Port Edward, British Columbia
· No. 716
· adopted 2021-04-13
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 76bf0e11f50e · verified 2026-09-24 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
DISTRICT OF PORT EDWARD
Building Bylaw No. 716
Table of Contents
1
Citation
2
Repeal
3
Definitions
4
Purpose of Bylaw
5
Permit Conditions
6
Scope and Exemptions
7
Prohibitions
8
Administration of this Bylaw
9
Permit Applications & Conditions
10
Applications for Complex Buildings
11
Applications for Standard Buildings
12
Revocation of Permits
13
Professional Plan Certification
14
Fees and Charges
15
Building permits
16
Disclaimer or Warranty or Representation
17
Professional Design and Field Review
18
Responsibilities of the Owner
19
Inspections
20
Occupancy Permits
21
General Duties of the Owner Before Construction
22
Temporary Occupancy of Highways
23
Fences and Walkways
24
Climatic and Seismic Data
25
Essential Services
26
Fireplace and Chimney Regulations
27
Building Moves
28
Pools
29
Retaining Walls
30
Temporary Buildings
31
Penalties and Enforcement
32
Severability
33
Forms and Schedules
Schedule A
2
A BYLAW FOR THE ADMINISTRATION OF THE BUILDING CODE
WHEREAS Division 8 of the Community Charter, SBC 2003, Chapter 26, authorizes the
District of Port Edward, by bylaw to regulate, prohibit and impose requirements in relation to
buildings and structures;
AND WHEREAS the Province of British Columbia has adopted a Building Code under the
Building Act, SBC 2015, Chapter 2, 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 District of Port Edward, in open meeting assembled
enacts as follows:
1.
CITATION
This bylaw may be cited for all purposes as the "District of Port Edward Building Bylaw
No. 716
2.
REPEALS
District of Port Edward Building Bylaw # 477, 2006 is hereby repealed.
3.
DEFINITIONS
In this Bylaw, the following words and terms have the meanings set out in the Building Code:
assembly occupancy, building, building area, building height, business and personal services
occupancy, care or detention occupancy, constructor, coordinating registered professional,
designer, field review, high hazard industrial occupancy, industrial occupancy, low-hazard
industrial occupancy, major occupancy, medium-hazard industrial occupancy, mercantile
occupancy, occupancy, owner, registered professional, and residential occupancy.
"Agent" includes a person representing the owner by designation or contract and includes a
hired tradesman and contractor who may be granted permits for work within the limitations of
his licence.
"Authority" having jurisdiction means the governmental body responsible for the enforcement
of any part of any governmental regulation, code or standard, or the official or agency designated
by that body to exercise such a function.
3
"Building Code" means the current British Columbia Building Code as adopted by the Minister
pursuant to the Building Act, as amended or re-enacted from time to time.
"Building Official" includes Building Inspectors, Plan Checkers and Plumbing Inspectors
designated by or retained under contract with the District of Port Edward, who are certified in
accordance with the Building Act.
"Building Permit" means a permit issued by the Municipality for construction, required or
issued pursuant to this bylaw.
Complex (Part 3) Building means:
(a) all buildings used for major occupancies classified as
(i) assembly occupancies,
(ii) care or detention occupancies,
(iii) high hazard industrial occupancies, and
(b) all buildings exceeding 600 square meters in building area or exceeding three storeys
in building height, used for major occupancies classified as
(i) residential occupancy,
(ii) business and personal services occupancy,
(iii) mercantile occupancy,
(iv) high hazard industrial occupancy
"Construct" includes to reconstruct, erect, install, repair, alter, demolish, and move.
"Construction" means the erection, alteration, addition, demolition, repair, reconstruction,
removal or relocation of a building or structure, and includes the installation of a plumbing
system, and includes all labour including that provided by the owner or donated voluntarily by
others, site development, excavation related to the building, roofing, electrical, plumbing, drains,
heating, air conditioning, interior finishes, fire extinguishing systems, elevators, services
provided by registered professionals and everything attached thereto as to constitute real
property.
4
"Council "means the Council of the District of Port Edward.
"Fee" means the fee prescribed in Schedule "A" attached to and forming part of this bylaw.
"Highway" means a road right of way, and includes municipal lanes, boulevards, streets and
highways.
"Lane" means a public secondary access to the side or rear of a parcel.
"Municipality" means the District of Port Edward and it's employees, including any Building
Official, designated by Council, to administer this bylaw and or the British Columbia Building
Code, including regulations and standards in effect pursuant to the British Columbia Building
Code.
"Occupancy Permit" means a permit issued by the Municipality authorizing occupancy of a
building or structure.
"Owner" means the owner of an estate in fee simple, the tenant for life under a registered life
estate, the last registered holder of the last registered agreement for sale, the holder or occupier
of land held in the manner referred to in Section 228 or 229 of the Community Charter; and an
authorized agent for the owner.
"Permit" means a permit required or used pursuant to this bylaw and includes a building permit,
a demolition permit, a plumbing permit, a building moving permit, a chimney permit, a fireplace
permit, or a solid fuel burner permit.
"Pool" means a manmade water receptacle used for swimming or as a plunge or other bath, for
decorative or landscaping purposes, but does not include irrigation or natural ponds not filled
from domestic water sources.
"Remote Video Inspections" means a process in which the Building Official is not at the
construction site, and the inspection is done remotely with the use of video and audio equipment
technology.
"Standard (Part 9) building" means a building of three storeys or less in building height,
having a building area not exceeding 600 square meters and used for major occupancies
classified as
(a) residential occupancy,
(b) business and personal services occupancy,
5
(c) mercantile occupancy; or
(d) medium and low hazard industrial occupancy.
"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 or equal to 1.2 meters in height.
