This is the exact embedded text of the captured official document.
Snapshot 9ccf824104c2 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BUILDING BYLAW
NO. 3939
City of Salmon Arm
500 - 2 Avenue NE
Salmon Arm BC V1E 4N2
Phone: 1-250-803 - 4000
Fax: 1-250-803 - 4041
CITY OF SALMON ARM
BUILDING BYLAW NO. 3939
CONTENTS
Division
Title
Page
Division One
Preamble
1
Division Two
Definitions
5
Division Three
Prohibitions
8
Division Four
Authority of Building Official
9
Division Five
Duties and Responsibilities of the Owner
11
Division Six
General Permit Regulations
13
Division Seven
Plumbing
18
Division Eight
Complex Buildings
19
Division Nine
Standard Buildings
22
Division Ten
Relocation of a Building or Structure
25
Division Eleven
Demolition
28
Division Twelve
Temporary Buildings
29
Division Thirteen
Professional Design and Field Review
31
Division Fourteen
Professional Plan Certification
32
Division Fifteen
Inspections
33
Division Sixteen
Occupancy Certificate
35
Division Seventeen
Fees and Charges
36
Division Eighteen
Disclaimer of Warranty or Representation
37
Division Nineteen
Penalties and Enforcement
38
Division Twenty
Implementation
39
Schedule "1"
Owners Undertaking
City of Salmon Arm
Building Bylaw 3939
Page 1
CITY OF SALMON ARM
BYLAW NO. 3939
Being a bylaw for the administration and enforcement of the Building Regulations of
BC
WHEREAS the Community Charter authorizes the City of Salmon Arm, for the health,
safety and protection of persons and property to regulate the construction, alteration,
repair or demolition of buildings and structures by bylaw;
AND WHEREAS the Province of British Columbia has adopted a building code to
govern standards in respect of the construction, alteration, repair or 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 City of Salmon Arm, in open meeting
assembled, enacts as follows:
DIVISION ONE - PREAMBLE
1.1
Purpose of Bylaw
The bylaw, shall, notwithstanding any other provision herein, be interpreted in
accordance with this section.
1.1.1
This bylaw has been enacted for the purpose of regulating construction
within the City in the general public interest. The activities undertaken by or
on behalf of the City pursuant to this bylaw are for the sole purpose of
providing a limited and interim spot-checking and monitoring function for
reason of health, safety and the protection of persons and property. It is not
contemplated nor intended, nor does the purpose of this bylaw extend:
1.1.1.1 to the protection of owners, owner/builders, constructors or
occupiers from bodily injury or economic loss;
1.1.1.2 to the assumption by the City or any Building Official of any
responsibility for ensuring the conformance by any owner, his/her
agent or any employees, constructors or designers retained by
him/her, with the Building Code, the requirements of this bylaw or
other applicable enactments respecting safety;
1.1.1.3 to providing any person a warranty of design or workmanship with
respect to any building or structure for which a building permit or
occupancy certificate is issued under this bylaw;
City of Salmon Arm
Building Bylaw 3939
Page 2
DIVISION ONE - PREAMBLE (continued)
1.1.1.4 to providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the City is free from latent or
any defects or complies with this bylaw; or
1.1.1.5 to the assumption by the City or any Building Official of any
responsibility for ensuring that any construction will be
geotechnically sound and will not be subject to flooding, mud flows,
debris flows, debris torrents, erosion, land slip, rock falls,
subsidence, avalanche or other geohazards.
1.2
Metric Units
Metric units are used for all measurements in this bylaw. The approximate equivalent
of those units in commonly used units of imperial measure (feet, inches, etc.) are
shown in brackets following each metric measurement and such bracketed figures are
included for convenience only and do not form part of this bylaw.
1.3
Scope and Exemptions
1.3.1
This bylaw shall apply to:
1.3.1.1 any structural alteration to a building or structure;
1.3.1.2 the design, construction and occupancy of a building when a
building, or part thereof, is constructed on site or is assembled or
placed on site as a factory-built unit or component;
1.3.1.3 the work involved in the demolition when the whole or any part of a
building or structure is demolished or removed;
1.3.1.4 all parts of the building when the whole or any part of a building is
moved;
1.3.1.5 any alteration and to any part of a building affected by alterations to
an extent which, in the opinion of the Building Official reduces the
levels of public health and safety below the levels existing prior to the
alteration;
1.3.1.6 the renovation of a building when such work includes but is not
limited to the alteration of room layouts, alteration of the
insulation/vapour barrier in an exterior wall, creation of new openings
in exterior walls or the completion of previously unfinished floor
areas;
1.3.1.7 all parts of the building affected by the change of use when
occupancy and/or use of a building is changed;
City of Salmon Arm
Building Bylaw 3939
Page 3
DIVISION ONE - PREAMBLE (continued)
1.3.1.8 any part remaining when a building is damaged or destroyed to the
extent of seventy-five (75%) percent or more of its value above its
foundations as determined by the Building Official;
1.3.1.9 the design and construction of retaining walls;
1.3.1.9.1 supporting any use or occupancy; or
1.3.1.9.2 where the difference in finished grade elevations is
greater than 1.2 m (4 ft) in height.
1.3.1.10 the design and installation of the plumbing system when a system is
installed, repaired, renovated or altered;
1.3.1.11 the design and repair of the entire plumbing system where a
condition exists that is, or may become dangerous or injurious to
health, except where the portion of the system affected is completely
independent from any other part of the system;
1.3.1.12 the design and construction or installation of solid fuel burning
appliances, fireplaces and chimneys; or
1.3.1.13 the design, construction and installation of farm retail buildings,
auction barns, show areas where bleachers are provided and other
farm structures which exceed low human occupancy
requirements.
#4085
1.3.1.14 the design and installation of ventilation control and fire protection for
commercial cooking equipment falling within Part 6 of the Building
Code.
1.3.2
This bylaw does not apply to:
1.3.2.1 buildings or structures exempted by Part 1 of the Building Code
except as expressly provided herein;
1.3.2.2 temporary buildings such as emergency facilities, special events
facilities and such similar structures;
1.3.2.3 the clearing of stoppages or the repairing of leaks in the pipes,
valves or fixtures, when such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures or hot
water tanks;
1.3.2.4 the non-structural repair and maintenance of buildings or structures
on a parcel zoned for single family residential occupancy under the
current City Zoning Bylaw, except as required by 1.3.1.6;
City of Salmon Arm
Building Bylaw 3939
Page 4
DIVISION ONE - PREAMBLE (continued)
1.3.2.5 the non-structural repair or replacement of roofing or exterior finish to
existing buildings;
1.3.2.6 farm buildings situated on land used for a bona fide agricultural
operation except as required by 1.3.1.13;
1.3.2.7 single-storey accessory buildings less than 10 m2 (108 ft2) in
building area; or
1.3.2.8 unroofed decks attached to or adjacent to single and two-family
dwellings if the deck surface is 600 mm (24 in) or less above the
adjacent ground level.
1.4
Climatic Data
Refer to the specifications contained in the appendix to the Building Code.
Where the Building Code requires foundations to be below the depth of frost
penetration, the minimum depth of foundations below grade shall be 0.91 m (3 ft),
unless otherwise approved or required by a soils engineer.
The minimum depth of burial below grade for water services shall be 1.5 m (5 ft.) and
for sewer pipes shall be 0.91 m (3 ft.) unless other suitable means of frost protection is
provided.
1.5
Other Enactments
Where any provincial act or regulation or any other City bylaw may apply to any matter
covered by this bylaw, conformance with this bylaw shall not relieve the owner or
his/her agent from conforming to provisions of such other act, regulation or bylaw.
City of Salmon Arm
Building Bylaw 3939
Page 5
DIVISION TWO - DEFINITIONS
All words and phrases shall have their normal or common meaning except where this is
changed, modified, or expanded by the definitions set forth in this Division, or Part 1 of the
Building Code.
