Bylaw 2009, 2020 Building Bylaw CONSOLIDATED_May_2022.pdf
Spallumcheen, British Columbia
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Township of Spallumcheen Building Bylaw No.
2009, 2020
THIS PAGE IS LEFT INTENTIONALLY BLANK
Township of Spallumcheen Building Bylaw No. 2009, 2020
TOWNSHIP OF SPALLUMCHEEN
BUILDING BYLAW NO. 2009, 2020
CONSOLIDATED WITH AMENDMENTS FOR CONVENIENCE ONLY
AMENDMENT BYLAWS:
TEXT AMENDMENTS
MAPPING AMENDMENTS
Bylaw No.
Adopted
Bylaw No.
Adopted
Bylaw No. 2057, 2022
Feb 7, 2022
Township of Spallumcheen Building Bylaw No. 2009, 2020
TABLE OF CONTENTS
SECTION ONE - SCOPE AND APPLICABILITY ........................................................................ 6
101
CITATION .............................................................................................................. 6
102
SCHEDULES ......................................................................................................... 6
103
PURPOSE OF BYLAW ......................................................................................... 6
104
PERMIT CONDITIONS ......................................................................................... 7
105
SCOPE AND GENERAL EXEMPTIONS .............................................................. 7
SECTION TWO - INTERPRETATION ......................................................................................... 9
SECTION THREE - PROHIBITION AND ENFORCEMENT ...................................................... 13
301
PROHIBITIONS .................................................................................................. 13
302
GENERAL PENALTIES ...................................................................................... 13
303
'STOP WORK ORDER' NOTICE ........................................................................ 14
304
'DO NOT OCCUPY' NOTICE.............................................................................. 14
305
NOTICE ON TITLE.............................................................................................. 14
SECTION FOUR - BUILDING OFFICIALS ............................................................................... 15
SECTION FIVE - RESPONSIBILITIES OF THE OWNER ......................................................... 16
SECTION SIX - GENERAL PROVISIONS FOR BUILDING PERMIT APPLICATIONS ........... 17
601
GENERAL PROVISIONS.................................................................................... 17
602
APPLICATION EXEMPTIONS............................................................................ 17
603
MANUFACTURED HOMES ................................................................................ 18
604
PROFESSIONAL DESIGN AND FIELD REVIEW .............................................. 18
605
CLIMATE DATA ................................................................................................. 19
606
WATER METERS ............................................................................................... 19
607
EVIDENCE OF POTABLE WATER SUPPLY .................................................... 19
608
SEWAGE DISPOSAL ......................................................................................... 21
609
CONSTRUCTION PLANS .................................................................................. 21
610
ROOF AND FOUNDATION DRAINAGE PLAN ................................................. 22
611
SITE PLAN .......................................................................................................... 22
612
SURVEY CERTIFICATE REQUIRED ................................................................. 23
613
ENERGY CONSERVATION AND GHG EMISSION REDUCTION .................... 24
SECTION SEVEN - SPECIFIC PROVISIONS FOR BUILDING PERMIT
APPLICATIONS ............................................................................................................. 25
701
APPLICATION FOR A SIMPLE BUILDING OR A STRUCTURE ...................... 25
702
SPECIFIC REQUIREMENTS FOR STRUCTURES ............................................ 25
703
APPLICATION FOR A COMPLEX BUILDING ................................................... 26
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS ................................................. 27
801
BUILDING PERMIT ............................................................................................ 27
802
BUILDING PERMIT FEES .................................................................................. 27
803
PROFESSIONAL PLAN CERTIFICATION AND PERMIT ................................. 28
804
PHASED BUILDING PERMIT ............................................................................. 28
805
BUILDING PERMIT EXPIRED ............................................................................ 28
Township of Spallumcheen Building Bylaw No. 2009, 2020
806
BUILDING PERMIT REVOKED .......................................................................... 29
807
BUILDING PERMIT RENEWAL ......................................................................... 29
808
OCCUPANCY PERMIT REQUIRED ................................................................... 29
809
PROVISIONAL OCCUPANCY PERMIT ............................................................. 30
SECTION NINE - BUILDING INSPECTIONS ............................................................................ 31
901
COMPLEX BUILDINGS ...................................................................................... 31
902
SIMPLE BUILDINGS OR STRUCTURES .......................................................... 31
903
INSPECTIONS REQUIRED ................................................................................ 31
SECTION TEN - DEMOLITION PERMIT AND APPLICATION ................................................. 34
1001
APPLICATION .................................................................................................... 34
1002
EXEMPTIONS ..................................................................................................... 34
1003
DEMOLITION PERMIT ....................................................................................... 34
1004
DEMOLITION DEPOSIT ..................................................................................... 34
SECTION ELEVEN - MOVING PERMIT AND APPLICATION ................................................. 36
1101
APPLICATION .................................................................................................... 36
1102
EXCEPTIONS ..................................................................................................... 36
1103
MOVING PERMIT ............................................................................................... 36
1104
MOVING DEPOSIT ............................................................................................. 37
SECTION TWELVE - BYLAW REPEAL, READINGS, AND ADOPTION ................................. 38
1201
SEVERABILITY .................................................................................................. 38
1202
REPEAL BYLAWS ............................................................................................. 38
SCHEDULE "A" TO BYLAW NO. 2009, 2020 - TOWNSHIP OF SPALLUMCHEEN
CLIMATE VALUES ......................................................................................................... 39
Page 6
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION ONE - SCOPE AND APPLICABILITY
WHEREAS the Township of Spallumcheen Council has authority under Part 3, Division 8 of the
Community Charter and section 694(1) Part 9 Division 1 of the Local Government Act for the
health, safety and protection of persons and property, to by bylaw, establish regulations for a
building inspection service and other related regulations.
(Bylaw 2057, 2022)
AND WHEREAS the Province of British Columbia has adopted a Building Code to govern
standards with respect to the construction, alteration, repair and demolition of buildings in
municipalities and regional districts.
AND WHEREAS it is deemed necessary to provide for the administration of the British
Columbia Building Code.
NOW THEREFORE, the Council of the Township of Spallumcheen, in an open meeting
assembled, enacts as follows:
101
CITATION
This bylaw may be cited as the "Township of Spallumcheen Building Bylaw 2009, 2020".
102
SCHEDULES
The following schedule is attached to and forms part of this bylaw:
Schedule "A"
Climate Values
103
PURPOSE OF BYLAW
1. This Bylaw shall, notwithstanding any other provision herein, be interpreted in
accordance with Section 103.2.
2. This Bylaw is enacted and retained for the purpose of regulating construction in the
general public interest within the area where this Bylaw has force and effect. The
activities undertaken by or on behalf of the Township of Spallumcheen pursuant to
this Bylaw are for the sole purpose of providing a limited spot check for health, safety
and the protection of persons and property. The purpose of this Bylaw does not
include:
a. the protection of owners, owner/builders or constructors from economic loss;
b. the assumption by the Township of Spallumcheen of any responsibility for
ensuring the compliance by any owners, his or her representatives or any
employees, constructors or designers retained by him or her, with the Building
Code, the requirements of this Bylaw or any other applicable codes or standards;
c. providing any person a warranty of design or workmanship with respect to any
building or structure for which a permit is issued under this Bylaw; or
d. providing a warranty or assurance that construction undertaken pursuant to
building permits issued by the Township of Spallumcheen is free from latent, or
any other defects.
SECTION ONE - SCOPE AND APPLICABILITY
Page 7
Township of Spallumcheen Building Bylaw No. 2009, 2020
104
PERMIT CONDITIONS
1. A permit is required whenever work regulated under this Bylaw is to be undertaken.
2. Neither the issuance of a permit under this Bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections made
by or on behalf of the Township of Spallumcheen shall in any way relieve the owner
or his or her representative from full and sole responsibility to perform the work in
strict accordance with the Building Code, this Bylaw and all other codes, standards
and applicable enactments.
3. It shall be the full and sole responsibility of the owner, and where the owner is acting
through a representative, the representative, to carry out the work in respect of which
the permit was issued in compliance with the Building Code, this Bylaw and all other
applicable codes, standards and enactments.
4. Neither the issuance of a permit under this Bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections made
by or on behalf of the Township of Spallumcheen constitute in any way a
representation, warranty, assurance or statement that the Building Code, this Bylaw
or any other applicable codes, standards or enactments have been complied with.
