District of Sooke Building Bylaw No. 780, 2020 (consolidated for reference, incl. Amendment Bylaw No. 849, 2022)
Sooke, British Columbia
· No. 780
· adopted 2021-02-08
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot c020358ef981 · verified 2026-09-24 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
DISTRICT OF SOOKE
BUILDING BYLAW NO. 780, 2020
CONSOLIDATED FOR REFERENCE
JULY 11, 2022
BYLAW NO. 780, BUILDING BYLAW, 2020
BYLAW NO. 849, BUILDING AMENDMENT BYLAW (780-01), 2022
THIS BYLAW IS PROVIDED FOR REFERENCE PURPOSES ONLY AND IS NOT TO BE RELIED UPON IN
MAKING FINANCIAL OR OTHER COMMITMENTS. COPIES OF THE ORIGINAL BYLAW AND
AMENDMENTS MAY BE VIEWED AT THE DISTRICT OF SOOKE MUNICIPAL HALL.
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
DISTRICT OF SOOKE
BUILDING BYLAW
BYLAW NO. 780
CONTENTS
Citation .............................................................................................................. 2
Part 3: INTERPRETATION ................................................................................... 3
Definitions .......................................................................................................... 3
Part 4: SCOPE AND EXEMPTIONS ....................................................................11
Application ........................................................................................................11
Limited Application to Existing Buildings ..........................................................11
PART 5: PROHIBITIONS .....................................................................................12
PART 6: PERMIT CONDITIONS .........................................................................14
PART 7: POWERS OF A BUILDING OFFICIAL ..................................................15
Administration ...................................................................................................15
Refusal and Revocation of Permits ..................................................................15
Right of Entry ....................................................................................................16
PART 8: OWNER'S RESPONSIBILITIES ............................................................17
Permit Requirements ........................................................................................17
Owner's Obligations .........................................................................................17
Damage to Municipal Works .............................................................................18
Demolition ........................................................................................................19
Notice ...............................................................................................................19
PART 9: OBLIGATIONS OF OWNER'S CONSTRUCTOR .................................20
PART 10: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ...................20
Requirement for a Registered Professional ......................................................20
Professional Plan Certification ..........................................................................22
PART 11: BUILDING APPLICATION requirements .............................................22
Requirements Before Applying for a Permit .....................................................22
Permit Applications for Simple and Complex Buildings ....................................24
Site and Location Information ...........................................................................29
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
Permit Fee ........................................................................................................29
Security Deposit with Permit Application ..........................................................30
Permit Fee Refunds .........................................................................................31
Issuance of a Permit .........................................................................................32
Partial Construction ..........................................................................................33
Conditions of a Permit ......................................................................................33
Inspections .......................................................................................................33
Stop Work Order ..............................................................................................36
Do Not Occupy Notice ......................................................................................37
Inspection and Other Fees ...............................................................................37
Permit Expiration ..............................................................................................38
Permit Extension ..............................................................................................38
Permit Revocation ............................................................................................38
Permit Cancellation ..........................................................................................38
Occupancy .......................................................................................................39
Temporary Buildings ........................................................................................41
Sanitary Facilities .............................................................................................42
PART 12: RETAINING WALL, SEAWALLS AND GRADES ................................43
PART 13: BUILDING MOVE ................................................................................43
PART 14: NUMBERING OF BUILDINGS ............................................................43
PART 15: POOLS ................................................................................................44
Swimming Pool Permit and Fencing .................................................................44
Pool Gate .........................................................................................................44
Spa or Hot Tub Lid ...........................................................................................44
Maintenance .....................................................................................................44
PART 16: Energy CONSERVATION AND GHG EMISSION REDUCTION .........45
PART 17: OFFENCES .........................................................................................46
Violations ..........................................................................................................46
Deemed Offence ..............................................................................................46
Ticketing ...........................................................................................................47
PART 18: REPEAL...............................................................................47
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
This page intentionally left blank.
DISTRICT OF SOOKE
BUILDING BYLAW
BYLAW NO. 780
A bylaw for the administration of the BC Building Code and regulation of
construction within the District of Sooke.
WHEREAS the District of Sooke Council may by bylaw regulate, prohibit, and
impose requirements in respect to buildings and structures under sections 8(3)(g)
and (l) of the Community Charter for the following under section 53(2):
(a) the provision of access to a building or other structure, or to part of a
building or other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the adherence to the British Columbia Energy Step Code
(e) the health, safety or protection of persons or property;
(f) the installation of a solid fuel burning or oil-burning appliance,
chimneys, including a heating oil tank;
(g) solid fuel burning appliance and equipment shall be installed in
compliance with the current edition of CSA-B365 "Installation code of
solid-fuel-burning appliances and equipment";
(h) oil burning appliance and equipment shall be installed in compliance
with the current edition of CSA-B139 "Installation code for oil-burning
equipment";
(i) the applicable requirements in regard to basement flood protection
shall be in compliance with the current edition of CSA-Z800 "Guide on
Basement Flood Protection and Risk Reduction";
(j) the applicable requirements in regard to flood resilient design shall be
in compliance with the current edition of CSA-W204 "Flood Resilient
Design of New Residential Communities".
(k) the applicable requirements in regard to fire resilient design shall be in
compliance with the current edition of CSA S504 - "Fire Resilient
Planning for Northern Communities".
(l) the fire resistance design and sounds control assemblies in the current
edition of GA-600 - "Fire Resistance and Sound Control Design
Manual Sound Control", can be used as a reference in designing fire
resistance and sound assemblies;
Building Bylaw No. 780, 2020 (consolidated)
Page 2 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(m) the applicable requirements in regards to fire protection for
construction camps shall be in compliance with the current edition of
CAN/UL 2600 - "Standard for Safety of Relocatable Buildings".
AND WHEREAS the District of Sooke is enacting this bylaw to regulate
construction and administer the British Columbia Building Code, the British
Columbia Plumbing Code, and the British Columbia Fire Code in Sooke in
accordance with the Community Charter, the Architect Act and the Building Act;
AND WHEREAS the District of Sooke has employed trained building officials for
the purposes of this bylaw and the Building Act.
NOW THEREFORE the Council of the District of Sooke, in open meeting
assembled, ENACTS AS FOLLOWS:
PART 1 - TITLE
Citation
1.
This bylaw may be cited as "Building Bylaw No. 780, 2020".
PART 2 - PURPOSE
2.
(1)
Despite any other provision in this bylaw, this bylaw must be
interpreted in accordance with this part.
(2)
Every permit issued under this bylaw is issued expressly subject to
the provisions of this Part.
(3)
This bylaw is enacted to regulate, prohibit and impose requirements
regarding construction of all buildings and structures in the District
in the public interest.
(4)
The purpose of this bylaw does not extend to
(a)
the protection of owners, designers or constructors from
economic loss;
(b)
the assumption by the District of Sooke or any building
official of any responsibility for ensuring the compliance by
any owner, his or her representatives or any employees,
constructors or designers retained by the owner, with the
Building Code, the requirements of this bylaw, or other
applicable enactments, codes or standards;
Building Bylaw No. 780, 2020 (consolidated)
Page 3 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(c)
providing any person, a warranty of design or workmanship
with respect to any building or structure for which a permit or
occupancy approval is issued under this bylaw;
(d)
providing any person, a warranty or assurance that
construction undertaken under permits issued by the District
is free from latent, or any, defects; or
(e)
the protection of adjacent real property from incidental
damage or nuisance.
PART 3: INTERPRETATION
Definitions
3.
(1)
In this bylaw:
"accepted" means reviewed by the building official under the
applicable provisions of the Building Code and this bylaw;
"addition" means an alteration to any building which will increase
the total aggregate floor area or the building height (in storeys), and
includes the provision of two or more separate buildings with
openings between each other for intercommunication;
"agent" means a person representing the owner, by written
designation or contract;
"alternative solution" means an alternative solution authorized
under the Building Code;
"alteration" means a change or extension to any matter or thing or
to any occupancy regulated by this bylaw or the Building Code;
"Architects Act" means the Architects Act as amended or
superseded from time to time;
"authority having jurisdiction" means the governmental body
responsible for the enforcement of any part of this code or the
official or agency designated by that body to exercise such a
function;
"building" means any structure used or intended for supporting or
sheltering any use or occupancy;
"Building Act" means the British Columbia Building Act, as
amended or superseded from time to time;
"Building Code" means the British Columbia Building Code as
adopted by the Minister responsible under provincial legislation, as
amended or superseded from time to time;
Building Bylaw No. 780, 2020 (consolidated)
Page 4 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
"building official" (also refer to authority having jurisdiction)
means the person designated in or appointed to that position by the
District, and includes the chief building official, a building inspector,
plan checker, plumbing inspector, gas inspector or electrical
inspector designated or appointed by the District, and for certainty
the building official is the "building inspector" referred to in the
Building Act, Community Charter and Local Government Act;
"building safety department" means the District of Sooke building
officials in their entirety;
"bylaw officer" means a person designated or appointed by
Council as a Bylaw Enforcement Officer;
"complex building" means:
(a)
building used for a major occupancy classified as:
(i)
Group A - assembly occupancy;
(ii)
Group B, Division 1- detention occupancy;
(iii)
Group B, Division 2 - treatment occupancy;
(iv)
Group B, Division 3 - care occupancy without
treatment; or
(v)
Group F, Division 1 - high hazard industrial
occupancy.