2.1
"Accepted" means accepted in writing.
2.2
"Agent" means a person, firm, or company representing the owner, by designation or
contract, and includes a hired tradesman or contractor.
2.3
"Bona Fide Agricultural Operation" means an operation classified as a farm by the
Assessor under the Assessment Act.
2.4
"Building Code" means the current edition of the British Columbia Building Code
adopted by the Minister pursuant to Section 692 (1) of the Local Government Act, as
amended or re-enacted from time to time.
2.6
"Building Official" includes a person or persons designated by the City as Building
Inspectors, Plumbing Inspectors or Plan Checkers, and includes supervisors for these
positions.
2.7
"City" means the City of Salmon Arm.
2.8
"Complex Building" means:
2.8.1
all buildings used for major occupancies classified as:
2.8.1.1 assembly occupancies;
2.8.1.2 care or detention occupancies; or
2.8.1.3 high hazard industrial occupancies.
2.8.2
all buildings exceeding 600 m2 (6458 ft2) in building area or exceeding three
storeys in building height used for major occupancies classified as:
2.8.2.1 residential occupancies;
2.8.2.2 business and personal services occupancies;
2.8.2.3 mercantile occupancies; or
2.8.2.4 medium and low hazard industrial occupancies.
2.9
"Construction" includes erection, repair, alteration, enlargement, addition,
installation, demolition, removal, replacement, renovation, reconstruction, or relocation
of a building or structure.
City of Salmon Arm
Building Bylaw 3939
Page 6
DIVISION TWO - DEFINITIONS (continued)
2.10 "Farm Building" means a building or part thereof which does not contain a residential
occupancy and which is associated with and located on land devoted to the practice of
farming, and used essentially for the housing of equipment or livestock, or the
production, storage or processing of agricultural produce or feeds. Not included are
buildings that would be classed as other than low human occupancy including farm
retail centres, horticultural and livestock produce, auction barns and show areas where
bleachers or other public facilities are provided. Farm work centres where the number
of workers frequently exceeds the limit for low human occupancy will also be in this
category. It is possible to have areas of both high and low human occupancy in the
same building provided that the structural safety and fire separation requirements for
high human occupancy are met in the part thus designated.
#4085 2.11 "Health And Safety Aspects of the Work" means design and construction regulated
by Part 3, Part 4, Part 5, Part 6, Part 7, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 9.12, 9.13, 9.14,
9.15, 9.16, 9.17, 9.18, 9.19, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.35,9.36, 9.37
of Division "B" of the Building Code.
2.12 "Hoarding" means a covered way as described in the Building Code or any other
similar protective device.
2.13 "Low-Human Occupancy" (as applied to farm buildings) means an occupancy
having an occupant load of not more than one person per 40 m2 (430 ft2) of floor area
during normal use.
2.14 "Monitor" means the method by which a Building Official reviews the process of
field reviews as conducted by registered professionals pursuant to the Building Code
and this bylaw. The Building Official's monitoring function is satisfied by the
Building Official's receipt of the applicable letters of assurance submitted by the
registered professionals and as referred to in the Building Code. Although a Building
Official may review registered professionals' field inspection reports to ascertain field
review frequency, or visit a site from time-to-time to verify that registered professional
field reviews are taking place, the Building Official is under no duty to do so.
Monitoring does not include assessment of conformity with the Building Code, this
bylaw or another enactments or the approval of any aspect of construction.
2.15 "Owner" means any person, firm or company controlling the property under
consideration.
2.16 "Permit" means a permit required or issued pursuant to this bylaw.
2.17 "Person" means, in addition to its ordinary meaning, a partnership, association,
company, society and body corporate.
2.18 "Retaining Wall" means a structure constructed for the purpose of retaining,
stabilizing or supporting an earthen bank as a result of differences in lot grades.
2.19 "Site" means a lot or lots upon which work regulated under this bylaw is undertaken
or intended to be undertaken and includes the construction thereon.
City of Salmon Arm
Building Bylaw 3939
Page 7
DIVISION TWO - DEFINITIONS (continued)
2.20 "Standard Building" means a building of three storeys or less in building height,
having a building area not exceeding 600 m2 (6458 ft2) and used for major
occupancies classified as:
2.20.1 residential occupancies;
2.20.2 business and personal services occupancies;
2.20.3 mercantile occupancies; or
2.20.4 medium and low hazard industrial occupancies.
2.21 "Structure" means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land or water, but specifically excludes landscaping and
fences, as well as retaining walls less than 1.2 m (4 ft) in height. In the case of a
series of walls, if any of the walls extend above a line commencing 1.2 m (4 ft) above
grade at the base of the lowest wall and projected at an angle of one linear unit
vertically to 1.5 units horizontally, then the walls are considered as being one
retaining wall greater than 1.2 m (4 ft) in height.
2.22 "Value of Building Construction" means the completed building value of all
construction or work related to the building including finishes, roofing, electrical,
plumbing, heating, air-conditioning, fire extinguishing systems, elevators and any other
building service equipment and materials.
City of Salmon Arm
Building Bylaw 3939
Page 8
DIVISION THREE - PROHIBITIONS
3.1
No person shall, unless exempted by this bylaw or any enactment:
3.1.1
commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the occupancy of any building or
structure unless a Building Official has issued a valid and subsisting permit
for the work;
3.1.2
commence or continue any construction, connection, installation, alteration
or repair of plumbing, sewers, drains or tanks unless a Building Official has
issued a valid and subsisting permit for the work;
3.1.3
move or cause any building to be moved in the City without first obtaining a
permit for the work on the site to which the building is to be moved;
3.1.4
unless authorized in writing by a Building Official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate
posted upon or affixed to any building, structure or site pursuant to this
bylaw;
3.1.5
perform any construction that is substantially at variance with the reviewed
design or plans and specifications for the building, structure or other
construction for which a permit has been issued, unless that variance has
been accepted by a Building Official;
3.1.6
occupy or use any building or structure;
3.1.6.1 unless a valid and subsisting occupancy certificate has been issued
by a Building Official for the building or structure; or
3.1.6.2 contrary to the terms of any permit issued or any notice given by a
Building Official.
3.1.7
knowingly or recklessly submit false or misleading information to a Building
Official in relation to any permit application or construction undertaken
pursuant to this bylaw; or
3.1.8
interfere with or obstruct the entry of a Building Official or other authorized
official of the City on property in the administration of this bylaw.
3.2
No person having authority for construction on a site shall cause, allow, or maintain
any unsafe condition.
City of Salmon Arm
Building Bylaw 3939
Page 9
DIVISION FOUR - AUTHORITY OF BUILDING OFFICIAL
4.1
The Building Official:
4.1.1
may administer this bylaw;
4.1.2
may enter any land, building, structure, or premises at any reasonable time
for the purpose of ascertaining that the terms of this or any other City bylaw
are being observed;
4.1.3
may keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and shall retain copies of all documents related to
the administration of this bylaw;
4.1.4
may establish whether the construction of a building or structure for which a
permit is sought or issued under this bylaw substantially conforms to the
requirements of the Building Code;
4.1.5
shall carry proper credentials confirming his/her status as a Building Official;
and
4.1.6
where any residence is occupied, shall, except in emergency situations, obtain
the consent of the occupant or provide written notice to the occupant 24 hours
in advance of entry.
4.2
The Building Official may order:
4.2.1
a person who contravenes this bylaw to conform with the bylaw in a specified
time period;
4.2.2
the removal of any unauthorized encroachment on public property;
4.2.3
the removal of any building or part thereof constructed in contravention of this
bylaw;
4.2.4
the termination of any occupancy, in contravention of this bylaw; and
4.2.5
the termination of any occupancy if in the opinion of the Building Official;
4.2.5.1 an unsafe condition exists because of construction undertaken or
not completed; or
4.2.5.2 a building is unsafe to human life or to property from any cause
whatever or in imminent danger of so becoming.
