560 Bylaw for the Administration and Enforcement of the Building Code
Port Alice, British Columbia
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## THE VILLAGE OF PORT ALICE BYLAW NO. 560
## A BYLAW FOR THE ADMINISTRATION AND ENFORCEMENT OF THE BUILDING CODE
WHEREAS the Community Charter authorizes the Village, for the health, safety and protection of persons and property to regulate the construction, alteration, repair, or demolition of buildings and structures by bylaw;
AND WHEREAS the Province of British Columbia has adopted a Building Code to govern standards in respect of the construction, alteration, repair and demolition of buildings in municipalities and regional districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the Building Code;
NOW THEREFORE THE COUNCIL OF the Village of Port Alice, in open meeting assembled, enacts as follows:
## 1. Title
This bylaw may be cited for all purposes as the "Building Bylaw No. 560, 2010".
## Definitions
In this bylaw:
The following words and terms have the meanings set out in Section 1.1.3.2 of the British Columbia Building Code 1998: assembly occupancy, building, building area, building height, business and personal services occupancy, care or detention occupancy, constructor, coordinating registered professional, designer, field review, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, mercantile occupancy, medium hazard industrial occupancy, occupancy, owner, plumbing system, registered professional, and residential occupancy.
Alteration means any repair, renovation or modification of any building or structure regulated under this bylaw.
Building Code means the British Columbia Building Code 1998 as adopted by the Minister pursuant to section 692 (1) of the Local Government Act, as amended or reenacted from time to time.
Building Official includes Building Inspectors, Plan Checkers and Plumbing Inspectors or such person as the Village may from time to time designate.
Village the Village of Port Alice.
Complex Building means:
- (a) all buildings used for major occupancies classified as
- assembly occupancies,
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- (ii) care or detention occupancies,
- (ili) high hazard industrial occupancies, and
- (b) all buildings exceeding 600 square meters in building area or exceeding three stories in building height used for major occupancies classified as
- (i) residential occupancies,
- (ii) business and personal services occupancies,
- (III) mercantile occupancies,
- (iV) medium and low hazard industrial occupancies.
Construction value means the per square metre value of construction for the relevant part and the relevant type of building as determined from time to time by the B.C. Assessment Authority, multiplied by the number of square metres proposed to be constructed
Health and safety aspects of the work means design and construction regulated by the Building Code.
Monitor or monitoring means to randomly check on or scrutinize field reviews or inspections by registered professionals.
Standard building means a building of three stories or less in building height, having a building area not exceeding 600 square meters and used for major occupancies classified as
- (a) residential occupancies,
- (b) business and personal services occupancies,
- (c) mercantile occupancies, or
- (d) medium and low hazard industrial occupancies.
Structure means a construction or portion thereof of any kind, whether fixed to, supported by or sunk into land or water, but specifically excludes landscaping, fences, paving and retaining structures less than 1.5 meters in height.
Wood Burning Appliance means a device designed for wood combustion so usable heat is derived for the interior of a building or structure and includes but is not limited to woodstoves, fireplaces, fireplace inserts and combination fuel furnaces.
## 3. Purpose of Bylaw
- (a) The bylaw, shall, notwithstanding any other provision herein, be interpreted in accordance with this section.
- b) This bylaw has been enacted for the purpose of regulating construction within the Village in the general public interest. The activities undertaken by or on behalf of the Village pursuant to this bylaw are for the sole purpose of providing a limited and interim monitoring function for reason of health, safety and the protection of persons and property. It is not contemplated nor intended, nor does the purpose of this bylaw extend:
- (i) to the protection of owners, owner/builders or constructors from economic loss;
- (ii) to the assumption by the Village or any Building Official of any responsibility for ensuring the compliance by any owner, his or her representatives or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this bylaw or other applicable enactments respecting safety;
- (ili) to providing any person a warranty of design or workmanship with respect to any building or structure for which a building permit, plumbing permit or occupancy permit is issued under this bylaw;
- (iv) to providing a warranty or assurance that construction undertaken pursuant to a building permit or a plumbing permit issued by the Village is free from latent, or any defects.
## 4. Permit Conditions
- (a) A permit is required whenever work regulated under this bylaw is to be undertaken.
- (b) Neither the issuance of a permit under this bylaw nor the acceptance or review of plans, drawings or supporting documents, nor any inspections made by or on behalf of the Village shall in any way relieve the owner or his or her representatives from full and sole responsibility to perform the work in strict accordance with this bylaw, the Building Code and or other applicable enactments respecting safety.
- (c) It shall be the full and sole responsibility of the owner (and where the owner is acting through a representative, the representative) to carry out the work in respect of which the permit was issued in compliance with the Building Code and this bylaw or other applicable enactments respecting safety.
