Building Bylaw No. 2022-002 - Consolidated to March 25, 2026
Summerland, British Columbia
· adopted 2026-03-25
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The Corporation of the District of Summerland
Building Bylaw No. 2022-002
A Bylaw for the administration of the Building Code and the regulation of construction.
WHEREAS the Council of the District of Summerland may, by bylaw, pursuant to Section 8 (3)(g) and (l) and
Section 63 of the Community Charter, regulate, prohibit and impose requirements in respect to buildings and
structures for the following:
(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 health, safety or protection of persons or property;
AND WHEREAS the Council of the District of Summerland is enacting this bylaw to regulate construction and
administer the British Columbia Building Code in Summerland in accordance with the Community Charter and the
Building Act;
AND WHEREAS the Council of the District of Summerland has employed trained Building Officials for the purpose
of administering this bylaw;
NOW THEREFORE BE IT RESOLVED that the Municipal Council of the District of Summerland, in open meeting
assembled, hereby ENACTS AS FOLLOWS:
PART 1
TITLE
Citation
1.1.
This bylaw may be cited as "Building Bylaw No. 2022-002".
CONSOLIDATED FOR CONVENIENCE TO INCLUDE THE FOLLOWING BYLAWS: 2026-009
District of Summerland Building Bylaw No. 2022-002
Page 2 of 44
PART 2
TABLE OF CONTENTS
Table of Contents
PART 1
TITLE ............................................................................................................................................................... 1
Citation ........................................................................................................................................................................... 1
PART 2
TABLE OF CONTENTS ................................................................................................................................... 2
PART 3
SEVERABILITY ............................................................................................................................................... 4
PART 4
INTERPRETATION ......................................................................................................................................... 4
Definitions ....................................................................................................................................................................... 4
PART 5
PURPOSE OF THE BYLAW ........................................................................................................................... 7
PART 6
SCOPE AND EXEMPTIONS ........................................................................................................................... 8
Application ...................................................................................................................................................................... 8
PART 7
PROHIBITIONS ............................................................................................................................................... 9
Construction without Permit ........................................................................................................................................... 9
Illegal Occupancy ........................................................................................................................................................... 9
False or Misleading Information ..................................................................................................................................... 9
Remove Notice ............................................................................................................................................................. 10
Deviation from Plans .................................................................................................................................................... 10
Obstruction of Entry ...................................................................................................................................................... 10
PART 8
POWERS OF A BUILDING OFFICIAL ......................................................................................................... 10
Administration ............................................................................................................................................................... 10
Refusal and Revocation of Permits .............................................................................................................................. 11
Right of Entry ................................................................................................................................................................ 11
Powers ......................................................................................................................................................................... 11
PART 9
OWNER'S RESPONSIBILITIES ................................................................................................................... 12
Owner's Obligations ..................................................................................................................................................... 12
Damage to Municipal Works ........................................................................................................................................ 13
Notice ........................................................................................................................................................................... 13
PART 10. OBLIGATIONS OF OWNER'S CONSTRUCTOR ........................................................................................ 14
PART 11. REGISTERED PROFESSIONAL'S RESPONSIBILITIES ............................................................................ 14
Requirement for a Registered Professional ................................................................................................................. 14
PART 12
REQUIRED PERMITS ................................................................................................................................ 15
PART 13
CONDITIONS OF PERMIT ........................................................................................................................ 16
PART 14
PERMIT APPLICATION REQUIREMENTS FOR SIMPLE AND COMPLEX BUILDINGS ...................... 16
Building Permit Applications for Complex Buildings ..................................................................................................... 17
Building Permit Applications for Simple Buildings ........................................................................................................ 19
Professional Plan Certification ..................................................................................................................................... 22
Alternate Solutions ....................................................................................................................................................... 22
Site and Location Information ....................................................................................................................................... 22
Building Permit Fee ...................................................................................................................................................... 23
Valuation for Permit ...................................................................................................................................................... 23
Security Deposit with Building Permit Application ........................................................................................................ 23
Permit Fee Refunds ..................................................................................................................................................... 24
Design Modification ...................................................................................................................................................... 25
Construction Before Permit Issued .............................................................................................................................. 25
Expiration of Application for a Permit ........................................................................................................................... 25
Cancellation of Application ........................................................................................................................................... 25
Confirmation of Permit Application Reviews ................................................................................................................ 25
Issuance of a Building Permit ....................................................................................................................................... 25
Compliance with the Homeowner Protection Act ......................................................................................................... 26
Issuance of Partial Permits ........................................................................................................................................... 26
Sanitary Facilities during construction .......................................................................................................................... 26
Inspections for Simple Buildings .................................................................................................................................. 27
Complex Building Commissioning ................................................................................................................................ 28
Stop Work Orders ......................................................................................................................................................... 28
Do Not Occupy Notice .................................................................................................................................................. 29
District of Summerland Building Bylaw No. 2022-002