4.3
The Building Official may, before issuing an occupancy certificate, require the owner
to provide a professional engineer's or other appropriate certification, at the expense
of the owner, where in the opinion of the Building Official such evidence is
necessary to determine that the requirements of this bylaw and other applicable
enactments respecting safety have been substantially complied with.
City of Salmon Arm
Building Bylaw 3939
Page 10
DIVISION FOUR - AUTHORITY OF BUILDING OFFICIAL (continued)
4.4
The Building Official may direct the immediate cessation or correction of all or any
portion of the construction on any site, by attaching an order to that effect on such
premises, when, in his/her opinion such work is not being performed substantially in
accordance with the provisions of the Building Code or any relevant bylaws of the
City. Such order shall remain posted on the premises until all work that is not being
performed in accordance with the Building Code or this or any other relevant bylaw
has been remedied to the satisfaction of the Building Official. No work, other than the
required remedial measures, shall be carried out on the portion of the work affected by
the order until such order has been removed, and shall only be removed by the
Building Official in writing.
4.5
Except for buildings referred to in Divisions 10 and 12, the Building Official may upon
expiration of a building permit, grant a renewal permit for a period of two (2) years if;
4.5.1
a site review is conducted to ascertain the status of the project; and
4.5.2
the Building Official is satisfied that the construction is progressing at a
reasonable rate.
4.6
The Building Official may refuse to issue a permit:
4.6.1
if the information submitted is inadequate to determine substantial
conformance with, or is contrary to the provisions of this bylaw or any other
applicable enactment;
4.6.2
if the information submitted is incorrect;
4.6.3
if issuance is prohibited by or is contrary to a provision of this bylaw or any
other enactment;
4.6.4
for the connection of a solid fuel burning appliance to an existing chimney if
the existing chimney has not been previously inspected and accepted.
City of Salmon Arm
Building Bylaw 3939
Page 11
DIVISION FIVE - DUTIES AND RESPONSIBILITIES OF THE OWNER
5.1
It is the owner's responsibility, prior to commencing construction to:
5.1.1
investigate the status of the construction site and ensure that any concerns
relating to flooding, drainage, soil stability or other potential hazards are
addressed;
5.1.2
obtain a current Title Search Print from the Land Title Office to determine
whether there are encumbrances which may affect the proposed
construction; and
5.1.3
investigate the availability, location and capacity of utility services to determine
whether the proposed construction can be accommodated and arrange the
plumbing to suit the location of the connections provided for the lot in a
manner satisfactory to the Building Official.
5.2
The owner shall, during construction or as required by the Building Official:
5.2.1
ensure that all construction complies with the Building Code, this bylaw and
other applicable enactments respecting safety;
5.2.2
allow the Building Official to enter the building or premises at any reasonable
time for the purpose of administering and enforcing this or any other relevant
City bylaw;
5.2.3
post and maintain the permit placard, supplied by the City in the form
established and prescribed by the City, in a conspicuous place on the
property in respect of which the permit was issued;
5.2.4
ensure that the reviewed plans and specifications on which the permit is
based are continuously available at the site during working hours;
5.2.5
post the civic address on the property in a location visible from any adjoining
streets;
#4085
5.2.6
provide a current BC Land Surveyor's Building Location Certificate prior to
commencing works above grade to certify that the building or structure under
construction is set back from the property boundaries in conformance with
City regulations. The building official may waive the requirement for a building
location certificate when the property boundaries have been identified to the
satisfaction of the building official and the building or structure is:
5.2.6.1 located not less than 2 m (6.67 ft) from the required setback line; or
5.2.6.2 portable and not greater than 55 m2 (592 ft2); or
5.2.6.3 less than 25 m2 (269 ft2) in building area.
City of Salmon Arm
Building Bylaw 3939
Page 12
DIVISION FIVE - DUTIES AND RESPONSIBILITIES OF THE OWNER (continued)
5.2.7
uncover and replace at his/her own expense any work that has been covered
contrary to an order issued by the Building Official;
5.2.8
provide at his/her expense, tests or inspections necessary to establish
substantial conformance with this bylaw in a form satisfactory to the Building
Official;
5.2.9
provide in a form satisfactory to the Building Official, evidence to certify
substantial conformance with the requirements of this bylaw, other applicable
enactments respecting health and safety and any permits issued;
5.2.10 ensure that all work is confined within the boundaries of the property and does
not adversely affect adjacent properties for which the permit has been issued;
5.2.11 assume responsibility for the cost to repair any damage to City property that
may occur as a result of undertaking work for which a permit was required
under this bylaw;
5.2.12 promptly take all action necessary to put the site in a safe condition when an
unsafe condition becomes apparent; and
5.2.13 prior to the occupancy or use of any building or structure or part thereof, after
completion of construction of the building, or part thereof, including work
required in connection with any change in classification of occupancy of any
building, or part thereof, obtain from the Building Official an occupancy
certificate.
5.3
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 City shall in any way relieve the owner and his/her agent from full and complete
responsibility to perform the work in strict accordance with this bylaw, the Building
Code and other applicable enactments respecting safety.
5.4
Where, at the time of application for a building permit, works and services, as defined
in the City Subdivision and Servicing Bylaw, exist on the land to be developed or
within that portion of a highway immediately adjacent to the land, and if such works
and services do not meet the minimum standards established by the City Subdivision
and Development Servicing Bylaw, as amended from time to time, then as a condition
of issuing a building permit, the owner may be required to improve the substandard
works and services to at least the minimum standards as required by the City
Subdivision and Development Servicing Bylaw.
5.5
Where work is being done subject to a permit under the provisions of this bylaw, the
owner and his/her agent shall be completely responsible for any damage or cost to
adjacent property arising out of or incidental to the work and shall save the City
harmless in this regard.
City of Salmon Arm
Building Bylaw 3939
Page 13
DIVISION SIX - GENERAL PERMIT REGULATIONS
6.1
A permit is required whenever work regulated by this bylaw is to be undertaken.
6.2
No person shall rely upon any permit as establishing conformance 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 and his/her agents are
responsible for making such determination.
6.3
No permit shall be issued for the construction of an accessory building or structure
on any site, unless the principal building to which the accessory building or structure
is accessory to has been constructed, or will be constructed in conjunction with said
accessory building or structure.
6.4
Each building or structure to be constructed on a site requires a separate building
permit and shall be assessed a separate building permit fee as determined in
accordance with the current City Fee for Service Bylaw.
6.5
To obtain a permit, the owner or his/her agent shall apply in writing on the form
available from the City Development Services Department.
6.6
All applications, permits, plans, records or documents submitted to or kept by the
Building Official are the property of the City.
6.7
All plans submitted with permit applications shall bear the name and address of the
designer of the building, structure or plumbing.
6.8
Sufficient information shall be filed with each application to clearly identify the property
to be developed and to establish that the proposed work will substantially conform to
this bylaw and other applicable enactments.
6.9
The Building Official may require any owner to submit an up-to-date plan of survey
by a registered British Columbia Land Surveyor which shall contain sufficient
information regarding the site and the location of any building or structure to establish
prior to construction that requirements of this bylaw and any other applicable
enactments will be complied with.
6.10 The Building Official may require a registered professional to provide design and
plan certification and field reviews supported by letters of assurance in the form of
Schedules A, B, C-A and C-B as referred to in the Building Code, if in the opinion of
the Building Official:
6.10.1 the site conditions, soil types, contours or drainage require special foundation
design; or
6.10.2 the proposed building or structure or an element of construction is of a
category requiring professional design.
