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THE CORPORATION OF THE VILLAGE OF SALMO
BYLAW #618
A BYLAW TO REGULATE BUILDING
WHEREAS Sections 8(3) and 53 of the Community Charter authorize the Village of Salmo, for
the health, safety and protection of persons and property, to regulate buildings and other
structures by Bylaw;
AND WHEREAS the Province of British Columbia, under section 692 of the Local Government
Act, has adopted a Building Code to govern standards in respect of the construction and
demolition of buildings in municipalities and regional districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the Building Code;
NOW THEREFORE the Council of the Village of Salmo, in open meeting assembled, enacts as
follows:
1.0
TITLE
1.1
This Bylaw may be cited for all purposes as the "Building Bylaw (2010)"
1.2
The Bylaw is divided into 25 sections and a decimal numbering system has been
used to identify its parts. The first number indicates the Section of the Bylaw; the
second, the Subsection in the Section; the third, the Article in the Subsection; the
fourth, the Sentence in the Article. A Sentence can be further broken down into
Clauses (indicated by numbers in brackets) as follows:
2.0
Section
2.4
Subsection
2.4.1
Article
2.4.1.3
Sentence
2.4.1.3(1)
Clause
2.0
DEFINITIONS
2.1
In this Bylaw:
These words and terms are as defined in the British Columbia Building Code:
assembly occupancy, building, building area, building height, business and
personal services occupancy, care or detention occupancy, constructor,
coordinating registered professional, designer, farm building, field review,
high hazard industrial occupancy, industrial occupancy, low hazard
industrial occupancy, major occupancy, mercantile occupancy, medium
hazard industrial occupancy, occupancy, registered professional, and
residential occupancy:
2
Adjacent Ground Level means the level of the ground surface, both underneath
a deck, building or structure, and for a minimum of 600mm (2 ft.) beyond the
outside perimeter of the deck, building or structure.
Building Code means the Building Regulations of British Columbia, as amended
or superseded from time to time, established pursuant to section 692 of the Local
Government Act.
Building Location Survey Certificate means a surveyed plan prepared by a
British Columbia Land Surveyor, signed and sealed, indicating the location of
buildings or structures in relation to the property lines and or watercourse(s).
Building Official includes Building Inspectors, Plan Checkers and Plumbing
Inspectors appointed, employed or contracted by the Village to administer this
Bylaw.
Complex Building means:
(a)
all buildings used for major occupancies classified as
(i)
assembly occupancy,
(ii)
care or detention occupancy,
(iii)
high hazard industrial occupancy, and
(b)
all buildings exceeding 600 square meters (6500 sq. ft.) in building area
or exceeding three storeys in building height and used for major
occupancies classified as
(i)
residential occupancy,
(ii)
business and personal services occupancy,
(iii)
mercantile occupancy,
(iv)
medium and low hazard industrial occupancy.
Construct includes reconstruct, erect, alter, enlarge, add and remove.
Construction includes reconstruction, erection, alteration, enlargement, addition
and removal.
Council means the Council of the Village of Salmo.
Deck includes a sundeck and means a raised, open, unroofed platform.
3
Dwelling Unit means a self-contained set of habitable rooms containing living
quarters and kitchen and sleeping facilities designed and intended for occupancy
by only one family or household.
Fence means a barrier or other structure enclosing, bordering, or dividing a parcel
of land; the regulation and permit requirements for fencing are part of the Zoning
Bylaw.
Final Inspection Report means the point at which all deficiencies in the health
and safety aspects of the work have been remedied to the satisfaction of the
building official.
Health and safety aspects of the work means design and construction regulated
by the Building Code.
Lot means the smallest unit in which land is designated as a separate and distinct
parcel on a legally recorded subdivision plan or description filed in the Land Title
Office.
Manufactured Home means a building that is manufactured in a factory for
transport, assembly, and completion as a residence, including placement on a
foundation, and is certified as being constructed to the requirements of the CSA
National Standard CAN/CSA-Z240 or A277 but is not designed to be transported
on its own wheels or undercarriage.
Modular Home means a detached dwelling unit conforming to the CAN/CSA
A277-90 standard, which is completely constructed in a factory but is not
designed to be transported on its own wheels or undercarriage.
Owner means the registered owner in fee simple of real property for which a
permit is applied for or issued under this Bylaw.
Permit means a permit required by or issued under this Bylaw.
Plumbing System means a drainage, venting, fire protection or water system, or
any part thereof.
Pool means a constructed or prefabricated pool, existing or prospective, situated
wholly or in part above or below the adjacent ground level, used primarily for
swimming, bathing or wading, having a surface water area greater than 15 square
meters (160 sq. ft.), or a depth greater than 600 mm. (2 ft.) and which does not fall
under the jurisdiction of the Health Act for pools.
Pool area means the enclosed area around the perimeter of a pool to a maximum
of 40 meters (130ft.) from the edge of the water surface.
Recreational Vehicle means a vehicle, trailer, Park Model trailer, coach, house
car, structure or conveyance designed to travel or to be transported on the
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highway and constructed or equipped to be used as a temporary living or sleeping
quarters.
Standard building means a building of three storeys or less in building height,
having a building area not exceeding 600 square meters (6500 sq ft) and used for
major occupancies classified as
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies.
Structure means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land, but specifically excludes landscaping, fences,
paving and retaining structures less than 1.5m (5ft.) in height.
Temporary Building a building or any part thereof that will be used for a period
of time, not exceeding two years, and that has no permanent foundation or
construction associated with it.
Village means the Village of Salmo.
2.2
In this Bylaw, words and phrases shown in boldface, other than in headings, are
words that are defined in subsection 2.1 of this bylaw.