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Inspection and Other Fees ........................................................................................................................................... 29
Permit Expiration .......................................................................................................................................................... 29
Permit Extension .......................................................................................................................................................... 30
Building Permit Cancellation ........................................................................................................................................ 30
Partial Occupancy ........................................................................................................................................................ 30
Occupancy ................................................................................................................................................................... 30
Final Inspection ............................................................................................................................................................ 31
Finished Grades and Slope Retention ......................................................................................................................... 31
Lowest Floor Level Height Above Ground Water ......................................................................................................... 32
PART 15
BUILDING MOVE PERMIT ........................................................................................................................ 32
Application Requirements ............................................................................................................................................ 32
Permit Issuance ............................................................................................................................................................ 32
Permit Completion Conditions ...................................................................................................................................... 33
PART 16
DEMOLITION PERMITS ............................................................................................................................ 33
Application Requirements ............................................................................................................................................ 33
Demolition sites ............................................................................................................................................................ 33
Delayed Demolition Requests ...................................................................................................................................... 34
Security for Demolitions ............................................................................................................................................... 34
PART 17
FIRE ALARM PERMITS ............................................................................................................................ 34
Application Requirements ............................................................................................................................................ 35
Professional Design and Commissioning ..................................................................................................................... 35
PART 18
PLUMBING AND FIRE SUPPRESSION PERMITS .................................................................................. 35
Application Requirements ............................................................................................................................................ 35
Inspections and Commissioning .................................................................................................................................. 35
PART 19
POOL PERMITS ......................................................................................................................................... 36
Application Requirements ............................................................................................................................................ 36
Professional Design ..................................................................................................................................................... 36
Fencing ......................................................................................................................................................................... 36
Pool Gate ..................................................................................................................................................................... 36
Above Ground Pools .................................................................................................................................................... 37
Drainage ....................................................................................................................................................................... 37
Public Pools .................................................................................................................................................................. 37
PART 20
RETAINING WALL PERMITS ................................................................................................................... 37
Application Requirements ............................................................................................................................................ 37
Professional Design and Permit closure ...................................................................................................................... 37
Site Safety Conditions .................................................................................................................................................. 37
PART 21
RENOVATIONS TO DOWNTOWN BUILDINGS ....................................................................................... 38
PART 22
ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS ........................................................................... 39
PART 23
CLIMATIC DATA ........................................................................................................................................ 39
PART 24
ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION ........................................................ 39
Step Code Requirements ............................................................................................................................................. 39
PART 25
NUMBERING OF BUILDINGS ................................................................................................................... 40
PART 26
TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION .................................................... 41
PART 27
FIRE LIMIT AREA AND FIRE & LIFE SAFETY REQUIREMENTS .......................................................... 42
PART 28
UNSAFE CONDITIONS ............................................................................................................................. 42
PART 29
OFFENCES AND ENFORCEMENT .......................................................................................................... 42
Deemed Offence .......................................................................................................................................................... 42
PART 30
REPEAL ..................................................................................................................................................... 43
PART 31
IN FORCE ................................................................................................................................................... 43
APPENDIX A - CLIMATIC DATA ................................................................................................................................... 44
District of Summerland Building Bylaw No. 2022-002
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PART 3
SEVERABILITY
3.1.
If a section, subsection, paragraph, subparagraph or phrase in 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.
PART 4
INTERPRETATION
4.1.
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 the reference.
4.2.
Every reference to the Building Code is a reference to the B.C. Building Code as amended, or replaced,
from time to time.
4.3.
Definitions of words and phrases used but not specifically defined in this bylaw are to be given 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.
Definitions
4.4.
In this bylaw the following words and terms have the meanings:
(a)
set out in the Building Code as of the date of the adoption of this bylaw: accessible assembly
occupancy, building area, building height, business and personal services occupancy, care
occupancy, coordinating registered professional, designer, detention occupancy, excavation, field
review, firewall, first 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,
residential occupancy, treatment occupancy or unsafe condition;
4.5.
In this bylaw, the following words are defined:
"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, and includes the provision of two or more separate buildings with openings between each
other for intercommunication;
"agent" includes a firm, corporation or other person representing the owner, by written designation or
contract, and includes a hired tradesperson or constructor who may be granted a permit for work within the
limitations of his or licence;
"alternative solution" means an alternative solution authorized under the Building Code;
"alteration" means a change, repair or modification of the construction or arrangement of or use of any building
or structure, or to an occupancy regulated by this bylaw;
"Architects Act" means the current British Columbia's Architect Act;
"building" means any construction used or intended for supporting or sheltering any occupancy and
includes a mobile home;
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"Building Act" means the current British Columbia's Building Act;