105
SCOPE AND GENERAL EXEMPTIONS
1. This Bylaw applies to the design, construction and occupancy of new buildings and
structures; the alteration, reconstruction, demolition, removal, relocation and
occupancy of existing buildings and structures; and the installation of plumbing
works.
2. As a general exemption to all regulations of this Bylaw, this Bylaw does not apply to:
a. buildings or structures exempted by Part 1 of the Building Code except as
expressly provided herein;
b. accessory buildings less than 10 square metres in building area that do not
create a hazard, on the condition that the building is sited in accordance with the
Township of Spallumcheen Zoning Bylaw;
c. accessory and agricultural buildings which are less than 55 m2 in size, are no
higher than one storey (6 metres) in height, do not contain plumbing; meet the
requirements of the Zoning Bylaw; and are located in rural zones pursuant to the
Township of Spallumcheen Zoning Bylaw namely Small Holdings (S.H.), Country
Residential (C.R.), Agricultural (A.2), and Large Holdings (L.H.).
d. retaining structures 1.2 metres in height or less;
e. fences;
f.
non-structural repairs or alterations to a building or structure or the repair or
replacement of plumbing works;
g. bridges, except pedestrian and vehicle bridges attached to buildings;
h. docks or wharves, except where a building is constructed on a dock or wharf;
i.
deck additions, except a deck where the difference in elevation between the deck
surface and the ground surface at any point is 0.6 metres or more and on the
condition that the deck is sited in accordance with the Township of Spallumcheen
Zoning Bylaw;
SECTION ONE - SCOPE AND APPLICABILITY
Page 8
Township of Spallumcheen Building Bylaw No. 2009, 2020
j.
greenhouses or other similar structures covered by a polyethylene film and
intended to be used only for storage purposes or the production of agricultural
products; on the condition that the structure is sited, and the uses are in
accordance with the Township of Spallumcheen Zoning Bylaw;
k. travel trailers and similar recreational vehicles within a commercial campground
as designated by the Township of Spallumcheen;
l.
site services within a manufactured home park or a commercial campground as
designated by the Township of Spallumcheen; nor
m. site services for a bare land strata development under the Strata Property Act.
Page 9
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION TWO - INTERPRETATION
In this Bylaw the following words and terms have the meanings as set out in the BC Building
Code:
-
alteration
-
assembly occupancy
-
basement
-
building
-
building area
-
building height
-
business and personal service occupancy
-
chimney
-
care or detention occupancy
-
co-ordinating registered professional
-
constructor
-
dwelling unit
-
designer
-
grade
-
field review
-
industrial occupancy
-
foundation
-
major occupancy
-
high hazard industrial occupancy
-
mercantile occupancy
-
low hazard industrial occupancy
-
owner
-
medium hazard industrial occupancy
-
storey
-
occupancy
-
residential occupancy
-
water system
In this bylaw, unless the context otherwise requires:
AGRICULTURAL BUILDING means a building or structure, the use or intended use of which is
agricultural and specifically includes providing for the growing, rearing, producing, and
harvesting of agricultural products; includes the preliminary grading of such products for
shipment, and specifically includes riding stables, dog kennels, nurseries, greenhouses, and the
keeping of pigeons, doves, or other animal or birds of the like kind, feed lots, fish farms,
piggeries, mushroom growing, and the keeping of bees, horses, sheep, goats, dairy cows, fur
bearing animals, rabbits, poultry or other animals or birds of like kind;
BC ENERGY STEP CODE means the requirements set out in Section 613 of this Bylaw
and Division B, Part 9 and 10 of the BC Building Code;
(Bylaw 2057, 2022)
BUILDING CODE means "The British Columbia Building Code" as adopted by the Minister of
Energy, Mines and Natural Gas and Minister Responsible for Housing and Deputy Premier
pursuant to Section 692 of the Local Government Act, as amended or re-enacted from time to
time;
BUILDING CODE means British Columbia Building Code as adopted by the Minister
responsible under Provincial legislation, as amended or re-enacted from time to time;
(Bylaw 2057, 2022)
BUILDING ENERGY LABEL means information about a building's energy use, efficiency
ratings, how the rating was calculated and where energy is consumed in the building
which is posted in a location that is protected from moisture and damage;
(Bylaw 2057, 2022)
BUILDING OFFICIAL includes the Chief Building Inspector, Building Inspectors, Plan Checkers
and Building Technicians retained by the Township of Spallumcheen;
CHIEF ADMINISTRATIVE OFFICER means that person retained by the Township of
SECTION TWO - INTERPRETATION
Page 10
Township of Spallumcheen Building Bylaw No. 2009, 2020
Spallumcheen in that position;
CISTERN SYSTEM means a private water system consisting of facilities for the storage and
distribution of potable water which is supplied by the collection and treatment of surface,
groundwater or delivered water and includes all tanks, reservoirs, pipes, pumps, power supplies
and mechanical and plumbing components of such a water system;
CIVIC USE means a use as may be defined by the Township of Spallumcheen Zoning Bylaw;
CLASS OF OCCUPANCY means the major occupancy group for which a building or part
thereof is used or intended to be used according to the classification set out in the Building
Code;
COMMUNITY SANITARY SEWAGE SYSTEM means a system of works which is established
and operated in accordance with provincial legislation and regulations that may apply, for the
collection, treatment and disposal of sanitary sewage;
COMMUNITY WATER SYSTEM means a system of works, which is established and operated
in accordance with provincial legislation and regulations that may apply, for the provision of
water to more than one single family residence, and which is owned, operated and maintained
by the Township of Spallumcheen, a Strata Corporation, Improvement District, Irrigation District,
Water Utility, Water Users' Community, or other body;
COMPLEX BUILDING means those buildings to which Part 3 of the Building Code applies and
specifically includes:
a. all buildings used for major occupancies classified as:
i.
assembly occupancies;
ii. care or detention occupancies; and
iii. high hazard industrial occupancies;
b. all buildings exceeding 600 square metres in building area or exceeding three storeys in
building height used for major occupancies classified as:
i.
residential occupancies;
ii. business and personal services occupancies;
iii. mercantile occupancies; and
iv. medium and low hazard industrial occupancies;
CONSTRUCTION VALUE means the total cost of a proposed building or structure determined
from an executed construction contract or an estimated value of the building or structure
established by the Building Official in the absence of a contract;
ENERGY ADVISOR means a person who is registered as an energy advisor with Natural
Resources Canada;
(Bylaw 2057, 2022)
FEES means the schedule of fees prescribed in the Township of Spallumcheen Fees and
Charges Bylaw;
FEES AND CHARGES BYLAW means the current Township of Spallumcheen Fees and
Charges Bylaw as amended from time to time;
SECTION TWO - INTERPRETATION
Page 11
Township of Spallumcheen Building Bylaw No. 2009, 2020
FLOOR AREA means the space on any story of a building between the exterior walls including
the space occupied by interior walls and partitions, but not including the floor area of
basements, attached garages, sheds, open porches, or breezeways;
GHG means greenhouse gas, which is defined in the Climate Change Accountability Act,
as amended or re-enacted from time to time;
(Bylaw 2057, 2022)
HEALTH AND SAFETY ASPECTS OF THE WORK means design and construction regulated
by Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22,
9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of the Building Code;
HOLDING TANK SEWAGE DISPOSAL PERMIT means a permit issued pursuant to the
Township of Spallumcheen Holding Tank Sewage Disposal Bylaw No. 1212, 1990;
MUNICIPAL TICKET INFORMATION means the current Township of Spallumcheen Municipal
Ticket Information Bylaw, as amended from time to time;
OFFICIAL COMMUNITY PLAN means a bylaw adopted pursuant to Section 876 of the Local
Government Act by the Township of Spallumcheen;
OFFICIAL COMMUNITY PLAN means a bylaw adopted pursuant to Section 472 of the
Local Government Act by the Township of Spallumcheen;
(Bylaw 2057, 2022)
REGISTERED PROFESSIONAL means:
a. a person who is registered or licensed to practice as an architect under the Architects Act
and has experience in the practice of architecture; or
b. a person who is registered or licensed to practice as a professional engineer under the
Engineers and Geoscientists Act and has experience in the relevant branch of engineering
or geoscience;
RE-INSPECTION means any additional inspection required as a result of faulty or deficient
work, work not completed or work covered-up prior to inspection;
REPRESENTATIVE means a person authorized by a property owner to represent the owner
where permitted by this Bylaw;
RETAINING STRUCTURE means a structure that is subject to lateral earth pressure, is laterally
unsupported at the top and retains more than 1.2 metres of soil material measured as the
difference between the finished grade at the top and bottom of the structure;
SIGN means a structure that is subject to the Township of Spallumcheen Zoning Bylaw in
respect of signs enacted by the Township of Spallumcheen;
SIMPLE BUILDING means those buildings to which Part 9 of the Building Code applies; being
buildings of three storeys or less in building height, having a building area not exceeding 600
square metres and used for major occupancies classified as:
a. residential occupancies;
b. business and personal services occupancies;
SECTION TWO - INTERPRETATION
Page 12
Township of Spallumcheen Building Bylaw No. 2009, 2020
c. mercantile occupancies; or
d. medium and low hazard industrial occupancies;
SPECIAL INSPECTION means an inspection not listed in Section 903.2 including inspection of
a building site, a building to be moved, an existing building for the purpose of change in
occupancy classification or where a permit has expired;
STRUCTURE means constructed works of any kind, whether fixed to, supported by or sunk into
land or water; but specifically excludes landscaping, fences, flag poles, patios, paving and
retaining structures 1.2 metres in height or less;
SWIMMING POOL means any constructed or pre-fabricated structure for holding water for the
purpose of bathing or swimming having a surface area of more than 15.0 square metres and a
depth of more than 0.5 metres;
TOWNSHIP OF SPALLUMCHEEN means the Corporation of the Township of Spallumcheen, a
municipality, as described in its Letters Patent; and
ZONING BYLAW means a bylaw adopted by the Township of Spallumcheen pursuant to
Section 903 of the Local Government Act.
