Qualicum Beach, British Columbia
· No. 903
· adopted 2024-12-18
· summary & facts
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TOWN OF QUALICUM BEACH
BUILDING BYLAW NO. 903, 2024
Table of Contents
PART 1: TITLE ............................................................................................................................................... 4
PART 2: PURPOSE OF BYLAW .................................................................................................................. 4
PART 3: SCOPE AND EXEMPTIONS ........................................................................................................ 5
Application ..................................................................................................................................................... 5
Limited Application to Existing Buildings ................................................................................................. 6
PART 4: PROHIBITIONS .............................................................................................................................. 7
PART 5: PERMIT CONDITIONS ................................................................................................................. 8
PART 6: POWERS OF A BUILDING OFFICIAL ....................................................................................... 9
Administration ............................................................................................................................................... 9
Refusal and Revocation of Permits .............................................................................................................. 9
Right of Entry ............................................................................................................................................... 10
Powers ........................................................................................................................................................... 10
PART 7: OWNER'S RESPONSIBILITIES .................................................................................................. 11
Permit Requirements ................................................................................................................................... 11
Owner's Obligations .................................................................................................................................... 12
Damage to Municipal Works ..................................................................................................................... 13
Notice ............................................................................................................................................................. 13
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PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR ................................................................... 14
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ........................................................ 14
Professional Design and Field Review ..................................................................................................... 14
Requirement for a Registered Professional .............................................................................................. 15
Professional Plan Certification ................................................................................................................... 16
PART 10: BUILDING APPLICATION REQUIREMENTS ..................................................................... 17
Requirements Before Applying for a Building Permit ........................................................................... 17
Building Permit Applications for Complex Buildings ........................................................................... 18
Building Permit Applications for Simple Buildings ............................................................................... 22
Site and Location Information .................................................................................................................... 26
Building Permit Fee ..................................................................................................................................... 26
Security Deposit ........................................................................................................................................... 26
Permit Fee Refunds ...................................................................................................................................... 27
Design Modification .................................................................................................................................... 28
Construction Before Permit Issued ............................................................................................................ 28
Expiration of Application for a Permit ..................................................................................................... 28
Issuance of a Building Permit..................................................................................................................... 29
Partial Construction ..................................................................................................................................... 30
Conditions of a Building Permit ................................................................................................................ 30
Inspections .................................................................................................................................................... 31
Stop Work Order .......................................................................................................................................... 33
Do Not Occupy Notice ................................................................................................................................ 34
Inspection and Other Fees .......................................................................................................................... 34
Permit Expiration ......................................................................................................................................... 34
Permit Extension .......................................................................................................................................... 35
Building Permit Revocation ....................................................................................................................... 35
Building Permit Cancellation ..................................................................................................................... 35
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Occupancy ..................................................................................................................................................... 36
Other Structures ........................................................................................................................................... 37
Sanitary Facilities ......................................................................................................................................... 38
PART 11: RETAINING WALLS AND GRADES ..................................................................................... 38
PART 12: BUILDING MOVE ..................................................................................................................... 38
PART 13: DEMOLITIONS .......................................................................................................................... 40
PART 14: NUMBERING OF BUILDINGS ................................................................................................ 40
PART 15: SWIMMING POOLS ................................................................................................................. 41
Swimming Pool Permit and Fencing......................................................................................................... 41
Swimming Pool Gate ................................................................................................................................... 42
Maintenance .................................................................................................................................................. 42
Leaks or Other Failures ............................................................................................................................... 42
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION ................................. 42
PART 16: ACCESS ROUTE FOR FIRE VEHICLE ................................................................................... 43
PART 17: OFFENCES ................................................................................................................................. 44
Violations ...................................................................................................................................................... 44
Deemed Offence ........................................................................................................................................... 44
Ticketing ........................................................................................................................................................ 45
PART 18: INTERPRETATION ................................................................................................................... 45
Definitions ..................................................................................................................................................... 45
Severability ................................................................................................................................................... 49
PART 19: REPEAL ...................................................................................................................................... 49
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Town of Qualicum Beach
BUILDING BYLAW NO. 903, 2024
A BYLAW FOR ADMINISTRATION OF THE BUILDING CODE AND
REGULATION OF CONSTRUCTION
WHEREAS the Town of Qualicum Beach Council may by bylaw regulate, prohibit and
impose requirements in respect to buildings and structures under sections 8(3)(g) and (l)
of the Community Charter for the following under section 53(2):
(a)
the provision of access to a building or other structure, or to part of a
building or other structure, for a person with disabilities;
(b)
the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d)
the health, safety or protection of persons or property;
AND WHEREAS the Town of Qualicum Beach is enacting this bylaw to regulate
construction and administer the British Columbia Building Code in Qualicum Beach
in accordance with the Community Charter and the Building Act;
AND WHEREAS the Town of Qualicum Beach has employed trained building
officials for the purposes of this bylaw;
NOW THEREFORE the Council of the Town of Qualicum Beach enacts as follows:
PART 1: TITLE
1.1
This bylaw may be cited as "Building Bylaw No. 903, 2024".
PART 2: PURPOSE OF BYLAW
2.1
Despite any other provision in this bylaw, this bylaw must be interpreted in
accordance with this Part.
2.2
Every permit issued under this bylaw is issued expressly subject to the
provisions of this Part.
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2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard
to construction in the Town in the public interest.
2.4
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 Town or any building official of any responsibility for
ensuring the compliance by any owner, his or her representatives or any
employees, constructors or designers retained by the owner, with the building
code, the requirements of this bylaw, or other applicable enactments, codes
or standards;
(c) providing any person a warranty of design or workmanship with respect to
any building or structure for which a building permit or occupancy permit is
issued under this bylaw;
(d) providing any person a warranty or assurance that construction undertaken
under building permits issued by the Town is free from latent, or any,
defects; or
(e) the protection of adjacent real property from incidental damage or
nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the Town and to land, the surface
of water, air space, buildings or structures in the Town.
