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Sechelt Indian Government District
Bylaw No. 2017.09
Page 1
S
SECHELT INDIAN GOVERNMENT DISTRICT
(SIGD)
Building Bylaw No. 2017.09
Table of Contents
Building Bylaw No. 2017.09 .............................................................................................. 1
Table of Contents ............................................................................................................ 1
Part 1
- ADOPTION OF BUILDING CODE .................................................................. 5
1.1
Title ................................................................................................................. 5
1.2
Adoption of BC Building Code ........................................................................ 5
The British Columbia Building Code 2012, as amended or replaced from time to time, is
adopted as a law of the Sechelt Indian Government District. .......................................... 5
1.3
Definitions ....................................................................................................... 5
(i)
assembly occupancies, ................................................................................... 6
(i)
residential occupancies, ................................................................................. 6
(a)
residential occupancies, ................................................................................. 7
1.4
Purpose of Bylaw ............................................................................................ 7
1.5
Permit Conditions ........................................................................................... 8
1.6
Scope and Exemptions ................................................................................... 9
1.7
Disclaimer of Warranty or Representation ...................................................... 9
Part 2
- PROHIBITIONS ......................................................................................... 10
Part 3
- BUILDING OFFICIALS .............................................................................. 11
3.2 A Building Official: ........................................................................................ 11
Part 4
- APPLICATIONS......................................................................................... 11
Part 5
- APPLICATIONS FOR COMPLEX BUILDINGS .......................................... 12
Part 6
- APPLICATIONS FOR STANDARD BUILDINGS ....................................... 14
Part 7
- PROFESSIONAL PLAN CERTIFICATION ................................................ 16
Part 8
- FEES AND CHARGES .............................................................................. 16
Part 9
- BUILDING PERMITS ................................................................................. 17
Part 10
- PROFESSIONAL DESIGN AND FIELD REVIEW ...................................... 18
Part 11
- RESPONSIBILITIES OF THE OWNER ..................................................... 19
Part 12
- PERMITS FOR TEMPORARY BUILDINGS............................................... 20
12.1
Subject to the laws of the SIGD and orders by the SIGD Council, the Building
Official may issue a permit for the erection or placement of a temporary building or
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Bylaw No. 2017.09
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structure or travel trailer if; ............................................................................................. 20
Zoning Bylaw. ....................................................................................................... 20
12.2
The application for a building permit for the erection or placement of a
temporary building or structure shall be made in the form prescribed by the Building
Official, signed by the Owner, a signing officer if the owner is a corporation, or an Agent
of the owner who has been authorized in writing by the owner, and accompanied by: . 20
building or structure; and ...................................................................................... 20
12.3 ............................................................................................................................... 20
12.4
The building permit for a temporary building may be extended up to four times
for a maximum of five years in total provided that: ........................................................ 20
12.5
The permit fee for a temporary building shall be accompanied by a security
deposit in the amount set out in Schedule B to; ............................................................ 21
12.6
Upon satisfactory completion of the requirements contained in Section 12.5,
the required security deposit shall be refunded. ............................................................ 21
12.7
If default is made of any of the requirements contained in Section 12.5 or the
use of the temporary building continues after the expiration of the permit without the
permit having been extended and an extension fee paid, the security deposit shall be
forfeited to the SIGD, within 60 days of the default or permit expiration date. ............... 21
Part 13
- SWIMMING POOLS .................................................................................. 21
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 Part 2 of Division C of the
Building Code must be submitted. ................................................................................. 21
13.2
Access shall be provided around a minimum of 50% the perimeter of all
Swimming Pools, including those within a building, by means of an apron or walkway not
less than 762mm in width and not more than 450mm above the water level of the
Swimming Pool. The apron or walkway shall be designed such that there is a complete
view of the pool from any point on the apron or walkway. The walkway or apron shall
have no obstructions other than ladders, slides, diving boards or other such devices as
approved by the Building Official and the apron or walkway shall be readily accessible to
those using the Swimming Pool. ................................................................................... 21
13.3
The interior of every Swimming Pool must be constructed of, or painted with,
a material that is light in colour or have a filtering system that ensures absolute visual
clarity of the pool water at all times. ............................................................................... 21
13.4
A Swimming Pool shall be enclosed within a continuous non-climbable fence,
building or combination of both or other vertical barrier having a minimum height of 1.5m
and have no openings greater than 100mm at their greatest dimension, or have installed
a power safety cover approved by the Building Official. ................................................. 21
13.5
Access through a fence or other vertical barrier enclosing a Swimming Pool
shall be only through a self-closing gate or door designed so as to cause the gate or
door to return to a closed locked position when not in use and secured by: .................. 21
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Part 14
- DEMOLITION PERMITS ............................................................................ 22
Part 15
- MOVING BUILDINGS AND STRUCTURES ONTO A NEW FOUNDATION
22
Part 16
- INSPECTIONS .......................................................................................... 24
Part 17
- RETAINING STRUCTURES ...................................................................... 26
Part 18
- FIRE SPRINKLER SYSTEMS ................................................................... 26
Part 19
- CLIMATIC DATA ....................................................................................... 26
Part 20
- BUILDING SAFETY AND PROTECTION OF SIGD PROPERTY.............. 27
20.1
No person shall occupy a building pursuant to a lease, permit or other
agreement unless he or she fully complies with the terms and conditions thereof. ....... 27
20.2
No person having authority in the construction, reconstruction, demolition,
alteration, removal, relocation or occupancy of a building shall cause, allow or maintain
any unsafe condition. .................................................................................................... 27
20.3
No person shall excavate or undertake work on, over or under SIGD property
or erect or place any construction or work or store any materials thereon, without
approval having first been obtained from the Director of Public Works. ........................ 27
20.4
Every owner is responsible for the cost to repair any damage to SIGD
property or works that may occur as a result of undertaking work for which a permit was
required under this law. ................................................................................................. 27
20.5
Every owner shall maintain his or her building in a good tenantable state of
repair.
