Port Moody, British Columbia
· No. 3200
· adopted 2019-10-08
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 29cbb403e5d0 · verified 2026-09-24 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
EDMS#506335
1
CONSOLDATED FOR CONVENIENCE
Bylaw No. 3200
CONSOLIDATED FOR CONVENIENCE
Bylaw No. 3200
A Bylaw to administer the Building Code and regulate construction.
The Council of the City of Port Moody enacts as follows:
1.
Citation
1.1 This Bylaw may be cited as "City of Port Moody Building Bylaw, 2019, No. 3200".
2.
Repeal
2.1
City of Port Moody Building and Plumbing Code Administration Bylaw, 2003,
No. 2577 and all amendments thereto are hereby repealed.
3.
Purpose of Bylaw
3.1
Despite any other provision in this Bylaw, this Bylaw must be interpreted in
accordance with this Part.
3.2
Every permit issued under this Bylaw is issued expressly subject to the
provisions of this Part.
3.3
This Bylaw is enacted to regulate, prohibit, and impose requirements in regard to
construction in the City in the public interest.
3.4
The purpose of this Bylaw does not extend to
a)
the protection of owners, designers, or constructors from economic loss;
b)
the assumption by the City or any Building Official of any responsibility for
ensuring the compliance by any owner, their representatives, or any
employees, constructors, or designers retained by the owner, with the
Building Code, the requirements of this Bylaw, or other applicable
enactments, codes, or standards;
c)
providing any person a warranty of design or workmanship with respect to
any building or structure for which a building permit or occupancy permit is
issued under this Bylaw;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
2
d)
providing any person a warranty or assurance that construction undertaken
under building permits issued by the City is free from latent, or any, defects;
or
e)
the protection of adjacent real property from incidental damage or nuisance.
4.
Interpretation
Definitions
4.1
In this Bylaw, the following words and terms have the meanings
a)
set out in the Building Code: accessible assembly occupancy, building,
building area, building height, business and personal services occupancy,
care occupancy, constructor, coordinating registered professional, designer,
detention occupancy, excavation, field review, firewall, first storey,
foundation, high hazard industrial occupancy, industrial occupancy, low
hazard industrial occupancy, major occupancy, medium hazard industrial
occupancy, mercantile occupancy, occupancy, post disaster building, private
sewage disposal system, registered professional, residential occupancy,
storey, treatment occupancy, or unsafe condition;
b)
subject to this Bylaw, set out in the Schedule to the Community Charter:
assessed value, highway, land, occupier, parcel, public authority, service,
and soil; and
c)
subject to this Bylaw, set out in the Interpretation Act: may, must, obligation,
person, property, writing, written, and year.
4.2
In this Bylaw:
Accepted means reviewed by the Building Official under the applicable provisions
of the Building Code and this Bylaw;
Addition means an alteration to any building which will increase the total
aggregate floor area or the building height (in storeys), and includes the provision
of two or more separate buildings with openings between each other for
intercommunication;
Agent includes a firm, corporation, or other person representing the owner, by
written designation, and includes a hired tradesperson or constructor who may
be granted a permit for work within the limitations of their licence;
Alternative solution means an alternative solution authorized under the
Building Code;
Alteration means a change, repair, or modification of the construction or
arrangement of or use of any building or structure, or to an occupancy regulated
by this Bylaw;
Architects Act means the Architects Act RSBC 1996, c. 17;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
3
Building Code means the British Columbia Building Code as adopted by the
Minister responsible under provincial legislation, as amended or re-enacted from
time to time;
Building Official means the person designated in or appointed to that position by
the City, and includes a building inspector, plan checker, plumbing inspector,
inspector designated or appointed by the City, and for certainty the
Building Official is the "building inspector" referred to in the Community Charter
and Local Government Act;
City means the City of Port Moody.
Complex Building means:
a)
a building used for a major occupancy classified as:
i)
assembly occupancy;
ii)
care occupancy;
iii) detention occupancy;
iv) high hazard industrial occupancy,
v)
treatment occupancy; or
vi) post-disaster building,
b)
a building exceeding 600 square metres in building area or exceeding three
storeys in building height used for a major occupancy classified as:
i)
residential occupancy;
ii)
business and personal services occupancy;
iii) mercantile occupancy; or
iv) medium and low hazard industrial occupancy,
Coordinating Registered Professional means a registered professional retained
pursuant to the Building Code to coordinate all design work and field reviews of
the registered professionals required for a development;
Construct includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate, or shore;
Constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act
RSBC 1996, c. 116;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
4
Energy Advisor means a registered energy advisor in good standing with Natural
Resources Canada, who conducts EnerGuide home evaluations on behalf of
service organizations licensed by Natural Resources Canada;
Energy Step Code means the Province of British Columbia's performance-based
standard for energy efficiency in new construction requiring energy modelling and
on-site testing to demonstrate minimum performance against metrics for building
envelope, equipment and systems, and airtightness requirements, and including
Step 1, Step 2, Step 3, Step 4, and Step 5, as defined in the Building Code, all as
amended or re-enacted from time to time;
Existing, in respect of a building, means that portion of a building constructed
prior to the submission of a permit application required under this Bylaw;
Fees Bylaw means the City of Port Moody Fees Bylaw;
GHG means greenhouse gas;
Greenhouse Gas Intensity means a measure of a building's greenhouse gas
(GHG) performance using the definition, calculation, and fuel type emissions
factors established in the energy modelling guidelines referenced by the Energy
Step Code, that is a calculated value determined through energy modelling and
reported in kilograms of carbon dioxide-equivalent per square metre per year
(kgCO2e/m2a);
Health and Safety Aspects of the Work means design and construction regulated
by Parts 3, 4, 5, 6, 7, 8, 9, and 10, Division B, of the Building Code; and subject
to Parts 1 and 2 in relation to Parts 3 through 10, Division B;
Landscape Wall means a structure retaining soil or other material less than 1.2
metres in height;
Low-Carbon Energy means heat energy with a carbon dioxide-equivalent
intensity (kgCO2e/kWh), calculated using the energy modelling guidelines
referenced by the Energy Step Code, that is much less than that of fossil fuels,
and low enough so that when applied to a building's modelled energy use allows
the building to meet building GHGi limits under the City's Low-Carbon Energy
System requirements;
Low Carbon Energy System means a professionally operated and maintained,
highly efficient mechanical system that supplies a building's space heating,
cooling, and domestic hot water heating demand primarily from renewable
energy sources, and meets defined GHG limits;
Owner means the registered owner in fee simple, or an agent duly authorized by
the owner in writing in the form acceptable to the Building Official;
Permit means permission or authorization in writing by the Building Official to
perform work regulated by this Bylaw and, in the case of a final inspection notice,
to occupy a building or part of a building;
Added by
BL3314
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
5
Plumbing Systems means a drainage system, a venting system, and a water
system or parts thereof;
Pool means a structure or constructed depression used or intended to be used
for swimming, bathing, wading, or diving which is designed to contain water and
has a depth, at any point, exceeding 0.6 m, including an in-ground pool, above
ground pool, hot tub, spa, and water features;
Professional Design means the plans and supporting documents bearing the
date, seal or stamp, and signature of a registered professional;
Project means any construction operation;
Retaining Wall means a structure that holds or retains soil or other material
behind it exceeding 1.2 metres in height or a series of landscape walls spaced at
a setback ratio that is less than two horizontal to one vertical;
Standard Building means a building of three storeys or less in building height,
having a building area not exceeding 600 square metres, and used for a major
occupancy classified as
a) residential occupancy;
b) business and personal services occupancy;
c) mercantile occupancy;
d) medium hazard industrial occupancy; or
e) low hazard industrial occupancy;
Structure means a construction or portion of construction, of any kind, whether
fixed to, supported by or sunk into land or water, except landscaping, fences,
paving and retaining structures less than 1.2 metres in height;
Temporary Building includes a tent, sales office, construction office, or a
structure in which tools and/or materials are stored during construction of a
building or other structure;
Value of the Work means that amount that is calculated as follows:
a) for construction of a building containing a residential occupancy that is served
by only one stove, or two stoves if permitted as an auxiliary and secondary
residential occupancy, the greater of:
i)
the declared value of the work; or
ii)
the value calculated by the Building Official.
b) for all other construction, the greater of:
i)
the declared value of the work; or
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
6
ii)
the value calculated using a method stipulated in the "Marshall Valuation
Service".
Zero Carbon Step Code means the requirements set out in sections 9.37 and
10.3 of the Building Code and includes GHG emission level EL-1, EL-2, EL-3,
and EL-4:
EL-1 means the requirements of GHG emission level EL-1, as set out
in the Zero Carbon Step Code.
EL-2 means the requirements of GHG emission level EL-1, as set out
in the Zero Carbon Step Code.
EL-3 means the requirements of GHG emission level EL-3, as set out
in the Zero Carbon Step Code.
EL-4 means the requirements of GHG emission level EL-4, as set out
in the Zero Carbon Step Code.
4.3
Every reference to this Bylaw in this or another Bylaw of the City is a reference to
this Bylaw as amended to the date of the reference.
4.4
Every reference to:
a) the Building Code is a reference to the current edition as of the date of
issuance of the building permit; and
b) a section of the Building Code is a reference to the applicable successor
sections, as the Building Code or section may be amended or re-enacted
from time to time.