3.2
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.
3.3
This bylaw does not apply to
(a) buildings or structures exempted by Division A Part 1 of the Building Code
except as expressly provided herein;
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(b) uncovered decks, steps, landings, ramps and patios not more than 0.5
metres above adjacent finished grade and have no walls or roof, a fence;
(c) repair and maintenance of lawfully-conforming structures where the level
of life safety and building performance shall not be decreased below the
level that already exists, exclusive of structural alterations and remediation
as a result of a previous deficiency;
(d) a trellis, an arbour, or other similar landscape structures which are
otherwise open to the sides and sky, a wall supporting soil that is less
than 1.2 metres in height or a sequence of walls less than 1.2 metres in
height and spaced greater than two horizontal units to one vertical unit,
on a parcel zoned for single or two family residential occupancy uses under
the Town's zoning bylaw;
(e) the replacement of plumbing fixtures (sinks, tubs, showers, water closets,
valves, etc.) or the maintenance of existing plumbing system, providing the
work does not involve the rearrangement of supply, waste or vent pipes.
Limited Application to Existing Buildings
3.4
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.
3.5
This bylaw applies if the whole or any part of an existing building is moved
either within or into the Town, including relocation relative to parcel lines
created by subdivision or consolidation. Part 12 applies to building moves.
3.6
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 address any
new infractions introduced in the remainder of the building as a result of the
alteration.
3.7
If an alteration creates an addition to an existing building, the alteration or addition
must comply with this bylaw and the building code and the entire building must
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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.
PART 4: PROHIBITIONS
4.1
A person must not commence or continue any construction, alteration,
excavation, reconstruction, demolition, removal, relocation or change the use
or occupancy of any building or structure, including other work related to
construction
(a) except in conformity with the requirements of the building code and this
bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work
under this bylaw.
4.2
A person must not occupy or permit the occupancy of any building or structure or
part of any building or structure
(a) unless a subsisting occupancy inspection notice has been issued by a building
official for the building or structure or the part of the building or structure; or
(b) contrary to the terms of any permit issued or any notice given by a building
official.
4.3
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.
4.4
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.
4.5
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.
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4.6
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.
4.7
A person must not interfere with or obstruct the entry of a building official
or other authorized official of the Town on property in the administration
of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously
posted on the front of the premises or on a sign post so it may be easily read
from the public highway from which it takes its address.
4.9
A person must not contravene an administrative requirement of a building
official made under section 6.6 or any other provision of this bylaw.
4.10
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.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if work regulated under this bylaw is to be undertaken.
5.2
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 Town will in any way
(a) relieve the owner (and if the owner is acting through an agent, the agent of
the owner) from full and sole responsibility to perform the work in respect
of which the permit was issued in strict compliance with this bylaw, the
building code, and all other applicable codes, standards and enactments;
(b) constitute a representation, warranty, assurance or statement that the
building code, this bylaw or any other applicable enactments respecting
safety, protection, land use and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure
meets any standard of materials or workmanship.
5.3
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.
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5.4
Without limiting section 5.2(a), it is the full and sole responsibility of the owner
(and if the owner is acting through a representative, the representative of the
owner) 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.
PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are be construed as
internal administrative powers and not as creating a duty.
6.2
A building official may
(a) administer this bylaw and prescribe from time to time the form of permits, permit
applications, notices and orders referred to in this bylaw, except where the form
is prescribed by 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.
Refusal and Revocation of Permits
6.3
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 Town, and must state the reason in writing.
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6.4
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
6.5
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
6.6
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 Town 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 in the form prescribed by the
building official;
(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;
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(h) a person to cease any occupancy if any unsafe condition exists because of work
being undertaken but not complete and where the building official has not
issued a occupancy inspection notice for the work;
(i) an owner to correct any unsafe condition; and
(j) an owner to correct any work that contravenes this bylaw, the building code,
or any other enactment.
6.7
Every reference to "owner" in section 6.6 includes a reference to the owner's
agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that
notice
(i) within the time ordered, or
(ii) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this bylaw, every owner must apply for and obtain a
permit, prior to
(a) constructing, repairing or altering a building, plumbing system, fire
suppression system or structure, including a swimming pool or retaining wall;
(b) moving a building or structure into or within the Town;
(c) demolishing a building or structure;
(d) constructing a masonry fireplace or installing a wood-burning appliance or
chimney, whether attached to, part of or detached from a building;
(e) changing the use or occupancy of a building, including the creation or
consolidation of units in a multi unit building; or
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(f) installation or alteration of mechanical exhaust and fire suppression systems
for commercial cooking equipment.
unless the works are the subject of another valid and subsisting building permit.
7.2
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.
Owner's Obligations
7.3
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 or the conditions of a permit;
(b) ensure that all permits, all plans and specifications and supporting
documents on which a permit was based, 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 Town an
owner's acknowledgement of responsibility in the form prescribed by the
Town from time to time, where required by the building official.
7.4
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 Town and 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 his or her agent, from full and sole responsibility to perform the work
in strict accordance with this bylaw, the building code and all other applicable
codes, standards and enactments.
7.5
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 public highway from which the property takes its address; and
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(b) post the permit on the property so that it may be easily read from the public
highway from which the property takes its address
(c) allow a building official to enter any building or premises at any reasonable
time to administer and enforce this bylaw with safe access to the work site
and all areas requiring inspection.
Damage to Municipal Works
7.6
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.
7.7
In addition to payment of a security deposit in the amount set out in the
"Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009" as
amended from time to time, every owner must pay to the Town, within 30
days of receiving an invoice for same from the Town, 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 issued.