- (d) Neither the issuance of a permit under this bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the Village constitute in any way a representation, warranty, assurance or statement that the Building Code, this bylaw or other applicable enactments respecting safety have been complied with.
- (e) No person shall rely upon any permit as establishing compliance with this bylaw or assume or conclude that this bylaw has been administered or enforced
according to its terms. The person to whom the building or plumbing permit is issued and his or her representatives are responsible for making such determination.
## Scope and Exemptions
- (a) This bylaw applies to the design, construction and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation and occupancy or change of occupancy of existing buildings and structures within the Village.
- (b) This bylaw does not apply to buildings or structures exempted by Part 1 of the Building Code except as expressly provided herein, nor to retaining structures less than 1.5 meters in height.
## 6. Prohibitions
- (a) No person shall commence or continue any construction, alteration, reconstruction, demolition, removal, relocation or change the occupancy of any building or structure, including excavation or other work related to construction unless a Building Official has issued a valid and subsisting permit for the work.
- (b) No person shall occupy or use any building or structure unless a valid and subsisting occupancy permit has been issued by a Building Official for the building or structure, or contrary to the terms of any permit issued or any notice given by a Building Official.
- (c) No person shall knowingly submit false or misleading information to a Building Official in relation to any permit application or construction undertaken pursuant to this bylaw.
- (a) No person shall, 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 upon or affixed to a building or structure pursuant to this bylaw.
- (e) No person shall do any work that is substantially at variance with the accepted design or plans of a building, structure or other works for which a permit has been issued, unless that variance has been accepted in writing by a Building Official.
- (f) No person shall obstruct the entry to a property by a Building Official or other authorized official of the Village acting in the conduct of administration and enforcement of this bylaw
## 7. Building Officials
- (a) Each Building Official may:
- administer this bylaw;
- ii) keep records of permit applications, permits, notices and orders issued, inspections and tests made, and shall retain copies of all documents related to the administration of this bylaw or electronic copies of such documents.; and
- iii) establish, if requested to do so, whether the methods or types of construction and types of materials used in the construction of a building or structure for which a permit is sought under this bylaw substantially conform to the requirements of the Building Code.
- (b) A Building Official:
- (i) may enter any land, building, structure, or premises at any reasonable time for the purpose of ascertaining that the terms of this bylaw are being observed;
- (ii) where any residence is occupied, shall obtain the consent of the occupant or provide written notice to the occupant 24 hours in advance of entry; and
- (iii) shall carry proper credentials confirming his or her status as a Building Official.
- (c) A Building Official may order the cessation, removal or correction of any work that is being or has been done in contravention of this bylaw.
- (d) A Building Official may revoke or refuse to issue a permit where the results of tests or materials, devices, construction methods, structural assemblies of foundation conditions are not satisfactory, in his/her opinion.
## 8. Applications
- (a) Every person shall apply for and obtain:
- a building permit before constructing, repairing, altering or changing the use of a building or structure;
- a moving permit before moving a building or structure;
- ili) a demolition permit before demolishing a building or structure;
- iV) a fireplace and chimney permit prior to the construction of a masonry fireplace or the installation of a wood burning appliance or chimney unless the works are encompassed by a valid building permit.
- v) A plumbing permit before installing, adding, or altering a plumbing system to a new or existing building or structure.
- (b) An application for a building permit shall be made in the form prescribed from time to time by the Village.
- (c) An application for a moving permit shall be made in the form prescribed from time to time by the Village.
- (d) An application for a demolition permit shall be made in the form prescribed from time to time by the Village.
- (e) An application for a fireplace and chimney permit shall be made in the form prescribed from time to time by the Village.
- (1) An application for a plumbing permit shall be made in the form prescribed from time to time by the Village.
2. (g) All plans submitted with permit applications shall bear the name and address of the designer of the building or structure.
3. (h) Each building or structure to be constructed on a site may, in the opinion of the Building Official, require a separate building permit and shall be assessed a separate building permit fee based on the value of that building or structure as determined in accordance with the applicable schedule of the Village of Port Alice Rates Bylaw.
## Applications for Complex Buildings
- (a) An application for a building permit with respect to a complex building shall:
- be made in the form prescribed from time to time by the Village, signed by the owner, or a signing officer if the owner is a corporation.