"Value" means the estimated value of the work proposed to be undertaken, including materials
and labour costs at market rates as determined or accepted by the Municipality.
"Zoning Bylaw" means the Zoning Bylaw of the District of Port Edward.
4. Purpose of Bylaw
4.1 This bylaw, shall, notwithstanding any other provision herein, be interpreted in accordance
with this section.
4.2 This bylaw has been enacted for the purpose of regulating construction within the District
of Port Edward in the general public interest. The activities undertaken by or on behalf of the
District of Port Edward pursuant to this bylaw are for the sole purpose of providing a limited
and interim spot checking function for reason of health, safety and the protection of persons and
property. It is not contemplated nor intended, nor does the purpose of this bylaw extend:
4.2.1 to the protection of owners, owner/builders or constructors from economic loss;
4.2.2 to the assumption by the Municipality or any building official of any
responsibility for ensuring the compliance, by any owner, his agents or any employees,
constructors or designers retained by him, with the Building Code, the requirements of
this bylaw or other applicable enactments respecting safety;
4.2.3 to 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; or
4.2.4 to providing a warranty or assurance that construction undertaken pursuant to
building permits issued by the Municipality is free from latent, or any defects.
5. Permit Conditions
5.1 A permit is required whenever construction regulated under this bylaw is to be undertaken.
6
5.2 Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings or supporting documents, nor any inspections made by or on behalf of the
Municipality shall in any way relieve the owner or his agents from full and sole responsibility
to perform the work in strict accordance with this bylaw, the Building Code or other applicable
enactments.
5.3 It shall be the full and sole responsibility of the owner, and where the owner is acting
through an agent, the agent, 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.
5.4 Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings or specifications or supporting documents, nor any inspections made by or on behalf of
the Municipality constitute in any way a representation, warranty, assurance or statement that
the Building Code, this bylaw or other applicable enactments have been complied with.
5.5 No person shall rely upon any permit as establishing compliance with this bylaw or assume
or conclude that this bylaw has been administered or enforced according to its terms. The person
to whom the building permit is issued and his agents are responsible for making such
determination.
6. Scope and Exemptions
6.1 This bylaw applies to the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, removal, relocation and occupancy of
existing buildings and structures.
6.2 This bylaw does not apply to buildings or structures exempted by Division A Section 1.1 of
the Building Code except as expressly provided herein, nor to retaining structures less than 1.2
meters in height.
7. Prohibitions
7.1 No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the occupancy classification of any building or
structure, including excavation or other work related to construction unless they have a valid
and subsisting permit for the work as issued by the Municipality.
7.2 No person shall occupy or use any building or structure unless a valid and subsisting
occupancy permit has been issued by the Municipality, for the building or structure, nor shall
the building or structure be occupied contrary to the terms of any permit issued or any notice
given by the Municipality.
7
7.3 No person shall occupy or use a building following a change in occupancy classification of
the building or part thereof without first obtaining an occupancy permit from the Municipality.
7.4 No person shall continue to do any work upon a building or structure or any portion of it
after the Municipality has ordered cessation of work on it or has ordered the suspension of any
portion of construction of it.
7.5 No person shall do any work or carry out any construction contrary to a provision or
requirement of this bylaw or the Building Code.
7.6 No person shall knowingly submit false or misleading information to the Municipality, in
relation to any permit application or construction undertaken pursuant to this bylaw.
7.7 No person shall, unless authorized in writing by the Municipality, 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.
7.8 No person shall do any work that is substantially at variance with the accepted design or
plans for a building, structure or other works for which a permit has been issued, unless that
variance has been accepted in writing by the Municipality.
7.9 No person shall obstruct, prevent or restrict the entry of the Municipality, onto property
while engaged in the administration of this bylaw.
8. Administration of this Bylaw
8.1 Persons appointed by Council including Building Officials, may:
8.1.1 administer this bylaw; and
8.1.2 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.
8.2 Persons appointed by Council:
8.2.1 may enter any land, building, structure, or premises at any reasonable time for the
purpose of ascertaining that the terms of this bylaw are being observed;
8.2.2 where any residence is occupied, shall obtain the consent of the occupant or
provide written notice to the occupant 24 hours in advance of entry; and
8
8.2.3 shall carry proper credentials confirming their status as a building official or
designated employee; and
8.2.4 may order the correction of any work that is being or has been done in
contravention of this bylaw; and
8.2.5 may order the correction of any work which they consider is being or has been
improperly done under any permit.
8.3 Building Officials - Building Decisions
8.3.1 In this section, and pursuant to the Building Act of the Province of British
Columbia, "exempt building professional" means
8.3.1.1 a member of a prescribed professional association, or
8.3.1.2 a person in a prescribed class of persons.
8.3.2. Pursuant to the Building Act, the Council must not allow or require a person to
decide on behalf of the District of Port Edward whether a matter conforms to a building
regulation, unless
8.3.2.1 the person is a qualified building official and the matter is within the
person's current scope of practice as listed in the register, or
8.3.2.2 the person is an exempt building professional.
8.3.3. A person must not decide on behalf of the District of Port Edward whether a
matter conforms to a building regulation, unless
8.3.3.1 the person is a qualified building official and the matter is within the
person's current scope of practice as listed in the register, or
8.3.3.2 the person is an exempt building professional.
9. Permit Applications & Conditions
9.1 Every person shall apply for and obtain:
9.1.1 a building permit before constructing, repairing or altering a building or structure;
9.1.2 a moving permit before moving a building or structure;
9
9.1.3 a demolition permit before demolishing a building or structure;
9.1.4 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.