4.5
Definitions of words and phrases used in this Bylaw that are not included in the
definitions in this Part have the meanings commonly assigned to them in the
context in which they are used in this Bylaw, considering the specialized use of
terms with the various trades and professions to which the terminology applies.
5.
Scope and Exemptions
Application
5.1
This Bylaw applies to the geographical area of the City and to land, the surface of
water, air space, buildings, or structures in the City.
5.2
This Bylaw applies to the design, construction, or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation, or
occupancy, or change of use or occupancy of existing buildings and structures.
5.3
This Bylaw does not apply to:
a) except as set out in Part 17 of this Bylaw, a fence;
b) an accessory building with a floor area of less than 10 square metres;
Added by
BL3479
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
7
c) a wall supporting soil that is less than 1.2 metres in height, or other similar
landscape structures;
d) a building or structure commonly known as "Canadian Standards Association
Z240 MH series or Z241 series", except as regulated by the Building Code.
Limited Application to Existing Buildings
5.4
Except as provided in the Building Code or to the extent an existing building is
under construction or does not have an occupancy permit, when an existing
building has been constructed before the enactment of this Bylaw, the enactment
of this Bylaw is not to be interpreted as requiring that the building must be
reconstructed and altered, unless it is expressly so provided by this or another
Bylaw, regulation, or statute.
5.5
This Bylaw applies if the whole or any part of an existing building is moved either
within or into the City, including relocation relative to parcel lines created by
subdivision or consolidation as per Part 15 applies to building moves.
5.6
If an alteration is made to an existing building the alteration must comply with this
Bylaw and the Building Code and the entire building must be made to comply
with this Bylaw and the Building Code, but only to the extent necessary to
addresses any new infractions introduced in the remainder of the building as a
result of the alteration.
5.7
If an alteration creates an addition to an existing building, the alteration or
addition must comply with this Bylaw, the City of Port Moody Zoning Bylaw and
the Building Code and the entire building must be made to comply with this
Bylaw and the Building Code, but only to the extent necessary to address any
new infractions introduced in the remainder of the building as a result of the
alteration or addition.
6.
Prohibitions
6.1
A person must not commence or continue any construction, alteration,
excavation, reconstruction, demolition, removal, relocation, or change the use or
occupancy of any building or structure, including other work related to
construction
a) except in conformity with the requirements of the Building Code and this
Bylaw; and
b) unless a valid and subsisting permit for the work has been issued under this
Bylaw.
6.2
A person must not occupy or permit the occupancy of any building or structure or
part of any building or structure
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
8
a) unless a subsisting final inspection notice or occupancy certificate has been
issued by a Building Official for the building or structure or the part of the
building or structure; or
b) contrary to the terms of any permit issued or any notice given by a
Building Official.
6.3
A person must not knowingly submit false or misleading information to a
Building Official in relation to any permit application or construction undertaken
pursuant to this Bylaw.
6.4
Except in accordance with this Bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter, or modify plans and
supporting documents after the same have been reviewed by the
Building Official, or plans and supporting documents which have been filed for
reference with the Building Official after a permit has been issued.
6.5
A person must not, unless authorized in writing by a Building Official, reverse,
alter, deface, cover, remove, or in any way tamper with any notice, permit, or
certificate posted or affixed to a building or structure pursuant to this Bylaw.
6.6
A person must not 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 authorized in writing by a
Building Official.
6.7
A person must not interfere with or obstruct the entry of a Building Official or
other authorized official of the City on property in the administration of this Bylaw.
6.8
A person must not construct on a parcel unless the civic address is
conspicuously posted on the front of the premises or on a sign post so it may be
easily read from the highway from which it takes its address.
6.9
A person must not contravene an administrative requirement of a Building Official
made under any provision of this Bylaw.
6.10
A person must not change the use, occupancy, or both of a building or structure
or a part of a building or structure without first applying for and obtaining a
building permit under this Bylaw.
7.
Permit Conditions
7.1
A permit is required if work regulated under this Bylaw is to be undertaken.
7.2
Neither the issuance of a permit under this Bylaw, nor the acceptance or review
of plans, drawings, specifications, or supporting documents, nor any inspections
made by or on behalf of the City will in any way:
a)
relieve the owner (and if the owner is acting through an agent, the agent)
from full and sole responsibility to perform the work in respect of which the
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
9
permit was issued in strict compliance with this Bylaw, the Building Code,
and all other applicable codes, standards, and enactments;
b)
constitute a representation, warranty, assurance, or statement that the
Building Code, this Bylaw or any other applicable enactments respecting
safety, protection, land use, and zoning have been complied with; or
c)
constitute a representation or warranty that the building or structure meets
any standard of materials or workmanship.
7.3
No person shall rely on any permit as establishing compliance with this Bylaw or
assume or conclude that this Bylaw has been administered or enforced
according to its terms.
7.4
Without limiting other provisions of this Bylaw, it is the full and sole responsibility
of the owner (and if 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, this Bylaw, and all other applicable codes, standards, and
enactments.
8.
Powers of a Building Official
Administration
8.1
Words defining the authority of a Building Official are be construed as internal
administrative powers and not as creating a duty.
8.2
A Building Official may:
a) administer this Bylaw, but owes no public duty to enforce or administer this
Bylaw;
b) keep records of applications received, permits, notices, and orders issued,
inspections and tests made, and may retain copies of all papers and
documents connected with the administration of this Bylaw;
c)
establish or require an owner to establish whether a method or type of
construction or material used in the construction of a building or structure
complies with the requirements and provisions of this Bylaw and the
Building Code; and
d) direct that tests of materials, equipment, devices, construction methods,
structural assemblies, or foundations be carried out, or that sufficient
evidence or proof be submitted by the owner, at the owner's sole expense,
where such evidence or proof is necessary to determine whether the
material, equipment, device, construction, or foundation condition complies
with this Bylaw and the Building Code.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
10
Refusal and Revocation of Permits
8.3
A Building Official may refuse to issue a permit if the proposed work will
contravene the requirements of the Building Code or the provisions of this or any
other Bylaw of the City, and must state the reason in writing.
8.4
A Building Official may revoke a permit if, in their opinion, the results of tests on
materials, devices, construction methods, structural assemblies, or foundation
conditions contravene the Building Code or the provisions of this Bylaw, or both,
or if all permits required under this Bylaw have not been obtained.
Right of Entry
8.5
Subject to section 16 of the Community Charter, a Building Official may enter on
property at any time to ascertain whether the requirements of this Bylaw are
being met.
Powers
8.6
Subject to applicable enactments, a Building Official may by notice in writing
require:
a) a person who contravenes any provision of this Bylaw to comply with that
provision within the time ordered;
b) an owner to stop work on a building or structure, or any part of a building or
structure, if the work is proceeding in contravention of this Bylaw, the
Building Code, or any other enactment of the City or other applicable
enactments, or if there is deemed to be an unsafe condition, and may enter
on property to affix or post a Stop Work Order;
c)
an owner to remove or prevent any unauthorized encroachment on a public
parcel, a statutory right of way or easement, or a setback or yard required
under an enactment;
d) an owner to remove any building or structure, or any part of a building or
structure, constructed in contravention of a provision of this Bylaw;
e) an owner to have work inspected by a Building Official prior to covering;
f)
an owner to uncover any work that has been covered without inspection
contrary to this Bylaw or an order issued by a Building Official;
g) a person to cease any occupancy in contravention of a provision of this
Bylaw;
h) a person to cease any occupancy if any unsafe condition exists because of
work being undertaken but not complete and where the Building Official has
not issued a final inspection notice for the work;
i)
an owner to correct any unsafe condition; and
Amended
by BL3314
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
11
j)
an owner to correct any work that contravenes this Bylaw, the
Building Code, or another applicable enactment.
8.7
Every reference to owner includes a reference to the owner's agent or
constructor.
8.8
Every person served with a notice under this Part must comply with that notice
a) within the time ordered; or
b) if no time is ordered, immediately.
9.
Owner's Responsibilities
9.1
Every owner must apply for and obtain a permit, prior to:
a) constructing, repairing, or altering a building or structure, including a pool or
retaining wall;
b) moving a building or structure into or within the City;
c)
demolishing a building or structure;
d) occupying a new building or structure;
e) constructing a masonry fireplace or installing a wood-burning appliance or
chimney, whether attached to, part of or detached from a building;
f)
changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
9.2
Every owner must ensure that plans submitted with a permit application bear the
name, phone number, address, and email address of the designer of the building
or structure.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
12
Owner's Obligations
9.3
Every owner must
a)
comply with the Building Code, the requirements of this Bylaw and the
conditions of a permit, and must not omit any work required by the
Building Code, this Bylaw, written instruction from a Building Official or the
conditions of a permit;
b)
ensure that all permits, all plans and specifications and supporting
documents on which a permit was based, all municipal inspection
certificates, and all professional field reviews are available at the site of the
work for inspection during working hours by the Building Official, and that all
permits are posted conspicuously on the site during the entire execution of
the work; and
c)
prior to the issuance of a building permit, execute and submit to the City the
owner's undertaking in the form attached as Schedule 1, where required by
the Building Official.
9.4
Every owner and every owner's agent, must carry out construction or have the
construction carried out in accordance with the requirements of the Building
Code, this Bylaw and other Bylaws of the City. None of the issuance of a permit
under this Bylaw, the review of plans and supporting documents, or inspections
made by a Building Official or a registered professional shall relieve the owner, or
their agent, from full and sole responsibility to perform the work in strict
accordance with this Bylaw, the Building Code and all other applicable codes,
standards, and enactments.