27
20.6
Every owner, when a building or part thereof is in an unsafe condition, shall
forthwith take all action necessary to put the building in a safe condition...................... 27
20.7
The Director of Public Works may issue an order to the Owner to correct an
unsafe condition observed in any building. .................................................................... 27
20.8
The Director of Public Works may issue an order to the Owner to repair his or
her building where the Director is not satisfied that the building is being kept in a good
and tenantable state of repair. ....................................................................................... 27
20.9
The Director of Public Works may order the removal of any unauthorized
encroachment on SIGD property. .................................................................................. 28
20.10
The District Council may order the removal of any building or part thereof
constructed in contravention of this Bylaw. ................................................................... 28
20.11
The Director of Public Works may, when in his or her opinion any building,
construction, excavation or part thereof is in an unsafe condition as a result of being
open or unguarded, or because of danger of fire or risk of accident, and when due
notice to correct such condition has not been complied with, make safe such condition
at the expense of the owner and the cost for so doing may be charged to the owner. .. 28
20.12
The Director of Public Works, at his or her discretion, when immediate
measures must be taken to correct an imminent danger of fire or risk of accident, may
take appropriate action, without notice and at the expense of the owner. ..................... 28
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20.13
Every construction site shall be maintained free of loose or blowing debris
and shall be subject to a continuous and effective program of dust control during the
various phases of construction. The Director of Public Works may require, as a
condition of issuance of the building permit, that security in a form acceptable to the
District Council and in an amount acceptable to the Director be provided to guarantee
compliance with this clause. In the event that conditions contained herein are violated,
the Director may draw upon the security for the purpose of effecting adequate
maintenance of the site. In the event the security is not sufficient to provide continuous
maintenance of dust and debris until construction is finalized, the District Council or its
appointed agents may enter onto the site and take whatever actions are required to
resolve the matter, and charge the cost directly to the owner. The costs incurred shall
be due and payable upon notice served by the District Council on the owner. ............. 28
20.14
An appeal against a decision of the Director of Public Works lies with the
District Council. ............................................................................................................. 28
20.15
An appeal against a decision of the Director of Public Works may be
submitted in writing to the District Council by any owner or agent who feels adversely
affected by a decision of the Director. ........................................................................... 28
20.16
The appellant shall file with the District Council a statement in such detail as
will enable the District Council to properly consider the appeal, setting out the nature
and subject matter of the appeal, the address of the building affected by the appeal, and
the sections of this law affected by the appeal. ............................................................. 28
20.17
An appeal to the District Council shall be heard at the next regular District
Council meeting at which the appellant may be present. .............................................. 28
20.18
The District Council may concur with, reverse or modify the decision and shall
render its decision within seven days. This decision shall be final. ............................... 29
Part 21
- PENALTIES AND ENFORCEMENT .......................................................... 29
Part 22
- MISCELLANEOUS .................................................................................... 30
22.2
Sechelt Indian Government District Building Law No. 3 is repealed. ............ 30
22.3
Schedules A, B, D, E, & F are attached hereto and form a part of this law. .. 30
SCHEDULE A APPLICATION PROCESSING FEE ...................................................... 31
SCHEDULE B BUILDING PERMIT FEES ..................................................................... 32
SCHEDULE C ............................................................................................................... 34
SCHEDULE D ............................................................................................................... 36
OWNERS RESPONSIBILITIES .................................................................................... 36
SCHEDULE E ............................................................................................................... 38
Sechelt Indian Government District
Bylaw No. 2017.09
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Sechelt Indian Government District
Building Bylaw No. 2017.09
WHEREAS the Sechelt Indian Band Council may under s. 14(1)(d) of the Sechelt Indian
Band Self-Government Act (Canada) make Bylaws in relation to the use, construction,
maintenance, repair and demolition of buildings and structures on Sechelt lands;
AND WHEREAS the Governor in Council has, pursuant to s. 21(2) of the Act, transferred
the powers of the Band Council under s. 14(1)(d) to the Sechelt Indian Government
District;
AND WHEREAS the Province of British Columbia has adopted the British Columbia
Building Code 2012 including Book I (General) and Book II (Plumbing Systems) pursuant
to the Building Act (British Columbia) as 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 application and administration
of the building code on Sechelt lands;
NOW THEREFORE the Council of the Sechelt Indian Government District, in open
meeting assembled, enacts as follows:
Part 1 - ADOPTION OF BUILDING CODE
1.1
Title
This law may be cited for all purposes as the "Sechelt Indian Government District
Building Bylaw No. 2017.09"
1.2
Adoption of BC Building Code
The British Columbia Building Code 2012, as amended or replaced from time to
time, is adopted as a law of the Sechelt Indian Government District.
1.3
Definitions
In this Bylaw:
The following words and terms have the meanings set out in Division A, Section
1.4 of the Building Code: assembly occupancy, building, building area,
building height, business and personal services occupancy, care
occupancy, constructor, coordinating registered professional, designer,
detention occupancy, field review, high hazard industrial occupancy,
industrial occupancy, low hazard industrial occupancy, major occupancy,
mercantile occupancy, medium hazard industrial occupancy, occupancy,
registered professional, and residential occupancy.
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Agent means a person, representing the Owner, by authorization in writing and
includes a hired tradesman or contractor who may be granted permits for work
within the limitations of his or her license.
Council means the Council of Sechelt Indian Government District.
Building Code means the building code adopted pursuant to Section 1.2 of this
Bylaw.
Building Official includes the Chief Building Inspector or his/her designate,
Building Inspectors, Plan Checkers and Compliance Officers employed by SIGD
or by a British Columbia local government with which SIGD has contracted for the
administration of this law and the Building Code.
Complex Building means:
(a)
all buildings used for major occupancies classified as
(i)
assembly occupancies,
(ii)
care occupancies or detention occupancies,
(iii)
high hazard industrial occupancies, and
(b)
all buildings exceeding 600 square meters in building area or exceeding
three stories 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.
Director of Public Works means the person appointed by the Council to the
position of Director of Public Works for the Sechelt Indian Government District.
Health and safety aspects of the work means design and construction regulated
by Part 3, Part 4, and Division B - Part 9 of the Building Code
Manager means the person appointed by the Council to the position of Manager
of the Sechelt Indian Government District.
Manufactured Home means a mobile home, labelled CSA Z240 MH Series or a
modular home labelled CSA A277.