3.0
PURPOSE OF THIS BYLAW
3.1
This Bylaw shall, notwithstanding any other provision herein, be interpreted in
accordance with this section:
3.2
This Bylaw has been enacted for the purpose of regulating construction within
the Village in the general public interest. The activities undertaken by or on
behalf of the Village pursuant to this Bylaw are for the sole purpose of providing
a limited and interim spot-checking function for reason of health, safety and the
protection of persons and property. It is not contemplated nor intended, nor does
the purpose of this Bylaw extend to
3.2.1 the protection of owners, owner/builders or constructors from economic
loss;
3.2.2 the assumption by the Village or any building official of any responsibility
for ensuring the compliance with the Building Code, the requirements of
this Bylaw or other applicable enactments respecting safety by any owner
or any employees, constructors or designers retained by the owner or his
or her representatives;
5
3.2.3 providing any person with a warranty of design or workmanship with
respect to any building or structure or plumbing system for which a
building permit is issued under this Bylaw;
3.2.4 providing a warranty or assurance that construction undertaken pursuant
to building permits issued by the Village is free from latent, or any
defects.
3.2.5 providing a warranty to any person that construction is in compliance
with the Building Code, this Bylaw or any other enactment with respect
to a building or structure for which a permit is issued under this Bylaw.
4.0
PERMIT CONDITIONS
4.1
No person shall undertake work regulated by this Bylaw without a permit.
4.2
Neither the issuance of a permit under this Bylaw nor the acceptance or review of
plans, drawings or supporting documents, nor any inspections made by or on
behalf of the Village shall in any way relieve the owner or his or her
representative from full and sole responsibility to perform the work in strict
accordance with this Bylaw, the Building Code and other applicable enactments
respecting safety.
4.3
It is the full and sole responsibility of the owner (and where the owner is acting
through a representative, the representative) to carry out the work, in respect of
which a permit is issued under this Bylaw, in compliance with the Building
Code, this Bylaw and other applicable enactments respecting safety.
4.4
The
4.4.1 issuance of a permit under this Bylaw,
4.4.2 acceptance or review of plans, drawings, specifications or supporting
documents, or
4.4.3 making of one or more inspections by or on behalf of the Village, does not
constitute in any way a representation, warranty, assurance or statement
that the Building Code, this Bylaw or other applicable enactments
respecting safety have been complied with.
4.5
No person shall rely upon any permit as establishing compliance with this Bylaw
or assume or conclude that this Bylaw has been administered or enforced
according to its terms. The person to whom the building permit is issued is
responsible for making such determination.
4.6
An owner of the property for which a permit is issued must conform to all
requirements of this Bylaw and all other enactments and Village bylaws
applicable
to
the
work
for
which
the
permit
is
issued.
6
5.0
SCOPE AND EXEMPTIONS
5.1
This Bylaw applies to:
5.1.1 the design, construction and occupancy of new buildings and structures,
and the alteration, reconstruction, demolition, removal, relocation,
occupancy and change of occupancy of existing buildings and structures;
5.1.2 the installation of a new wood burning appliance, certified by a recognized
agency, or masonry fireplace, as part of the construction of a new
building, including steel or masonry chimney;
5.1.3 the erection or placement of a temporary building or recreational
vehicle as outlined for temporary buildings;
5.2
This Bylaw does not apply to:
5.2.1 buildings or structures to which the Building Code does not apply
except as expressly provided in this bylaw;
5.2.2 retaining structures less than 1.5 meters (5 ft.) in height;
5.2.3 decks without roofs having a difference in elevation to grade not
exceeding 600 millimeters (2ft.);
5.2.4 existing metal or masonry chimneys;
5.2.5 alterations, repairs or installation of masonry chimneys or fireplaces,
solid fuel-burning appliances, factory built chimneys or fireplaces and
related equipment in existing buildings;
5.2.6 the repair or replacement of a valve, faucet, fixture or sprinkler head in a
plumbing system if no change in piping is required;
6.0
PROHIBITIONS
6.1
No person shall commence or continue any construction, alteration,
reconstruction, demolition, removal, relocation or change the occupancy of any
building, structure or plumbing system or other work related to construction
unless a building official has issued a valid and subsisting permit for the work.
6.2
No person shall occupy or use any new building or structure without first
obtaining an Occupancy Permit issued by a Building Official for the building
or structure, or contrary to the terms of any permit issued or any notice given by
a building official.
6.3
No person shall knowingly submit false or misleading information to a building
official in relation to any permit application or construction undertaken pursuant
to this Bylaw.
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6.4
No person shall, unless authorized by a building official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted
upon or affixed to a building or structure pursuant to this Bylaw.
6.5
No person shall do any work that is substantially at variance with the accepted
design or plans of a building, structure or other works for which a permit has
been issued, unless a building official has accepted that variance.
6.6
No person shall obstruct the entry on property of a building official or other
authorized official of the Village in the administration of this Bylaw.
7.0
BUILDING OFFICIALS
7.1
A building official shall
7.1.1 administer this Bylaw;
7.1.2 keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and retain copies of all documents related to
the administration of this Bylaw or make microfilm or digital copies of
such documents; and
7.1.3 establish whether the methods or types of construction and types of
materials used in the construction of a building or structure for which a
permit is sought under this Bylaw substantially conform to the
requirements of the Building Code.
7.2
A building official
7.2.1 may enter any land, building, structure, or premises at any reasonable
time for the purpose of ascertaining that the terms of this Bylaw are being
observed;
7.2.2 where any residence is occupied, shall obtain the consent of the occupant
or provide written notice to the occupant 24 hours in advance of entry; and
7.2.3 shall carry proper credentials confirming the official's status as a building
official.
