Building Bylaw No. 409, 2003

Sechelt, British Columbia · adopted 2003-01-01

This is the exact embedded text of the captured official document. Snapshot eb3e3793b188 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Building-Bylaw-Consolidation.pdf" municipality_ids: - gx-000125 content_type: "application/pdf" captured_at: "2026-06-08T06:16:30+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 83828 --- DISTRICT OF SECHELT BUILDING BYLAW No. 409, 2003 Consolidated for convenience only February 3, 2022 This Consolidation includes the following Bylaw Amendments: 409-1, 2005 409-2, 2007 409-3, 2010 409-4, 2011 409-5, 2013 409-6, 2020 409-7, 2020 409-8, 2021 409-10, 2022 This version of this bylaw is a consolidation of amendments to the original bylaw as of the date specified. This consolidation is done for the convenience of users and accurately reflects the status of the bylaw as of the specified date but must not be construed as the original bylaw and is not admissible in Court unless specifically certified by the Director of Corporate Services for the District of Sechelt. Persons interested in the definitive wording of this bylaw and its amendments should view the original bylaws at the District of Sechelt. DISTRICT OF SECHELT BUILDING BYLAW NO. 409, 2003 A bylaw to regulate the construction within the District of Sechelt in the general public interest WHEREAS the Local Government Act authorizes the District of Sechelt, 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 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 DISTRICT OF SECHELT, in an open meeting assembled, enacts as follows: 1. TITLE This bylaw may be cited for all purposes as the "District of Sechelt Building Bylaw No. 409, 2003". District of Sechelt Building Bylaw No. 409, 2003 CONSOLIDATION BUILDING BYLAW 409, 2003 TABLE OF CONTENTS PART 1 - INTERPRETATION ........................................................................... 1 1.2 Definitions........................................................................................1 1.3 Purpose of Bylaw ............................................................................ 3 1.4 Permit Conditions ........................................................................... 3 1.5 Scope and Exemptions .................................................................... 3 1.6 Disclaimer of Warranty or Representation...................................... 5 PART 2 - PROHIBITIONS ..................................................................................5 PART 3 - BUILDING OFFICIALS .....................................................................6 PART 4 - APPLICATIONS .................................................................................7 PART 5 - APPLICATIONS FOR COMPLEX BUILDINGS ...........................8 PART 6 - APPLICATIONS FOR STANDARD BUILDINGS .......................10 PART 7 - PROFESSIONAL PLAN CERTIFICATION .................................12 PART 8 - FEES AND CHARGES .....................................................................12 PART 9 - BUILDING PERMITS ......................................................................14 PART 10 - PROFESSIONAL DESIGN AND FIELD REVIEW ....................16 PART 11 - RESPONSIBILITIES OF THE OWNER/AGENT ......................17 PART 12 - TEMPORARY PERMTS ................................................................ 18 12.1 Issuance of Permits ......................................................................... 18 12.2 Permit Applications....................................................................... 18 12.3 Extension of Permit ........................................................................ 18 12.4 Permit Fee...................................................................................... 19 12.5 Security Deposit............................................................................. 19 12.6 Security Deposit Refund ................................................................ 19 12.7 Default............................................................................................. 19 PART 13 - SWIMMING POOLS AND HOT TUBS ...................................... 19 PART 14 - SPRINKLERS ..................................................................................20 District of Sechelt Building Bylaw No. 409, 2003 CONSOLIDATION PART 15 - DEMOLITION PERMIT ............................................................... 21 PART 16 - MOVING BUILDINGS AND STRUCTURES ONTO A NEW FOUNDATION ...............................................22 PART 17 - INSPECTIONS.................................................................................24 PART 18 - OCCUPANCY PERMITS ...............................................................26 PART 19 - RETAINING STRUCTURES .........................................................26 PART 20 - ENERGYSTEPCODE. ................................................................... 27 PART 21 - PLUMBING SYSTEMS ................................................................. 27 PART 22 - CLIMATE DATA ............................................................................ 28 PART 23 - PENALTIES AND ENFORCEMENT.................................28 PART 24 - REPEAL.....................................................................29 PART 25 - VALIDITY..................................................................29 SCHEDULES Schedule B - Climatic Data .................................................................................. 32 Schedule C - Part 14 (1)(5) Map of Area Exempted from Sprinkler System Requirements..................................................................................33 Schedule D - Owners Undertaking .........................................................................34 Schedule E - Confirmation of Insurance by a Registered Professional ..................36 Schedule F - Reliance on Certification Notice .......................................................38 District of Sechelt Building Bylaw No. 409, 2003 CONSOLIDATION PART 1 - INTERPRETATION 1.2 DEFINITIONS In this bylaw: The following words and terms have the meanings set out in the definitions of the current edition of the British Columbia Building Code: assembly occupancy, auxiliary water supply, building, building area, building height, business and personal services occupancy, care or detention occupancy, constructor, coordinating registered professional, designer, field review, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, mercantile occupancy, medium hazard industrial occupancy, plumbing system, occupancy, owner or agent, registered professional, and residential occupancy. Agent means a person, representing the Owner or agent, by authorization in writing and includes a hired tradesman or contractor who may be granted permits for work within the limitations of their license. (Refer to Schedule "D") for form. Council means the Council of the District of Sechelt. Building Code means the current edition of the British Columbia Building Code as adopted by the Minister pursuant to the Building Act, as amended or re-enacted from time to time. Building Official includes Building Inspectors, Plan Checkers and Plumbing Inspectors employed and/or designated by the District of Sechelt. Complex Building means: (a) all buildings used for major occupancies classified as (i) assembly occupancies, (ii) care or detention occupancies, (iii) high hazard industrial occupancies, and (b) all buildings exceeding 600 square meters in building area or exceeding three storeys in building height used for major occupancies classified as (i) residential occupancies, (ii) business and personal services occupancies, (iii) mercantile occupancies, (iv) medium and low hazard industrial occupancies. Designated Buildings means those buildings in the following categories: (a) buildings containing more than two dwelling units; (b) buildings containing an assembly use component; (c) buildings containing a commercial use component (excluding Home Occupations); (d) buildings containing an industrial use component. Page 2 District of Sechelt Building Bylaw No. 409, 2003 Energy Step Code means the system of energy performance requirements set out in Division B, Parts 9 and 10 of the Building Code. Health and safety aspects of the work means design and construction regulated by Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22, 9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of the Building Code. Manufactured Home means a mobile home, labeled CSA Z240 MH Series and a modular home labeled CSA A277. Retaining Structure means a wall, or a series of walls constructed for the purpose of supporting or confining soils 1.2 meters or greater in height or less than two horizontals to one vertical setback ratio. Sprinkler System means a functional sprinkler system, including Standpipes, to the appropriate NFPA standard of the National Fire Protection Association Regulations as referenced in the Building Code. Standard building means a building of three storeys or less in building height, having a building area not exceeding 600 square meters 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 or water, but specifically excludes landscaping, flag poles, fences, patios, paving and retaining structures less than 1.2 meters in height. Swimming Pool means a structure located wholly or principally in the ground to be used or intended to be used for swimming, bathing, wading or diving and has a surface area exceeding 15 square metres and a depth exceeding 1.0 metres. Value of 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, the current monetary worth of all plans and specifications, labour and fees for design, testing, consulting, management, contractors' profit and overhead, and current monetary worth of all contributed labour and materials and site works, as confirmed by the building official using the Marshall Swift construction valuation system or other means acceptable to the building official. Page 3 District of Sechelt Building Bylaw No. 409, 2003 Zoning Bylaw means the current Zoning Bylaw of the District of Sechelt, as amended from time to time. 1.3 PURPOSE OF BYLAW 1.3.1 The bylaw, shall, notwithstanding any other provision herein, be interpreted in accordance with this section. 