Owner means any person, firm or corporation controlling the property under
construction during the period of application of Section 1.2.1.2. of the Building
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Code.
SIGD means the area subject to the jurisdiction of the Sechelt Indian Government
District established by the Sechelt Indian Band Self-Government Act (Canada),
comprising Lands 1 to 28, including 6A, 12A, 19A, 20A and 21A.
Standard building means a building of three stories 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 not exceeding 2.0 meters in height, patios, paving and retaining
structures less than 1.2 meters in height.
Swimming Pool means a structure located wholly or principally in the ground used
or intended to be used for swimming, bathing, wading or diving and having a
surface area exceeding 15 square metres or a depth exceeding 0.6 meters.
Temporary buildings means buildings intended to be used on a property for a
maximum period of five years or less that do not have a permanent foundation.
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, 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 material and site works, as determined by the Building
Official.
Zoning Bylaw means any Zoning Bylaw of the SIGD, as amended from time to
time.
1.4
Purpose of Bylaw
1.4.1 The Bylaw, shall, notwithstanding any other provision herein, be interpreted
in accordance with this section.
1.4.2 The administrative activities undertaken by or on behalf of the SIGD
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pursuant to this law in relation to the administration of the Building Code are
for the sole purpose of providing a limited and interim spot checking function
for reasons of health, safety and the protection of persons and property. It
is not contemplated nor intended, nor does the purpose of those activities
extend:
(1)
to the protection of owners, owner/builders or constructors from
economic loss;
(2)
to the assumption by the SIGD or any Building Official of any
responsibility for ensuring the compliance by any owner, his or her
Agent or any employees, constructors or designers retained by
him or her, with the Building Code, the requirements of this law 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 law; or
(4)
to providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the SIGD is free from latent,
or any, defects.
1.5
Permit Conditions
1.5.1 A permit is required whenever work regulated under this law is to be
undertaken.
1.5.2 Neither the issuance of a permit under this law nor the acceptance or review
of plans, drawings or supporting documents, nor any inspections made by
or on behalf of the SIGD shall in any way relieve the owner or his or her
Agent from full and sole responsibility to perform the work in strict
accordance with this law, the Building Code and or other applicable
enactments, codes or standards.
1.5.3 It shall be the full and sole responsibility of the owner (and where the owner
is acting through an Agent, the Agent) 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.
1.5.4 Neither the issuance of a permit under this law nor the acceptance or review
of plans, drawings or specifications or supporting documents, nor any
inspections made by or on behalf of the SIGD constitute in any way a
representation, warranty, assurance or statement that the Building Code,
this law or other applicable enactments respecting safety have been
complied with.
1.5.5 No person shall rely upon any permit as establishing compliance with this
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Bylaw or assume or conclude that this law has been administered or
enforced according to its terms. The person to whom the building permit is
issued and his or her Agent are responsible for making such determination.
1.6
Scope and Exemptions
1.6.1 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.
1.6.2 Parts 1 through 19, 21 and 22 of this law do not apply to:
(1)
buildings or structures exempt by Part 1 of the Building Code
except as expressly provided herein;
(2)
retaining structures less than 1.2 meters in height;
(3)
fences;
(4)
non-structural repairs or alterations to a building or structure or the
repair or replacement of plumbing works;
(5)
bridges, except pedestrian and vehicle bridges on private property
or;
(6)
docks or wharves;
(7)
floating structures except where they are used for commercial or
industrial occupancy use;
(8)
deck additions, except a deck where the difference in elevation
between the deck surface and the ground surface at any point is 0.6
meters or more; or
(9)
greenhouses or other similar structures not more than 50 square
meters in floor area, covered by a polyethylene film and intended to
be used only for the production of agricultural products.
1.6.3 Notwithstanding the exemptions of Section 1.5.2 all structures and
buildings must comply with the Zoning Bylaw and other applicable laws
and enactments.
1.7
Disclaimer of Warranty or Representation
Neither the issuance of a permit under this law, 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
this Bylaw have been complied with or the building or structure meets any
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Bylaw No. 2017.09
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standard of materials or workmanship, and no person shall rely on any of those
acts as establishing compliance with the Building Code or this law or any standard
of construction.
Part 2 - PROHIBITIONS
2.1
No person shall commence or continue any construction, alteration,
reconstruction, demolition, removal, relocation or change the class of occupancy
of any building or structure unless a Building Official has issued a permit or
authorization for the work pursuant to this Bylaw.
2.2
No person shall occupy or use any building or structure unless written
authorization has been given by the 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 SIGD on property in the administration of this law.
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
current Building Code and all applicable Bylaws.
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 or any other buildings or structure
unless a Building Official has issued a permit or authorized the work pursuant to
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 pursuant to
this Bylaw.
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Part 3 - BUILDING OFFICIALS
3.1
Each Building Official may:
(1)
administer this law;
(2)
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 law or microfilm copies of such documents; and
(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.
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 order the correction of any work that is being or has been
done in contravention of this Bylaw.
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; and
(2)
a building permit prior to a change in class of occupancy of a building or
part thereof.
4.2
An application for a building permit shall be made in the form prescribed by the
Manager, and signed by the owner or a signing officer if the owner is a corporation,
or an Agent of the owner who has been authorized in writing by the owner.
4.3
All plans submitted with permit applications shall bear the name and address 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
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building construction of that building or structure as determined in accordance
with Schedule B .
4.5
An application for a building permit filed with the Building Official shall be
accompanied by the applicable application processing fee as set out in Schedule
A.
4.6
An owner who proposes an alternate solution pursuant to the Building Code must
submit information required by the Building Official to confirm the acceptability of
the alternate solution, and pay the review fee set out in Schedule B.