9.2 Prior to commencing any plumbing work, a person must obtain a plumbing permit and:
8.2.1 (if not already done) arrange for connection to District water, sanitary
sewer and storm sewer services, where services are available;
8.2.2 arrange the plumbing to suit the location of the connection provided for the lot
by the District; and
8.2.3 where District sanitary sewer connection is not available to the property, install a
sewage disposal system approved under the Health Act Regulations.
9.3 All plans submitted with permit applications shall bear the name and address of the designer
of the building or structure.
9.4 Each building or structure to be constructed on a site requires a separate building permit
and shall be assessed a separate building permit fee based on the value of that building or
structure, as determined in accordance with Schedule A attached to and forming part of this
bylaw.
10. Applications for Complex Buildings
10.1 An application for a building permit with respect to a complex building shall;
10.1.1 be signed by the owner, or a signing officer if the owner is a corporation, and the
coordinating registered professional;
10.1.2 be accompanied by the owner's acknowledgement of responsibility and
undertakings, signed by the owner, or a signing officer if the owner is a corporation;
10.1.3 include a copy of a title search made within 30 days of the date of the application;
10
10.1.4 unless waived by the Municipality in whole or in part where the permit is sought
for the repair or alteration of an existing building or structure, a site plan prepared by a
British Columbia Land Surveyor showing:
10.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
10.1.4.2 the legal description and civic address of the parcel;
10.1.4.3 the location and dimensions of all statutory rights of way, easements and
setback requirements;
10.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
10.1.4.5 setbacks to, and elevation above, the natural boundary of any lake,
swamp, pond or watercourse where the District of Port Edward's land use
regulations establish siting requirements related to flooding;
10.1.4.6 the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the floor system
of a building or structure where the District of Port Edward's land use
regulations establish siting requirements related to minimum floor elevation; and
10.1.4.7 the location, dimension and gradient of parking and driveway access.
10.1.5 include floor plans showing the dimensions and uses of all areas including the
location, size and swing of doors, the location, size and opening of windows, the floor,
wall, and ceiling finishes, the plumbing fixtures, structural elements, and stair
dimensions;
10.1.6 include cross sections through the building or structure illustrating all foundations,
drainage, ceiling, attic and crawl space heights and construction systems;
10.1.7 include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, and finished grade;
11
10.1.8 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;
10.1.9 include copies of approvals required under any enactment relating to health or
safety, including, without limitation, highway access permits and Ministry of Health
approval;
10.1.10 include, if applicable, a copy of the permit issued by a Provincial Environmental
Health Officer for a private sewage disposal system designed for and suitable for the
proposed building or structure to be constructed on the property, accompanied by a copy
of the approved plans for the sewage disposal system which shall include a site plan
showing the location on the property;
10.1.11 include a letter of assurance in the form of Schedule A, as referred to in Division
C 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;
10.1.12 include letters of assurance in the form of Schedule B as referred to in Division
C Part 2 of the Building Code, each signed by such registered professionals as the
Municipality or Building Code may require, to prepare the design for and conduct field
reviews of the construction of the building or structure; and
10.1.13 include three complete sets of drawings, at a suitable scale, of the design
prepared by each registered professional.
10.2 In addition to the requirements of section 10.1, the following may be required by the
Municipality, to be submitted with a building permit application for the construction of a
complex building where the complexity of the proposed building or structure or siting
circumstances warrant:
10.2.1 site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional, in
accordance with the Municipality's subdivision servicing bylaw;
12
10.2.2 a section through the site showing grades, buildings, structures, parking areas and
driveways; and
10.2.3 any other information required by the Municipality to establish substantial
compliance with this bylaw, the Building Code and other bylaws and enactments relating
to the building or structure.
11. Applications for standard buildings
11.1 An application for a building permit with respect to a standard building shall;
11.1.1 state the intended use or uses of the building;
11.1.2 state the true value of the proposed work;
11.1.3 include a copy of a title search made within 30 days of the date of the application;
11.1.4 unless waived by the Municipality in whole or in part where the permit is sought
for the repair or alteration of an existing building or structure, a site plan prepared by a
British Columbia Land Surveyor showing:
11.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
11.1.4.2 the legal description and civic address of the parcel;
11.1.4.3 the location and dimensions of all statutory rights of way, easements and
setback requirements;
11.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
11.1.4.5 setbacks to, and elevations above, the natural boundary of any lake,
swamp, pond or watercourse where the Municipality's land use regulations
establish siting requirements related to flooding;
13
11.1.4.6 the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the floor system
of a building or structure where the Municipality's land use regulations establish
siting requirements related to minimum floor elevation;
11.1.4.7 the location, dimension and gradient of parking and driveway access;
and
11.1.4.8 any and all other information necessary to establish compliance with this
bylaw, the Zoning Bylaw, Building Code and any other applicable enactments.
11.1.5 include floor plans showing the dimensions and uses of all areas, the dimensions
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;
11.1.6 include a cross section through the building or structure illustrating foundations,
drainage, ceiling, crawl space and attic heights and construction systems;
11.1.7 include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, and finished grade;
11.1.8 include sealed copies of all truss design and specifications;
11.1.9 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;
11.1.10 include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access permits,
highway access permits and Ministry of Health approval;
11.1.11 include, if applicable, a copy of the permit issued by a Provincial
Environmental Health Officer for a private sewage disposal system designed for and
suitable for the proposed building or structure to be constructed on the property,
14
accompanied by a copy of the approved plans for the sewage disposal system which shall
include a site plan showing the location on the property;
10.1.12 include, unless waived by the Municipality in whole or in part where the
Municipality has required a professional engineer or Geoscientist's report pursuant to
section 56 of the Community Charter and the permit is issued in accordance with
section 56 of the Community Charter, a foundation design prepared by a registered
professional in accordance with Division B Part 4 of the Building Code, accompanied by
a letter of assurance in the form of Schedule B as referred to in Division C Part 2 of the
Building Code, signed by the registered professional; and
10.1.13 include three complete sets of drawings at a suitable scale of the design
including, but not limited to, the information set out in this Bylaw.
