Building Bylaw No. 11-2005 (Consolidated to April 17, 2013)
Port Hardy, British Columbia
· No. 11-2005
· adopted 2005-06-28
· summary & facts
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DISTRICT OF PORT HARDY
BYLAW 11-2005
A BYLAW FOR THE ADMINISTRATION AND
ENFORCEMENT OF THE BUILDING CODE
AS AMENDED
Consolidation:
17 APRIL 2013
CONSOLIDATED COPY FOR
CONVENIENCE ONLY
Amending Bylaws:
Bylaw 1008-2013 - Text and delete Schedule "A"
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THE DISTRICT OF PORT HARDY
BYLAW NO. 11-2005
A BYLAW FOR THE ADMINISTRATION AND
ENFORCEMENT OF THE BUILDING CODE
WHEREAS the Community Charter authorizes the District, 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 District of Port Hardy, in open meeting assembled,
enacts as follows:
1.
Title
This bylaw may be cited for all purposes as the "Building Bylaw No. 11-2005".
2.
Definitions
In this bylaw:
The following words and terms have the same meanings set out in Section 1.4.1.2. of
the British Columbia Building Code 2012, as amended or re-enacted from time to time:
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 2012 as adopted by
Ministerial Order No. M188 on September 7, 2012, as amended or re-enacted from time
to time.
Building Official means the Municipal Inspector or any other employee or contractor so
designated by the District.
Complex Building means:
(a) all buildings used for major occupancies classified as
(i)
assembly occupancies,
(ii)
care or detention occupancies,
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(iii)
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.
District means the Corporation of the District of Port Hardy
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
District in the general public interest. The activities undertaken by or on behalf of
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the District 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 District 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;
(iii) 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 District 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 District 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 District 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.
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5.
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 District
(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.
(d) 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 District acting in the conduct of administration and
enforcement of this bylaw
7.
Building Officials
(a)
Each Building Official may:
i)
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.
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(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:
i)
a building permit before constructing, repairing, altering or changing the use
of a building or structure;
ii)
a moving permit before moving a building or structure;
iii)
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 District.
(c)
An application for a moving permit shall be made in the form prescribed from time
to time by the District.
(d)
An application for a demolition permit shall be made in the form prescribed from
time to time by the District.
(e)
An application for a fireplace and chimney permit shall be made in the form
prescribed from time to time by the District.
(f)
An application for a plumbing permit shall be made in the form prescribed from
time to time by the District.
(g)
All plans submitted with permit applications shall bear the name and address of
the designer of the building or structure.
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(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 District of Port
Hardy Rates Bylaw.
9.
Applications for Complex Buildings
(a)
An application for a building permit with respect to a complex building shall:
i)
be made in the form prescribed from time to time by the District, signed by
the owner, or a signing officer if the owner is a corporation.
ii)
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 District'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 District'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;
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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 letters of assurance as required by and in accordance with section
2.2.7. of Division C - Part 2 of the Building Code
ix)
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.
(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
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 District's subdivision servicing bylaw;
ii)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
iii)
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.
10.
Applications for Standard Buildings
(a)
An application for a building permit with respect to a standard building shall:
i)
be made in the form prescribed from time to time by the District, signed by
the owner, or a signing officer if the owner is a corporation;
ii)
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;
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(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 District'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 District's land use
regulations establish siting requirements related to minimum floor
elevation;
(G) the location, dimension and gradient of parking and driveway access;
and
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;
viii)
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.
x)
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:
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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 District's subdivision servicing bylaw.
ii)
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;
v)
letters of assurance as required by and in accordance with section 2.2.7. of
Division C - Part 2 of the Building Code
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 required by this Bylaw in accordance with section 2.2.7.
of Division C - Part 2 of the Building Code, are relied upon by the District 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 District of
Port Hardy 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 District of Port
Hardy 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 District of Port Hardy Rates Bylaw when a permit is surrendered
and cancelled before any construction begins.
(d)
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
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second inspection, a re-inspection charge as set out in the applicable schedule of
the District of Port Hardy 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 District 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 District of Port Hardy
Rates Bylaw.
13.
Damage Deposits
13.1 Where during the course of construction for which a permit is issued there will be
excavation, heavy equipment crossing an adjacent highway or sidewalk, or
transporting materials from or to the site across a curb or ditch, a deposit shall be
submitted to the District to pay for the costs of repairing any damage that may be
caused to the adjacent highway, or public utilities located in or on the adjacent
highway, or District property during the course of construction.
13.2 The damage deposit required by subsection 13.1 herein shall be in an amount as
specified in the District of Port User Rates and Fees Bylaw, and shall be deposited
in the form of cash, certified cheque or irrevocable letter of credit in a format
approved by the District from a Canadian bank or Credit union, prior to the
issuance of the permit.
13.3 Where it is deemed necessary by the Building Official to clean highways due to
construction activities undertaken in connection a permit, the cost of such cleaning
shall be deducted from the damage deposit referred to in section 13.2 herein.