7.3
A building official may order the suspension or correction of any work that
contravenes the Building Code or this Bylaw, if the contravention is revealed to
the building official on a visual inspection made during the course of carrying out
that official's duties. For the purpose of this subsection, the building official is
not obliged to require any work to be uncovered or removed in order to determine
if there is a contravention.
8.0
APPLICATIONS
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8.1
Unless the work is exempted under Section 5.0 of this Bylaw, every person must
apply for and obtain from the Village a
8.1.1 building permit before constructing or altering a building or structure;
8.1.2 building permit before installation of a Manufactured Home or
Modular Home;
8.1.3 plumbing permit before installation, alteration or remodeling of any
plumbing is undertaken;
8.1.4 building permit before installation of a pool;
8.1.5 building permit before erecting or placing a temporary building or
recreational vehicle for temporary use during construction;
8.1.6 building permit before moving a building or structure;
8.1.7 building permit before demolition of all residential buildings and all other
buildings in excess of 300 meters squared (3330 sq. ft.);
8.2
All applications made for building permits and all other permits issued under
this Bylaw must be in the form provided by the Village.
8.3
All plans submitted with permit applications must bear the name and address of
the designer of the building or structure.
8.4
For each building, structure or plumbing system to be constructed on a site, the
owner must obtain a separate building permit and be assessed a separate building
permit fee based on the value of that building or structure as determined in
accordance with Schedule "A" to this Bylaw.
9.0
APPLICATIONS FOR COMPLEX BUILDINGS
9.1
An application for a building permit with respect to a complex building must
9.1.1 be made in the form provided by the Village and signed by the owner
making the application or a signing officer if the owner is a corporation;
9.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form provided by the Village, signed by the
owner, or a signing officer if the owner is a corporation;
9.1.3 include a copy of a title search, accompanied by referenced covenants,
made within 30 days of the date of the application;
9.1.4 state the intended use of the building;
9
9.1.5 include a site plan prepared by a British Columbia Land Surveyor or by a
registered professional showing
9.1.5.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
9.1.5.2
the legal description and civic address of the parcel;
9.1.5.3
the location and dimensions of all statutory rights of way,
easements and setback requirements when required by the
building official;
9.1.5.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
9.1.5.5
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village's land use regulations establish
siting requirements related to flooding;
9.1.5.6
the existing and finished ground levels to an established datum
at or adjacent to the site and the geodetic elevation of the
underside of the floor system of a building or structure where
the Village's land use regulations establish siting requirements
related to minimum floor elevation; and
9.1.5.7
the location, dimension and gradient of parking and driveway
access;
unless a building official has waived the requirement for a site plan, in
whole or in part, in the circumstance where the permit is sought for the
repair or alteration of an existing building or structure;
9.1.6 contain sufficient information on building plans to determine compliance
with this Bylaw, such as
9.1.6.1
floor plans showing
(i)
the dimensions and uses of all areas,
(ii)
the location, size and swing of doors,
(iii)
the location, size and opening of windows,
(iv)
floor, wall, and ceiling finishes,
(v)
plumbing fixtures,
(vi)
structural elements, and
(vii)
stair dimensions;
9.1.6.2
a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction
systems;
10
9.1.6.3
elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and finished grade;
9.1.6.4
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;
9.1.6.5
copies of approvals, including, without limitation, highway
access permits when required by the Ministry of Highways
and Ministry of Health application approval;
9.1.6.6
letters of assurance in the form of Schedule "A" as referred to
in the Building Code, signed by the owner, or a signing officer
of the owner if the owner is a corporation, and the
coordinating registered professional.
9.1.6.7
letters of assurance in the form of Schedules B-1 and B-2 as
referred to in 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 or structure;
9.1.6.8
two sets of drawings at a suitable scale of the design prepared
by each registered professional and including the information
set out in Sentences 9.1.6.1 - 9.1.6.3 of this Bylaw.
9.2
In addition to the requirements of Subsection 9.1, the following may be required
by a building official to be submitted with a building permit application for the
construction of a complex building where the complexity of the proposed
building or structure or siting circumstances warrant:
9.2.1 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional;
9.2.2 a section through the site showing grades, buildings, structures, parking
areas and driveways;
9.2.3 any other information required by the building official or the Building
Code to establish substantial compliance with this Bylaw, the Building
Code and other bylaws and enactments relating to the building or
structure.
10.0
APPLICATIONS FOR STANDARD BUILDINGS
10.1
An application for a building permit with respect to a standard building must
11
10.1.1 be made on the form provided by the Village and signed by the owner
making the application, or a signing officer if the owner is a corporation;
10.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form provided by the Village, signed by the
owner, or a signing officer if the owner is a corporation;
10.1.3 include a copy of a title search, accompanied by referenced covenants,
made within 30 days of the date of the application;
10.1.4 state the intended use of the building, and where the building is a
temporary building state the intended duration of use and date of
removal, not to exceed two years;
10.1.5 include a site plan showing
10.1.5.1
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.1.5.2
the legal description and civic address of the parcel;
10.1.5.3
the location and dimensions of all statutory rights of way,
easements and setback requirements when required by the
building official;
10.1.5.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
10.1.5.5
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village's land use regulations establish
siting requirements related to flooding;
10.1.5.6
the existing and finished ground levels to an established datum
at or adjacent to the site and the geodetic elevation of the
underside of the floor system of a building or structure where
the Village's land use regulations establish siting requirements
related to minimum floor elevation; and
10.1.5.7
the location, dimension and gradient of parking;
unless a building official has waived the requirements for a site plan, in
whole or in part, in circumstances where the permit is sought for the
repair or alteration of an existing building or structure.