ZONING BYLAW means a bylaw adopted by the Township of Spallumcheen pursuant to
Section 479 of the Local Government Act.
(Bylaw 2057, 2022)
Page 13
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION THREE - PROHIBITION AND ENFORCEMENT
301
PROHIBITIONS
1. No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal or relocation of any building or structure, or other work related to
construction, unless a Building Official has issued a permit for the work as outlined in
this Bylaw.
2. No person shall install a manufactured home unless a Building Official has issued a
permit for the work as outlined in this Bylaw.
3. No person shall change the Class of Occupancy of an existing building contrary to
this Bylaw, the Building Code, the Local Government Act or any other applicable
bylaw or Provincial statute unless a Building Official has issued a permit for the
change as outlined in this Bylaw.
4. No person shall move a building or structure unless a Building Official has issued a
permit for the moving of the building or structure as outlined in this Bylaw.
5. No person shall demolish a building or structure unless a Building Official has issued
a permit for the demolition as outlined in this Bylaw.
6. No person shall erect a sign structure unless a Building Official has issued a permit
for the sign structure as outlined in this Bylaw.
7. No person shall submit any false or misleading information in an application for a
permit or in regards to any other submissions as outlined in this Bylaw.
8. No person shall do any work that is at variance with the approved design, plans or
specifications of a building, structure or other works for which a permit has been
issued unless that variance has been approved in writing by a Building Official.
9. No person shall occupy or use any building or structure unless an Occupancy Permit
or Provisional Occupancy Permit has been issued by a Building Official for the
building or structure.
10. No person shall occupy or use any building or structure contrary to the terms of any
permit issued or any notice given by a Building Official.
11. No person shall, unless authorized in writing by a Building Official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit, or certificate
posted upon or affixed to a building or structure pursuant to this Bylaw.
12. No person shall obstruct the entry of a Building Official or other authorized official of
the Township of Spallumcheen on property in the administration and enforcement of
this Bylaw.
302
GENERAL PENALTIES
1. Every person who contravenes any provision of this Bylaw commits an offence
punishable on summary conviction and shall be liable to either short form
DIVISION THREE - PROHIBITION AND ENFORCEMENT
Page 14
Township of Spallumcheen Building Bylaw No. 2009, 2020
prosecution as outlined in the Township of Spallumcheen Municipal Ticket
Information Bylaw, as amended from time to time, or long form prosecution which
may include a fine of not more than $10,000.00 or to imprisonment for not more than
six months.
2. Each day during which a violation is continued shall be deemed to constitute a new
and separate violation.
303
'STOP WORK ORDER' NOTICE
1. A Building Official may order cessation of any work that is proceeding in
contravention of the Building Code, this Bylaw or a permit issued pursuant to this
Bylaw by posting a 'Stop Work Order' notice in the form provided by the Township of
Spallumcheen.
2. The owner of property on which a 'Stop Work Order' notice has been posted, and
every other person, shall cease all construction work immediately and shall not do
any work other than work expressly authorized or required by the Building Official,
until all applicable provisions of this Bylaw have been complied with and the 'Stop
Work Order' notice has been rescinded by a Building Official.
3. Every owner who commences work requiring a permit without first obtaining such a
permit shall, if a 'Stop Work Order' notice is issued, pay a penalty equal to double the
permit fee for construction valued up to $1,000,000 (one million dollars), such
penalty not to exceed $1,500 (one thousand five hundred dollars) and 15% (fifteen
percent) of the Building Permit fee for construction valued at $1,000,000 (one million
dollars) or more, such penalty not to exceed $15,000 (fifteen thousand dollars) prior
to obtaining the required permit. Construction work shall be deemed to have
commenced when:
a. concrete pouring or other foundation work related to construction has begun;
b. a building or manufactured home has been moved onto its new location;
c. a concrete slab, which is intended to be part of a building or structure, has been
poured; or
d. equivalent work is in place when other building systems are used.
304
'DO NOT OCCUPY' NOTICE
1. Where a person occupies a building or structure or part of a building or structure in
contravention of this Bylaw a Building Official may post a 'Do Not Occupy' notice in
the form provided by the Township of Spallumcheen on the affected part of the
building or structure.
2. The owner of property on which a 'Do Not Occupy' notice has been posted, and
every other person, shall cease occupancy of the building or structure immediately
and shall refrain from further occupancy until all applicable provisions of this Bylaw
have been complied with and the 'Do Not Occupy' notice has been rescinded by a
Building Official.
305
NOTICE ON TITLE
1. Upon payment of the Administrative Charge as specified in the Township of
Spallumcheen Fees and Charges Bylaw, an owner of land with respect to which a
DIVISION THREE - PROHIBITION AND ENFORCEMENT
Page 15
Township of Spallumcheen Building Bylaw No. 2009, 2020
'Notice on Title' has been filed pursuant to Section 57 of the Community Charter may
apply to the Building Inspection Department for a report concerning the cancellation
of the Notice as provided in Section 58 of the Community Charter.
SECTION FOUR - BUILDING OFFICIALS
401
The Chief Administrative Officer and the Building Official shall administer this Bylaw.
402
Building Officials:
1. Shall keep records of any applications; permits, and notices issued; inspections and
tests made; and shall retain copies of all documents related to the administration of
this Bylaw for a period as may be established by Township of Spallumcheen policy
from time to time;
2. May, if requested to do so and upon payment of the Evaluation Fee specified in the
Township of Spallumcheen Fees and Charges Bylaw, review evidence to consider
whether new or alternative types of materials, products or methods of construction
used in the construction of a building or structure substantially conform to the
requirements of the Building Code;
3. May undertake an equivalency evaluation to determine the suitability and if
appropriate, approve the use of equivalent materials, appliances, systems,
equipment, methods of design and construction procedures under the terms and
conditions as specified in the Building Code;
4. May determine the compliance of an application with this Bylaw, the Building Code,
the Local Government Act, Community Charter or any other applicable bylaw
enacted by the Township of Spallumcheen or Provincial statute;
5. May enter any land, building or premises at any reasonable time for the purpose of
ascertaining that the terms of this Bylaw are being observed;
6. Shall, where any residence is occupied, obtain the consent of the occupant or
provide written notice to the occupant 24 hours in advance of entry;
7. Shall carry credentials confirming his or her status as a Building Official;
8. May order the correction of any work that is being or has been done in contravention
of the Building Code, this Bylaw or any permit issued pursuant to this Bylaw; and
9. May issue or refuse to issue a permit, notice or certificate as outlined in this Bylaw;
under terms as outlined in this Bylaw, the Building Code, the Local Government Act,
Community Charter or any other applicable bylaw enacted by a Township of
Spallumcheen or Provincial statute.