9.5
Every owner must allow a Building Official to enter any building or premises at
any reasonable time to administer and enforce this Bylaw. Every owner to whom
a permit is issued must, during construction:
a) post the civic address on the property so that it may be easily read from the
highway from which the property takes its address; and
b) post the permit on the property so that it may be easily read from the
highway from which the property takes its address.
Damage to Municipal Works
9.6
Every owner to whom a permit is issued is responsible for the cost to repair any
damage to municipal works or land that occurs during and arises directly or
indirectly from the work authorized by the permit.
9.7
In addition to payment of a damage bond under section 12 of this Bylaw, every
owner must pay to the City, within 30 days of receiving an invoice for same from
the City, the cost to repair any damage to public property or works located on
public property arising directly or indirectly from work for which a permit was
required or issued.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
13
Demolition
9.8
Prior to obtaining a permit to demolish a building or structure, the owner must:
a) comply with the requirements of the City of Port Moody Waste Management
Bylaw;
b) pay capping and inspection chamber installation fees as set out in the City's
Bylaws governing waterworks and sewer;
c)
ensure that all municipal services and other services are capped and
terminated at the property line in a City standard inspection chamber and
valve arrangement;
d) submit any geotechnical reports as required by the Building Official based
on hazardous lands identified under the City of Port Moody Official
Community Plan Bylaw;
e) submit a copy of the a WorkSafeBC Hazardous Materials Report and Notice
of Project if required by WorkSafeBC, as required by the Building Official;
f)
submit a report from a vector control company confirming there are no
vectors present on the property or all vector have been successfully
removed; and
g) date of building vacancy.
9.9
Every owner must ensure that, on completion of all demolition procedures, all
debris and fill are cleared and the site is levelled or graded, or made safe if
levelling and grading are not possible.
9.10
Every owner is responsible to secure the demolition site and all buildings from
unauthorized entry.
Notice
9.11
Every owner must give written or online notice to a Building Official of any
change in or termination of engagement of a registered professional, contractor,
or agent, including a coordinating registered professional, during construction,
within 24 hours of when the change or termination occurs.
9.12
If an owner or a registered professional terminates the engagement of the
registered professional, including a coordinating registered professional, the
owner must suspend all work under a building permit until the owner has
engaged a new registered professional, including a coordinating registered
professional, and has delivered to a Building Official new letters of assurance.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
14
9.13
Without limiting other sections of this Bylaw, every owner must call for an
inspection at least 24 hours prior:
a) to doing work that is required or ordered to be corrected during construction;
b) to covering work that is required under this Bylaw to be, or has been ordered
to be, inspected prior to covering; and
c)
when work has been completed so that a final inspection can be made.
9.14
Every owner must give notice in writing to a Building Official and pay the non-
refundable fee set out in the Fees Bylaw immediately upon any change in
ownership or change in the address of the owner which occurs prior to the
issuance of an occupancy permit or final building permit approval.
9.15
Every owner must give such other notice to a Building Official as may be required
by the Building Official or by a provision of this Bylaw.
10.
Obligations of Owner's Constructor
10.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the Building Code, this Bylaw and all other applicable, codes,
standards, and enactments.
10.2
Every constructor must ensure that no excavation or other work is undertaken on
public property, and that no public property is disturbed, no building or structure
erected, and no materials stored thereon, in whole or in part, without first having
obtained approval in writing from the appropriate authority over such public
property.
10.3
For the purposes of the administration and enforcement of this Bylaw, every
constructor is responsible jointly and severally with the owner for all work
undertaken.
11.
Registered Professional's Responsibilities
Professional Design and Field Review
11.1
The provision by the owner to the City of letters of assurance in accordance with
the requirements of the Building Code shall occur prior to
a) the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building; or
b) a final inspection for a standard building in circumstances where letters of
assurance have been required in accordance with the requirements of the
Building Code, in which case the owner must provide the City with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to
in the Building Code.
Amended
by BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
15
11.2
If a registered professional provides letters of assurance in accordance with the
Building Code, they must also provide proof of professional liability insurance to
the Building Official in the form and amount set by Schedule 4 to this Bylaw.
Requirement for a Registered Professional
11.3
The owner must retain a registered professional to provide a professional design
and plan certification and letters of assurance in the form of Schedules A, B, C-A,
and C-B referred to in the Building Code, in respect of a permit application:
a) prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex
building;
b) prior to a final inspection for a standard building in circumstances where
letters of assurance have been required in accordance with the
requirements of the Building Code, in which case the owner must provide
the City with letters of assurance in the form of Schedules C-A or C-B, as
appropriate, referred to in the Building Code;
c)
a building that is designed with common egress systems for the occupants
and requires the use of firewalls in accordance with the Building Code;
d) prior to alterations to a building, or to a structural component of a building
described in paragraph (b);
e) for a building in respect of which the Building Official determines that site
conditions, size, or complexity so warrant in the interests of safety of
persons or protection of property under the Building Code;
f)
if the building envelope components of the building fall under Division B
Part 3 of the Building Code, the building contains more than two dwellings,
or if the building envelopes do not comply with the prescriptive requirements
of Division B Part 9 of the Building Code; and
g) for a parcel of land on which a building or structure is proposed if the
Building Official believes the parcel is or is likely to be subject to flooding,
mud flows, debris flows, debris torrents, erosion, land slip, rock falls,
subsidence, or avalanche, and the requirement for a professional design is
in addition to a requirement under Division 8 of Part 3 of the
Community Charter:
i)
for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the use
intended; and
ii)
that the plans submitted with the application comply with the relevant
provisions of the Building Code and applicable Bylaws of the City.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
16
11.4
The Building Official may require any registered professional carrying out the
professional design and field review required under section 11.3 to provide
evidence that they have experience and expertise in respect of the professional
design and field review of the context and scope required.
Professional Plan Certification
11.5
The letters of assurance in the form of Schedules A and B as referred to in the
Building Code referred to in this section are relied upon by the City and its
Building Officials as certification that the design and plans to which the letters of
assurance refer comply with the Building Code, this Bylaw, and other applicable
enactments.
11.6
Letters of assurance must be in the form of Schedules A and B referred to in the
Building Code.
11.7
For a building permit issued under this section for the construction of a building,
the Building Official will provide the owner with a notice that the building permit is
issued in reliance on the certification of the registered professional that the
professional design and plans submitted in support of the application for the
building permit comply with the Building Code and other applicable enactments.
Any failure on the part of the Building Official to provide the owner with the notice
will not diminish or invalidate the reliance by the City or its Building Officials on
the registered professionals.
11.8
If a building permit is issued under this section for a construction of a building,
the permit fee is reduced by 2.5% of the fees payable under the
City of Port Moody Fees Bylaw.
12.
Building Application Requirements
Requirements for Applying for a Building Permit
12.1
Prior to issuance of a building permit, the owner must satisfy the following
requirements or conditions:
a) the owner must apply for and obtain a development permit if the building or
structure is in an area designated by the City's of Port Moody's Official
Community Plan Bylaw as a development permit area;
b) the owner must ensure that the proposed building or structure complies with
all Bylaws of the City, except to the extent a variance of a Bylaw is
authorized by a development permit, development variance permit, or order
of the Board of Variance;
c)
an approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or
structure will be constructed, and the subdivision plan must have been
registered in the Land Title Office;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
17
d) the owner must provide evidence to the Building Official showing that the
person applying for the building permit is either the owner of the parcel that
is the subject of the proposed building permit, or is the agent of the owner, in
which case, the agent must provide the name and contact information of the
owner;
e) if the parcel that is the subject of the building permit application is not
intended to be connected to the City's sewage disposal system, the owner
must apply for and obtain approval from the City and other applicable public
authorities for an alternate private sewage disposal system;
f)
if the parcel that is the subject of the building permit application is not
intended to be connected to the City's waterworks system, the owner must
apply for and obtain approval from the City and other applicable public
authorities for an alternate water supply system;
g) if the parcel that is the subject of the building permit application is not
intended to be connected to the City's storm water drainage system, the
owner must apply for and obtain approval from the City and other applicable
public authorities for the alternate storm water drainage and detention
system; and
h) if all on-site and off-site works and services required by a City Bylaw or other
enactment have not been completed in accordance with the enactments, the
owner must enter into a completion agreement with the City and deliver to
the City letters of credit or cash security for completion of the works and
service.