10.1.6 contain sufficient information on building plans to determine compliance
with this Bylaw, such as
10.1.6.1
floor plans showing:
12
(i) the dimensions of the building and use of all rooms;
(ii) the location, size and swing of doors;
(iii) the location, size and opening of windows;
(iv) plumbing fixtures; structural elements; and
(v) stair dimensions;
10.1.6.2
a cross section through the building or structure showing
ceiling heights, crawlspace and roof space details and detailing
construction systems, building materials and finishes;
10.1.6.3
elevations of all sides of the building or structure showing
finish details, roof slopes, windows, doors, and finished grade;
10.1.6.4
cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure
substantially conforms to the Building Code;
10.1.6.5
copies of approvals including, without limitation, highway
access permits, when required by the Ministry of Highways,
and Ministry of Health application approval;
10.1.6.6
a foundation design prepared by a registered professional in
accordance with Division B Section 4.2 of the Building Code,
accompanied by letters of assurance in the form of Schedules
B-1 and B-2 as referred to in the Building Code, signed by the
registered professional; and
10.1.6.7
two sets of drawings at a suitable scale of the design including
the information set out in Sentences 10.1.6.1 - 10.1.6.4 of this
Bylaw.
10.1.7 The requirements of Sentence 10.1.6.6 may be waived by a building
official in circumstances where the building official has required a
professional engineer's report and the building permit is issued in
accordance with Section 56(1) of the Community Charter.
10.1.8 The requirements of 10.1.6.6 may be waived by a building official if
documentation, prepared by a registered professional, is provided
assuring that the foundation design and the foundation excavation
substantially comply with Division B Part 9 of the Building Code.
10.1.9 The requirements of 10.1.6.6 may be waived by a Building Official if the
footings and foundation for the proposed building or structure are
installed in compliance with Division B Section 9.15 of the Building
Code.
13
10.2
In addition to the requirements of Subsection 10.1, the following may be required
by a building official to be submitted with a building permit application for the
construction of a standard building where the project involves two or more
buildings, which in the aggregate total more than 1000 square meters, or two or
more buildings that will contain four or more dwelling units, or otherwise where
the complexity of the proposed building or structure or siting circumstances
warrant:
10.2.1 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional;
10.2.2 a section through the site showing grades, buildings, structures, parking
areas and driveways ;
10.2.3 a roof plan and roof height calculations;
10.2.4 structural, electrical, mechanical, plumbing or fire suppression drawings
prepared and sealed by a registered professional;
10.2.5 letters of assurance in the form of Schedules B-1 and B-2 as referred to in
the Building Code, signed by a registered professional;
10.2.6 any other information required by the building official or the Building
Code to establish substantial compliance with this Bylaw, the Building
Code and other Bylaws and enactments relating to the building or
structure.
10.2.7 A Building Official may waive the requirements of Sentence 10.1.6.6 of
this bylaw if the design and construction of the foundation of the
Standard Building and the building site that are the subject of the
building permit meet all the criteria of Division B Section 9.15 of the
Building Code.
10.2.8 If, once the permit has been issued, the criteria and requirements referred
to in Subsection 10.2.7 are not complied with, the building official may
take one or more of the following actions or any other action deemed
necessary:
10.2.8.1
revoke the permit
10.2.8.2
refuse to permit occupancy of the building
10.2.8.3
impose the requirements of Sentence 10.1.6.6 of this bylaw.
11.0
PROFESSIONAL PLAN CERTIFICATION
11.1
The letters of assurance in the form of Schedules B-1 and B-2 referred in the
Building Code and provided pursuant to Sentences 9.1.6.7 and 10.1.6.6, Article
10.2.5, and Subsection 16.1 of this Bylaw are relied upon by the Village and its
building officials as certification that the design and plans to which the letters of
14
assurance relate comply with the Building Code and other applicable enactments
relating to safety of the building.
11.2
A building permit issued for the construction of a complex building, or for a
standard building for which a building official required professional design
pursuant to Article 10.2.4 and letters of assurance pursuant to Article 10.2.5 and
Sentence 9.1.6.7 of this Bylaw must be in the form provided by the Village.
11.3
A building permit issued pursuant to Subsection 11.2 of this Bylaw must include
a notice to the owner that the building permit is issued in reliance upon the
certification of the registered professionals that the design and plans submitted
in support of the application for the building permit comply with the Building
Code and other applicable enactments relating to safety.
11.4
When a building permit is issued in accordance with subsection 11.2 of this
bylaw the permit fee must be reduced by 5% to reflect the Village's reliance
upon the Registered Professional.
12.0
FEES AND CHARGES
12.1
In addition to applicable fees and charges required under other Bylaws, a permit
fee, calculated in accordance with Schedule "A" to this Bylaw, must be paid in
full prior to issuance of any permit under this Bylaw.
12.2
An application made for a building permit must be accompanied by the
appropriate plan-check deposit fee prescribed in Schedule "A" to this Bylaw,
which is non-refundable and must be credited against the building permit fee
when the permit is issued.
12.3
When an application is cancelled the plans and related documents submitted with
the application may be destroyed.
12.4
The owner may obtain a refund of the building permit fees paid as prescribed in
Schedule "A" to this Bylaw.
12.5
Where, due to non-compliance with this Bylaw, more than two inspections are
necessary when one inspection is normally required, for each inspection after the
second inspection, a re-inspection charge as prescribed in Schedule "A" to this
Bylaw must be paid prior to each additional inspection being performed.