Page 16
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION FIVE - RESPONSIBILITIES OF THE OWNER
501
Every owner:
1. Shall ensure that all work in respect of which a permit has been issued complies with
the permit, the Building Code, this Bylaw and all other applicable codes, standards
and enactments respecting safety;
2. To whom a permit is issued pursuant to this Bylaw, shall be responsible for the cost
of repair of any damage to public works or public property that occurs in the course
of construction works;
3. Shall allow a Building Official to enter the property at any reasonable time or times
for the purpose of administering or enforcing this Bylaw;
4. Shall immediately stop work on a building or structure in respect to which a Building
Official has posted a 'Stop Work Order' notice;
5. Shall obtain from a Building Official written permission to resume construction that
has been suspended by a 'Stop Work Order' notice;
6. Shall immediately vacate the building or portion of a building in respect to which a
Building Official has posted a 'Do Not Occupy' notice;
7. Shall obtain from a Building Official written permission to resume occupancy of a
building after the issuance of a 'Do Not Occupy' notice;
8. Before the commencement of any on-site construction work, shall obtain:
a. a permit as specified in Sections 601.1, 1001.1 and 1101.1 of this Bylaw,
b. a permit as specified in this Bylaw relating to a proposed change in the Class of
Occupancy of an existing building or part of it,
c. any other permit or approval as required in this Bylaw in connection with the
proposed work;
9. Shall obtain an inspection and approval of the construction works as indicated on a
permit or as provided in Section Nine of this Bylaw;
10. To whom a building permit is issued, shall obtain from a Building Official an
Occupancy Permit as provided in this Bylaw; and
11. To whom a permit is issued, shall during construction keep a copy of the approved
designs, plans and specifications on the property; keep the permit posted in a
conspicuous place on the property; and post the civic address on the property in a
location that is readable from the frontage public road.
Page 17
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION SIX - GENERAL PROVISIONS FOR BUILDING PERMIT
APPLICATIONS
601
GENERAL PROVISIONS
1. Every owner shall apply for and obtain a permit before:
a. constructing, or undertaking structural repair or alteration of a building or
structure related to the inspections undertaken pursuant to this Bylaw as outlined
in Section Nine;
b. installing plumbing systems related to the inspections undertaken pursuant to this
Bylaw as outlined in Section Nine;
c. constructing a new masonry chimney, installing a new metal chimney for a solid
fuel burning appliance or installing a new solid fuel burning appliance; or
d. constructing works on a property to which a building or manufactured home is to
be moved.
2. Each building or structure to be constructed on a parcel requires a separate
application for a permit and shall be assessed a separate application fee as
determined in accordance with the Township of Spallumcheen Fees and Charges
Bylaw. The Application Fee is non-refundable.
3. An application for a permit for a building or structure shall expire six months after the
application date if any requested documents, professional certificates or approvals
have not been submitted; or after notification to the Owner that a permit is issuable
and the permit fee has not been paid. A Building Official may destroy any material
that has not been retrieved by the applicant if the application has expired.
602
APPLICATION EXEMPTIONS
1. Except as required to meet specifications of the Building Code, a Building Official
may waive information requirements specified for an application for a permit for a
building or structure where the size, simplicity or details of the proposed construction
can be adequately evaluated without such information.
2. An application for a permit for an accessory building may be submitted with only a
Site Plan and two sets of Construction Plans consisting of a Foundation Plan, two
Building Elevations and one Cross Section Drawing; all as detailed in this Section.
3. An application for the structural repair of a building or structure, the installation of a
chimney or the construction of a structure may be submitted with a Site Plan and
only those Construction Plans relevant to the proposed works; all as detailed and at
the scale specified in this Section.
4. An application to accompany a Moving Permit Application may be submitted with
only those Construction Plans relevant to the reconstruction at the new building site.
5. General exemptions from all regulations of this Bylaw are provided in Section 105.2
of this Bylaw.
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
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Township of Spallumcheen Building Bylaw No. 2009, 2020
603
MANUFACTURED HOMES
1. An application for the installation of a manufactured home that does not comply with
the construction standard specified by the Township of Spallumcheen or the Building
Code shall include the following reports and plan confirming that the manufactured
home substantially complies with or is equivalent to following codes or standards.
a. A report from a Registered Professional which states that the manufactured
home substantially complies with the current Structural Design requirements of
the Building Code.
b. A report from a licensed tradesperson or the Electrical Safety Officer that the
manufactured home substantially complies with the Canadian Electrical Code.
c. A report from a licensed tradesperson or the Gas Safety Officer that
manufactured home substantially complies with the Natural Gas and Propane
Installation Code.
d. A floor plan showing room and building egress, electrical smoke alarm(s)
installation and solid fuel burning appliance(s) installation to substantially comply
with the Building Code.
604
PROFESSIONAL DESIGN AND FIELD REVIEW
1. Where a Building Official considers that the site conditions or the size or complexity
of the development or an aspect of the development warrants, a Building Official may
require an owner to provide a design, certification or a field review from a Registered
Professional, supported by Letters of Assurance as outlined in the Building Code,
that the plans submitted with the application for a permit, or specified aspects of
those plans, comply with this Bylaw, the Building Code and other applicable
enactments respecting safety; and
where Letters of Assurance are provided, the Registered Professional shall also
provide a report on professional liability insurance to the Building Official in the form
provided by the Township of Spallumcheen.
2. Building Officials may require certification from a Registered Professional for any
construction work that has been covered prior to inspection by the Building Official.
3. Where a Building Official considers that siting circumstances warrant or the size or
complexity of the development or an aspect of the development warrants, a Building
Official may require an owner to provide a plan of the development area prepared by
a Registered Professional or practising registered BC Land Surveyor showing:
a. site servicing plans and profiles including off-site works;
b. cross section drawings through the subject parcel showing grades, existing and
proposed buildings, parking areas and driveways; and
c. any other information as may be necessary to establish substantial compliance
with this Bylaw, the Building Code or any other applicable bylaw enacted by the
Township of Spallumcheen or Provincial statute.
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
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Township of Spallumcheen Building Bylaw No. 2009, 2020
605
CLIMATE DATA
1. The climatic values for the design of buildings in the Township of Spallumcheen are
specified in Schedule "A" to this Bylaw Climatic Values for Spallumcheen.
2. In the absence of a climate value in Schedule "A", the climate values shall be in
conformance with those values specified in the Building Code or as may be
determined by a Building Official.
606
WATER METERS
1. Where a water connection is made to a Community Water System for a building
located within a Community Water Service Area, the owner shall install a water
meter appliance on the water service line up-stream of all connections and in
accordance with the specifications provided by the Community Water System utility
having jurisdiction.
607
EVIDENCE OF POTABLE WATER SUPPLY
1. Evidence of potable water supply shall be submitted with an application for a permit
for a building or structure where the occupancy of which requires a supply of potable
water.
2. Where an application for a permit for a building or structure is submitted to:
a. replace an existing legally constructed building or structure where using the
existing source of potable water is a drilled well, a Building Official shall waive the
requirements to provide evidence of potable water supply, or
b. replace an existing legally constructed building or structure where using the
existing source of potable water is a dug well, a Building Official may waive the
requirements to provide evidence of potable water supply.
3. Where a potable water supply is not located on the subject property, the applicant
shall provide evidence of a registered easement to access the water supply if located
on private land; or an access license, permit or lease if located on Crown land.
4. Community Water System
a. Where a proposed building or structure is located where a Community Water
System is available, evidence of potable water supply shall include written
confirmation from the Community Water System utility having jurisdiction that
potable water will be supplied by the Community Water System utility.
5. On-Site Water System
a. Where a Community Water System is not available, evidence of potable water
supply shall include:
i.
a water license or written assurance that a water license will be issued, from
the Provincial authority having jurisdiction for a minimum quantity of 2,273
litres (500 Imperial Gallons) per day for each dwelling unit; or
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
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Township of Spallumcheen Building Bylaw No. 2009, 2020
ii. evidence of a well with a capacity to provide a minimum of 6,550 litres of
water per day (1.00 Igal/min) or 2,273 litres of water per day (0.35 Igal/min),
for each dwelling unit and such evidence shall be either:
a. a record of a water well capacity test conducted by a Qualified Well
Driller, as defined in the Water Act Water Sustainability Act or a
Registered Professional's report indicating the capacity of the well, or
(Bylaw 2057, 2022)
b. in the case of a surface (dug) well, a Registered Professional's report
indicating the capacity of the well except that a Building Official may
waive the requirement for a Registered Professional's report where a
record of water well capacity test conducted by a Qualified Well Driller or
a Qualified Pump Installer, as defined in the Water Act Water
Sustainability Act indicates that the surface well has a minimum
capacity of 19,650 litres of water per day (3.00 Igal/min) for each dwelling
unit.