Part 5 - APPLICATIONS FOR COMPLEX BUILDINGS
5.1
An application for a building permit with respect to a complex building shall;
(1)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Schedule D, signed by the
owner, 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 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 as determined by a British Columbia Land
Surveyor;
(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 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 Zoning Bylaw
establishes siting requirements related to minimum floor elevation;
and
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(g)
the location, dimension and gradient of parking and driveway access;
(4)
include 3 sets of plans showing:
(a)
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;
(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; and
(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;
(5)
where applicable, be accompanied by confirmation of filing by an authorized
person with the Vancouver Coastal Health Authority of information and
documentation required pursuant the Sewerage System Regulation under
the Public Health Act(British Columbia); or a current and valid permit for the
installation of a private sewage disposal system issued by the Medical
Health Officer having jurisdiction or his delegate pursuant to the Sewerage
System Regulation or the Waste Discharge Regulation under the
Environmental Management Act(British Columbia), or any other approvals
or permits which might be required;
(6)
include a letter of assurance in the form of Schedule A as referred to in Part
2 of Division C of the Building Code, signed by the owner, or a signing
officer of the owner if the owner is a corporation, and the coordinating
registered professional;
(7)
include letters of assurance in the form of Schedule B as referred to in Part
2 of Division C of the Building Code, each signed by such
registered professionals as the Building Official or Building Code may
require to prepare the design for and conduct field reviews of the
construction of the building or structure; and
(8)
include three sets of drawings at a suitable scale of the design prepared and
sealed by each registered professional and including the information set
out in Part 5 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:
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(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;
(2)
a section through the site showing grades, surface drainage, buildings,
structures, parking areas and driveways; and
(3)
any other information required by the Building Official or the Building
Code to establish substantial compliance with this law, the Building Code
and other laws and enactments relating to the building or structure.
Part 6 - APPLICATIONS FOR STANDARD BUILDINGS
6.1
An application for a building permit with respect to a standard building shall;
(1)
be accompanied by the owner's acknowledgement of responsibility and
undertakings made in the form attached as schedule D, signed by the
owner, 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 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 as determined by a British Columbia Land
Surveyor;
(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 Zoning Bylaw establishes siting
requirements related to flooding; and
(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 Zoning Bylaw
establishes siting requirements related to minimum floor elevation;
(4)
include three sets of floor plans showing:
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(a)
the dimensions and uses of all areas and floor areas of all stories:
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;
(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; and
(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;
(5)
include copies of approvals required under any enactment relating to health
or safety, including without limitation, highway access permits, and
confirmation of filing by an authorized person with the Vancouver Coastal
Health Authority of information and documentation required pursuant to the
Sewerage System Regulation under the Public Health Act (British
Columbia); and
(6)
include a sealed foundation design plan prepared by a registered
professional in accordance with section 4.2 of Part 4 of the Building Code,
accompanied by letters of assurance in the form of Schedule B as referred
to in Part 2 of Division C of the Building Code, signed by the registered
professional.
6.2
The requirements of section 6.1.(6) 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.
6.3
In addition to the requirements of section 6.1 and 6.2 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
professional, in accordance with all relevant Bylaws and enactments;
(2)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
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(3)
a roof plan and roof height calculations;
(4)
structural, electrical, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(5)
letters of assurance in the form of Schedule B as referred to in Part 2 of
Division C of the Building Code, signed by the registered professional;
and
(6)
any other information required by the Building Official or the Building
Code to establish substantial compliance with this law, the Building Code
and other laws 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 to in Part 2 of Division
C of the Building Code and provided pursuant to Part 5 and Part 6, of this law are
relied upon by the SIGD 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 in reliance upon letters of assurance referred to in Section
7.1 of this law shall include a notice to the owner in the form attached as Schedule
E 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 laws, a permit fee,
calculated in accordance with Schedule B, shall be paid in full prior to issuance of
any permit under this Bylaw.
8.2
When a building permit is issued in accordance with Section 7.2 of this Bylaw the
permit fee shall be reduced by 10% of the fees payable pursuant to Schedule B,
up to a maximum reduction of $2000.00 (two thousand dollars).
8.3
The application processing fee required by Section 4.5 is non-refundable and shall
be credited against the building permit fee when the permit is issued.
8.4
An application shall be cancelled and the application processing fee forfeited if the
building permit has not been issued and the permit fee paid within 180 days of the
date of permit application.
8.5
When an application is cancelled the plans and related documents submitted with
the application may be destroyed.
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8.6
No fee or part of a permit fee paid to the SIGD shall be refunded if a start has been
made on construction of the building or structure.
8.7
The building permit fee refund amount shall be 50% of the total building permit fee
less the non- refundable application processing fee.
8.8
An owner 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.
8.9
Where, due to non-compliance with this law, 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 B shall be paid
prior to additional inspections being performed.
8.10 A special inspection charge, as set out in Schedule B, shall be payable in advance
for a voluntary inspection to establish compliance of or to obtain a report on the
status of an existing building or structure for which a permit is sought under this
Bylaw.
8.11 The District Council may, by resolution, amend the fees set out in Schedules A
and B from time to time.
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 owner or his or her Agent has paid all applicable permit fees; and
(3)
the owner or his or her Agent has paid all charges and met all requirements
imposed by this law or any other applicable Bylaw or enactment.
9.2
Every permit is issued upon the condition that the permit shall expire and the rights
of the owner 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.
9.3
A Building Official may extend the period of time set out under section 9.2 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's control.
9.4
Despite section 9.3, every building permit shall expire such that it is not valid and
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of no force and effect at the end of 24 months from the date of issue.
9.5
A permit for a temporary building shall expire at the end of 12 months from the date
of issuance.
9.6
Subject to section 9.7, 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. The owner shall first pay to the
SIGD the applicable fee set out in Schedule B, based on the value of building
construction left to complete.
9.7
A building permit may:
(1)
be extended for a period of twenty-four (24) months from the date of expiry
of the original building permit if:
(a)
an application for the extension is made no later than 30 days after
the date of permit expiration; and
(b)
a non-refundable fee set out in Schedule B has been paid;
except that:
(c)
a permit for a temporary building may be extended for a period of 12
months only, and
(d)
a permit to demolish a building or structure shall not be extended.
9.8
Building permits may only be extended twice, except that permits for temporary
buildings may be extended up to four times for a maximum period of 60 months in
total.
9.9
A Building Official may issue a building permit for a portion of a building or
structure before the design, plans and specifications for the entire building or
structure have been accepted, provided sufficient information has been provided
to the SIGD 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.