- il) include a copy of a title search made within 30 days of the date of the application;
- iii) include a site plan or at the discretion of the Building Official a site plan prepared by a British Columbia Land Surveyor showing:
- (A) the bearing and dimensions of the parcel taken from the registered subdivision plan;
- (B) the legal description and civic address of the parcel;
- (C) the location and dimensions of all statutory rights of way, easements and setback requirements;
- (D) the location and dimensions of all existing and proposed buildings or structures on the parcel;
- (E) setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Village's land use regulations establish siting requirements related to flooding;
- (F) the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a building or structure where the Village's land use regulations establish siting requirements related to minimum floor elevation; and
- (G) the location, dimension and gradient of parking and driveway access;
- iv) include floor plans showing the dimensions and uses of all areas: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures; structural elements; and stair dimensions.
| | V) | show a cross-section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; |
|-------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| | vi) | show elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; |
| | vii) | show 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; |
| | viii) | include copies of approvals, permits or documents filed under any enactment relating to health or safety, including, without limitation, highway access permits and the filing number provided by the heath authority as a result of compliance with Section 8 of the Sewerage System Regulation. |
| | vili) | Include a letter of assurance in the form of Schedule A as referred to in section 2.6 of Part 2 of the Building Code, signed by the owner, or a signing officer of the owner if the owner is a corporation, and the coordinating registered professional. |
| | ix) | Include letters of assurance in the form of Schedules B-1 and B-2 as referred to in section 2.6 of Part 2 of the Building Code, each signed by such registered professionals as the Building Official or Building Code may require to prepare the design for and conduct field reviews of the construction of the building or structure; |
| | x) | Include two sets of drawings at a suitable scale of the design prepared by each registered professional and including the information set out in sections 9(a)(iv) through to and including 9(a) (vii) of this bylaw. |
| (b) | The Building Official may waive the requirements for a site plan, in whole or in part, where the permit is sought for the repair or alteration of an existing building or structure. | The Building Official may waive the requirements for a site plan, in whole or in part, where the permit is sought for the repair or alteration of an existing building or structure. |
| (c) | In addition to the requirements of section 9(a), the following may be required by a Building Official to be submitted with a building permit application for the construction of a complex building where the complexity of the proposed building | In addition to the requirements of section 9(a), the following may be required by a Building Official to be submitted with a building permit application for the construction of a complex building where the complexity of the proposed building |
| | 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 Village's subdivision servicing bylaw; |
| | | a section through the site showing grades, buildings, structures, parking areas and driveways; |
| | ili) | 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. |
| Applications for Standard Buildings | Applications for Standard Buildings | Applications for Standard Buildings |
- (a) An application for a building permit with respect to a standard building shall:
- be made in the form prescribed from time to time by the Village, signed by the owner, or a signing officer if the owner is a corporation;
- include a copy of a title search made within 30 days of the date of the application;
- ill) Include a site plan or at the discretion of the Building Official a site plan prepared by a British Columbia Land Surveyor showing:
- (A) the bearing and dimensions of the parcel taken from the registered subdivision plan;
- (B) the legal description and civic address of the parcel;
- (C) the location and dimensions of all statutory rights of way, easements and setback requirements;
- (D) the location and dimensions of all existing and proposed buildings or structures on the parcel;
- (E) setbacks to the natural boundary of any lake, swamp, pond or watercourse where the Village's land use regulations establish siting requirements related to flooding;
- iv) a foundation plan showing all required bearing locations of the structure being transferred to the foundation;
- V) floor plans showing the dimensions and uses of all areas: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures; structural elements; and stair dimensions;
- vi) a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems;
- vii) elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade;
- vili) 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;
- ix) copies of approvals, permits or documents filed under any enactment relating to health or safety, including, without limitation, highway access permits and the filing number provided by the heath authority as a result of compliance with section 8 of the Sewerage System Regulation.
- two sets of drawings at a suitable scale of the design including the information set out in sections 10(a)(iv) through to and including 10(a)(viii) of this bylaw.
- (b) The Building Official may waive the requirements for a site plan, in whole or in part, where the permit is sought for the repair or alteration of an existing building or structure.
- (C) In addition to the requirements of section 10(a), the following may be required by a Building Official to be submitted with a building or plumbing permit application where the complexity of the proposed building or structure or siting circumstances warrant:
- 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 Village's subdivision servicing bylaw.
- її) a section through the site showing grades, buildings, structures, parking areas and driveways;
- iii) a roof plan and roof height calculations;
- iV) architectural, structural, mechanical, plumbing, fire suppression, electrical, geotechnical drawings prepared and sealed by a registered professional;
- letters of assurance in the form of Schedules B-1 and B-2 as referred to in section 2.6 of Part 2 of the Building Code, signed by the registered professional;
- vi) any other information required by the Building Official or the Building Code to establish substantial compliance with this bylaw, the Building Code and other bylaws and enactments relating to the building or structure.