11.2 In addition to the requirements of section 11.1, the following may be required by the
Municipality to be submitted with a building permit application for the construction of a
standard building where the project involves two or more buildings, which in the aggregate
total more than 1000 square meters, or two or more buildings that will contain four or more
dwelling units, or otherwise where the complexity of the proposed building or structure or siting
circumstances warrant:
11.2.1 site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional, in
accordance with the District of Port Edward's subdivision servicing bylaw;
11.2.2 a section through the site showing grades, buildings, structures, parking areas and
driveways;
11.2.3 a roof plan and roof height calculations;
11.2.4 structural, electrical, mechanical or fire suppression drawings prepared and sealed
by a registered professional;
11.2.5 letters of assurance in the form of Schedules B as referred to in Division C Part 2
of the Building Code, signed by the registered professional;
11.2.6 a sectional drawing that shows the size and location of every soil or waste pipe,
trap and vent pipe, which plans and specifications shall be submitted in the form and
quantities required by the building official and shall have on them complete design and
calculation criteria so that the building official has this information available for
examination, and shall bear the name, address and telephone number of the designer;
15
11.2.7 a graphic isometric drawing of proposed plumbing work showing the size and
location of the plumbing system and containing complete design and calculation criteria;
11.2.8 a survey of the building site by a registered British Columbia Land Surveyor
whenever there is doubt as to the location of the lot lines;
11.2.9 any and all other information necessary to establish compliance with the Sewer
and Water bylaw; and
11.2.10 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.
12. Revocation of a Permit
12.1 The Municipality may revoke a permit where there is a violation of:
12.1.1 a condition under which the permit was issued; or
21.1.2 a provision of the Building Code, this bylaw or other applicable bylaws or
enactments.
12.2 The revocation shall be in writing and transmitted to the permit holder by registered mail
to the address provided on the permit application, and shall be deemed served at the expiration
of three days after the date of mailing.
13. Professional Plan Certification
13.1 The letters of assurance in the form of Schedule A and B referred in Division C Part 2 of
the Building Code, and provided pursuant this bylaw, shall be relied upon by the Municipality
and it's building officials, as certification that the design and plans to which the letters of
assurance relate comply with the Building Code and any other applicable enactments,
regulations or standards.
16
13.2 A building permit issued pursuant to section 12.2 of this bylaw shall include a notice to
the owner stating that the building permit is issued in reliance upon the certification of the
registered professionals that the design and plans submitted in support of the application for the
building permit comply with the Building Code and other applicable enactments relating to
safety, and that the Municipality and it's building officials will be relying upon field reviews
done by the registered professional named in the schedules, and the subsequent Schedule C's
upon completion of the project as certification of compliance with the Building Code and all
other applicable enactments, standards and regulations.
13.3 When a building permit is issued in accordance with section 12.2 of this bylaw the permit
fee shall be reduced by 5% of the fees payable pursuant to Schedule A attached to and forming
part of this bylaw, up to a maximum reduction of $ 500.00 (five hundred dollars), and in any
event to a minimum of $50.00 (fifty dollars)
13.4. A building permit issued in accordance with section 12 of this Bylaw is conditional upon
the continued validity and existence of the registered professional's letters of assurance, and
professional liability insurance.
13.5 In the event that a registered professional or a coordinating registered professional
withdraws their provided assurances, and in the event that any such letter of assurance is
withdrawn or modified, the permit shall cease to authorize the work until such time as
satisfactory letters of assurance are re-established for the work.
14. Fees and Charges
14.1 In addition to applicable fees and charges required under other bylaws, a permit fee,
calculated in accordance with Schedule A attached to and forming part of this bylaw, shall be
paid in full prior to issuance of any permit under this bylaw.
14.2 An application made for a building permit shall be accompanied by the appropriate plan-
processing fee as set in Schedule A attached to and forming part of this bylaw.
14.2.1 The plan-processing fee is non-refundable and shall be credited against the
building permit fee when the permit is issued.
17
14.2.2 An application shall be cancelled and the plan-processing fee forfeited, if the
building permit has not been issued and the permit fee paid within 180 days of the date
of written notification to the owner that the permit is ready to be issued.
14.2.3 When an application is cancelled the plans and related documents submitted with
the application may be destroyed.
14.3 The owner may obtain a refund of the permit fees set out in Schedule A attached to and
forming part of this bylaw, when a permit is surrendered and cancelled before any construction
begins, provided that:
14.3.1 the refund shall not include the plan processing fee paid pursuant to section 14.2
of this bylaw; and
14.3.2 no refund shall be made where construction has begun or an inspection has been
made.
14.4 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 Schedule A attached to and forming part of this bylaw, shall be
paid prior to additional inspections being performed.
14.5 In addition to any other inspection fees, when inspections are requested and scheduled, and
the owner or permit holder does not attend at the site for the inspection, or the construction is
not at the stage where it is ready for inspection, a re-inspection fee as set out in Schedule A
attached to and forming part of this bylaw, plus all travel charges, shall be paid.
14.6 At the sole discretion of the Municipality, for a required inspection requested to be done
after the hours during which the offices of the Municipality are normally open, an inspection fee
shall be payable based on the time actually spent in making such inspection, including travel
time, as set out in Schedule A attached to and forming part of this bylaw.
