14.35 Section 12.30 of this part does not apply if the owner is not required to be licensed and to obtain home
warranty in accordance with Sections 20(1) or 30(1) of the Homeowner Protection Act.
14.36 Every permit is issued subject to the owner and constructor maintaining compliance with the
Homeowner Protection Act and negotiations under it during the term of the permit.
Issuance of Partial Permits
14.37 The building official may 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 this and any other applicable City bylaws 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.
14.38 If a site has been excavated under a building permit for excavation issued under this bylaw and a
building permit is not subsequently issued or a subsisting building permit has expired under Section
14.41, but without the construction of the building or structure for which the building permit was
issued having commenced, the owner must fill in the excavation to restore the original gradients to the
site within 60 days of being served notice by the City to do so.
14.39 If a building permit has expired and partial construction has progressed, with no extension requested of
the building official under Section 14.42, permanent type fencing with privacy screen complying with
the City's Zoning Bylaw, must be erected around the building site for protection to the public.
Sanitary Facilities during construction
14.40 During the time a building permit has been issued and remains valid under this bylaw, the owner must
provide on the parcel of land in respect of which the permit has been issued, sanitary facilities for the
disposal of human waste from individual persons who enter on the parcel in relations to the work referred
to in the permit, which facilities must be accessible and unlocked when not occupied while work is being
carried out on the parcel under this bylaw, and every sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
by plumbing that complies with the Building Code and this bylaw, must be provided, at all times the
facility is required under this bylaw, with toilet paper, a locking door for privacy, and ventilation, and
must be kept in sanitary condition without leaking beyond the facility and without overflowing within
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the facility. Such facilities must be located so as not to create a nuisance to neighbouring parcels or
highways.
Inspections for Simple buildings
14.41 Despite the requirement for the building official's acceptance of the work outlined in Section 14.48, if a
registered professional provides letters of assurance, the City will rely solely on field reviews undertaken
by the registered professional and the letters of assurance submitted pursuant to this bylaw as assurance
that the aspects of the construction referenced by those letters of assurance substantially conform to the
design, plans and specifications and that the construction complies with the Building Code, this bylaw
and other applicable enactments respecting safety. Copies of all field reviews must be submitted to the
City.
14.42 Despite Section 14.45 of this part, a building official may attend the site from time to time during the
course of construction to ascertain that the field reviews are taking place and to monitor the field reviews
undertaken by the registered professionals.
14.43 A building official may attend periodically at the site of the construction of simple buildings or
structures to ascertain whether the work is being carried out in substantial conformance with the
Building Code, this bylaw and any other applicable enactments concerning safety.
14.44 For all work in respect of simple buildings the owner must give at least 24 hours' notice to the City when
requesting an inspection and must obtain an inspection and receive a building official's written
acceptance of the following aspects of the work prior to concealing them:
(a) Pre-construction on-site orientation - site review when required by the building official;
(b) Footings/excavation - after preparation for footings are complete, prior to placement of concrete;
(c) Foundation - after forms for foundation walls are completed, location certificate submitted and
reviewed by a building official, prior to placement of concrete;
(d) Dampproofing/draintile/roof drains - after damp-proofing and foundation drainage are in place,
prior to backfilling;
(e) Sewer services - sanitary sewer service, after sewer line is in place and under test, prior to backfilling;
(f)
Domestic water service - after the water service lines are in place and water has been turned on,
prior to backfilling;
(g) Plumbing under-slab - plumbing and underground fire suppression supply lines, prior to covering;
(h) Foundation/Slab Insulation - prior to backfilling foundation walls or pouring slabs where required
insulation would be covered
(i)
Radon/Soil Gas Control - after slab preparation for soil gas requirements, the preparation of ground,
including ground cover when required, perimeter insulation of inside of concrete foundation walls
are in place, prior to covering;
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(j)
Plumbing Rough-in - installation of rough-in plumbing, on-site constructed tubs or showers and tub
or shower trap tests when complete and under test, prior to covering;
(k) installation of mechanical ventilation and heating systems, including solar ready installations prior
to covering;
(l)
Framing - framing, sheathing, fire stopping, bracing, with installation of chimney and ductwork,
rough wiring, rough plumbing, rough heating, gas venting, exterior doors and windows, but prior to
the installation of insulation, interior finishes, sheathing paper or exterior finishes which would
conceal such work;
(m) Fire Separations/fire blocking - installation of required fire separations prior to covering
(n) Insulation Vapour/Air Barrier - insulation, air and vapour barrier, after all insulation and vapour
barrier is in place but prior to interior finish being applied which conceal the work;
(o) Plumbing Final - all plumbing requirements for occupancy; and
(p) Occupancy / Completion - after the health and safety aspects of the work and the conservation,
GHG emissions reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
14.45
Where required, additional inspections may be required in the following cases:
(a) Retaining walls shall be inspected in accordance with Section 21 of this bylaw;
(b) Moving of building shall be inspected in accordance with the requirements of Section15 of the
bylaw;
(c) Swimming pools and fences shall be inspected upon completion and prior to filling the pool with
water pursuant to Section 20 of this bylaw;
(d) On-site services shall be inspected in accordance with Section 19 and any other inspection that
may be required pursuant of this bylaw;
(e) Manufactured home parks, campgrounds and RV parks shall require inspections pursuant to
Section 23 of this bylaw;
14.46 A building official will only carry out an inspection under Section 14.44 if the owner or the owner's
agent has requested the inspection online or in writing in accordance with this bylaw.