Notice
7.8
Every owner must give written notice to a building official of any change in or
termination of engagement of a registered professional, including a coordinating
registered professional, during construction, within 24 hours of when the change
or termination occurs.
7.9
If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must
terminate all work under a building permit until the owner has engaged a new
registered professional, including a coordinating registered professional, and has
delivered to a building official new letters of assurance.
7.10
Without limiting sections 10.28 to 10.43, every owner must give at least 24 hours'
written notice to a building official
(a) of intent to do work that is required or ordered to be corrected during
construction;
(b) of intent to cover work that is required under this bylaw to be, or has been
ordered to be inspected prior to covering; and
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(c) when work has been completed so that a occupancy inspection can be
made.
7.11
Every owner must give notice in writing to a building official and pay the non-
refundable fee set out in "Town of Qualicum Beach Miscellaneous Rates Bylaw
No. 638, 2009" as amended from time to time, immediately upon any change in
ownership or change in the address of the owner which occurs prior to the
issuance of an occupancy permit.
7.12
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.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
8.1
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.
8.2
Every constructor must ensure that no excavation or other work is undertaken on
public property, and that no public 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.
8.3
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.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the Town of letters of assurance in accordance
with the requirements of the building code or this bylaw shall occur prior to
(a) the issuance of a permit in the forms of Schedules A or B as
appropriate;
(b) the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex
building in the form of Schedules C-A or C-B, as appropriate, or
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(c) an occupancy inspection for a simple building in circumstances where letters
of assurance have been required in accordance with the requirements of the
building code, in which case the owner must provide the Town with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to in
subsection 2.2.7, Division C, of the building code.
9.2
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 prescribed by the Town from time to
time.
Requirement for a Registered Professional
9.3
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 subsection 2.2.7, Division C, of the building code, in respect of a permit application
(a) prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex building,
or
(b) prior to a final inspection for a simple building in circumstances where letters
of assurance have been required in accordance with the requirements of the
building code, in which case the owner must provide the Town with letters of
assurance in the form of Schedules C-A or C-B, as appropriate, referred to in
subsection 2.2.7, Division C, of 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, or if the building envelopes do not comply with the
prescriptive requirements of Division B Part 9 of the building code; and
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(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 Town.
9.4
The building official may require any registered professional carrying out the
professional design and field review required under section 9.3 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
9.5
The letters of assurance in the form of Schedules A and B as referred to in
subsection 2.2.7, Division C, of the building code referred to in sections 9.1 and
9.3 are relied upon by the Town 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 enactment.
9.6
Letters of assurance must be in the form of Schedules A and B referred to in
subsection 2.2.7, Division C, of the building code.
9.7
For a building permit issued for the construction of a complex building, the
building official shall 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 Town or its building
officials on the registered professionals.
9.8
If a building permit is issued for a construction of a complex building, the permit
fee is reduced by 10% of the fees payable under "Town of Qualicum Beach
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Miscellaneous Rates Bylaw No. 638, 2009" as amended from time to time, up to
a maximum reduction of $500.00 (five hundred dollars).
PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements Before Applying for a Building Permit
10.1 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 Town's Official
Community Plan as a development permit area;
(b) the owner must ensure that the proposed building or structure complies with
all bylaws of the Town, 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) for a renovation, alteration, or demolition of an existing building a
hazardous materials survey in accordance with WorkSafe BC regulations
shall be completed;
(d) 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;
(e) 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;
(f) if the parcel that is the subject of the building permit application is not
intended to be connected to the Town's sewage disposal system, the owner
must apply for and obtain approval from the Town and other applicable
public authorities for an alternate private sewage disposal system;
(g) if the parcel that is the subject of the building permit application is not
intended to be connected to the Town's waterworks system, the owner must
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apply for and obtain approval from the Town and other applicable public
authorities for an alternate water supply system;
(h) if the parcel that is the subject of the building permit application is not
intended to be connected to The Town's storm water drainage system, the
owner must apply for and obtain approval from the Town and other
applicable public authorities for the alternate storm water drainage and
detention system; and
(i) if all on site and off site works and services required by a Town bylaw or
other enactment have not been completed in accordance with the
enactments, the owner must enter into a written agreement with the Town
and deliver to the Town letters of credit or cash security for completion of
the works and service.
Building Permit Applications for Complex Buildings
10.2 An application for a building permit with respect to a complex building must
(a) be made in the form prescribed by the building official or the Town from
time to time, and signed by the owner, or a signing officer if the owner is a
corporation;
(b) be accompanied by the appropriate non-refundable plan processing fee as
set out in the "Town of Qualicum Beach Miscellaneous Rates Bylaw No.
638, 2009" as amended from time to time.
(c) be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form prescribed by the building official or the
Town from time to time, and signed by the owner, or a signing officer if the
owner is a corporation;
(d) include a copy of a title search for the relevant property made within 30
days of the date of the permit application;
(e) include for a renovation, alteration, or demolition of an existing building a
hazardous materials survey and written confirmation letter in accordance
with WorkSafe BC regulations;
(f) include a building code compliance summary including the applicable edition
of the building code, such as without limitation whether the building is
19
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, accessible entrances and work areas, washrooms,
firewalls and the energy compliance path to which the building conforms;
(g) include a copy of a survey plan prepared by a British Columbia land
surveyor, except that the building official may waive, in whole or in part, the
requirements for a survey plan;
(h) 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, 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 or
watercourse and top and toe of banks;
(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;
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(xi)
natural and finished geodetic elevation at 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, fire
hydrants and service poles;
(xvi) location of existing and proposed service connections;
(xvii) location and species of all trees greater than 5 centimetres in
diameter;
(xviii) location of top bank and water courses;
(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
Town's land use regulations, provincial flood mapping regulations,
or a Registered Professional under the Engineers and Geoscientists
Regulation 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;
(i) include floor plans showing the dimensions and uses and occupancy
classification of all areas, including: the dimensions and height of crawl and
roof spaces; the location, size and swing of doors; the location, size and
21
opening of windows; floor, wall, and ceiling finishes; fire separations;
plumbing fixtures; structural elements; and stair dimensions;
(j) include a cross-section through the building or structure in sufficient
detail and locations to illustrate foundations, drainage, ceiling heights
and constructions systems;
(k) 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 Town zoning bylaw and
development permit;
(l) include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the
building code;
(m) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, and 2.2.6 ,
Division C of the building code;
(n) 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;
(o) 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;
(p) 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;
(q) include digital and two sets of paper drawings at a suitable scale of the
design prepared by each registered professional containing the information set
out in (g) to (m) of this section; and
(r) include illustration of any slopes on the subject parcel that exceed 30%.