18
15 Building Permits
15.1 The Municipality may issue a permit for which the application is made when:
15.1.1 a completed application including all required supporting documentation has been
submitted;
15.1.2 the proposed work set out in the application substantially conforms with the
Building Code, this bylaw and all other applicable bylaws and enactments;
15.1.3 the owner or his agent has paid all applicable fees set out in section 14.1 of this
bylaw;
15.1.4 the owner or his agent has paid all charges and met all requirements imposed by
any other enactment or bylaw;
15.1.5 no enactment, covenant, agreement, or regulation in favour of , or regulation of,
Municipality authorizes the permit to be withheld;
15.1.6 the owner has retained a professional engineer or geoscientist if required by the
provisions of the Engineers and Geoscientists Act, or this Bylaw;
15.1.7 the owner has retained an architect if required by the provisions of the Architects
Act; and
15.1.8 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 has
provide evidence pursuant to the Homeowner Protection Act that the proposed building:
15.1.8.1 is covered by home warranty insurance; and
15.1.8.2 the constructor is a licensed residential builder;
15.2 Section 15.1.8 of this bylaw does not apply if the owner is not required to be licensed and
to obtain home warranty insurance in accordance with the Homeowner Protection Act. (ex:
heritage home, detached patio, gazebo and similar)
19
15.3 Every permit is issued upon the condition that the permit shall expire and the rights of the
owner under the permit shall terminate if:
15.3.1 the work authorized by the permit is not commenced within 6 months from the
date of issuance of the permit; or
15.3.2 work is discontinued for a period of 12 months.
15.4 The Municipality may extend the period of time set out under sections 15.3.1 and 15.3.2
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.
15.5 The Municipality 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 has been accepted,
provided sufficient information has been provided to the Municipality to demonstrate to the
building official that the portion authorized to be constructed substantially complies with this
and other applicable bylaws and the permit fee applicable to that portion of the building or
structure has been paid. The issuance of the permit notwithstanding, the requirements of this
bylaw apply to the remainder of the building or structure as if the permit for the portion of the
building or structure had not been issued.
15.6 When a site has been excavated under an excavation permit issued pursuant to section 15.5
of this bylaw and a building permit is not subsequently issued or a subsisting building permit
has expired in accordance with the requirements of section 15.3, but without the construction of
the building 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 Municipality to do so.
15.7 No permit shall be issued for an alteration, addition or repair to a building which is
deficient in means of egress, provision of air, light and ventilation or which is structurally
defective, unless that defect or deficiency is corrected at the time of the alteration, addition or
repair.
20
15.8 No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, when such repairs do not involve or require the replacement or re-arrangement
of valves, pipes or fixtures or hot water tanks.
16 Disclaimer of Warranty or Representation
16.1 Neither the issuance of a permit under this bylaw, the review and acceptance of the design,
drawings, plans or specifications, nor inspections made by a building official, shall constitute a
representation or warranty that the Building Code or the bylaw have been complied with or the
building or structure meets any standard of materials or workmanship, and no person shall rely
on any of those acts as establishing compliance with the Building Code or this bylaw or any
standard of construction.
17 Professional Design and Field Review
17.1 When a building official considers that the site conditions, size or complexity of a
development of an aspect of a development warrant, the building official may require a
registered professional to provide design and plan certification and field review by means of
letters of assurance in the form of Schedule B referred to in Division C Part 2 of the Building
Code.
17.2 Prior to the issuance of an occupancy permit for a complex building, or standard
building in circumstances where letters of assurance have been required by this bylaw, the
owner shall provide the Municipality with letters of assurance in the form of Schedule C-A and
C-B, as is appropriate, referred to in Division C Part 2 of the Building Code.
17.3 When a registered professional provides letters of assurance in accordance with this bylaw,
the registered professional shall also provide proof of professional liability insurance acceptable
to the Municipality.
18 Responsibilities of the Owner
18.1 Every owner shall ensure that all construction complies with the Building Code, this
bylaw and other applicable enactments, standards or regulations.
21
18.2 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.
18.3 Every owner shall, where tests of any materials are required by the building official to
ensure conformity with the requirements of this bylaw or the Building Code, transmit to the
building official records of the test results.
18.4 Every owner shall, in all cases where it is required to conduct the waste from plumbing
fixtures or trade waste to a sanitary sewer, make certain, that the sanitary sewer is at sufficient
depth and capacity to receive the discharge, and also to arrange the plumbing to suit the location
of the connection provided for the parcel by the Municipality.
18.5 Every owner shall, where it is desired to connect a building or storm sewer with any
building or storm sewer extension, furnish such information as the Municipality may require to
show that the proposed sewers will be laid at such depth, and in such a position as to connect the
property with the building or storm sewer extension.
18.6 Every owner shall, in cases where the existing building or buildings are demolished,
destroyed, or otherwise removed from property connected to the sanitary sewerage system or to
the storm sewer system, make arrangements to the satisfaction of the Municipal Engineer or
failing which the Municipal Engineer shall cap off the sanitary sewer or storm sewer connection
at the property line and the owner shall be liable for the fee provided for in Schedule "A"
attached to and forming part of this Bylaw.
18.7 Every owner shall ensure that every connection to the municipal sewer system shall be
fitted with a backwater valve, being a device designed to prevent the reverse flow of sewage in a
service connection, except where the Municipality has determined that, due to the elevation of a
service connection, an actual or potential danger of a reverse sewage flow does not exist, and the
Municipality exempts an owner from the requirement to install a backwater valve.
18.8 Every owner shall obtain, where applicable, a highway or street access permit to the real
property.
18.9 Every owner to whom a permit is issued shall, during construction:
22
18.9.1 post and maintain the permit in a conspicuous place on the property in respect of
which the permit was issued;
18.9.2 keep a copy of the accepted designs, plans and specifications on the property; and
18.9.3 post the civic address on the property in a location visible from the adjoining
street.