1.3.2 This bylaw has been enacted for the purpose of regulating construction within the District of Sechelt in the general public interest. The activities undertaken by or on behalf of the District of Sechelt 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: (1) to the protection of owner or agents, owner or agent/builders or constructors from economic loss; (2) to the assumption by the District of Sechelt or any building official of any responsibility for ensuring the compliance by any owner or agent, his or her representatives or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this bylaw or other applicable enactments codes or standards; (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 permit is issued under this bylaw; (4) to providing a warranty or assurance that construction undertaken pursuant to building permits issued by the District of Sechelt is free from latent, or any defects. 1.4. PERMIT CONDITIONS 1.4.1 A permit is required whenever work regulated under this bylaw is to be undertaken. 1.4.2 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 District of Sechelt shall in any way relieve the owner or agent or his or her representatives from full and sole responsibility to perform the work in strict accordance with this bylaw, the Building Code and or other applicable enactments, codes or standards. Page 4 District of Sechelt Building Bylaw No. 409, 2003 1.4.3 It shall be the full and sole responsibility of the owner or agent (and where the owner or agent is acting through a representative, the representative) to carry out the work in respect of which the permit was issued in compliance with the Building Code and this bylaw or other applicable enactments respecting safety. 1.4.4 Neither the issuance of a permit under this bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any inspections made by or on behalf of the District of Sechelt 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. 1.4.5 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 and his or her representatives are responsible for making such determination. 1.5 SCOPE AND EXEMPTIONS 1.5.1 Scope and Exemptions: (1) This bylaw applies to the design, construction and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation and occupancy of existing buildings and structures. (2) When the value of proposed alterations, renovations, repairs, or an addition to an existing building exceeds 50% of the current assessed value of that building, the entire building must be made to substantially conform to the Life/Safety requirements of the Building Code and the Bylaws of the District of Sechelt. 1.5.2 This bylaw does not apply to: (1) buildings or structures exempt by Division A, Part 1 of the Building Code except as expressly provided herein, (2) retaining structures less than 1.2 meters (4 ft) in height (3) fences (4) non-structural repairs to a building or the repair of a plumbing system (5) bridges, except pedestrian and vehicle bridges attached to buildings (6) docks or wharves (7) floating structures except where they are used for commercial or industrial occupancy use, on the condition that all floating structures must conform to the District of Sechelt's Zoning Bylaw with respect to height and siting. Page 5 District of Sechelt Building Bylaw No. 409, 2003 (8) deck additions, except a deck where the difference in elevation between the deck surface and the ground surface within 1.2 m of the deck at any point is 0.6 m (2 ft) or more and the condition that the deck is sited in accordance with the Zoning Bylaw, other bylaws or enactments. (9) Greenhouses or other similar structures covered by a polyethylene film and intended to be used only for storage purposes or the production of agricultural products; on the condition that the structure is sited, and the uses are in accordance with the Zoning Bylaw, other bylaws or enactments. 1.6 DISCLAIMER OF WARRANTY OR REPRESENTATION 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 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. Page 6 District of Sechelt Building Bylaw No. 409, 2003 PART 2 - PROHIBITIONS 2.1 No person shall commence or continue any construction, alteration, reconstruction, demolition, removal, relocation or change the occupancy of any building or structure, including excavation or other work related to construction unless a building official has issued a valid and subsisting permit for the work, or change of class of occupancy. 2.2 No person shall occupy or use any building or structure unless a valid and subsisting occupancy permit has been 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. 2.3 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. 2.4 No person shall, 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 a building or structure pursuant to this bylaw. 2.5 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 that variance has been accepted in writing by a building official. 2.6 No person shall obstruct the entry of a building official or other authorized official of the District of Sechelt on property in the administration of this bylaw. 2.7 No person shall repair a building or structure damaged to an extent greater than 75% of its value above its foundations as determined by the building official, unless in every respect the entire building or structure is made to comply with the Building Code subject to the requirements of this or other applicable bylaws. Page 7 District of Sechelt Building Bylaw No. 409, 2003 2.8 No person shall construct a concrete pad or foundation on which equipment, to be used for an industrial or commercial use, is to be mounted without first applying for and obtaining a building permit. 2.9 No person shall move a manufactured home unless a building official has issued a permit or authorized for the work as outlined in this Bylaw. 2.10 No person shall change the Class of Occupancy of an existing building unless a building official has issued a permit or authorization for the change as outlined in the Bylaw. PART 3 - BUILDING OFFICIALS 3.1 Each building official may: (1) administer this bylaw; (2) keep records of permit applications, permits, drawings, notices, and orders issued, inspections and tests made, and shall retain copies of all documents related to the administration of this bylaw or microfilm copies of such documents for a period of not less than thirty (30) years or such a period of time as required by provincial or federal enactments. (3) establish, if requested to do so, 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. (4) request any information not already provided for in the bylaw that may, in the opinion of the building official be applicable or necessary to accompany the information for a specific site, including a geotechnical report. 3.2 A building official: (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; (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 (3) shall carry proper credentials confirming his or her status as a building official. 3.3 A building official may: (1) order the correction of any work that is being or has been done in contravention of this bylaw; (2) order the immediate suspension of all work, or any portion of construction that is proceeding in contravention of this or any other bylaw of the District by posting a "stop work" order on the offending property; Page 7 District of Sechelt Building Bylaw No. 409, 2003 (3) direct that tests be conducted of materials, devices, construction methods, structural assemblies or foundation conditions, in accordance with standard test methods of recognized National testing authorities, or, direct that sufficient evidence or proof be submitted, at the expense of the owner, where such evidence or proof, is in the opinion of the Building Inspector, necessary to determine whether the material, device, construction, or foundation condition meets the requirements of this Bylaw; (4) revoke or refuse to issue a permit where in his opinion the results of tests referred to in 3.3 (3) are not satisfactory; (5) when not satisfied with any work in connection with the construction of a building, place upon the building a notice to the effect that the building shall not be occupied until the work has been completed in accordance with this Bylaw, and to the satisfaction of the Building Official. PART 4 - APPLICATIONS 4.1 Every person shall apply for and obtain: (1) a building permit before constructing, repairing or altering, moving or demolishing a building or structure; (2) a building permit prior to a change in class of occupancy of a building or part thereof; (3) a fireplace and chimney permit prior to the construction of a masonry fireplace or the installation of a wood burning appliance or chimney unless the works are encompassed by a valid building permit. (4) A plumbing permit before constructing, installing, moving, repairing, or altering a plumbing system, including a sprinkler system or exterior irrigation system backflow preventer or connection. 