9.10 A building permit shall be in the form prescribed by the Manager.
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 that
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a registered professional provide design and plan certification and field review
by means of letters of assurance in the form of Schedule B and C-B referred to in
Part 2 of Division C 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 shall provide the SIGD with
letters of assurance in the form of Schedules C-A or C-B, as is applicable, referred
to in Part 2 of Division C 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 of Schedule C.
10.4 Despite the other provisions of this Bylaw, the owner must provide professional
design and a field review in respect of a building for:
(1)
geotechnical components of all new standard buildings containing a
dwelling unit or commercial use and additions to standard buildings
greater than 90 sq. m2 which contain a dwelling unit or commercial use;
(2)
the Building envelope components of all buildings under Part 3 of the
Building Code, all residential buildings that 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;
and
(3)
a building or structure 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.
Part 11 - RESPONSIBILITIES OF THE OWNER
11.1 The owner shall ensure that all construction complies with the Building Code, this
law or any other Bylaw or enactments.
11.2 Every owner to whom a permit is issued shall, during construction:
(1)
post and maintain the permit placard 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.
11.3 The owner bears full responsibility for ensuring that buildings and structures are
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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.
11.4 It is the owner's responsibility to ensure acceptable access to all buildings for
firefighting purposes.
Part 12 - PERMITS FOR TEMPORARY BUILDINGS
12.1 Subject to the laws of the SIGD and orders by the SIGD Council, the Building
Official may issue a permit for the erection or placement of a temporary building
or structure or travel trailer if;
(1)
the permit is for a period not exceeding 12 months;
(2)
the building or structure is built to the requirements of the Building Code
(where applicable); and
(3)
the building or structure is sited and the use is in accordance with the
Zoning Bylaw.
12.2 The application for a building permit for the erection or placement of a temporary
building or structure shall be made in the form prescribed by the Building
Official, signed by the Owner, a signing officer if the owner is a corporation, or an
Agent of the owner who has been authorized in writing by the owner, and
accompanied by:
(1)
plans and supporting documents showing the location of the building or
structure on the site;
(2)
plans and supporting documents showing construction details of the
building or structure; and
(3)
a statement by the Owner indicating the intended use and duration of the
use.
12.3
(1)
Before receiving a building permit for a temporary building or structure,
the Owner shall first pay to the SIGD the applicable building permit fee
set out in Schedule B.
(2)
A permit fee for a temporary building or structure is not refundable.
12.4 The building permit for a temporary building may be extended up to four times for
a maximum of five years in total provided that:
(1)
application for the extension is made at least 30 days before the date of
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permit expiration; and
(2)
a non-refundable fee set out in Schedule B has been paid for each
extension.
12.5 The permit fee for a temporary building shall be accompanied by a security
deposit in the amount set out in Schedule B 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 and sanitary condition at the expiration
of the permit.
12.6 Upon satisfactory completion of the requirements contained in Section 12.5, the
required security deposit shall be refunded.
12.7 If default is made of any of the requirements contained in Section 12.5 or the use
of the temporary building continues after the expiration of the permit without the
permit having been extended and an extension fee paid, the security deposit shall
be forfeited to the SIGD, within 60 days of the default or permit expiration date.
Part 13 - SWIMMING POOLS
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 Part 2 of Division C of
the Building Code must be submitted.
13.2 Access shall be provided around a minimum of 50% the perimeter of all Swimming
Pools, including those within a building, by means of an apron or walkway not less
than 762mm in width and not more than 450mm above the water level of the
Swimming Pool. The apron or walkway shall be designed such that there is a
complete view of the pool from any point on the apron or walkway. The walkway or
apron shall have no obstructions other than ladders, slides, diving boards or other
such devices as approved by the Building Official and the apron or walkway shall
be readily accessible to those using the Swimming Pool.
13.3 The interior of every Swimming Pool must be constructed of, or painted with, a
material that is light in colour or have a filtering system that ensures absolute visual
clarity of the pool water at all times.
13.4 A Swimming Pool shall be enclosed within a continuous non-climbable fence,
building or combination of both or other vertical barrier having a minimum height of
1.5m and have no openings greater than 100mm at their greatest dimension, or
have installed a power safety cover approved by the Building Official.
13.5 Access through a fence or other vertical barrier enclosing a Swimming Pool shall
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be only through a self-closing gate or door designed so as to cause the gate or
door to return to a closed locked position when not in use and secured by:
(a)
a spring lock located not less than 1.5 meters above grade, or,
(b)
a door where a building encloses some or all of the pool provided such door
meets the requirements of this Bylaw with regard to a self- closure and a
locking mechanism or latch 1.5m above interior floor level.
The owner and the occupier of the parcel on which the pool is located are
responsible for ensuring that the fence or building, or both, that enclose the pool is
maintained in good order and repair so that at all times the fence, building or both,
comply fully with this Bylaw.
Part 14 - DEMOLITION PERMITS
14.1 A building permit to demolish a building or structure 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 term 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,
including if specified by the Building Official the obligation to dispose of
any contaminated waste in accordance with applicable laws; and
(3)
not be extended.
14.2 An application for a permit to demolish a building or structure shall include a site
plan showing the location of the building or structure to be demolished.
14.3 The owner is fully responsible for ensuring that he or she complies with the
Environmental Management Act (British Columbia) and Contaminated Sites
Regulation, and all other laws or enactments.
14.4 Before receiving a demolition permit for a building or structure the Owner shall
first pay the SIGD the applicable fee set out in Schedule B.
Part 15 - MOVING BUILDINGS AND STRUCTURES ONTO A NEW FOUNDATION
15.1 Buildings may be moved into or within the SIGD provided the following conditions
are fulfilled:
(1)
A building permit to move the building or structure onto a parcel of land
or a new location on a parcel of land is obtained prior to any work
proceeding.
(2)
A moved building when placed on the property to which it is being moved
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must comply with all Zoning Bylaw requirements.
(3)
The building permit to move a building or structure is valid for a period of
24 months from the date of issuance.
(4)
An application for a building permit to move a building or structure shall:
(a)
be made in the form prescribed by the Building Official signed by
the owner, a signing officer if the owner is a corporation, or an Agent
of the owner who has been authorized in writing by the owner;
(b)
include a copy of a title search made within 30 days of the date of the
application;
(c)
include a site plan for the parcel to or on which the building is to be
moved, 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;
(iii)
the location and dimensions of all existing and proposed
buildings
or structures on the parcel; and
(iv)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Zoning Bylaw establishes siting
requirements related to flooding;
(d)
include copies of approvals required under any enactment relating to
health or safety.