18.10 Before construction commences, the owner shall;
18.10.1 determine that the building site is safe and will not be affected by flooding water
caused by surfaces run-off or otherwise, or by land slip or other hazards; and
18.10.2 incorporate into the design and plans submitted for a permit, the climatic data in
Section 24 of this Bylaw.
18.11 Before a building or demolition permit is issued, the owner shall, when required, deliver
to the Municipality an irrevocable letter of credit or certified cheque in the amount of ten
thousand dollars ($10,000.00) or twenty five percent of the assessed building value whichever is
greater, to secure payment for damage, destruction, defacement or disturbance of Municipal
property, including installations of sewer, drainage and all utilities, roads and accesses, caused
by the work for which the permit was issued or by a person doing the work.
18.12 The Municipality may apply the funds towards making good such damage, destruction,
defacement, or disturbance, a shall return any balance to the owner when an occupancy permit
is issued or upon completion of all demolition work.
18.13 Where, in the opinion of the Municipality, the nature of the work is such that it is
unlikely to cause any damage, the Municipality may waive the requirement for a deposit.
19. Inspections
19.1 When a registered professional provides letters of assurance in accordance with this bylaw,
the Municipality may rely solely on field reviews undertaken by the registered professional and
the letters of assurance submitted pursuant to this bylaw as assurance that the construction
substantially conforms to the design and specifications and that the construction substantially
23
complies with the Building Code, this bylaw and other applicable enactments, standards and
regulations.
19.2 Notwithstanding section 19.1 of this bylaw, a Building official may attend the site from
time to time during the course of construction to ascertain that the field reviews are taking place
and to monitor the field reviews undertaken by the registered professionals.
19.3 A building official may attend periodically at the site of the construction of standard
buildings or structures to ascertain whether the health and safety aspects of the work are being
carried out in substantial conformance with those portions of the Building Code, this bylaw and
any other applicable enactments, standards or regulations.
19.4 The owner or his agent shall provide the building official with copies of field review
reports from the registered professionals, if so requested.
19.5 Prior to inspection any repairs or alterations a certificate of location for the foundation(s),
prepared by a BC Land Surveyor, may be required to be submitted to insure the placement of the
building or structure is in accordance with the plans submitted and accepted.
19.6 The owner or his or her representative shall give at least seven (7) days notice, excluding
weekends and civic holidays, to the Municipality when requesting an inspection, and shall
obtain an inspection and receive a building official's acceptance of the following aspects of the
work prior to concealing it:
19.6.1 footing and or foundation wall forms are in place, but prior to pouring the
footings, and foundation walls;
19.6.2 installation of perimeter drain tiles, drain rock and damp-proofing, prior to
backfilling;
19.6.3 the preparation of ground, including ground cover, when required, prior to the
placing of a concrete slab;
19.6.4 rough in of factory built chimneys and fireplaces and solid fuel burning
appliances, if a separate permit has been issued;
24
19.6.5 the framing and sheathing, when all rough-ins for heating, electrical and plumbing
are in place, the roof and roofing are in place, but prior to any exterior building paper,
siding or insulation is installed, which would cover or conceal such work;
19.6.6 insulation and vapour barrier;
19.6.7 when the building or structure is substantially completed and ready for
occupancy, but before occupancy takes place of the whole or part of the building or
structure.
19.7 No aspect of the work referred in section 19.6 of this bylaw shall be concealed until a
building official has accepted it in writing.
19.8 At the sole discretion of the Municipality, provisions may be made to conduct Remote
Video Inspections.
19.9 The requirements of section 19.6 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 this
bylaw, and the registered professional is responsible for providing field reviews.
20. Occupancy Permits
20.1 No person shall occupy a building or structure or part of a building or structure which is the
subject of a permit, until an occupancy permit has been issued by the Municipality.
20.2 An occupancy permit shall not be issued unless:
20.2.1 all letters of assurance have been submitted when required in accordance with this
bylaw.
20.2.2 all aspects of the work requiring inspection and acceptance pursuant to section
19.6 of this bylaw have been inspected and accepted, or the inspections and acceptance
are not required in accordance with section 19.9 of this bylaw.
20.2.3 certification, where applicable, is provided from a Provincial Environmental
Health Officer that the private sewage disposal system installed on the property has been
25
completed in substantial compliance with the approved design, and is acceptable for it's
intended use.
20.3 The Municipality may issue an partial occupancy permit for part of a building or
structure when the part of the building or structure is self-contained, provided that essential
services and the requirements set out in section 20.2 of this bylaw have been met with respect to
it.
20.4 Prior to the issuance of a partial occupancy permit, the owner shall pay the Municipality
a fee equivalent to ten (10%) percent of the value of the remaining construction, and undertakes
to complete it within six (6) months of the issuance of the partial occupancy permit.
20.5 Upon the expiration of six (6) months after the issuance of an partial occupancy permit, if
the remaining construction has been completed, the fee paid under section 20.4 shall be
refunded to the owner without interest, and if construction has not been completed, the fee shall
become the property of the Municipality.
21. General Duties of the Owner Before Construction
21.1 An owner of real property shall:
21.1.1 permit the Municipality to enter his building or premises at any reasonable time
for the purpose of inspections;
21.1.2 obtain from the Municipality, or other authority having jurisdiction where
applicable, permits relating to demolition, excavation, building, repair of buildings,
zoning, change in classification of occupancy , swimming pools, sewers, water,
plumbing, signs, canopies, awnings, marquees, blasting, street occupancy, electricity,
building to be moved, and all other permits required in connection with the proposed
work prior to the commencement of the work;
21.1.3 when required by the Municipality, give at least 48 hours notice to the
Municipality, of the intention to start work on the construction site;
21.1.4 obtain elevation and construction requirements relative to Provincial Flood Plain
Restrictions from the Ministry of Environment;
26
21.1.5 within fifteen (15) days after completing or occupancy of a building, place or
cause to be placed on or over the entrance to the building or premises the number
(address) as assigned on the building permit, and in accordance with the specifications
of the Municipality; and
21.1.6 not place nor maintain, nor permit on any building or premises, a building
number other than required under the provisions of this bylaw.