(b) a building classified as a post-disaster building,
(c)
a building that exceeds 600 m2 in building area or exceeds
three (3) storeys in building height or is used for one of the
following major occupancy classified as:
(i)
Group C - residential occupancy in a building
containing five (5) or more dwelling units or in a
building containing eleven (11) or more guest rooms
in a hotel or similar occupancy;
(ii)
Group D - business and personal services occupancy
with a gross floor area of more than 470m2;
(iii)
Group E - mercantile occupancy with a gross floor
area of more than 470m2;
(iv)
Group F, Division 2 - medium hazard industrial
occupancy with a gross floor area of more than
470m2; or
(v)
Group F, Division 3 - low hazard industrial occupancy
with a gross floor area of more than 470m2;
Building Bylaw No. 780, 2020 (consolidated)
Page 5 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(d) a building referred to in (c) above is defined as a
complex building, if any of the following examples of complex
elements are incorporated in the project:
(i)
structural components that are not within the scope of
Part 9 of Division B of the Building Code;
(ii)
geotechnical conditions at the building site that are
not within the scope of Part 9 of Division B of the
Building Code;
(iii)
a fire alarm system designed to CAN/ULC-S524,
"Installation of Fire Alarm Systems";
(iv)
a Residential Fire and Life Safety Warning System
designed to CAN/ULC-S540, "Residential Fire and
Life Safety Warning Systems: Installation, Inspection,
Testing and Maintenance";
(v)
a sprinkler system designed to NFPA 13, NFPA 13R
or NFPA 13D "Installation of Sprinkler Systems"; or
(vi)
a standpipe and hose systems designed to NFPA 14,
"Installation of Standpipe and Hose Systems".
"cooking facilities" means food preparation areas, (i.e., kitchens /
kitchenettes) which has a sink and an appliance for the heating and
cooking of food, including stoves, hood fans, microwaves,
convection ovens, cook tops or hot plates.
"coordinating registered professional" means a registered
professional retained pursuant to the Building Code to coordinate all
design work and field reviews of the registered professionals
required for a development;
"construct" includes build, erect, install, repair, add to, enlarge,
move, locate, relocate, construction, constructed, reconstruct,
demolish, remove, excavate or shore;
"Director of Planning and Development" means the department
head responsible for overseeing the administration of the building
bylaw;
"Energy Step Code" means the British Columbia Energy Step
Code as adopted by the Minister responsible under the provincial
legislation, as amended or superseded from time to time;
"Engineers and Geoscientists Act" means the Engineers and
Geoscientists Act, as amended or superseded from time to time;
Building Bylaw No. 780, 2020 (consolidated)
Page 6 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
"existing building" means that portion of a building constructed
prior to the submission of a permit application required under this
bylaw;
"Fees and Charges Bylaw" means the District of Sooke's Fees
and Charges Bylaw, along with any amendments made from time to
time;
"final inspection notice" means a final inspection notice issued
under section 11.48 of this bylaw;
"fire code" means the British Columbia Fire Code as adopted by
the Minister responsible under provincial legislation, as amended or
superseded from time to time;
"fire inspector" means the person designated or appointed as a
Fire Inspector, and includes any qualified member of the District's
fire department;
"foundation" means a system or arrangement of foundation units
through which the loads from a building are transferred directly to
supporting soil or rock and includes any portion of the exterior walls
of a building that lie below the finished grade immediately adjacent
to the building;
"foundation unit" means one of the structural members of the
foundation of a building such as a footing, raft or pile;
"GHG" means greenhouse gas, which is defined in the Climate
Change and Accountability Act, as amended or superseded from
time to time;
"health and safety aspects of the work" means design and
construction regulated by Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B,
of the Building Code; and subject to Parts 1 and 2 in relation to
Parts 3 through 10, Division B;
"home based business" means an occupation, business, craft, or
profession conducted for profit, which is carried on as an accessory
use in a dwelling unit or accessory building to the dwelling unit in
accordance with section 4.3 of the zoning bylaw;
"letter of authorization form" means the District of Sooke's letter
of authorization portion of the permit application form, as amended
from time to time;
"occupancy" means the use or intended use of a building or part
thereof for the shelter or support of persons, animals or property;
Building Bylaw No. 780, 2020 (consolidated)
Page 7 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
"owner" means the owner, as defined in the Community Charter, of
the parcel upon which the applicable building or structure is located
or to be located;
"permit" means permission or authorization in writing by the
building official to perform work regulated by this bylaw;
"permit application form" means the District of Sooke's permit
application form as amended from time to time;
"plumbing code" means the British Columbia Plumbing Code as
adopted by the Minister responsible under provincial legislation, as
amended or superseded from time to time;
"pool" means a structure or constructed depression used or
intended to be used for swimming, bathing, wading or diving which
is designed to contain water and has a depth, at any point,
exceeding 0.6 m, including an in-ground spa and hot tub;
"post-disaster building" means a building that is necessary for the
provision of services to the general public in the event of a disaster,
and includes:
(a)
hospitals, emergency treatment facilities and blood banks;
(b)
telephone exchanges;
(c)
power generating station and electrical substations;
(d)
control centers for air, land and marine transportation;
(e)
water treatment facilities;
(f)
water and sewage pumping stations;
(g)
sewage treatment facilities;
(h)
buildings having critical national defence functions;
(i)
buildings of the following types, except buildings exempted
from this designation by the authority having jurisdiction;
(j)
emergency response facilities;
(k)
fire, rescue and police stations and housing for vehicles,
aircraft or boats used for such purposes; and
(l)
communication facilities, including radio and television
stations.
"professional design" means the plans and supporting documents
bearing the date, seal or stamp, and signature of a registered
professional (refer to s. 3.2 of this bylaw).
Building Bylaw No. 780, 2020 (consolidated)
Page 8 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
"provisional occupancy" is possible only for buildings or portions
of buildings (with a time limit and an expiry date) where all fire, life
safety and health requirements have been completed and such
occupancy will not jeopardize life or property;
"retaining wall or seawall" means a structure that shall be
independent of a foundation wall, that is 1.2 metres or more in
height that holds or retains soil, water or other material behind it;
"seawall" means a retaining wall, located wholly on private
property, which is designed to prevent the erosion of the natural
boundary.
"secondary suite" means a self-contained dwelling unit, which
includes bed and breakfasts, located within a building or portion of a
building:
(a)
completely separated from other parts of the building by a
vertical fire separation that has a fire-resistance rating of not
less than 1 h and extends from the ground or lowermost
assembly continuously through or adjacent to all storeys and
spaces including service spaces of the separated portions;
(b)
of only residential occupancy that contains only one other
dwelling unit and common spaces; and
(c)
where both dwelling units constitute a single real estate
entity.
"simple building" means a building that is not more than (3)
storeys in building height, having a building area not more than six
hundred (600) square metres and used for one of the following
major occupancy classified as:
(a)
Group C - residential occupancy and in a building containing
less than five (5) dwelling units or in a building containing
less than eleven (11) guest rooms in a hotel or similar
occupancy;
(b)
Group D - business and personal services occupancy and
with a gross area not exceeding 470m2;
(c)
Group E - mercantile occupancy and with a gross area not
exceeding 470m2;
(d)
Group F, Division 2 - medium hazard industrial occupancy
and with a gross area not exceeding 470m2; or
(e)
Group F, Division 3 - low hazard industrial occupancy and
with a gross area not exceeding 470m2;
Building Bylaw No. 780, 2020 (consolidated)
Page 9 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
except where such a building is designed with common egress
systems (public corridors and/or protected exits) for the occupants
or requires the use of firewalls according to Article 1.3.3.4 of
Division A of the Building Code, or the installation of a fire alarm, a
residential fire and life safety warning system, a sprinkler system, or
a standpipe and hose system, in which case the building will be
considered a "complex building" under this bylaw;
"structure" means a structure of any kind, including a pool, other
than a building or portion of such a structure, whether fixed to,
supported by or sunk into land or water;
"Subdivision and Development Services Bylaw" means the
"Subdivision and Development Standards Bylaw, 2014", as may be
superseded or amended from time to time;
"temporary building" includes a sales office, construction office or
a structure in which tools are stored during construction of a
building, or structure for which there is an active building permit;
"value of the work" means that amount that is calculated as
follows:
(a)
for construction of a building containing a residential
occupancy that is served by only one stove, or two stoves if
permitted as an auxiliary and secondary suite/ residential
occupancy, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using the Fees and Charges
Bylaw; or
(b)
for all other construction, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using a method stipulated in the
"Marshall Valuation Service".
"zoning bylaw" means the current District Zoning Bylaw as
amended or replaced from time to time.
(2)
In this bylaw the following words and terms have the meanings:
(a)
set out in Division A, Section 1.4. of the Building Code as of
the date of the adoption of this bylaw: accessible, assembly
occupancy, building, building area, building height, business
and personal services occupancy, care occupancy,
constructor, coordinating registered professional, designer,
detention occupancy, excavation, field review, firewall, first
Building Bylaw No. 780, 2020 (consolidated)
Page 10 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
storey, grade, high hazard industrial occupancy, industrial
occupancy, low hazard industrial occupancy, major
occupancy, medium hazard industrial occupancy, mercantile
occupancy, occupancy, post disaster occupancy, private
sewage disposal system, registered professional, registered
professional of record, residential occupancy, treatment
occupancy or unsafe condition;
(b)
subject to this bylaw, set out in the Schedule to the
Community Charter, as amended or superseded from time to
time: assessed value, highway, land, occupier, parcel, public
authority, service and soil;
(c)
subject to this bylaw, set out in the zoning bylaw, as
amended from time to time: home based business.
(3)
Every reference to this bylaw in this or another bylaw of the District
is a reference to this bylaw, as amended to the date of reference.
(4)
Every reference to:
(a)
the Building Code is a reference to the current edition as of
the date of issuance of the permit; and
(b)
a section of the Building Code is a reference to the applicable
successor sections,
as the Building Code or section may be amended or superseded
from time to time.
(5)
Definitions of words and phrases used in this bylaw that are not
included in the definitions in this Part have the meanings commonly
assigned to them in the context in which they are used in this bylaw,
considering the specialized use of terms with the various trades and
professions to which the terminology applies and as set out in other
District of Sooke bylaws.
Severability
(6)
If a section, subsection, paragraph, subparagraph or phrase of this
bylaw is for any reason declared invalid by a court of competent
jurisdiction, the decision will not affect the validity of the remaining
portions of this bylaw.