(e)
include a foundation design prepared by a registered professional
in accordance with section 4.2 of Part 4 of the Building Code,
accompanied by letters of assurance in the form of Schedule B as
referred to in Part 2 of Division C of the Building Code, signed by
the registered professional;
(f)
include a professional engineer's report, assessing the structural
components of the building to be moved and addressing with
proposed designs and specifications the life safety aspects of the
building specified by the Building Official that must be brought up to
current Building Code standards;
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(g)
include plans detailing any and all upgrading required to meet the
requirements of this Law and other applicable Laws and enactments
after the building is moved; and
(h)
include any other information as required by the Building Official.
15.2 The requirements of Section 15.1.(4)(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 Part
9 of the Building Code and the foundation excavation substantially complies with
section 9.12 of Part 9 of the Building Code.
15.3 Before receiving a building permit to move a building or structure the Owner shall
first pay to the SIGD the building permit fee set out in Schedule B.
15.4 Before receiving a building permit to move a building or structure the Owner
shall first pay to the SIGD a refundable security deposit in the amount set out in
Schedule B.
15.5 The security deposit shall be forfeited to the SIGD if any conditions of the building
permit are defaulted on, or the building permit expires.
15.6 An application for a building permit to move a Manufactured Home must include
proof of the appropriate CSA certification and registration number, foundation
details and method of anchorage.
Part 16 - INSPECTIONS
16.1 When a registered professional provides letters of assurance in accordance with
this law, the SIGD will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this law 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.
16.2 Notwithstanding section 16.1, 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.
16.3 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
applicable portions of the Building Code, this Bylaw and any other applicable
enactment concerning safety.
16.4 The owner or his or her Agent shall give at least 24 hours' notice to the SIGD when
requesting an inspection and shall obtain an inspection and receive a Building
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Official's acceptance of the following aspects of the work prior to concealing it:
(a)
forms for the footings and foundation are complete, but prior to placing of
concrete;
(b)
after the removal of form work from a concrete foundation and the
installation of sub-soil drainage, storm water drainage and "damp proofing"
but prior to back filling against the foundation;
(c)
framing and sheathing complete, all exterior doors, windows, roof
membrane are installed, including the installation of flashing, fire stopping,
bracing, chimney and rough plumbing but before the insulation, lath or other
interior finish is applied;
(d)
the insulation and the vapour barrier are in place, but prior to the concealing
of such work;
(e)
the building has been completed and is ready for occupancy, but prior to
actual occupancy.
16.5 No aspect of the work referred in Section 16.4 shall be concealed until a Building
Official has accepted it in writing.
16.6 The requirements of Sections 16.3 and 16.4 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 5, 6, 7, 15 or 17 of this law, except that a siting inspection
must be obtained prior to pouring any concrete and an occupancy inspection by
the Building Official is required in all cases.
16.7 (1) No person shall occupy a building or structure or part of a building or
structure until the Building Official has given written authorization.
(2)
Authorization to occupy shall not be issued unless:
(a)
all letters of assurance have been submitted when required in
accordance with this Bylaw;
(b)
all aspects of the work requiring inspection and acceptance pursuant
to Section 16.4 of this Bylaw have been both inspected and accepted
or the inspections and acceptance are not required in accordance
with Section
16.6 of this law; and
(c)
the exterior of a dwelling unit is completed or a refundable security
deposit in accordance with Schedule B has been deposited with the
SIGD.
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16.8 Despite Section 11.3, the Building Official may require that the owner provide a
survey certificate of non-encroachment prepared by a British Columbia Land
Surveyor showing the following:
(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 or structure 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 of all right-of-ways, easements of other encumbrances; and
(4)
other information as required by the Building Official.
Part 17 - RETAINING STRUCTURES
17.1 A registered professional shall undertake the design and conduct field reviews
of the construction of a retaining structure greater than 1.2 meters in height. Letters
of assurance in the form of Schedules B and C B referred to in Part 2 of Division C
of the Building Code must be submitted along with the sealed copies of the design
plans prepared by the registered professional.
Part 18 - FIRE SPRINKLER SYSTEMS
18.1 In this Part, "designated building" means a building containing one or more
dwelling units, a building containing or intended to contain an assembly
occupancy, a building containing or intended to contain a commercial
occupancy other than a home occupation, or a building containing or intended to
contain an industrial occupancy.
18.2 A fire sprinkler system complying with the NFPA13 standard for the relevant
building type shall be installed throughout new designated buildings, and existing
designated buildings that are altered by increasing the net floor area of the
building that was in existence on December 20, 1997 by any amount of additional
floor area.
18.3 The owner must keep any fire sprinkler system installed in accordance with this
law in operational condition at all times.
18.4 An applicant for a permit to install a fire sprinkler system must submit a design
stamped by a qualified professional and pay the fee prescribed in Schedule B.
Part 19 - CLIMATIC DATA
19.1 Climatic data for the design of buildings in the SIGD shall be:
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DESIGN ELEMENT
VALUE
January 2½ % design dry bulb temperature
-7 °C
January
1 % design dry bulb temperature
- 9 °C
July
2½ % design dry bulb temperature
25 °C
July
2½ % design wet bulb temperature
19 °C
Annual total degree-days below 18 ºC
3,100
Maximum fifteen minute rainfall
6 mm
Maximum one day rainfall
63 mm
Annual total rainfall
1050 mm
Moisture Index
1.18
Annual total precipitation
1,100 mm
Driving rain wind pressure, PA 1/5
160
Ground snow load, snow component S (s)
2.1 kPa
Ground snow load, rain component S ®
0.4 kPa
Hourly wind pressure, 1/10
0.36 kPa
Hourly wind pressure, 1/50
0.53 kPa
Seismic Hazard (FOR ALL AREAS)
Sa(0.2)=0.850, Sa(0.5)=0.599, Sa(1.0)=0.321, Sa(2.0)+0.168, PGA=0.411
Part 20 - BUILDING SAFETY AND PROTECTION OF SIGD PROPERTY
20.1 No person shall occupy a building pursuant to a lease, permit or other agreement
unless he or she fully complies with the terms and conditions thereof.