22
10.3 In addition to the requirements of section 10.2 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 Town's subdivision and works and
services 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 Simple Buildings
10.4 An application for a building permit with respect to a simple building must
(a) be made in the form prescribed by the building official or the Town from
time to time, and signed by the owner, or a signing officer if the owner is a
corporation;
(b) be accompanied by the appropriate non-refundable plan processing fee as
set out in the "Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638,
2009" as amended from time to time.
(c) be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form prescribed by the building official or the
Town from time to time, and signed by the owner, or a signing officer if the
owner is a corporation;
(d) include a copy of a title search for the relevant property made within 30
days of the date of the permit application;
(e) include for a renovation, alteration, or demolition of an existing building a
hazardous materials survey and written confirmation letter in accordance
with WorkSafe BC regulations;
23
(f) include a copy of a survey plan prepared by a British Columbia land surveyor
except that the building official may waive the requirement for a survey plan,
in whole or in part, where conditions warrant;
(g) include a site plan showing
(i)
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory
rights of way, easements and setback requirements, adjacent 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 or
watercourse;
(vi)
north arrow;
(vii) if applicable, location of an approved existing or proposed
alternative private or other sewage disposal system, water
supply system or storm water drainage system;
(viii) the location, dimensions and gradient of parking and parking
access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at 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;
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(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 5 centimetres in
diameter;
(xvii) location of top bank and water courses;
(xviii) access routes for firefighting;
(xix) accessible paths of travel from the street to the building;
(xx)
zoning compliance summary; and
(xxi) the geodetic elevation of the underside of a wood floor system or
the top of a finished concrete slab of a building or structure where
the Town's land use regulations , provincial flood mapping
regulations or a Registered Professional under the Engineers and
Geoscientists Regulation establish siting requirements related to
minimum floor elevation,
except that for a simple building the building official may waive, in whole or in
part, the requirements for a site plan, if the permit is sought for the repair or
alteration of an existing building;
(h) include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl and roof spaces; the location, size and swing of
doors; the location, size and opening of windows; floor, wall, and ceiling finishes;
plumbing fixtures; structural elements; and stair dimensions;
(i) include a cross-section through the building illustrating foundations, drainage,
ceiling heights and construction systems;
(j) include elevations of all sides of the building showing finish details, roof
slopes, windows, doors, the grade, the maximum building height line, ridge
height, spatial separations and natural and finished grade to comply with
the building code and to illustrate that the building or structure conforms
with the Town zoning and development permit;
25
(k) include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure
substantially conforms to the building code;
(l) include copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits, highway
access permits and Ministry of Health approvals;
(m) include geotechnical letters of assurance, in addition to a required
geotechnical report, if the building official determines that the site
conditions so warrant;
(n) include two sets of drawings at a suitable scale of design including the
information set out in (f) to (k) of this section; and
(o) 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, compliance with article 2.2.2.1(2),
Division C of the building code
10.5
In addition to the requirements of section 10.4 of this Part, 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 simple building in the project:
(a) a section through the site showing grades, buildings, structures, parking
areas and driveways;
(b) a roof plan and roof height calculations;
(c) structural, electrical, plumbing, mechanical or fire suppression drawings
prepared and sealed by a registered professional;
(d) letters of assurance in the form of Schedule B referred to in Division C of
the
building code, signed by a registered professional; and
(e) 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.
26
Site and Location Information
10.6 Without limiting sections 10.2(h) or 10.4(f) 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 bylaws 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
10.7 Before receiving a building permit for a building or structure, the owner must first
pay to the Town
(a) the building permit fee prescribed in "Town of Qualicum Beach
Miscellaneous Rates Bylaw No. 638, 2009" as amended from time to time;
and
(b) any fees, charges, levies or taxes imposed by the Town and payable
under an enactment at the time of issuance of the building permit.
Security Deposit
10.8 An applicant for a building permit must pay to the Town, prior to the issuance
of a building permit, a security deposit calculated in accordance with the
27
"Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009" as
amended from time to time.
10.9 The security deposit sum set out in section 10.8 of this Part
(a) covers the cost borne by the Town 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 Town 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 the
occupancy 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.
10.10 The security deposit or applicable portion must be returned to the applicant
(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; and
(c) when the conditions or provisions of a provisional certificate of
occupancy are completed to the satisfaction of the building official;
only if the applicant has requested for the return of the security.
10.11 Any credit greater than the amount of the security deposit used by the Town for
the purposes described in sections 10.8 to 10.10 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 Town to complete corrective
work to public lands, public works, or the site is recoverable by the Town from
the permit holder, the constructor or the owner of the property.
Permit Fee Refunds
10.12 No fee or part of a fee paid to the Town may be refunded if construction of the
building has started.
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10.13 A building permit or other permit fee may be partially refunded, only if
(a) the owner has submitted a written request for a refund within 180 days of
issuance of the permit;
(b) the building official has certified a start has not been made on the
construction of the building or structure; and
(c) the refundable amount does not include the plan processing fee, and is
more than $50.00
10.14 A building permit or other permit fee is not refundable after the permit has been
extended under section 10.45 of this Part.