Building Bylaw No. 780, 2020 (consolidated)
Page 11 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
PART 4: SCOPE AND EXEMPTIONS
Application
4.
(1)
This bylaw applies to the geographical area of the District, including
all land, the surface of water, air space, buildings or structures
within that geographical area.
(2)
This bylaw applies to the design and construction, followed by the
occupancy of those buildings and structures, and any changes of
occupancy or use of the buildings and structures or the
establishment of a home-based business.
(3)
This bylaw applies to a building or structure commonly known as
"Canadian Standards Association CSA-Z240 MH series, or CSA-
A277 Procedure for certification or prefabricated buildings, modules,
and panels".
(4)
This bylaw does not apply to:
(a)
except as set out in Part 12 [Retaining Walls or Seawalls and
Grades] of this bylaw, a trellis, an arbour, a wall supporting
soil that is less than 1.2 metres in height, and any other
similar landscape structures on a parcel zoned for single-
family residential occupancy uses under the zoning bylaw;
(b)
a fence;
(c)
an unoccupied accessory building with a floor area of less
than ten 10 square metres; or
(d)
a building or structure commonly known as Canadian
Standards Association - CAN/CSA-Z241 Series "Park Model
Trailers".
(e)
a building or structure commonly known as Canadian
Standards Association - CAN/CSA-Z240 Series
"Recreational Vehicles".
(f)
a building or structure commonly known as a Tiny Home on
Wheels, unless it meets all the requirements as outlined in
the District's Advisory #12 "Tiny Homes on Wheels".
Limited Application to Existing Buildings
(5)
Except as provided in the Building Code or to the extent an existing
building is under construction or has not yet been granted an
occupancy permit, when an existing building has been constructed
before the enactment of this bylaw, and for which there was a
building permit issued, the enactment of this bylaw is not to be
Building Bylaw No. 780, 2020 (consolidated)
Page 12 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
interpreted as requiring that the building must be reconstructed and
altered, unless it is expressly so provided by this or another bylaw,
regulation or statue.
(6)
This bylaw applies if the whole or any part of an existing building is
moved either within or into the District, including relocation relative
to parcel lines created by subdivision or consolidation. Part 13 of
this bylaw applies to building moves.
(7)
If an alteration is made to an existing building the alteration must
comply with this bylaw and the Building Code and the entire building
must be made to comply with this bylaw and the Building Code, but
only to the extent necessary to address any new infractions
introduced in the remainder of the building as a result of the
alteration.
(8)
If an alteration creates an addition to an existing building, the
alteration or addition must comply with this bylaw and the Building
Code and the entire building must be made to comply with this
bylaw and the Building Code, but only to the extent necessary to
address any new infractions introduced in the remainder of the
building as a result of the alteration or addition.
PART 5: PROHIBITIONS
5.
(1)
A person must not commence or continue the construction or
alteration of or change the occupancy of any building or structure,
including prior to the establishment of a home- based business:
(a)
except in conformity with the requirements of the building
code and this bylaw; and
(b) unless a building official has issued a valid permit for the
construction or alteration or change of occupancy.
(2)
person must not occupy or permit the occupancy of any building or
structure or part of any building or structure:
(a)
unless a subsisting final inspection notice has been issued
by a building official for the building or structure or the part of
the building or structure; or
(b)
contrary to the terms of any permit issued or any notice
given by a building official.
(3)
A person must not knowingly submit false or misleading information
to a building official in relation to any permit application or
construction undertaken pursuant to this bylaw.
Building Bylaw No. 780, 2020 (consolidated)
Page 13 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(4)
Except in accordance with this bylaw, including acceptance of
revised plans or supporting documents, a person must not erase,
alter or modify plans and supporting documents after the same
have been reviewed by the building official, or plans and supporting
documents which have been filed for reference with the building
official after a permit has been issued.
(5)
A person must not, unless authorized in writing by a building official,
reverse, alter, deface, cover, remove or in any way tamper with any
notice, permit or certificate posted or affixed to a building or
structure pursuant to this bylaw.
(6)
A person must not perform any work that is substantially at variance
with the accepted design or plans of a building, structure or other
works related to construction for which a permit has been issued,
unless that variance has been authorized in writing by a building
official.
(7)
A person must not interfere with or obstruct the entry of a building
official or other authorized official of the District on property in the
administration of this bylaw.
(8)
A person must not construct on a parcel unless the civic address is
conspicuously posted on the front of the premises or on a signpost
so it may be easily read from the public highway from which it takes
its address.
(9)
A person must not contravene a requirement of a building official
made under section 7(6) or any other provision of this bylaw.
(10)
A person must not change the use, occupancy, or both of a building
or structure or a part of a building or structure without first applying
for and obtaining a permit under this bylaw.
(11)
A person shall not install the following appliances or installations
within a single-family dwelling to make it appear that a secondary
suite or bed and breakfast is being developed, unless a valid permit
has been issued to construct a secondary suite or bed and
breakfast within a single-family dwelling:
(a)
An additional 220-amp service, wiring and plugin over and
above those normally required for a single-family dwelling;
(b)
More than one kitchen with cooking facilities;
(i)
This also includes but is not limited to the installation
of any: gas lines or electrical wiring, or duct work for
the hood fan, etc., that would normally be required for
the installation of a second kitchen or kitchenette
Building Bylaw No. 780, 2020 (consolidated)
Page 14 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
within the single-family dwelling to create a secondary
suite or bed and breakfast.
(c)
Additional plumbing and the installation of a secondary
laundry facility over and above those normally required for a
single-family dwelling;
(d)
The installation of an exterior door to what appears to be the
development of a secondary suite;
(e)
The installation of a heating and ventilation system that is
independent of the single-family dwelling.
PART 6: PERMIT CONDITIONS
6.
(1)
A permit is required if work regulated under this bylaw is to be
undertaken.
(2)
Neither the issuance of a permit under this bylaw, nor the review of
plans, drawings, specification or supporting documents, nor any
inspections made by or on behalf of the District in any way:
(a)
relieve the owner or the agent from full and sole
responsibility to perform the work in respect of which the
permit was issued in strict compliance with this bylaw, the
Building Code, and all other applicable codes, standards and
enactments;
(b)
constitute a representation, warranty, assurance or
statement that the Building Code, this bylaw or any other
applicable enactments respecting safety, protection, land
use and zoning have been complied with; or
(c)
constitute a representation or warranty that the building or
structure meets any standard of materials or workmanship.
(3)
No person shall rely on any permit or the review of the plans,
drawings, specifications or supporting documents as establishing
compliance with this bylaw or assume or conclude that this bylaw
has been administered or enforced according to its terms.
(4)
Without limiting section 6(2)(a), it is the full and sole responsibility of
the owner or the agent to carry out the work in respect of which the
permit was issued in compliance with the Building Code, this bylaw
and all other applicable codes, standards and enactments.
Building Bylaw No. 780, 2020 (consolidated)
Page 15 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
PART 7: POWERS OF A BUILDING OFFICIAL
Administration
7.
(1)
Provisions of this bylaw that provide authority to a building
official are to be construed as internal administrative powers and
not as creating a duty of any kind to any person whatsoever.
(2)
A building official may:
(a) administer this bylaw, but owes no public duty to enforce or
administer this bylaw;
(b) keep records of applications received, permits, notices and
orders issued, inspections and tests made, and may retain
copies of all papers and documents connected with the
administration of this bylaw;
(c) establish or require an owner, or agent, to establish whether
a method or type of construction or material used in the
construction of a building or structure complies with the
requirements and provisions of this bylaw and the building
code; and
(d) direct that tests of materials, equipment, devices,
construction methods, structural assemblies or foundations
be carried out, or that sufficient evidence or proof be
submitted by the owner, at the owner's sole expense, where
such evidence or proof is necessary to determine whether
the material, equipment, device, construction or foundation
condition complies with this bylaw and the Building Code.
(e)
Require an owner, or agent, to install permanent fall
protection anchors in wood frame construction in compliance
with WorkSafeBC Standards, Structural Engineering
requirements and any applicable Building Code
requirements.
Refusal and Revocation of Permits
(3)
A building official may refuse to issue a permit if the proposed work
or activity will contravene the requirements of the Building Code or
the provisions of this or any other bylaw of the District and must
state the reason in writing.
(4)
A building official may revoke a permit if, in their opinion, the results
of tests on materials, devices, construction methods, structural
assemblies or foundation conditions contravene the Building Code
Building Bylaw No. 780, 2020 (consolidated)
Page 16 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
or the provisions of this bylaw, or both, or if all permits required
under this bylaw have not been obtained.
Right of Entry
(5)
Subject to section 16 of the Community Charter, a building official,
with the assistance of a bylaw officer if available, may enter on
property at any time to ascertain whether the requirements of this
bylaw are being met.
Powers
(6)
A building official, with the assistance of a bylaw officer if available,
may by notice in writing require:
(a)
a person who contravenes any provision of this bylaw to
comply with that provision within the time ordered;
(b)
an owner to stop work construction on a building or structure,
or any part of a building or structure, if the work is
proceeding in contravention of this bylaw, the Building Code,
any other District Bylaw or any other enactment, or if the
building official considers there is an unsafe condition, and
may enter on property to affix or post a stop work order in
the form prescribed by the building official;
(c)
an owner to remove or prevent any unauthorized
encroachment on a public parcel, a statutory right of way or
easement, or a setback or yard required under an
enactment;
(d)
an owner to remove any building or structure, or any part of
a building or structure, constructed in contravention of a
provision of this bylaw;
(e)
an owner to have work inspected by a building official prior to
covering;
(f)
an owner to uncover any work that has been covered without
inspection contrary to this bylaw or an order issued by a
building official;
(g)
a person to cease any occupancy in contravention of a
provision of this bylaw;
(h)
a person to cease any occupancy if any unsafe condition
exists because of construction being undertaken but not
complete and where the building official has not issued a
final inspection notice for the work related to construction;
(i)
an owner to correct any unsafe condition; and
Building Bylaw No. 780, 2020 (consolidated)
Page 17 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(j)
an owner to correct any work that contravenes this bylaw,
the Building Code, any District bylaw or any other enactment.