4.2 All applications for building permits covered under this bylaw shall be made in the form prescribed by the building official, signed by the owner or agent or a signing officer if the owner or agent is a corporation. 4.3 All plans submitted with permit applications shall bear the name, address and phone number of the designer of the building or structure. 4.4 Each building or structure to be constructed on a site requires a separate building permit and shall be assessed a separate building permit fee based on the value of building construction of that building or structure as determined in accordance with Schedule "G" of the Fess and Charges Bylaw No. 575, 2019. 4.5 An application for a building permit filed with the Building Official shall be accompanied by the appropriate application fee made payable to the District of Sechelt as set out in Schedule "A" to this bylaw. Page 9 District of Sechelt Building Bylaw No. 409, 2003 4.6 An application shall expire 6 months after a request for information has been sent by the building official to the owner or agent for which there has been no meaningful response received. An expired application cannot be renewed. PART 5 - APPLICATIONS FOR COMPLEX BUILDINGS 5.1 An application for a building permit with respect to a complex building shall; (1) Be made in the form prescribed by the building official, be signed by the owner or agent or a signing officer if the owner or agent is a corporation, and be accompanied by the owner or agent's acknowledgement of responsibility and undertakings made in the form attached as Schedule "D" to this bylaw, signed by the owner or agent, or a signing officer if the owner or agent is a corporation; (2) Include a copy of a title search made within 30 days of the date of the application; (3) Include a site plan prepared by a British Columbia Land Surveyor showing: a) the bearing and dimensions of the parcel taken from the registered subdivision plan; b) the legal description and civic address of the parcel; c) the location and dimensions of all statutory rights of way, easements and setback requirements; d) the location and dimensions of all existing and proposed buildings or structures on the parcel; e) setbacks to the natural boundary of any lake, swamp, pond or watercourse where the District of Sechelt's Zoning Bylaw establishes sitingrequirements related to flooding; f) 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 District of Sechelt's Zoning Bylaw establishes siting requirements related to minimum floor elevation; and g) the location, dimension and gradient of parking and driveway access; (4) 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. (5) Include four (4) sets of plans showing, but not limited to: a) an excavation and shoring plan showing the location, length and type of the shoring components whether temporary or permanent; the dimensions and uses of all areas; the dimensions and height of crawl and roof spaces; the Page 10 District of Sechelt Building Bylaw No. 409, 2003 location, size, fire resistance ratings and swing of doors; the location, size and opening of windows; floor, wall and ceiling assemblies, fire resistance ratings and finishes; plumbing system; mechanical ventilation systems; structural elements and stair dimensions. b) a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; c) elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; d) 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; (6) Where applicable be accompanied by confirmation of filing by an authorized person with the Vancouver Coastal Health Authority required information and documentation pursuant to the Sewerage System Regulation under the Health Act of British Columbia or a current and valid permit for the installation of a private sewage disposal systems issued by the Medical Health Officer having jurisdiction or his delegate pursuant to the Sewage Disposal Regulation under the Health Act of British Columbia or the Waste Management Act of British Columbia, or any other approvals or permits which might be required; (7) Include letters of assurance in the form of Schedule "A" as referred to in Division C, Part 2 of the Building Code, each signed by the owner or agent, or a signing officer of the owner or agent if the owner or agent is a corporation, and the coordination registered professional. (8) Include letters of assurance in the form of Schedule B as referred to in Division C, Part 2 of the Building Code, each signed by such registered professionals as the building official or Building Code may require to prepare the design for and conduct field reviews of the construction of the building or structure. (9) Include four (4) sets of drawings at a suitable scale of the design prepared by each registered professional and including the information set out in Part 9 of this bylaw. 5.2 In addition to the requirements of section 5.1, 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: (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 District of Sechelt's Subdivision & Development Control Bylaw. (2) A section through the site showing grades, buildings, structures, parking areas and driveways; Page 11 District of Sechelt Building Bylaw No. 409, 2003 (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. 5.3 For a complex building a building official may consider the following; (1) A building official may issue a foundation permit for a complex building prior to the issuance of the building permit, subject to the owner depositing securities with the District in the amount of 125% of the estimated cost of filling in the excavation it restore the original gradient of the site, should the permit expire, not be issued, or be revoked. (2) A building official may issue a building permit for a portion of a complex building or structure before the design, plans, and specifications for the entire building or structure have been accepted, provided that sufficient information had been provided to the District to demonstrate to the building official that the portion authorized to be constructed substantially complies with the Building Code, and with this and other applicable bylaws, and provided 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. (3) When a site has been excavated under a foundation permit issued pursuant to Section 5.3 (1) of this bylaw and a building permit is not subsequently issued or a subsisting building permit has expired or is revoked, the owner shall fill in the excavation to restore the original gradients of the site within sixty (60) days of being served notice by the District to do so. PART 6 - APPLICATIONS FOR STANDARD BUILDINGS 6.1 An application for a building permit with respect to a standard building shall: (1) Be made in the form prescribed by the building official, be signed by the owner or agent or a signing officer if the owner or agent is a company and be accompanied by the owner or agent's acknowledgment of responsibility and undertakings made in the form prescribed by the building official (Schedule "D" - Owner's Undertaking) signed by the owner or agent, or a signing officer if the owner is a corporation; (2) include a copy of a title search made within 30 days of the date of the application; (3) include a detailed site plan showing: a) the bearing and dimensions of the parcel taken from the registered subdivision plan; b) the legal description and civic address of the parcel; c) the location and dimensions of all statutory rights of way, easements and setback requirements; Page 12 District of Sechelt Building Bylaw No. 409, 2003 d) the location and dimensions of all existing and proposed buildings or structures on the parcel; e) setbacks from and elevations above the natural boundary of any lake, swamp, pond or watercourse where the District of Sechelt's Zoning Bylaw establishes siting requirements related to flooding; f) 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 District of Sechelt's Zoning Bylaw establishes siting requirements related to minimum floor elevation; g) the location, dimension and gradient of parking and driveway access and access to the garage if applicable; h) If the proposed building permit includes a retaining structure or an alteration of grade greater than two horizontals to one vertical, a lot grading