"Building Code" means the British Columbia Building Code as adopted by the Minister responsible under
provincial legislation, as amended or re-enacted from time to time;
"Building Official" means the person designated in or appointed to that position by the District and other
such person or persons as they may designate from time to time as their assistants, and for certainty the
building official is the "building inspector" referred to in the Community Charter and Local Government Act;
"change of occupancy" means changing the occupancy of a building, or portion of a building, to an
alternative use, even if no construction or alterations are anticipated;
"complex building" means
(a)
a building used for a major occupancy classified as
i. assembly occupancy;
ii. care or detention occupancy;
iii. high hazard industrial occupancy;
iv. treatment occupancy; or
v. post-disaster building;
(b)
a building exceeding 600m2 in building area or exceeding three storeys in building height used for a
major occupancy classified as
i. residential occupancy;
ii. business and personal services occupancy;
iii. mercantile occupancy; or
iv. low and medium hazard industrial occupancy;
"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" or "construction" includes to build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
"constructor" means a person who constructs;
"District" means the District of Summerland;
"District Engineer" means the District of Summerland Engineer or designate;
"Engineers and Geoscientists Act" means the current Engineers and Geoscientists Act
"existing", in respect of a building, means the portion of a building constructed prior to the
submission of a permit application required under this bylaw;
"farm building" means a building or part thereof that does not contain a residential occupancy and
that is associated with and located on land devoted to the practice of farming, and use essentially
for the housing of equipment or livestock, or the production, storage or processing of agricultural
and horticultural produce or feeds. Farm buildings are regulated by the National Farm Code;
"foundation" means a system or arrangement of foundation units through which the loads from a building
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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;
"GHG" means greenhouse gas;
"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;
"Manufactured Home" means a mobile home or modular home as defined in this bylaw;
"mobile home" means a manufactured home constructed to the requirements of the CSA National Standard
CAN/CSA-Z240MH Series-09 or any preceding or replacement standard;
"modular home" means a manufactured home constructed to the requirements of the CSA National Standard
CAN/CSA A277-08 or any preceding or replacement standard for certified factory-built homes, built in two or
more sections to be assembled on a permanent foundation;
"on-site services" means utilities and features which provide for servicing a project within the property on
which it is located and includes water service piping and distribution systems, storm and sanitary sewer
collection, access roads, natural gas, electric and cable;
"off-site services" means services required pursuant to the District Subdivision and Development
Servicing Bylaw of the day, that are required to be located on public road, public land or statutory right-of-
way at final approval of the subdivision or development as the case may be;
"owner" means the registered owner of an estate in fee simple of land, or an agent duly authorized by the
owner in writing in the prescribed form, and also where the context or circumstances so require
(a)
a tenant for life under a registered life estate;
(b)
a registered holder of an agreement for sale;
(c)
a holder or occupier of land held in the manner mentioned in Sections 228 and 229 of the
Community Charter; or
(d)
a lessee with authority to build on land;
"permit" means permission or authorization in writing by the building official to perform work regulated by
this bylaw and, in the case of a final inspection notice, to occupy a building or part of a building;
"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 600mm,
including an in-ground pool and/or hot tub;
"professional design" means the plans and supporting documents bearing the date, seal or stamp, and
signature of a registered professional;
"project" means any construction operation;
"qualified plumber" means a person who holds a current Certificate of Qualification issued by the Province
of British Columbia as a journeyman plumber for which a statement of compliance and assurance is being
provided pursuant to Certificate of Plumbing Test;
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"retaining wall" means any structure other than a building that holds or retains soil or other earth material
behind it;
"simple building" means a building of three storeys or less in building height, having a building area not
exceeding 600m2 and used for a major occupancy classified as
(a)
residential occupancy;
(b)
business and personal services occupancy;
(c)
mercantile occupancy; or
(d)
medium and low hazard industrial occupancy
"Step Code" means the BC Energy Step Code as referenced in the British Columbia Building Code
Section 9.36.6 as amended from time to time;
"structure" means a construction or portion of construction, of any kind, whether fixed to, supported by or
sunk into land, airspace or water, and includes foundations or supporting framework for exterior signs,
equipment and machinery, interior storage racking greater than 2.6 m in height, retaining walls and pool
fences, but specifically excludes paving, other fences and landscaping;
"temporary building" includes a sales office, construction office or a structure in which tools are stored
during construction of a building or other structure and does not stay on a property past a 24 month
period;
"value of construction" means the completed building value of all construction or work related to the
building including finishes, roofing, electrical, plumbing, heating, air- conditioning, fire extinguishing
systems, elevators and any other building service equipment and materials, the current monetary worth of
all plans and specifications, labour and fees for design, testing, consulting, management, contractors'
profit and overhead, and current monetary worth of all contributed labour and material and site works.
"work" means the same as construct as defined in this bylaw.
PART 5
PURPOSE OF THE BYLAW
5.1.
Despite any other provisions in this bylaw, this bylaw must be interpreted in accordance with this part.
5.2.
Every permit issued under this bylaw is issued expressly subject to the provisions of this part.
5.3.
This bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in the District
in the public interest.
5.4.
The activities undertaken by or on behalf of the District of Summerland pursuant to this bylaw are for the
sole purpose of providing a limited and interim spot-checking and monitoring function for reason of health,
safety and the protection of persons and property; it does not extend to
(a)
the protection of owners, designers, constructors, or any other persons from economic loss;
(b)
the assumption by the District 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;
(c)
providing any person a warranty of design or workmanship with respect to any building or
structure for which a building permit or occupancy permit is issued under this bylaw;
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(d)
providing any person a warranty or assurance that construction undertaken under building permits
issued by the District is free from latent, or any, defects, or complies with this bylaw;
(e)
the protection of adjacent real property from incidental damage or nuisance;
(f)
the assumption by the District of Summerland or any Building Official of any responsibility for ensuring
that any construction will be geotechnically sound and will not be subject to flooding, mud-flows, debris
flows, debris torrents, erosion, land slip, rock falls, subsidence, avalanche or other geotechnical
hazards.
5.5.
No person shall rely on any permit as establishing compliance with this bylaw or assume or conclude
that this bylaw has been administered or enforced according to its terms.
PART 6
SCOPE AND EXEMPTIONS
Application
6.1.
This bylaw applies to the geographical area of the District and to land, the surface of water, air space,
buildings or structures in the District.
6.2.
This bylaw applies to
(a) the design, construction or occupancy of new buildings or structures, or parts thereof and the
alteration, reconstruction, demolition, removal, relocation or occupancy or change of occupancy of
existing buildings and structures, or parts thereof, including Farm Buildings;
(b) The design, construction or installation of solid burning appliances, fireplaces and chimneys.
6.3.
This bylaw does not apply to
(a) except as set out in Parts 19 or 20 of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10m2 that does not constitute a potential unsafe
condition;
(c) a Farm Building, with a floor area of less than 50 m2
(d) a trellis, arbour or similar landscape structure with an open roof (no snow load);
(e) a retaining wall supporting soil that is:
i.
less than 1.2 m in heigh
ii.
a sequence of retaining walls less than 1.2 m in height spaced greater than two horizontal to
one vertical, or
iii.
in the opinion of the building official does not constitute a potential unsafe condition;
(f)
landscaping or other surfacing of land;
(g)
bridges other than pedestrian and vehicular bridges attached to buildings;
(h)
docks or wharves;
(i)
decks or patios which are less than 600mm from the ground or finished grade, which are not
attached to a building and have no walls or roofs;
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(j)
manufactured housing and components complying with CAN/CSA-Z240 MH Series, Z241 Series or
A277 Series standards, but this exemption does not extend to on site preparations (foundations,
mountings), connection to services and installation of appliances;
(k)
shipping containers, if sited properly in compliance with the District's zoning bylaw and not altered
to (exterior cladding is permitted).