(Bylaw 2057, 2022)
6. Cistern Water System
a. Where an applicant cannot produce evidence of a potable water supply as
outlined in this Bylaw, a Building Official may accept a Cistern Water System as
equivalent evidence of potable water supply provided that:
i.
the cistern system and all its components shall be designed by a Registered
Professional;
ii. the service area for the cistern system is restricted to the subject property;
and,
iii. a covenant is registered in favour of the Township of Spallumcheen on the
subject parcel which covenant:
a. prohibits the use of the property for uses requiring a supply of potable
water unless the Owner ensures that the water quality meets the
regulations of the Drinking Water Protection Act and maintains the cistern
water system in good repair at all times,
b. prohibits subdivision of the parcel until such time as a potable water
supply is provided meeting the standards of the Township of
Spallumcheen Subdivision Servicing Bylaw, and
c. indemnifies the Township of Spallumcheen, its officers, directors and
employees in respect of any breach of the covenant.
b. Where an applicant has submitted an application for a permit for a building or
structure for a 'Civic Use' and cannot produce evidence of a potable water supply
as outlined in this Bylaw, a Building Official may accept a Cistern Water System
as equivalent evidence of potable water supply provided that approval has been
obtained from the authority having jurisdiction for the installation and use of a
cistern system as evidence of a potable water supply for such 'Civic Use' and
approved the design and specifications of such a cistern system.
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
Page 21
Township of Spallumcheen Building Bylaw No. 2009, 2020
608
SEWAGE DISPOSAL
1. A Sewage Disposal Permit shall be submitted with an application for a permit for a
building or structure, except for additions or alterations to an existing residential
building or structure served by an existing sewage disposal system installed
pursuant to the authority having jurisdiction and the occupancy of which will generate
sewage.
2. A Sewage Disposal Permit shall mean:
a. where a Community Sanitary Sewage System is available written confirmation
from a Community Sanitary Sewage System utility that the proposed building
shall be permitted to connect to the Community Sewer System;
b. where a Community Sanitary Sewage System is not available, a Record of
Sewerage System from the authority having jurisdiction; or
c. a Holding Tank Sewage Disposal Permit has been issued in accordance with the
Township of Spallumcheen Holding Tank Sewage Disposal Bylaw No.1212,
1990.
609
CONSTRUCTION PLANS
1. Construction Plans shall be submitted with an application for a permit for a building
or structure.
2. Construction Plans shall be submitted in duplicate at a scale of 1:50 (1/4" = 1.0')
indicating the nature and extent of the work in sufficient detail to establish
conformance with the Building Code and the siting, height and site coverage
regulations in the Township of Spallumcheen Zoning Bylaw and including:
a. a Foundation Plan showing building dimensions, footings, foundation walls and
chimney footings;
b. a Basement Plan showing the columns, beams, bearing walls, partition walls,
doors, windows, stairs, rough-in plumbing, water/sewer service lines, floor drains
and clean-outs; and the location of water heater, heating, air conditioning and
ventilating equipment;
c. Floor Plans showing the dimensions and use of every room area; dimensions
and height of crawl and roof spaces; location, size and swing of doors; location
size and opening of windows; location and description of all plumbing works and
fixtures; location and dimensions of all stairs; location and structural details of all
fireplaces; structural details and the thickness of all walls; and the finishing
treatment for all floors, walls and ceilings;
d. Framing Plans showing floor joists, trusses, rafters, beams and other structural
elements;
e. Building Elevations for each side showing the height of the building, finished
grade, roof slopes, exterior finishes, doors, windows and other design features;
and
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
Page 22
Township of Spallumcheen Building Bylaw No. 2009, 2020
f.
Cross Section Drawings (at least two) showing the existing and finished grades;
entire roof, floor and wall systems; foundation walls and footings; and location of
draintiles.
3. Construction Plans submitted shall bear the name and address of the designer of the
building or structure.
610
ROOF AND FOUNDATION DRAINAGE PLAN
1. A Roof and Foundation Drainage Plan shall be submitted with an application for a
permit for a building or structure.
2. A Roof and Foundation Drainage Plan shall be submitted in duplicate at a scale of
1:200 (1/16" = 1.0') showing lot dimensions and the location of draintiles, drywells,
storm sewer connections, culverts, manholes and cleanouts.
3. For properties outside a 'Residential', 'Commercial' or 'Industrial' zone as specified in
the Township of Spallumcheen Zoning Bylaw, a Building Official may waive the
requirement to provide a Roof and Foundation Drainage Plan.
4. The Roof and Foundation Drainage Plan shall demonstrate that:
a. driveways, walkways, terraces, retaining walls, landscaping or any other
structure will not obstruct the flow of drainage water; and
b. where drainage water would likely enter a garage, carport, porch or basement
entrance below ground level, that adequate catch basin or floor drain(s) will be
installed and directed to a designated stormwater disposal location.
611
SITE PLAN
1. A Site Plan shall be submitted with an application for permit for a building or
structure.
2. A Site Plan should be submitted in duplicate at a scale of 1:200 (1/16" = 1.0')
showing:
a. legal description and civic address of the parcel together with lot dimensions
taken from the registered subdivision plan or equivalent information;
b. measurements for the location of any existing and proposed buildings or
structures relative to:
i.
property lines in proximity to these buildings or structures,
ii. the natural boundary of any watercourses within 30 metres to these buildings
or structures whether on the subject parcel or on any adjacent land, and
iii. all statutory rights-of-way or easements on the subject parcel;
c. the location of the frontage road, driveways and other roadways including the
gradient of existing and proposed driveways to access any proposed dwelling;
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
Page 23
Township of Spallumcheen Building Bylaw No. 2009, 2020
d. the gradient of the subject parcel as required to determine the height of any
proposed building or structure relative to the maximum height permitted in the
Township of Spallumcheen Zoning Bylaw;
e. the location of any septic tank and the means to access the septic tank for
servicing; and
f.
the location of any septic drainfields, domestic water sources or water and sewer
servicing lines.
612
SURVEY CERTIFICATE REQUIRED
1. The owner shall confirm that every building or structure, or addition to a building or
structure, meets the siting and height regulations specified in the Township of
Spallumcheen Zoning Bylaw by providing a Survey Certificate.
2. A Survey Certificate shall be prepared by a practising registered BC Land Surveyor.
3. A Building Official may issue a 'Stop Work Order' notice if a Survey Certificate has
not been provided.
4. The Survey Certificate shall be provided upon completion of the foundation wall
forms but before the concrete foundation is poured or upon completion of the
preserved wood or masonry foundation.
5. A Survey Certificate shall include:
a. the location and dimensions of the foundation wall forms of the new building or
structure relative to property lines, watercourses or other buildings;
b. the location and dimensions of all statutory rights-of-way or easements;
c. the location, dimension and gradient of driveways and parking areas; and
d. the top elevation of the foundation wall of the new building or structure and the
elevation of either:
i.
the midpoint of the rear property line in the case of a parcel which slopes
uphill from the public road providing access, or
ii. the centre line of the road opposite the midpoint of the front property line in
the case of a parcel that slopes downhill from the public road providing
access.
6. A Building Official may waive the requirement for a Survey Certificate if:
a. a Building Official is satisfied with the accuracy of the Site Plan and the
elevations of the building or structure as submitted with an application;
b. a Building Official will not require elevation information to establish the height of
the building or structure; and
c. the Site Plan submitted with the application shows:
i.
side yard setbacks of at least 200% of the minimum side yard setback
requirement specified in the Zoning Bylaw,
SECTION SIX - GENERAL PROVISIONS FOR BP APPLICATIONS
Page 24
Township of Spallumcheen Building Bylaw No. 2009, 2020
ii. front and rear yard setbacks of at least 125% of the minimum setback
requirement specified in the Zoning Bylaw, and
iii. no watercourse within 30 metres of the building or structure.
613
ENERGY CONSERVATION AND GHG EMISSION REDUCTION
1. In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the Township of Spallumcheen incorporates by reference the
British Columbia Energy Step Code in accordance with subsections 2 through
4.
2. A building regulated by Part 9 or Part 3 of the Building Code, and of new
construction, must be designed and constructed to meet the minimum
performance requirements specified in Step One of the BC Energy Step Code
for any permit application received on or after January 17, 2022.