City of Salmon Arm
Building Bylaw 3939
Page 14
DIVISION SIX - GENERAL PERMIT REGULATIONS (continued)
6.11 In instances where sanitary sewer is not available, no permit will be issued until the
Building Official is provided with written verification that the proposed sewage
disposal system is accepted by the Interior Health Authority or other authority charged
with enforcement of prevailing sanitary regulations.
6.12 When the application is in respect of a building that includes, or will include, a
residential occupancy:
6.12.1 the building permit must not be issued unless the owner provides evidence
pursuant to section 30 (1) of the Homeowner Protection Act, SBC 1998
Chapter 31, and amendments thereto, that;
6.12.1.1 the proposed building is covered by home warranty insurance; and
6.12.1.2 the constructor is a licensed residential builder.
6.12.2 section 6.12.1 of this bylaw does not apply if the owner is not required to be
licensed and to obtain home warranty insurance in accordance with sections
20 (1) or 30 (1) of the Homeowner Protection Act, SBC 1998 Chapter 31, and
amendments thereto.
6.13 No permit shall be issued until off-site utilities to service the subject property are
completed to the approval of the authority having jurisdiction or the utility providing
service and all appropriate connection fees or other construction costs have been
paid.
6.14 Applicants for a building permit shall, at the time of building permit issuance, pay to
the City a security deposit in the amount established and prescribed in the current
City Fee for Service Bylaw.
6.14.1 The security deposit sum may:
6.14.1.1 cover the cost borne by the City to maintain, restore or replace any
public works or public lands which are destroyed or damaged in the
carrying out of the work referred to in any building permit held by the
applicant;
6.14.1.2 cover the cost borne by the City to make the site safe if the permit
holder abandons or fails to complete the work as designated on the
permit;
6.14.1.3 serve as the security deposit for a provisional certificate of
occupancy when such a certificate makes provision for a security
deposit; or
6.14.1.4 serve as a security deposit for the purpose of effecting compliance
with any condition under which the permit was issued.
City of Salmon Arm
Building Bylaw 3939
Page 15
DIVISION SIX - GENERAL PERMIT REGULATIONS (continued)
6.14.2 The security deposit may be returned:
6.14.2.1 when the Building Official is satisfied that no further damage to
public works or public lands will occur; and
6.14.2.2 when the inspections required by the bylaw are complete and
acceptable to the Building Official.
6.14.3 Any amount of the security deposit not used by the City for the purposes
described in subsection 6.14.1 herein shall be returned to the payer of the
security deposit.
6.14.4 Any amount in excess of the security deposit required by the City to complete
corrective work to public lands, public works or the site shall be recoverable
from the permit applicant or the owner of the property in a manner deemed
appropriate and legally available to the City.
6.15 When a completed application in conformance with Division 7, 8, 9, 10, 11 or 12 of this
bylaw, including all required supporting documentation has been submitted; and
6.15.1 a review of the proposed work set out in the application has been undertaken
in relation to the Building Code, this bylaw and all other applicable bylaws
and statutes,
6.15.2 all applicable fees set out in the current City Fee for Service Bylaw have been
paid;
6.15.3 the owner or his/her agent has paid all charges and met all requirements
imposed by any other statute or bylaw;
6.15.4 no enactment, covenant, agreement, or regulation of the City authorizes the
permit to be withheld;
6.15.5 the owner has retained a registered professional if required by the provisions
of the Building Code, the Engineers and Geoscientists Act, or the Architects
Act;
6.15.6 the owner has made arrangements satisfactory to the City for the
construction of crossings over sidewalks and curbs in accordance with the
current City Subdivision and Development Servicing Bylaw; and
6.15.7 the owner has provided copies of approvals required under any enactment
relating to health and/or safety; then
a Building Official shall issue the permit for which the application is made.
City of Salmon Arm
Building Bylaw 3939
Page 16
DIVISION SIX - GENERAL PERMIT REGULATIONS (continued)
6.16 A Building Official may issue, at the risk of the owner, 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 City to demonstrate to the Building Official that the portion authorized
to be constructed substantially complies with this and other applicable bylaws and the
permit fee applicable to that portion of the building or structure has been paid. The
issuance of the permit notwithstanding, the requirements of this bylaw apply to the
remainder of the building or structure as if the permit for the portion of the building or
structure had not been issued.
6.17 Every permit is issued upon the condition that the permit shall expire and the rights of
the owner under the permit shall terminate if:
6.17.1 the work authorized by the permit is not commenced within twelve (12)
months from the date of issuance of the permit;
6.17.2 work is discontinued for a period of twelve (12) months;
6.17.3 a Sewage Disposal Permit required pursuant to this bylaw is revoked; or
6.17.4 the title of the property for which the permit authorizes work to be done is
transferred to a different owner.
6.18 The Building Official may extend the period of time set out under sections 6.17.1 and
6.17.2 of this bylaw where construction has not been commenced or has been
discontinued due to adverse weather, strikes, material or labour shortages, or similar
hardship beyond the owner's control.
6.19 A building permit that is valid at the time of transfer may be transferred to the new
owner when;
6.19.1 the permit holder requests such a transfer in writing to the City; and
6.19.2 the transfer fee set out in the current City Fee for Service Bylaw has been
paid.
6.20 Except for buildings referred to in Divisions 10 and 12, each building permit shall be
valid for a period of two (2) years and the Building Official may upon expiration of the
building permit, grant a renewal permit for an additional two (2) year period subject to
the requirements of Section 4.5 of this bylaw. A permit renewal fee shall be paid in
accordance with the current City Fee for Service Bylaw.
6.21 The Building Official may revoke a permit where:
6.21.1 the permit was issued in error;
6.21.2 there is a contravention of any term or condition under which the permit was
issued;
City of Salmon Arm
Building Bylaw 3939
Page 17
DIVISION SIX - GENERAL PERMIT REGULATIONS (continued)
6.21.3 there is a contravention of any provision of the Building Code or other
applicable enactment; or
6.21.4 the permit was issued on the basis of incorrect information supplied by or on
behalf of the applicant; then
the permit holder shall be notified of the revocation in writing.
6.22 The Building Official may forward a recommendation to the City Council to file a
notice on the property title, pursuant to Section 57 of the Community Charter, when
works remain incomplete at the expiration of a renewal permit.
6.23 Notwithstanding the requirements of Section 58 of the Community Charter, where the
City has caused a notice to be filed on the title of a property in accordance with
Section 57 of the Community Charter, the notice may be removed provided:
6.23.1 the owner has obtained a new permit for the correction of the construction;
6.23.2 the deficient construction has been corrected and completed so that the
conditions which gave rise to the filing of the notice have been rectified; and
6.23.3 the owner has paid a title notice removal fee in accordance with the City Fee
for Service Bylaw.
6.24 A registered professional shall undertake the design and conduct field reviews for the
construction of a retaining wall greater than 1.2 m (4 ft) in height. Sealed copies of
the design and plan certification and field reviews shall be submitted to the Building
Official.
6.25 Where hoarding is required, and encroaches over City property;
6.25.1 permission to install such hoarding shall be obtained from the Director of
Engineering and Public Works or the City Engineer;
6.25.2 a Highway Use permit shall be obtained and fee paid as prescribed in the
current City Fee for Service Bylaw, and
6.25.3 the applicant shall provide confirmation of a minimum liability coverage of two
million dollars ($2,000,000.00) as set out in the current City Traffic Bylaw.
City of Salmon Arm
Building Bylaw 3939
Page 18
DIVISION SEVEN - PLUMBING
7.1
Application for a permit shall:
7.1.1
be in the form established and prescribed by the City and include the fees
established in the current City Fee for Service Bylaw. Requirements for
issuance may require a valid BC Tradesman's Qualification Certification;
7.1.2
state the number of fixtures to be installed in the building;
7.1.3
in the case of commercial, industrial, institutional buildings or residential
buildings containing three or more dwelling units, or where otherwise required
by a Building Official, be accompanied by a plan drawn to scale that shows
to the satisfaction of a Building Official:
7.1.3.1 site services including size, slope and location of pipes;
7.1.3.2 site drainage including size, slope and location of pipes, catch
basins and dry wells;
7.1.3.3 the proposed works and the location, size and slope of every building
drain and every trap or clean out on a building drain, trap and vent
pipe;
7.1.3.4 a schematic drawing showing water distribution system layout and
sizing; and
7.1.3.5 rainwater leaders, size and slope of pipe and area of roof drained.
