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BUILDING BYLAW, 2019, NO. 9529
*CONSOLIDATED FOR CONVENIENCE AND REFERENCE PURPOSES ONLY*
This consolidated version is not a legal document. For official purposes please refer to the
original bylaw and amending bylaw documents.
Includes Bylaw Amendments:
No. 9570, 9585, 9723, 9789, 9928, 10029, 10042, 10118, 10050, 10178 and 10199
Page 2 of 60
THE CORPORATION OF THE DISTRICT OF SAANICH
BUILDING BYLAW, 2019, NO. 9529
Page 3 of 60
TABLE OF CONTENTS
Part 1: TITLE ................................................................................................................................. 6
Citation .......................................................................................................................................... 6
Part 2: PURPOSE OF BYLAW ..................................................................................................... 6
Part 3: SCOPE AND EXEMPTIONS ............................................................................................. 7
Application .................................................................................................................................... 7
Limited Application to Existing Buildings ....................................................................................... 7
Part 4: PROHIBITIONS ................................................................................................................. 8
Part 5: PERMIT CONDITIONS ..................................................................................................... 9
Part 6: POWERS OF A BUILDING OFFICIAL .............................................................................. 9
Administration ............................................................................................................................... 9
Refusal and Revocation of Permits ............................................................................................. 10
Right of Entry .............................................................................................................................. 10
Establishment of Forms .............................................................................................................. 11
Part 7: OWNER'S RESPONSIBILITIES ..................................................................................... 11
Permit Requirements .................................................................................................................. 11
Owner's Obligations .................................................................................................................... 12
Damage to Municipal Works ....................................................................................................... 13
Demolition ................................................................................................................................... 13
Notice .......................................................................................................................................... 14
Development Works and Services Required .............................................................................. 14
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR ........................................................... 16
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ............................................... 16
Professional Design and Field Review ....................................................................................... 16
Requirement for a Registered Professional ................................................................................ 16
Professional Plan Certification .................................................................................................... 17
Part 10: BUILDING APPLICATION requirements ....................................................................... 18
Requirements Before Applying for a Building Permit .................................................................. 18
Building Permit Applications for Complex Buildings ................................................................... 19
Building Permit Applications for Simple Buildings ....................................................................... 22
Site and Location Information ..................................................................................................... 25
Building Permit Fee ..................................................................................................................... 25
Security Deposit with Building Permit Application ....................................................................... 25
Page 4 of 60
Permit Fee Refunds .................................................................................................................... 27
Design Modification ..................................................................................................................... 27
Construction Before Permit Issued ............................................................................................. 27
Expiration of Application for a Permit .......................................................................................... 27
Issuance of a Building Permit ..................................................................................................... 27
Compliance with the Homeowner Protection Act ........................................................................ 28
Partial Construction ..................................................................................................................... 28
Conditions of a Building Permit ................................................................................................... 29
Inspections .................................................................................................................................. 29
Stop Work Order ......................................................................................................................... 31
Do Not Occupy Notice ................................................................................................................ 31
Inspection and Other Fees .......................................................................................................... 32
Permit Expiration ......................................................................................................................... 32
Permit Extension ......................................................................................................................... 32
Building Permit Revocation ......................................................................................................... 33
Building Permit Cancellation ....................................................................................................... 33
Occupancy .................................................................................................................................. 33
Temporary Buildings ................................................................................................................... 34
Sanitary Facilities ........................................................................................................................ 36
Second Dwelling Unit .................................................................................................................. 36
Alternative Solutions ................................................................................................................... 36
Part 11: RETAINING WALLS AND GRADES ............................................................................. 37
Part 12: BUILDING MOVE .......................................................................................................... 37
Part 13: NUMBERING OF BUILDINGS ...................................................................................... 37
Part 14: Energy CONSERVATION AND GHG EMISSION REDUCTION ................................... 38
Part 15: FIRE ACCESS ROUTES AND SPARK ARRESTORS ................................................. 39
Part 16: EMERGENCY COMMUNICATIONS ............................................................................. 40
Definitions ................................................................................................................................... 40
Prohibitions ................................................................................................................................. 41
Exemptions ................................................................................................................................. 42
Requirements .............................................................................................................................. 42
Acceptance Testing .................................................................................................................... 43
Annual Testing ............................................................................................................................ 45
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Qualifications of Testing Personnel and Equipment ................................................................... 46
Part 17: OFFENCES ................................................................................................................... 46
Violations .................................................................................................................................... 46
Deemed Offence ......................................................................................................................... 46
Part 18: INTERPRETATION ....................................................................................................... 47
Definitions ................................................................................................................................... 47
Appendices ................................................................................................................................. 50
Severability ................................................................................................................................. 50
Part 19: REPEAL ........................................................................................................................ 51
Part 20: IN FORCE ..................................................................................................................... 51
Part 21: Appendix A - Fees ........................................................................................................ 52
Part 22: Appendix B - Letter of Authorization ............................................................................. 56
Part 23: Appendix C - Complex Permit Occupancy Checklist .................................................... 57
Part 24: Appendix D - Stop Work Order ..................................................................................... 59
Page 6 of 60
THE CORPORATION OF THE DISTRICT OF SAANICH
BYLAW No. 9529
BUILDING BYLAW
A Bylaw for Administration of the Building Code and Regulation of Construction
____________________________________________________________________________
The Municipal Council of The Corporation of the District of Saanich in open meeting assembled
enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Building Bylaw, 2019, No 9529".
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.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the District 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 District or any building official of any responsibility for
ensuring the compliance by any owner, his or her representatives or any employees,
constructors or designers retained by 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 District is free from latent, or any, defects; or
(e) the protection of adjacent real property from incidental damage or nuisance.
Page 7 of 60
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the District and to land, the surface of
water, air space, buildings or structures in the District.
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) except as set out in Part 11 [Retaining Walls] of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10 square metres in area that is
used for utility purposes that do not create a hazard;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.20 metres in height, or
other similar landscape structures on a parcel zoned for single-family residential
occupancy uses under the District's zoning bylaw; and
(d) a building or structure commonly known as "Canadian Standards Association Z240
MH series or Z241 series", except as regulated by the building code.
Limited Application to Existing Buildings
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 District, 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 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.
Page 8 of 60
PART 4: PROHIBITIONS
4.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, or 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 permit 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.
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 District 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.
Page 9 of 60
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 District 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.
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 an agent, the agent 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, but owes no public duty to enforce or administer this bylaw;
Page 10 of 60
(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
District, and must state the reason in writing.
6.4
A building official may revoke a permit if, in his or her 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 District 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 of Appendix D;
(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;
Page 11 of 60
(d) an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary to
this bylaw or an order issued by a building official;
(g) a person to cease any occupancy in contravention of a provision of this bylaw;
(h) a person to cease any occupancy if any unsafe condition exists because of work
being undertaken but not complete and where the building official has not issued an
occupancy permit in relation to 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
(a) within the time ordered, or
(b) if no time is ordered, immediately.
Establishment of Forms
6.9
The District's Manager of Inspection Services may from time to time establish one or
more forms for the following purposes under this bylaw:
(a) an application for a building permit;
(b) a plumbing permit;
(c) a building permit; and
(d) an occupancy permit.