13.0
BUILDING PERMITS
13.1
When
15
13.1.1 a completed application including all required supporting documentation
has been reviewed and approved for permit issuance by a Building
Official; and
13.1.2 the owner or his or her representative has paid all applicable fees set out
in Subsection 12.1 of this Bylaw; and;
13.1.3 the owner or his or her representative has paid all charges and met all
requirements imposed by any other enactment or bylaw; and
13.1.4 no covenant, agreement, or regulation in favor of the Village, or bylaw of
the Village or other enactment authorizes the permit to be withheld;
the permit for which the application was made shall be issued.
13.2
When the application is in respect of a building that includes, or will include, a
residential occupancy, the building permit must not be issued unless the owner
provides evidence pursuant to section 30 (1) of the Homeowner Protection Act.
13.3
Every permit is issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate if
13.3.1 the work authorized by the permit is not commenced within 6 months
from the date of issuance of the permit;
13.3.2 the work is discontinued for a period of 12 (twelve) months; or
13.3.3 the work is not completed within 36 months (3 years) from the date of
issuance of the permit.
13.4
A Building Official may, upon termination or expiration of the period of time in
Article 13.3.3, grant a renewal of the permit for a further 12-month (1 year)
period if satisfied that the construction is progressing at a reasonable rate,
providing that the renewal fee prescribed in Schedule 'A' to this bylaw is paid.
Should the construction, granted under the renewal permit, not be completed
within 12 months, the permit shall expire and the owner will be required to apply
for a new permit. The Building Official will calculate the fee as prescribed in
Schedule 'A' for renewal.
13.5
A building official may extend the period of time set out under Articles 13.3.1
and 13.3.2 where construction has not commenced or where construction has
been discontinued due to adverse weather, strikes, material or labor shortages, or
similar hardship beyond the owner's control.
13.6
A building official may issue a building permit for a portion of a building or
structure before the design, plans and specifications for the entire building or
structure have been accepted, provided sufficient information has been provided
to the Village to demonstrate to the building official that the portion authorized
16
to be constructed substantially complies with this and other applicable Bylaws
and the permit fee applicable to that portion of the building or structure has
been paid. The issuance of the permit notwithstanding, the requirements of this
Bylaw apply to the remainder of the building or structure as if the permit for the
portion of the building or structure referred to in the previous sentence had not
been issued.
13.7
A recreational vehicle may be used as a temporary building at a site for a
single-family dwelling project where a permit has been issued and construction is
occurring for the dwelling on the same site. Such recreational vehicle may be
used as a temporary building during the construction period of the dwelling, but
no longer than 1 (one) year from the date of issuance of the permit for the
dwelling. The recreational vehicle must be connected to the Village's water and
sewer system and approved by the Village's Public Works Foreman.
14.0
DISCLAIMER OF WARRANTY OR REPRESENTATION
14.1
Neither the issuance of a permit under this Bylaw, the review and acceptance of
the design, drawings, plans or specifications, nor inspections made by a building
official, shall constitute a representation or warranty that the Building Code or
the Bylaw have been complied with or the building or structure meets any
standard of materials or workmanship, and no person shall rely on any of those
acts as establishing compliance with the Building Code or this Bylaw or any
standard of construction.
15.0
CLIMATIC AND GEOLOGICAL DATA
15.1
Climatic data for the design of buildings in the Village are to be as specified in
the British Columbia Building Code (BCBC). Additional design data are to be
found in Schedule B.
16.0
PROFESSIONAL DESIGN AND FIELD REVIEW
16.1
When a building official considers that the site conditions, size or complexity of
a development or an aspect of a development warrant, he or she may require that a
registered professional provide design and plan certification and field review by
means of letters of assurance in the form of Schedules B-1, B-2 and C-B referred
to in the Building Code.
16.2
Prior to the issuance of a final inspection report for a complex building, or
standard building in circumstances where letters of assurance have been
required in accordance with Sentences 9.1.6.7 and 10.1.6.6, Article 10.2.5 or
Subsection 16.1 of this Bylaw, the owner must provide the Village with letters of
assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in
the Building Code.
16.3
When a registered professional provides letters of assurance in accordance with
Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, or Subsections 16.1 or 16.2 of this
17
Bylaw, the registered professional must also provide proof of professional
liability insurance/errors and omissions to the building official in the form
provided by the Village.
17.0
RESPONSIBILITIES OF THE OWNER
17.1
Every owner must ensure that all construction complies with the Building Code,
this Bylaw and other applicable enactments respecting safety.
17.2
Every owner to whom a permit is issued must, during construction,
17.2.1 post and maintain the permit in a conspicuous place on the property in
respect of which the permit was issued;
17.2.2 keep a copy of the accepted designs, plans and specifications on the
property; and
17.2.3 post the civic address on the property in a location visible from any
adjoining streets.
17.3
Before a Building or Demolition Permit is issued, the owner shall deliver to the
Village of Salmo the deposit described in Schedule "A" to secure payment for
injury to, destruction, defacement or disturbance of Village property, including
installations, sewer, drainage and all utilities, roads and accesses, caused by the
work for which the Permit was issued or by a person doing the work. The
Village of Salmo may apply the deposit towards making good such injury,
destruction, defacement or disturbance, and shall return any balance to the owner
when an Occupancy Permit is issued or upon completion of all demolition work.
Where, in the opinion of the building official, the nature of the work is such that
it is unlikely to cause any injury and will have a value of $10,000.00 or less, the
building official may waive the requirements for a deposit.