(7)
Every person served with a notice under this Part must comply with
that notice:
(a)
within the time ordered; or
(b)
if no time is ordered, immediately.
PART 8: OWNER'S RESPONSIBILITIES
Permit Requirements
8.
(1)
Subject to Part 11 of this bylaw, every owner must apply for and
obtain a permit prior to:
(a)
constructing or altering a building or structure, including a
pool or retaining wall or seawall that is 1.2 metres or more in
height;
(b)
moving a building or structure into or within the District;
(c)
demolishing a building or structure;
(d)
occupying a new building or structure;
(e)
constructing a masonry fireplace or installing a wood-burning
appliance or chimney, whether attached to, part of or
detached from a building;
(f)
the installation of an oil-burning appliance, chimney,
including a heating oil tank;
(g)
changing the use or occupancy of a building; or
(h)
prior to the establishment of a home-based business.
(2)
Every owner must ensure that plans submitted with a permit
application bear the name, phone number, address and email
address of the designer of the building or structure.
Owner's Obligations
(3)
Every owner must:
(a)
comply with the Building Code, the requirements of this
bylaw and the conditions of a permit, and must not omit any
work related to construction required by the Building Code,
this bylaw, any District bylaw, any other enactment or the
conditions of a permit;
Building Bylaw No. 780, 2020 (consolidated)
Page 18 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
ensure that all permits, all plans and specifications and
supporting documents on which a permit was based, all
municipal inspection certificates, and all professional field
reviews are available at the site of the work for inspection
during working hours by the building official, and that all
permits are posted conspicuously on the site during the
entire execution of the work; and
(c)
prior to the issuance of a permit, execute and submit to the
District a completed District permit application form where
required by the building official.
(4)
Every owner and every agent, must carry out construction or have
the construction carried out in accordance with the requirements of
the Building Code, this bylaw and other District bylaws and none of
the issuance of a permit under this bylaw, the review of plans and
supporting documents, or inspections made by a building official or
a registered professional shall relieve the owner, or the agent, from
full and sole responsibility to perform the work in strict accordance
with this bylaw, the Building Code and all other applicable codes,
standards and enactments.
(5)
Every owner must allow a building official to enter any building or
premises at any reasonable time to administer and enforce this
bylaw.
(6)
Every owner to whom a permit is issued must, during construction:
(a)
post the civic address on the property so that it may be
easily read from the public highway from which the property
takes its address; and
(b)
post the permit on the property so that it may be easily read
from the public highway from which the property takes its
address.
Damage to Municipal Works
(7)
Every owner to whom a permit is issued is responsible for the cost
to repair any damage to municipal works or land that occurs directly
or indirectly from any work authorized by the permit.
(8)
In addition to payment of a security deposit under sections 11(8) to
11(12), every owner must pay to the District, within 30 days of
receiving an invoice for same from the District, the cost to repair
any damage to public property or works located on public property
arising directly or indirectly from work for which a permit was issued.
Building Bylaw No. 780, 2020 (consolidated)
Page 19 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
Demolition
(9)
Prior to obtaining a permit to demolish a building or structure, the
owner must:
(a)
provide to the District a vacancy date;
(b)
pay capping and inspection chamber installation fees as set
out in the District's bylaws governing waterworks and sewer;
(c)
ensure that all municipal services and other services are
capped and terminated at the property line in a District
standard inspection chamber and valve arrangement; and
(d)
confirm that all applicable requirements of the Safety
Measures and the Construction and Demolition Sites in Part
8 of the Building Code, and also the applicable requirements
in Section 5.6 - Construction and Demolition Sites of the fire
code.
(10)
Every owner must ensure that, on completion of all demolition
procedures, all debris and fill are cleared, and the site is levelled or
graded, or made safe if levelling and grading are not possible.
Notice
(11)
Every owner shall provide at least two (2) business days notice
prior to commencing work at a building site, give written or online
notice to the building safety department of the date on which the
owner intends to begin such work.
(12)
Every owner must give written or online notice to the building safety
department of any change in or termination of engagement of a
registered professional, including a coordinating registered
professional, during construction, when the change or termination
occurs.
(13)
If an owner or registered professional terminates the engagement
of a registered professional of record or, including, a coordinating
registered professional is terminated, the owner must cease all
work under a permit until the owner has engaged a replacement
registered professional of record or coordinating registered
professional, as the case may be, or the owner has delivered to the
building safety department letters of assurance in the forms set out
in Schedules A, B, C-A and C-B referred to in subsection 2.2.7,
Division C, of the Building Code, as applicable.
(14)
Without limiting sections 11(28) to 11(43), every owner must give at
least three (3) business days online or written notice to the building
safety department;
Building Bylaw No. 780, 2020 (consolidated)
Page 20 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(a)
of intent to perform work related to construction that is
required or ordered to be corrected;
(b)
of intent to cover work related to construction that is required
under this bylaw to be, or has been ordered to be, inspected
prior to covering; and
(c)
when work related to construction has been completed so
that a final inspection can be made.
(15)
Every owner to whom a permit has been issued must give notice in
writing to the building safety department and pay the non-
refundable fee set out in the Fees and Charges Bylaw immediately
upon any change in ownership or change in the address of the
owner which occurs prior to the issuance of a final notice.
(16)
Every owner must give such other notice to the building safety
department as may be required by the building safety department
or by a provision of this bylaw.
PART 9: OBLIGATIONS OF OWNER'S CONSTRUCTOR
9.
(1)
Every constructor must ensure that all construction is done in
compliance with all requirements of the Building Code, this bylaw
and all other applicable codes, standards and enactments.
(2)
Every constructor must ensure that no excavation or other work
related to construction is undertaken on public property and that no
public property is disturbed.
(3)
For the purposes of the administration and enforcement of this
bylaw, every constructor is responsible jointly and severally with the
owner for all work related to construction undertaken.
PART 10: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Requirement for a Registered Professional
10.
(1)
Before a permit may be issued for the construction or alteration of a
building in any of the circumstances specified in section 10(3) of this
bylaw. The owner must retain a coordinating registered professional
to:
(a)
coordinate all design work related to construction and field
reviews of the registered professionals retained to undertake
design work related to construction and field reviews as
Building Bylaw No. 780, 2020 (consolidated)
Page 21 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
required for the project under the Building Code or this bylaw
in order to ascertain that.
(i)
the design will substantially comply with the Building
Code and other applicable enactments respecting
safety; and
(ii)
the construction of the project will substantially comply
with the Building Code and other applicable
enactments respecting safety.
(b)
deliver to the building safety department letters of assurance
in the form of Schedules A, B, C-A and C-B referred to in
subsection 2.2.7, Division C of the Building Code, when
required under this bylaw or the Building Code,
and the owner must retain registered professionals to undertake
design work in respect of a permit application.
(2)
Section 10(1) applies to:
(a)
a complex building - (refer also to the definition of complex
elements);
(b)
complex elements of a simple building:
(c)
a building in respect of which the building official determines
that site conditions, size or complexity so warrant in the
interests of safety of persons or protection of property under
the Building Code;
(d)
if the building envelope components of the building fall under
Division B, Part 3 of the Building Code, the building within the
scope of Part 9 of the Building Code that contains common
egress systems for the occupants or requires the use of a
firewall, or that have structural components that are not
within the scope of Part 9 of the Building Code, or more than
four (4) dwellings, or if the building envelopes do not comply
with the prescriptive requirements of Division B Part 9 of the
Building Code;
(e)
in any case where the owner has proposed a method of
construction or use of materials not identified as an
"Acceptable Solution" under the Building Code, and the
Chief Building Official considers that the use of the
alternative solution affects the operation and maintenance
requirements of the building, the owner may be required to
grant to the District of Sooke a covenant, requiring the owner
to operate and maintain the building in perpetuity in the
Building Bylaw No. 780, 2020 (consolidated)
Page 22 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
manner prescribed in the covenant having regard to the
nature of the alternative solution.
(3)
The building official may require any registered professional
carrying out the professional design and field review required under
section 10(2) to provide evidence that they have experience and
expertise in respect of the professional design and field review of
the context and scope required.
Professional Plan Certification
(4)
Where letters of assurance in the form of Schedules A and B as
referred to in subsection 2.2.7, Division C of the Building Code and
of the building safety department are required to be provided to a
building official under this bylaw or the Building Code, such letters of
assurance are relied upon by the District and its building officials as
certification that the design, plans and supporting documents to
which the letters of assurance refer substantially comply with the
Building Code, this bylaw and other applicable enactments
respecting safety.
(5)
For a permit issued for the construction of a complex building, the
building official shall provide the owner with a notice that the permit
is issued in reliance on the certification of the registered
professional that the professional design and plans submitted in
support of the application for the permit comply with the building
code and other applicable enactments. Any failure on the part of
the building official to provide the owner with the notice will not
diminish or invalidate the reliance by the District or its building
officials on the registered professionals.
(6)
If a permit is issued for a construction of a complex building, the
permit fee is reduced by 5% of the fees payable under the Fees
and Charges Bylaw up to a maximum reduction of $500.00 (five
hundred dollars).
PART 11: BUILDING APPLICATION REQUIREMENTS
Requirements Before Applying for a Permit
11.