21.2 Neither the granting of a permit nor the acceptance of plans and specifications, nor
inspections made by or on behalf of the Municipality, shall in any way relieve the owner from
full responsibility to perform the work in strict accordance with this bylaw, the Building Code
and all other applicable enactments.
22. Temporary Occupancy of Highways - Refer to Traffic Bylaw
23. Fences and Walkways
23.1 If, in the opinion of the Municipality, a fence or covered walkway is necessary for the
protection and safety of the public during the construction or maintenance of a building, it shall
be erected in accordance with Section 23 of this bylaw and Division B Part 8 of the Building
Code.
23.2 In a commercial zone, a closed board fence is required not less than 1.83 metres in height
and at a distance beyond the street line directed by the Municipality.
23.3 A covered walkway shall be a minimum of 1.22 metres in width and shall be equipped with
red warning lights to warn of its existence to approaching pedestrians or traffic.
23.4 No fence or covered walkway shall be erected in such a way as to obstruct direct access to
any fire hydrants, catch basins, fire alarm boxes, letter boxes or to obstruct light from street
lamps. Nor shall the fence or covered walkway obstruct any traffic signs or lights.
24. Climatic and Seismic Data
24.1 Climatic and seismic data for the design of buildings and structures in the Municipality
shall be as established in Division B Appendix C of the Building Code.
27
24.2 The Climatic and Seismic Design Data for Port Edward, shall be as established for Prince
Rupert.
25. Essential Services
25.1 No permit for the construction of any residential, commercial or industrial building shall
be issued unless the following essential services are provided for.
25.2 Highway Access
A highway within a dedicated road allowance of sufficient strength, grade and width is available
to provide ready access to the property by fire and emergency vehicles at all times.
25.3 Watermain
A public water service or other source of supply of water approved by the Medical Health
Officer is available for the building or structure unless water is not required for the particular use
of a building or structure.
25.4 Sewer
A public sewer or other approved method of sewage disposal has been installed to service the
building or structure.
25.5 Storm Drain
An approved method of storm drainage disposal has been installed to service the building or
structure.
25.6 Access to Driveway
A driveway of sufficient strength, grade and width for access from the highway to all buildings
by fire and emergency vehicles, when required in accordance with the Building Code.
28
26. Fireplace and Chimney Regulations
26.1 No person shall construct or install a fireplace or chimney without first obtaining a permit
from the Municipality.
27. Building Moves
27.1 No person shall move or cause to be moved, any building or structure into the
Municipality, or from one parcel to another in the Municipality without first obtaining a permit
to carry out such move and to site the building on the parcel to which it is to be moved.
27.2 The following conditions apply to the issuance of a Moving permit under this Section if
the building to be moved is residential:
27.2.1 applications for building moves shall be brought before the Council for its
information, and shall include photographs showing all four sides of the building; and
27.2.2 the building shall either meet the requirements of the current Building Code
prior to its move, or be rehabilitated to current Building Code requirements within six
(6) months from the issuance of the permit to move.
27.3 The following conditions apply to all buildings in respect of which an application to move
has been made:
27.3.1 the floor area of the building to be moved shall be equal to or greater than the
minimum floor area requirements for the parcel to which it is to be moved and, when
located on that parcel, the building shall comply with all setbacks and siting requirements
applicable to that parcel; and
27.3.2 the application for a permit to move shall be accompanied by detailed plans and
specifications of the proposed relocation and rehabilitation of the building and by an
irrevocable letter of credit or a certified cheque in the amount of TEN THOUSAND
($10,000.00) DOLLARS or 25% of the value of the building which ever is greater,
payable to the Municipality.
29
27.3.3 The letter of credit may be drawn upon by the Municipality in an amount
sufficient to complete the work specified in the plans submitted if the work is not
completed in its entirety within twelve (12) months from the date of issuance of the
permit to move, and the deposit or any balance thereof remaining in the hands of the
Municipality may be returned to the depositor after an Occupancy Permit in respect of
the work has been issued.
27.4 No person shall move any building into the Municipality for the purpose of erecting the
same on any land therein, nor move any building from one parcel of land to another within the
Municipality, having an assessed value of less than 90% of the average assessed value of all
improvements within a radius of one hundred and fifty two (152 m) metres of the parcel upon
which it is proposed by that person to locate the building.
28. POOLS
28.1 An application for a permit for the construction of a pool shall be accompanied by a Plan
showing the location of the proposed pool, and all water supply piping, waste piping,
appurtenances and fencing. The outfall for the disposal of waste water shall be approved before
the permit is issued.
28.2 The following conditions apply to pools.
28.2.1 A swimming pool shall be enclosed with a fence not less than 1.2 m in height, and
constructed in such a manner that it does not provide or afford footholds or grips from the
outside for climbing.
28.2.2 Any gate in the fence shall be self closing and self latching, and the latch shall be
on the inside of the enclosure and shall be maintained in working order at all times.
28.2.3 The location of a swimming pool shall meet the setback to front and side property
line requirements, and provisions of the Zoning Bylaw of the Municipality.
28.2.4 No swimming pool shall be located less than 3.1 m from any rear lot line.
30
28.3 For the purposes of this Section "Swimming Pool" shall include any constructed pool used
or intended to be used for swimming, bathing, or wading, which is over 61 cm in depth and has a
surface area exceeding 14 m2 .