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, plumbing, repairing or altering a building or structure, including a
retaining wall;
Page 12 of 60
(b) moving a building or structure into or within the District;
(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or chimney,
whether attached to, part of or detached from a building;
(f) changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
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.
7.3
Despite section 7.1, a permit is not required in the following circumstances:
(a) for minor repairs or alterations to non-structural components of a building;
(b) where a valve, faucet, fixture or service water heater is repaired or replaced, a
stoppage cleared, or a leak repaired if no change to the piping is required;
(c) for an accessory building less than 10 square metres in area that is used for utility
purposes that do not create a hazard;
(d) for retaining structures less than 1.20 metres in height;
(e) for retaining structures greater than 1.20 metres in height that are more than 30
degrees off vertical.
Owner's Obligations
7.4
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; and
(b) ensure that all permits, all plans and specifications and supporting documents on
which a permit was based, all municipal inspection certificates, and all professional
field reviews are available at the site of the work for inspection during working hours
by the building official, and that all permits are posted conspicuously on the site
during the entire execution of the work.
Page 13 of 60
7.5
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 District 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.
7.6
Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw. Every owner to whom a permit is
issued must, during construction,
(a) post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
(b) post the permit on a placard on the property so that it may be easily read from the
public highway from which the property takes its address.
Damage to Municipal Works
7.7
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.
7.8
In addition to payment of a security deposit under sections 10.8 to 10.11, every owner
must pay to the District, within 30 days of receiving an invoice for same from the District,
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.
Demolition
7.9
Prior to obtaining a permit to demolish a building or structure, the owner must:
(a) Provide to the District a vacancy date;
(b) Pay any applicable capping and inspection chamber installation fees as set out in
the District's bylaws governing waterworks and sewer;
(c) Ensure that all municipal services and other services are capped and terminated at
the property line; and
(d) Provide to the District a hazardous material report and clearance letter.
(e) Pay all charges and meet all requirements imposed by any other statute or bylaw.
7.10
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.
Page 14 of 60
Notice
7.11
Every owner must give 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.
7.12
If an owner or a registered professional terminates the engagement of the 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.
7.13
Without limiting sections 10.28 to 10.43, every owner must give at least 48 hours' 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
(c) when work has been completed so that a final inspection can be made.
7.14
Every owner must give notice in writing to a building official and pay the non-refundable
fee set out in Appendix A immediately upon any change in ownership or change in the
address of the owner which occurs prior to the issuance of an occupancy permit.
7.15
Every owner must give such other notice to a building official as may be required by the
building official or by a provision of this bylaw.
Development Works and Services Required
7.16
Without limiting any other requirement of this bylaw, every owner of land being developed
shall construct, upgrade or install all development works and services on the parcel or
parcels being developed and along the entire length of the frontage of any highway
adjacent to the parcel or parcels in accordance with the standards and specifications
prescribed in the District's Subdivision Bylaw, 1995, or any successor bylaw.
7.17
Except as provided in section 7.18, all development works and services required under
section 7.16 shall be constructed, upgraded and installed at the expense of the owner of
the land prior to the issuance of a building permit.
Page 15 of 60
7.18
Despite section 7.17, in the case of any development other than a development that
involves only single family or two family dwellings, the development works and services
required under section 7.16 may be constructed, upgraded and installed after the issuance
of a building permit, but only if the owner of the land:
(a)
deposits with the District a bond in favour of the District in an amount not less than
120% of the estimated cost of the required development works and services; and
(b)
enters into a development servicing agreement with the District to construct, upgrade
and install the required development works and services by no later than a specified
date or forfeit the deposit under subsection (a).
7.19
Every owner of land being developed shall, prior to the issuance of a building permit, do
the following:
(a)
deposit with the District a bond in favour of the District in an amount not less than
5% of the estimated cost of the development works and services required under
section 7.16;
(b)
enter into a warranty agreement with the District to rectify any deficiencies in design,
materials or workmanship that may arise in connection with the required
development works and services during the period of 12 months following
acceptance of the required development works and services by the District, failing
which the deposit under subsection (a) shall be forfeited to the District; and
(c)
pay to the District an administration fee equal to 4.5% of the estimated cost of the
required development works and services.
7.20
Prior to the acceptance of any required development works and services by the District,
every owner of land being developed shall do the following:
(a)
where the required development works and services are not within a highway and
are located within or upon the land being developed, the owner shall grant to the
District a statutory right of way in respect of such development works and services
in a form satisfactory to the Director of Engineering; or
(b)
where the required development works and services are not within a highway and
are located within or upon land other than the land being developed, the owner shall
obtain the grant to the District by the owner of such land a statutory right of way in
respect of such development works and services in a form satisfactory to the Director
of Engineering.
7.21 For development of Non-Market Housing, as defined by the Zoning Bylaw, the Director
of Engineering may, at their sole discretion and to their satisfaction, accept a Letter of
Indemnity secured by a public authority in lieu of the security requirements set out in
sections 7.18(a) and 7.19 of this Bylaw.
Page 16 of 60
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 property is disturbed, no building or structure erected, and
no materials stored thereon, in whole or in part, without first having obtained approval in
writing from the appropriate authority over such public property.
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 District of letters of assurance in accordance with the
requirements of the building code shall occur prior to
(a)
the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
(b)
a final inspection for a 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 District 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
[this section has been deleted]
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;
Page 17 of 60
(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 District 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) for 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 5 of the
building code; and
(g) for a parcel of land on which a building or structure is proposed if the building official
believes the parcel is or is likely to be subject to flooding, mud flows, debris flows,
debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the
requirement for a professional design is in addition to a requirement under Division 8
of Part 3 of the Community Charter
(i) for a report certified by a professional engineer with experience in
geotechnical engineering that the parcel may be used safely for the use
intended, and
(ii) that the plans submitted with the application comply with the relevant
provisions of the building code and applicable bylaws of the District.
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 District 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 any 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.
Page 18 of 60
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
District or its building officials on the registered professionals.
9.8
If a building permit is issued for construction of a complex building, the permit fee is
reduced by 5% of the fees payable under Appendix A to this bylaw, 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 application 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 District'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 District, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of Variance;
(c) an approving officer must have approved the subdivision plan that, once registered,
would create the parcel on which the proposed building or structure will be
constructed, and the subdivision plan must have been registered in the Land Title
Office;
(d) the owner must provide evidence to the building official showing that the person
applying for the building permit is either the owner of the parcel that is the subject of
the proposed building permit, or is the agent of the owner, in which case, the agent
must provide the name and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended to be
connected to the District's sewage disposal system, the owner must apply for and
obtain any required approval from the Vancouver Island Health Authority (or any
successor organization) and any other applicable public authorities for an alternate
private sewage disposal system;
(f) if the parcel that is the subject of the building permit application is not intended to be
connected to the District's waterworks system, the owner must apply for and obtain
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approval from the Vancouver Island Health Authority (or any successor
organization) and any other applicable public authorities for an alternate water
supply system;
(g) if the parcel that is the subject of the building permit application is not intended to be
connected to the District's storm water drainage system, the owner must apply for
and obtain approval from the District and other applicable public authorities for the
alternate storm water drainage and detention system; and
(h) if all on site and off site works and services required by a District bylaw or other
enactments have not been completed in accordance with the enactments, the owner
must enter into a completion agreement with the District and deliver to the District a
bond for completion of the works and services.