plan may be required (4) include a professional geotechnical reports as referred to in Section 10.4.1 and/or in areas as identified as a Development Permit area in the District of Sechelt's Official Community Plan, as amended from time to time; Page 13 District of Sechelt Building Bylaw No. 409, 2003 (5) include floor plans showing the dimensions and uses of all areas: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures; structural elements; and stair dimensions. (6) include a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; (7) include elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; (8) include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the building or structure substantially conforms to the Building Code; (9) include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and confirmation of filing by an authorized person with the Vancouver Coastal Health Authority required information and documentation pursuant to the Sewerage System Regulation under the Health Act of British Columbia; (10) include a sealed foundation plan prepared by a registered professional in accordance with Part 4 of Division B of the building code, accompanied by letters of assurance in the form of Schedule B as referenced in Division C, Part 2 of the building code; 6.2 The requirements of section 6.1 (10) may be waived by a Building Official in circumstances where the Building Official has required a professional engineer's report pursuant to Part 3, Division 8 of the Community Charter and the building permit is issued in accordance with sections 56 (4) and (5) of the Community Charter. 6.3 The requirements of section 6.1.(10) may be waived by a Building Official if documentation, prepared and sealed by a registered professional, is provided assuring that the foundation design substantially complies with section 9.4.4 of Part 9 the Building Code and the foundation excavation substantially complies with section 9.12 of Part 9 of the Building Code. 6.4 In addition to the requirements of section 6.1, 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: (1) site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a registered Page 14 District of Sechelt Building Bylaw No. 409, 2003 professional, in accordance with the District of Sechelt's Subdivision Servicing Bylaw. (2) a section through the site showing grades, buildings, structures, parking areas and driveways; (3) a roof plan and roof height calculations; (4) architectural, building envelope, structural, electrical, mechanical or fire suppression drawings prepared and sealed by a registered professional; (5) a letter of assurance in the form Schedule A as referenced in Division C Part 2 of the Building Code, signed by the coordinating registered professional and the owner; (6) letters of assurance in the form of Schedule B as referenced in Division C Part 2 of the Building Code, signed by the registered professional; (7) 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. PART 7 - PROFESSIONAL PLAN CERTIFICATION 7.1 The letters of assurance in the form of Schedule B referred in section Division C, Part 2 of the Building Code and provided pursuant to sections 5.1 (6), 6.1 (10), 6.4 (6), and 10.1 of this bylaw are relied upon by the District of Sechelt and its building officials as certification that the design and plans to which the letters of assurance relate comply with the Building Code and other applicable enactments relating to safety. 7.2 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 section 6.4 (4) and letters of assurance pursuant to section 6.4 (5) of this bylaw shall be in the form prescribed by the building official. 7.3 A building permit issued in reliance upon letters of assurance referred to in section 7.1 of this bylaw shall include a notice to the owner or agent 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. PART 8 - FEES AND CHARGES 8.1 In addition to applicable fees and charges required under other bylaws, a permit fee, calculated in accordance with Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019, shall be paid in full prior issuance of any permit under this bylaw. Page 15 District of Sechelt Building Bylaw No. 409, 2003 8.2 When a building permit is issued in accordance with Part 7 of this bylaw the permit fee shall be reduced by 10% of the fees payable pursuant to Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019, up to a maximum reduction of $1000.00 (one thousand dollars). 8.3 An application made for a building permit shall be accompanied by the appropriate application fee as set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019. 8.4 The application fee is non-refundable and shall be credited against the building permit fee when the permit is issued. 8.5 An application shall be cancelled and the application fee forfeited if the building permit has not been issued and the permit fee paid within 90 days of the date of written notification to the owner or agent that the permit is ready to be issued. 8.6 When an application is cancelled the plans and related documents submitted with the application may be destroyed. 8.7 The owner or agent may obtain a refund of the permit fees set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019.when a permit is surrendered and cancelled before any construction begins, provided: (1) The refund amount shall be 50% of the total building permit fee as set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019 less the non-refundable application processing fee paid pursuant to section 8.4 of this bylaw; and (2) No refund shall be made where construction has begun, or an inspection has been made. 8.9 An owner or agent must submit a written request for a building permit fee refund and the building official must confirm that no construction has started prior to any refund. 8.10 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 set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019 shall be paid prior to additional inspections being performed. 8.11 For a required permit inspection requested to be done after the hours during which the offices of District of Sechelt are normally open, an inspection charge shall be payable by the owner, based on actual staff costs incurred by the District of Sechelt in making such inspection, including travel time, as set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575. 8.12 An inspection charge, as set out in Schedule "F" of the District of Sechelt Fees and Charges Bylaw No. 575, 2019 shall be payable in advance to obtain a report on the status of an existing building or structure for which a permit is sought under this bylaw. Page 14 District of Sechelt Building Bylaw No. 409, 2003 PART 9 - BUILDING PERMITS 9.1 A building official shall issue the permit for which the application is made when: (1) a completed application including all required supporting documentation has been submitted; (2) the proposed work set out in the application substantially conforms with the Building Code, this bylaw and all other applicable bylaws and enactments; (3) the owner or his or her agent has paid all applicable fees set out in Part 8 of this bylaw; (4) the owner or his or her agent has paid all charges and met all requirements imposed by any other enactment or bylaw; (5) no enactment, covenant, agreement, or regulation in favour or, or regulation of, the District of Sechelt authorizes the permit to be withheld; (6) the owner or agent has retained a professional engineer or geoscientist if required by the provisions of the Engineers and Geoscientists Act; (7) the owner or agent has retained an architect if required by the provisions of the Architects Act. 9.2 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 or agent provides evidence pursuant to Section 30 (1) of the Homeowner Protection Act that the proposed building: (1) is covered by home warranty insurance, and (2) the constructor is a licensed residential builder. 9.3 Section 9.2 of this bylaw does not apply if the owner or agent 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. 9.4 Every permit is issued upon the condition that the permit shall expire and the rights of the owner or agent under the permit shall terminate if: (1) the work authorized by the permit is not commenced within 6 months from the date of issuance of the permit; or (2) work is discontinued for a period of 12 months. Page 15 District of Sechelt Building Bylaw No. 409, 2003 9.5 A building official may extend the period of time set out under sections 9.4 (1) and 9.4 (2) where construction has not been commenced or where construction has been discontinued due to adverse weather, strikes, material or labour shortages, or similar hardship beyond the owner or agent's control. 9.6 Despite section 9.5, every building permit shall expire such that it is not valid and of no force and effect at the end of 24 months from the date of issue. 9.7 A temporary building permit shall expire at the end of 12 months from the date of issuance. 