17.4
Notwithstanding the payment of a deposit in accordance with subsection (3), an
applicant for a permit shall be liable for the full amount of all damage to
municipal utilities or property, which occurs during and is attributable to the
carrying out of the work authorized by the permit.
18.0
INSPECTIONS
18.1
When a registered professional provides letters of assurance in accordance with
Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, or Subsections 16.1 or 16.2 of this
Bylaw, the Village will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this Bylaw as
18
assurance that the construction substantially conforms to the design and that the
construction substantially complies with the Building Code, this Bylaw and
other applicable enactments respecting safety.
18.2
Notwithstanding Subsection 18.1 of this Bylaw, a building official may attend
the site from time to time during the course of construction to ascertain that the
field reviews are taking place and to monitor the field reviews undertaken by the
registered professionals.
18.3
A building official may attend periodically at the site of the construction of
standard buildings or structures to ascertain whether the health and safety
aspects of the work are being carried out in substantial conformance with those
portions of the Building Code, this Bylaw and any other applicable enactment
concerning safety.
18.4
The owner or his or her representative shall give at least 72 hours notice to the
Village when requesting an inspection and shall obtain an inspection and receive
a building official's acceptance of the following aspects of the work prior to
concealing it:
SITING: After siting of the building and formwork for the footings and
foundation is completed, but prior to the pouring of concrete. The building
official may require the owner to provide a building location survey certificate if
building setbacks from property lines cannot be adequately or accurately
determined.
DAMP-PROOFING AND FOUNDATION PERIMETER DRAINAGE:
After foundation damp-proofing and perimeter drainage piping installations have
been completed, including drain rock but before backfilling.
PLUMBING:
i. UNDERSLAB: After under slab drain and water distribution piping
has been installed, with test applied but before covering.
ii. RADIANT HEATING: After in-slab radiant heat distribution piping
has been installed, with test applied but before covering.
iii. ROUGH-IN: After drain waste and vent, and water distribution
piping has been installed, with test applied but before covering.
FRAMING: When framing, sheathing and roofing of the building have been
completed and the electrical, mechanical and plumbing rough-ins have been
completed but before installing any insulation or vapour barrier materials or
otherwise covering.
MASONRY FIREPLACE:
i. FIRST INSPECTION: Installation of first flue liner above smoke
chamber.
ii. SECOND INSPECTION: Chimney cap, but PRIOR to installing.
19
SOLID FUEL BURNING APPLIANCE: When the appliance and the chimney
are installed, but PRIOR to using. The chimney must not be concealed for
inspection purposes.
INSULATION: After all thermal and acoustic insulation materials, vapour
barrier and fire stopping components have been installed and the building is ready
to have interior finishes installed but before covering. The exterior sheathing
membrane shall be completed as required to prevent the wetting of the insulated
wall cavity.
FLASHING AND SHEATHING MEMBRANE: After all flashings and other
elements of the second plane of protection against precipitation ingress have been
installed but before covering.
OCCUPANCY: PRIOR to occupying a new building, Health and Safety aspects
of the building regulations must be completed at this time or a Conditional
Occupancy Permit will be issued. The conditional items on the Occupancy
Permit will be required to be completed within a specified time.
FINAL: When the building or portion of new construction has been completed
and all previous inspection deficiencies have been corrected.
OTHER INSPECTIONS: As directed by the Building Official to ascertain
compliance with this bylaw.
18.5
No aspect of the work referred in Subsection 18.4 of this Bylaw may be concealed
until a building official has accepted it in writing.
18.6
The requirements of Subsection 18.4 of this Bylaw do not apply to any aspect of
the work that is the subject of a registered professional's letter of assurance
provided in accordance with Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, and
Subsection 16.1 or 16.2 of this Bylaw.
18.7
The building official may require that the owner submit a building location
survey certificate at the footing/foundation formwork stage of construction, prior
to pouring concrete. He may withhold authorizing the continuation of
construction by posting a "STOP WORK" notice until a survey certificate is
submitted that confirms that the building location complies with all applicable
regulations and bylaws.
19.0
OCCUPANCY PERMIT
19.1
No person may occupy a new building or structure or part of a new building or
structure until an Occupancy Permit has been issued in the form provided by
the Village.
19.2
An Occupancy Permit must not be issued unless:
20
19.2.1 all letters of assurance have been submitted when required in accordance
with Sentences 9.1.6.7, 10.1.6.6, Article 10.2.5, and Subsection 16.1 or
16.2 of this Bylaw.
19.2.2 all aspects of the work requiring inspection and acceptance pursuant to
Subsection 18.4 of this Bylaw have been inspected and accepted or the
inspections and acceptance are not required in accordance with Subsection
18.6 of this Bylaw.
19.3
A Building Official may issue an Occupancy Permit for part of a building or
structure when the part of the building or structure is self-contained, provided
with essential services and the requirements set out in Subsection 19.2 of this
Bylaw have been met with respect to it.
19.4
Notwithstanding Subsection 19.1, a Building Official may issue a conditional
Occupancy Permit outlining the date before which an owner must complete
conditions to occupancy of the building or structure.
20.0
POOLS
20.1
No person may commence or continue any work related to the installation,
construction and alteration of a pool unless a valid building permit has been
obtained pursuant to this Bylaw.
20.2
An exterior pool area must be enclosed within a fence of not less than 1.5 meters
(5 ft.) in height. The fence must be designed and constructed so that no member,
attachment or opening will facilitate climbing. All openings through the fence
must be of a size as to prevent the passage of a spherical object having a diameter
of 100 mm. (4 inches). Access through the fence enclosing the pool must be
equipped with a self-closing gate so designed as to cause the gate to return to a
closed position when not in use. The self-latching device must be located on the
pool side of the fence at a height of at least 1.0 meters (3 ft 3 inches) above grade
or on the outside of the fence at 1.4 meters (4 ft 7 inches) above grade.