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 Manager of Inspection Services and signed
by the owner, or a signing officer if the owner is a corporation;
(b) include a copy of a title search for the relevant property made within 30 days of the
date of the permit application;
(c) include a building code compliance summary including the applicable edition of the
building code, such as without limitation whether the building is designed under Part
3 or Part 9 of the building code, major occupancy classification(s) of the building,
building area and building height, number of streets the building faces, and
accessible entrances, work areas, washrooms, firewalls and facilities;
(d) include a copy of a survey plan prepared by a British Columbia land surveyor;
(e) 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;
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(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system or storm water
drainage system;
(viii)
zoning compliance summary;
(ix)
the location, dimensions and gradient of parking and parking access;
(x)
proposed and existing setbacks to property lines;
(xi)
natural and finished grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to
ascertain foundation height;
(xii)
first storey floor elevation;
(xiii)
location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
(xiv)
line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi)
location of existing and proposed service connections;
(xvii) location and species of all trees greater than 10 centimetres in diameter;
(xviii) location of top 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 District's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
except that the building official may waive, in whole or in part, the requirements for a
site plan, if the permit is sought for the repair or alteration of an existing building or
structure, but only where such repair or alteration does not add additional floor area
to the building or structure;
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(f) include floor plans showing the dimensions and uses and occupancy classification
of all areas, including: the dimensions and height of crawl and roof spaces; the
location, size and swing of doors; the location, size and opening of windows; floor,
wall, and ceiling finishes; fire separations; plumbing fixtures; structural elements;
and stair dimensions;
(g) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and construction
systems;
(h) 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 District's zoning bylaw and any applicable development permit;
(i) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(j) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and
2.2.9, Division C of the building code;
(k) 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;
(l) 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;
(m) 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;
(n) include five (5) sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (f) to (j) of this section,
which may be included by digital submission; and
(o) include illustration of any slopes on the subject parcel that exceed 30%.
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 District's subdivision and development servicing bylaw;
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(b) a cross-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 Manager of Inspection Services and signed by
the owner, or a signing officer if the owner is a corporation;
(b) include a copy of a title search for the relevant property made within 30 days of the
date of the permit application;
(c) 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;
(d) 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;
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(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;
(xiv)
location and elevation of curbs, sidewalks, manholes and service poles;
(xv)
location of existing and proposed service connections;
(xvi)
location and species of all trees greater than 10 centimetres in diameter;
(xvii) location of top 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 District's
land use regulations or provincial flood mapping regulations establish
siting requirements related to minimum floor elevation,
(e) 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, but only where such repair or alteration does not add additional
floor area to the building; 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;
(f) include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(g) 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 District's zoning bylaw and
any applicable development permit;
(h) 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;
Page 24 of 60
(i) 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;
(j) include geotechnical letters of assurance, in addition to a required geotechnical
report, if the building official determines that the site conditions so warrant;
(k) include five (5) sets of drawings at a suitable scale of design including the
information set out in (e) to (h) of this section, which may be included by digital
submission; and
(l) include a building code compliance summary including the applicable edition of the
building code, such as, without limitation, whether the building is designed under
Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C of the building
code.
10.5
In addition to the requirements of section 10.4 of this Part, if a project involves
(a) two or more buildings, the gross floor areas of which in the aggregate total more
than 1000 square metres;
(b) two or more buildings that will contain four or more dwelling units; or
(c) otherwise if the complexity of the proposed building or structure or siting
circumstances warrant,
(d) a building official may require the following be submitted with a permit application
for the construction of each simple building in the project:
(e) a cross-section through the site showing grades, buildings, structures, parking areas
and driveways;
(f) a roof plan and roof height calculations;
(g) structural, electrical, plumbing, mechanical or fire suppression drawings prepared
and sealed by a registered professional;
(h) letters of assurance in the form of Schedule B referred to in Division C of the
building code, signed by a registered professional; and
(i) 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.
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Site and Location Information
10.6
Without limiting sections 10.2(d) or 10.4(c) of this Part, the building official may in writing
require an owner to submit an up-to-date plan or survey prepared by a registered British
Columbia land surveyor which contains sufficient information respecting the site and
location of any building to
(a) establish, before construction begins, that all the provisions of this bylaw in relation
to this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other
applicable bylaw have been complied with;
(c) in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or its
relationship to neighbouring grades; and
(d) in relation to construction of a new building, or addition to an existing building, prior
to and after the placement of concrete for foundations and footings, show the
elevation at proposed top of concrete on all building elevations and at all significant
changes of elevation to substantiate its size, location and elevation,
and every person given 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 District
(a) the building permit fee prescribed in Appendix A; and
(b) any fees, charges, levies or taxes imposed by the District and payable under an
enactment at the time of issuance of the building permit.
Security Deposit with Building Permit Application
10.8
An applicant for a building permit must pay to the District, at the time of the application,
the following security deposit:
(a) for a single family dwelling parking structure, a combination parking
structure/accessory building, or an accessory building greater than 25 square
metres: $1,000.00;
(b) for a single family dwelling addition, alteration, renovation (including demolition of
existing building(s) and structure(s)): $1,000.00;
(c) for a new single family dwelling or simple building (including demolition of existing
building(s) and structure(s)): $2,000.00;
Page 26 of 60
(d) for a complex building: $10,000.00;
(e) for a second dwelling unit under section 10.61 of this bylaw: $50,000.00;
(f)
for demolition of a single family dwelling or accessory building: $1,000.00; and
(g) for demolition of a building other than a single-family dwelling or accessory building:
$2000.00.
(h) No security deposit shall be required for municipal projects conducted by or on
behalf of Saanich, on property owned or managed by Saanich.
10.9
The security deposit sum set out in section 10.8 of this Part
(a) covers the cost borne by the District 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 District 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 an occupancy permit
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 the return of the security.
10.11 Any credit greater than the amount of the security deposit used by the District for the
purposes described in sections 10.8 to 10.10 of this Part will be returned to the original
depositor. Any amount in excess of the security deposit required by the District to
complete corrective work to public lands, public works, or the site is recoverable by the
District from the permit holder, the constructor or the owner of the property.
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Permit Fee Refunds
10.12 No fee or part of a fee paid to the District may be refunded if construction of the building
has started.
10.13 Fifty percent (50%) of a building permit or other permit fee may be refunded, only if
(a) the owner has submitted a written request for a refund;
(b) the building official has certified a start has not been made on the construction of the
building or structure; and
(c) the permit has not expired.
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 District the applicable plan revision fee
set out in Appendix A.
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
$20,000.00 over and above the standard fee.
Expiration of Application for a Permit
10.17 A building permit application expires 180 days from the date a complete application is
received under this Part if the building permit is not issued by the application expiration
date, unless the permit is not issued only due to delays caused by the District.