9.8 Subject to Section 9.5, where a building permit has expired and the building or structure has not received final inspection approval, a new building permit must be obtained prior to completing the construction for a maximum period of twelve (12) months. The owner or agent shall first pay to the District of Sechelt the appropriate fee set out in Schedule "A" attached to this Bylaw, based on the value of building construction left to complete. 9.9 A building permit may: Be extended for a period of twelve (12) months from the date of expiry of permit expiration if: a) Application for the extension is made within 30 days after the date of permit expiration; and b) A non-refundable fee set out in Schedule "A" attached to this bylaw has been paid, Except that: a) A temporary permit may be extended for a period of twelve (12) months b) A building permit to move a building or structure shall not be extended c) A permit to demolish a building or structure shall not be extended. 9.10 Building permits may only be extended a maximum of 2 times. 9.11 Where only one dwelling unit is permitted on a lot, the owner or agent may obtain a building permit to construct a second dwelling unit on the lot subject to the following conditions prior to permit issuance: (1) A refundable security deposit in accordance with Schedule "A" must be deposited with the District of Sechelt (2) A replacement dwelling covenant must be registered in the Land titles Office, stating the owner or agent's intention to demolish the first dwelling unit, or to Page 16 District of Sechelt Building Bylaw No. 409, 2003 convert it to a permitted use within 60 days of occupancy or permitting occupancy of the second dwelling unit (3) The refundable security deposit will be forfeited if any of the conditions of the covenant are defaulted upon (4) A building permit is required prior to starting construction on demolishing or converting the original existing dwelling unit to a use permitted by the District of Sechelt Zoning Bylaw. 9.12 A building permit shall be in form prescribed by the building official. PART 10 - PROFESSIONAL DESIGN AND FIELD REVIEW 10.1 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 a registered professional to provide design and plan certification and field review by means of letters of assurance in the form of Schedules B and C-B referred to in Division C, Part 2 of the Building Code. 10.2 Prior to the issuance of an occupancy permit for a complex building, or standard building in circumstances where letters of assurance have been required in accordance with provisions of this bylaw, the owner or agent shall provide the District of Sechelt with letters of assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in Division C, Part 2 of the Building Code. 10.3 When a registered professional provides letters of assurance in accordance with any provisions of this bylaw, he or she shall also provide proof of professional liability insurance to the building official in the form prescribed by the building official. 10.4 Despite the other provisions of this bylaw, the owner or agent must provide letters of assurance for professional design and a field review in the form of Schedules B referred to in Division C, Part 2 of the Building Code in respect of a building for: (1) Geotechnical components of all new standard buildings and additions to standard buildings greater than 55 m²; (592 sq. ft.) except auxiliary buildings of not more than one storey in building height and not more than 55 m² in building area, (2) The Building envelope components of all buildings under Part 3 of the Building Code, all residential buildings than contain more than two dwelling units, and all other buildings whose building envelopes do not comply with the prescriptive requirements of Part 9 of the Building Code; Page 17 District of Sechelt Building Bylaw No. 409, 2003 (3) A building on a parcel the building official believes 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, and the requirement for professional design and a field review is in addition to a requirement under Section 56 of the Community Charter for a report certified by a professional engineer with experience in geotechnical engineering that the parcel may be used safely for the use intended and that the plans submitted with the application comply with the relevant provisions of the Building Code and applicable bylaws of the District of Sechelt. PART 11 - RESPONSIBILITIES OF THE OWNER OR AGENT 11.1 The owner shall ensure that all construction complies with the Building Code, this bylaw and other applicable bylaws and enactments. 11.2 Every owner or agent to whom a permit is issued shall be responsible for the cost of repair of any damage to municipal works that occurs in the course of the work authorized by the permit. 11.3 Every owner or agent to whom a permit is issued shall, during construction: (1) post and maintain the permit in a conspicuous place on the property in respect of which the permit was issued; (2) keep a copy of the accepted designs, plans and specifications on the property; and (3) post the civic address on the property in a location visible from any adjoining streets. Page 18 District of Sechelt Building Bylaw No. 409, 2003 11.4 The owner or agent bears full responsibility for ensuring that buildings and structures are located in conformance with the Zoning Bylaw, or any other bylaw, enactment or encumbrances, such as but not limited to rights-of-way and easements. PART 12 - TEMPORARY BUILDINGS Issuance of Permit 12.1 Subject to the bylaws of the District of Sechelt and order by the Council, the building official may issue a temporary building permit for the erection or placement of a temporary building or travel trailer if: (1) The permit is for a period not exceeding 12 months; (2) The building is built to the requirements of the Building Code (where applicable); (3) The building is sited and the use is in accordance with the Zoning Bylaw. Permit Application 12.2 The application for a building permit for the erection or placement of a temporary building shall be made in the form prescribed by the Building Official, signed by the Owner or agent or a signing officer if the owner or agent is a corporation and accompanied by: (1) Plans and supporting documents showing the location of the building on the site; (2) Plans and supporting documents showing construction details of the building; (3) A statement by the Owner or agent indicating the intended use and duration of the use. Extension of Permit 12.3 The temporary building permit may be extended one time only for a period of not greater than 1 year from the date of expiry of the original building permit provided: (1) application for the extension is made within 30 days before the date of permit expiration; and (2) A non-refundable fee set out in Schedule "A" attached to this bylaw has been paid. Page 19 District of Sechelt Building Bylaw No. 409, 2003 Permit Fee 12.4 (1) Before receiving a building permit for a temporary building the Owner or agent shall first pay to the District of Sechelt the appropriate building permit fee set out in Schedule "A" attached to this bylaw; (2) A permit fee for a temporary building is not refundable. Security Deposit 12.5 The permit fee for a temporary building permit shall be accompanied by a security deposit in the amount set out in Schedule "A" attached to this bylaw to: (1) ensure that the building to be erected for a temporary period will be completely removed from the site at the expiration of the permit; and (2) ensure that the site be left in a safe, sanitary and undamaged condition at the expiration of the permit. Security Deposit Refund 12.6 Upon satisfactory completion of the requirements contained in section 12.5 above, the required security deposit shall be refunded. The security deposit will be applied first to any permit extension fees owing. Default 12.7 If default is made of any of the provisions contained in Part 12 of this bylaw, the security deposit shall be forfeited to the District of Sechelt. PART 13 - SWIMMING POOLS AND HOT TUBS Engineering Requirement 13.1 A registered professional shall undertake the design and conduct field reviews of the construction of any reinforced concrete Swimming Pool. Letters of assurance in the form of Schedules B and C-B referred to in Division C, Part 2 of the Building Code must be submitted. Fence and Self Closing Gate 13.2 A swimming pool shall be enclosed within a continuous non-climbable fence or other vertical barrier having a minimum height of 1.5m and have no openings greater than 100mm at their greatest dimension, shall be equipped with a self-closing gate or door, designed to return to a locked position when not in use and which can only be opened from the swimming pool side of the fence or be protected by an installed and lockable power safety cover approved by the Building Official. Page 20 District of Sechelt Building Bylaw No. 409, 2003 13.3 Every hot tub shall be enclosed in a building or surrounded by a fence and gate, as provided in section 13.2, or covered with a rigid, locked lid. 13.4 Every fence enclosing every private swimming pool or hot tub shall be adequately maintained in good order and repair by the owner or occupier of the real property, so as to perform its intended function. 