29. RETAINING WALLS
29.1 A registered professional shall undertake the design and conduct field reviews of the
construction of a retaining structure greater than 1.2 meters in height, and shall provide letters of
assurance as specified in Division C Part 2 of the Building Code. Sealed copies of the design
plan and field review reports prepared by the registered professional for all retaining structures
greater than 1.2 meters in height along with a schedule C-B, shall be submitted to the
Municipality or Building official prior to acceptance of the works.
30. Temporary Building
30.1 Subject to compliance with other applicable bylaws, the Municipality may issue a permit
for the erection or placement of a temporary building if the Building official is satisfied that the
building is safe for the stated use and duration.
30.2 The word "Temporary", as used in this subsection, shall mean a period not exceeding
twelve (12) months.
30.3 Applications for a permit to construct a temporary building shall be made in writing to the
Municipality accompanied by:
30.3.1 plans showing the location of the building on the site and construction details of
the building;
30.3.2 a statement of the intended use and duration of the use; and
30.3.3 an irrevocable letter of credit or certified cheque in the amount of ONE
THOUSAND ($1,000.00) DOLLARS or 25% of the building value, whichever is greater,
to guarantee that the building will be removed entirely and the site left in a safe and
sanitary condition when the permit has expired.
31
31. Penalties and Enforcement
31.1 Any person who:
31.1.1 violates a provision of the Building Code or of this Bylaw;
31.1.2 causes, suffers or allows an act or thing to be done in contravention of or in
violation of the Building Code or this Bylaw;
31.1.3 neglects or refrains from doing anything required to be done by the Building
Code or this Bylaw;
31.1.4 carries out, suffers, causes or allows to be carried out any construction in a
manner prohibited by or contrary to the Building Code or this Bylaw; or
31.1.5 fails to comply with an order, direction or notice given under this Bylaw;
31.1.5.1 commits an offence and is liable on conviction to a fine and penalty not
exceeding TWO THOUSAND ($2,000.00) DOLLARS or to imprisonment for not
more than six (6) months.
31.2 Each day that a violation of the provisions of this Bylaw is permitted to exist, shall
constitute a separate offence.
31.3 The Municipality may order the cessation of any work that is proceeding in contravention
of the Building Code or this bylaw by posting a Stop Work Order.
31.4 The owner of any property on which a Stop Work Order 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
Order has been rescinded in writing by the Municipality.
31.5 Where a person occupies a building or structure or part of a building or structure in
contravention of Section 7 of this bylaw, the Municipality may post a Do Not Occupy notice, on
the affected part of the building or structure.
32
31.6 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 and this bylaw have been
substantially complied with and the Do Not Occupy notice has been rescinded in writing by the
Municipality.
31.7 Every person who commences work requiring a permit without first obtaining such a
permit shall, if a Stop Work Order is issued, pay an additional administration fee equal to 25%
of the building permit fee prior to obtaining the required building permit.
32 Severability
32.1 The provisions of this bylaw are severable and the invalidity of any part of this bylaw shall
not affect the validity of the remainder of this bylaw.
32.2 Throughout this bylaw when the context implies, wherever the masculine is used the
feminine applies, and wherever the singular is used the plural applies, and vice versa.
READ a first time this 10th day of November, 2020;
READ a second time this 24th day of November, 2020
READ a third time this 23rd day of March, 2021
RECONSIDERED AND ADOPTED THIS 13th day of April, 2021
____________________________
_____________________________
Knut Bjorndal, Mayor
Polly Pereira, Director of Corporate
Administrative Services
Certified a true copy of bylaw April 13th, 2021 cited as "District of Port Edward Building Bylaw
No. 716"
33
SCHEDULE A
1 Permit Fees
(1) Building Permit Fees
The fees payable for a Permit for construction, reconstruction, erection, addition,
extension, alteration and repair of any building or any other work requiring a Permit
and not specifically listed here shall be based on the value as follows:
-$500.00 or less - $50.00
-$500.00 - $1,000.00 - $100.00
-For each additional $1,000.00 or part thereof above $1000.00 up to
$10,000.00 - $8.00 per thousand
-For each $1,000.00 or part thereof by which the cost exceeds $10,000.00
up to $100,000.00 - $6.00 per thousand
-For each $1,000.00 or part thereof by which the cost exceeds $100,000.00
-$4.00 per thousand
-Minimum Fee - $50.00
(2) Related Building Permit Fees
-Separate Chimney/Fireplace construction - $100.00
-Demolition Permit - $100.00
-Moving Permit - $100.00
-Temporary Building Permit - $100.00
-Single-wide or Double-wide Manufactured Home Placement $250.00**
-Single-wide or Double-wide, Manufactured Home Placement in
Manufactured Home Park - $250.00**
-Building Permit Renewal - $50.00 or 25% of original permit fee ,whichever
is greater
-Minimum Inspection Fee (ie: Insurance purposes) - $250.00
-Reinspection Fee - $250.00
** Plus fees based on construction values of new work on-site
such as: foundations, basements, additions and plumbing.
34
(3) Plumbing Permit Fee
-First fixture - $75.00
-Each additional fixture - $15.00
-Minimum Fee - $75.00
Where the fee payable is determined by the value of proposed work, that value
shall be reviewed and assessed by the Municipality.
(4) SERVICES CONNECTION FEES - Refer to Water and Sewer Rate Bylaws
5. OTHER FEES
(1) Street Occupancy Fees: - Refer to Traffic Bylaw
(2) Plan Processing Fee Required by Section 13.2
-10% of the total permit fee based on the value of the project and as per
section 1 of this schedule.
(3) Capping Off Fee
-Sanitary Sewer $200.00
-Storm Sewer $200.00