20.3
Despite subsection 20.2, standard chain link wire mesh may be acceptable
provided that the fence is not less than 1.5 meters (5 ft.) in height.
20.4
Each owner or occupier of property on which a pool is located must maintain a
fence required under this section in good order. All sagging gates, loose parts,
torn mesh or missing material, worn latches, locks or broken or binding members
must be promptly replaced or repaired.
20.5
Public swimming pools and spas require Ministry of Health approval prior to
issuance of building permits.
21.0
RETAINING STRUCTURES
21
21.1
A registered professional must undertake the design and conduct field reviews of
the construction of a retaining structure greater than 1.5 meters (5 ft.) in height.
Sealed copies of the design plan and field review reports prepared by the
registered professional for all retaining structures greater than 1.5 meters (5 ft.) in
height shall be submitted to a building official prior to acceptance of the works.
22.0
PENALTIES AND ENFORCEMENT
22.1
Every person who contravenes any provision of this bylaw commits an offence
punishable on summary conviction and shall be liable to a fine of not more than
$10,000 (ten thousand dollars) or to imprisonment for not more than six months.
22.2
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.
22.3
Every person who commences construction requiring a permit without first
having obtained the required permit shall, if a Stop Work notice has been posted,
pay an additional fee equal to the calculated permit fee prior to obtaining the
required Building Permit.
22.4
A building official may order the cessation of any work that is proceeding in
contravention of the Building Code or this Bylaw by posting a Stop Work notice
on the building or structure in the form provided by the Village.
22.5
The owner of property on which a Stop Work notice has been posted, and every
other person, must cease all construction work immediately and must not do any
work until all applicable provisions of this Bylaw have been substantially
complied with and the Stop Work notice has been rescinded by a building
official.
22.6
Where a person occupies a building or structure or part of a building or
structure in contravention of Subsection 6.2 of this Bylaw, a building official
may post a Do Not Occupy notice in the form provided by the Village on the
affected part of the building or structure.
22.7
The owner of property on which a Do Not Occupy notice has been posted, and
every person, must cease occupancy of the building or structure immediately
and must 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.
23.0
SEVERABILITY AND APPLICATION
23.1
The provisions of this Bylaw are severable and the invalidity of any part of this
Bylaw shall not affect the validity of the remainder of this Bylaw.
22
23.2
This bylaw shall apply to all areas of the Village of Salmo.
24.0
TRANSITION
24.1
This Bylaw shall not affect the right of an owner under a permit issued prior to
the coming into force of this Bylaw, provided the owner has commenced work
within six (6) months of the date of issuance of the permit and has actively and
continuously carried out work thereafter according to this Bylaw.
25.0
ENACTMENT AND REPEAL
25.1
This Bylaw shall come into full force and effect upon its final passage and
adoption.
25.2
Bylaw #538 - Building Bylaw, Bylaw #596 - Building Permit Fees Amendment,
and Bylaw #609 - Building Permit Values Amendment are hereby repealed.
READINGS, APPROVAL AND ADOPTION
READ A FIRST TIME
this 13th day of July, 2010
READ A SECOND TIME
this 27th day of July, 2010
READ A THIRD TIME
this 24th day of August, 2010
RECONSIDERED AND FINALLY ADOPTED
this 9th day of November, 2010
Mayor
Corporate Officer
23
VILLAGE OF SALMO
SCHEDULE 'A' - PERMIT FEES
TO BUILDING BYLAW NO. 618, 2010
A. BUILDING PERMIT FEES
Fee for construction value (declared or assessed) as determined by the Village of Salmo
for all new construction, reconstruction, additions, extension, alterations or repair of any
building and the placement of single or double-wide manufactured homes.
BASIC FEE: $ 1.00 - $1,000.00
$ 50.00
$ 1,000.00 and over
$ 10.50 per $1,000.00
or portion thereof
B. RELATED PERMIT FEES
1. Manufactured home set up
single wide..................... $200.00
double wide................... $300.00
2. Change of occupancy (commercial only) ................................. $100.00
3. Pools (fence requirements) .................................................. $100.00
4. Demolition ...................................................................... $100.00
5. Moving a building ............................................................ $100.00
6. Temporary building (or Recreational Vehicle)........................... $200.00
7. Occupant Load Calculation ................................................ $100.00
8. Re-Inspection .................................................................. $ 50.00
9. Administrative fee to remove "Notice on Title"........................ $750.00
10. Permit Renewal............................................................... $100.00
11. Administrative Fee to Prepare and Register Restrictive Covenant
on Title.........................................................................
$200.00
12. Mapping Services Fee......................................................
$ 25.00
13. Deposit Required by Section 17.3......................................... $2000.00
24
C. PLUMBING PERMIT FEES
Plumbing System ........................................................................ $ 10.50 per fixture
Automatic Sprinkler System -
(as per contract price)
D. PERMIT FEE REFUNDS
Building permit fees may be refunded only upon written request from the owner - up to
six (6) months from the date of issuance of the building permit - subject to the following
conditions:
1.
No permit related work on site has commenced (does not include excavation work);
2.
For permits exceeding $200.00 fee, the Village will return $100.00 or 50% of the
permit fee, whichever is the greater amount;
3.
The building permit will be cancelled.
E. PLAN CHECK DEPOSIT
Single-family dwelling
...........................................................
$ 100.00
Multi-family/Industrial/Commercial/Institutional....................................