13.5 Every gate which provides access to a private swimming pool or hot tub shall be kept in a locked closed position and shall be self-closing and only be open for the purpose of entry to or exit from the pool. Pool Apron 13.6 Access shall be provided around the perimeter of all swimming pools, including those within a building, by means of an apron or walkway not less than 750 mm in width and not more than 450 mm above or below the water level of the swimming pool. The walkway (apron) shall have no obstructions and be readily accessible to those using the swimming pool. 13.7 The above requirements shall not apply when the pool is under construction unless the Building Inspector deems it necessary. 13.8 No swimming pool or hot tub shall be partially or completely filled with water until the requirements of this Section have been inspected and accepted by the BuildingInspector. 13.9 The drainage from a pool, hot tub, or equipment that serves them must be connected to or directed to a Sanitary Drainage system or disposed of by other means acceptable to the Chief Building Official. PART 14 - SPRINKLERS 14.1 Throughout the District, a Sprinkler System shall be installed throughout the following buildings: (1) all new Designated Buildings (2) all buildings which are converted into Designated Buildings but only where the conversion involves an addition to the building and results in a net floor increase of 50% or more of the net floor area as it existed on January 1, 1994 Page 21 District of Sechelt Building Bylaw No. 409, 2003 (3) existing or converted buildings where additions to the building result in a net floor increase of more than 50% of the previous net floor area of the Designated Buildings (4) all existing Designated Buildings which are added to incrementally when such additions result in a net increase of 50% or more of the existing net floor area over the size of the existing building as it was on January 1, 1994 at the time of the first addition. (5) despite Section 14.1 (1), a Sprinkler System is not required under this bylaw in a building constructed within those utility corridor rights-of-way created by B.C. Hydro, Terasen Gas Ltd. and the Ministry of Transportation within that area of the District of Sechelt as shown outlined with a heavy black line on the plan attached to and forming part of this bylaw as Schedule "C". PART 15 - DEMOLITION PERMITS Issuance of Permits 15.1 A building permit to demolish a building shall: (1) Be valid for 12 months from the date of issuance; (2) Carry with it the obligation to remove from the site within the lifetime of the permit, all material resulting from or produced by the demolition and such other on site works of reclamation as may be specified in the permit; (3) Not be extended. 15.2 An application for a permit to demolish a building shall include a site plan showing the location of the building to be demolished which must be submitted to the Building Official prior to permit issuance. 15.3 The owner or agent is fully responsible for ensuring that he or she complies with the Waste Management Act and Contaminated Sites Regulation, other bylaws or enactments, ensures proper disconnection of all utilities before demolition, and is fully responsible to ensure that the site is left in a safe condition. 15.4 Prior to the issuance of a demolition permit for a building constructed prior to 1990, the owner must provide a Hazardous Materials Survey and, if required, an Asbestos Abatement Report stating that any Asbestos identified in the assessment has been removed and disposed of in accordance with applicable enactments and regulations. 15.5 Before receiving a demolition permit for a building the Owner or agent shall first pay the District of Sechelt the appropriate fee set out in Schedule "A" attached to this bylaw. Page 22 District of Sechelt Building Bylaw No. 409, 2003 PART 16 - MOVING BUILDINGS AND STRUCTURES ONTO A NEW FOUNDATION 16.1 Buildings may be moved into or within the District of Sechelt provided the following conditions are fulfilled: (1) A building permit to move the building onto a parcel of land or a new location on a parcel of land is obtained prior to any work proceeding; (2) An application for a building permit to move a building shall: (a) Be made in the form prescribed by the Building Official signed by the owner or agent, or a signing officer if the owner or agent is a corporation; (b) Include a copy of a title search made within 30 days of the date of application; (c) Include a site plan showing: i) the bearing and dimensions of the parcel taken from the registered subdivision plan; and the legal description and civic address of the parcel; ii) the location and dimensions of all statutory rights of way, easements and setback requirements; ii) the location and dimensions of all existing and proposed buildings or structures on the parcel; iv) setbacks to the natural boundary of any lake, swamp, pond or watercourse where the District of Sechelt Zoning Bylaw establish siting requirements related to flooding. (d) Include copies of approvals required under any enactments relating to health or safety; (e) Include a foundation design prepared by a registered professional in accordance with Part 4 of the Building Code, accompanied by letters of assurance in the form of Schedules B as referred to in Division C, Part 2 of the Building Code, signed by the registered professional; (f) When the building is intended to be used as a dwelling unit the applicant shall include a report prepared by a Professional Engineer stating the building intended to be used for habitation has been Page 23 District of Sechelt Building Bylaw No. 409, 2003 constructed to current Building Code requirements, including but not limited to structural, health and safety, thermal insulation and window requirements, or; (g) Include plans detailing any and all upgrading required to meeting the requirements of this Bylaw, the Plumbing Bylaw and any enactments after, the building is moved to a new site; (h) Include a written statement from the owner or agent declaring that the building will be upgraded to current Building Code and other required standards within 24 months from the date of permit issuance; (i) Be accompanied by confirmation of liability insurance including the District of Sechelt as an additional insured in the amount of $5,000,000 with a maximum deductible of $5000; (j) Be accompanied by a security bond as set out in Schedule "A" attached to this bylaw; (k) Any other information as required by the building official. 16.2 Prior to the move a qualified Appraiser shall submit a report stating the estimated value of the building after it is completed. 16.3 All moved buildings shall be of a value after completion equal to at least 85% of all other buildings within 500 metres of the site of the moved building. 16.4 The time and the route of the moving shall be approved by the Superintendent of Public Works in consultation with the RCMP and the Ministry of Transportation. 16.5 The requirements of section 16.1(2)(e) may be waived by a Building Official in the circumstances where the Building Official has required a professional engineer's report pursuant to section 699 (2) of the Local Government Act and the building permit is issued in accordance with sections 699 (5) and (6) of the Local Government Act. 16.6 The requirements of section 16.1(2)(e) may be waived by a Building Official if documentation, prepared and sealed by a registered professional, is provided assuring that the foundation design substantially complies with section 9.4.4 of the Building Code and the foundation excavation substantially complies with section 9.12 of the Building Code. 16.7 When an application is made to relocate a dwelling unit within the boundaries of the District of Sechelt and the dwelling unit has heritage significance as determined by the Building Official, some of the requirements of Sections 16.1(2)(f), 16.1(2)(g) and 16.1(2)(h) may be waived by the Building Official to maintain significant heritage features. Page 24 District of Sechelt Building Bylaw No. 409, 2003 16.8 Before receiving a building permit to move a building the Owner or agent shall first pay to the District of Sechelt the building permit fee set out in Schedule "A" attached to this bylaw. 16.9 Before receiving a building permit to move a building the Owner or agent shall first pay to the District of Sechelt a refundable security deposit in the amount set out in Schedule "A" attached to this bylaw. 16.10 The security deposit shall be forfeited to the District of Sechelt if any conditions of the building permit are defaulted on, or the building permit expires. 16.11 An application for a building permit to move a Manufactured Home must include proof of the appropriate CSA certificate and registration number, foundation details and method of anchorage. 16.12 The building permit to move a building is valid for a period of 24 months from the date of issuance and may not be extended; PART 17 - INSPECTIONS 17.1 When a registered professional provides letters of assurance in accordance with the provisions of this bylaw, the District of Sechelt will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this bylaw as assurance that the construction substantially conforms to the design and that the construction substantially complies with the Building Code, this bylaw and other applicable enactments respecting safety. 