(1)
Prior to issuance of a permit, the owner must satisfy the following
requirements or conditions:
(a)
the owner must apply for and obtain a development permit
under Division 7, Part 14 of the Local Government Act if the
building or structure is in an area designated by the District
Official Community Plan as a development permit area;
Building Bylaw No. 780, 2020 (consolidated)
Page 23 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
the owner must ensure that the proposed building or
structure complies with all bylaws of the District, except to
the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order
of the Board of Variance;
(c)
an approving officer must have approved the subdivision
plan that, once registered, would create the parcel on which
the proposed building or structure will be constructed, and
the subdivision plan must have been registered in the Land
Title Office;
(d)
the person applying for the permit must provide evidence to
the building safety department showing that the person
applying for the permit is either the owner of the parcel that
is the subject of the proposed permit, or is the agent of the
owner, in which case, the agent must provide the name and
contact information of the owner;
(e)
if the parcel that is the subject of the permit application is not
within the District's sewage disposal system and therefore is
not capable of being connected to the District's sewage
disposal system, the owner must apply for and obtain
approval from the District and other applicable public
authorities for an alternate private sewage disposal system;
(f)
if the parcel that is the subject of the permit application is not
within the Capital Regional Districts (CRD) waterworks
system and therefore is not capable of being connected to
the CRD waterworks system, the owner must apply for and
obtain approval from the District and other applicable public
authorities for an alternate water supply system;
(g)
if the parcel that is the subject of the permit application is not
within the District's storm water drainage system and
therefore is not capable of being connected to the District's
storm water drainage system, the owner must apply for and
obtain approval from the District and other applicable public
authorities for the alternate storm water drainage and
detention system; and
(h)
if all on site and off site works and services required by
District bylaws or other enactment have not been completed
in accordance with the enactments, the owner must enter
into a completion agreement with the District and deliver to
the District letters of credit or cash security for completion of
Building Bylaw No. 780, 2020 (consolidated)
Page 24 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
the works and service as stipulated in the District
"Subdivision and Development Standards Bylaw".
Permit Applications for Simple and Complex Buildings
(2)
An application for a permit with respect to a simple building must:
(a)
be made in the form prescribed by the building official and
signed by the owner, or signing officer(s) if the owner is a
corporation, including the corporate registry information;
(b)
be accompanied by the owner's acknowledgment of
responsibility and undertaking made on the District's permit
application form and signed by the owner, or a signing
officer(s) if the owner is a corporation;
(c)
include a copy of a title search for the relevant property
made within 30 days of the date of the permit application;
(d)
include a copy of a current up-to-date survey plan, that is
made within 30 days of the date of the permit application,
which is prepared by a British Columbia land surveyor.
[NOTE: for simple buildings, the building official may waive
the requirement for a survey plan, in part, where conditions
warrant];
(e)
include a detailed site plan with a scale of 1:200 prepared by
a registered professional showing:
(i)
the bearing and dimensions of the parcel taken from
the registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed
statutory rights of way, easements and setback
requirements, adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed
buildings or structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp,
pond, watercourse or the sea;
(vi)
a north arrow pointing due north;
(vii)
if applicable, location and distance between an
approved existing or proposed private or other
alternative sewage disposal system, a water supply
system, a well or a storm water drainage system;
(viii)
zoning bylaw compliance summary;
Building Bylaw No. 780, 2020 (consolidated)
Page 25 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(A)
the location, dimensions and gradient of
parking and parking access;
(B)
proposed and existing setbacks to property
lines at a scale of 1:200;
(ix)
natural and finished grade at building corners and
significant breaks in the building plan and proposed
grade around the building faces in order to ascertain
foundation height and building height;
(x)
first storey floor elevation;
(xi)
location, setbacks and elevations of all retaining walls
or seawall, steps, stairs and decks. [NOTE: A
retaining wall or seawall shall not be part of a
foundation wall];
(xii)
line of upper floors;
(xiii)
location and elevation of curbs, sidewalks, manholes
and service poles;
(xiv)
location of existing and proposed service connections;
(xv)
location and species of all trees greater than 10
centimetres in diameter;
(xvi)
location of top of bank and water courses;
(xvii) detailed fire fighting access routes, showing the clear
width, overhead clearances, changes of gradient,
turnaround facilities, etc., in compliance with the
Building Code;
(xviii) accessible paths of travel from the street to the
building;
(xix)
the geodetic elevation of the underside of a wood floor
system or the top of a finished concrete slab of a
building or structure where the District's land use
regulations or provincial flood mapping regulations
establish siting requirements related to minimum floor
elevation,
except that the building official may waive, in part, the
requirements for a site plan, if the permit is sought for the
repair, change of use, occupancy or alteration of an existing
building or structure;
(f)
include floor plans showing the dimensions and uses and
occupancy classification of all areas, including: the
Building Bylaw No. 780, 2020 (consolidated)
Page 26 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
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; party
walls; fire separations firewalls; plumbing fixtures; structural
elements; and stair dimensions;
(g)
include a cross-section through the building or structure,
drawn at an appropriate scale and at sufficient detail and
locations where required by the building official, illustrating
foundations, drainage, ceiling heights and construction
systems, in addition to conformity to the Building Code;
(h)
include elevations of all sides of the building or structure
showing finish details, roof slopes, windows, doors, the
grade, the maximum building height line, ridge height, spatial
separations and natural and finished grade to comply with
the Building Code and to illustrate that the building or
structure conforms with the zoning bylaw and if applicable,
the development permit;
(i)
include illustration of any slopes on the subject parcel that
exceed 30%;
(j)
include all other requirements of sections 2.2.1, 2.2.3,
2.2.4, 2.2.5, 2.2.6 and 2.2.9, Division C of the building
code;
(k)
include copies of approvals required under any
enactment relating to health or safety, including, without
limitation, sewage disposal permits, highway access permits
and Ministry of Health approvals;
(l)
except for garages, carports and garden structures
located on land, include a foundation and excavation design
prepared by a registered professional in accordance with the
Building Code;
(m)
include geotechnical letters of assurance, in addition to a
required geotechnical report, if the building official
determines that the site conditions so warrant;
(n)
include two sets of drawings at a suitable scale of design
and in addition email an electronic copy of the drawings
including the information set out in (e) to (h) of this section;
(o)
a letter of assurance in the form of Schedule A referred to in
subsection 2.2.7 Division C, of the Building Code, signed by
the owner, or a signing officer if the owner is a corporation,
Building Bylaw No. 780, 2020 (consolidated)
Page 27 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
and the coordinating registered professional, particularly for
complex elements;
(p)
include letters of assurance in the form of Schedule B
referred to in subsection 2.2.7 Division C, of the building
code, each signed by such registered professionals as the
building official or Building Code may require to prepare the
design for and conduct field reviews of the construction of
the building, particularly for complex elements; and
(q)
include a building code compliance summary ("Building Code
Analysis") including the applicable edition of the Building
Code, such as, without limitation, whether the building is
designed under Part 3 or Part 9 of the Building Code; and
(i)
for simple buildings, compliance with article 2.2.2.1(2),
Division C, of the Building Code; or
(ii)
for complex buildings, major occupancy
classification(s) of the building, building area and
building height, number of streets the building faces
and accessible entrances, work areas, washrooms,
firewalls and facilities.
(3)
In addition to the requirements of section 11(2), if a building official
considers that a project involves:
(a)
a construction activity involves two or more buildings, the
gross floor areas of which in the aggregate total more than
1000 square metres or that will contain more than four
dwelling units;
(b)
two or more buildings that will contain more than four
dwelling units; or
(c)
if the complexity of the proposed building or structure or
siting circumstances warrant,
the building official may require the following be submitted with a
permit application for the construction of each simple building in the
project:
(i)
a section through the site showing grades, buildings,
structures, parking areas and driveways;
(ii)
a roof plan and roof height calculations;
(iii)
structural, electrical, plumbing, mechanical or fire
suppression drawings prepared and sealed by a
registered professional;
Building Bylaw No. 780, 2020 (consolidated)
Page 28 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(iv)
letters of assurance in the form of Schedule B referred
to in subsection 2.2.7, Division C of the Building Code
signed by a registered professional; and
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.
(4)
In addition to the requirements of section 11(2) of this bylaw, a
building official may require the following to be submitted with a
permit application for the construction of a complex building if the
complexity of the proposed building or structure or siting
circumstances warrant,
(a)
site servicing drawings, including sufficient detail of off-site
services to indicate locations at the property line, prepared
and sealed by a registered professional, in accordance with
the District "Subdivision and Development Servicing Bylaw";
(b)
a section through the site showing grades, buildings,
structures, parking areas and driveways; and
(c)
any other information required by the building official or the
Building Code to establish substantial compliance with the
Building Code, this bylaw and other District bylaws, and any
other provincial or federal enactments, standards or codes
relating to the building or structure.
(5)
In addition to the requirements of section 11(4), if a building official
considers that a project involves:
(a)
a construction activity involves two or more buildings, the
gross floor areas of which in the aggregate total more than
1000 square metres or that will contain more than four
dwelling units; or
(b)
two or more buildings that will contain more than four
dwelling units; or
(c)
if the complexity of the proposed building or structure or
siting circumstances warrant,
the building official may require the following be submitted with a
permit application for the construction of each simple building in the
project:
(d)
a section through the site showing grades, buildings,
structures, parking areas and driveways;
(e)
a roof plan and roof height calculations;
Building Bylaw No. 780, 2020 (consolidated)
Page 29 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(f)
structural, electrical, plumbing, mechanical or fire
suppression drawings prepared and sealed by a registered
professional;
(g)
letters of assurance in the form of Schedule B referred to in
subsection 2.2.7, Division C of the Building Code, signed by
a registered professional; and
(h)
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.
Site and Location Information
(6)
Without limiting sections 11(2) to 11(4) of this bylaw, the building
official may require an owner to submit a current up-to-date plan of
survey prepared by a registered British Columbia Land Surveyor
which contains sufficient information respecting the site and
location of any building to:
(a)
establish, before construction begins, that all the provisions
of this bylaw in relation to this information will be complied
with;
(b)
verify, on completion of the construction, that all provisions of
this and other applicable bylaw have been complied with;
(c)
in relation to an existing building, substantiate its location,
size, including appurtenances whether above, at or below
ground level, relative to the site or its relationship to
neighbouring grades; and
(d)
in relation to construction of a new building, or addition to an
existing building, prior to and after the placement of concrete
for foundations and footings, show the elevation at proposed
top of concrete on all building elevations and at all significant
changes of elevation to substantiate its size, location and
elevation,
and every person served with a written requirement under this
section shall comply with the requirement.