## 11. Professional Plan Certification
- (a) The letters of assurance in the form of Schedules I of the Village of Port Alice Rates Bylaw, B-1, B-2, C-A and C-B referred in section 2.6 of Part 2 of the Building Code and provided pursuant to sections 9(a)(x), 10(b)(v), 17(a) and 17(b) of this bylaw are relied upon by the Village and its Building Officials as certification that the design and plans to which the letters of assurance relate comply with the Building Code and other applicable enactments relating to safety.
- (b) When a building permit is issued and includes letters of assurance in accordance with sections 9(a)(x), 17(a) and 17(b) of this bylaw the permit fee shall be reduced by 10% of the fees payable pursuant to the applicable schedule of the Village of Port Alice Rates Bylaw.
## 12. Fees and Charges
- (a) In addition to applicable fees and charges required under other bylaws, a permit fee, calculated in accordance with the applicable schedule of the Village of Port Alice Rates Bylaw, shall be paid in full prior to the issuance of any permit under this bylaw.
## (b) Cancellation of application
- i) An application shall be cancelled if the building permit has not been issued and the permit fee paid within 180 days of the date of the permit application.
- ii) When an application is cancelled the plans and related documents submitted with the application may be destroyed.
- (c) The owner may obtain a refund of the permit fees set out in the applicable schedule of the Village of Port Alice Rates Bylaw when a permit is surrendered and cancelled before any construction begins.
- (a) No refund shall be made where construction has begun or an inspection has been made.
- (e) Where, due to non-compliance with this bylaw, more than two inspections are necessary when one inspection is normally required, for each inspection after the second inspection, a re-inspection charge as set out in the applicable schedule of the Village of Port Alice Rates Bylaw shall be paid prior to additional inspections being performed.
- (f) For a required permit inspection requested to be done after the hours during which the offices of Village are normally open, an inspection charge shall be payable based on the time actually spent in making such inspection, including travel time, as set out in the applicable schedule of the Village of Port Alice Rates Bylaw.
## 13. Damage Deposits
Where delivery and construction vehicles will cross Village curbs, sidewalks and property, the applicant must deposit with the Village a damage deposit, acceptable to the Village, as set out in Schedule "A", attached hereto, to guarantee payment to the Village for all damage to municipal streets, works or property occasioned in any way including the removal of all debris from municipal streets, provided that notwithstanding the foregoing, the applicant shall be liable for the full amount of all damage herein described.
## 14. Moving Buildings
- (a) A building may be moved into the Village provided:
- i) the building, when established on its new site shall have a floor area no greater than 372 square metres and shall have a value, in the opinion of the Building Official of not less than Five Hundred and Ninety-two Dollars ($592.00) per square metre excluding the land on which it stands; and
- the building, and the usage of the building, after being moved, shall conform in all respects with the requirements of this bylaw and all other applicable bylaws of the Village.
- (b) A building situated within the Village may be moved within the Village provided that the building, when established on its new site, shall have a floor area no greater than 372 square metres and shall have a value, in the opinion of the Building Official of not less than Five Hundred and Ninety-two Dollars ($592.00) per square metre excluding the land on which it stands.
- (C) Buildings which do not conform to the standards set in this bylaw may be moved if the owner:
- i) first submits plans, acceptable to the Building Official showing the architectural and/or structural changes required in order to make the building conform to the standards set in this bylaw;
2. ії) provides a performance bond acceptable and payable to the Village, in an amount equal to double the estimated cost of the architectural and structural changes required to make the building conform to the standards set in this bylaw. The said performance bond shall be forfeited to the Village if the applicant fails or refuses to carry out the work required to the premises and to remove the building from the lot to which it has been moved, pursuant to the permission hereinbefore referred to.
- d) Should the owner or his agent fail to comply with the order of the Building Official, the Village Council may, by resolution, order the demolition of such building at the expense of the owner thereof, and the cost of demolition may be recoverable by the Village as per provisions of Section 258 of the Community Charter.
4. No industrial or commercial building shall be moved into a Residential Zone and similarly no dwelling shall be moved into an area not zoned Residential.
## 15. Permits
- A building, moving, demolition, fireplace and chimney permit shall be in the form prescribed from time to time by the Village.
- (b) A plumbing permit shall be in the form prescribed from time to time by the Village.
- (C) When:
- a completed application including all required supporting documentation has been submitted;
- the proposed work set out in the application substantially conforms with the Building Code, this bylaw and all other applicable bylaws and enactments;
- iii) the owner or his or her representative has paid all applicable fees set out in section 12(a) of this bylaw;
- iv) the owner or his or her representative has paid all charges and met all requirements imposed by any other enactment or bylaw;
- no enactment, covenant, agreement, or regulation in favour or, or regulation of, Village authorizes the permit to be withheld;
- vi) the owner has retained a professional engineer or geoscientist if required by the Village or the provisions of the Engineers and Geoscientists Act;
- vii) the owner has retained an architect if required by the Village or the provisions of the Architects Act;
- a Building Official shall issue the permit for which the application is made.