3. Any energy advisor providing the required documentation set out in the BC
Energy Step Code must provide evidence to the Building Official that they are
an energy advisor registered and in good standing with Natural Resources
Canada.
4. Any building constructed under a permit applied for on or after January 3, 2022
must include a building energy label posted prior to issuance of an occupancy
permit.
(Bylaw 2057, 2022)
Page 25
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION SEVEN - SPECIFIC PROVISIONS FOR BUILDING PERMIT
APPLICATIONS
701
APPLICATION FOR A SIMPLE BUILDING OR A STRUCTURE
1. An application for a permit for a simple building or a structure shall be made in the
form provided by the Township of Spallumcheen and signed by the owner, or a
signing officer if the owner is a corporation.
2. In addition to the requirements for an application for a permit for a simple building or
a structure as described herein, a Building Official may require a professional design
and field review as outlined in Section 604.1 of this Bylaw.
3. An application for a permit for a simple building or a structure shall include:
a. supplementary contractor information in the form provided by the Township of
Spallumcheen;
b. owner's acknowledgement of responsibility and undertakings made in the form
prescribed by the Township of Spallumcheen, signed by the owner, or a signing
officer if the owner is a corporation;
c. confirmation of compliance with the Homeowner Protection Act as applicable;
d. a copy of a title search made within 30 days of the date of application;
e. any required highway access permit issued by the Township of Spallumcheen or
Ministry of Transportation and Infrastructure; and
f.
any other documents and plans required in Section Six of this Bylaw.
702
SPECIFIC REQUIREMENTS FOR STRUCTURES
1. In general, an application for a permit for a structure shall include only construction
plans as outlined in Section 609.1 of this Bylaw.
2. Retaining Structure
a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this
Bylaw, an application for a permit for a retaining structure greater than 1.2 metres
in height shall:
i.
require a professional design and field review by a Registered Professional
including the submission of Letters of Assurance and proof of professional
liability insurance as outlined in Section 604.1 of this Bylaw prior to an
Occupancy Permit being issued by a Building Official; and
ii. include provisions for a guardrail in accordance with the provisions of the
Building Code.
SECTION SEVEN - SPECIFIC PROVISIONS FOR BP APPLICATIONS
Page 26
Township of Spallumcheen Building Bylaw No. 2009, 2020
3. Swimming Pool
a. In addition to the requirements outlined in Sections 701.1, 701.2 and 701.3 of this
Bylaw, an application for a permit for a swimming pool shall include provisions
for:
i.
an enclosed fence not less than 1.2 metres in height with no openings greater
than 100mm and so designed that members, attachments or openings will
not facilitate climbing;
ii. a self-closing gate so designed and installed as to cause the gate to return to
a locked position automatically; and
iii. pressure reducing valves and a backflow prevention device to be installed in
accordance with the requirements of the Building Code.
4. Sign
a. In addition to the provisions of Section 701.2 of this Bylaw, an application for a
permit for a sign structure shall be made in the form provided by the Township of
Spallumcheen and signed by the owner, or a signing officer if the owner is a
corporation.
703
APPLICATION FOR A COMPLEX BUILDING
1. An application for a permit for a complex building shall be made in the form provided
by and signed by the owner, or a signing officer if the owner is a corporation.
2. An application for a permit for a complex building shall be accompanied by:
a. supplementary contractor information in the form provided by the Township of
Spallumcheen;
b. the owner's acknowledgement of responsibility and undertakings made in the
form provided by the Township of Spallumcheen, signed by the owner, or a
signing officer if the owner is a corporation;
c. confirmation of compliance with the Homeowner Protection Act as applicable;
d. Letter of Assurance in the form of Schedule A to Part 2 of the Building Code
signed by the owner, or a signing officer if the owner is a corporation, and the
Co-Ordinating Registered Professional;
e. Letters of Assurance in the form of Schedules B to Part 2 of the Building Code
each signed by such Registered Professionals as a Building Official or the
Building Code may require, to address the design and field reviews for the
construction of the proposed building;
f.
proof of professional liability insurance in the form provided by the Township of
Spallumcheen;
g. a copy of a title search made within 30 days of the date of application;
h. any required highway access permit issued by the Township of Spallumcheen or
Ministry of Transportation and Infrastructure; and
i.
any other documents and plans required in Section Six of this Bylaw.
Page 27
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS
801
BUILDING PERMIT
1. Neither the issuance of a Building Permit under this Bylaw, the review and
acceptance of the design, drawings, plans or specifications, nor inspections made by
a Building Official, shall constitute a representation or warranty that the Building
Code or this Bylaw have been complied with or the building or structure meets any
standard of materials or workmanship, and no person shall rely on any of those
actions as establishing compliance with the Building Code or this Bylaw or any
standard of construction.
2. When:
a. a completed application in compliance with Section Seven of this Bylaw including
all required supporting documentation has been submitted;
b. a Building Official has determined that health and safety aspects of the works are
in compliance with this Bylaw, the Building Code, the Local Government Act,
Community Charter and any other applicable bylaw of the Township of
Spallumcheen or Provincial statute;
c. the owner or representative has paid all applicable fees as specified in the
Township of Spallumcheen Fees and Charges Bylaw including any penalty as
outlined in Section 303.3 of this Bylaw;
d. the owner or representative has paid all charges and met all requirements
imposed by any other statute or bylaw in respect of the issuance of a building
permit;
e. evidence has been provided that the proposed construction complies with the
Homeowner Protection Act as applicable; and
f.
no covenant, agreement, resolution or regulation of the Township of
Spallumcheen authorizes the permit to be withheld;
a Building Official may issue a Building Permit for which the application is made in
the form provided by the Township of Spallumcheen.
3. The Building Permit period is valid for two years from the date the permit is granted
unless the permit expires or is revoked.
802
BUILDING PERMIT FEES
1. Building Permit Fees shall be determined in accordance with the Township of
Spallumcheen Fees and Charges Bylaw.
2. A Building Official may, except for the Application Fee and subject to an
Administrative Charge set in accordance with the Township of Spallumcheen Fees
and Charges Bylaw, refund the fees paid for a Building Permit upon receipt of a
written request for cancellation of the permit within one year of the issuance of the
permit provided construction has not begun.
3. When a Building Permit is issued in accordance with Section 803.3 of this Bylaw, the
Building Permit Fee shall be reduced by 20% of the fee payable as specified in the
Township of Spallumcheen Fees and Charges Bylaw.
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS
Page 28
Township of Spallumcheen Building Bylaw No. 2009, 2020
803
PROFESSIONAL PLAN CERTIFICATION AND PERMIT
1. Letters of Assurance in the form of Schedules B to Part 2 of the Building Code
provided pursuant to this Bylaw are relied upon by the Township of Spallumcheen
and its Building Officials in the issuance of a Building Permit as certification that the
design and plans, to which the Letters of Assurance relate, comply with the Building
Code and other applicable enactments relating to safety.
2. A Building Permit issued for the construction of a Complex Building, or for a building
or structure, for which a Building Official required professional design pursuant to
Section 604.1 of this Bylaw, shall include a notice to the owner concerning the
reliance upon the certification of the Registered Professionals, in the form provided
by the Township of Spallumcheen.
3. Confirmation of Commitment by Owner and Coordinating Registered Professional in
the form of Schedule A to Part 2 of the Building Code provided pursuant to this
Bylaw are relied upon by the Township of Spallumcheen and its Building Officials in
the issuance of a Building Permit as certification that the design and plans, to which
the confirmation relate, comply with the Building Code and other applicable
enactments relating to safety.
804
PHASED BUILDING PERMIT
1. A Building Official may issue a Building Permit for construction of a phase of a
building or structure before the entire plans and specifications have been submitted
or approved, provided sufficient information has been submitted showing that the
building phase is in substantial compliance with the Building Code, this Bylaw or
other applicable bylaws or regulations and the permit fee for that portion of the
building or structure has been paid. The remainder of the building or development
shall conform to those regulations as if a Building Permit has not been issued.
805
BUILDING PERMIT EXPIRED
1. A Building Permit expires if:
a. construction has not commenced within one year of the date of permit issuance;
b. an Occupancy Permit has not been issued within the valid Building Permit period
or within any renewal period authorized by a Building Official;
c. the work associated with a structure, other than a building, has not been
approved to the Final Inspection stage within the valid Building Permit period or
within any renewal period authorized by a Building Official;
d. construction has been discontinued for a period of one year;
e. a Building Official has revoked the Building Permit as provided in this Bylaw; or
f.
the owner or representative has requested that the Building Permit be cancelled.