14.47 No person may conceal any aspect of the work referred to in Section 14.44 of this bylaw until a building
official has accepted it in writing.
Complex building Commissioning
14.48 For work in respect of complex buildings, the owner must
(a) give at least 48 hours' online or written notice to the City when requesting a preconstruction
meeting with the building official prior to the start of construction, and the owner or his or her
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representative must ensure that the coordinating registered professional, the constructor, as
well as representatives of major trades, are in attendance;
(b) give at least 48 hours' online or written notice to the City when requesting a pre-occupancy
coordinated by the coordinating registered professional or other registered professional to have
the owner, the constructor, and the registered professionals demonstrate to the building official
and City Fire Department the compliance with the health and safety aspects of the work, the
coordination and integration of the fire and life safety system, applicable City requirements and
other enactments respecting safety and the conservation, GHG emissions and accessibility aspects
of the work; and
(c) cause the coordinating registered professional, at least 48 hours prior to the pre-occupancy
coordinated site review coordinated by the coordinating registered professional, to deliver to the
building official the Confirmation of Required Documentation described in the prescribed form,
complete with all documentation in a hard covered three ring binder and in digital pdf format on a
memory stick.
Stop Work Orders
14.49 The building official may direct the immediate suspension or correction of all or a portion of the
construction on a building or structure by attaching a stop work order notice in the prescribed form on
the premises when it is found that the work is not being performed in accordance with the requirements
of the Building Code, any applicable bylaw of the City or the applicable provisions of the Homeowner
Protection Act.
14.50 The coordinating registered professional may request, in writing, that the building official order the
immediate suspension or correction of all of a portion of the construction on a building or structure by
attaching a stop work order notice on the premises. The building official must consider such request
and, if not acted upon, must respond, in writing, to the coordinating registered professional and give
reasons.
14.51 If a registered professional's services are terminated, the owner must immediately stop any work that is
subject to his or her design or field review and the building official is deemed to have issued a stop work
order under Section 14.49.
14.52 The owner must immediately, after the posting of a notice under Section 14.49, secure the construction
and the lands and premises surrounding the construction in compliance with the safety requirements of
every statute, regulation or order of the Province or of a Provincial agency and of every applicable bylaw
of the City.
14.53 Subject to 14.49, no work other than the required remedial measures may be carried out on the parcel
affected by the notice referred to in Section 14.49 until the stop work order notice has been removed by
the building official.
14.54 The notice referred to in Section 14.49 must remain posted on the premises until that which is contrary to
the enactments has been remedied.
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Do Not Occupy Notice
14.55 If a person occupies a building or structure or part of a building or structure in contravention of this
bylaw, a building official may post a Do Not Occupy Notice in the prescribed form on the affected part of
the building or structure.
14.56 If a notice is posted under Section 14.55, the owner of a parcel on which a Do Not Occupy Notice has been
posted, and every other person, must cease occupancy of the building or structure immediately and
refrain from further occupancy until all applicable provisions of the Building Code and this bylaw have
been substantially complied with and the Do Not Occupy Notice has been rescinded in writing by a
building official.
Inspection and Other Fees
14.57 In addition to the fees required under other provisions of this bylaw, the owner must pay the non-
refundable fee set out in City bylaws for
(a) a second and each subsequent re-inspection where it has been determined by the building official
that due to non-compliance with the provisions of this bylaw or due to non-complying work, more
than one visit is required for any required inspection;
(b) a special inspection during the City's normal business hours to establish the condition of a building,
or if an inspection requires special arrangements because of time, location, or construction
techniques; and
(c) an inspection required under this bylaw which cannot be carried out during the City's normal
business hours.
Permit Expiration
14.58 Every permit is issued on the condition that the permit expires and the rights of the owner under the
permit terminate if
(a) the work authorized by the permit is not commenced within 180 days from the date of issuance of
the permit unless extended under Part 12;
(b) work is discontinued for a period of 180 days; or
(c) the work is not completed within 24 months for Simple and Complex projects, unless otherwise
specified by the Building official, of the date of issuance of the permit.
14.59 Where a permit has expired, the work shall cease and the construction shall be removed, unless a new
permit application is made within 90 days of the expiry date of the permit.
14.60 Where a permit has expired, and a new permit application is made, all construction shall comply with
this bylaw, the Building Code and any other City bylaws and enactments in force at the time of the new
application.
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Permit Extension
14.61 Where construction has not commenced within 180 days from the date the permit was issued, the
building official may extend the permit for a period not more than 180 days from the date of expiry of
the original permit, but the permit shall then be void if construction has not started within 360 days
from the original date of the issuance of the permit, if
(a) application for the extension is made at least 30 days prior to the date of permit expiration, and
(b) the non-refundable fee set out in the City's Fees and Charges Bylaw has been paid.