Building Permit Applications for Complex Buildings
12.2
An application for a building permit with respect to a complex building must
a) be made with a complete Building Permit Application Form and signed by
the owner, or by a signing officer if the owner is a corporation;
b) be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form attached as Schedule 2 to this Bylaw and
signed by the owner, or a signing officer if the owner is a corporation;
c)
include a copy of a title search for the relevant property made within 30 days
of the date of the permit application;
d) include a Building Code compliance summary including the applicable
edition of the Building Code, such as without limitation whether the building
is designed under Part 3 or Part 9 of the Building Code, major occupancy
classification(s) of the building, building area and building height, number of
streets the building faces, and accessible entrances, work areas,
washrooms, firewalls, and facilities;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
18
e) include a current, sealed copy of a survey plan prepared by a
British Columbia land surveyor;
f)
include a site plan prepared by a registered professional showing:
i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
ii)
the legal description and civic address of the parcel;
iii)
the location and dimensions of existing and proposed statutory rights
of way, easements and setback requirements, and adjacent street and
lane names;
iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
v)
setbacks to the natural boundary of any lake, swamp, pond,
watercourse, or sea;
vi)
north arrow;
vii)
if applicable, location of an approved existing or proposed private or
other alternative sewage disposal system, water supply system, or
storm water drainage system;
viii) zoning compliance summary;
ix)
the location, dimensions, and gradient of parking and parking access;
x)
proposed and existing setbacks to property lines;
xi)
natural and finished grade at all building corners and significant breaks
in the building plan and proposed grade around the building faces in
order to ascertain foundation height;
xii)
first storey floor elevation;
xiii) location, setbacks, and elevations of all retaining walls, steps, stairs,
and decks;
xiv) line of upper floors;
xv)
location and elevation of curbs, sidewalks, manholes, and service
poles;
xvi) location of existing and proposed service connections;
xvii) location and species of all trees greater than 10 centimetres in
diameter;
xviii) location of top of bank and water courses;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
19
xix) access routes for firefighting;
xx)
accessible paths of travel from the street to the building;
xxi) geodetic elevation of the underside of a wood floor system or the top of
a finished concrete slab of a building or structure where the City's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that the Building Official may waive, in whole or in part, the
requirements for a site plan, if the permit is sought for the repair or alteration
of an existing building or structure;
g)
include floor plans showing the dimensions and uses and occupancy
classification of all areas, including: the dimensions and height of crawl and
roof spaces; the location, size and swing of doors; the location, size, and
opening of windows; floor, wall, and ceiling finishes; fire separations;
plumbing fixtures; structural elements; and stair dimensions;
h)
include a cross-section through the building or structure in sufficient detail
and locations to illustrate foundations, drainage, ceiling heights, and
construction systems;
i)
include elevations of all sides of the building or structure showing finish
details, roof slopes, windows, doors, natural and finished grade, spatial
separations, and ridge height to comply with the Building Code and to
illustrate that the building or structure conforms with the City of Port Moody
Zoning Bylaw and development permit requirements;
j)
include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the
Building Code;
k)
include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6,
and 2.2.9, Division C of the Building Code;
l)
include copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits, highway
access permits, and ministry of health approvals;
m) include a letter of assurance in the form of Schedule A referred to in
subsection 2.2.7 Division C, of the Building Code, signed by the owner, or a
signing officer if the owner is a corporation, and the coordinating registered
professional;
n)
include letters of assurance in the form of Schedule B referred to in
subsection 2.2.7 Division C, of the Building Code, each signed by such
registered professionals as the Building Official or Building Code may
require to prepare the design for and conduct field reviews of the
construction of the building;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
20
o)
include two sets of drawings at a suitable scale of the design prepared by
each registered professional containing the information set out in (g) to (k) of
this section; and
p)
include illustration of any slopes on the subject parcel that exceed 30%.
12.3
In addition to the requirements of section 12.2 of this Bylaw, a Building Official
may require the following to be submitted with a permit application for the
construction of a complex building if the complexity of the proposed building or
structure or siting circumstances warrant
a) site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional, in accordance with the City of Port Moody Subdivision and
Development Servicing Bylaw;
b) a section through the site showing grades, buildings, structures, parking
areas, and driveways; and
c)
any other information required by the Building Official or the Building Code
to establish substantial compliance with this Bylaw, the Building Code and
other Bylaws and enactments relating to the building or structure.
Building Permit Applications for Standard Buildings
12.4
An application for a building permit with respect to a standard building must
a) be made with a complete Building Permit Application Form and signed by
the owner, or a signing officer if the owner is a corporation;
b) be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form attached as Schedule 2 and signed by the
owner, or a signing officer if the owner is a corporation;
c)
include a copy of a title search for the relevant property made within 30 days
of the date of the permit application;
d) include a current, sealed copy of a survey plan prepared by a
British Columbia land surveyor except that the Building Official may waive
the requirement for a survey plan, in whole or in part, where conditions
warrant;
e) include a site plan showing:
i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
ii)
the legal description and civic address of the parcel;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
21
iii)
the location and dimensions of existing and proposed statutory rights
of way, easements and setback requirements, and adjacent street and
lane names;
iv)
the location and dimensions of existing and proposed buildings or
structures on the parcel;
v)
setbacks to the natural boundary of any lake, swamp, pond,
watercourse, or sea;
vi)
north arrow;
vii)
if applicable, location of an approved existing or proposed alternative
private or other sewage disposal system, water supply system, or
storm water drainage system;
viii) the location, dimensions, and gradient of parking and parking access;
ix)
proposed and existing setbacks to property lines;
x)
natural and finished grade at all property corners, all building corners,
and datum determination points;
xi)
first storey floor elevation;
xii)
location, setbacks, and elevations of all retaining walls, steps, stairs,
and decks;
xiii) line of upper floors;
xiv) location and elevation of curbs, sidewalks, manholes, and service
poles;
xv)
location of existing and proposed service connections;
xvi) location and species of all trees greater than 10 centimetres in
diameter;
xvii) location of top of bank and water courses;
xviii) access routes for firefighting;
xix) accessible paths of travel from the street to the building;
xx)
zoning compliance summary;
xxi) the geodetic elevation of the underside of a wood floor system or the
top of a finished concrete slab of a building or structure where the
City's land use regulations or provincial flood mapping regulations
establish siting requirements related to minimum floor elevation; and
xxii) identify compliance with section 19 [Access Routes for Fire Vehicles]
of this Bylaw,
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
22
except that for a standard building, the Building Official may waive, in whole
or in part, the requirements for a site plan, if the permit is sought for the
repair or alteration of an existing building;
f)
include floor plans showing the dimensions and uses of all areas, including:
the dimensions and height of crawl and roof spaces; the location, size, and
swing of doors; the location, size, and opening of windows; floor, wall, and
ceiling finishes; plumbing fixtures; structural elements; and stair dimensions;
g) include a cross-section through the building illustrating foundations,
drainage, ceiling heights, and construction systems;
h) include elevations of all sides of the building showing finish details, roof
slopes, windows, doors, the grade, the maximum building height line, ridge
height, spatial separations, and natural and finished grade to comply with
the Building Code and to illustrate that the building or structure conforms
with the City of Port Moody Zoning Bylaw and development permit
requirements;
i)
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;
j)
include copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits, highway
access permits, and Ministry of Health approvals;
k)
except for garages, carports, and garden structures located on land, include
a foundation and excavation design prepared by a registered professional in
accordance with the Building Code;
l)
include geotechnical letters of assurance, in addition to a required
geotechnical report, if the Building Official determines that the site conditions
so warrant;
m) include two sets of drawings at a suitable scale of design including the
information set out in (f) to (i) of this section; and
n) include a Building Code compliance summary including the applicable
edition of the Building Code, such as, without limitation, whether the building
is designed under Part 3 or Part 9 and compliance with article 2.2.2.1(2),
Division C of the Building Code.
12.5
In addition to the requirements of section 12.4 of this Part, if a project involves:
a) two or more buildings, the gross floor areas of which in the aggregate total
more than 1,000 square metres;
b) two or more buildings that will contain four or more dwelling units; or
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
23
c)
otherwise if the complexity of the proposed building or structure or siting
circumstances warrant, a Building Official may require the following be
submitted with a permit application for the construction of each standard
building in the project:
i)
a section through the site showing grades, buildings, structures, parking
areas, and driveways;
ii) a roof plan and roof height calculations;
iii) structural, electrical, plumbing, mechanical, or fire suppression drawings
prepared and sealed by a registered professional;
iv) letters of assurance in the form of Schedule B referred to in Division C of
the Building Code, signed by a registered professional; and
v) 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.
Site and Location Information
12.6
Without limiting other sections of this Part, the Building Official may in writing
require an owner to submit an up-to-date plan or survey prepared by a registered
British Columbia land surveyor which contains sufficient information respecting
the site and location of any building to:
a)
establish, before construction begins, that all the provisions of this Bylaw in
relation to this information will be complied with;
b)
verify, on completion of the construction, that all provisions of this and other
applicable Bylaw have been complied with;
c)
in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at, or below ground level, relative to the site
or its relationship to neighbouring grades; and
d)
in relation to construction of a new building, or addition to an existing
building, prior to and after the placement of concrete for foundations and
footings, show the elevation at proposed top of concrete on all building
elevations and at all significant changes of elevation to substantiate its size,
location, and elevation;
and every person served with a written requirement under this section must
comply with the requirement.
Building Permit Fee
12.7
Before receiving a building permit for a building or structure, the owner must first
pay to the City:
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
24
a)
the building permit fee prescribed in Fees Bylaw; and
b)
any fees, charges, levies, or taxes imposed by the City and payable under
an enactment at the time of issuance of the building permit.
Damage Bond with Building Permit Application
12.8
An applicant for a building permit must pay to the City, at the time of permit
issuance a damage bond.
12.9
The damage bond sum set out in the Fees Bylaw:
a)
covers the cost borne by the City to maintain, restore, or replace any public
works or public lands which are destroyed, damaged, or otherwise impaired
in the carrying out of the work referred to in any building permit held by the
applicant;
b)
covers the cost borne by the City to make the site safe if the permit holder
abandons or fails to complete the work as designated on the permit;
c)
serves as the security deposit for provisional occupancy when such a final
inspection notice makes provision for a security deposit; or
d)
serves as a security deposit to effect compliance with any condition under
which the permit was issued.