Permit Fee
(7)
Before receiving a permit for a building or structure, the owner must
first pay to the District:
(a)
the permit fee prescribed in the Fees and Charges Bylaw;
and
Building Bylaw No. 780, 2020 (consolidated)
Page 30 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
any fees, charges, levies or taxes imposed by the District
and payable under an enactment at the time of issuance of
the permit.
Security Deposit with Permit Application
(8)
The owner, or agent, must pay to the District, at the time of the
application for a permit, for the following, in the form of a security
deposit, with the dollar value identified in the Fees and Charges
Bylaw.
(9)
The security deposit set out in section 11(8):
(a)
covers the cost borne by the District to maintain, restore or
replace any public works or public lands which are
destroyed, damaged or otherwise impaired in the carrying
out of the work related to construction referred to in any
permit held by the applicant;
(b)
covers the cost borne by the District to make the site safe if
the permit holder abandons or fails to complete the work as
designated on the permit;
(c)
serves as the security deposit for provisional occupancy
when the final inspection notice makes provision for a
security deposit; or
(d)
serves as a security deposit to effect compliance with any
condition under which the permit was issued.
(10)
The security deposit or applicable portion must be returned to the
applicant when the applicant has requested the return of the
security, and only if the applicant has requested the return of the
security, when:
(a)
the building safety department and the building official are
satisfied that no further damage to public works or public
lands will occur;
(b)
the inspections required by this bylaw are complete and
acceptable to the building safety department and the building
official; and
(c)
all conditions and provisions of a final inspection notice are
completed to the satisfaction of the building safety
department and the building official; or
(d)
serves as a security deposit to effect compliance with any
condition under which the permit was issued.
Building Bylaw No. 780, 2020 (consolidated)
Page 31 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(11)
Any credit greater than the amount of the security deposit used by
the District for the purposes described in section 11(9)(c) and
(d) shall be returned to the permit holder unless otherwise so
directed by the permit holder. Any amount in excess of the security
deposit required by the District to complete construction as outlined
in section 11(9)(a) and (b) is recoverable by the District from the
permit holder, the constructor or the owner of the property.
(12)
If the proposed work includes excavation or construction on lands
within 10 metres of works or services owned by the District, the
owner must deliver to the building safety department a signed
agreement in a form prescribed by the District Director of Planning
& Development under which the owner acknowledges and agrees
that any damage to municipal works or services arising from the
construction associated with the building permit must be repaired
by the owner at its expense and to the satisfaction of the Director of
Planning & Development, and the owner must deposit with the
District security in accordance with sections 11(8) to 11(11).
Permit Fee Refunds
(13)
No permit fee or part of a permit fee paid to the District may be
refunded if the work related to construction authorized by the permit
has started.
(14)
A permit fee may be partially refunded as set out in the Fees and
Charges Bylaw, only if:
(a)
the owner has submitted a written request for a refund within
six (6) months of permit issuance;
(b)
the building official has certified a start has not been made
on the work authorized by the permit; and
(c)
the permit has not expired and has not been extended under
section 11(43).
(15)
A permit fee is not refundable after the permit has expired or been
extended under section 11(44).
Design Modification
(16)
If a permit has not expired and the owner proposes modification to
the building design whereby the value of the work does not
increase or the value of the work decreases, the owner must pay to
the District a permit fee based on the plan review hourly rate set out
in the Fees and Charges Bylaw.
Construction Before Permit Issued
Building Bylaw No. 780, 2020 (consolidated)
Page 32 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(17)
The Director of Planning and Development has the sole discretion
to require a permit fee to be charged double the prescribed amount
when work related to construction authorized under the permit,
commenced before the building official issued a permit..
Issuance of a Permit
(18)
If:
(a)
a completed application in compliance with sections 11(2)
and 11(3) or sections 11(4) and 11(5), including all required
supporting documentation, has been submitted;
(b)
the owner has paid all applicable fees and deposits required
under this bylaw with respect to the permit, as outlined in the
Fees and Charges Bylaw;
(c)
the owner or his or her representative has paid all charges
and met all requirements imposed by any other District
bylaw;
(d)
the owner has retained all registered professionals required
under this bylaw; and
(e)
no covenant, agreement, resolution or regulation of the
District prohibits the construction work in respect of which
the permit is sought or requires or authorizes the permit to
be withheld,
the building official must issue the permit, in the form prescribed by
the building official, for which the application is made, and the date
of issuance is deemed to be the date the District gives written
notice to the owner that the permit is ready to be picked up by the
owner.
Compliance with the Homeowner Protection Act
(19)
A permit will not be issued for a new home unless the owner
provides evidence, in accordance with section 30(1) of the
Homeowner Protection Act, that the proposed new home:
(a)
is covered by home warranty insurance, or will be built by an
owner builder or is otherwise exempted by regulation from
the requirement to be covered by home warranty insurance;
and
(b)
will be built by a licensed residential builder, or by a person
who is otherwise exempted by regulation from the
requirement to be a licensed builder.
Building Bylaw No. 780, 2020 (consolidated)
Page 33 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(20)
Terms used in section 10(19) that are defined in the Homeowner
Protection Act will have the meanings given to them under that Act
when used in section 10(19).
(21)
Every permit is issued subject to the owner and constructor
maintaining compliance with the Homeowner Protection Act and
negotiations under it during the term of the permit.
Partial Construction
(22)
If a site has been excavated under a permit for excavation issued
under this bylaw and a permit is not subsequently issued for
construction of the building or structure to which the excavation
relates within 180 days (6 months) of completion of the excavation
or such a permit is issued but expires under section 11(45) but
without the construction of the building or structure for which the
permit was issued having commenced, the owner must fill in the
excavation to restore the original gradients of the site within 60
days of notice from the District to do so.
(23)
If a permit expires and partial construction has progressed, with no
extension requested of the building official under section 11(43),
permanent type fencing with privacy screen complying with the
zoning bylaw, must be erected around the building site for
protection to the public.
Conditions of a Permit
(24)
A permit or an application for a permit that is in process may not be
transferred or assigned until the owner has notified the building
safety department in writing and the building official has authorized
the transfer or assignment in writing and the owner has paid the
non-refundable fee required under the Fees and Charges Bylaw.
For clarity, a transfer or assignment of a permit is not an extension
of the permit.
(25)
The review of plans and supporting documents and issuance of a
permit do not prevent the building official from subsequently
requiring the correction of errors in the plans and supporting
documents, or from prohibiting building construction or occupancy
being carried on when in violation of this or another bylaw.
Inspections
(26)
If a registered professional provides letters of assurance in
accordance with this Part, the District will rely solely on field reviews
undertaken by the registered professional and the letters of
assurance submitted pursuant to this bylaw and the Building Code
as assurance that the construction substantially conforms to the
Building Bylaw No. 780, 2020 (consolidated)
Page 34 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
Building Code, this bylaw and other applicable enactments
respecting safety.
(27)
Despite section 11(26), 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.
(28)
A building official may attend periodically at the site of the
construction of simple buildings or structures to ascertain whether
the work related to construction, other than complex elements,
substantially conforms with the Building Code, this bylaw and any
other applicable enactments respecting safety.
(29)
For all construction in respect of simple buildings, other than
complex elements, the owner must give at least 3 business days
notice to the building safety department when requesting an
inspection and must obtain an inspection and receive a building
official's written acceptance of the following aspects of the work
related to construction prior to concealing them:
(a)
after demolition, the grading of and removal of debris from
the site;
(b)
excavation, within 2 business days of the start of excavation;
(c)
foundation and footing forms, before concrete is poured;
(d)
prior to inspection under section 11(29)(e), plumbing located
below the finished slab level;
(e)
the preparation of ground, including ground cover when
required, perimeter insulation on inside of concrete
foundation walls and reinforcing steel;
(f)
after inspection under section 11(29)(e) hydronic heating
pipes and below slab insulation;
(g)
installation of rough-in plumbing before it is covered;
(h)
installation of building services before being covered;
(i)
rough in of factory-built chimneys and fireplaces and solid
fuel and oil burning appliances;
(j)
framing, sheathing, fire stopping (including drywall in fire
separations), bracing, chimney and ductwork, rough wiring,
rough plumbing, rough heating, gas venting, exterior doors
and windows, but prior to the installation of insulation, interior
finishes, sheathing paper or exterior finishes which would
conceal such work related to construction;
Building Bylaw No. 780, 2020 (consolidated)
Page 35 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(k)
insulation and vapour barrier;
(l)
construction of an exterior deck if the deck serves as a roof;
(m)
on-site constructed tubs or showers and tub or shower trap
tests;
(n)
the installation of wall sheathing membrane, externally
applied vapour or air barrier, stucco wire or lath, and
flashings, but prior to the installation of exterior finishes
which could conceal such work related to construction; and
(o)
the health and safety aspects of the work and the
conservation, GHG emission reduction and accessibility
aspects of the work related to construction when the building
or structure is substantially complete, ready for occupancy
but prior to occupancy.
(30)
A building official will only carry out an inspection under section
11(29) if the owner, or the agent, has requested the inspection
online or in writing in accordance with this bylaw, and the District
staff must have the tenant, the landlord or another staff member
present when carrying out an inspection of an occupied dwelling
unit or an occupied secondary suite.
(31)
Despite the requirement for the building official's acceptance of the
work outlined in section 11(29), if a registered professional provides
letters of assurance, the building safety department may rely solely
on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to this bylaw as assurance
that the items identified on those letters of assurance substantially
comply with the Building Code, this bylaw and other applicable
enactments respecting safety and with the professional design and
the plans and documents submitted to the building safety
department in support of the permit application.