14.62 Where construction has commenced and has not been discontinued or suspended for a period of more
than 180 days, the building official may extend the expiry date for the permit for a period of time as the
building official considers reasonable to a maximum of one year, where the building official is satisfied
that there exists a reasonable excuse for the delay in completing construction, if
(a) application for the extension is made at least 30 days prior to the date of permit expiration; and
(b) the non-refundable fee set out in the City's Fees and Charges Bylaw has been paid.
Building Permit Cancellation by Owner
14.63 A building permit, or a building permit application, may be cancelled by the owner, or his or her agent,
on delivery of written notification of the cancellation to the building official.
14.64 On receipt of the written cancellation notice, the building official must mark on the application, and a
permit if applicable, the date of cancellation and the word "cancelled".
14.65 If the owner, or his or her agent, submits changes to an application after a permit has been issued and
the changes, in the opinion of the building official, substantially alter the scope of work, design or intent
of the application in respect of which the permit was issued, the building official may cancel or amend
the permit and mark on the permit the date of cancellation or amendment and the work "cancelled" or
"amended".
14.66 If a building permit application or permit is cancelled, and construction has not commenced under the
permit, the building official must return to the owner any fees deposited under the City's Fees and
Charges Bylaw.
Partial Occupancy
14.67 Upon written request by the owner/agent, a building official may issue a partial occupancy inspection
notice for a portion of a building or structure under construction when
(a) that portion of the building or structure is self-contained and provided with essential services
respecting health and safety aspects of the work, and if applicable, accessibility, GHG emissions
and conservation; and
(b) the requirements set out in Section 14.71 have been met with respect to it, and
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(c) security deposit fees are paid as prescribed by the City of Penticton Fees and Charges Bylaw.
14.68 The owner, developer or builder shall ensure that no unsafe condition exists or will exist resulting from
the work being undertaken or not completed.
14.69 The building official may withhold an occupancy permit until the building, structure or part thereof
complies with this bylaw, the Building Code and any other applicable bylaws or enactments.
14.70 The building official may revoke an approval for partial occupancy for failure to comply with any
conditions of the approval.
Occupancy
14.71 No person may occupy a building or structure or part of a building or structure until an occupancy
inspection notice has been issued by a building official for
(a) occupancy of a building or structure or part thereof after completion of construction; or
(b) any change of class of occupancy of any building or structure or part thereof.
14.72 An occupancy inspection notice will not be issued unless
(a) all letters of assurance have been submitted when required in accordance with this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to Sections 14.41 to 14.47 and
14.48 of this bylaw have both been inspected and accepted or the inspections and acceptance are
not required in accordance with this bylaw;
(c) the owner has provided to the City a building survey prepared by a British Columbia Land Surveyor
showing the building height, size, location and elevation determined in accordance with the City's
land use regulations;
(d) all other documentation required under applicable enactments has been delivered to the City;
(e) where any of the requirements for life and fire safety have been deemed to be satisfied by an
alternative solution pursuant to provisions of the Building Code, the owner shall submit to the
building official, prior to use or occupancy of the building or structure, certification Qualified
Person(s) responsible the alternative solution, that the construction substantially complies with
the requirements set out in the alternative solution report.
14.73 When a registered professional provides letters of assurance in accordance with this bylaw, the City will
rely solely on the letters of assurance when issuing a certificate authorizing occupancy as assurance that
the items identified on the letters of assurance substantially comply with the design, the Building Code,
this bylaw and other applicable enactments respecting safety.
Completion
14.74
A Completion inspection will stand for projects such as retaining walls, pools, solar panels, mobile-
modular homes, and demolition permits.
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PART 15. BUILDING MOVE PERMIT
15.1
Without limiting Section 6.3 of this bylaw, no person shall relocate a manufactured home, structure,
building or part thereof into the City or from one property to another within the City unless the owner or
agent has first obtained a building permit for that purpose as provided for in this bylaw.
Application Requirements
15.2
An application for a building permit with respect to a building move permit must:
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) provide a site plan showing:
i)
the location of the proposed building and any accessory buildings in relation to existing
buildings on the property in the form of a site plan drawn to scale;
ii) distances from the proposed building and all existing buildings to the property boundaries;
(d) drawings showing construction details for on-site construction as outlined in Section 14.5 or 14.7;
and
(e) written confirmation from the manufactured home park owner or authorized representative.
15.3
The relocation of manufactured homes factory constructed and assembled more than 30 years prior to
the date of permit application is prohibited. The year, make, model and serial numbers shall be
determined by the CSA Rating Plate and/or the Province of British Columbia Mobile home Registry.
15.4
A building official may require a report from an accredited restoration company or registered
professional with experience in environmental engineering stating that there are no environmental issues
or hazards regarding health and safety to occupants prior to issuing a building permit to relocate a
manufactured home, mobile home or other building.
15.5
Where a manufactured home or mobile home is less than five years old, the building evaluation may be
waived by the building official.