- (a) When the application is in respect of a building that includes, or will include, a residential occupancy, the building permit must not be issued unless the owner provides evidence pursuant to section 30 (1) of the Homeowner Protection Act that the proposed building:
- il) is covered by home warranty insurance, and
- ill) the constructor is a licensed residential builder.
- (e) Section 15(b) of this bylaw does not apply if the owner is not required to be licensed and to obtain home warranty insurance in accordance with sections 20 (1) or 30 (1) of the Homeowner Protection Act.
- Every permit is issued upon the condition that the permit shall expire and the rights of the owner under the permit shall terminate if:
- the work is not started within six months from the date of issuing the permit;
- il) the work is substantially discontinued or suspended for a period of more than six months;
- ili) the permit shall lapse in the event that either condition above is not met;
- iv) an additional fee shall be paid if the permit is renewed as specified in the applicable schedule of the Village of Port Alice Rates Bylaw.
- (g) A Building Official may extend the period of time set out under sections 15(d)(i) and 15(d)(ii) where construction has not been commenced or where construction has been discontinued due to adverse weather, strikes, material or labour shortages, or similar hardship beyond the owner's control.
- (h) A Building Official may issue a building permit for a portion of a building or structure before the design, plans and specifications for the entire building or structure have been accepted, provided sufficient information has been provided to the Village to demonstrate to the Building Official that the portion authorized to be constructed substantially complies with this and other applicable bylaws and the permit fee applicable to that portion of the building or structure has been paid. The issuance of the permit notwithstanding, the requirements of this bylaw apply to the remainder of the building or structure as if the permit for the portion of the building or structure had not been issued.
- (i) When a site has been excavated and a subsisting building permit has expired in accordance with the requirements of section 15(d), but without the construction of the bullding or structure for which the building permit was issued having commenced, the owner shall fill in the excavation to restore the original gradients of the site within 60 days of being served notice by the Village to do so.
16. Disclaimer of Warranty or Representation Neither the issuance of a permit under this bylaw, the review and acceptance of the design, drawings, plans or specifications, nor inspections made by a Building Official, shall constitute a representation or warranty that the Building Code or the bylaw have been complied with or the building or structure meets any standard of materials or workmanship, and no person shall rely on any of those acts as establishing compliance with the Building Code or this bylaw or any standard of construction.
## 17. Professional Design and Field Review
- (a) When a Building Official considers that the site conditions, size or complexity of a development or an aspect of a development warrant, he or she may require a registered protessional provide design and plan certification and field review by means of letters of assurance in the form of Schedules B-1, B-2 and C-B referred to in section 2.6 of Part 2 of the Building Code.
- (b) Prior to the issuance of an occupancy permit for a complex building, or standard building in circumstances where letters of assurance have been required in accordance with sections 10(b)(v) or 17(a) of this bylaw, the owner shall provide the Village with letters of assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in section 2.6 of Part 2 of the Building Code.
## 18. Responsibilities of the Owner
- (a) Every owner shall ensure that all construction complies with the Building Code, this bylaw and other applicable enactments respecting safety.
- (b) Every owner to whom a permit is issued shall be responsible for the cost of repair of any damage to municipal works that occurs in the course of the work authorized by the permit.
- (0) Every owner to whom a permit is issued shall, during construction:
- i) post and maintain the permit in a conspicuous place on the property in respect of which the permit was issued;
- ii) keep a copy of the accepted designs, plans and specifications on the property; and
- ili) post the civic address on the property in a location visible from any adjoining streets.
## 19. Inspections
- (a) When a registered professional provides letters of assurance in accordance with sections 9(a)(x), 10(b)(v), 17(a) or 17(b) of this bylaw, the Village will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to section 17(b) of this bylaw as assurance that the construction substantially conforms to the design and that the construction substantially complies with the Building Code, this bylaw and other applicable enactments respecting safety.
- (b) Notwithstanding section 19(a) of this bylaw, a Building Official may attend the site from time to time during the course of construction to ascertain that the field reviews are taking place and to monitor the field reviews undertaken by the registered professionals.
- (C) A Building Official may attend periodically at the site of the construction of standard buildings or structures to ascertain whether the health and safety aspects of the work are being carried out in substantial conformance with the
those portions of the Building Code, this bylaw and any other applicable enactment concerning safety.