13.4 Where a highway or a public utility on or adjacent to a highway, has been
damaged by any work undertaken in connection with a permit, and where the
owner fails to clean up or repair the highway or public utility, or cause the highway
or public utility to be cleaned up or repaired in a manner satisfactory to the
Building Official within fourteen (14) days of being notified to do so by the Building
Official, then the District shall carry out such repairs or clean up and may use the
damage deposit referenced herein to pay for the said repairs or clean up.
13.5 Should there be an insufficient amount of monies on deposit with the District, then
the permittee shall be liable for payment, and shall pay forthwith, upon invoice, the
balance that is required by the District to carry out or cause to be carried out, the
necessary repairs, clean-up or highway reconstruction, together with an
administration charge of $100 ($100.00) dollars.
14.
Moving Buildings
(a)
A building may be moved into the District 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
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ii)
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 District.
(b)
A building situated within the District may be moved within the District 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;
ii)
provides a performance bond acceptable and payable to the District, 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
District if the applicant fails or refuses to carry out the work required to
make the building so conform within one (1) year from the date of
application for permission to move the said building, and the Building
Official shall give the owner or his agent thirty (30) days' notice to vacate
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 District 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 District as per provisions of Section 258 of the Community Charter.
e)
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)
A building, moving, demolition, fireplace and chimney permit shall be in the form
prescribed from time to time by the District.
(b)
A plumbing permit shall be in the form prescribed from time to time by the District.
(c)
When:
i)
a completed application including all required supporting documentation has
been submitted;
ii)
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;
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iv)
the owner or his or her representative has paid all charges and met all
requirements imposed by any other enactment or bylaw;
v)
no enactment, covenant, agreement, or regulation in favour or, or regulation
of, District authorizes the permit to be withheld;
vi)
the owner has retained a professional engineer or geoscientist if required by
the District or the provisions of the Engineers and Geoscientists Act;
vii)
the owner has retained an architect if required by the District or the
provisions of the Architects Act;
a Building Official shall issue the permit for which the application is made.
(d)
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:
ii)
is covered by home warranty insurance, and
iii)
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.
(f)
Every permit is issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate if:
i)
the work is not started within six months from the date of issuing the permit;
ii)
the work is substantially discontinued or suspended for a period of more
than six months;
iii)
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 District of Port Hardy 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 District 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
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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 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 District 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 professional provide design and plan certification and field review by
means of letters of assurance in the form provided for in accordance with section
2.2.7. of Division C - 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(c)(v) or 17(a) of this Bylaw, the District shall be
provided with the applicable letters of assurance in accordance with section
2.2.7.2.2) of Division C - 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.
(c)
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
iii)
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 District will rely solely
on field reviews undertaken by the registered professional and the letters of
Amended
Bylaw
1008-2013
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Bylaw
1008-2013
District of Port Hardy
Building Bylaw No. 11-2005 - Consolidated
15
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 give at least
48 hour's notice to the District 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:
i)
After the water, sanitary and storm sewer is connected at the street 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 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.
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16
(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 District a monitoring confirmation number, prior to proceeding beyond the
following stages of construction:
i)
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 District.
(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.
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17
(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 shall be of a design that uses no more than six (6) litres of water per
flush, without the aid of any add-on or retrofit devices.
(b)
All shower heads shall be of a design that limits the flow rate to nine and one half
(9.5) litres per minute or less.
(c)
All sink faucets installed in any residential use building in the District shall be of a
design that limits the flow rate to eight point three (8.3) litres per minute or less.
23.
Climatic Data
Climatic data for the design of buildings in the District shall be:
Design Temperature:
January 2.5% Temperature ......................... -5° C
January 1% Temperature ............................ -7°C
July 2.5% Drybulb Temperature .................. 20° C
July 2.5% Wetbulb Temperature.................. 16° C
Precipitation:
One Day Rainfall ......................................... 150 mm
15 Minute Rainfall ........................................ 13 mm
Ground Snow Load, Snow Component ....... 0.9 kPa
Ground Snow Load, Rain Component ......... 0.4 kPa
Hourly Wind Pressures:
Probability 1/10 ............................................ 0.40 kPa
Probability 1/30 ............................................ 0.52 kPa
Seismic Data:
Sa(0.2).......................................................... 0.43
Sa(0.5).......................................................... 0.31
Sa(1.0).......................................................... 0.17
Sa(2.0).......................................................... 0.10
PGA.............................................................. 0.20
24.
Schedule
Schedule "A" Deleted
Amended
Bylaw
1008-2013
Amended
Bylaw
1008-2013
Amended
Bylaw
1008-2013
District of Port Hardy
Building Bylaw No. 11-2005 - Consolidated
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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.
(b)
Stop Work Notice
i)
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 District.
ii)
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 District on the affected part of the building or structure.
ii)
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.
District of Port Hardy
Building Bylaw No. 11-2005 - Consolidated
19
28.
Repeal
District of Port Hardy Building Bylaw No. 09-2004 and all amendments is hereby
repealed.
READ A FIRST TIME THE 14TH DAY OF JUNE, 2005.
READ A SECOND TIME THE 14TH DAY OF JUNE, 2005.
READ A THIRD TIME THE 14TH DAY OF JUNE, 2005.
ADOPTED THE 28TH DAY OF JUNE, 2005.
Original signed by:
____________________
DIRECTOR
MAYOR
OF CORPORATE SERVICES