Permit Issuance
15.6
The building official may issue a permit for construction involved in the moving of any building,
structure or part thereof into or within the City when the owner has
(a) finalized disconnection of services;
(b) finalized any outstanding taxes owing and utility billing accounts to the City;
(c) have approval for safe route transport in the form of Schedule G as prescribed by the City's Public
Works department;
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(d) provided a hazardous assessment and clearance letter for the demolition of any existing on-site
construction for buildings constructed prior to 1992, and
(e) deposited with the City a security deposit as prescribed within the City's Fees and Charges Bylaw.
Completion Conditions
15.7
All construction including relocations, alterations and additions for relocated manufactured homes,
mobile homes or other buildings shall be completed with 180 days of the date the permit was issued.
15.8
If the owner does not move the building, structure or part thereof for which a permit is issued and
complete construction within the time specified in Section 15.7, the building official may notify the
owner in writing and direct the owner to complete that work within 30 days from the date of the notice.
15.9
If the work is not completed within the 30 days, the City or its agent may enter, clean and tidy the site at
the expense of the owner and the costs shall be deducted from the security deposit.
15.10 If the building, structure or part thereof to be moved is located on a property in the City, then the
property must be returned to a safe, clean and tidy condition within 120 days from the date of issuance of
the permit.
PART 16. DEMOLITION PERMITS
16.1
Without limiting Section 6.3 of this bylaw, a person must not demolish or partially demolish a building or
structure without making application and receiving a valid building permit.
Application Requirements
16.2
An application for a building permit with respect to a demolition permit must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) provide a site plan showing all buildings and structures and servicing locations;
(d) provide vacancy date;
(e) provide a hazardous materials assessment and remediation clearance letter for buildings
constructed prior to 1992;
(f)
pay capping fees as set out in the City's bylaws governing water, electrical and sewer utilities; and
(g) ensure that all municipal services and other services are capped and terminated at the property line
in a City standards.
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Demolition sites
16.3
The following items shall be required at demolition sites to the satisfaction of the building official:
(a) the demolition of buildings and structures shall be in accordance with Part 8 of the Building Code
"Safety Measures at Construction and Demolition Sites";
(b) all construction material and debris, including concrete foundations and septic tanks are to be
removed from the site;
(c) all services and utilities are to be disconnected at the property lines;
(d) the site shall be left in a clean and tidy condition within 90 days from the date of issuance of the
demolition permit;
(e) should demolition not have commenced by the 90 day expiry date the building official may at his
or her discretion cancel the permit by written notification. There shall be no refund for the
demolition inspection permit and where applicable the security deposit shall be returned;
(f)
any request to extend the 90 day time limit shall be received 30 days prior to the date of expiry. The
request shall be in writing from the owner or their agent and approved in writing by the building
official; and
(g) where required for industrial and commercial demolition sites the Environmental Management Act
shall apply.
Delayed Demolition Requests
16.4
Upon written request by the owner, a demolition permit may be issued without service disconnects or
hazardous materials remediation for a period of up to 180 days.
Security for Delayed Demolitions
16.5
Security deposits for demolition permits shall be required for all delayed demolitions of buildings or
structure requiring a permit in an amount prescribed within the City of Penticton Fees and Charges
Bylaw.
(a) the security deposit shall be held by the City until the site is restored to a safe and tidy condition to
the satisfaction of the building official;
(b) if the owner fails to leave the site in a clean and tidy condition to the satisfaction of the building
official with the 90 day time limit the City or its agent may enter, clean and tidy the site at the
expense of the owner and costs shall be deducted from the security deposit;
(c) if the security deposit is insufficient to cover the costs of tidying and cleaning the site the owner
shall within 30 days of invoice from the City pay the balance of the costs over the amount of the
security deposit; and
(d) if the costs are unpaid on the 31st day of December in the year on which the demolition occurred the
costs shall be added to and form part of the property taxes payable as taxes in arrears.
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PART 17. PART 17: FIRE ALARM PERMITS
17.1
Without limiting Section 6.3 of this bylaw, a person must not install, replace or alter a fire alarm system
without making application and receiving a valid building permit.
Application Requirements
17.2
An application for a fire alarm permit with respect to any occupancy must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed with the City of Penticton Fees and Charges Bylaw, and
(c) two (2) sets design drawings and specifications prepared by a registered professional along with
letters of assurance.
Professional design and Commissioning
17.3
The design, installation, commissioning and maintenance shall conform to:
(a) the B.C. Building Code; and
(b) all relevant standards of the National Fire Protection Agency, (NFPA), pertaining to fire alarm
systems.
17.4
Where a permit is required, no engineered system shall be put into use until it has been tested and
accepted by the registered professional who is responsible for its design, as applicable.
PART 18. MECHANICAL VENTILATION AND HEATING PERMITS
18.1
Without limiting Section 6.3 of this bylaw, a person must not install, replace or alter a mechanical
ventilation or heating system without making application and receiving a valid building permit.
Application Requirements
18.2
An application for a mechanical permit with respect to a residential occupancy for Simple buildings must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) provide heat load worksheet, appliance selection worksheet, and ventilation checklist.
18.3
An application for commercial cooking system, spray booth operation or wood dust collection system
permit shall
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
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(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) two (2) sets design drawings, prepared by a registered professional along with letters of assurance.