- (d) For standard buildings, the owner or his or her representative shall contact the Village Office one week prior to the anticipated building inspection to ensure that the building inspector is scheduled to visit Port Alice. The owner or his or her representative shall obtain an inspection and receive a Building Official's acceptance of the following aspects of the work prior to concealing it:
- After the water, sanitary and storm sewer is connected at the street and under test but prior to covering;
- After the forms for footings and foundations are complete, but prior to placing of any concrete therein;
- iii) After removal of form work from a concrete foundation, and after having submitted a survey certificate from a registered B.C. Land Surveyor, and installation of perimeter drain tiles and dampproofing, prior to backfilling;
- iv) After rough-in plumbing is completed and under test but prior to covering;
- v) After rough in of factory built chimneys and fireplaces and wood burning appliances;
- vi) After framing and sheathing of the building are complete, including firestopping, chimney, duct work, plumbing, gas venting, wiring, but before any insulation, or other interior or exterior finish is applied which would conceal such work;
- vii) After insulation and vapour barrier but before any interior finish is applied; and
- viii) when the building or structure is substantially complete and ready for occupancy, but before occupancy takes place of the whole or part of the building or structure.
- (e) No aspect of the work referred in section 19(d) of this bylaw shall be concealed until a Building Official has accepted it in writing.
- (f) The requirements of section 19(d) of this bylaw do not apply to any aspect of the work that is the subject of a registered professional's letter of assurance provided in accordance with sections 10(b)(v), 17(a) or 17(b) of this bylaw.
- (g) For complex buildings, the coordinating registered professional, or owner or his or her representative shall give at least one (1) working day's notice, and receive from the Village a monitoring confirmation number, prior to proceeding beyond the following stages of construction:
- 1) After the water, sanitary and storm sewer, including site servicing and street connections, are completed and under test but prior to covering;
- ii) After the forms for footings and foundations are complete, but prior to placing of any concrete therein;
- iii) After removal of form work from a concrete foundation, and after having submitted a survey certificate from a registered B.C. Land Surveyor, and installation of perimeter drain tiles and dampproofing, prior to backfilling;
- iv) After rough-in underslab plumbing is completed and under, test but prior to covering;
- v) After framing of the building are complete, including fire stopping, chimney, duct work, plumbing, gas venting, wiring, but before any insulation, or other interior or exterior finish is applied which would conceal such work;
- vi) After insulation and vapour barrier and fire stop systems but before any interior finish is applied; and
- vii) when the building or structure is substantially complete and ready for occupancy, but before occupancy takes place of the whole or part of the building or structure.
- (h) No aspect of the work referred in section 19(a) of this bylaw shall be concealed until approval has been granted by the applicable registered professional and the requirements of section 19(a) have been met.
## 20. Occupancy Permits
- (a) No person shall occupy a building or structure or part of a building or structure until an occupancy permit has been issued in the form prescribed from time to time by the Village.
- (b) An occupancy permit shall not been issued unless:
- i) all letters of assurance have been submitted when required in accordance with sections 9(a)(x), 10(b)(v), 17(a) and 17(b) of this bylaw.
- ii) all aspects of the work requiring inspection and acceptance pursuant to section 19(d) of this bylaw have both been inspected and accepted.
- iii) all aspects of the work requiring approval pursuant to section 19(g) of this bylaw has been provided.
- (c) A Building Official may issue an occupancy permit for part of a building or structure when the part of the building or structure is self-contained, provided with essential services and the requirements set out in section 20(b) of this bylaw have been met with respect to it.
## 21. Retaining Structures
A registered professional shall undertake the design and conduct field reviews of the construction of a retaining structure greater than 1.5 meters in height. Sealed copies of the design plan and field review reports prepared by the registered professional for all retaining structures greater than 1.5 meters in height shall be submitted to a Building Official prior to acceptance of the works.
## ·22. Fixtures
- (a) All toilets installed within the Village shall be of a design that uses no more than six (6) litres per flush, without the aid of any add-on or retrofit devices.
- (b) All shower heads installed in any building in the Village shall be of a design that limits the flow rate to ten (10) litres per minute or less.
- (c) All sink faucets installed in any residential use building in the Village shall be of a design that limits the flow rate to nine (9) litres per minute or less.
## 23. Climatic Data
Climatic data for the design of buildings in the Village shall be:
| Design Temperature: | Design Temperature: |
|-------------------------------------------------------------------|-------------------------------------------------------------------|
| January 2.5% Temperature ....................................5° C | January 2.5% Temperature ....................................5° C |
| | 131 mm |
| January 1% Temperature ..... | .-7°C |
| July 2.5% Drybulb Temperature... July 2.5% Wetbulb Temperature | 20° C .. 16° C |
| Precipitation: One Day Rainfall 15 Minute Rainfall 13 mm | 0.9 kPa |
| Hourly Wind Pressures: | |
| Ground Snow Load, Snow Component Ground Snow Load, Rain Component | 0.4 kPa |
| Probability 1/10 Probability 1/30 | 0.49 kPa 0.58 kPa |
| Seismic Data: | |
| Probability 1/100 | 0.66 kPa |
| Acceleration-Related Seismic Zone .. | Za=6 |
| Velocity-Related Seismic Zone... | |
| Zonal Velocity Ratio V=.40 | Zv=6 |
## 24. Schedules
Schedule "A" attached to this Bylaw forms a part of this bylaw.