7.1.4
include drawings designed by a registered professional, for complex
buildings, and buildings with complex plumbing systems as determined by
the Building Official; and
7.1.5
contain any and all other information necessary to establish substantial
conformance with this bylaw.
7.2
Except where specifically required by the City and where a legal right-of-way has been
obtained and such plans are accepted by the City Engineer, no plumbing system,
drainage system, building sewer, private sewage disposal system or parts thereof,
shall be located in any lot other than the property which is the site of the building,
structure, or premises serviced by such facilities.
City of Salmon Arm
Building Bylaw 3939
Page 19
DIVISION EIGHT - COMPLEX BUILDINGS
8.1
An application for a building permit with respect to a complex building shall:
8.1.1
be made in the form established and prescribed by the City, signed by the
owner, or a signing officer if the owner is a corporation and include the fees
established in the current City Fee for Service Bylaw;
8.1.2
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule "1" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
8.1.3
include a copy of a title search made within thirty (30) days of the date of the
application;
8.1.4
include an accurate site plan prepared by a British Columbia Land Surveyor,
registered professional or as otherwise approved by a Building Official
showing:
8.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
8.1.4.2 the legal description and civic address of the parcel;
8.1.4.3 the location and dimensions of all statutory rights of way, easements
and setback requirements;
8.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
8.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse or any other environmentally sensitive area where the
City's land use regulations establish siting requirements related to
flooding or environmental protection;
8.1.4.6 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 City's land use
regulations establish siting requirements related to minimum floor
elevation;
8.1.4.7 the location, dimension and gradient of parking and driveway access,
boulevard, trees, overhead or underground wire, street lights and
pole locations; however
8.1.4.8 the Building Official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or
alteration of an existing building or structure.
City of Salmon Arm
Building Bylaw 3939
Page 20
DIVISION EIGHT - COMPLEX BUILDINGS (continued)
8.1.5
include a Building Code analysis and building plans drawn to suitable scale
showing sufficient information to determine substantial conformance with this
bylaw including but not limited to:
8.1.5.1 foundation plans;
8.1.5.2 floor plans showing the dimensions and uses of all areas;
8.1.5.3 the dimensions and height of crawl and roof spaces;
8.1.5.4 the location, size and swing of doors;
8.1.5.5 the location, size and opening of windows;
8.1.5.6 floor, wall, ceiling and roof finishes;
8.1.5.7 components of fire protection including:
8.1 5.7.1 firewalls;
8.1.5.7.2 degree of fire separation of storeys, corridors, shafts and
rooms; and
8.1.5.7.3 fire detection, suppression and alarm system;
8.1.5.8 plumbing fixtures;
8.1.5.9 structural, mechanical, and electrical elements;
8.1.5.10 stair, handrail and guard dimensions;
8.1.5.11 a cross section, through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems;
8.1.5.12 elevations of all sides of the building or structure showing finishes,
roof slopes, windows, doors, original and finished grade adjacent to
the building and the neighboring property; and
8.1.5.13 cross-sectional details drawn at sufficient locations to illustrate that
the building or structure substantially conforms to the Building
Code.
8.1.6
include copies of approvals required under any enactment relating to health
and/or safety, including, without limitation, sewage disposal permits, highway
access permits and Ministry of Health approval;
City of Salmon Arm
Building Bylaw 3939
Page 21
DIVISION EIGHT - COMPLEX BUILDINGS (continued)
8.1.7
include a letter 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 company, and the Coordinating Registered Professional;
8.1.8
include letters of assurance in the form of Schedule B as referred to in the
Building Code;
8.1.9
include one (1) copy of specifications and two (2) sets of drawings at a
suitable scale of the design prepared by each registered professional and
including the information set out in section 8.1.5 of this bylaw; and
8.1.10 include any other information required by the Building Official or the
Building Code to establish substantial conformance with this bylaw, the
Building Code and other applicable enactments relating to the building or
structure.
8.2
In addition to the requirements of section 8.1.4, 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 in the opinion of the Building Official the
complexity of the proposed building or structure or siting circumstances warrant:
8.2.1
site servicing drawings, including sufficient detail of off-site services to
indicate locations and elevations at the property line, prepared and sealed by
a registered professional, in accordance with the current City Subdivision and
Development Servicing Bylaw;
8.2.2
a section through the site showing grades, buildings, structures, parking
areas and driveways; and
8.2.3
any other information required by the Building Official or the Building Code
to establish substantial conformance with this bylaw, the Building Code and
other bylaws and applicable enactments relating to the building or structure.
8.3
A Building Official may accept plans with less detail for an application to undertake
minor repairs or alterations to complex buildings.
City of Salmon Arm
Building Bylaw 3939
Page 22
DIVISION NINE - STANDARD BUILDINGS
9.1
An application for a building permit with respect to a standard building shall:
9.1.1
be made in the form established and prescribed by the City, signed by the
owner, or a signing officer if the owner is a corporation and include the fees
established in the current City Fee for Service Bylaw;
9.1.2
be accompanied by the owners acknowledgment of responsibility and
undertakings made in the form attached as Schedule "1" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
9.1.3
include a copy of a title search made within thirty (30) days of the date of the
application;
9.1.4
include an accurate, scaled site plan prepared by a British Columbia Land
Surveyor, registered professional or as otherwise approved by a Building
Official showing:
9.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
9.1.4.2 the legal description and civic address of the parcel;
9.1.4.3 the location and dimensions of all statutory rights of way, easements
and setback requirements;
9.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
9.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse or any other environmentally sensitive area where the
City's land use regulations establish siting requirements related to
flooding or environmental protection;
9.1.4.6 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 City's land use
regulations establish siting requirements related to minimum floor
elevation;
9.1.4.7 the location and dimension of all existing and proposed sewage
disposal systems and wells;
9.1.4.8 the location, dimension and gradient of parking and driveways from
the road access point; however
9.1.4.9 the Building Official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or
alteration of an existing building or structure.
City of Salmon Arm
Building Bylaw 3939
Page 23
DIVISION NINE - STANDARD BUILDINGS (continued)
9.1.5
include building plans drawn to suitable scale showing sufficient information to
determine substantial conformance with this bylaw including but not limited to:
9.1.5.1 foundation plans;
9.1.5.2 floor plans showing the dimensions and uses of all areas;
9.1.5.3 the dimensions and height of crawl and roof spaces;
9.1.5.4 the location, size and swing of doors;
9.1.5.5 the location, size and opening of windows;
9.1.5.6 floor, wall, ceiling and roof finishes;
9.1.5.7 components of fire protection including:
9.1.5.7.1 firewalls;
9.1.5.7.2 degree of fire separation of storeys, corridors, shafts and
rooms; and
9.1.5.7.3 fire detection, suppression and alarm system;
9.1.5.8 plumbing fixtures;
9.1.5.9 structural, mechanical and electrical elements;
9.1.5.10 stair, handrail and guard dimensions;
9.1.5.11 a cross section, through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems;
9.1.5.12 elevations of all sides of the building or structure showing finishes,
roof slopes, windows, doors, and original and finished grade
adjacent to the building and the neighboring property; and
9.1.5.13 cross-sectional details drawn at sufficient locations to illustrate that
the building or structure substantially conforms to the Building
Code.