(l)
installation of temporary buildings, including fabric covered structures;
(m)
above-ground pools and above-ground hot tubs
(n)
repair and maintenance of lawfully-conforming structures where the level of life safety and building
performance shall not be decreased below a level that already exists;
(o)
the installation, cleaning or repair of mechanical heating and ventilation systems for simple residential
buildings; and
(p)
the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or the replacement of
tubs, showers, toilets, lavatories or sinks if the work does not involve or require the rearrangement of
valves, pipes or fixtures or hot water tanks.
PART 7
PROHIBITIONS
Construction without Permit
7.1
A person must not commence or continue the construction, or alteration, or change the occupancy of any
building or structure, including other work related to construction
(a) except in conformity with the requirements of the Building Code and this bylaw; and
(b) unless a building official has issued a permit for the construction, alteration or change of
occupancy and the permit is valid and a subsisting permit.
Illegal Occupancy
7.2
A 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 completion inspection notice, occupancy, or occupancy with work required
(partial) 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.
False or Misleading Information
7.3
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.
7.4
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.
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Remove Notice
7.5
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.
Deviation from Plans
7.6
A person must not do any work that is substantially at variance with the accepted design or plans of a
building, structure or other works for which a permit has been issued, unless that variance has been
authorized in writing by a building official.
Obstruction of Entry
7.7
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.
7.8
A person must not construct on a parcel unless the civic address is conspicuously posted on the front of the
premises or on a sign post so it may be easily read from the public highway from which it takes its address.
7.9
A person must not contravene a requirement of a building official made under this bylaw.
Unauthorized Work or Occupancy
7.10
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 building permit under this bylaw.
7.11
A person must not cover or conceal any works required to be inspected under this bylaw without first obtaining
written acceptance from a building official.
7.12
A person must not continue any work if a Stop Work Order is posted by a building official other than the
remedial actions required by the notice.
7.13
A person must not occupy a building, structure, or part of a building or structure if a Do Not Occupy Notice is
posted by a building official.
PART 8
POWERS OF A BUILDING OFFICIAL
Administration
8.1
Words defining the authority of building officials are to be construed as internal administrative powers
and not as creating a duty.
8.2
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 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
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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.
Refusal and Revocation of Permits
8.3
Despite Section 8.2, a building official may refuse to issue a permit where in the official's opinion
(a)
the information submitted is inadequate to determine substantial conformance with, or is contrary
to the provisions of this bylaw or any other applicable enactment;
(b)
the proposed work will contravene the requirements of the Building Code or the provisions of this or
any other bylaw of the District;
(c)
the results of the tests on materials, devices, construction methods, structural assemblies or
foundation conditions contravene the Building Code or are not satisfactory to the building official; or
(i)
and if a building official refuses a permit under this section the official must state the reasons for refusal
in writing;
8.4
A building official may revoke a permit if, in their opinion:
(a)
a condition under which the permit was issued is not met;
(b)
a requirement of the Building Code or of this or another bylaw of the District will not be met;
(c)
the permit was issued in error;
(d)
cancellation or termination of Homeowner Protection Office Registration occurs prior to
finalization of permit;
(e)
the permit was issued on the basis of false or incorrect information; or
(f)
the results of any tests carried out pursuant to the construction are not satisfactory to the building official.
Such permit revocation may be delivered by mail to the owner.
Right of Entry
8.5
Subject to Section 16 of the Community Charter, a building official may enter any property at any time to
ascertain whether the requirements of this bylaw are being met, or if the building official has any reason to
believe that an unsafe condition exists.
Powers
8.6
Subject to applicable enactments, a building official 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 on a building or structure, or any part of a building or structure, if the work is
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proceeding in contravention of this bylaw, the Building Code, or any other enactment of the District or
other applicable enactments, or if there is deemed to be an unsafe condition, and may enter any
property to affix or post a stop work order in the prescribed form;
(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 and replace, at the owner's expense, 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 work being undertaken
but not complete and where the building official has not issued a final inspection notice for the work;
(i)
an owner to correct any unsafe condition; and
(j)
an owner to correct any work that contravenes this bylaw, the Building Code, or any other
enactment.
8.7
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 9
OWNER'S RESPONSIBILITIES
Owner's Obligations
9.1.
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 required by the Building Code, this bylaw or the conditions of a permit;
(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 of 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 an owner's undertaking in
the prescribed form, where required by the building official.
9.2.
Every owner and every owner's agent, must carry out construction or have the construction carried out in
accordance with the requirements of the Building Code, this bylaw and other bylaws of the District, 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 his or her 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.
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9.3.
Every owner must allow a building official to enter any building or premises at any reasonable time to
administer and enforce this bylaw.
9.4.
Every owner to whom a permit is issued must, during construction:
(a)
post a civic address on the property so that it may be easily read from the public highway from which
the property takes its address;
(b)
post the permit placard on the property so that it may be easily read from the public highway from
which the property takes its address; and
(c)
provide building officials with safe access to the work site and all areas requiring inspection.
Damage to Municipal Works
9.5.
Every owner to whom a permit is issued is responsible for the cost to repair any damage to municipal works
or land that arises directly or indirectly from any work authorized by the permit.
9.6.
In addition to payment of the security deposit under District bylaws, 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 for which a permit was issued.
Notice
9.7.
Every owner must, at least 24 hours prior to commencing work at a building site, give written or online
notice to a building official of the date on which the owner intends to begin such work.
9.8.
Every owner must give written or online notice to a building official of any change in or termination of
engagement of a registered professional, including coordinating registered professional, during construction,
within 24 hours of when the change or termination occurs.
9.9.
If an owner or a registered professional terminates the engagement of a registered professional, including a
coordinating registered professional, the owner must terminate all work under a building permit until the
owner has engaged a new registered professional, including a coordinating registered professional, and has
delivered to a building official new letters of assurance in the form of a Schedule A and/or B as outlined in
the Building Code.