2. Except as provided in Section 802.3, no fees shall be returned where a Building
Permit has expired.
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS
Page 29
Township of Spallumcheen Building Bylaw No. 2009, 2020
806
BUILDING PERMIT REVOKED
1. A Building Official may, upon written notification to an applicant, revoke a Building
Permit issued under this Bylaw where:
a. the permit was issued in error;
b. an approval issued by another authority, on the basis of which a permit was
issued under this Bylaw, is withdrawn by that authority;
c. notification of a successful appeal has been received by the Township of
Spallumcheen pursuant to the authority having jurisdiction concerning the
issuance of a Sewage Disposal Permit for the subject building;
d. the permit was issued of the basis of incorrect information provided by the owner,
representative or a Registered Professional; or
e. there is a violation of this Bylaw, the Building Code, the Local Government Act,
Community Charter or any other Provincial statute or bylaw enacted by the
Township of Spallumcheen.
2. No fees will be returned where a Building Permit has been revoked.
807
BUILDING PERMIT RENEWAL
1. Where a Building Permit has expired and the owner wishes to have the permit
reissued, the owner must submit a new application, including a new Application Fee,
including all documents and permits as prescribed in Sections Six and Seven of this
Bylaw.
2. Where an application is received pursuant to Section 807.1 and where the
information submitted with the new application has not changed substantively from
the original application, a Building Official may issue a new Building Permit pursuant
to all the terms and conditions of this Bylaw, except that the Building Permit Fees
prescribed in the Fees and Charges Bylaw shall not apply.
3. Where a Building Permit has not expired or been revoked and upon written request,
a Building Official may extend the term of the Building Permit for one renewal period
of one year upon any terms and conditions specified by the Building Official.
4. Where construction has not commenced or has been discontinued due to adverse
weather, strikes, material or labour shortages or similar hardship beyond the owner's
control, a Building Official may extend the valid Building Permit period for one
renewal period of one year upon any terms and conditions specified by the Building
Official.
5. Where a Building Permit has been revoked and the owner wishes to have the permit
reissued, the owner shall submit a new application, including a new Application Fee,
including all documents and permits as prescribed in Sections Six and Seven of this
Bylaw.
808
OCCUPANCY PERMIT REQUIRED
1. Except as provided in this Bylaw, an Occupancy Permit is required prior to
occupancy of any building or structure for which a Building Permit is required under
this Bylaw and it is the responsibility of the owner to obtain an Occupancy Permit
SECTION EIGHT - BUILDING AND OCCUPANCY PERMITS
Page 30
Township of Spallumcheen Building Bylaw No. 2009, 2020
after the building or structure is complete and ready for occupancy, but before any
occupancy.
2. Prior to the issuance of an Occupancy Permit for:
a. a complex building, or for a building or structure for which a Building Official
required professional design pursuant to Section 604.1 of this Bylaw, the owner
shall provide Letters of Assurance in the form of Schedules C-A and C-B to Part
2 in the Building Code each signed by the Co-Ordinating Registered Professional
and Registered Professionals as the Building Code may require;
b. a building or structure which will generate sewage, the owner shall provide to the
Building Official a Record of Sewerage System pursuant to the authority having
jurisdiction for a sewerage system, or a confirmation of acceptable connection to
a Community Sanitary Sewage System from the authority having jurisdiction.
3. Where a Building Official has indicated on final inspection that the construction work
is acceptable, the Building Official may issue an Occupancy Permit in the form
provided by the Township of Spallumcheen.
4. A Building Official may issue an Occupancy Permit for part of a building when part of
the building is self-contained and complies with the requirements of this Bylaw, the
Building Code, the Local Government Act, Community Charter or any other
Provincial statute or bylaw enacted by the Township of Spallumcheen.
809
PROVISIONAL OCCUPANCY PERMIT
1. A Building Official may issue a Provisional Occupancy Permit in the form provided by
the Township of Spallumcheen where the construction of a building or structure has
substantially been completed and where the health and safety requirements of this
Bylaw and the Building Code have been met.
2. The owner shall pay the Provisional Occupancy Permit fee as specified in the Fees
and Charges Bylaw before the issuance of the permit.
3. The Provisional Occupancy Permit is valid for 90 days from the date the permit is
issued.
4. A Building Official may extend the term of the Provisional Occupancy Permit for an
additional 90 days upon any terms and conditions specified by the Building Official.
SECTION NINE - BUILDING INSPECTIONS
Page 31
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION NINE - BUILDING INSPECTIONS
901
COMPLEX BUILDINGS
1.
When a Registered Professional provides Letters of Assurance for the construction
of a complex building, or for a building or structure for which a Building Official
required professional design and Letters of Assurance pursuant to Section 604.1 of
this Bylaw, the Township of Spallumcheen will rely solely on field reviews undertaken
by the Registered Professional and the Letters of Assurance as certification that the
construction substantially conforms to the approved design, plans and specifications
and that the construction complies with the Building Code, this Bylaw and other
applicable enactments respecting safety.
2.
A Building Official may attend the construction 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.
902
SIMPLE BUILDINGS OR STRUCTURES
1.
A Building Official may attend periodically at the site of the construction of simple
buildings or structures to ascertain whether the health and safety aspects of the work
are being carried out in substantial conformance with the health and safety
requirements of the Building Code, this Bylaw and any other applicable enactments
concerning safety.
903
INSPECTIONS REQUIRED
1.
The owner or representative shall give at least two clear working days' notice to the
Building Official when requesting an inspection.
2.
The owner or representative shall obtain an inspection and receive a Building
Official's acceptance of the work as indicated on the Building Permit or at each of the
following aspects of the work prior to concealing them:
a.
"Footing Forms Inspection" after completion of the footing forms; but before
pouring concrete for the footings;
b.
"Foundation Forms Inspection" after completion of the footings and the
foundation forms; but before pouring concrete for the foundation;
c.
"Pre-Backfill Inspection" after damp-proofing foundations and the installation of
perimeter drains with connections to the designated stormwater disposal
location; but before backfilling the foundation or covering drainage works;
d.
"Dampproofing and Sealing Inspection" after the foundation is complete and the
granular fill is prepared; but before pouring the concrete slab;
e.
"Infloor Heating Inspection" after underslab preparation, but before
pouring of concrete topping or slab;
(Bylaw 2057, 2022)
SECTION NINE - BUILDING INSPECTIONS
Page 32
Township of Spallumcheen Building Bylaw No. 2009, 2020
f.
"Framing Inspection" after completion of framing, sheathing, stairs, chimney and
fireplace; but before installing insulation and vapour barrier that would conceal
the framing works;
g.
"Plumbing Below-Grade Inspection" after installation of the water and sewer
service lines, and any other below-grade plumbing works; but before backfilling
excavations;
h.
"Plumbing Above-Grade Inspection" after completion of the rough-in plumbing
and the tests required by the Building Code have been satisfactorily completed;
but before covering with insulation, vapour barrier or wall coverings;
i.
"Insulation and Vapour Barrier Inspection" after the Plumbing Above-Grade
Inspection and the insulation and vapour barrier have been installed; but before
wall coverings are installed; and
j.
"Final Inspection" when the building or structure or part thereof is complete,
including grading around the building or structure, the installation of surface
drainage works and confirmation that any water meter appliance (if necessary) is
in operating condition, and the building or structure is ready for use or
occupancy; but before use or occupancy takes place of the whole or part of the
building or structure.
3.
For accessory and agricultural buildings which are up to 110 m2 in size and do not
contain plumbing, the required inspections are as follows:
a.
Footings and Forms;
b.
Framing; and
c.
Final Occupancy.
4.
No aspect of the work referred to in Section 903.2 of this Bylaw shall be covered until
a Building Official has indicated acceptance in writing.
5.
Notwithstanding the requirement for inspections under Sections 903.2 and 903.4 of
this Bylaw, a Building Official may when unable to attend a construction site on the
date requested due to travel distance or time constraints, alternatively determine on
the basis of information provided by the contractor whether the work may proceed
despite Section 903.4 and require that photographs of the work be taken prior to the
work being concealed and these photographs be submitted to the Building Official.
6.