9.1.6
include copies of approvals required under any enactment relating to health
and/or safety, including, without limitation, sewage disposal permits, highway
access permits, Ministry of Health approval and proof of potable water in
accordance with the current City Subdivision and Development Servicing
Bylaw;
9.1.7
include two (2) sets of drawings at a suitable scale including the information
set out in sections 9.1.5 of this bylaw; and
City of Salmon Arm
Building Bylaw 3939
Page 24
DIVISION NINE - STANDARD BUILDINGS (continued)
9.1.8
include any other information required by the Building Official or the
Building Code to establish substantial conformance with this bylaw, the
Building Code, and any other bylaw or enactments relating to the building or
structure.
9.2
In addition to the requirements of section 9.1.4 and 9.1.5, 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 m2 (10,764 ft2), 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:
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, in accordance with the current City Subdivision and
Development Servicing Bylaw;
9.2.2
a section through the site showing grades, buildings, structures, parking
areas and driveways;
9.2.3
a roof plan and roof height calculations;
9.2.4
structural, electrical, mechanical or fire suppression drawings prepared and
sealed by a registered professional; and
9.2.5
any other information required by the Building Official or the Building Code
to establish substantial conformance with this bylaw, the Building Code, and
other bylaws and any other bylaw or enactments relating to the building or
structure.
9.3
A Building Official may accept plans with less detail for an application to undertake
minor repairs or alterations to standard buildings.
City of Salmon Arm
Building Bylaw 3939
Page 25
DIVISION TEN - RELOCATION OF A BUILDING OR STRUCTURE
10.1 An application for a permit with respect to the relocation of a building shall:
10.1.1 be made in the form established and prescribed by the City and include the
fees established in the current City Fee for Service Bylaw;
10.1.2 be accompanied by security in a form acceptable to the Building Official, and
in an amount equal to the estimated cost of completing the building or
structure in its new location. The amount so estimated shall be acceptable to
the Building Official, but in no case shall the security be less than the
amount prescribed in the current City Fee for Service Bylaw.
10.1.3 designate:
10.1.3.1 the existing site of the building to be moved; and
10.1.3.2 the name and street address of the owner of the lot to which the
building is to be moved and the name and address of the owner of
the building.
10.1.4 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule "1" to this bylaw, signed
by the owner(s), or a signing officer if the owner is a company;
10.1.5 include a copy of a title search made within thirty (30) days of the date of the
application;
10.1.6 include an accurate, scaled site plan prepared by a British Columbia Land
Surveyor, registered professional or as otherwise approved by a Building
Official showing:
10.1.6.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
10.1.6.2 the legal description and civic address of the parcel;
10.1.6.3 the location and dimensions of all statutory rights of way, easements
and setback requirements;
10.1.6.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
10.1.6.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse or any other environmentally sensitive area where the
City's land use regulations establish siting requirements related to
flooding or environmental protection;
City of Salmon Arm
Building Bylaw 3939
Page 26
DIVISION TEN - RELOCATION OF A BUILDING OR STRUCTURE (continued)
10.1.6.6 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 City's land use
regulations establish siting requirements related to minimum floor
elevation;
10.1.6.7 the location and dimension of all existing and proposed sewage
disposal systems and wells; and
10.1.6.8 the location, dimension and gradient of parking and driveway access.
10.2 The applicant shall provide confirmation of a minimum liability coverage of two million
dollars ($2,000,000.00) as set out in the current City Traffic Bylaw.
10.3 No permit to move a building shall be issued by a Building Official until the time and
route of the move have been approved by the R.C.M.P., the Fire Chief and the
Director of Engineering and Public Works.
10.4 No person shall relocate a building until a pre-move inspection has been completed
by a Building Official to review the condition of the building in relation to structural
stability, life safety, fire safety and health requirements pursuant to the Building Code,
except a Building Official may waive the inspection for a manufactured or mobile
home less than five (5) years of age.
10.5 No building shall be moved into the City, or from one property in the City to another or
from one location to another location on the same piece of land or real property,
unless such building in its intended location shall comply with the provisions of the
relevant bylaws of the City.
10.6 No building that is to be used as a dwelling may be moved into the City except an
unaltered factory built unit which has been certified by the Canadian Standards
Association as conforming to CAN/CSA Z240 MH Series "Mobile Homes" or CSA
Standard A277 "Procedure for Certification of Factory Built Houses.
10.7 No building shall be moved onto any lot within a registered plan of subdivision
containing more than two (2) lots if no buildings exist on any of the lots within the said
subdivision at the date of application to move the building.
10.8 A building situated within the City may be moved within the City provided:
10.8.1 the building meets or exceeds the aesthetic and architectural standards of the
majority of the existing buildings within 150 m (492 ft) of the lot to which it is
proposed to move the building; or
10.8.2 the owner submits plans showing the changes required in order to make the
building conform to the aesthetic and architectural standards of the majority of
the buildings situated on lots within 150 m (492 ft) of the lot to which it is
proposed to move the building.
City of Salmon Arm
Building Bylaw 3939
Page 27
DIVISION TEN - RELOCATION OF A BUILDING OR STRUCTURE (continued)
10.9 The provisions of section 10.8 herein shall not apply to the moving of any buildings
onto land which is zoned Agricultural pursuant to the provisions of the current City
Zoning Bylaw in force and effect at the date of application to move the building.
10.10 Prior to obtaining an occupancy certificate the owner shall
10.10.1 ensure the City services are terminated to the satisfaction of the City
Engineer and all utilities have been disconnected and/or sealed to the
satisfaction of the appropriate utility authority; and
10.10.2 provide a building location certificate prepared by a British Columbia Land
Surveyor if required.
10.11 Should a building which has been relocated subject to the provisions of this Division
not be completed within one (1) year from the date of issuance of the permit, the
Building Official may send a written notice to the owner stating that the building does
not conform with this bylaw or other enactment and direct the owner to remedy the
nonconformance within thirty (30) days from the date of service of the notice. If the
non-conformance is not remedied within the period of thirty (30) days, the Building
Official may draw upon the security deposit and take whatever action is necessary to
effect completion of the building and site.
10.12 Buildings relocated to outside the City boundaries will be regulated through Division
Eleven of this bylaw except factory constructed units utilizing a Collectors Certificate
for Transport Purposes Schedule "A".
10.13 Where an applicant has been refused a residential moving permit by a Building
Official, the applicant may appeal the decision of the Building Official to City
Council.
City of Salmon Arm
Building Bylaw 3939
Page 28
DIVISION ELEVEN - DEMOLITIONS
11.1 An application for a permit with respect to a demolition shall:
11.1.1 be made in the form established and prescribed by the City and include the
fees established in the current City Fee for Service Bylaw;
11.1.2 be accompanied by security in a form acceptable to the Building Official, in
the amount established and prescribed in the current City Fee for Service
Bylaw;
11.1.3 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule "1" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
11.1.4 include a copy of a title search made within thirty (30) days of the date of the
application;
11.1.5 include a site profile document made in the form provided in the Waste
Management Act; and
11.1.6 include a site plan identifying the building or buildings to be demolished or as
otherwise approved by the Building Official.
11.2 The owner shall ensure the City services are terminated to the satisfaction of the City
Engineer and all utilities have been disconnected and/or sealed to the satisfaction of
the appropriate utility authority.
11.3 The owner shall ensure the site of the demolition is left in a safe and neat condition,
free from debris or dust and compatible with neighbouring properties.