(32)
No person may conceal any aspect of the work referred to in
section 11(29) of this bylaw until a building official has accepted it in
writing.
(33)
For work related to construction pertaining to complex buildings, the
owner must give at least 3 business days notice online or written
notice to the building safety department or building official:
(a)
when requesting a preconstruction meeting with the building
official prior to the start of construction, to which the owner or
agent must ensure that the coordinating registered
professional, the constructor, as well as representatives of
major trades, are in attendance;
Building Bylaw No. 780, 2020 (consolidated)
Page 36 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
when requesting pre-occupancy coordinated by the
coordinating registered professional or another registered
professional, to:
(i)
have the owner, the constructor and the registered
professionals demonstrate to the building official and
fire inspector, the compliance with the health and
safety aspects of the work related to construction, the
coordination and integration of the fire and life safety
system, applicable District requirements and other
enactments respecting safety and the conservation,
GHG emission and accessibility aspects of the work;
and
(ii)
cause the coordinating registered professional, at
least 3 business days prior to the pre-occupancy,
deliver to the building official the District's permit
application form, complete with all documentation in a
hard covered three ring binder and in digital pdf
format on a memory stick.
Stop Work Order
(34)
A building official, with the assistance of a bylaw officer if available,
may direct the immediate suspension or correction of all or a
portion of the construction or alteration of a building or structure by
attaching a stop work order notice in the form described in the
District's permit application form on the premises whenever it is
found that the work is not being performed in accordance with the
requirements of the Building Code, this bylaw, or any other
applicable District of Sooke bylaws, or any applicable provincial or
federal enactments, codes or standards.
(35)
If a registered professional's services are terminated, the owner
must immediately stop any work related to construction that is
subject to design or field review and the building official is deemed
to have issued a stop work order under section 11(34).
(36)
The owner must immediately, after the posting of a notice under
section 11(34), secure the construction and the lands and premises
surrounding the construction in compliance with the safety
requirements of the Safety Measures at the Construction and
Demolition Sites in Part 8 of the Building Code, the applicable
requirements in Section 5.6-Construction and Demolition Sites of
the fire code, every stature, regulation or order of the Province or of
a provincial agency and of every applicable bylaw of the District.
Building Bylaw No. 780, 2020 (consolidated)
Page 37 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(37)
Subject to section 11(34), no work related to construction other than
the required remedial measures may be carried out on the parcel
affected by the notice referred to in section 11(34) until the stop
work order notice has been removed by the building official.
(38)
The notice referred to in section 11(34) must remain posted on the
premises until that which is contrary to the Building Code, this
bylaw,
or any applicable District bylaw, or any applicable provincial
or federal enactments, codes or standards has been remedied.
Do Not Occupy Notice
(39)
If a person occupies a building or structure or part of a building or
structure in contravention of this bylaw, a building official, with the
assistance of a bylaw officer if available, may post a Do Not Occupy
Notice in the form prescribed by the building official on the affected
part of the building or structure.
(40)
If a notice is posted under section 11(39), the owner of a parcel on
which a Do Not Occupy Notice has been posted, and every other
person, must cease occupancy of the building or structure
immediately and refrain from further occupancy until all applicable
provisions of the Building Code, this bylaw, or any other applicable,
District bylaw, or any applicable provincial or federal enactments,
codes or standards have been substantially complied with and the
Do Not Occupy Notice has been rescinded in writing by a building
official.
Inspection and Other Fees
(41)
In addition to the fees required under provisions of this bylaw, the
owner must pay the applicable non-refundable fee, both of which
are set out in the Fees and Charges Bylaw for:
(a)
a third, and each subsequent re-inspection where it has
been determined by the building official that due to non-
compliance with the provisions of this bylaw or due to non-
complying work, more than one site visit is required for any
required inspection;
(b)
a special inspection during the District's normal business
hours to establish the condition of a building, or if an
inspection requires special arrangements because of time,
location or construction techniques; and
(c)
inspection required under this bylaw which cannot be carried
out during the District's normal business hours.
Building Bylaw No. 780, 2020 (consolidated)
Page 38 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
Permit Expiration
(42)
Every permit expires and the rights of the owner under the permit
terminate if:
(a)
the work authorized by the permit is not commenced within
180 days (6 months) from the date of issuance of the permit;
(b)
work is discontinued for a period of 180 days (6 months); or
(c)
the work is not completed within two years of the date of
issuance of the permit.
Permit Extension
(43)
A building official may extend the period set out under section
11(42) for only one period, not to exceed twelve months, if the
building official is satisfied that construction has not been
commenced or has been discontinued due to adverse weather,
strikes, material or labour shortages; other similar hardship beyond
the owner's control; or if the size and complexity of the construction
warrants, if:
(a)
application for the extension is made at least 30 days (1
month) prior to the date of permit expiration; and
(b)
the non-refundable fee set out in the Fees and Charges
Bylaw has been paid.
Permit Revocation
(44)
A building official may, by providing written notice to the permit
holder revoke a permit if there is a violation of:
(a)
a condition under which the permit was issued; or
(b)
a requirement of the Building Code or of this or another
bylaw of the District.
Permit Cancellation
(45)
A permit, or a permit application, may be cancelled by the owner on
delivery of written notification of the cancellation to the building
safety department.
(46)
On receipt of the written cancellation notice, the building official
must mark on the application, and a permit if applicable, the date of
cancellation and the word "cancelled".
(47)
If:
(a)
a permit application or permit is cancelled; and
Building Bylaw No. 780, 2020 (consolidated)
Page 39 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
construction has not commenced under the permit; and
(c)
the owner has submitted a written request for a refund within
six (6) months of permit issuance,
the building official must return to the owner any fees deposited
under the Fees and Charges Bylaw, less:
(i)
any non-refundable portion of the fee; and
(ii)
15% of the refundable portion of the fee.
Occupancy
(48)
No person may occupy a building or structure or part of a building
or structure until an Occupancy Approval, or a Provisional
Occupancy (with a time limit and an expiry date) or final inspection
notice for the building or the part of the building has been issued by
a building official.
(49)
The owner shall provide to building safety department before
issuance of a final inspection notice for a complex building letters of
assurance in the form of Schedule C-A and C-B referred to in
subsection 2.2.7 Division C, of the Building Code, each signed by
such registered professionals as the building official or building
code may require.
(50)
The owner shall provide to the building safety department before
issuance of a final inspection notice for a simple building that
contains complex elements, letters of assurance for such complex
elements in the form of Schedule C-A and C-B referred to in
subsection 2.2.7 Division C, of the Building Code, each signed by
such registered professionals as the building official or building
code may require.
(51)
A final inspection notice for a building or part of a building will not
be issued unless:
(a)
all letters of assurance have been submitted when required
in accordance with this bylaw;
(b)
all aspects of the work related to construction pursuant to
sections 8(11) to 8(16) of this bylaw have both been
inspected and accepted or the inspections and acceptance
are not required in accordance with this bylaw;
(c)
the owner has delivered to the building safety department
as-built plans of construction and services in digital format as
required by the District;
Building Bylaw No. 780, 2020 (consolidated)
Page 40 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(d)
the owner has provided to the building safety department a
survey prepared by a British Columbia land surveyor
showing the building height, size, location and elevation
determined in accordance with the District's land use
regulations;
(e)
all other documentation required under applicable
enactments has been delivered to the building safety
department;
(f)
the owner has delivered to the building safety department
as-built drawings of the building or structure in digital format
as required by the District; and
(g)
without limiting sections 11(2) to 11(4), no person may
occupy a building unless the finished grade complies with all
applicable enactments.
(52)
When registered professional letters of assurance are required to
be provided to the building safety department in accordance with
this bylaw, the building safety department will rely solely on the
letters of assurance when issuing a final inspection notice as
assurance that the items identified on the letters of assurance
substantially comply with the Building Code, this bylaw and other
applicable enactments respecting safety and with the professional
design and the plans and documents submitted to the building
official in support of the permit application.
(53)
A building official may issue a final inspection notice for partial
occupancy of a portion of a building or structure under construction,
or a Provisional Occupancy (with a time limit and an expiry date)
when:
(a)
that portion of the building or structure is self-contained and
provided with essential services respecting health and safety
aspects of the work related to construction, and if applicable,
accessibility, GHG emissions and conservation; and
(b)
the requirements set out in section 11(51) have been met
with respect to it.
(54)
A final inspection notice may not be issued unless:
(a)
all letters of assurance required by this bylaw in relation to
the work under permit and the Confirmation of Required
Documentation described on the permit application form
have all been submitted when required in accordance with
the requirements of this bylaw;
Building Bylaw No. 780, 2020 (consolidated)
Page 41 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(b)
all aspects of the work requiring inspection and review
pursuant to Part 10 and sections 11(26) through 11(33) of
this bylaw have both been inspected and accepted;
(c)
the owner has executed and delivered to the building safety
department every agreement, instrument or form required by
the District in relation to the work or the site; and
(d)
all required offsite works respecting safety have been
completed.
Temporary Buildings
(55)
Subject to the bylaws of the District and orders of Council, a
building official may issue a permit for the erection or placement of
a temporary building or structure for occupancy if:
(a)
the permit is for a period not exceeding one year; and
(b)
the building or structure is located in compliance with the
zoning bylaw, built in compliance with the Building Code and
this bylaw, and connected, as required by enactments, to
District utility services.
(56)
An application for a permit for the erection or placement of a
temporary building or structure must be made in the form of a
temporary permit application in the form prescribed by the building
official, signed by the owner, or agent, and must include:
(a)
plans and supporting documents showing the location and
building height of the building or structure on the parcel;
(b)
plans and supporting documents showing construction
details of the building or structure;
(c)
a statement by the owner indicating the intended use and
duration of the use;
(d)
plans and supporting documents showing the proposed
parking and loading space;
(e)
a written description of the project explaining why the
building is temporary;
(f)
a copy of an issued development permit, if required.