Design Modification
10.15 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 Town a
building permit fee based on the plan review hourly rate set out in "Town of
Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009" as amended from
time to time.
Construction Before Permit Issued
10.16 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
10.17 A building permit application expires, and the plan processing fee forfeited if the
permit fee has not been paid and all required securities, covenants, permits and
servicing agreements required for issuance of the permit have not been provided
(a) 180 days from the date a complete application is received under this Part,
unless the permit is not ready to be issued only due to delays caused by the
Town; or
(b) 120 days from the date of written notification to the owner that the permit is
ready to be issued, subject to the provision of such fees, securities, covenants,
permits and servicing agreements,
29
the plans and related documents may be held for 14 days and then may be
destroyed.
Issuance of a Building Permit
10.18 If
(a) a completed application in compliance with sections 10.2 and 10.3 or
sections 10.4 and 10.5 of this Part, including all required supporting
documentation, has been submitted;
(b) the owner has paid all applicable fees set out in sections 10.7 to 10.16 of this
Part;
(c) the owner or his or her 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 Town requires or
authorizes the permit to be withheld,
the building official must issue the permit, in the form prescribed by the building
official, for which the application is made, and the date of issuance is deemed to
be the date the conditions of 10.18 have been satisfied
10.19 Despite section 10.18, 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
10.20 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.
30
10.21 Section 10.20 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.
10.22 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
10.23 If a site has been excavated under a building permit and a building permit is not
subsequently issued or a subsisting building permit has expired under section
10.44, 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 Town to do so.
10.24 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.45, permanent type
fencing with privacy screen complying with the Town's Zoning Bylaw, must
be erected around the building site for protection to the public.
Conditions of a Building Permit
10.25 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 under "Town of
Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009" as amended from
time to time . The transfer or assignment of a building permit is not an extension
of a building permit.
10.26 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.
31
Inspections
10.27 If a registered professional provides letters of assurance in accordance with this
Part, the Town 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.
10.28 Despite section 10.27 of this Part, a building official may attend the site from time to
time during the course of construction to ascertain that the field reviews are taking
place and to monitor the field reviews undertaken by the registered professionals.
10.29 A building official may attend periodically at the site of the construction of
simple buildings or structures to ascertain whether the work is being carried
out in substantial conformance with the building code, this bylaw and any
other applicable enactments concerning safety.
10.30 For all work in respect of simple buildings the owner must give at least 24 hours'
notice to the Town 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) completed footing forms, before concrete is poured;
(c) installation of perimeter drains and damp-proofing, prior to backfill;
(d) plumbing located below the finished slab level and under test prior to
covering;
(e) the preparation of ground, including ground cover when required,
perimeter insulation on inside of concrete foundation walls;
(f) installation, testing and connection of building services before being
covered;
(g) rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(h) installation of rough-in plumbing prior to covering;
(i) completed framing, after sheathing, fire stopping (including drywall in
fire separations), and required bracing, chimney, ductwork, rough wiring,
rough plumbing, rough heating, gas venting, exterior doors and windows
32
have been installed, and submission of a building survey by a British
Columbia Land Surveyor when required showing the building height, size,
location and elevation determined in accordance with the Towns land use
regulation, but prior to the installation of insulation, interior finishes, or
exterior finishes which would conceal such work;
(j) insulation and vapour barrier prior to the application of any interior finish
and after the substantial completion of the siding or other main exterior
finishes; and
(k) the health and safety aspects of the work, and the energy conservation,
GHG emission reduction and accessibility aspects and when the building
or structure is substantially complete, ready for occupancy but prior to
occupancy.
10.31 A building official will only carry out an inspection under section 10.30 if the
owner or the owner's agent has requested the inspection in accordance with this
bylaw.
10.32 Despite the requirement for the building official's acceptance of the work
outlined in section 10.30, if a registered professional provides letters of assurance,
the Town 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.
10.33 No person may conceal any aspect of the work referred to in section 10.30 of
this bylaw until a building official has accepted it in writing.
10.34 For work in respect of complex buildings, the owner must
(a) provide to the Town, or have the coordinating registered professional provide
to the Town, all registered professionals field review within 24 hours' of
completion of the field review;
(b) give at least 48 hours' notice to the Town when requesting a pre-
occupancy coordinated by the coordinating registered professional or other
registered professional to have the owner, the constructor and the registered
33
professionals demonstrate to the building official and Fire Services the
compliance with the health and safety aspects of the work, the coordination and
integration of the fire and life safety system, applicable Town requirements
and other enactments respecting safety and the energy 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 a Confirmation of Required
Documentation as approved by the Town, complete with all documentation
in a hard covered three ring binder and in digital pdf format on a memory
stick.
Stop Work Order
10.35 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 notice in the form prescribed by the Town 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 Town or the applicable
provisions of the Homeowner Protection Act.
10.36 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 notice on
the premises. The building official must consider such a request and, if not acted
upon, must respond, in writing, to the coordinating registered professional and
give reasons.
10.37 If a registered professional's services are terminated, the owner must immediately
stop any work that is subject to his or her design or field review and the building
official is deemed to have issued a stop work order under section 10.35.
10.38 The owner must immediately, after the posting of a notice under section 10.35,
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 Town.
34
10.39 Subject to section 10.35, no work other than the required remedial measures
may be carried out on the parcel affected by the notice referred to in section
10.35 until the stop work order notice has been removed by the building official.
10.40 The notice referred to in section 10.35 must remain posted on the premises
until that which is contrary to the enactments has been remedied and
authorized by the building official.
Do Not Occupy Notice
10.41 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 in the form prescribed by the building official on the affected part of the
building or structure.