$ 200.00
Accessory Building or Addition.......................................................
$ 50.00
Formula For Estimating Value Of Construction
RESIDENTIAL CONSTRUCTION -
Value of residential construction will be calculated as per the contract cost if
provided, or calculated as per the following costs for estimating values of
construction, whichever is the greater amount.
1 Floor Finished (Good Quality) Full Basement Unfinished
$150.00 p.s.f.
1 Floor Finished (Fair/Average Quality) Full Basement Unfinished
$125.00 p.s.f.
1 Floor Finished (Low Quality)- Full Basement Unfinished
$100.00 p.s.f.
1 Floor Finished - Crawl Space
$100.00 p.s.f.
1 Floor Finished - Slab on Grade
$100.00 p.s.f.
Basement (for relocation of residence)
$ 25.00 p.s.f.
Residential Addition on a crawl space or slab (no kitchen or bathrooms) $ 60.00 p.s.f.
Finished Basement
$ 25.00 p.s.f.
Finished 2nd & 3rd storey
$ 70.00 p.s.f.
Sundeck
$ 20.00 p.s.f.
Sundeck with Roof
$ 25.00 p.s.f.
Attached garage
$ 40.00 p.s.f.
Detached garage
$ 30.00 p.s.f.
Carport
$ 25.00 p.s.f.
Accessory Building up to 550 sq. ft.
$ 25.00 p.s.f.
Farm Building
$ 10.00 p.s.f.
MOBILE HOME COSTS
25
Crawl Space under Mobile Home
$ 15.00 p.s.f.
Basement under Mobile Home
$ 25.00 p.s.f.
Roof over Mobile Home
$ 25.00 p.s.f.
Mobile Home Additions
$ 60.00 p.s.f.
OTHER
Fireplace
$4,000.00
Wood-Burning Appliance
$4,000.00
Value of construction for Commercial, Industrial or Institutional buildings will be
calculated as per the CONTRACT or TENDERED cost. Where there is no contract
or tendered price, the value shall be calculated according to the following schedule:
COMMERCIAL CONSTRUCTION
Commercial Building (shell only)
$ 50.00 p.s.f.
Commercial Building - Interior finish
(restaurants)
$ 30.00 p.s.f.
(office buildings)
$ 25.00 p.s.f.
(other)
$ 15.00 p.s.f.
INDUSTRIAL CONSTRUCTION
Industrial Buildings (shell only)
$ 50.00 p.s.f.
Industrial Buildings (interior finish)
$ 10.00 p.s.f.
INSTITUTIONAL CONSTRUCTION Contract or Tendered Cost
26
VILLAGE OF SALMO
SCHEDULE 'B' - CLIMATIC AND GEOLOGICAL DATA
TO BUILDING BYLAW NO. 618, 2010
Climatic data for the design of buildings in the Village of Salmo are deemed to be:
DESIGN TEMPERATURE
January
2.5% design temperature
-24°C
January
1% design temperature
-26°C
July
2.5% dry bulb temperature
33°C
July
2.5% wet bulb temperature
19°C
Degree-days below 18°C
4,303
PRECIPITATION
Fifteen (15) minute rain
10mm
One day rain
66mm
MAXIMUM GROUND SNOWLOAD
kPa
P.S.F.
Salmo
5.5
116
Associated Rain Load SR
0.1 kPa
HOURLY WIND PRESSURES
Probability
1/10
.24 kPa
1/50
.34 kPa
SEISMIC DATA
Seismic Spectral Response Accelerations
Sa(0.2)
0.27
27
VILLAGE OF SALMO
BUILDING BYLAW NO. 618, 2010
INDEX
SECTION
TITLE
PAGE NO.
1.0
TITLE ............................................................................................................................. 1
2.0
DEFINITIONS ............................................................................................................... 1
3.0
PURPOSE OF THIS BYLAW ...................................................................................... 4
4.0
PERMIT CONDITIONS ............................................................................................... 5
5.0
SCOPE AND EXEMPTIONS ....................................................................................... 6
6.0
PROHIBITIONS ............................................................................................................ 6
7.0
BUILDING OFFICIALS .............................................................................................. 7
8.0
APPLICATIONS ........................................................................................................... 7
9.0
APPLICATIONS FOR COMPLEX BUILDINGS ..................................................... 8
10.0
APPLICATIONS FOR STANDARD BUILDINGS ................................................. 10
11.0
PROFESSIONAL PLAN CERTIFICATION ........................................................... 13
12.0
FEES AND CHARGES ............................................................................................... 14
13.0
BUILDING PERMITS ................................................................................................ 14
14.0
DISCLAIMER OF WARRANTY OR REPRESENTATION ................................. 16
15.0
CLIMATIC AND GEOLOGICAL DATA ................................................................ 16
16.0
PROFESSIONAL DESIGN AND FIELD REVIEW ............................................... 16
17.0
RESPONSIBILITIES OF THE OWNER ................................................................. 17
18.0
INSPECTIONS ............................................................................................................ 17
19.0
OCCUPANCY PERMIT ............................................................................................. 19
20.0
POOLS .......................................................................................................................... 20
21.0
RETAINING STRUCTURES .................................................................................... 20
22.0
PENALTIES AND ENFORCEMENT ....................................................................... 21
23.0
SEVERABILITY AND APPLICATION................................................................... 21
24.0
TRANSITION .............................................................................................................. 22
25.0
ENACTMENT AND REPEAL ................................................................................... 22
SCHEDULE 'A' - PERMIT FEES ........................................................................................... 23
SCHEDULE 'B' - CLIMATIC AND GEOLOGICAL DATA ............................................... 26