Design Standards
18.4
The design, installation and maintenance for commercial cooking system, spray booth operation or wood
dust collection system shall conform to:
(a) the B.C. Building Code, Division B, Part 6 Heating and Ventilation and Air-conditioning;
(b) the B.C. Building Code, Division B, Part 3, Section 3.2.5 Provisions for Fire Fighting; and
(c) all relevant standards of the National Fire Protection Agency, (NFPA), pertaining to fire suppression
systems.
Inspections and Commissioning
18.5
Where a mechanical and ventilation system has been installed or altered under permit for simple
buildings or residential use, an inspection shall be requested before:
(a) the system is covered up; or
(b) the system is used.
18.6
Where a mechanical system has installed or altered under permit for a commercial kitchen, spray booth or
wood dust collection system, it shall not be put into use until it has been tested and accepted by the
registered professional who is responsible for its design and installation, as applicable.
PART 19. PLUMBING AND FIRE SUPPRESSION PERMITS
19.1
Without limiting Section 6.3 of this bylaw, a person must not install, replace or alter a plumbing or fire
suppression system making application and receiving a valid building permit.
Application Requirements
19.2
An application for a plumbing or fire suppression permit shall
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) provide two (2) sets of isometric drawings where works are not performed by a qualified plumber
for single family dwellings projects; or
(d) provide two (2) sets drawings including design drawings, including storm water management
systems, prepared by a registered professional along with letters of assurance.
19.3
The design, installation and maintenance of plumbing and fire suppression systems shall conform to:
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(a) the B.C. Plumbing Code;
(b) the B.C. Building Code, Division B, Part 3, Section 3.2.5 Provisions for Fire Fighting; and
(c) all relevant standards of the National Fire Protection Agency, (NFPA), pertaining to fire suppression
systems.
Inspections and Commissioning
19.4
Where a plumbing system has been installed or altered under permit for a simple building, an inspection
shall be requested before:
(a) the system is covered up; or
(b) the system is used.
19.5
Where a plumbing system or fire suppression system has been installed or altered under permit for a
complex building it shall not be put into use until it has been tested and accepted by the registered
professional who is responsible for its design, as applicable.
PART 20. POOL PERMITS
20.1
Without limiting Section 6.3 of this bylaw, a person must not construct, or structurally repair, a pool
without making application and receiving a valid building permit.
Application Requirements
20.2
An application for a building permit with respect to a pool permit must:
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City's Fees and Charges Bylaw;
(c) provide a site plan showing the location and distances of the proposed pool and any accessory
buildings in relation to existing buildings on the property;
(d) construction details for the pool and the proposed method of enclosure of the pool area; and
(e) approval of design from the Local Health Authority having jurisdiction, if the pool is accessible for
public use.
Professional design
20.3
In accordance with Section 11.3 of this Bylaw, professional design and field reviews may be required,
subject to the complexity of the design and the condition of soils where the pool is to be located.
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Fencing
20.4
A swimming pool, including a spa or hot tub must be enclosed within a fence constructed without
footholds or grips that children may use to climb into the enclosed area, having a minimum height of
1.22m and no openings greater than 100mm at their greatest dimension. Where the access to the
swimming pool is from a dwelling located on the same property as the swimming pool, the access may
be directly from the dwelling.
20.5
The fence or equivalent barrier referred to in Section 20.4 shall be of chain link type material, provided the
openings do not exceed five centimetres (5 cm), solid material with a flat vertical surface, or vertically
oriented material.
20.6
A swimming pool fence or equivalent temporary barrier shall be in place, inspected and approved prior to
placing the water in a pool.
20.7
Fences or barriers for swimming pools are not required on properties zoned Agricultural or Rural
Residential, as established by the City of Penticton Zoning Bylaw, where the pool is located forty-five
metres (45 m) or more from the nearest property line
Pool Gate
20.8
Access through a fence enclosing a swimming pool, spa or hot tub must be only through a self-closing
and self-latching gate designed and constructed or installed so as to cause the gate to return to a closed
position when not in use and secured by a latch located on the swimming pool, spa or hot tub side of the
gate.
20.9
All openings or gates in the fence or barrier shall be locked closed when not in use.
Spa or Hot Tub Lid
20.10 In lieu of a fence, a spa or hot tub may be covered with a locking cover, which would prevent
unauthorized access to the water.
Above Ground Pools
20.11 A swimming pool which is located above ground and has vertical sides of at least 1.2m may be protected
from access by fencing the access ladder to limit access, with a child resistant self-closing and self-latching
gate through the fence.
Maintenance
20.12 A person may not use or occupy a swimming pool, including a spa or hot tub unless the owner or
occupier of property on or in which a pool, spa or hot tub is located maintains every fence or cover
required under Sections 20.4 to 20.11 in good order, and without limitation maintains and repairs in good
order at all times all sagging gates, loose parts, torn mesh, missing materials, worn latches, locks or broken
or binding members.
Leaks or Other Failures
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20.13 A person may not obtain a valid and subsisting building permit for or use or occupy a pool without first
delivering to the building official at the time of the building permit application an opinion of a
registered professional that the design of the pool will not cause or result in leaks or other failures of the
pool.