20.2 No person having authority in the construction, reconstruction, demolition,
alteration, removal, relocation or occupancy of a building shall cause, allow or
maintain any unsafe condition.
20.3 No person shall excavate or undertake work on, over or under SIGD property or
erect or place any construction or work or store any materials thereon, without
approval having first been obtained from the Director of Public Works.
20.4 Every owner is responsible for the cost to repair any damage to SIGD property or
works that may occur as a result of undertaking work for which a permit was
required under this Bylaw.
20.5 Every owner shall maintain his or her building in a good tenantable state of repair.
20.6 Every owner, when a building or part thereof is in an unsafe condition, shall
forthwith take all action necessary to put the building in a safe condition.
20.7 The Director of Public Works may issue an order to the Owner to correct an
unsafe condition observed in any building.
20.8 The Director of Public Works may issue an order to the Owner to repair his or
her building where the Director is not satisfied that the building is being kept in a
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good and tenantable state of repair.
20.9 The Director of Public Works may order the removal of any unauthorized
encroachment on SIGD property.
20.10 The District Council may order the removal of any building or part thereof
constructed in contravention of this law.
20.11 The Director of Public Works may, when in his or her opinion any building,
construction, excavation or part thereof is in an unsafe condition as a result of
being open or unguarded, or because of danger of fire or risk of accident, and
when due notice to correct such condition has not been complied with, make safe
such condition at the expense of the owner and the cost for so doing may be
charged to the owner.
20.12 The Director of Public Works, at his or her discretion, when immediate measures
must be taken to correct an imminent danger of fire or risk of accident, may take
appropriate action, without notice and at the expense of the owner.
20.13 Every construction site shall be maintained free of loose or blowing debris and
shall be subject to a continuous and effective program of dust control during the
various phases of construction. The Director of Public Works may require, as a
condition of issuance of the building permit, that security in a form acceptable to
the District Council and in an amount acceptable to the Director be provided to
guarantee compliance with this clause. In the event that conditions contained
herein are violated, the Director may draw upon the security for the purpose of
effecting adequate maintenance of the site. In the event the security is not
sufficient to provide continuous maintenance of dust and debris until construction
is finalized, the District Council or its appointed agents may enter onto the site
and take whatever actions are required to resolve the matter, and charge the cost
directly to the owner. The costs incurred shall be due and payable upon notice
served by the District Council on the owner.
20.14 An appeal against a decision of the Director of Public Works lies with the District
Council.
20.15 An appeal against a decision of the Director of Public Works may be submitted
in writing to the District Council by any owner or agent who feels adversely
affected by a decision of the Director.
20.16 The appellant shall file with the District Council a statement in such detail as will
enable the District Council to properly consider the appeal, setting out the nature
and subject matter of the appeal, the address of the building affected by the appeal,
and the sections of this law affected by the appeal.
20.17 An appeal to the District Council shall be heard at the next regular District
Council meeting at which the appellant may be present.
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20.18 The District Council may concur with, reverse or modify the decision and shall
render its decision within seven days. This decision shall be final.
Part 21 - PENALTIES AND ENFORCEMENT
21.1 Every person who contravenes any provision of this law commits an offence
punishable on summary conviction and shall be liable to a fine of not more than
$10,000.00 (Ten Thousand Dollars) or to imprisonment for not more than six
months.
21.2 Every person who fails to comply with any order or notice issued by a Building
Official or the Director of Public Works, or who allows a violation of this law to
continue, contravenes this Bylaw.
21.3 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 notice.
21.4 The owner 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 law have been substantially complied
with and the Stop Work notice has been rescinded in writing by a Building Official.
21.5 Every person who commences work requiring a building permit without first
obtaining such a permit shall pay an additional fee as set out in Schedule B
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Sechelt Indian Government District Building Bylaw No. 2017.09
SCHEDULE A
APPLICATION PROCESSING FEE
A.1.(1) The non-refundable application processing fee for a permit to construct:
(a) any works requiring a permit under this Bylaw with a value of building
construction as determined by the Building Official,
of $30,000 or less
$ 80.00
(b) any works requiring a permit under this law with a value of building
construction as determined by the Building Official,
of $30,000 to $200,000
$300.00
(c) any works requiring a permit under this Bylaw with a value of building
construction as determined by the Building Official,
of more than $200,000
$750.00
A.1.(2) Notwithstanding the conditions set out in A.1.1 the non-refundable application
processing fee for a permit application to construct multi-family residential,
industrial, commercial, office buildings, assembly and institutional buildings shall
be 25% of the estimated total permit fee required pursuant to Schedule B.
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Sechelt Indian Government District Building Bylaw No. 2017.09
SCHEDULE B
BUILDING PERMIT FEES
B.1.(1) a)
For standard buildings except those referenced in B.1.(1)(b)
VALUE OF BUILDING CONSTRUCTION
FEE
$0.00 to $1,000.00
$85.00
$1,001.00 to $10,000.00
$85.00 plus $12.00 per
$1,000.00 or part
thereof exceeding the
first $1,000.00
$10,001.00 to $50,000.00
$193.00 plus $7.50 per
$1,000.00 or part
thereof exceeding the
first $10,000.00
$50,001.00 to $3,000,000.00
$493.00 plus $9.00 per
$1,000.00 or part
thereof exceeding the
first $50,000.00
$3,000,001.00 to $10,000,000.00
$27,043 plus $5.50 per
$1,000.00 or part
thereof exceeding the
first $3,000,000.00
B.1.(1) b)
$10,000,001.00 and greater
$65,543 plus $5.50 per
$1,000.00 or part
thereof exceeding the
first $10,000,000.00
For Multi Family Residential, Industrial, Commercial,
Office Buildings, Assembly and Institutional Buildings
add to fees in B.1.(1)a)
$3.25 per $1,000.00
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B.1.(2)
Chimney / Wood Burning Appliance Permit Fees
$50.00
B.1.(3)
Subsoil drainage installation for standard buildings
$60.00
B.1.(4)
Building Design Modification Administration Fee -
Plan review rate per hour
$70.00
B.1.(5)
Extension of a building permit when required:
original permit value of less than $30,000
$50.00
original permit value of $30,000 or more and
less than $200,000
$150.00
original permit value of $200,000 or more
$250.00
B.1.(6)
Building Permit Fee for a temporary building
$150.00
B.1.(7)
Extension fee for a building permit for a
temporary building
$150.00
B.1.(8)
Demolition Permit Fee
$150.00
B.1.(9) a
Security deposit for a building permit for a
temporary building or structure
$500.00
B.1.(9) b
Security deposit for a building permit for a moved in
structure
$8000.00
B.1.(9) c
Security deposit to complete the exterior of a
dwelling unit after occupying the building
$2000.00
B.1.(10)
Additional Fee - The building permit fee shall be
increased by 100% of the calculated permit fee for
every permit application where construction has
commenced before the Building Official issues a
permit or has approved a permit upgrade.