17.2 Notwithstanding section 17.1 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. 17.3 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 the those portions of the Building Code, this bylaw and any other applicable enactment concerning safety. 17.4 The owner or agent or his or her representative shall give at least 24 hours notice to the District of Sechelt when requesting an inspection and shall obtain an inspection and receive an building official's acceptance of the following aspects of the work: a) Siting inspection prior to pouring of footings and form work; Page 25 District of Sechelt Building Bylaw No. 409, 2003 b) Installation of perimeter drain tiles and damp-proofing, prior to backfilling; c) The preparation of ground, including ground cover, when required, prior to the placing of a concrete slab; d) Following the installation, repair or replacement of any part of a plumbing system, including the water service, while the system is under test but prior to concealment; e) Framing and sheathing complete, all exterior doors, windows, roof membrane are installed, including the installation of mechanical and electrical and fire suppression systems, and rough plumbing but before the insulation, lath or other interior finish is applied; f) Following the construction of any fireplace smoke chamber, and at such subsequent time as directed by the Building Official, but prior to the construction of any part of the chimney; g) The insulation and vapour barrier are in place, but prior to the concealing of such work; h) The stucco lath is complete including all flashing on residential buildings that contain no more than two dwelling units; i) The first coat of stucco prior to the start of the second coat; this includes installation of artificial rock facing; j) When the building is substantially complete and ready for occupancy, but before occupancy takes place of the whole or part of the building. 17.5 No aspect of the work referred in section 17.4 of this bylaw shall be concealed until a building official has accepted it in writing. 17.6 The requirements of section 17.3 and 17.4 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 Parts 1.5, 2, 3, 10 and 21 of this bylaw except that a siting inspection must be obtained prior to pouring any concrete and an occupancy inspection is required by the Building Official. Survey Certificate 17.7 Despite section 11.4 of this bylaw, the Building Official may require that the owner or agent provide a survey certificate of non-encroachment prepared by a British Columbia Land Surveyor showing the following: Page 26 District of Sechelt Building Bylaw No. 409, 2003 (1) The shortest distances from the outer surfaces of the foundation to the parcel lines; (2) An elevation of the top of the finished concrete wall or in the case of a building constructed on a concrete slab an elevation of the top of the concrete slab measured from the lowest of the average finished levels of ground adjoining each exterior face of a structure; (3) Location on all right-of-ways, easements, or other encumbrances; (4) Or other information as required by the building official. PART 18 - OCCUPANCY PERMITS 18.1 No person shall occupy a building or part of a building until an occupancy permit has been issued in the form prescribed by the Building Official. 18.2 An occupancy permit shall not be issued unless: (1) all letters of assurance have been submitted when required in accordance with the provisions of this bylaw. (2) all aspects of the work requiring inspection and acceptance pursuant to section 17.4 of this bylaw have both been inspected and accepted or the inspections and acceptance are not required in accordance with section 17.5 of this bylaw. (3) all applicable covenants have been duly executed and registered on title. 18.3 A building official may issue an occupancy permit for part of a building when the part of the building is self-contained, provided with essential services and the requirements set out in section 18.2 of this bylaw have been met with respect to it. 18.4 The Chief Building Official may revoke an Occupancy Permit, if it was determined that the Occupancy Permit was issued in error. Notice of Revocation shall be sent by registered mail to the building permit applicant and registered owner of the property. PART 19 - RETAINING STRUCTURES 19.1 A registered professional shall undertake the design and conduct field reviews of the construction or structural repair of any retaining structure greater than 1.2 meters in height or series of retaining structures where the cumulative height of the retaining structures is greater than 1.2 m and have a ratio of less than 2 horizontals to 1 vertical. Sealed copies of the design plan, letters of assurance in the form of Schedule B as referred to in Division C, Part 2 of the Building Code and field review reports prepared by the registered professional for all retaining structures greater than 1.2 meters in height shall be submitted to a building official prior to acceptance of the Page 27 District of Sechelt Building Bylaw No. 409, 2003 work by the building official. The registered professional shall ensure that any drainage changes resulting from the construction or structural repair shall not adversely impact adjacent and downstream properties or municipal infrastructure or right of ways. (1) Retaining Structures Associated with a Building Permit for a New Building Where retaining structures are associated with the construction of a building, a registered professional shall undertake the design and conduct field reviews of the construction or structural repair of any retaining structure greater than 1.2 meters in height or series of retaining structures where the cumulative height of the retaining structures is greater than 1.2 m and have a ratio of less than 2 horizontals to 1 vertical. Sealed copies of the design plan, letters of assurance in the form of Schedule B as referred to in Division C, Part 2 of the Building Code and field review reports prepared by the registered professional for all retaining structures greater than 1.2 meters in height shall be submitted to a building official prior to acceptance of the work by the building official. (2) Retaining Structures That are Not Associated with a Building Permit for a New Building A registered professional shall undertake the design and conduct field reviews of the construction or structural repair of any retaining structure greater than 1.2 meters in height or series of retaining structures where the cumulative height of the retaining structures is greater than 1.2 m and have a ratio of less than 2 horizontals to 1 vertical that are not associated with the construction of a building on the same parcel. Sealed copies of the design plan, a Retaining Wall Assurance Statement and field review reports prepared by the registered professional for all retaining structures greater than 1.2 meters in height shall be submitted to a building official prior to acceptance of the work by the building official. The registered professional shall ensure that any drainage changes resulting from the construction or structural repair of retaining structures shall not adversely impact adjacent and downstream properties or municipal infrastructure or right of ways. 19.2 Except as certified by a registered professional with expertise in geotechnical engineering, an excavation of or fill material placed on a parcel, unless restrained by permitted retaining structures, must not have a surface slope exceeding a ratio of one linear unit vertically to two linear units horizontally. The registered professional shall ensure that any drainage changes resulting from the excavation or fill shall not adversely impact adjacent and downstream properties or municipal infrastructure or right of ways. Page 28 District of Sechelt Building Bylaw No. 409, 2003 PART 20 - ENERGY STEP CODE 20.1 The District may reference and implement, in whole or in part, the British Columbia Energy Step Code in accordance with sections 19.2 and 19.3. 20.2 A building regulated by Part 3 of the Building Code and containing residential, business and personal services or mercantile occupancies, as defined in the Building Code, shall be designed and constructed to meet the minimum performance requirements specified in Step 1 of the Energy Step Code. 20.3 A building regulated by Part 9 of the Building Code and containing residential occupancies, as defined in the Building Code, shall be designed and constructed to meet the minimum performance requirements specified in Step 1 of the Energy Step Code. PART 21 - PLUMBING SYSTEMS 21.1 APPLICATION (1) A plumbing permit may only be issued to: (i) a plumber holding a valid Canadian tradespersons qualification as a plumber, or (ii) an owner and intended occupant of a Single-Family Dwelling without a Secondary Suite where the owner personally intends to install, alter, or repair a plumbing system, in which case, the building official may require the owner to demonstrate competency to perform the proposed work. (2) The British Columbia Building Code, in whatever form brought into force from time to time by the Province of British Columbia shall apply to all plumbing systems falling within the jurisdiction of these regulations. (3) The requirements of this Bylaw apply to all plumbing systems, including: (a) All plumbing system installations, alterations, or additions. (b) Plumbing systems in buildings moved into the District of Sechelt. (c) Plumbing systems in buildings raised or otherwise moved. (d) Building Sewer connections between a building and sewage disposal system or public sewer. (e) all fire sprinkler systems (f) all solar hot water systems (g) auxiliary water systems Page 29 District of Sechelt Building Bylaw No. 409, 2003 21.2 Auxiliary Water Systems are permitted subject to the approval of the Chief Building Official. 