9.10.
Without limiting Sections 14.42 to 14.47, every owner must give at least 24 hours' online or written notice to
a building official:
(a)
of intent to do work that is required or ordered to be corrected during construction;
(b)
of intent to cover work that is required under this bylaw to be, or has been ordered to be,
inspected prior to covering; and
(c)
when work has been completed so that a final inspection can be made.
9.11.
Every owner must give notice in writing to a building official and pay the non-refundable fee set out in the
District's Fees & Charges Bylaw immediately upon any change in ownership or change in the address of the
owner which occurs prior to the issuance of an occupancy permit.
9.12.
Every owner must give such other notice to a building official as may be required by the building official or
by a provision of this bylaw.
9.13.
Every owner shall obtain, prior to the occupancy of a building or part thereof, written permission from the
building official to occupy the building or part thereof, pursuant to Part 14.
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PART 10. OBLIGATIONS OF OWNER'S CONSTRUCTOR
10.1.
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.
10.2.
Every constructor must ensure that no excavation or other work is undertaken on public property, and that
no public property is disturbed, used or occupied, without first having obtained approval in writing from the
appropriate authority over such public property.
10.3.
For the purposes of the administration and enforcement of this bylaw, every constructor is
responsible jointly and severally with the owner for all work undertaken.
PART 11. REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Requirement for a Registered Professional
11.1.
The owner must retain a registered professional to provide a professional design and plan certification and
letters of assurance in the form of Schedules A, B, C-A and C-B as referred to in the Building Code, in
respect of a permit application:
(a)
prior to the pre-occupancy site review coordinated by the coordinating registered professional or other
registered professional for a complex building; or
(b)
prior to a final inspection for a simple building in circumstances where letters of assurance have been
required in accordance with the requirements of the Building Code, in which case the owner must
provide the District with letter of assurance in the form of Schedules C-A or C-B, as appropriate,
referred to in the Building Code;
(c)
for a building that is designed with common egress systems for the occupants and requires the use
of firewalls in accordance with the Building Code;
(d)
prior to alterations to a building, or to structural component of a building described in
paragraph (b);
(e)
for a building in respect of which the building official determines that site conditions, size or
complexity so warrant in the interests of safety or persons or protection of property under the Building
Code;
(f)
if the building envelope components of the building fall under Division B Part 3 of the Building Code,
the building contains more than 5 (five) dwellings, or if the building envelopes do not comply with the
prescriptive requirements of Division B Part 9 of the Building Code; and
(g)
for a parcel of land on which a building or structure is proposed if the building official believes the
parcel is, or is likely to be, subject to flooding (including high ground water), mud flows, debris flows,
debris torrents, erosion, land slip, rock falls, subsidence or avalanche and the requirements for a
professional design is in addition to a requirement under Division 8 of Part 3 of the Community
Charter
(i)
for a report certified by a professional engineer with experience in geotechnical
engineering that the parcel may be used safely for the use intended; and
(ii)
that the plans submitted with the application comply with the relevant provisions of the
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Building Code and applicable bylaws of the District.
11.2.
The building official may require any registered professional carrying out the professional design and field
review required under Section 11.1 to 11.3 to provide evidence that they have experience and expertise in
respect of the professional design and field review of the context and scope required, and at the discretion
of the building official, a peer review may be required prior to the acceptance of any design or field reviews
conducted by a registered professional.
11.3.
Any registered professional who provides a letter of assurance shall show proof of professional liability
insurance at time of building permit application.
PART 12
REQUIRED PERMITS
Subject to Part 6 of this bylaw, every owner must apply for and obtain a permit, prior to:
(a)
construction or placement of new buildings and structures;
(b)
additions to buildings and structures;
(c)
interior and exterior repairs or alterations of buildings and structures;
(d)
construction of foundations for, and installation of, manufactured homes;
(e)
installation of plumbing systems;
(f)
alterations and addition to plumbing systems;
(g)
Farm Buildings; over 50m2 in floor area;
(h)
installation and alteration of fire protection sprinkler systems;
(i)
installation and alteration of fire alarm systems;
(j)
installation or alteration of mechanical exhaust and fire protection systems for commercial cooking
equipment pursuant to NFPA 96 Ventilation Control and Fire Protection of Commercial Cooking
Operations;
(k)
installation or alteration of spray booths or spray room equipment pursuant to NFPA 33 and wood
dust collection systems pursuant to NFPA 664;
(l)
construction, installation or alteration of chimneys or fireplaces;
(m) installation of solid fuel burning appliances;
(n)
construction of retaining walls:
i.
over 1.2m in height,
ii.
a sequence of retaining walls less than 1.2m in height but spaced less than two horizontal to one
vertical, or
iii.
in the opinion of the building official constitutes a potential unsafe condition;
(o)
the moving or relocating of new or existing buildings including site construction;
(p)
construction or alteration of in-ground pools or pool fences;
(q)
change of occupancy classification for a building or part of a building;
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(r)
construction of a new secondary or accessory suite;
(s)
demolition of buildings or structures; and for
(t)
new or altered driveway access, sidewalk(s) and crossover(s) to a District highway;
unless the works are the subject of another valid and subsisting building permit.
PART 13
CONDITIONS OF PERMIT
13.1
A building permit or an application for a building permit that is in process may not be transferred or assigned
until the owner has notified the building official in writing, the building official has authorized the transfer or
assignment in writing and the owner has paid the non-refundable fee required in the District's Fees and
Charges Bylaw. The transfer or assignment of a building permit is not an extension of a building permit.
13.2
The review of plans and supporting documents and issuance of a building permit does 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.
13.3
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans, drawings,
specifications or supporting documents, nor any inspections made by or on behalf of the District will in any
way
(a) relieve the owner (and if the owner is acting through an agent, the agent of the owner) 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;
(c) or constitute a representation or warranty that the building or structure meets any standard of
materials or workmanship.