(g)
in the case of a manufactured building, a Canadian Standard
Association (CSA) label in respect of manufacture and,
without limitation, a Quonset or other steel building must be
certified in accordance with CSA Standard A660;
Building Bylaw No. 780, 2020 (consolidated)
Page 42 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(h)
a report or drawing by an engineer, architect or designer
confirming compliance with the Building Code, this bylaw,
any other applicable District bylaw, and any other applicable
provincial or federal enactments, codes or standards;
(i)
security deposit in the form of cash or a letter of credit for
10% of the value of the temporary building, which:
(i)
may be used by the District to remove the building
after one year of the date of the final inspection
required under this bylaw; or
(ii)
must be returned to the owner if the owner removes
the temporary building within one year of the date of
the final inspection of the temporary building required
under this bylaw; and
(j)
in the case of a temporary building, information to comply
with article 1.1.1.1(2)(f), Division C, of the Building Code.
(57)
Before receiving a permit for a temporary building or structure for
occupancy, the owner must pay to the building safety department
the applicable permit fee set out in the Fees and Charges bylaw.
(58)
A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
(59)
During the time a permit has been issued and remains valid under
this bylaw, the owner must provide on the parcel of land in respect
of which the permit has been issued, sanitary facilities for the
disposal of human waste for individual persons who enter on the
parcel in relation to the work referred to in the permit, which
facilities must be accessible and unlocked when not occupied while
work related to construction is being carried out on the parcel under
this bylaw, and every sanitary facility that is not connected to a:
(a)
sanitary sewer; or
(b)
septic disposal system approved under the Health Act,
by plumbing that complies with the building and plumbing code
requirements and this bylaw, must be provided, at all times the
facility is required under this bylaw, with toilet paper, a locking door
for privacy, and ventilation, and must be kept in sanitary condition
without leaking beyond the facility and without overflowing within
the facility. Such facilities must be located so as not to create a
nuisance to neighbouring parcels or highways.
Building Bylaw No. 780, 2020 (consolidated)
Page 43 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
PART 12: RETAINING WALL, SEAWALLS AND GRADES
12.
(1)
No person may construct, or structurally alter, a retaining wall or
seawall that is 1.2 meters or more in height, without a building
permit. [NOTE: A retaining wall or seawall shall be independent of a
foundation wall]
(2)
Except as certified by a BC registered professional engineer with
expertise in geotechnical engineering, fill material placed on a
parcel, unless restrained by permitted retaining walls or seawalls,
must not have a surface slope exceeding a ratio of one linear unit
vertically to two linear units horizontally.
(3)
Without limiting section 12(2), no person may occupy a building
unless the finished grade complies with all applicable enactments.
PART 13: BUILDING MOVE
13.
(1)
No person may move a building or structure into or within the
District:
(a)
except where certified by a registered professional that the
building, including its foundation, will substantially comply
with the current version of the Building Code; and
(b)
a permit has been issued for the building or structure.
PART 14: NUMBERING OF BUILDINGS
14.
(1)
Immediately upon issuance of a permit for the construction or
alteration of a building, or prior to and during the occupancy of a
building, the owner or occupant must display the address number
assigned to it by the District:
(a)
on or over the entrance to the building or where landscaping
or structures obscure the visibility of a building entrance from
the adjacent highway, on the building property within sight of
the adjacent highway; and
(b)
until such time as the building is removed from the site or
has been demolished.
(2)
Despite section 14(1), the District's Director of Planning &
Development may renumber or alter the assigned numbers in
respect of any building on any parcel, including those already in
existence or numbered.
Building Bylaw No. 780, 2020 (consolidated)
Page 44 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(3)
Without limiting sections 14(1) or 14(2), the building safety
department must, on the issuance of a permit, designate a house
number or set of house numbers related to the building authorized
by the permit. The owner or occupier must post the number or
numbers on the site immediately after obtaining the permit and
must keep the numbers posted in a conspicuous location at all
times during construction.
(4)
Without limiting sections 14(1) through 14(3), on issuance of a final
inspection notice, the owner or occupier of the parcel must affix the
numbers permanently in a conspicuous place on the building such
that the number is visible from an adjacent highway that is not a
lane.
PART 15: POOLS
Swimming Pool Permit and Fencing
15.
(1)
Without limiting section 6(1) of this bylaw, a person must not
construct a swimming pool without a valid and subsisting building
permit.
(2)
A swimming pool, including a spa or hot tub must be enclosed
within a fence constructed without footholds or grips that children
may use to climb into the enclosed area, having a minimum height
of 2 metres and no openings greater than 100 mm at their greatest
dimension.
Pool Gate
(3)
Access through a fence enclosing a swimming pool, spa or hot tub
must be only through a self-closing and self-latching gate designed
and constructed or installed so as to cause the gate to return to a
closed position when not in use and secured by a latch located on
the swimming pool, spa or hot tub side of the gate at the highest
practical point.
Spa or Hot Tub Lid
(4)
In lieu of a fence, a spa or hot tub may be covered with a locking
cover that prevents unauthorized access to the water.
Maintenance
(5)
A person may not use a swimming pool, including a spa or hot tub
unless the owner or occupier of property on or in which a pool, spa
or hot tub is located maintains every fence or cover required under
sections 15(2) to 15(4) in good order and without limitation,
Building Bylaw No. 780, 2020 (consolidated)
Page 45 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
maintains and repairs in good order at all times all sagging gates,
loose parts, torn mesh, missing materials, worn latches, locks or
broken or binding members.
Leaks or Other Failures
(6)
A person may not obtain a valid and subsisting building permit for,
or use a swimming pool, without first delivering to the building
safety department at the time of the permit application an opinion of
a registered professional that the design of the pool will not cause
or result in leaks or other failures of the pool.
PART 16: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
16.
(1)
In relation to the conservation of energy and the reduction of GHG
emissions, the District incorporates by reference the energy step
code in accordance with sections 16(2) through 16(4).
(2)
For the years 2022 - 2027:
(a)
A building, which is a wood framed residential building six
(6) stories or less in building height, or regulated by Part 9 of
the Building Code, must be designed and constructed to
meet the minimum performance requirements specified in
step three (3) of the Energy Step Code; or
(b)
All other buildings regulated by Part 3 of the Building Code,
must be designed and constructed to meet the minimum
performance requirements specified in step two (2) of the
Energy Step Code.
(3)
For the years 2027 - 2032:
(a)
A building which is a wood framed residential building six (6)
stories or less in building height, or regulated by Part 9 of the
Building Code, must be designed and constructed to meet
the minimum performance requirements specified in step four
(4) of the Energy Step Code; or
(b)
All other buildings regulated by Part 3 of the Building Code,
must be designed and constructed to meet the minimum
performance requirements specified in step three (3) of the
Energy Step Code
(4)
For the year years 2032 onward:
(a)
A building which is a wood framed residential building six (6)
stories or less in building height, or regulated by Part 9 of the
Building Code, must be designed and constructed to meet
Building Bylaw No. 780, 2020 (consolidated)
Page 46 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
the minimum performance requirements specified in step five
(5) of the Energy Step Code; or
(b)
All other buildings regulated by Part 3 of the Building Code,
must be designed and constructed to meet the minimum
performance requirements specified in step four (4) of the
Energy Step Code.
PART 17: OFFENCES
Violations
17.
(1)
Without limiting Part 5 of this bylaw, every person who:
(a)
violates a provision of this bylaw;
(b)
permits, suffers or allows any act to be done in violation of
any provision of this bylaw; and
(c)
neglects to do anything required to be done under any
provision of this bylaw,
commits an offence and on summary conviction by a court of
competent jurisdiction, the person is subject to a fine of not more
than $50,000.00, or a term of imprisonment not exceeding three
months, or both, in addition to the costs of prosecution. Each day
during which a violation, contravention or breach of this bylaw
continues is deemed to be a separate offence.
(2)
Every person who fails to comply with any administrative issued by
a building official, or who allows a violation of this bylaw to continue,
contravenes this bylaw.
(3)
Every person who commences work requiring a permit without first
obtaining such a permit must, if a Stop Work notice is issued and
remains outstanding for 30 days, pay an additional charge as
outlined in the Fees and Charges Bylaw.
Deemed Offence
(4)
An owner is deemed to have knowledge of and be liable under this
bylaw in respect of any construction on the parcel the owner owns
and any change in the use, occupancy or both of a building or
structure or part of a building or structure on that parcel.
(5)
No person is deemed liable under section 17(4) who establishes, on
a balance of probabilities, that the construction or change of use or
occupancy occurred before becoming the owner of the parcel.
Building Bylaw No. 780, 2020 (consolidated)
Page 47 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
(6)
Nothing in section 17(5) affects:
(a)
the District's right to require and the owner's obligation to
obtain a permit; and
(b)
the obligation of the owner to comply with this bylaw.
Ticketing
(7)
Enforcement Officers, offences, and fines are as designated by the
Municipal Ticketing Information Bylaw.
(8)
This bylaw may be enforced by means of a ticket in the form
prescribed for the purpose of s. 264 of the Community Charter.
PART 18: REPEAL
Building Regulation Bylaw No. 70, 2001, as amended, is hereby repealed.
Sooke Numbering of Buildings Extended Service Establishment Bylaw No. 2105,
1993 (a Capital Regional District bylaw continued as a District of Sooke Bylaw
pursuant to Letters Patent No. 1159, dated December 7, 1999), is hereby repealed.
Read a FIRST and SECOND time the 23 day of November, 2020.
Read a THIRD time the 25 day of January, 2021.
ADOPTED the 8 day of February, 2021.
_____________________________ _____________________________
Maja Tait
Carolyn Mushata
Mayor
Corporate Officer
Building Bylaw No. 780, 2020 (consolidated)
Page 48 of 48
UNOFFICIAL DOCUMENT CONSOLIDATED VERSION JULY 11, 2022
Schedule 1 - Fines
[DELETED BY BUILDING AMENDMENT BYLAW NO. 849, 2022]