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 agent has paid all charges and met all requirements imposed
by any other statute or bylaw;
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(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 District requires or
authorizes the permit to be withheld,
the building official must issue the permit for which the application is made.
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 concerning 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.
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 for a foundation issued under this
bylaw 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 District 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 District's Zoning Bylaw, must be erected around
the building site for protection of the public.
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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 Appendix A. 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.
Inspections
10.27 If a registered professional provides letters of assurance in accordance with this Part,
the District 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 obtain an inspection and
receive a building official's written acceptance prior to concealing the work for the
following stages of inspection, as may be applicable:
(a)
Demolition Inspection;
(b)
Excavation and Footing Forms Inspection;
(c)
Foundation Forms Inspection;
(d)
Foundation Drainage, Damp Proofing and Rainwater Leaders Inspection;
(e)
Underslab Radon Inspection;
(f)
Underslab Plumbing Inspection;
(g)
Slab/Foundation Insulation Inspection;
Page 30 of 60
(h)
Sewer, Storm and Water Lateral Inspection;
(i)
Rough Plumbing Inspection;
(j)
Framing and Sheathing Inspection;
(k)
Pre-Cladding and Flashing Inspection;
(l)
Solid fuel Burning Appliance, Fireplace, and Factory Building Chimney
Inspection;
(m)
Insulation Inspection;
(n)
Fire Separation Inspection;
(o)
Stucco-Wire Inspection;
(p)
Occupancy Inspection;
(q)
Final Inspection.
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 District 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) give at least 48 hours' notice to the District when requesting a preconstruction
meeting with the building official prior to the start of construction, and the owner or
his or her representative must ensure that the coordinating registered professional,
the constructor, as well as representatives of major trades, are in attendance; and
Page 31 of 60
(b) give at least 48 hours' notice to the District when requesting a pre-occupancy
coordinated site review coordinated by the coordinating registered professional or
other registered professional to have the owner, the constructor and the registered
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 District requirements and other
enactments respecting safety and the conservation, GHG emission and accessibility
aspects of the work; and
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 described in Appendix D 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 District 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 District.
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.
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 of Appendix E on the affected part of the building or structure.
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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 Appendix A 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;
(b) a special inspection during the District's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements because of
time, location or construction techniques; and
(c) inspection required under this bylaw which cannot be carried out during the District's
normal business hours.
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
(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 two years 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 twelve months, if construction has not been commenced or has been
discontinued due to adverse weather, strikes, material or labour shortages, other similar
hardship beyond the owner's control, or if the size and complexity of the construction
warrants, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in Appendix A has been paid.
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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 District,
and 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, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the building official.
10.48 On receipt of the written cancellation notice, the building official must mark on the
application, and a permit if applicable, the date of cancellation and the word "cancelled".
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 application is cancelled, the building official must return to the owner
any fees deposited under Appendix A, less
(a) any non-refundable portion of the fee; and
(b) 15% 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 an
occupancy permit has been issued by a building official.
10.52 An occupancy permit 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 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 District as-built plans of works and services in digital
format as required by the District;
Page 34 of 60
(d) the owner has provided to the District a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and elevation
determined in accordance with the District's land use regulations;
(e) all other documentation required under applicable enactments has been delivered to
the District; and
(f) the owner has delivered to the District as-built drawings of the building or structure
in digital format as required by the District.
10.53 When a registered professional provides letters of assurance in accordance with this
bylaw, the District will rely solely on the letters of assurance when issuing an occupancy
permit 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 an occupancy permit 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 An occupancy permit may not be issued unless
(a) all letters of assurance have been submitted when required in accordance with the
requirements of this bylaw;
(b) all aspects of the work requiring inspection and review pursuant to this bylaw have
both been inspected and accepted;
(c) the owner has executed and delivered to the District every agreement, instrument or
form required by the District in relation to the work or the site; and
(d) all required offsite works respecting safety have been completed.
Temporary Buildings
10.56 Subject to the bylaws of the District and orders of its council, the building official may
issue a building permit for the erection or placement of a temporary building or structure
for occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the District's zoning bylaw,
built in compliance with the building code and this bylaw, and connected, as
required by enactments, to District utility services.
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10.57 An application for a building permit for the erection or placement of a temporary building
or structure must be made in the form of a temporary permit application in the form
prescribed by the District's Manager of Inspections, signed by the owner or agent, and
must include
(a) plans and supporting documents showing the location and building height of the
building or structure on the parcel;
(b) plans and supporting documents showing construction details of the building or
structure;
(c) a statement by the owner indicating the intended use and duration of the use;
(d) plans and supporting documents showing the proposed parking and loading space;
(e) a written description of the project explaining why the building is temporary;
(f) a copy of an issued development permit, if required;
(g) in the case of a manufactured building, a CSA label in respect of manufacture and,
without limitation, a Quonset or other steel building must be certified in accordance
with CSA Standard A660;
(h) a report or drawing by an engineer, architect or designer confirming compliance with
the building code, this bylaw, the District's zoning bylaw and other applicable
bylaws;
(i) security in the form of cash or a letter of credit for 10% of the value of the temporary
building, which security
(i)
may be used by the District to remove the building after one year of the
date of the final inspection required under this bylaw; or
(ii)
must be returned to the owner if the owner removes the temporary building
within one year of the date of the final inspection of the temporary building
required under this bylaw; and
(j) in the case of a temporary building, information to comply with article 1.1.1.1(2)(f),
Division C of the Building Code.
10.58 Before receiving a building permit for a temporary building or structure for occupancy,
the owner must pay to the District the applicable building permit fee set out in Appendix
A.
10.59 A permit fee for a temporary building or structure is not refundable.
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Sanitary Facilities
10.60 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.
Second Dwelling Unit
10.61 Where only one dwelling unit is permitted on a parcel, the owner may obtain a building
permit to construct a second dwelling unit on the parcel by entering into a written
agreement with the District prior to the issuance of the building permit, whereby the
owner agrees to:
(a)
demolish the first dwelling unit within 30 days of issuance of an occupancy permit
for the second dwelling, or actual occupation of the second dwelling, whichever
occurs first; or
(b)
convert the first dwelling unit to an alternative use permitted under the District's
zoning bylaw within 30 days of issuance of an occupancy permit for the second
dwelling, or actual occupation of the second dwelling, whichever occurs first; and
(c)
if the owner elects to convert the first dwelling unit pursuant to subsection (b),
grant, and register against title to the parcel in priority over all charges and
encumbrances of a financial nature, a covenant to the District under section 219
of the Land Title Act as required by the District's Manager of Inspection Services.
Alternative Solutions
10.62 An owner that wishes to provide alternative solutions to satisfy one or more of the
requirements of the Building Code or this Bylaw must submit sufficient evidence to
demonstrate that the proposed alternative solutions will provide the level of performance
required by the Building Code or this Bylaw and pay the fee specified in Appendix A of
this Bylaw.
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PART 11: RETAINING WALLS AND GRADES
11.1
No person may construct, or structurally repair, a retaining wall without a building permit.