PART 14
PERMIT APPLICATION REQUIREMENTS FOR SIMPLE AND COMPLEX BUILDINGS
14.1
Prior to an issuance of a building permit, the owner must satisfy the following requirements or
conditions:
(a)
the owner must apply for and obtain a development permit if the building or structure is in an area
designated by the District's Official Community Plan as a development permit area;
(b)
the owner must ensure 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 owner must provide evidence to the building official showing that the person applying for the
building permit is either the owner of the parcel that is the subject of the proposed building permit, or is
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the agent of the owner, in which case, the agent must provide the name and contact information of the
owner;
(e)
the subject property or building shall be addressed in accordance with District bylaws;
(f)
the owner must show proof of application for registration or exemptions for home warranty for projects
governed under the Homeowner Protection Act;
(g)
if the parcel that is the subject of the building permit application is not intended to be 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;
(h)
if the parcel that is the subject of the building permit application is not intended to be connected to
the District's water system, the owner must apply for and obtain approval from the District and other
applicable public authorities for an alternate water supply system;
(i)
the owner that is the subject of the building permit application must provide design for on-site storm
water drainage system unless the owner applies for and obtains approval from the District to connect
the District's storm water system;
(j)
if all on-site and off-site works and services required by the District bylaws and other enactments have
not been completed in accordance with the enactments, the building official may only issue a permit if
the owner enters into a completion agreement with the District and deliver to the District letters of credit
or cash security for completion of the works and service.
Building Permit Applications for Complex Buildings
14.2
An application for a building permit with respect to a complex building must:
(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
pay applicable fees as prescribed with the District of Summerland Fees & Charges Bylaw;
(c)
be accompanied by the owner's acknowledgement of responsibility and undertaking in the
prescribed form and signed by the owner, or a signing officer if the owner is a corporation;
(d)
include a copy of a title search for the relevant property(s) made within 30 days of the date of the
permit application;
(e)
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;
(f)
include a Building Code compliance summary 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,
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;
(g)
include a copy of a survey plan prepared by a British Columbia Land Surveyor except that the building
official may waive the requirement for a survey plan, in whole or in part, where conditions warrant;
(h)
include a construction fire safety plan, material staging and trucking route plan;
(i)
include a site plan prepared by a registered professional showing (all dimensions are to be shown
in metric and imperial measurements):
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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
covenant 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 and top of bank of any lake, swamp, pond or
watercourse;
vi. north arrow;
vii. if applicable, location of an approved existing or proposed private or other alternative sewage
disposal system, water supply system, or storm water drainage system;
viii. zoning compliance summary;
ix. the location, dimensions and gradient of parking and parking access;
x. proposed and existing setbacks to property lines;
xi. natural and finished grades in geodetic elevations at building corners and significant breaks
in the building plan and proposed grade around the building faces in order to ascertain
foundation height;
xii. on-site storm water management plan;
xiii. first storey floor elevation in geodetic elevation;
xiv. location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xv. line of upper floors and maximum building height in geodetic elevations;
xvi. location and geodetic elevations of curbs, driveways, sidewalks, manholes, and service poles;
xvii. location and depth of existing and proposed service connections;
xviii. access routes for firefighting;
xix. accessible paths of travel from the street to the building;
xx. 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, and
xxi. Where the parcel of land contains slopes in excess of 15%, upon the request of the Building
Official:
1. 0.5 meter contours of the existing ground surface of the parcel;
2. 0.5 meter contours of the proposed final grading;
3. The elevation of all floor areas of the building, the location of all retaining,
driveways, parking areas and other structures on the parcel;
4. The drainage provisions as outlined in the approved subdivision grading plans,
if any, or the approved sedimentation control and storm water management
plans;
except that the building official may waive, in whole or in part, the requirements for a site plan, if
the permit is sought for repair or alteration of an existing building or structure;
(j)
include floor plans showing the dimensions and uses and occupancy classification of all areas,
including: the dimensions and height of crawl and roof spaces; the location, size and swing of doors;
the location, size and opening of windows; floor, wall and ceiling finishes; fire separations; plumbing
fixtures; structural elements; and stair handrail and guard dimensions;
(k)
include a minimum of two cross-sections through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions systems, including
thermal and building envelope assemblies;
(l)
include elevations of all sides of the building or structure showing finish details, roof slopes, windows,
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doors, natural and finished grade, spatial separations and ridge height to comply with the Building
Code and to illustrate that the building or structure conforms with the District Zoning Bylaw and
development permit area guidelines;
(m) include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate
that the building conforms to the Building Code;
(n)
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;
(o)
include copies of approvals required under any enactment relating to health and safety, including,
without limitations, sewage disposal permits, highway access permits and Ministry of Health
approvals;
(p)
include a letter of assurance in the form of Schedule A referred to in the Building Code, signed by the
owner, or a signing officer is the owner is a corporation, and the coordinating registered professional;
(q)
include letter of assurance in the form of Schedule B referred to in 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;
(r)
include one digital copy of plans and specifications in pdf format and two sets of drawings at a suitable
scale of the design prepared by each registered professional containing the information set out in (e) to
(m) of this section;
(s)
include fire flow calculations confirming adequate water supply for firefighting; and
(t)
include all documentation required by District procedure, as amended from time to time;
(u)
include the proposed Alternative Solution as per Section 14.10.
(v)
where the BC Energy Step Code is proposed to be applied, include the pre-construction compliance
report that demonstrates the energy compliance path to which the building conforms, and, where a
building conforms to Subsection 9.36.6. or 10.2.3. of Division B of the Building Code, the Step to which
it conforms.