12.10 The damage bond or applicable portion will be returned to the payee:
a) when the Building Official is satisfied that no further damage to public works
or public lands will occur;
b) when the inspections required by this Bylaw are complete and acceptable to
the Building Official;
c)
when the conditions or provisions of a provisional certificate of occupancy
are completed to the satisfaction of the Building Official; and
d) when off-site servicing works are completed and acceptable to the
Building Official and City's Engineering Department.
12.11 Any credit greater than the amount of the damage bond used by the City for the
purposes described in subsections 12.8 to 12.10 of this Part will be returned to
the permit holder unless otherwise so directed by the permit holder. Any amount
in excess of the security deposit required by the City to complete corrective work
to public lands, public works, or the site is recoverable by the City from the permit
holder, the constructor, or the owner of the property.
Permit Fee Refunds
12.12 No fee or part of a fee paid to the City may be refunded if construction of the
building has started.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
25
12.13 A building permit or other permit fee may be partially refunded, only if:
a) the owner has submitted a written request for a refund;
b) the Building Official has certified a start has not been made on the
construction of the building or structure; and
c)
the permit has not expired.
12.14 A building permit or other permit fee is not refundable after the permit has been
extended under subsection 12.46 [Permit Extension].
Design Modification
12.15 If an issued building permit or other permit is active and the owner proposes
modification to the building design whereby the value of the work does not
increase or the value of the work decreases, the owner must pay to the City a
Rechecking of Building Plans fee as established in the Fees Bylaw.
Construction Before Permit Issued
12.16 The building permit or other permit fee is doubled for every permit application if
construction commenced before the Building Official issued a permit, to a
maximum of $10,000.00.
Expiration of Application for a Permit
12.17 A building permit application expires six (6) months from the date of a complete
application is received under this Part if the building permit is not issued by the
application expiration date, unless the permit is not issued only due to delays
caused by the City.
Issuance of a Building Permit
12.18 If:
a) a completed application in compliance with sections 12.1 -12.6 of this Part,
including all required supporting documentation, has been submitted;
b) the owner has paid all applicable fees set out in this Bylaw and the
Fees Bylaw;
c)
the owner or their representative has paid all charges and met all
requirements imposed by any other statute or Bylaw;
d) the owner has retained a professional engineer or geoscientist if required
under this Bylaw;
e) the owner has retained an architect if required under this Bylaw; and
f)
no covenant, agreement, resolution, or regulation of the City requires or
authorizes the permit to be withheld;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
26
the Building Official must issue the permit, for which the application is made, and
the date of issuance is deemed to be the date the City gives written notice to the
owner that the permit is ready to be picked up by the owner.
12.19 Despite subsection 12.18, the Building Official may refuse to issue a permit when
the owner has been notified of a violation of this Bylaw about the construction of
another building or structure by the owner.
Compliance with the Homeowner Protection Act
12.20 If the application is in respect of a building that includes, or will include, a
residential occupancy governed by the Homeowner Protection Act, the building
permit must not be issued unless the owner provides evidence under section
30(1) of the Homeowner Protection Act, that the proposed building:
a) is covered by home warranty insurance; and
b) the constructor is a licensed "residential builder" as defined in that Act.
12.21 Subsection 12.20 of this Part 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.
12.22 Every permit is issued subject to the owner and constructor maintaining
compliance with the Homeowner Protection Act and negotiations under it during
the term of the permit.
Partial Construction
12.23 If a site has been excavated under a building permit for excavation issued under
this Bylaw and a building permit is not subsequently issued or a subsisting
building permit has expired, but without the construction of the building or
structure for which the building permit was issued having commenced, the owner
must fill in the excavation to restore the original gradients of the site within 60
days of being served notice by the City to do so.
12.24 If a building permit has expired and partial construction has progressed, with no
extension requested of the Building Official, permanent type fencing with privacy
screen complying with the City of Port Moody Zoning Bylaw, must be erected
around the building site for protection to the public.
Conditions of a Building Permit
12.25 A building permit or an application for a building permit that is in process may not
be transferred or assigned until the owner has notified the Building Official in
writing, the Building Official has authorized the transfer or assignment in writing
and the owner has paid the non-refundable fee required by the Fees Bylaw. The
transfer or assignment of a building permit is not an extension of a building
permit.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
27
12.26 The review of plans and supporting documents and issuance of a building permit
do not prevent the Building Official from subsequently requiring the correction of
errors in the plans and supporting documents, or from prohibiting building
construction or occupancy being carried on when in violation of this or another
Bylaw.
Inspections
12.27 If a registered professional provides letters of assurance in accordance with
Section 12, the City will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this Bylaw and
the Building Code as assurance that the construction substantially conforms to
the design, plans, and specifications and that the construction complies with the
Building Code, this Bylaw, and other applicable enactments respecting safety.
12.28 Despite subsection 12.27, 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.
12.29 A Building Official may attend periodically at the site of the construction of
standard buildings or structures to ascertain whether the work is being carried
out in substantial conformance with the Building Code, this Bylaw, and any other
applicable enactments concerning safety.
12.30 For all work in respect of standard buildings the owner must give at least
24 hours' notice to the City when requesting an inspection and must obtain an
inspection and receive a Building Official's written acceptance of the following
aspects of the work prior to concealing them:
a) after demolition, the grading of and removal of debris from the site;
b) foundation and footing forms, before concrete is poured;
c)
after removal of formwork from a concrete foundation and installation of
perimeter drainpipe and damp proofing, but prior to backfilling against the
foundation;
d) prior to inspection under section 12.30(e), plumbing located below the
finished slab level;
e) the preparation of ground, including ground cover when required, perimeter
insulation on inside of concrete foundation walls, and reinforcing steel;
f)
after inspection under section 12.30(e) hydronic heating pipes (if applicable)
and below slab insulation;
g) before a building drain, water service, sanitary, or storm sewer is covered,
and if any part of this plumbing system is covered before it is inspected and
approved, it shall be uncovered if a Building Official so directs, and when the
Building Official considers it necessary, underground building drains,
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
28
branches, storm drains, and sewers shall be re-tested after the completion
of all backfilling and grading by heavy equipment;rough in of factory built
chimneys and fireplaces and solid fuel burning appliances;
h) framing, sheathing, fire blocking, fire stopping (including drywall in fire
separations), bracing, chimney and ductwork, rough wiring, rough plumbing,
rough heating, gas venting, exterior doors and windows, but prior to the
installation of insulation, interior finishes, sheathing paper, or exterior
finishes which would conceal such work;
i)
insulation and vapour barrier;
j)
construction of an exterior deck;
k)
on-site constructed tubs or showers and tub or shower trap tests;
l)
the installation of, externally applied vapour or air barrier, but prior to the
installation of exterior finishes which could conceal such work; and
m) the health and safety aspects of the work and the conservation, GHG
emission reduction and accessibility aspects of the work when the building
or structure is substantially complete and ready for occupancy but prior to
occupancy.
12.31 Requests for inspections under 12.30 of this Bylaw must be made through the
City's website or by telephone before 4:00pm on the day before the requested
date of inspection.
12.32 Despite the requirement for the Building Official's acceptance of the work
outlined in subsection 12.31, if a registered professional provides letters of
assurance, the City will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this Bylaw as
assurance that the aspects of the construction referenced by those letters of
assurance substantially conform to the design, plans, and specifications and that
the construction complies with the Building Code, this Bylaw, and other
applicable enactments respecting safety.
12.33 No person may conceal any aspect of the work referred to in section 12.30 of this
Bylaw until a Building Official has accepted it in writing.
12.34 For work in respect of complex buildings, the owner must:
a) give at least 48 hours' notice to the City when requesting a preconstruction
meeting with the Building Official prior to the start of construction, and the
owner or agent must ensure that the coordinating registered professional,
the constructor, as well as representatives of major trades, are in
attendance;
b) give at least 48 hours' notice to the City when requesting a pre- occupancy
coordinated by the coordinating registered professional or other registered
Replaced
by BL3314
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
29
professional to have the owner, the constructor, and the registered
professionals demonstrate to the Building Official and to Port Moody
Fire Rescue officials that the compliance with the health and safety aspects
of the work, the coordination and integration of the fire and life safety
system, applicable City requirements, and other enactments respecting
safety and the conservation, GHG emission, and accessibility aspects of the
work; and
c)
cause the coordinating registered professional, at least 48 hours prior to the
pre-occupancy coordinated site review coordinated by the coordinating
registered professional, to deliver to the Building Official the Occupancy
Checklist (as prescribed by the Building Official) complete with all
documentation in a hard covered three ring binder.
Stop Work Order
12.35 The Building Official may direct the immediate suspension or correction of all or a
portion of the construction on a building or structure by attaching a Stop Work
Order on the premises whenever it is found that the work is not being performed
in accordance with the requirements of the Building Code, any applicable Bylaw
of the City, or the applicable provisions of the Homeowner Protection Act.
12.36 The coordinating registered professional may request, in writing, that the Building
Official order the immediate suspension or correction of all or a portion of the
construction on a building or structure by attaching a Stop Work Order on the
premises. The Building Official will consider such a request and, if not acted
upon, will respond, in writing, to the coordinating registered professional and give
reasons.