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 or structure into or within the District
(a) except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code;
and
(b) where a building permit has been issued for the building or structure.
PART 13: NUMBERING OF BUILDINGS
13.1
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 District
(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.
13.2
Despite section 13.1, the District's Director of Engineering may renumber or alter the
assigned numbers in respect of any building on any parcel, including those already in
existence or numbered.
13.3
Without limiting sections 13.1 or 13.2, the District's Director of Engineering 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.
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13.4
Without limiting sections 13.1 through 13.3, 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 14: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
14.1
In relation to the reduction of greenhouse gas emissions, the District incorporates by
reference the Zero Carbon Step Code in accordance with sections 14.2 to 14.8 below.
14.2
For building permit applications received on or after May 1, 2023 to October 31, 2023
inclusive, a building regulated by Part 9 of the building code must be designed and
constructed to meet or exceed the performance requirements specified in GHG Emission
Level 1 (measure only) of the Zero Carbon Step Code.
14.3
For building permit applications received on or after November 1, 2023, a building
regulated by Part 9 of the building code must be designed and constructed to meet or
exceed the performance requirements specified in GHG Emission Level 4 of the Zero
Carbon Step Code.
14.4
For building permit applications received on or after May 1, 2023 to June 30, 2024
inclusive, a multi-unit residential building that is six storeys or fewer and regulated by
Part 3 of the building code must be designed and constructed to meet or exceed the
performance requirements specified in GHG Emission Level 1 (measure only) of the
Zero Carbon Step Code.
14.5
For building permit applications received on or after May 1, 2023 to October 31, 2024
inclusive, all buildings regulated by Part 3 of the building code other than multi-unit
residential buildings that are six storeys or fewer, must be designed and constructed to
meet or exceed the performance requirements specified in GHG Emission Level 1
(measure only) of the Zero Carbon Step Code.
14.6
For building permit applications received on or after July 1, 2024 a multi-unit residential
building that is six storeys or fewer and regulated by Part 3 of the building code must be
designed and constructed to meet or exceed the performance requirements specified in
GHG Emission Level 4 of the Zero Carbon Step Code.
14.7
For building permit applications received on or after November 1, 2024, a building
regulated by Part 3 of the building code must be designed and constructed to meet or
exceed the performance requirements specified in GHG Emission Level 4 of the Zero
Carbon Step Code.
14.8
The owner of any building subject to a requirement under sections 14.2 to 14.7 must do
the following prior to the issuance of any occupancy permit in respect of the building:
(a) submit a compliance report to the District's Inspections Division; and
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(b) submit an electronic copy of one of the following home energy labels to the District's
Inspections Division and affix a printed version of this home energy label to the
building in a conspicuous location, upon or in close proximity to the electrical panel:
(i) an EnerGuide Rating System label;
(ii) a Passive House Certification; or
(iii) a comparable home energy label acceptable to the District's Manager
of Inspection Services.
14.9
The building official may issue directives with respect to the application related to
technical matters, including such energy reporting requirements for the purpose of
producing the compliance report."
PART 15: FIRE ACCESS ROUTES AND SPARK ARRESTORS
15.1
Prior to 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 that when exceeding 45 meters, satisfies
the following:
(a) the clear width of an access route must be not less than 6 metres;
(b) the centerline radius of an access route must be not less than 12.0 metres;
(c) the overhead clearance of an access route must be not less than 5.0 metres;
(d) the gradient of an access route must not change more than 1 in 12.5 over a
minimum distance of 15.0 metres, unless the building official is satisfied that an
alternative solution under BC Building Code 9.10.20.3.(1) is acceptable.;
(e) the access route must comply with the bearing load and surface material standards
of the District's Subdivision and Development Servicing Bylaw, as amended or
replaced from time to time;
(f) the access route must have turnaround facilities for any dead-end portion of the
access route more than 90 metres long;
(g) the access route must be connected with a public highway; and
(h) if a portion of the building or structure is completely cut off from the remainder of the
building or structure so that there is no access to the remainder of the building or
structure, the access route shall be located so that the unobstructed path of travel
from the vehicle to one entrance of each portion of the building is not more than
45 m.
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15.2
In any case where a chimney is attached to a solid fuel burning appliance installed in
any building or structure located within the Rural Saanich Interface Fire Hazard
Development Permit Area under the District's official community plan, such chimney
shall be equipped with a spark arrestor that complies with the following:
(a) the arrestor screen shall have heat and corrosion resistance equivalent to 19-guage
(1.04 mm) galvanized steel or 24-guage (0.61 mm) stainless steel;
(b) arrestor screen openings shall not allow passage of spheres having a diameter
larger than 12.7 mm nor block the passage of spheres having a diameter of less than
9.5 mm;
(c) the arrestor shall be accessible for cleaning, and the screen or chimney cap shall be
removable to allow for cleaning of the chimney flue;
(d) where the arrestor is part of a listed chimney termination system, it shall be
constructed and installed in accordance with the listing.
PART 16: EMERGENCY COMMUNICATIONS
Definitions
16.1 In this part:
adequate emergency radio coverage means coverage that provides system access and
"delivered audio quality" (DAQ) of 3.4 or better (speech understandable with repetition
only rarely, some noise or distortion may be present) for communication between a
portable (handheld) radio with simple flexible whip antenna ("rubber ducky") and the
CREST Communications System on all frequencies utilized by the CREST
Communications System:
(a)
within the building, for a minimum of 90% of the area of each floor of the building,
including underground areas such as for parking;
(b)
within the building, for 100% of fire command centres, stairwells, protect-in-place
areas, lobby refuge areas, equipment rooms and high-hazard areas; and
(c)
in areas that are in the shadowed area of the building, in 90% of all areas where
DAQ 3.4 could be achieved before the erection, construction or modification of
the building or structure;
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amplification system means a system that satisfies all of the following requirements:
(a)
the system is comprised of one or more of the following components:
(i)
passive antenna systems or radiating cable systems;
(ii)
distributed antenna systems with uni-directional or bi-directional amplifiers
as needed;
(iii)
voting receiver systems; or
(iv)
any other system accepted by the Fire Chief in writing in a particular
instance;
(b)
each of the components referred to in subsection (a) is included in the Radio
Equipment List published from time to time by Innovation, Science and Economic
Development Canada (ISED) or any successor organization;
(c)
the system is licensed and maintained in accordance with the applicable
requirements of Innovation, Science and Economic Development Canada (ISED)
or any successor organization;
CREST means Capital Region Emergency Service Telecommunications Inc., and
includes any successor organization;
CREST Communications System means the public safety communications system
network maintained by CREST;
Fire Chief means the person appointed as Chief of the Saanich Fire Department or that
person's authorized delegate;
radio communications engineer means a professional engineer registered in the
Province of British Columbia and qualified in radio communications;
shadowed area means an area that suffers attenuation or obstruction of radio signals to
or from the area as a result of the interposition of all or any part of the building or
structure in the radio signal path between the area and the transmitting/receiving site of
the CREST Communications System.