10.42 If a notice is posted under section 10.41, the owner of a parcel on which a Do Not
Occupy Notice has been posted, and every other person, must cease occupancy
of the building or structure immediately and refrain from further occupancy until
all applicable provisions of the building code and this bylaw have been
substantially complied with and the Do Not Occupy Notice has been rescinded
in writing by a building official.
Inspection and Other Fees
10.43 In addition to the fees required under other provisions of this bylaw, the owner
must pay the non-refundable fee set out in "Town of Qualicum Beach
Miscellaneous Rates Bylaw No. 638, 2009" as amended from time to time for
(a) a third 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 two site visits are required
for any required inspection; and
(b) a special inspection during the Town'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.
Permit Expiration
10.44 Every permit is issued on the condition that the permit expires and the rights of
the owner under the permit terminate if
35
(a) the work authorized by the permit is not commenced within 180 days from
the date of issuance of the permit;
(b) work is discontinued for a period of 180 days; or
(c) the work is not completed within 24 months (2 year) of the date of issuance
of the permit.
Permit Extension
10.45 A building official may extend the period set out under section 10.44 for only one
period, not to exceed six 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 renewal fee set out in "Town of Qualicum Beach
Miscellaneous Rates Bylaw No. 638, 2009" as amended from time to time
has been paid.
Building Permit Revocation
10.46 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 Town,
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
10.47 A building permit, may be cancelled by the owner, or his or her agent, on delivery
of written notification of the cancellation to the building official with 180 days of
issuance of the building permit.
10.48 On receipt of the written cancellation notice, the building official must mark on
the permit, the date of cancellation and the word "cancelled".
36
10.49 If the owner, or his or her agent, submits changes to an application after a permit
has been issued and the changes, in the opinion of the building official,
substantially alter the scope of 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".
10.50 If a building permit is cancelled, and construction has not commenced under
the permit, the building official must return to the owner any fees deposited
under "Town of Qualicum Beach Miscellaneous Rates Bylaw No. 638,
2009" as amended from time to time, less
(a) any non-refundable portion of the fee; and
(b) 25% of the refundable portion of the fee.
Occupancy
10.51 No person may occupy a building or structure or part of a building or structure
until a occupancy inspection notice has been issued by a building official.
10.52 A occupancy inspection notice will not be issued unless
(a) all letters of assurance have been submitted when required in accordance
with this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to
sections 10.30 to 10.34 of Part 10 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 Town as-built plans of works and services in
digital format as required by the Town;
(d) the owner has provided to the Town a building survey prepared by a
British Columbia Land Surveyor when required showing the building
height, size, location and elevation determined in accordance with the
Town's land use regulations;
(e) all other documentation required under applicable enactments has been
delivered to the Town; and
37
(f) the owner has delivered to the Town as-built drawings of the building or
structure in digital format as required by the Town.
10.53 When a registered professional provides letters of assurance in accordance with
this bylaw, the Town 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.
10.54 A building official may issue a occupancy 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 section 10.52 have been met with respect to it.
10.55 A occupancy inspection notice may not be issued unless
(a) all letters of assurance and the Confirmation of Required Documentation
described in 10.34(c) 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 Part 9
and sections 10.27 through 10.34 of this bylaw have both been inspected
and accepted;
(c) the owner has executed and delivered to the Town every agreement,
instrument or form required by the Town in relation to the work or the
site; and
(d) all required offsite works respecting safety have been completed.
Other Structures
10.56 A building permit is not required for a temporary detached tent provided that the
construction complies with the Towns zoning bylaw, and the tent is anchored
to the ground in accordance with the manufacturer's recommendations.
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Sanitary Facilities
10.57 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, which facilities must be accessible and unlocked when not occupied
while work is being carried out on the parcel under this bylaw, and every
sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
by plumbing that complies with the Building Code and this bylaw, must be
provided, at all times the facility is required under this bylaw, with toilet paper,
a locking door for privacy, and ventilation, and must be kept in sanitary
condition without leaking beyond the facility and without overflowing within
the facility. Such facilities must be located so as not to create a nuisance to
neighbouring parcels or highways.
PART 11: RETAINING WALLS AND GRADES
11.1
A registered professional shall undertake the design, and conduct field
reviews of a retaining wall. Sealed copies of the design drawings and field
reviews prepared by the registered professional shall be submitted to the
building official prior to acceptance of the works.
11.2
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.
11.3
Without limiting section 11.2, no person may occupy a building unless the
finished grade complies with all applicable enactments.
PART 12: BUILDING MOVE
12.1
No person may move a building, structure or part of a building to or from any
parcel within the Town except
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(a) for buildings moved to or within the Town is certified by a registered
professional that the building, including its foundation, will substantially
comply with the current version of the building code or the building
complies with CAN/CSA-A277 or CAN/CSA-Z240 at the time of
manufacture;
(b) the person moving the building is licensed to move buildings and carries
public liability insurance in the amount of not less than $3,000,000.00;
(c) the Town has been named as an additional insured party;
(d) the Ministry of Transportation and any utility providers that are affected
by the move have given written approvals;
(e) a route plan including proposed date and time of move is provided; and
(f) a building permit has been issued and permit fees for the move and all
additional works have been paid.
12.2
An application for a permit for a building move to any parcel of land within the
Town must be made on the form prescribed by the building official, and must
include
(a) certification specified in section 12.1 (a);
(b) hazardous materials assessment in accordance with WorkSafe BC
regulations;
(c) plans and specifications of the proposed relocation and rehabilitation of
the building, including additions and renovations to the building; and
(d) site plan showing building siting, driveway and other site improvements
proposed on the parcel.
12.3
Any person to whom a moving permit is issued shall complete the remedial
works required to ensure the site within the Town is neat, free from debris,
obstructions and in a safe condition within 60 days from the date the building is
moved.