Drainage
20.14 Drainage from pools must be contained and disposed of on the same property as the pool is located and
discharged to ground where practical to do so.
Public Pools
20.15 Pools intended for public use shall not be occupied until an Operating Permit for the pool has been
issued by the Local Health Authority.
PART 21. RETAINING WALLS AND GRADES
21.1
Without limiting Section 6.3 of this bylaw, a person must not construct, or structurally repair, a retaining
wall without a valid building permit.
Application Requirements
21.2
An application for a building permit with respect to a retaining building permit must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City of Penticton Fees and Charges Bylaw;
(c) provide a site plan showing all buildings and structures and servicing locations.
Professional design and Permit closure
21.3
A registered professional shall undertake the design and conduct field reviews of the construction and
drainage of a retaining structure;
(a) greater than 1.2m in height; or
(b) where a sequence of walls are located closer than 2 horizontal to 1 vertical.
(c) where site drainage is impacted as determined by the City;
(d) where other geotechnical concerns exist as determined the City; or
(e) where the retaining wall is supporting another building or structure, a letter of assurance in the
form of Schedule B pursuant to the Building Code, signed by a registered professional.
Site Safety Conditions
21.4
If a building official determines that an unsafe condition exists as the result of the construction of a
retaining wall requiring a building permit, a guard or fence may be required.
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Finished Grades and Slope Retention
21.5
Except as certified by a professional engineer with expertise in geotechnical engineering registered in the
Province of British Columbia, fill material placed or excavation into natural grade on a parcel must not
have a surface slope exceeding a ratio of one linear unit vertically to two linear units horizontally, unless
restrained by a permitted retaining wall.
21.6
Retaining walls are not permitted to be constructed of stacked un-cemented rock or boulders or
creosoted timbers.
21.7
No person may occupy a building unless the finished grade complies with all applicable enactments.
21.8
The maximum grade for a residential driveway shall not exceed 20%.
PART 22. SOLAR PANEL PERMIT
22.1
Without limiting Section 4.3 of this bylaw, a person must not install or alter a solar domestic hot water
system or photovoltaic solar panel system without making application and receiving a valid building
permit.
Application Requirements
22.2
An application for a building permit with respect to solar panel system must
(a) be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b) pay applicable application fee as prescribed in the City's Fees and Charges Bylaw;
(c) be accompanied by plans showing the location of the proposed solar panel location in relation to
existing buildings on the property in the form of a site plan drawn to scale;
(d) construction details for the attachment of the panels to the building and provide a sealed drawing
by a registered professional to confirm loading on structural members of building are designed to
accommodate the anticipated loads for solar domestic hot water systems and where photovoltaic
solar systems incorporate a ballast system.
22.3
For hot water systems, compliance with CAN/CSA-F383-87, Installation Code for Solar Domestic Hot Water
Systems, as referred to in the British Columbia Building Code.
22.4
Prior to obtaining a permit for a photovoltaic solar panel system with connection to the City's electric
system shall enter into a net-metering agreement with the City.
Commissioning
22.5
Prior to operating a solar panel system the owner shall provide:
(a) verification from the registered professional of record, where applicable, and
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(b) for photovoltaic systems a fire safety plan approved by the City of Penticton Fire Department for the
identification of shut down procedures in the event of an emergency.
PART 23. TEMPORARY BUILDING PERMIT
23.1
Subject to the bylaws of the City and order of Council, the building official may issue a building permit
for the erection or placement of a temporary building or structure for occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the City's Zoning Bylaw, built in compliance
with the Building Code and this bylaw, and connected, as required by enactments, to City utility
services.
Application requirements
23.2
An application for a building permit for the erection or placement of a temporary building or
structure must be made in the form of a temporary permit application on the prescribed form, signed
by the owner or agent, and must include:
(a) plans and supporting documents showing the location and building height of the building or
structure on the parcel;
(b) plans and supporting documents showing construction details of the building or structure;
(c) application fee as prescribed in the City's Fees and Charges Bylaw;
(d) a statement by the owner indicating the intended use and duration of the use;
(e) plans and supporting documents showing the proposed parking and loading space;
(f)
a written description of the project explaining why the building is temporary;
(g) a copy of an issued development permit, if required;
(h) in the case of a manufactured building, a CSA label in respect of manufacture and, without
limitation, a Quonset or other steel building must be certified in accordance with CSA Standard
A660;
(i)
a report or drawing by an engineer, architect or designer confirming compliance with the Building
Code, this bylaw, the City's Zoning Bylaw and other applicable bylaws;
(j)
security as prescribed in the City's Fees and Charges Bylaw, which security may be used by the City
to remove the building after one year of the date of the occupancy inspection required under this
bylaw; or
(k) must be returned to the owner if the owner removes the temporary building within one year of
the date of the occupancy inspection of the temporary building required under this bylaw; and
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(l)
in the case of a temporary building, information to comply with article 1.1.1.1(2)(f), Division C of
the Building Code.
23.3
Before receiving a building permit for a temporary building or structure for occupancy, the owner
must pay to the City the applicable building permit fee set out in the City's Fees and Charges Bylaw.