Prohibitions
16.2 Unless a specific exemption under section 16.5 applies, no person shall erect, construct,
change the use of, or renovate any building or structure or any part thereof, or cause the
same to be done, in a manner that:
(a)
degrades the radio coverage provided by the CREST Communications System
as experienced by its users, including but not limited to fire services and law
enforcement personnel; or
(b)
fails to result in adequate emergency radio coverage in the building or structure
or any shadowed area.
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16.3 No occupancy permit shall be issued for a building or structure or any part thereof until
the requirements of this Part have been met to the satisfaction of the building official and
the Fire Chief.
16.4 Despite any other provision of this Part, no amplification system shall degrade the
outdoor performance of the CREST Communications System except with the prior
written consent of CREST.
Exemptions
16.5 This Part shall not apply to:
(a)
a building or structure regulated under Part 9 of the building code;
(b)
any building or structure regulated under Part 3 of the building code that
complies with all of the following:
i)
is constructed entirely of wood frame;
ii)
does not have any metal cladding;
iii)
does not have any Low-E reflective glass;
iv)
does not have any portion of the building or structure with a floor level
that is partially or wholly underground, including basements, cellars and
crawlspaces;
v)
the area of all the floors of the building or structure is less than 4,500
square metres, as measured to the lesser of the outside edge of the
exterior walls or sheathing; and
vi)
is less than 12 metres in height, as measured from the lowest ground
elevation of the building or structure to the highest point of the building or
structure; or
(c)
any building or structure that is exempted from this Part by the Fire Chief or
building official in writing.
Requirements
16.6 Where necessary to comply with section 16.2, the owner of a building or structure shall
install an amplification system in accordance with this Part.
16.7 An amplification system must be designed, installed, tested, commissioned and
maintained by, or under the direct supervision of, a radio communications engineer, and
at the sole expense of the owner.
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16.8 If any part of an installed amplification system contains an electrically powered
component, the following requirements must be satisfied:
(a)
the amplification system shall be equipped to operate on an independent
"Uninterruptible Power Supply" (UPS), using a battery and/or generator system,
for a period of at least four hours without external power or maintenance;
(b)
all amplifiers and electronics used in the amplification system shall be protected
by National Electrical Manufacturers Association (NEMA) type 4 or higher
enclosures;
(c)
the UPS must automatically charge the batteries in the presence of external
power;
(d)
the UPS must provide a monitored alarm signal to indicate failure of primary
power, failure of the UPS system power output, or discharge of the batteries, with
the silencing of the alarm being the responsibility of the owner or the person
maintaining the amplification system on behalf of the owner;
(e)
the Saanich Fire Department must be notified of any failure referred to in
subsection (d) immediately following detection of the failure, and in any event not
later than two hours after the initial failure has occurred;
(f)
notwithstanding subsection (e), the Saanich Fire Department must be notified
immediately of any critical alarm detected by the amplification system regarding
battery condition or amplification system performance;
(g)
an amplification system summary alarm, consisting of a relay contact closure or
equivalent, must be provided to the building fire panel by means of a hard wired
connection.
16.9 Where signal amplifiers are used as part of an amplification system, they must include
filters that will protect the amplifiers from overload and the system from interference by
out-of-band signals.
Acceptance Testing
16.10 Acceptance tests and measurements shall be performed by the radio communications
engineer on behalf of the owner after completion of installation of the amplification
system in accordance with all of the following requirements:
(a)
tests shall be performed using radio frequencies designated by CREST, after
proper coordination with an authorized representative of CREST and with the
Fire Chief and the Chief Constable of the Saanich Police Department.
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(b)
if queuing occurs on the radio system while testing is underway, testing shall be
terminated immediately and resumed only when traffic levels on the system drop
to the level where queuing will no longer occur;
(c)
where the shadowed area, or the floor area of a building, is greater than 4,500
square metres the area shall be divided into a uniform grid of not more than 15 m
on a side, or if the floor area is smaller than 4,500 square metres, it shall be
divided into a uniform grid of approximately 20 equal areas, each a minimum of 9
square metres, and measurements shall be taken in each grid area;
(d)
the size and number of the grids referred to in subsection (c) may be reduced or
increased by written direction of the Fire Chief or a building official where special
construction or other obstructions may significantly affect communications;
(e)
tests shall also be performed in fire command centres, stairwells, protect-in-place
areas, lobby refuge areas, equipment rooms, and high-hazard areas;
(f)
tests shall be made using a portable (handheld) radio of the type used by
emergency service personnel, carried at hip level (with external speaker/mic) and
using a simple "rubber ducky" antenna;
(g)
a test shall be deemed satisfactory if DAQ 3.4 or better can be achieved for a
five-second test transmission in each direction;
(h)
if system access is not reliable, or if DAQ 3.4 for five seconds cannot be
achieved at any location, the test operator may move a maximum of 1.5 m in any
direction inside of the grid and repeat the test;
(i)
if, following a repeat test under subsection (h), system access continues to be
unreliable, or if DAQ 3.4 still cannot be achieved, or if there is any doubt about
whether it can be achieved, a failure shall be recorded for that location;
(j)
for all tests, a pre-defined "Harvard" sentence should be used, such that the
listeners are not aware of the sentence in advance on each test, and a different
recorded sentence should be used at each location;
(k)
a maximum of two non-adjacent grid areas on a floor or in a shadowed area are
permitted to fail the test;
(l)
in the event that three or more areas on a floor or in a shadowed area fail the
test, the floor or shadowed area may be divided into 40 approximately equal
areas with a minimum area of 4 square metres each, and the tests repeated;
(m)
in the event of repeat tests under subsection (l), a maximum of four non-adjacent
grid areas are permitted to fail the test;
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(n)
backup batteries and power supplies shall be tested under full load by generating
communication traffic automatically for a duration of at least one hour. If within
the one-hour period, the battery shows no symptom of failure or impending
failure, the test shall be continued for additional one-hour periods to determine
the integrity of the battery. The battery shall not fail within a four-hour continuous
test period;
(o)
the gain values of all amplifiers shall be measured, using a service monitor that
has been calibrated by a certified laboratory within the preceding 12 months, and
the results shall be kept on file by the owner for future verification and monitoring
of performance. The gain records file must have multiple back-ups and be stored
in more than one location.
16.11 An amplification system is deemed to have failed acceptance testing, and the owner
must make all corrections to the amplification system necessary to achieve adequate
emergency radio coverage in accordance with this Part, in the event any of the following
applies:
(a)
the amplification system fails the 40-area test under subsections 16.10(l) and
(m); or
(b)
the amplification system fails to provide adequate emergency radio coverage in
any of the fire command centre, any portion of a stairwell, protect-in-place areas,
lobby refuge areas, equipment rooms, or high-hazard areas.
Annual Testing
16.12 Not less than once per calendar year, the owner of a building containing an amplification
system must test all active components of the amplification system, including but not
limited to all amplifiers, power supplies and back-up batteries, and shall keep a record of
such tests as part of the Fire Safety Plan for the building for inspection by the Fire Chief
or such other inspector as may be designated by the District. Amplifier gain shall be
adjusted if necessary to re-establish the gain recorded upon acceptance testing, and
batteries and power supplies shall be tested under load for a period of at least one hour
to verify that they will function properly during a power outage.