21.3 FEES Plumbing and Sprinkler permit fees shall be paid in accordance with the current District of Sechelt Fees and Charges Bylaw. PART 22 - CLIMATIC DATA 22.1 Climatic and Seismic Data shall be that which is stated in Division B, Appendix C of the Building Code. PART 23 - PENALTIES AND ENFORCEMENT 23.1 Every person Every person who contravenes any provision of this bylaw commits an offense punishable by the fine listed in Schedule A Designated Bylaw Contravention and Penalties of the Bylaw Notice Enforcement Implementation Bylaw No. 515, 2012. 23.2 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. 23.3 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 notice 23.4 The owner or agent of property on which a Stop Work notice 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 notice has been rescinded in writing by a building official. 23.5 Where a person occupies a building or part of a building in contravention of section 6.4 of this bylaw a building official may post a Do Not Occupy notice in the form prescribed by the Building Official on the affected part of the building. 23.6 The owner or agent of property on which a Do Not Occupy notice has been posted, and every person, shall cease occupancy of the building immediately and shall refrain from further occupancy until all applicable provisions of the building and this bylaw have been substantially complied with and the Do Not Occupy notice has been rescinded in writing by a building official. 23.7 Every person who commences work requiring a building permit without first obtaining such a permit shall pay an additional penalty fee as set out in Schedule "A" attached to this bylaw. Page 30 District of Sechelt Building Bylaw No. 409, 2003 23.8 Each day this bylaw is contravened constitutes a separate offence. PART 24 - REPEAL District of Sechelt Plumbing Bylaw No. 176, 1993, and all amendments thereto are hereby repealed. PART 25- VALIDITY If any section, subsection or clause of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. READ A FIRST TIME THIS 21st DAY OF April, 2021 READ A SECOND TIME THIS 21st DAY OF April, 2021 READ A THIRD TIME THIS 21st DAY OF April, 2021 ADOPTED THIS 19th DAY OF May, 2021 "D. Siegers" "J. Frank" Mayor Corporate Officer Page 31 District of Sechelt Building Bylaw No. 409, 2003 SCHEDULE C Page 32 District of Sechelt Building Bylaw No. 409, 2003 SCHEDULE D to Building Bylaw 409, 2003 Owner's Undertakings Regarding: (Property address) (Legal description) In consideration of the District of Sechelt accepting and processing the attached application for a building permit, and as required by the District of Sechelt Building Bylaw No. 409, 2003, the following representations, warranties and indemnities are given to the District of Sechelt: 1. I, am the Owner of the above property. (Print name) OR 2. I, (Owner, print name) hereby authorize: (Authorized Agent) (Address of authorized agent) to make application on my behalf for the permit at the above location and that: 2.1 I will comply with or cause those whom I employ to comply with the Building Code and all bylaws of the District of Sechelt and other statutes and regulations in force in the District of Sechelt relating to the development, work, undertaking or permission in respect of which this application is made. 2.2 I understand and acknowledge that I am fully responsible for carrying out the work, or having the work carried out in accordance with the requirements of the Building Code, the District of Sechelt's Building Bylaw, and all other bylaws of the District of Sechelt. 2.3 I understand and acknowledge that neither the issuance of a permit under this bylaw, the review of plans and supporting documents, nor inspections, made by Page 33 District of Sechelt Building Bylaw No. 409, 2003 the Building Official shall in any way constitute a representation, warranty or statement that the Building Code, the Building Bylaw or any other bylaw of the District of Sechelt has been complied with. 2.4 I confirm that I have relied only on the said Registered Professional for the adequacy of the plans and supporting documents submitted with this application. 2.5 I confirm that I have been advised in writing by the District of Sechelt that it relied exclusively on the Letter of Assurance of "Professional Design and Commitment for Field Review" prepared by in reviewing the plans and (Name of Registered Professional) supporting documents submitted with this application for a building permit. 2.6 I understand that where used herein the words "work" or "work or undertaking in respect of which this application is made" includes all electrical, plumbing, mechanical, gas and other works necessary to complete the contemplated construction. 2.7 I am authorized to give these representations, warranties, assurance and indemnities to the District of Sechelt. Owner Agent for the Owner (Print Name) (Print Name) (Print Address) (Print Address) (Signature) (Title) (Signature) If Owner is Company: Witness Information: Party(ies) Signature(s) (Print Name) (Full Company Name) (Address) (Full name of Signatory) (Occupation) Signature (Witness Signature) The above must be signed by the Owner and his appointed agent. The signature must be witnessed. If the Owner is a company, the authorized signatory(ies) must sign. Page 34 District of Sechelt Building Bylaw No. 409, 2003 SCHEDULE E to Building Bylaw No. 409. 2003 CONFIRMATION OF INSURANCE COVERAGE BY REGISTERED PROFESSIONAL Note 1. This letter must be submitted along with each Schedule A, B-1 and B-2 before issuance of a building permit. A separate letter must be submitted for each Registered Professional. 2. Only an original Schedule printed by the District of Sechelt or an unaltered photocopy of the Schedule is to be completed and submitted. District of Sechelt 5797 Cowrie Street, 2nd floor Box 129 Sechelt, BC V0N 3A0 Attention: Building Inspector Dear Sir: Re: Address of Project (Print) Legal Description of Property (Print) I hereby give assurance that (a) I have fulfilled my obligation for insurance coverage as outlined in the District of Sechelt Building Bylaw No. 409, 2003 Sec 15.3, (b) I have enclosed a copy of my certificate of insurance coverage indicating the particulars of such coverage. (c) I am a Register Professional as defined in the District of Sechelt Building Bylaw No. 409, 2003; and (d) I will notify the Building Inspector in writing immediately if the undersigned's insurance coverage is reduced or terminated at any time during construction. Page 35 District of Sechelt Building Bylaw No. 409, 2003 CONFIRMATION OF INSURANCE COVERAGE BY REGISTERED PROFESSIONAL Page 2 Name (Print) Signature Date Address (Print) Phone No. (Affix Professional Seal here) (if the Registered Professional is a member of a firm, complete the following) I am a member of the firm: And I sign and seal this letter on behalf of the firm. (Print name of firm) Note: The above letter must be signed by a Registered Professional. The District of Sechelt Building Bylaw No. 409, 2003 defines a "Registered Professional" to mean (a) a person who is registered or licensed to practice as a architect under the Architects Act, or (b) a person who is registered or licensed to practice as a professional engineer under the Engineers and Geoscientists Act. Page 36 District of Sechelt Building Bylaw No. 409, 2003 SCHEDULE F to Building Bylaw 409, 2003 RELIANCE ON CERTIFICATION NOTICE Permit No: To: Name (Owner) Company (if applicable) Mailing Address Re: Legal Description: (Lot #, Block #, DL #, Plan #) Pursuant to Section 290 of the Local Government Act and the District of Sechelt Building Bylaw No. 409, 2003, take notice that the District of Sechelt, in issuing the Building Permit cited herein, has relied upon the Letters of Assurance issued by Registered Professionals cited below that their components of the plans and supporting documents substantially comply with the Building Code and other applicable enactments respecting safety and the District of Sechelt will rely solely on the field reviews undertaken by these Registered Professionals as certification that the construction work complies with the Code, the District of Sechelt Bylaw and other applicable enactments respecting safety. (Registered Professional) Owner / Agent Date Building Official