City of Salmon Arm
Building Bylaw 3939
Page 29
DIVISION TWELVE - TEMPORARY BUILDINGS
12.1 An application for a permit with respect to a temporary building or structure shall:
12.1.1 be made in the form established and prescribed by the City, signed by the
owner, or a signing officer if the owner is a corporation and include the fees
established in the current City Fee for Service Bylaw;
12.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule "1" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
12.1.3 include a copy of a title search made within thirty (30) days of the date of the
application;
12.1.4 include an accurate, scaled site plan prepared by a British Columbia Land
Surveyor, registered professional or as otherwise approved by a Building
Official showing:
12.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
12.1.4.2 the legal description and civic address of the parcel;
12.1.4.3 the location and dimensions of all statutory rights of way, easements
and setback requirements;
12.1.4.4 the location and dimensions of all existing and proposed buildings or
structures on the parcel;
12.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse or any other environmentally sensitive area where the
City's land use regulations establish siting requirements related to
flooding or environmental protection;
12.1.4.6 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 City's land use
regulations establish siting requirements related to minimum floor
elevation;
12.1.4.7 the location and dimension of all existing and proposed sewage
disposal systems and wells; and
12.1.4.8 the location, dimension and gradient of parking and driveway access.
12.1.5 include construction drawings indicating compliance to;
12.1.5.1 climatic loading data;
12.1.5.2 building code or registered professionals design of supports;
City of Salmon Arm
Building Bylaw 3939
Page 30
DIVISION TWELVE - TEMPORARY BUILDINGS (continued)
12.1.5.3 building code for fire safety and means of egress; or
12.1.5.4 any other requirement deemed necessary by the Building Official.
12.1.6 include security in a form and amount in accordance with the current City
Zoning Bylaw, to guarantee that the building or structure will be removed
from the site within the time limit indicated.
12.2 Temporary buildings shall conform to the requirements of this bylaw and the current
City Zoning Bylaw as amended from time to time.
City of Salmon Arm
Building Bylaw 3939
Page 31
DIVISION THIRTEEN - PROFESSIONAL DESIGN AND FIELD REVIEW
13.1 When a Building Official considers that the site conditions, size or complexity of a
development or an aspect of a development warrant, he/she may require a registered
professional to provide design and plan certification and in the case of a complex
building, field review supported by letters of assurance in the form of Schedules B
and C-B referred to in the Building Code.
13.2 When a Building Official considers that the design of a component or combination of
components of a project is beyond the scope of Part 9 of the Building Code, the
Building Official may require a registered professional to review the design
components. The Building Official may require the submission of letters of assurance
in the form of Schedules B and C-B referred to in the Building Code.
13.3 When a Building Official considers that construction would be on land that is subject
to or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion,
land slip, rock falls, subsidence or avalanche, he/she may request the owner of the
land to provide a report certified by a professional engineer with geotechnical
experience, that the land may be used safely for the use intended.
13.3.1 Where the professional engineer determines that the land may not be used
safely for the use intended, the Building Official shall refuse to issue a
building permit.
13.3.2 Notwithstanding 13.3.1 above, where a professional engineer determines and
certifies that land may be used safely for the use intended subject to
conditions contained in his report with respect to the siting and structural
design of buildings, structures or works, the maintenance or planting of
vegetation, or the placement of landfill, a Building Official may issue a
building permit on the condition that:
13.3.2.1 the owner of the land covenants with the City to use the land only in
the manner determined and certified by a professional engineer as
enabling the safe use of the land for the use intended; and
13.3.2.2 the covenant is registered under section 219 of the Land Title Act.
13.4 Prior to the issuance of a Final Occupancy Approval for a complex building or a
standard building in circumstances where letters of assurance have been required by
the Building Code and in accordance with sections 6.10, 8.1.7, 8.1.8, 13.1 or 13.2 of
this bylaw, the owner shall provide the City with letters of assurance in the form of
Schedules C-A or C-B, as is appropriate, referred to in the Building Code.
City of Salmon Arm
Building Bylaw 3939
Page 32
DIVISION FOURTEEN - PROFESSIONAL PLAN CERTIFICATION
14.1 The letters of assurance in the form of Schedule B referred to in the Building Code
and provided pursuant to sections 6.10, 8.1.7, 8.1.8, 13.1 and 13.2 of this bylaw are
relied upon by the City and its Building Officials as certification that the design and
plans to which the letters of assurance relate substantially conform to the Building
Code and other applicable enactments relating to health and safety.
14.2 A building permit issued pursuant to the requirements of this bylaw shall 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 conform with the Building Code and other
applicable enactments relating to safety.
14.3 When a building permit is issued for a complex building in accordance with section
14.1 of this bylaw the permit fee shall be reduced by 5% of the fees payable pursuant
to the current City Fee for Service Bylaw, up to a maximum reduction of Five Hundred
Dollars ($500.00).
14.4 When a building permit is issued for a standard building in accordance with section
14.1 of this bylaw the permit fee shall be reduced by 1% of the fees payable pursuant
to the current City Fee for Service Bylaw, up to a maximum reduction of One Hundred
Dollars ($100.00).
City of Salmon Arm
Building Bylaw 3939
Page 33
DIVISION FIFTEEN - INSPECTIONS
15.1 When a registered professional provides letters of assurance in accordance with
sections 6.10, 8.1.7, 8.1.8, 13.1, 13.2 or 13.4 of this bylaw, the City will rely solely on
the letters of assurance submitted pursuant to section 13.4 of this bylaw as
certification that the construction substantially conforms to the design, plans and
specifications and that the construction, substantially complies with the Building
Code, this bylaw and other applicable enactments.
15.2 Notwithstanding section 15.1 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.
15.3 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.
15.4 The owner, or his/her agent, shall give a minimum of one working day's notice to the
City of the following aspects of the work and, in the case of a Standard Building,
shall obtain an inspection and receive a Building Officials acceptance of the following
aspects of the work prior to concealing it:
15.4.1 any work that has been ordered inspected by the Building Official during
construction; and
#4085
15.4.2 while not limiting the generality of the forgoing, at the following stages of
construction:
15.4.2.1 the footing and foundation forms, before concrete is placed;
15.4.2.2 installation of perimeter drainage pipe and drain rock, prior to
backfilling;
15.4.2.3 installation of a building drain, sanitary or storm sewer and any part of
the plumbing system prior to backfilling or covering;
15.4.2.4 installation of subfloor depressurization system and rough in for soil
gas control;
15.4.2.5 when framing and sheathing of the building are complete, but before
any insulation, drywall or other interior or exterior finish is applied
which would conceal such work;
15.4.2.6 during the construction of any masonry fireplace, when cantilevered
hearth forms are in place but prior to placing concrete; at the smoke
chamber stage; for a freestanding masonry chimney, at the thimble
stage and before any factory-built or site constructed fireplace or
chimney is enclosed by combustible material;
City of Salmon Arm
Building Bylaw 3939
Page 34
DIVISION FIFTEEN - INSPECTIONS (continued)
15.4.2.7 when insulation, vapour barriers and air barriers are complete but
prior to placement of any finish thereon; and
15.4.2.8 when the building or structure is substantially complete and ready for
occupancy.
15.5 For greater clarity, in the case of Complex Buildings, the requirement under 15.4 to
notify the City of the listed stages of construction does not oblige the City to attend
the site for inspections, monitoring or any other purpose.
City of Salmon Arm
Building Bylaw 3939
Page 35
DIVISION SIXTEEN - OCCUPANCY CERTIFICATE
16.1 No person shall occupy or use a building or structure or occupy part of a building or
structure until an occupancy certificate has been issued in the form established and
prescribed by the City.
16.2 A Final Occupancy Certificate shall not be issued unless:
16.2.1 all letters of assurance have been submitted when required in accordance
with sections 6.10 and 13.4 of this bylaw;
16.2.2 all aspects of the work requiring inspection and acceptance pursuant to
section 15.4 of this bylaw have been inspected and accepted;
16.2.3 the exterior cladding has been substantially completed,
16.2.4 a British Columbia Land Surveyor's Building Location Certificate has been
submitted, if required;
16.2.5 the street address has been posted and is visible from the street; and
16.2.6 an "Authorization to Operate" certificate has been submitted to the Building
Official for an on-site sewerage disposal system pursuant to Section 9 of the
Sewerage System Regulations.