## 25. Contraventions
- (a) 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.
## Stop Work Notice
- A Building Official may order the cessation of any work that is proceeding in contravention of the Building Code or this bylaw by posting a Stop Work notice in the form prescribed from time to time by the Village.
- The owner of property on which a Stop Work notice has been posted, and every other person, shall cease all construction work immediately and shall not do any work until all applicable provisions of this bylaw have been
substantially complied with and the Stop Work notice has been rescinded in writing by a Building Official.
- iii) Every person who commences work requiring a building permit without first obtaining such a permit shall, if a Stop Work notice is issued and remains outstanding for 30 days, pay an additional charge equal to 25% of the building permit fee prior to obtaining the required building permit.
## (c) Do Not Occupy Notice
- i) Where a person occupies a building or structure or part of a building or structure in contravention of section 6(b) of this bylaw, a Building Official may post a Do Not Occupy notice in the form prescribed from time to time by the Village on the affected part of the building or structure.
2. ії) The owner of property on which a Do Not Occupy notice has been posted, and every person, shall cease occupancy of the building or structure immediately and shall refrain from further occupancy until all applicable provisions of the Building Code, this bylaw, have been substantially complied with and the Do Not Occupy notice has been rescinded in writing by a Building Official.
## 26. Penalties
- (a) Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done in contravention of this bylaw or who neglects or refrains from doing anything required to be done by any of the provisions of this bylaw shall be deemed to be guilty of an infraction hereof and shall be liable to the penalties imposed. Every continuing infraction shall be deemed to be a new and separate offence for each day during which the same shall continue.
- (b) Any person found guilty of an infraction of any of the provisions of this bylaw shall, upon summary conviction, be liable to a minimum fine of One Hundred Dollars ($100), which shall be recoverable and enforceable upon summary conviction in the manner provided by the Offence Act.
## 27. Severability
If a court of competent jurisdiction declares any portion of this bylaw invalid, then the invalid portion must be severed and the remainder of the bylaw is deemed valid.
## - 28. Repeal
Village of Port Alice Building Bylaw No. 410, 1997 and all amendments is hereby repealed.
READ A FIRST TIME THE 24™H DAY OF FEBRUARY, 2010. READ A SECOND TIME THE 10™H DAY OF MARCH, 2010. READ A THIRD TIME THE 10T" DAY OF MARCH, 2010. ADOPTED THE 24™H DAY OF MARCH, 2010.
Original signed by:
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inl
CHIEF ADMINISTRATIVE OFFICER
MAYOR
An heely
Certified a true copy of Bylaw No. 561, 2010 as adopted,
Yal lend
CHIEF ADMINISTRATIVE OFFICER
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## Damage Deposit
- The refundable damage deposit is based on the construction value as follows:
- b) The deposit shall be refunded in whole or in part if it has not been used by the Village under Section 13 after:
- (i) occupancy permit has been issued; and
- (ii) municipal streets, work and property have been inspected and are in satisfactory condition as determined by the Building Official.
| Construction Value ($) | Deposit ($) |
|--------------------------|---------------|
| 0 - 30,000 | 200.00 |
| 30,0001 - 80,000 | 500.00 |
| 80,001 - 200,000 | 700.00 |
| 200,001 - 2,000,000 | 1,000.00 |
| 2,000,001 and over | 1,500.00 |
## SCHEDULE "A"
## SCHEDULE "A"
- A. 1 Wherever in this bylaw trees may be cut or removed the following regulations apply:
2. (a) all works are to be carried out in strict accordance with the Workers Compensation Board Regulations.
3. (b) all works pertaining to removal and felling shall only be performed under the guidance of an arborist or forester.
4. (c) If, in the opinion of the Director of Operations, the works will encroach on public properties the owner/applicant will be required to:
5. (i) show proof of liability insurance in the amount of $2,000,000.00 with the Village of Port Alice named as an additional insured;
6. (ii) notify the Municipality a minimum of 48 hours in advance of the intention to carry out the works;
7. (i) provide a plan showing the intended method of safeguarding the users of the public owned property during the works that is acceptable to the Director of Operations;
8. (iV) provide a refundable bond in the amount of $500.00, acceptable to the Chief Administrative Officer, to cover damages incurred to the public owned lands;
9. (V) remove any and all debris associated with the works on the same day as the works are carried out to the satisfaction of the Director of Operations.