14.3
In addition to the requirements of Section 14.2 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 and on-site storm water management 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's bylaws;
(b)
a section through the site showing grades, buildings, structures, parking areas and driveways where any
slopes on the subject parcel exceed 15%; and
(c)
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.
Building Permit Applications for Simple Buildings
14.4
An application for a building permit with respect to a simple building must
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(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
pay applicable application fee as prescribed in the District's Fees and Charges Bylaw;
(c)
be accompanied by the owner's acknowledgement of responsibility and undertaking in the
prescribed form and signed by the owner, or a signing officer if the owner is a corporation;
(d)
include a copy of a title search for the relevant property made within 30 days of the date of the permit
application;
(e)
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;
(f)
include a copy of a survey plan prepared by a British Columbia Land Surveyor except that the building
official may waive the requirement for a survey plan, in whole or in part, where conditions warrant;
(g)
include a site plan showing: (all dimensions are to be shown in metric and imperial
measurements)
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 and top of bank of any lake, swamp, pond or
watercourse;
vi.
north arrow;
vii.
if applicable, location of an approved existing or proposed alternative private or other sewage
disposal system, water supply system or storm water drainage system;
viii.
the location, dimensions and gradient of parking and parking access;
ix.
proposed and existing setbacks to property lines;
x.
natural and finished grades in geodetic elevations at building corners and datum
determination points;
xi.
on-site storm water management;
xii.
first storey floor elevation in geodetic elevations;
xiii.
location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xiv.
line of upper floors and maximum building height in geodetic elevations;
xv.
location and geodetic elevation of curbs, driveways, sidewalks, manholes and service poles;
xvi.
location and depth of existing and proposed service connections;
xvii.
access routes for firefighting;
xviii.
accessible paths of travel from the street to the building;
xix.
zoning compliance summary; and
xx.
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 a building is proposed to be located within a
floodplain; and
xxi.
where the parcel of land contains slopes in excess of 15%, and upon the request of the Building
Official, be accompanied by;
a. 0.5 meter contours of the existing ground surface of the parcel;
b. 0.5 meter contours of the proposed final grading;
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c. The elevation of all floor areas of the building, the location of all retaining,
driveways, parking areas and other structures on the parcel;
d. The drainage provisions as outlined in the approved subdivision grading plans,
if any, or the approved sedimentation control and storm water management
plans.
except that for a simple building the building official may waive, in whole or in part, the
requirements for a site plan if the permit is sought for the repair or alteration of an existing building;
(h)
include floor plans showing the dimensions and uses of all areas, including: the dimensions and height
of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of
windows; floor, wall and ceiling finishes; plumbing fixtures; structural elements; and stair dimensions;
(i)
include a minimum of two cross-sections through the building illustrating foundations, drainage,
ceiling heights and construction systems, including thermal and building envelope assemblies;
(j)
include elevations of all sides of the building 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 District of Summerland Zoning Bylaw;
(k)
include cross-sectional details drawn at an appropriate scale and at sufficient locations to
illustrate that the building or structure substantially conforms to the Building Code;
(l)
include copies of approvals required under any enactment relating to health and safety, including,
without limitations, sewage disposal permits, highway access permits and Ministry of Health
approvals;
(m) include an excavation & storm water management plan design prepared by a registered
professional in accordance with the Building Code;
(n)
include geotechnical letters of assurance, in addition to a required geotechnical report, if the building
official determines that the site conditions so warrant;
(o)
include one digital copy of plans and specifications in pdf format and two sets of drawings at a suitable
scale of design including the information set out in (d) to (j) of this section; and
(p)
include a Building Code compliance summary including the applicable edition of the Building Code,
such as, without limitation, whether the building is designed under Part 3 or Part 9 and compliance with
article 2.2.2.1.(2), Division C of the Building Code.
(q)
include the pre-construction compliance report that demonstrate the energy compliance path to which
the building conforms, and, where a building conforms to Subsection 9.36.6. or 10.2.3. of Division B of
the Building Code, the Step to which it conforms.
14.5
In addition to the requirements of Section 14.4 of this part, if a project involves:
(a)
two or more buildings, the gross floor areas of which in the aggregate total more than 1000m2;
(b)
two or more buildings that will contain four or more dwelling units; or
(c)
otherwise if the complexity of the proposed building or structure or siting circumstances
warrant,
a building official may require the following be submitted with a permit application for the
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construction of each simple building in the project:
i.
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's Bylaws;
ii.
a construction fire safety, material staging and trucking route plan;
iii.
a section through the site showing grades, buildings, structures, parking areas and
driveways;
iv.
a roof plan and roof height calculations in geodetic elevations;
v.
structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
vi.
letters of assurance in the form of Schedule B referenced in the Building Code, signed
by a registered professional;
vii.
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.
Professional Plan Certification
14.6
If the letters of assurance in the form of Schedules A and B as referred to in the Building Code , and in
Section 11.1 of this bylaw, are required to be provided under this bylaw or the Building Code, such
letters are relied upon by the District and its building officials as certification that the design and plans
to which the letters of assurance refer substantially comply with the Building Code, this bylaw and
other applicable enactments respecting safety.
14.7
For a building permit issued for construction involving a registered professional, the building official shall
provide the owner with a notice that the building 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
building 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.
14.8
If a building permit is issued for a construction involving registered professionals, the permit fee is to be
reduced as prescribed within the District's Fees and Charges Bylaw.
Alternate Solutions
14.9
An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the
Building Code or this bylaw must submit sufficient evidence, certified by a professional engineer or architect,
to demonstrate that the proposed alternative solutions will provide the level of performance required by the
Building Code or this bylaw and pay the fee specified in District's Fees and Charges Bylaw.
Site and Location Information
14.10
Without limiting Sections 14.2(e) or 14.4 (e) of this part, the building official may in writing require an owner to
submit an up-to-date plan or 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 bylaws have
been complied with;
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(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 owner served with a written requirement under this section must comply with this
requirement.