A permit fee for a temporary building or structure is not refundable.
PART 24. ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS
24.1
Prior to the issuance of a building permit for a Simple building of multi-family or commercial occupancy
under Part 9 of the Building Code, the owner must satisfy the building official that the building or
structure for which the permit is issued will be served by a fire access route that satisfies the following:
(a) the width of an access route must be not less than 6.0 meters;
(b) the centerline radius of an access route must be less than 12.0 meters;
(c) the overhead clearance of an access route must be 5.0 meters;
(d) the gradient of the access route must not change more than 1 in 12.5 over a minimum distance of
15.0 meters;
(e) the access route must comply with the bearing load and surface material standards of the City's
Subdivision and Servicing Bylaw, as amended or replaced from time to time; and
(f)
the length above which a dead-end portion of an access route requires turnaround facilities is 90.0
meters.
PART 25. CLIMATIC DATA
25.1
The climatic data for the design of buildings in the City shall be the date listed in the current edition of
Division B Appendix C to the Building Code for Penticton, British Columbia.
PART 26. ENERGY CONSERVATION and GHG EMISSIONS REDUCTION
Step Code Requirements
26.1
In relation to Energy Efficiency, the City incorporates by reference the performance requirements set out
in subsection 9.36.5 - Energy Performance Compliance of the Building Code. (Bylaw No. 2024-08)
26.2
Any new building or structure to which Part 3 or Part 9 of the Building Code applies, and is within the
scope of the application of the Zero Carbon Step Code, as described in the Building Code, must be
designed and constructed to meet performance requirements specified in EL-1 (measure only) of the
Zero Carbon Step Code. (Bylaw No. 2024-08)
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26.3
For a Part 9 or Part 3 building or structure that is designed in compliance with the applicable step of the
BC Energy Step Code but where the constructed building or structure does not meet the performance
requirements of the applicable step of the energy Step Code, the building official may issue an
inspection note for partial occupancy, or occupancy of the building or structure and a Section 57 of the
Community Charter will be registered against the property title stating that the building or structure has
not met the design requirements for the applicable step of the BC Energy Step Code.
26.4
The owner of any building subject to a requirement under section 26.1 or section 26.2 must do the
following prior to the issuance of any occupancy permit in respect of the building:
(a) submit to the City a BC Energy Compliance Report - As built with all sections including section "F"
completed; and
(b) affix one of the following home energy labels to the building in a conspicuous location, upon or in
close proximity to the electrical panel:
(i)
an EnerGuide Rating System label'
(ii) a Passive House Certification; or
(iii) a comparable home energy label acceptable to the City's Manager of Building and
Permitting Services.
26.5.
Any dwelling, which achieves a minimum of Step 04 of the Step Code, will receive a building permit fee
discount rebate as prescribed with City of Penticton Fees and Charges Bylaw for which the permit was
authorized.
26.6.
Prior to receiving a building official's written acceptance for sub-section 14.4 (n), the owner shall submit
a mid-construction compliance report as prescribed within the BC Building Code.
Solar Hot Water & Photovoltaic Solar Ready
26.7.
Except for 26.5, 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.
26.8.
Where it is shown to the satisfaction of the Building Official that building site conditions do not permit
the effective use of solar hot water heating or PV systems, section 26.7 does not apply.
Refer to Part 22, Solar Panel Permit for installing a solar PV or hot water system.
PART 27. NUMBERING OF BUILDINGS
27.1
Immediately upon issuance of a building permit governing the construction, alteration or repair of a
building, or prior to and during occupancy of a building, the owner or occupant must display the
address number assigned to it by the City:
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(a) on or over the entrance to the building or where landscaping or structures obscure the visibility of
a building entrance from the adjacent highway, on the building property within sight of the
adjacent highway; and
(b) until such time as the building is removed from the site or has been demolished.
27.2
Despite Section 27.1 the City's Engineer may renumber or alter the assigned numbers in respect of any
building or any parcel, including those already in existence or numbered.
27.3
Without limiting Sections 27.1 or 27.2, a building official must, on the issuance of a building permit,
designate a house number or set of house numbers related to the building authorized by the permit.
The owner or occupier must post the number or numbers on the site immediately after obtaining the
building permit and keep the numbers posted in a conspicuous location at all times during
construction.
27.4
Without limiting Sections 27.1 through 27.3, on issuance of an occupancy permit, the owner or occupier
of the parcel must affix the numbers permanently in a conspicuous place on the building such that the
number is visible from an adjacent highway that is not a lane.