12.37 If a coordinating registered professional's services are terminated, the owner
must immediately stop any work that is subject to their design or field review, and
the Building Official is deemed to have issued a Stop Work Order under section
12.36.
12.38 The owner must immediately, after the posting of a Stop Work Order under
section 12.36, secure the construction and the lands and premises surrounding
the construction in compliance with the safety requirements of every statute,
regulation, or order of the Province or of a provincial agency, and of every
applicable Bylaw of the City.
12.39 Subject to section 12.36, no work other than the required remedial measures
may be carried out on the parcel affected by the Stop Work Order referred to in
section 10.36 until the Stop Work Order has been removed by the Building
Official.
12.40 The Stop Work Order referred to in section 12.36 must remain posted on the
premises until that which is contrary to the enactments has been remedied.
Amended
by BL3314
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
30
Do Not Occupy Notice
12.41 If a person occupies a building or structure or part of a building or structure in
contravention of this Bylaw, a Building Official may post a Do Not Occupy Notice
on the affected part of the building or structure.
12.42 If a notice is posted under section 12.42, the owner of a parcel on which a Do
Not Occupy Notice has been posted, and every other person, must cease
occupancy of the building or structure immediately and refrain from further
occupancy until all applicable provisions of the Building Code and this Bylaw
have been substantially complied with and the Do Not Occupy Notice has been
rescinded in writing by a Building Official.
12.43 Following a damage assessment of a building or structure after a significant
event (fire, earthquake, flood, and vehicle impact) the Building Official may post a
Do Not Occupy Notice.
Inspection and Other Fees
12.44 In addition to the fees required under other provisions of this Bylaw, the owner
must pay the following non-refundable fee set out in the Fees Bylaw:
a) a second and each subsequent re-inspection where it has been determined
by the Building Official that due to non-compliance with the provisions of this
Bylaw or due to non-complying work, more than one site visit is required for
any required inspection;
b) a special inspection during the City's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements
because of time, location, or construction techniques; and
c)
inspection required under this Bylaw which cannot be carried out during the
City's normal business hours.
Permit Expiration
12.45 Every permit is issued on the condition that the permit expires and the rights of
the owner under the permit terminate if:
a) the work authorized by the permit is not commenced within six (6) months
from the date of issuance of the permit;
b) work is discontinued for a period of six (6) months; or
c)
the work is not completed within two years of the date of issuance of the
permit.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
31
Permit Extension
12.46 A Building Official may extend the period set out under section 12.44 for only one
period, not to exceed 12 months, if construction has not been commenced or has
been discontinued due to adverse weather, strikes, material or labour shortages,
other similar hardship beyond the owner's control, or if the size and complexity of
the construction warrants, if:
a) application for the extension is made at least 30 days prior to the date of
permit expiration; and
b) the non-refundable fee set out in Fees Bylaw has been paid.
Building Permit Revocation
12.47 The Building Official may revoke a building permit if there is a violation of:
a) a condition under which the permit was issued; or
b) a requirement of the Building Code or of this or another Bylaw of the City,
such permit revocation must be in writing and sent to the permit holder by
signature mail to, or personal service on, the permit holder.
Building Permit Cancellation
12.48 A building permit, or a building permit application, may be cancelled by the
owner, or their agent, on delivery of written notification of the cancellation to the
Building Official.
12.49 On receipt of the written cancellation notice, the Building Official will mark on the
application, and a permit if applicable, the date of cancellation and the word
"cancelled".
12.50 If the owner or their agent, submits changes to an application after a permit has
been issued and the changes, in the opinion of the Building Official, substantially
alter the scope of the work, design, or intent of the application in respect of which
the permit was issued, the Building Official may cancel or amend the permit and
mark on the permit the date of cancellation or amendment and the word
"cancelled" or "amended".
12.51 If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the Building Official must return to the owner any
fees deposited, less:
a) any non-refundable portion of the fee; and
b) 15% of the refundable portion of the fee.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
32
Occupancy
12.52 No person may occupy a building or structure or part of a building or structure
until a final inspection notice has been issued by a Building Official.
12.53 A final inspection notice may be withheld unless:
a) all letters of assurance have been submitted when required in accordance
with this Bylaw;
b) all aspects of the work requiring inspection and acceptance pursuant to this
Section of this Bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with this Bylaw;
c)
the owner has delivered to the City as-built plans of works and services in
digital format as required by the City;
d) the owner has provided to the City a building survey prepared by a
British Columbia Land Surveyor showing the building height, size, location,
and elevation determined in accordance with the City's land use regulations;
e) all other documentation required under applicable enactments has been
delivered to the City; and
f)
the owner has delivered to the City as-built drawings of the building or
structure in digital format as required by the City.
12.54 When a registered professional provides letters of assurance in accordance with
this Bylaw, the City will rely solely on the letters of assurance when issuing a final
report authorizing occupancy as assurance that the items identified on the letters
of assurance substantially comply with the design, the Building Code, this Bylaw,
and other applicable enactments respecting safety.
12.55 A Building Official may issue a final inspection notice for partial occupancy of a
portion of a building or structure under construction when:
a) that portion of the building or structure is self-contained and provided with
essential services respecting health and safety aspects of the work, and if
applicable, accessibility, GHG emissions, and conservation; and
b) the requirements set out in subsection 12.53 have been met with respect to
it.
12.56 A final inspection notice may not be issued unless:
a) all letters of assurance have been submitted when required in accordance
with the requirements of this Bylaw;
b) all aspects of the work requiring inspection and review pursuant to this
Section of this Bylaw have both been inspected and accepted;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
33
c)
the owner has executed and delivered to the City every agreement,
instrument, or form required by the City in relation to the work or the site;
and
d) all required offsite works respecting safety have been completed.
Temporary Buildings
12.57 Subject to the Bylaws of the City and orders of Council, the Building Official may
issue a building permit for the erection or placement of a temporary building or
structure for occupancy if:
a) the permit is for a period not exceeding one year; and
b) the building or structure is located in compliance with the City's zoning
Bylaw, built in compliance with the Building Code and this Bylaw, and
connected, as required by enactments, to City utility services.
12.58 An application for a building permit for the erection or placement of a temporary
building or structure must be made in the form of a temporary permit application
under Schedule 2, signed by the owner or agent, and must include:
a) plans and supporting documents showing the location and building height of
the building or structure on the parcel;
b) plans and supporting documents showing construction details of the building
or structure;
c)
a statement by the owner indicating the intended use and duration of the
use;
d) plans and supporting documents showing the proposed parking and loading
space;
e) a written description of the project explaining why the building is temporary;
f)
a copy of an issued development permit, if required;
g) in the case of a manufactured building, a CSA label in respect of
manufacture and, without limitation, a Quonset or other steel building must
be certified in accordance with CSA Standard A660;
h) a report or drawing by an engineer, architect, or designer confirming
compliance with the Building Code, this Bylaw, the City of Port Moody
Zoning Bylaw and other applicable Bylaws;
i)
security in the form of cash or a letter of credit for 10% of the value of the
temporary building, which security:
i)
may be used by the City to remove the building after one year of the
date of the final inspection required under this Bylaw; or
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
34
ii)
must be returned to the owner if the owner removes the temporary
building within one year of the date of the final inspection of the
temporary building required under this Bylaw; and
j)
in the case of a temporary building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code.
12.59 Before receiving a building permit for a temporary building, or structure for
occupancy, the owner must pay to the City the applicable building permit fee set
out in Fees Bylaw.
12.60 A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
12.61 During the time a building permit has been issued and remains valid under this
Bylaw, the owner must provide on the parcel of land in respect of which the
permit has been issued, sanitary facilities for the disposal of human waste from
individual persons who enter on the parcel in relation to the work referred to in
the permit. The facilities must be accessible and unlocked when not occupied
while work is being carried out on the parcel under this Bylaw and must be
provided, at all times the facility is required under this Bylaw, with toilet paper, a
locking door for privacy, and ventilation, and must be kept in sanitary condition
without leaking beyond the facility and without overflowing within the facility.
Such facilities must be located so as not to create a nuisance to neighbouring
parcels or highways.
Site Security
12.62 When a permit is issued for construction or demolition, activities that may
constitute a hazard to the public, will require a strongly constructed temporary
fence, boarding or barricade not less than 1.8m high to be erected between the
site or hazard and areas where the public has access or the open sides of a
construction site or hazard area when and where required by the Building
Official.
13.
Retaining Walls, Landscape Walls, and Grades
Retaining Walls and Landscape Walls
13.1
No person may construct, or structurally repair, a retaining wall without a building
permit.
13.2
Except as certified by a professional engineer with expertise in geotechnical
engineering registered in the province of British Columbia, fill material placed on
a parcel, unless restrained by permitted retaining walls, must not have a surface
slope exceeding a ratio of one linear unit vertically to two linear units horizontally.
13.3
Retaining walls and landscape walls are not permitted to be constructed of
un-cemented rock or boulder piles.
Amended
by BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
35
13.4
Retaining walls and landscape walls are not permitted to be constructed of
Creosote timbers or petroleum based additives.
13.5
Landscape walls do not require a building permit except:
a) multiple landscape walls with a setback ratio less than two horizontal to one
vertical require a building permit.