16.13 Additional tests or inspection of records may be conducted from time to time by the
Saanich Fire Department at the discretion of the Fire Chief, after giving reasonable
notice to the building's owner. If communications within the building or within the
shadowed area appear to have degraded, or if the tests show unacceptable
communications performance, the owner of the building or structure is required to
remedy the problem and restore the amplification system in a manner consistent with the
original acceptance criteria, so as to achieve adequate emergency radio coverage in
accordance with this Part, unless the owner can demonstrate conclusively that the
degradation is solely the result of external changes not under his or her control.
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Qualifications of Testing Personnel and Equipment
16.14 All tests required under this Part shall be performed by or under the direct supervision of
a radio communications engineer, and all test reports shall bear the seal of the radio
communications engineer.
16.15 Portable radios used for tests required under this Part shall be of a size and type as
designated as acceptable by the Fire Chief, or such replacement radio as may be in use
by the Saanich Fire Department at the time, accepted by CREST and programmed to
operate on a P25 radio tuned to a P25 test channel. SINAD, BER, and signal strength
measurements shall be made using appropriate instrumentation acceptable to the Fire
Chief. Radios and measurement equipment shall have been tested for conformance to
design specifications within twelve months prior to the conduct of amplification system
acceptance tests or re-tests.
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; or
(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 $10,000.00, or a term of imprisonment not
exceeding three 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 order or notice issued by a building official, or
who allows a violation of this bylaw to continue, contravenes this bylaw.
Deemed Offence
17.3
An owner is deemed to have knowledge of and be liable under this bylaw in respect of
any construction on the parcel the owner owns and any change in the use, occupancy or
both of a building or structure or part of a building or structure on that parcel.
17.4
No person is deemed liable under section 17.3 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.
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17.5
Nothing in section 17.4 affects
(a) the District'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.
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;
bond means an irrevocable letter of credit, cash, certified cheque, or surety.
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
District, and includes a building inspector, plan checker or plumbing inspector
designated or appointed by the District, 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 with an occupancy load greater than 30 persons;
(ii)
care occupancy;
(iii)
detention occupancy;
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(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,
compliance report means a standardized report template that demonstrates that the
building complies with the BC Building Code's energy efficiency requirements and the
Zero Carbon Step Code requirements under sections 14.2 to 14.7 above, in a form
acceptable to the District's Manager of Inspection Services.
coordinating registered professional means a registered professional retained pursuant
to the building code to coordinate all design work and field reviews of the registered
professionals required for a development;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
constructor means a person who constructs;
development works and services means those highways, sidewalks, boulevards,
boulevard crossings, transit bays, street lighting, underground wiring systems, water
distribution systems, fire hydrant systems, sewage collection systems, sewage disposal
systems, drainage collection systems and drainage disposal systems required to be
constructed, upgraded or installed pursuant to the District's Subdivision Bylaw, 1995 or
any successor bylaw;
District means The Corporation of the District of Saanich;
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;
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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;
occupancy permit means permission or authorization in writing by a building official to
occupy a building or part of a building for the accepted occupancy;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form attached as Appendix B;
permit means permission or authorization in writing by the building official to perform
work regulated by this bylaw and, in the case of an occupancy permit, to occupy a
building or part of a building;
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 1.20 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
(a) residential occupancy;
(b) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; or
(e) low hazard industrial occupancy,
structure means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and
retaining structures less than 1.20 meters in height;
temporary building includes a sales office, construction office or a structure in which
tools are stored during construction of a building or other structure;
value of the work means the greater of the following amounts:
(a) the declared value of the work; or
Page 50 of 60
(b) the value calculated using a method stipulated in the "Marshall & Swift Valuation
Service";
Zero Carbon Step Code means the regulation of Greenhouse Gas (GHG) Emissions set
out in Division B, Parts 9 and 10, of the Building Code.
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: 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 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 District 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.
Appendices
18.6
Appendices A through E are attached to and form part of this bylaw.
Severability
18.7
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.
Page 51 of 60
PART 19: REPEAL
19.1
Building and Plumbing Bylaw, 2005, No. 8627 and all amendments thereto are hereby
repealed.
PART 20: IN FORCE
20.1
This bylaw comes into force on the date of its adoption.
Includes Bylaw Amendments No. 9570, 9585, 9723, 9789, 9928, 10029, 10042, 10118, 10050,
10178 and 10199.
Page 52 of 60
District of Saanich
BYLAW No. 9529, 2019
PART 21: APPENDIX A - FEES
BUILDING PERMIT FEES
1. Building Permit Application Fee:
An application shall be accompanied by a non-refundable application fee of the
following amounts:
$100.00: for permits where the value of the work is less than $15,000.00;
$300.00: for permits where the value of the work is $15,001.00
to$100,000,00;
$1,000.00: for permits where the value of the work is $100,001.00
to$500,000.00;
$3,000.00: for permits where the value of the work is $500,001.00
to$2,000,000.00;
$7,500.00: for permits where the value of the work is $2,000,001.00
to$10,000,000.00;
$15,000.00: for permits where the value of the work is over $10,000,000.00.
2. The non-refundable application fee shall form part of, and is not in addition to, the
building permit fee. Building Permit Fees
Building Permit fees payable for a permit for the construction,
addition, alteration or repair of any building or structure or any part thereof, including
any deconstruction, demolition or removal of existing buildings or structures or any
part thereof, shall be as follows:
(a) For permits where the value of the work is $1,000.00 or less: $100.00;
(b) For permits where the value of the work is in excess of $1,000.00, the fees shall
be:
$100.00 for the first $1,000.00 plus;
$13.00 per thousand for the next $499,000.00 plus;
$10.00 per thousand for all value in excess of $500,000.00.
3. The fee for a permit to deconstruct, wreck, demolish or remove a building from a lot
shall be $50.00.
4. The building permit fee for a permit to move a building on to a lot shall be based on
the value of the building and the value of work required on site. The minimum permit
fee shall be $100.00.
Page 53 of 60
5. The building permit fee for a permit which involves an alternative solution to the BC
Building Code shall be:
(a) $550.00 for the first alternative solution;
(b) $250.00 for each additional alternative solution;
(c) $250.00 for each revision to an alternative solution.
Page 54 of 60
PLUMBING PERMIT FEES
1.
Plumbing Permit application fee (Applicable to individual Plumbing
Permits. Waived if part of a Building Permit):
$50.00
2.
Plumbing Fixtures (each)
$20.00
3.
Sewer Connections (each):
$50.00
a.
House storm drain lateral
b.
Sanitary sewer lateral
c.
Manholes or interceptors
d.
Pumping Stations
e.
For alteration or replacement not involving installation of a fixtures
f.
Grease Traps
4.
Fire Protection Equipment
a.
Sprinkler Systems/Standpipes
$0.40 per
square meter
5.