16.3 A Building Official may issue an occupancy approval for part of a building or
structure when that part of the building or structure is self-contained, provided with
essential services and meets health and safety requirements set out in section 16.2 of
this bylaw, and in the case of a Complex Building, has been accepted for occupancy
by the registered professional.
City of Salmon Arm
Building Bylaw 3939
Page 36
DIVISION SEVENTEEN - FEES AND CHARGES
17.1 Each application shall list the estimated value of building construction.
17.2 The appropriate plan-processing fee as set out in the current City Fee for Service
Bylaw shall accompany an application made for a building permit to this bylaw, and
the following conditions will apply:
17.2.1 the plan-processing fee is non-refundable and shall be credited against the
building permit fee when the permit is issued;
#4085
17.2.2 an application shall be cancelled and the permit application fee forfeited if the
building permit has not been issued within one (1) year of the application date;
17.2.3 when an application is cancelled the plans and related documents submitted
with the application may be destroyed.
17.3 The owner may obtain a refund of the permit fees set out in the current City Fee for
Service Bylaw, as amended, when a permit is surrendered provided:
17.3.1 the refund shall not include the plan-processing fee paid pursuant to section
17.2 of this bylaw and as outlined in the current City Fee for Service Bylaw, as
amended; and
17.3.2 construction has not begun nor have any inspections been made.
17.4 Security deposits shall not be refunded when a permit is surrendered until the site
has been left in a safe condition.
17.5 Where, due to non-conformance 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 set out in the current City Fee for
Service Bylaw shall be paid prior to additional inspections being performed.
17.6 Where a required permit inspection is requested to be done after the hours during
which City offices are normally open, an inspection charge shall be payable based on
the time actually spent in making such inspection, including travel time, as set out in
the current City Fee for Service Bylaw, as amended. The Building Official shall
determine what sufficient notice of the request is.
City of Salmon Arm
Building Bylaw 3939
Page 37
DIVISION EIGHTEEN - DISCLAIMER OF WARRANTY OR REPRESENTATION
18.1 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.
City of Salmon Arm
Building Bylaw 3939
Page 38
DIVISION NINETEEN - PENALTIES AND ENFORCEMENT
19.1 Every person who contravenes any provision of this bylaw commits an offense
punishable on summary conviction and shall be liable to a fine of not more than ten
thousand dollars ($10,000.00) or to imprisonment for not more than six (6) months.
19.2 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.
19.3 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 Order on the
property or building wherein such work is being undertaken.
19.4 The owner of property on which a Stop Work Order has been posted, and every other
person, shall cease all construction work immediately and shall not do any work until
all applicable provisions of this bylaw have been substantially complied with and the
Stop Work Order has been rescinded in writing by a Building Official.
19.5 Where a person occupies a building or structure or part of a building or structure in
contravention of section 3.1.6 of this bylaw a Building Official may post a "Do Not
Occupy" notice on the affected part of the building or structure.
19.6 The owner of property on which a "Do Not Occupy" notice has been posted, and
every person, shall cease occupancy of the building or structure immediately and
shall refrain from further occupancy until all applicable provisions of the Building
Code and this bylaw have been substantially complied with and the "Do Not Occupy"
notice has been rescinded in writing by a Building Official.
19.7 Every person who commences work requiring a permit without first obtaining such a
permit shall, if a Stop Work Order is issued, pay an additional charge equal to twenty-
five percent (25%) of the building permit fee prior to obtaining the required building
permit.
City of Salmon Arm
Building Bylaw 3939
Page 39
DIVISION TWENTY - IMPLEMENTATION
20.1 Schedule "1" attached to this bylaw forms part of and is enforceable in the same
manner as this bylaw.
20.2 If any provision of this bylaw is found invalid, such provision is severable and shall not
affect the validity of the remainder of this bylaw.
20.3 Upon adoption of this Bylaw, "City of Salmon Arm Building Bylaw No. 3535" and
amendments thereto are hereby repealed.
20.4 This bylaw may be cited for all purposes as the "City of Salmon Arm Building Bylaw
No. 3939".
READ A FIRST TIME THIS
22nd
DAY OF
October
2012
READ A SECOND TIME THIS
22nd
DAY OF
October
2012
READ A THIRD TIME THIS
22nd
DAY OF
October
2012
ADOPTED BY COUNCIL THIS
13th
DAY OF
November
2012
"N. COOPER"
MAYOR
"C. BANNISTER"
CORPORATE OFFICER
Page 1 of 3
SCHEDULE "1" to
City of Salmon Arm Building Bylaw No. 3939
OWNER'S UNDERTAKING / APPOINTMENT OF AN AGENT
Re: Building Permit # ____________________
Property
Address___________________________________________________________
Legal
Description___________________________________________________________
This undertaking is given by the undersigned, as the owner of the property described
above, with the intention that it be binding on the owner and that the City of Salmon Arm
will rely on same.
The Owner acknowledges that Salmon Arm Bylaw No. 3939 regulates building construction
in the City of Salmon Arm and, among other things, describes the responsibilities of the
Owner and the role of the Building Inspector in that process.
The Owner will comply with the Bylaw and all bylaws and enactments in force in the City of
Salmon Arm with respect to the works for which this building permit is applied for.
The Owner specifically acknowledges having reviewed Sections 1.1 and 5.3 of the Bylaw:
1.1
Purpose of Bylaw
The bylaw, shall, notwithstanding any other provision herein, be interpreted in
accordance with this section.
1.1.1 This bylaw has been enacted for the purpose of regulating construction
within the City in the general public interest. The activities undertaken by or
on behalf of the City pursuant to this bylaw are for the sole purpose of
providing a limited and interim spot-checking and monitoring function for
reason of health, safety and the protection of persons and property. It is not
contemplated nor intended, nor does the purpose of this bylaw extend:
1.1.1.1 to the protection of owners, owner/builders, constructors or
occupiers from bodily injury or economic loss;
1.1.1.2 to the assumption by the City or any Building Official of any
responsibility for ensuring the conformance by any owner, his/her
agent or any employees, constructors or designers retained by
him/her, with the Building Code, the requirements of this bylaw or
other applicable enactments respecting safety;
Page 2 of 3
1.1.1.3 to providing any person a warranty of design or workmanship with
respect to any building or structure for which a building permit or
occupancy certificate is issued under this bylaw;
1.1.1.4 providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the City is free from latent
or any defects or complies with this bylaw; or
1.1.1.5 to the assumption by the City or any Building Official of any
responsibility for ensuring that any construction will be
geotechnically sound and will not be subject to flooding, mud flows,
debris flows, debris torrents, erosion, land slip, rock falls,
subsidence, avalanche or other geohazards.
5.3
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 City shall in any way relieve the owner and his/her agent from full and
complete responsibility to perform the work in strict accordance with this bylaw, the
Building Code and other applicable enactments respecting safety.
I am the owner of the above-referenced property and hereby authorize:
Agent ________________________________________(Print Name) to represent me in
an application for (please check, where applicable):
___ Building Permit (Application #_______________)
___ Moving Permit (Application #_______________)
___ Demolition Permit (Application #______________)
___ Plumbing Permit (Application #______________)
___ Fireplace & Chimney Permit (Application #______________)
To view or receive copies of:
___ Correspondence and/or Permits
___ Permit Plans
To receive a building permit:
___ As the owner of the subject property prior to transfer of title.
Owner's Information:
Name:
Address:
Telephone:
Contact
Person:
Date:
Signature:
Date:
Witness:
Page 3 of 3
ADDITIONAL
OWNER
Name:
Address:
Telephone:
Contact
Person:
Date:
Signature:
Date:
Witness:
Where owner is a company:
Company
Name:
Address:
Telephone:
Contact
Person:
Date:
Signature:
Signature of authorized signatory for Company
Name of authorized signatory for Company
Title of authorized signatory for Company