Excavation
13.6
Excavations adjacent to a property line or Statutory Right of Way that may affect
the stability of the surrounding soil may not commence until the Building Official's
acceptance of an excavation plan prepared by a registered professional with
expertise in geotechnical Engineering and under review of the same registered
professional.
14.
Plumbing
Requirements and Specifications
14.1
The design, installation, and maintenance of every plumbing system shall
conform to this Bylaw and the Building Code [Plumbing Services].
14.2
A plumbing system shall not be constructed, extended, altered, or renewed or a
change made to a sewer unless a permit to do so has been obtained.
14.3
Where a permit is required, the plumbing system shall not be put into use until it
has been tested and accepted by the Building Official.
Grease Interceptors
14.4
Grease interceptors are to be installed and maintained in food sector
establishments that discharge wastewater containing oil and grease in
accordance with the Greater Vancouver Sewerage & Drainage District, Food
Sector Grease Interceptor Bylaw No. 268, 2012.
14.5
Interceptors are to be designed and sized with a flow capacity not less than the
maximum discharge from fixtures connected to it and in no case smaller than
3.2 L/S (50 U.S.G.P.M.)
Sanitary Sewer Connections
14.6
Building sanitary sewer connections for all properties shall be fitted with an
inspection chamber or manhole near as possible to the property line conforming
to the City of Port Moody's' Subdivision Control Bylaw.
Storm Drainage
14.7
All storm drainage systems are to be connected to the City's storm drainage
system and intercepted with sumps.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
36
14.8
Catch basins and sumps are to be installed in accordance with the drawing
annexed to this Bylaw as Schedule 8 and connected to the City's storm drainage
system.
14.9
Building storm sewers that are connected to the City's Storm Sewer shall be
fitted with an inspection chamber or manhole as near as possible to the property
line conforming to the City of Port Moody Subdivision Control Bylaw and all
amendments thereto.
14.10 A private storm drainage system is permitted to be connected to a drywell or
rockpit only when approved by the Building Official, and the subsoil conditions
are suitable as determined by a soils report prepared by an Engineer with
experience in geotechnical matters.
Fire Sprinklers
14.11 The design, installation, and maintenance of every fire sprinkler system shall
conform to this Bylaw and the Building Code.
14.12 A fire sprinkler system shall not be installed, extended, altered, or renewed
unless a permit to do so has been issued by the Building Official.
15.
Building Move
15.1
No person shall move any building from one parcel of land to another parcel of
land within the City without first obtaining a moving permit.
15.2
Prior to obtaining a moving permit, the owner of a building or part thereof to be
moved to a property within the City shall:
a) designate the existing site of the building and the proposed site to which it is
to be moved.
b) deposit with the City a certified cheque or an Irrevocable Letter of Credit in
the amount of Twenty thousand ($20,000.00) dollars issued by a financial
institute or guaranty company in Canada and in a form satisfactory to the
City, to ensure that the exterior of the building or part thereof will be
completed within ninety (90) days from the date of issuance of the permit. If
the owner does not comply with the above, the Building Official shall notify
the owner in writing stating how the building does not comply with this Bylaw
and directing him to remedy such non-compliance within thirty (30) days
from the date of the said notice. If the non-compliance is not remedied within
the said period of thirty (30) days, the deposit in the sum of Twenty thousand
($20,000.00) dollars shall be forfeited to the City;
c)
deposit with the Building Official;
i)
a security in the sum of ten thousand ($10,000.00) dollars in a form
satisfactory to the City, to indemnify the City against all damages to
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
37
public and municipal property of every kind, howsoever caused or
occasioned by the moving of said building;
ii)
a policy of public liability and property damage insurance in a form
satisfactory to the City, in the all-inclusive limits of Five Million
($5,000,000.00) dollars to ensure against damages imposed by law
arising out of the moving of said building;
d) pay to the City, in advance, the fee as prescribed in the Fees and Charges
Bylaw for an inspection of the building to be moved.
e) satisfy the Building Official that the Chief of Police and the General Manager
of Engineering and Operations have approved the time and route of moving
the said building and that notice of the moving has been given to utility
companies having overhead wires along the said route.
15.3
A person must not move a building into the City or to another parcel of land
within the City for use as a dwelling house, unless:
a) such building has an assessed value of at least $75,000.00 as shown on the
last assessment roll upon which such building was assessed; and
b) such building has an assessed value of at least 90% of the average
assessed value of all buildings within 45 meters of the site or parcel to which
it is to be moved as shown on the last assessment rolls upon which such
buildings were assessed; and
c)
the Building Official is satisfied that the building can be moved safely and
without damage to other property.
15.4 A Building Official may waive the requirements of 15.3 of this Bylaw if a building
proposed to be move has heritage value as determined by the General Manager of
Planning and Development for the City.
16.
Numbering of Buildings
16.1
Immediately upon issuance of a building permit governing the construction,
alteration or repair of a building, or prior to and during the occupancy of a
building, the owner or occupant must display the address number assigned to it
by the City:
a) on or over the entrance to the building or where landscaping or structures
obscure the visibility of a building entrance from the adjacent highway, on
the building property within sight of the adjacent highway; and
b) until such time as the building is removed from the site or has been
demolished.
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
38
16.2
The City's General Manager of Engineering and Operations may renumber or
alter the assigned numbers in respect of any building on any parcel, including
those already in existence or numbered.
16.3
Without limiting other sections of this Bylaw, the Building Official must, on the
issuance of a building permit, designate a house number or set of house
numbers related to the building authorized by the permit. The owner or occupier
must post the number or numbers on the site immediately after obtaining the
building permit and keep the numbers posted in a conspicuous location at all
times during construction.
16.4
Prior to the issuance of an occupancy permit, the owner or occupier of the parcel
must affix the numbers permanently in a conspicuous place on the building such
that the number is visible from an adjacent highway.
17.
Pools
Pool Permit and Fencing
17.1
Without limiting section 5 of this Bylaw, a person must not construct, or
structurally repair, a pool without a valid building permit.
17.2
A pool, including a spa or hot tub must be completely surrounded by a 1.0m
apron and must be enclosed within a fence constructed without footholds or grips
that children may use to climb into the enclosed area, having a minimum height
of 1.2m and no openings greater than 100mm at their greatest dimension.
Pool Gate
17.3
Access through a fence enclosing a pool must be only through a self-closing and
self-latching gate designed and constructed or installed so as to cause the gate
to return to a closed position when not in use and secured by a latch located on
the pool side of the gate.
Spa or Hot Tub Lid
17.4
In lieu of a fence, a spa or hot tub may be covered with a locking cover, which
would prevent unauthorized access to the water.
Maintenance
17.5 A person may not use or occupy a pool unless the owner or occupier of property on
or in which the pool is located maintains every fence or cover required under this
section in good order. Without limiting the foregoing, the owner or occupier must
keep the pool, coverings and fence repairs in good order at all times, in particular to
prevent sagging gates, loose parts, torn mesh, missing materials, worn latches,
locks, or broken or binding members.
Amended
by BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
39
Leaks or Other Failures
17.6
A person may not obtain a valid and subsisting building permit for a swimming
pool without first delivering to the Building Official at the time of the building
permit application an opinion of a registered professional that the design of the
pool will not cause or result in leaks or other failures of the pool.
Pool Drainage Requirement
17.7
Pool drainage and backwash discharge lines are to be connected to the City's
sanitary sewer system or other private sanitary sewer system approved in writing
by the Building Official by means of one of the following methods:
a) a regulation size sump pump with a backwater valve; or
b) indirectly connected to a 3-inch or larger soil or waste pipe other than a wet
vent, by means of a 3-inch P-trap and standpipe.
Pool Location
17.8
Location of pools on a property shall comply with the requirements for accessory
building stipulated in the current edition of the Zoning Bylaw.
18.
Energy Conservation and GHG Emission Reduction
18.1
In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the City incorporates by reference the British Columbia Energy Step
Code and the British Colombia Zero Carbon Step Code in accordance with
subsections 18.2 through 18.7.
18.2
Any building regulated by Part 3 or Part 9 of the Building Code must be designed
and constructed to meet the minimum performance requirements specified for
the applicable year and occupancy classification in Schedule 7.
18.3
Development applications that were accepted for processing prior to
January 1, 2025, are exempt from requirements of Part 18 of this Bylaw.
18.4
For a building or structure regulated under Part 9 of the Building Code that is
designed in compliance with the applicable step of the Energy Step Code but
where the constructed building or structure does not meet the performance
requirements of the step, after all reasonable mitigation measures are
implemented to the satisfaction of the Building Official, the Building Official may
issue an occupancy permit if the building or structure is constructed in
compliance with alternative energy efficiency performance or prescriptive
requirements set out in the Building Code for Part 9 construction.
18.5
For single detached dwelling, duplex, or semi-detached residential building
permits, the owner must, to the satisfaction of the Building Official, provide all
documentation required by the City's Energy Step Code and Zero Carbon Step
Amended
by BL3479
Added by
BL3314
Amended
by BL3479
Amended
by BL3479
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
40
Code administrative requirements or as required by the Building Official,
prepared by an energy advisor or a registered professional.
18.6
Any energy advisor providing the required documentation set out in the Energy
Step Code and Zero Carbon Step Code must provide evidence to the Building
Official that they are an energy advisor registered and in good standing with
Natural Resources Canada.
19.