PART 28. TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION
28.1
Where a temporary residence is required during the period of construction of a new residence, the
following conditions shall apply:
(a) no more than one temporary residence shall be permitted on a lot and the lot shall be not smaller
than 0.4ha (0.9884 acres);
(b) the temporary residence may include a modular manufactured home or an existing single family
dwelling legally sited on the subject property;
(c) a manufactured home or modular manufactured home that is used for a temporary dwelling shall
be sited in conformity with the regulations of this bylaw and the Provincial Health Act and shall not
be sited on a permanent foundation with a basement excavation;
(d) the temporary residence shall be removed from the owner's land within 30 days of the end of the
period of construction of the new residence except that the temporary residence may be converted
to any non-residential use permitted within the applicable zone subject to compliance with all
other regulations of the applicable zone with respect to density and the siting, size, and dimensions
of the building;
(e) removal of all kitchen and bathroom cabinets, plumbing fixtures, hot water tanks, furnaces, and
sewer connections except that some of said facilities may be retained for home occupation and
workshop purposes as determined by the building official;
(f)
refinishing of the exterior of the building to portray a building intended for the proposed use; and
(g) completion of the conversion within 30 days of the end of the period of construction of the new
residence;
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(h) a covenant shall be registered pursuant to Section 219 of the Land Title Act to permit the temporary
residence during the period of construction and to prohibit the temporary residential use from
continuing after the period of construction ends. The covenant shall also include an agreement by
the owner to indemnify and save harmless the City against all costs and expenses incurred by the
City, in default by the owner, in the conversion, demolition, or removal of the temporary residence,
and/or legal costs incurred in pursuing such legal remedies as the City sees fit. The covenant shall
be registered as a condition precedent to the issuance of a building permit for the new residence;
(i)
a blanket statutory right-of-way shall be granted to the City permitting the City to enter onto the
owner's land for the purpose of converting, demolishing, or removing the temporary residence in
the event that the owner defaults. The statutory right-of-way plan shall be registered as a condition
precedent to the issuance of a building permit for the new residence;
(j)
an irrevocable unconditional letter of credit shall be drafted in favour of the City, to be held as
security for performance by the owner of his covenants and obligations with respect to the
conversion, demolition or removal of the temporary residence. The amount of the letter of credit
shall be 1.5 times the estimated cost of conversion, demolition, or removal of the temporary
residence, which estimate shall be obtained from a qualified building, demolition, or moving
contractor. The letter of credit shall be provided as a condition precedent to the issuance of a
building permit for the new residence. Notwithstanding the above provisions and where a
manufactured home is intended to be used as the temporary residence, a letter of credit or
certified cheque in the amount of $1,500.00 may be accepted by the Building official. Where a
modular manufactured home is intended to be used as the temporary residence, a letter of credit
or certified cheque in the amount of $3,000.00 may be accepted by the building official; and
(k) for the purposes of this section, "period of construction" shall mean the period of time
commencing when a building permit is issued for the new residence and ending either one year
from the date of issuance of the permit or when a notice of conversion, demolition, or removal is
delivered to the owner, whichever event first occurs. The notice of conversion, demolition, or
removal of the temporary residence shall be in writing and delivered from the office of the building
official of the City.
PART 29. OFFENCES AND ENFORCEMENT
Violations
29.1
Without limiting Part 7 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this bylaw; and
(c) neglects to do anything required to be done under any provision of this bylaw;
commits an offence and on summary conviction by a court of competent jurisdiction, the person is
subject to a fine of not more than $10,000.00, a term of imprisonment not exceeding three months, or
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both, in addition to the costs of prosecution. Each day during which a violation, contravention or breach
of this bylaw continues is deemed to be a separate offence.
29.2
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.
29.3
Every person who commences work requiring a building permit without first obtaining such a permit
must, if a Stop Work Order is issued and remains outstanding for 30 days, pay an additional charge as
outlined in the City bylaws.
Deemed Offence
29.4
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.
29.5
No person is deemed liable under Section 29.4 who establishes, on a balance of probabilities, that the
construction of change of use or occupancy occurred before they became the owner of the parcel.
29.6
Nothing in Section 29.5 affects
(a) the City's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
Ticketing
29.7
The offences in the Bylaw Notice Enforcement Bylaw and Municipal Ticketing Information Bylaw are
designated for enforcement under Section 264 of the Community Charter.
PART 30. UNSAFE CONDITIONS
30.1
If the supply of electricity or natural gas have been disconnected due to a hazardous or potentially
hazardous situation existing in the building or structure or part thereof, the supply of electricity or
natural gas to the building or structure shall not be reconnected, the building shall not be occupied
until
(a) the owner has applied to the building official for a special safety inspection pursuant to this part
and has paid the required fees;
(b) the building, structure or part thereof has been inspected by the building official and, if
considered necessary by the building official, by the City Fire Chief for compliance with this bylaw
and any other bylaws or Provincial statutes or regulations relating to building, electrical, gas or fire
safety;
(c) the owner has obtained permits required to carry out the works necessary to bring the building,
structure or part thereof into compliance with the bylaws, statutes, and regulations; and
(d) all of the works referred to in Section 30.1(c) have been completed and the building or structure
has been brought into compliance with bylaws, statutes and regulations.
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PART 31. REPEAL
31.1
City of Penticton "Building Bylaw No. 2018-01" and all amendments thereto are hereby repealed upon
adoption of this bylaw.
PART 32. IN FORCE
32.1
This bylaw is effective date of adoption.
READ A FIRST time this
1 day of
June, 2021
READ A SECOND time this
1 day of
June, 2021
READ A THIRD time this
1 day of
June, 2021
ADOPTED this
15 day of
June, 2021
John Vassilaki, Mayor
Angie Collison, Corporate Officer