12.4
If the work described in section 12.3 of this bylaw is not completed within the
specified time, the building official may send a written notice to the owner
directing the correction of the non-compliance within 30 days from the date of
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the notice. If the non-compliance is not remedied within the period of 30 days,
the Town may make use of the owner's security deposit for the purpose of
remedying the non-compliance.
PART 13: DEMOLITIONS
13.1
Prior to obtaining a permit to demolish a building or structure, the owner must
(a) provide to the Town a vacancy date;
(b) provide a site plan clearly indicating the building to be demolished;
(c) include a hazardous materials assessment in accordance with WorkSafe BC
regulations;
(d) pay disconnection fees as set out in the Town's bylaws governing
waterworks, sanitary and storm sewer, as amended or re-enacted from
time to time;
(e) pay the fees and security deposit prescribed in the "Town of Qualicum
Beach Miscellaneous Rates Bylaw No 638, 2009" as amended from time to
time; and
13.2
Upon the commencement of the demolition, the work shall be completed to the
satisfaction of the building official within 90 days.
13.3
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.
13.4
Upon 30 days notice, either at the end of the 90 day period described in section
13.2, or when in the opinion of the building official the demolition is
substantially complete, the Town may use the owner's security deposit for the
purpose of completing the requirements of section 13.3.
PART 14: NUMBERING OF BUILDINGS
14.1
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
Town
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(a) on or over the entrance to the building or where landscaping or structures
obscure the visibility of a building entrance from the adjacent highway, on the
building property within sight of the adjacent highway; and
(b) until such time as the building is removed from the site or has been
demolished.
14.2
Despite section 14.1, the Town's Director of Planning may renumber or alter
the assigned numbers in respect of any building on any parcel, including
those already in existence or numbered.
14.3
Without limiting sections 14.1 or 14.2, 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.
14.4
Without limiting sections 14.1 through 14.3, on issuance of an occupancy permit,
the owner or occupier of the parcel must affix the numbers permanently in a
conspicuous place on the building such that the number is visible from an
adjacent highway that is not a lane.
PART 15: SWIMMING POOLS
Swimming Pool Permit and Fencing
14.1
Without limiting section 5.1 of this bylaw, a person must not construct, or
structurally repair, a swimming pool without a valid building permit.
14.2
An application for a building permit for a swimming pool must include
(a) a site plan showing the location of the proposed swimming pool, and all
water supply piping, waste piping and appurtenances;
(b) all design drawings, specifications, approved by a registered professional;
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 a swimming pool.
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14.3
A swimming pool must be enclosed from adjacent properties by a fence
constructed without footholds or grips that children may use to climb into the
enclosed area or a standard chain link wire mesh fence, having a minimum
height of 1.5 metres from finished grade outside the fence and no openings
greater than 100 mm at their greatest dimension.
Swimming Pool Gate
14.4
Access through a fence enclosing a swimming 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 swimming pool side of the gate.
Maintenance
14.5
A person may not use or occupy a swimming pool unless the owner or occupier of
property on or in which a swimming pool is located maintains every fence and
gate required under sections 14.3 to 14.4 in good order, and without limitation
provide for disposal of pool wastewater into the sanitary sewer.
Leaks or Other Failures
14.6
A person may not obtain a valid and subsisting building permit for or use or
occupy 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 swimming pool will not cause or result in leaks or other failures of
the swimming pool.
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
15.1 In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the Town incorporates by reference the British Columbia Energy
Step Code and Zero Carbon Step Code in accordance with sections 15.2
through 15.7.
15.2 In the case of a building permit submitted on or after 2025-JAN-01, a new
building or structure to which Part 3 or Part 9 of the Building Code applies, and
which is within the scope of the Zero Carbon Step Code, must be designed and
constructed to meet performance requirements specified in EL-4 (Zero Carbon
Performance) of the Zero Carbon Step Code.
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15.3 In the case of a building permit submitted on or after 2027-JAN-01, a new
building or structure to which Part 9 of the Building Code applies, and which is
within the scope of the Energy Step Code, must be designed and constructed to
meet the minimum performance requirements specified in Step 5 for Part 9
buildings of the BC Energy Step Code.
15.4 In the case of a building permit submitted on or after 2027-JAN-01, a new
building or structure to which Part 3 of the Building Code applies, and which is
within the scope of the Energy Step Code, must be designed and constructed to
meet the minimum performance requirements of the highest Step (Steps 2 - 4)
for the applicable use as specified in the BC Energy Step Code.
15.5 When an Energy Advisor or an architect, as required, provides energy reports or
field reviews in accordance with his bylaw, the Town will rely solely on field
reviews undertaken by the Energy Advisor or architect and the reports submitted
pursuant to this bylaw as assurance that the construction or applicable aspect
thereof substantially conforms to the design, and that the construction or
applicable aspect thereof substantially complies with the Building Code, this
bylaw, and other applicable enactments respecting energy efficiency.
15.6 With respect to a building permit for a building or structure that falls within the
scope of Part 9 of the Building Code, the owner must provide, to the satisfaction
of the Building Official, all the materials and documentation required by the BC
Energy Step Code, prepared and signed by an Energy Advisor, and such other
reports and materials as required by the Building Official.
15.7 For certainty, and notwithstanding Section 15.5 above, where a registered
professional is required under this bylaw, in respect of a building permit for a
building or structure that falls within the scope of Part 3 or Part 9 of the Building
Code, the professional design and field review shall include the materials and
documentation required by the applicable step of the BC Energy Step Code, and
such other reports and materials as required by the Building Official.
PART 16: ACCESS ROUTE FOR FIRE VEHICLE
16.1
Prior to the issuance of a building permit for a building 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 in conformance
with the building code.