On-Site Access Route for Fire Vehicles
19.1
Prior to the issuance of a building permit for a building regulated under Part 9 of
the Building Code, the owner must satisfy the Building Official that the building or
structure for which the permit is issued will be served by a fire access route that
satisfies the following:
a) the width of an access route must be not less than six (6) metres clear width;
b) the centerline radius of an access route must be not less than 12 metres;
c)
the overhead clearance of an access route must be five (5) metres;
d) the gradient of the access route must not change more than 1 in 12.5 over a
minimum distance of 15 metres;
e) the access route must comply with the bearing load and surface material
standards of the City's Subdivision and Development Servicing Bylaw, as
amended or replaced from time to time;
f)
the length above which a dead-end portion of an access route requires
turnaround facilities is 90 metres; and
g) the unobstructed path of travel for the firefighter from the vehicle to the
building is not more than 45 metres.
19.2
The requirements of subsection 19.1 may be waived by the Fire Chief,
Port Moody Fire Rescue, if the Fire Chief is satisfied that the access route will not
impede or obstruct vehicles or equipment used by members of the Fire Rescue
Department from appropriate access in carrying out their work.
20.
Offence, Penalty, and Enforcement
Violations
20.1
Without limiting Part 4 of this Bylaw, every person who:
a) contravenes or violates any provision of this Bylaw;
b) permits, suffers, or allows any act to be done in contravention or violation of
any provision of this Bylaw or any order or notice issued under this Bylaw; or
Amended
by BL3479
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
41
c)
fails or neglects to do anything required to be done under any provision of
this Bylaw or an order or notice issued under this Bylaw:
commits an offence, and each day during which a violation, contravention, or
breach of this Bylaw continues amounts to a separate offence.
20.2
A person found guilty of an offence under this Bylaw is liable to pay of fine of up
to $10,000, the costs to the City of prosecution, and to such other penalties and
compensation as may be imposed by a court under the Community Charter and
Offence Act. Every person who commences work requiring a building permit
without first obtaining such a permit must, if a Stop Work notice is issued, pay
double the amount of the permit fees established in the City of Port Moody
Fees Bylaw.
Deemed Offence
20.3
An owner is deemed to have knowledge of and be liable under this Bylaw in
respect of any construction on the parcel the owner owns and any change in the
use, occupancy, or both of a building or structure or part of a building or structure
on that parcel.
20.4
No person is deemed liable under section 20.4 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred
before he or she became the owner of the parcel.
20.5
Nothing in section 20.5 affects
a) the City's right to require and the owner's obligation to obtain a permit; and
b) the obligation of the owner to comply with this Bylaw.
Enforcement
20.6
This Bylaw may be enforced by a Building Official, or by a fire inspector or Bylaw
enforcement officer of the City appointed to enforce this Bylaw.
20.7
This Bylaw may be enforced:
a) by prosecution under the Offence Act;
b) by issuance of a ticket under the City of Port Moody Municipal Ticket
Information Authorization Bylaw; and
c) by civil action as authorized by law.
21.
Attachments and Schedules
21.1
The following schedules are attached to and form part of this Bylaw:
Schedule 1 - Owner Authorization;
Schedule 2 - Owners Undertaking;
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
42
Schedule 3 - Climatic Data;
Schedule 4 - Confirmation of Professional Liability Insurance;
Schedule 5 - Stop Work Order;
Schedule 6 - Do Not Occupy;
Schedule 7 - Energy Step Code Requirements; and
Schedule 8 - Sump Detail.
22.
Severability
22.1 If a portion of this Bylaw is found invalid by a court, it will be severed and the
remainder of the Bylaw will remain valid and in effect.
BYLAW 3200 ADOPTED
October 8, 2019
AMENDMENT No. 1, 2020, No. 3238
May 12, 2020
AMENDMENT No. 2, 2021, No. 3314
July 13, 2021
AMENDMENT No. 3, 2024, No. 3479
September 24, 2024
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
43
Schedule A
Amended
by
BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
44
Amended
by
BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
45
City of Port Moody
BUILDING BYLAW, 2019, No. 3200
Schedule 3 - Climatic Data
January 1% Design Dry Bulb Temperature:
-9 C
January 2.5% Design Temperature:
-7 C
July 2.5% Design Drybulb Temperature
27 C
July 2.5% Design Wetbulb Temperature
17 C
In areas with a geodetic elevation below 150m
Annual Total Degree-days below (18 C)
2980
In areas with a geodetic elevation between 150m and 300m
Annual Total Degree-days below (18 C)
3100
In areas with a geodetic elevation between 300m and 400m
Annual Total Degree-days below (18 C)
3190
Maximum 15 minute Rainfall:
10 mm
Maximum One-Day Rainfall (50 years)
150 mm
Annual Rainfall:
1850 mm
Annual Total Precipitation:
1875 mm
Moisture Index:
1.9
In areas with a geodetic elevation below 150m
Ground Snow Load - snow component S(s)(30yrs)
2.80 kPa
Ground Snow Load - rain component S(r)(30yrs)
0.30 kPa
Ground Snow Load - snow component S(s)(50yrs)
3.00 kPa
Ground Snow Load - rain component S(r)(50yrs)
0.30 kPa
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
46
In areas with a geodetic elevation between 150m and 300m
Ground Snow Load - snow component S(s)(30yrs)
3.80 kPa
Ground Snow Load - rain component S(r)(30yrs)
0.40 kPa
Ground Snow Load - snow component S(s)(50yrs)
4.20 kPa
Ground Snow Load - rain component S(r)(50yrs)
0.30 kPa
In areas with a geodetic elevation between 300m and 400m
Ground Snow Load - snow component S(s)(30yrs)
4.50 kPa
Ground Snow Load - rain component S(r)(30yrs)
0.40 kPa
Ground Snow Load - snow component S(s)(50yrs)
4.90 kPa
Ground Snow Load - rain component S(r)(50yrs)
0.40 kPa
Hourly Wind Pressure 1/10
0.36 kPa
Hourly Wind Pressure 1/30
0.44 kPa
Hourly Wind Pressure 1/50
0.48 kPa
Hourly Wind Pressure 1/100
0.54 kPa
Seismic Data:
Values are to be obtained by providing the latitude and longitude on the Government of Canada
website for National Building Code of Canada Seismic Hazard Values. The website can be found
at:
http://www.earthquakescanada.nrcan.gc.ca/hazard-alea/interpolat/index_2015-en.php"
Frost Protection
Minimum Depth 0-300 metres
460 mm
Minimum Depth over 300 metres
610 mm
Amended
by
BL3314
Amended
by
BL3314
Building Bylaw, 2019, No. 3200
EDMS#472958
47
Amended
by
BL3238
Building Bylaw, 2019, No. 3200
EDMS#472958
48
Amended
by
BL3238
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
49
Amended
by
BL3238
Building Bylaw, 2019, No. 3200
EDMS#472958
50
City of Port Moody Building Bylaw, 2019, No. 3200
Schedule 7 - Energy Step Code and Zero Carbon Step Code Requirements:
Part 9 Buildings
(Residential)
January 1, 2024 January 1, 2025 January 1, 2027
January 1, 2030
(Provincial timeline)
Single- or two-family
dwellings
Step 4
No carbon
requirements
Step 4
EL-4 Zero
Carbon Ready
Step 5
EL-4 Zero
Carbon Ready
Step 5
EL-4 Zero Carbon
Ready
Laneway and carriage
Dwellings
Townhomes and
apartment buildings up
to 3 storeys
Notes
Building permits received on or after the dates noted above are subject to the new requirements.
EL-4 Zero Carbon Ready = Space, water and cooking must be zero carbon
Energy Step Code and Zero Carbon Step Code requirements as per BC Building Code,
Article 9.36.6 and 9.37.1.3 of Division B (as amended from time to time).
Part 3 Buildings
January 1, 2024 January 1, 2025 January 1, 2027
January 1, 2030
(Provincial timeline)
Group C: Residential
Occupancies, six stories
or less
Step 3 or Step
2 with LCES
(EL-2)
Step 3
EL-4 Zero
Carbon Ready
Step 4
EL-4 Zero
Carbon Ready
Step 4
EL-4 Zero Carbon
Ready
Group C: Residential
Occupancies, six stories
or more
Group C: Hotels and
Motels
Step 2
Group D Offices
(Businesses and
Personal Services)
Step 2
Step 2
EL-4 Zero
Carbon Ready
Step 3
EL-4 Zero
Carbon Ready
Step 3
EL-4 Zero Carbon
Ready
Other Group D and E
(Mercantile)
occupancies
Step 2
Notes
In-stream rezoning applications that have progressed to 1st Reading by December 31, 2024, would not
be subject to the new requirements. These projects would proceed through the development approval and
building permit process according to the current requirements for building energy efficiency and carbon
performance.
LCES = Low Carbon Energy System - equivalent to Emission Level (EL-2) of the Zero Carbon Step Code.
Energy Step Code and Zero Carbon Step Code requirements as per BC Building Code, Subsection 10.2
and 10.3 of Division B (as amended from time to time)
Building Types and Occupancies not included in the above table are required to comply with the BC
Building Code requirements for energy efficiency and carbon performance.
Amended
by BL3479
City of Port Moody Building Bylaw, 2019, No. 3200
CONSOLIDATED FOR CONVENIENCE
Building Bylaw, 2019, No. 3200
EDMS#472958
51
City of Port Moody Building Bylaw, 2019, No. 3200
Schedule 8 - Sump Detail