Residential or Commercial Irrigation Systems (backflow preventor)
$50.00
CHIMNEY PERMITS
1. Chimney permit
$40.00
2. Fireplace permit
$30.00
3. Solid fuel burning stove, range, furnace, boiler or space heating
appliance
$30.00
4. Minimum chimney, fireplace or solid fuel burning appliance
permit fee
$50.00
Page 55 of 60
GENERAL
1. Re-inspection fee. The non-refundable fee for re-inspection in circumstances set out
in section 10.43(a) of this Bylaw is $100.00 for the third re-inspection, $200.00 for the
fourth re-inspection, $500.00 for a fifth re-inspection, and $400.00 for a sixth (or
greater) re-inspection. The non-refundable fee for re-inspection in circumstances set
out in section 10.43(b) and (c) is $100.00.
2. Voluntary inspection fee. The fee for a voluntary request for an inspection to
establish the requirement for a building or plumbing permit is $150.00.
3. Change of owner fee. The non-refundable fee payable under section 7.14 of this
Bylaw to change the owner or address of the owner shall be $75.00.
4. Electronic copy fee. Copies for drawings larger than 11"x17" shall be charged at
$4.00 per sheet. Copies for drawings smaller than 11"x17" shall be charged at $1.00
per sheet.
5. Cancellation of Notice on Title. The fee to apply to cancel a note against land title
shall be $500.00.
6. Plan revision fee. The fee payable under section 10.15 of this Bylaw for plan revision
shall be $100.00.
7. Temporary building permit fee. The non-refundable fee payable under section 10.58
of this Bylaw shall be $100.00.
8. Permit extension fee. The non-refundable fee payable under section 10.45 of this
Bylaw shall be $200.
9. Waiver of Fees of Municipal Projects: No fees under this Appendix A shall be
required for municipal projects conducted by or on behalf of Saanich, on property
owned or managed by Saanich.
Page 56 of 60
District of Saanich
BYLAW No. 9529, 2019
PART 22: APPENDIX B - LETTER OF AUTHORIZATION
District of Saanich
t. 250-475-5457
Inspection Services
f. 250-475-5418
770 Vernon Ave.
saanich.ca
Victoria BC V8X 2W7
AGENT AUTHORIZATION
Date:
Civic Address:
Lot:
Block:
Plan:
I/we as the registered owner (s) of the above referenced property,
(PRINT NAME)
Appoint:
**(NAME OF PERSON TO ACT AS AGENT - MUST BE AN INDIVIDUAL)**
Company Name:
(ADDRESS/PHONE NUMBER OF AGENT)
As an agent authorized to:
View and obtain copies of all plans and permits
Apply for & obtain permits for proposed construction at the above referenced address.
Note: Plumbing Permits can only be obtained by the property owner (Isometric Drawings are
required) or by a Trade Qualified (TQ) Plumber
Owner(s) Signature:
Owner(s) Print Name:
Date:
This collection of personal information is authorized under the Local Government Act, Community Charter and section 26(c) of the
Freedom of Information and Protection of Privacy Act. The information will be used for processing this form. Questions can be
directed to the District's Privacy Officer at: 770 Vernon Avenue, Victoria BC V8X 2W7, t. 250-475-1775, e. [email protected]
Page 57 of 60
District of Saanich
BYLAW No. 9529, 2019
PART 23: APPENDIX C - COMPLEX PERMIT OCCUPANCY CHECKLIST
Building Permit Number: ______________________
Note:
1.
The Complex Permit Occupancy Checklist and all required documentation must be
submitted to the Building Official 48 hours prior to the Pre-Occupancy Coordinated
Review.
2.
The Complex Permit Occupancy Checklist and all required documentation must be
submitted in a tabbed ringed binder, with tab sections as per this Appendix.
TAB 1
CONFIRMATION OF REQUIRED DOCUMENTATION
TAB 2
DIRECTORY OF PRINCIPALS (Role/Firm/Name/Telephone)
Owner
Co-ordinating Registered Professional
Registered Professionals
Warranty Provided
Licensed Builder
Sub-Contractors
TAB 3
LETTERS OF ASSURANCE (A, B, C-A, C-B)
Co-ordinating Registered Professional
Architectural
Structural
Mechanical
Plumbing
Electrical
Geotechnical Temporary
Geotechnical Permanent
Fire Suppression
______________________________ (other)
TAB 4
PROFESSIONAL REVIEW LETTERS
Alternative Solution (Confirmation of Field Review - sealed)
Site Services - Civil Engineer
Provided
N\A
Page 58 of 60
Building Envelope Specialist
Roofing Consultant
Generator Test Report / Certificate
(Other - specify) ______________________________
(Other - specify) ______________________________
TAB 5
FIRE ALARM
Fire Alarm Verification Certificate (include field work sheets)
Letter of Signed Contract from ULC Listed Monitoring Agency
TAB 6
SPRINKLER SYSTEMS
Material and Test Certificate - Above ground piping
Material and Test Certificate - Underground piping
Fire Pump Test Report
TAB 7
PROVINCIAL APPROVALS
Certificate to Operate Elevating Device (one per each device)
Health Approval (on-site sewage disposal)
Health Approval (food services)
TAB 8
DISTRICT APPROVALS
Sprinkler Permit - Pre-occupancy Co-ordinated Review
Fire Department Acceptance (Fire Safety Plan)
Final Inspection (Building Inspector- pre-occupancy review)
Developmental Engineering Final Inspection
Planning Technicians Final Inspection
TAB 9
DEFICIENCY LIST
Submitted by Coordinating Registered Professional
__________________________________
Name (PRINT)
__________________________________
Signature
Date
__________________________________
Address (PRINT)
__________________________________
Phone
Page 59 of 60
District of Saanich
BYLAW No. 9529, 2019
PART 24: APPENDIX D - STOP WORK ORDER
District of Saanich
Inspections, Bylaw & Licence Division | 770 Vernon Ave Victoria BC V8X 2W7
p. 250-475-5457 | f. 250-475-5418 | e. [email protected]
STOP WORK
LOCATION: _________________________________________________________________
REASON: ___________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
This WORK is an infraction of Saanich Building Bylaw No. 9529. Work must not proceed until
approvals are obtained from Saanich Inspection Services. Infractions of this bylaw are subject to
fines and penalties.
_____________________________
_____________________________
Date
Official/Officer
THIS CARD MUST NOT BE REMOVED EXCEPT UPON THE AUTHORITY OF SAANICH INSPECTION SERVICES.
Page 60 of 60
District of Saanich
BYLAW No. 9529, 2019
PART 25: APPENDIX E - DO NOT OCCUPY
District of Saanich
Inspections, Bylaw & Licence Division | 770 Vernon Ave Victoria BC V8X 2W7
p. 250-475-5457 | f. 250-475-5418 | e. [email protected]
NO OCCUPANCY
LOCATION: _________________________________________________________________
The OCCUPANCY of these premises is hereby prohibited under the provisions of the
________________________________________ Bylaw.
REASON: ___________________________________________________________________
____________________________________________________________________________
Any persons occupying or permitting occupancy of these premises is subject to penalties and
fines as provided under Municipal Bylaws.
_____________________________
_____________________________
Date
Official/Officer
THIS CARD MUST NOT BE REMOVED EXCEPT UPON THE AUTHORITY OF SAANICH INSPECTION SERVICES.