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PART 17: OFFENCES
Violations
17.1
Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision
of this bylaw; and
(c) neglects to do anything required to be done under any provision of this
bylaw,
commits an offence and on summary conviction by a court of competent
jurisdiction, the person is subject to a fine of not more than $50,000.00, or a term
of imprisonment not exceeding six months, or both, in addition to the costs of
prosecution. Each day during which a violation, contravention or breach of this
bylaw continues is deemed to be a separate offence.
17.2
Every person who fails to comply with any administrative requirements
issued by a building official, or who allows a violation of this bylaw to
continue, contravenes this bylaw.
17.3
Every person who commences work requiring a building permit without first
obtaining such a permit must, if a Stop Work notice is issued and remains
outstanding for 30 days, pay an additional charge as outlined in "Town of
Qualicum Beach Miscellaneous Rates Bylaw No. 638, 2009" as amended from
time to time of this bylaw.
Deemed Offence
17.4
An owner is deemed to have knowledge of and be liable under this bylaw in
respect of any construction on the parcel the owner owns and any change in the
use, occupancy or both of a building or structure or part of a building or structure
on that parcel.
17.5
No person is deemed liable under section 17.4 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.
17.6
Nothing in section 17.5 affects
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(a) the Town's right to require and the owner's obligation to obtain a permit;
and
(b) the obligation of the owner to comply with this bylaw.
Ticketing
17.7
The application and offences outlined in "Town of Qualicum Beach Municipal
Ticket Information Utilization Bylaw No. 626, 2008" as amended from time to
time are designated for enforcement under s. 264 of the Community Charter.
PART 18: INTERPRETATION
Definitions
18.1
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 or contract, and includes a hired tradesperson or
constructor who may be granted a permit for work within the limitations of his
or her 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 Regulation means the Architects Regulation - 33/2023, regulated by the
Professional Governance Act [SBC 2018] c47, as amended or re-enacted from time
to time;
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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
Town, and includes a building inspector, plan checker, plumbing inspector, gas
inspector, or electrical inspector designated or appointed by the Town, and for
certainty the building official is the "building inspector" referred to in the
Community Charter and Local Government Act;
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,
construct includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
constructor means a person who constructs;
Energy Advisor means a person who is registered and in good standing as an
energy advisor with Natural Resources Canada in accordance with the
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EnerGuide Rating System (ERS) Administrative Procedures and adheres to the
technical standards and procedures of the ERS.
Engineers and Geoscientists Regulation means the Engineers and Geoscientists
Regulation - 14/2021, regulated by the Professional Governance Act [SBC 2018] c47,
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;
foundation means a system or arrangement of foundation units through which the
loads from a building are transferred directly to supporting soil or rock and
includes any portion of the exterior walls of a building that lie below the
finished grade immediately adjacent to the building;
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by
Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the building code; and subject to Parts 1
and 2 in relation to Parts 3 through 10, Division B;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form prescribed by the Town from time to time;
permit means permission or authorization in writing by the building official to
perform work regulated by this bylaw and, in the case of a occupancy
inspection notice, to occupy a building or part of a building;
plumbing system means a drainage system, a venting system and a water system
or parts thereof;
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 exceeding 1.2 metres in height that holds or
retains soil or other material behind it;
simple 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
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(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, uncovered
decks, steps, landings, ramps and patios not more than 0.5m above finished
grade, fences, paving and retaining walls less than 1.2 meters in height;
swimming pool means any structure or constructed depression used or intended to be
used for swimming, bathing, wading or diving which is designed to contain water
with a surface area exceeding 15 m2 to a depth exceeding 1.0 m, but does not
include irrigation, natural ponds or man-made ponds used for decorative or
landscape purposes only;
temporary detached tent means a structure that consists of a prefabricated
manufactured framework covered by a pliable membrane and no more than
35 square meters in floor area and 4.5meters in height;
value of the work means that amount that is declared or calculated using the
"Marshall & Swift Residential Cost Handbook", whichever is greater:
(a) the declared value of the work; or
(b) the value calculated using a method stipulated in the "Marshall Valuation
Service".
18.2
In this bylaw the following words and terms have the meanings
(a) set out in section 1.4.1.2 of the building code as of the date of the adoption of
this bylaw: accessible assembly occupancy, building, building area, building
height, business and personal services occupancy, care occupancy, constructor,
coordinating registered professional, designer, detention occupancy, excavation,
field review, firewall, first storey, grade, high hazard industrial occupancy,
industrial occupancy, low hazard industrial occupancy, major occupancy,
medium hazard industrial occupancy, mercantile occupancy, occupancy, post
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disaster occupancy, private sewage disposal system, registered professional,
residential occupancy, treatment occupancy or unsafe condition;
(b) subject to this bylaw, set out in the Schedule to the Community Charter:
assessed value, highway, land, occupier, parcel, public authority, service and
soil; and
(c) subject to this bylaw, set out in section 29 of the Interpretation Act: may,
must, obligation, person, property, writing, written and year.
18.3
Every reference to this bylaw in this or another bylaw of the Town is a
reference to this bylaw as amended to the date of the reference.
18.4
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 code or section may be amended or re-enacted from
time to time.
18.5
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.
Severability
18.6
If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for
any reason declared invalid by a court of competent jurisdiction, the decision
will not affect the validity of the remaining portions of this bylaw.
PART 19: REPEAL
19.1
Building Regulation Bylaw No. 643, 2009, and all amendments thereto, is
hereby repealed.
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INTRODUCED FOR FIRST READING this 20th day of November 2024.
READ A SECOND TIME this 11th day of December 2024.
READ A THIRD TIME this 11th day of December 2024.
ADOPTED this 18th day of December, 2024.
ORIGINAL SIGNED
ORIGINAL SIGNED
Teunis Westbroek
Heather Svensen
Mayor
Corporate Officer