B.1.(11)
For each special voluntary inspection during
normal working hours (non-refundable)
$150.00
B.1.(12)
Fire sprinkler system permit
$100.00
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Sechelt Indian Government District Building Bylaw No. 2017.09
SCHEDULE C
CONFIRMATION OF INSURANCE COVERAGE BY
REGISTERED PROFESSIONAL
This letter must be submitted along with each Schedule A or B before issuance of a building
permit. A separate letter must be submitted for each Registered Professional.
Only an original Schedule printed by the SIGD or an unaltered photocopy of this Schedule is
to be completed and submitted
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Sechelt Indian Government District
Dear Sir:
5555 Sunshine Coast highway
Sechelt BC., V0N 3A0
Attention: Chief Building Inspector
RE:
Address of Project
Legal Description of
Project I hereby give assurance that:
I have fulfilled my obligation for insurance coverage as outlined in Sechelt Indian
Government District Building Bylaw No.2017.09
I have enclosed a copy of my certificate of insurance coverage indicating the
particulars of such coverage.
I am a Registered Professional as defined in Sechelt Indian Government District
Building Bylaw No. 2017.09
I will notify the Building Official in writing immediately if the undersigned's
insurance coverage is reduced or terminated at any time during construction.
Name (Print)
Signed
Date
Address (Print)
Phone
(Affix Professional seal here)
(if the Registered Professional is a member of a firm, complete the following).
I am a member of this 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.
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Sechelt Indian Government District Building Bylaw No. 2017.09.
SCHEDULE D
OWNERS RESPONSIBILITIES
I/We
(print
name) Being the owner, or the signing authority for the corporate owner of the
following property: Legal Description:
Street Address:
Building Permit Number:
Understand, acknowledge and agree as follows;
(Owner or Signing Authority to Initial Each Clause)
1.
I/We have checked the Certificate of Title for covenants, building schemes,
easements, etc. and I/we understand that these matters are not enforced by
the Sechelt Indian Government District;
2.
I/We recognize that there are areas of 'problem soils' within the District which
are widely distributed as to location, I/we hereby acknowledge that it is
my/our responsibility as owner of the parcel to identify site conditions
generally and 'problem soils' in particular on which the construction cited in
my/our application is to be placed and I/we will take all action required to
ensure adequacy of foundation works;
3.
I/We hereby acknowledge that if granted a permit pursuant to my/our
application, that it is my/our responsibility to ensure compliance with the
Building Code, the Sechelt Indian Government District Building Law and any
other applicable enactment, code, regulation or standard relating to the work
in respect of which the permit is issued, whether or not said work is
undertaken by me/us or by those whom I/we retain or employ to provide
design and/or construction services;
4.
I/We hereby acknowledge that neither the issuance of a permit; nor the
acceptance and review of plans, specifications, drawings, or supporting
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documents; nor inspections made by or on behalf of the SIGD constitute a
representation, warranty, assurance or statement that the Building Code,
Building Law or any other applicable enactment, code, regulation or
standard has been complied with;
5.
I/We understand that Environmental Health Officers do not review referrals for
buildings, building additions, alterations to buildings, decks, private pools,
auxiliary buildings, etc. for the purpose of on-site sewage disposal
assessment. I/We further understand it is my/our responsibility to retain an
"authorized person" to carry out these assessments.
6.
I/We acknowledge that where the SIGD requires that Letters of Assurance be
provided by a Registered Professional in accordance with the Sechelt Indian
Government District Building Law, I/We confirm that I/we have been advised in
writing by the SIGD that it relied exclusively on the Letters of Assurance in
respect of the review of the plans, drawings, specifications and supporting
documents submitted for a building permit.
7.
I/We further acknowledge that I/We have relied only on the Registered
Professional for the adequacy of plans, drawings, specifications and
supporting documents submitted in the application for a building permit.
8.
I/We acknowledge that I/we have been advised to obtain independent legal
advice in respect of the responsibilities I am/we are assuming upon
granting of a permit by the SIGD pursuant to my/our application and in
respect of the execution of this document.
9.
I am/We are authorized to give these acknowledgements and
representations to the SIGD.
10.
I/We understand that although the value of construction has been determined
at time of permit issuance, the SIGD reserves the right to revise the value at
or near the final inspection stage, adjust the permit fee accordingly and invoice
for the balance, and we agree to pay the adjusted amount.
I/We have read the above acknowledgements and representations and understand them.
Signature:
Date:
Company
Name:
(if owner is a corporation)
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Sechelt Indian Government District Building Bylaw No. 2017.09.
SCHEDULE E
RELIANCE ON CERTIFICATION NOTICE
Permit File No.:
To:
Name:
Company:
Mailing Address:
Postal Code:
Re:
Legal Description:
(Lot #, Block #, District Lot #, Plan #)
Pursuant to Sechelt Indian Government District Building Bylaw No. ____, take notice that
the Sechelt Indian Government District 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 provided in connection with
the application for the permit substantially comply with the BC Building Code and other
applicable enactments respecting safety and the SIGD will rely solely on the field reviews
undertaken by these Registered Professionals as certification that the construction work
complies with the Code, the SIGD Building Law and other applicable enactments
respecting safety.
Date
Building Official