Pursuant to Section 903.5, a Building Official may require work to be uncovered if
photographs indicate a problem is likely to create a health or safety hazard.
7.
The requirements of Sections 903.2 and 903.4 of this Bylaw do not apply to any
aspect of the work that is the subject of a Registered Professional's Letter of
Assurance which has been provided for the construction of a complex building, or for
a building or structure for which a Building Official required professional design and
Letters of Assurance pursuant to Section 604.1 of this Bylaw.
8.
In the event that the Building Official has notified the owner or contractor that
additional inspections are required, it shall be the responsibility of the owner or
representative to request these additional inspections.
SECTION NINE - BUILDING INSPECTIONS
Page 33
Township of Spallumcheen Building Bylaw No. 2009, 2020
9.
The Building Official may determine whether a re-inspection fee is required of the
owner or representative for any re-inspections required of any work that the Building
Official may determine as unacceptable as specified in the Fees and Charges Bylaw.
Page 34
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION TEN - DEMOLITION PERMIT AND APPLICATION
1001 APPLICATION
1.
No owner shall demolish or cause to be demolished any building or structure without
first obtaining a permit to carry out such demolition.
2.
An Application for a Demolition Permit shall be submitted in the form provided by the
Township of Spallumcheen.
1002 EXEMPTIONS
1.
This Section does not apply to:
a.
structures other than buildings, less than 15.0 metres in height; or
b.
accessory buildings that are one storey or less in height provided that there are
no service works connected to the building.
1003 DEMOLITION PERMIT
1.
When:
a.
a completed application including all required supporting documentation has
been submitted as outlined on the application form provided by the Township of
Spallumcheen;
b.
a Building Official has determined that the proposed demolition works are in
compliance with this Bylaw, the Building Code, the Local Government Act and
any other applicable bylaw of the Township of Spallumcheen or Provincial
statute;
c.
the owner or representative has paid all applicable fees as specified in the
Township of Spallumcheen Fees and Charges Bylaw including any penalty as
outlined in Section 303.3;
d.
the owner or representative has paid all charges and met all requirements
imposed by any other statute or bylaw in respect of the issuance of a demolition
permit; and
e.
no covenant, agreement, resolution or regulation of the Township of
Spallumcheen authorizes the permit to be withheld;
a Building Official may issue a permit for which the application is made in the form
provided by the Township of Spallumcheen.
2.
A permit for demolition shall be valid for one year from the date of issuance of the
permit after which the permit expires.
3.
A Building Official may withhold a permit for a demolition where:
a.
the building or structure is protected heritage property, is subject to temporary
heritage protection or is identified in a community heritage registry pursuant to
the Heritage Conservation Act or the Local Government Act; or
b.
in the case of a residence, the building is occupied.
1004 DEMOLITION DEPOSIT
1.
An applicant for a permit for a demolition shall pay the Demolition Deposit as
specified in the Township of Spallumcheen Fees and Charges Bylaw before the
issuance of the permit to ensure the work is completed and the site is rehabilitated.
SECTION TEN - DEMOLITION PERMIT AND APPLICATION
Page 35
Township of Spallumcheen Building Bylaw No. 2009, 2020
2. Where a building or structure is demolished under a permit, and where:
a. the property is rehabilitated to a tidy and safe condition;
b. all waste debris has been removed;
c. any septic tank or other underground storage facility has been removed; and
d. any barricade or covered way has been dismantled;
the Building Official shall return the Demolition Deposit to the applicant.
3. Where a Demolition Deposit is returned to the applicant, any interest earned upon
the security shall accrue to the applicant.
4. Where a permit for a demolition has expired and the demolition and works referred to
in Section 1004.2 have not been completed, the Township of Spallumcheen may
utilize the Demolition Deposit to complete the works.
Page 36
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION ELEVEN - MOVING PERMIT AND APPLICATION
1101 APPLICATION
1. Where the moving of buildings is permitted in the Township of Spallumcheen, no
person shall move or cause to be moved any building without first obtaining a permit
to carry out such a move as well as a Building Permit for construction works on the
property to which the subject building is to be moved.
2. An Application for a Moving Permit shall be submitted in the form provided by the
Township of Spallumcheen.
3. A Building Permit Application shall be submitted in the form provided by the
Township of Spallumcheen for the construction works on the property to which the
subject building is to be moved.
1102 EXCEPTIONS
1. This Section does not apply to the moving of manufactured homes or accessory
buildings.
1103 MOVING PERMIT
1. When:
a. a completed application including all required supporting documentation has
been submitted as outlined on the application form provided by the Township of
Spallumcheen;
b. a Building Official has determined that any proposed works are in compliance
with this Bylaw, the Building Code, the Local Government Act or any other
applicable bylaw of the Township of Spallumcheen or Provincial statute;
c. the owner or representative has paid all applicable fees as specified in the
Township of Spallumcheen Fees and Charges Bylaw including any penalty as
outlined in Section 303.3;
d. the owner or representative has paid all charges and met all requirements
imposed by any other statute or bylaw in respect to the moving of buildings; and
e. no covenant, agreement, resolution or regulation of the Township of
Spallumcheen authorizes the permit to be withheld;
a Building Official may issue a permit for which the application is made in the form
provided by the Township of Spallumcheen.
2. A permit for moving a building shall be valid for two years from the date of issuance
of the permit after which the permit expires.
3. Building Officials shall refuse a permit for moving a building where:
a. the appraised value of the building after the move as indicated in the Appraisal
Report as outlined on the application form provided by the Township of
Spallumcheen, is less than:
i.
0.75 times of the average appraised value of all the dwellings situated on
parcels which are wholly or partially enclosed by lines drawn parallel to and
SECTION ELEVEN - MOVING PERMIT AND APPLICATION
Page 37
Township of Spallumcheen Building Bylaw No. 2009, 2020
perpendicularly distant 100.0 metres from the boundaries of the parcel to
which the building is to be moved; or
ii. A lesser value approved by Council after considering a written application to
Council.
1104 MOVING DEPOSIT
1. An applicant for a permit shall pay the Moving Deposit as specified in the Township
of Spallumcheen Fees and Charges Bylaw before the issuance of a permit to ensure
that the building is rehabilitated and installed according to the permit.
2. Where a building is moved under a permit, and where a Building Official has issued
an Occupancy Permit for the building, the Building Official shall return the Moving
Deposit to the applicant.
3. Where a Moving Deposit is returned to the applicant, any interest earned upon the
security shall accrue to the applicant.
4. Where a permit for moving a building has expired and the works authorized by the
Moving Permit and any associated Building Permit have not be completed, the
Township of Spallumcheen may utilize the Moving Deposit to complete the works.
Page 38
Township of Spallumcheen Building Bylaw No. 2009, 2020
SECTION TWELVE - BYLAW REPEAL, READINGS, AND ADOPTION
1201 SEVERABILITY
If any provision contained in the bylaw is found by a court of competent jurisdiction to be
invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of
the remaining provisions contained herein shall not be, in any way, affected or impaired
thereby to the extent that the purpose of the bylaw may be fulfilled in the absence of the
impugned provision or provisions of the bylaw.
1202 REPEAL BYLAWS
Upon adoption of this bylaw, the "Township of Spallumcheen Building Bylaw No. 1898,
2015" and amendments thereto are hereby repealed.
Read a First Time
this
15th
day of
June, 2020
Read a Second Time
this
15th
day of
June, 2020
Read a Third Time
this
15th
day of
June, 2020
ADOPTED
this
13th
day of
July, 2020
Cindy Graves
Corporate Officer
Christine Fraser
Mayor
Page 39
Township of Spallumcheen Building Bylaw No. 2009, 2020
SCHEDULE "A" TO BYLAW NO. 2009, 2020 - TOWNSHIP OF SPALLUMCHEEN CLIMATE VALUES
Area
Design Temperature
Degree
Days
Below
18°C
15
Min.
Rain
mm
One
Day
Rain
mm
Ann.
Tot.
Ppn.
mm
Ground Snow
Load kPa
Hourly Wind
Pressures
January
July 2.5%
2.5
%
°C
1%
°C
Dry
°C
Wet
°C
1/10
kPa
1/30
kPa
1/100
kPa
SS
SR
Spallumcheen
--
--
--
--
--
--
--
--
3.2
0.1
--
--
--
South
Spallumcheen
--
--
--
--
--
--
--
--
2.9
0.1
--
--
--
Note: Values cited in this Schedule and noted above are valid to elevation 1,170 metres only.