Schedule "A" attached to and forming part of Bylaw No. 561
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Sail
Smil
Corporate Officer
## 1061 Marine Drive
PO Box 130 Port Alice, BC VON2NO
Phone: 250-284-3391
Fax: 250-284-3416
Email: [email protected]
Email: [email protected]
## VILLAGE OF PORT ALICE
APPLICATION FOR BUILDING OR PLUMBING PERMIT TO ERECT, ALTER, ADD, MOVE DEMOLISH A BUILDING OR INSTALL A WOOD BURNING APPLIANCE
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Date of
Application:
1. Registered Owner(s)
Roll/Folio No.
2. Legal Description Lot
3. Civic Address
Mailing Address (Owners)
Block
\_ Plan
\_Zoning
Telephone numbers Home
Work
Cell
4. Other Applicant: Contractor or Agent (Name).
Mailing Address
Telephone numbers Home
Is Contractor a Certified Tradesman? Yes No If No Provide detailed schematic.
Work
Cell
5. Designer/Architect
6. Use of Building .
7. Class of Work
New
Number of Dwelling Units Created
8. Describe Work
- [ ] Addition
Building Area
- [ ] Alteration
Telephone number
Number of Stories
- [ ] Move
- [ ] Demolish
9. Actual Building Setbacks: Front
Actual Coverage Ratio %
Left Side
Parking spaces required
10. Mobile Home Certification No. CSA.Z240
11. Is there a Building Scheme registered on the property? \_
12. Value of Construction $
13. Water Meter: New installation
- [ ] Yes
- [ ] No
Right Side
\_Rear
- [ ] \_ Yes
- [ ] \_ No
14. Water Connection: Beyond 20 metres distance from property line
Standard 18mm (3/4") and within 20 metres distance from property line \_
- [ ] No
Above Standard of 18mm (3/4") \_ Yes \_No
15. Sewer Connection: \_
Standard and within 20 metres distance from property line
Above Standard of 100 mm (34") or more than 20 metres distance from property line
16. /we, the undersigned, being the owners) of the property described, apply for a permit to do the work detailed in this application.
In consideration for this permit, I/we agree for myself/ourselves and my/our assigns to indemnify and keep harmless the Village of Port Alice and its officers against and from all claims, liabilities, judgements, costs
and expenses which may accrue from granting this permit, or which may be brought or made against the Village of Port Alice, or its officers, in respect of any matter arising out of the works contemplated herein. This permit and/or the approval of plans or specifications supporting the application does not:
- a) Relieve the applicant, owner or occupant from conforming to all acts, bylaws and regulations;
- b) Relieve the owner's responsibility to search the title and check for restrictions against the property; and
- c) Make the municipality responsible for providing roads, lanes, water or any service for the property concerned, or impose upon the municipality or its employees any obligation to inspect or approve any construction carried on under this permit.
17. I confirm that I have relied only on the authorized person who filed documents pursuant to Section 8 of the Sewerage System Regulation for assurances regarding the adequacy of the sewerage system.
I understand, agree and will abide with the attached instructions regarding building permit applications and inspections.
Print Name
Signature of Owners )or Agent
Date
18. All contractors and sub-contractors require business licenses to operate within the Town limits.
## OFFICE USE ONLY:
| Maximum Height: | Maximum Height: |
|------------------------------|------------------------------|
| Minimum Requirement Setbacks | Minimum Requirement Setbacks |
| Front: | Rear: |
| Left Side: | Right Side: |
| Maximum ratio permitted: | % |
| Class of Building (BCBC): | Class of Building (BCBC): |
| WATER & SEWER CONNECTIONS | WATER & SEWER CONNECTIONS | WATER & SEWER CONNECTIONS | WATER & SEWER CONNECTIONS |
|---------------------------------|-----------------------------|-----------------------------|-----------------------------|
| Water Pipe Size | | | |
| Sewer Pipe Size | | | |
| | Yes | No | Cost |
| Installation of New Water Meter | | | |
| Standard Water Connection | | | |
| Non Standard Water Connection | | | |
| Sewer Connection | | | |
| Non Standard Sewer Connection | | | |
| SPECIAL APPROVALS | REQD | NOT REQD | FILE # |
|------------------------------------|------------------------------------|------------------------------------|------------------------------------|
| Development Permit | | | |
| Highways Dept | | | |
| Site Profile | | | |
| Variances | | | |
| Business License | | | |
| Damage Deposit | | | |
| HPO Registration No | | | |
| Application Approved by:_ - Title: | Application Approved by:_ - Title: | Application Approved by:_ - Title: | Application Approved by:_ - Title: |