Building Permit Fee
14.11
Before receiving a building permit for a building or structure, the owner must first pay to the District:
(a)
the building permit fee prescribed in the District's Fees and Charges Bylaw.
14.12
The application fee shall be credited against the permit fee when the permit is issued.
Valuation for Permit
14.13
The valuation of construction set out in the application for a permit shall be the total current monetary
worth of all construction or work related to the building or structure, and shall include:
(a)
site preparation and civil work including excavation and the use of hoisting, pile driving,
compaction or erection devices;
(b)
all design documents, labour and fees involved in the design, investigative testing, consulting services,
construction labour and management, even if provided by the owner, or donated voluntarily by others,
contractor's profit and overhead, sales taxes and the construction insurance; and
(c)
all mechanical, electrical, plumbing, drainage and gas installations necessary for the carrying out of the
construction to its completed form.
14.14
The building official may place a value on the construction or work for the purposes of determining
applicable permit fees by using an appropriate method from the "Marshall Valuation Services" publications
with the updated "current cost multipliers," or such universal source of calculating valuation, as the building
official deems reasonable, practical and expedient.
Security Deposit with Building Permit Application
14.15
An applicant for a building permit must pay to the District, at the time of application, the security deposit
as prescribed within the District of Summerland Fees and Charges Bylaw for:
(a)
Building moves;
(b)
Demolition permits;
(c)
Foundation only building permits; and
(d)
Partial Occupancy deposit.
14.16
The security deposit sum set out in Section 14.15 of this part
(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 referred to in any
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building 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 a security deposit for provisional occupancy when the final inspection notice makes
provision for a security deposit; and
(d)
services as a security deposit to effect compliance with any condition under which the permit was
issued.
14.17
The security deposit or applicable portion must be returned to the applicant
(a)
when the District is satisfied that no further damage to public works or public lands will occur;
(b)
when the inspections required by this bylaw are complete and acceptable to the building official;
and
(c)
when the conditions or provisions of a provisional certificate of occupancy are completed to the
satisfaction of the building official;
only if the applicant has requested the return of the security.
14.18
Any credit greater than the amount of the security deposit used by the District for the purposes described in
Part 14 will 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 corrective work to public lands, public
works, or the site is recoverable by the District from the permit holder, the constructor or the owner of the
property.
14.19
If the proposed work includes excavation or construction on lands within 3.0 meters of works or services
owned by the District, the owner must deliver to the building official a signed agreement in a form prescribed
by the District under which the owner acknowledges and agrees that any damage to municipal works or
services arising from the construction associated with the building permit will be repaired by the owner at its
expense and to the satisfaction of the District Engineer, and the owner must deposit with the District security
in accordance with Sections 14.15 to 14.18.
Permit Fee Refunds
14.20
No fee or part of a fee paid to the District may be refunded if the work authorized by the permit has
started.
14.21
The building official may approve a refund of an application fee or portion thereof only if plan
checking has not commenced.
14.22
A building permit or other permit fee may be partially refunded, only if:
(a)
the owner has submitted a written request for a refund;
(b)
the building official has certified a start has not been made on the construction of the building or
structure; and
(c)
the permit has not expired.
14.23
A building permit or other permit fee is not refundable after the permit has been extended under Section
14.61 of this part.
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14.24
Except as otherwise provided in this bylaw, all fees and charges paid or payable under this bylaw shall be
non-refundable.
Design Modification
14.25
If an issued building permit or other permit is active and the owner proposed 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 building permit fee based on the plan review hourly rate set out in District's Fees and
Charges bylaw.
Construction Before Permit Issued
14.26
The building permit or other permit fee is doubled for every permit application if construction
commenced before the building official issued a permit, to a maximum of $10,000.
14.27
If construction has advanced without inspection to a stage where compliance with this bylaw or other
applicable bylaws or enactments cannot be readily determined, the building official may require tests
and investigations by an independent agency at the owner's expense to establish compliance or provide
recommended remedial measures to be taken, prior to the issuance of a permit.
Expiration of Application for a Permit
14.28
A building permit application expires 90 days from the date an application is received under this part if the
building permit is not issued by the application expiration date, unless the building permit is not issued only
due to delays caused by the District.
Cancellation of Application
14.29
When an application is cancelled:
(a)
the application fee is forfeited to the District; and
(b)
the applicant will be notified in writing confirming cancellation of application and that plans and related
documents submitted with the application will be held for a period of 30 days, then destroyed.
Confirmation of Permit Application Reviews
14.30
Upon receiving a completed permit application, the building official shall provide written confirmation that the
District will either issue a permit, or refuse issuance with reasons for the denial, within:
(a)
31 working days for Simple building permit applications; or
(b)
60 working days for Complex building permit applications.
14.31
If the denial notice is not provided within the timeframes outlined in Section 14.30 (a) or (b), the permit
fee is to be reduced as prescribed within the District's Fees and Charges Bylaw.
Issuance of a Building Permit
14.32
Each building, or structure constructed on a site requires a separate permit and shall be assessed a separate
permit fee based on the value of that building, structure or part thereof.
14.33
If:
(a)
a completed application in compliance with Sections 14.2 and 14.3 or 14.4 and 14.5, including all
required supporting documentation, has been submitted;
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(b)
the owner has paid all applicable fees set out in Sections 14.8, 14.9, 14.11 and 14.13 to
14.19 of the District's Fees and Charge Bylaw;
(c)
the owner or his representative has paid all charges and met all requirements imposed by any other
statute or bylaw;
(d)
the owner has retained a professional engineer or geoscientist if required under this bylaw;
(e)
the owner has retained an architect if required under this bylaw;
(f)
no covenant, agreement, resolution or regulation of the District requires or authorizes the permit
to be withheld; and
(g)
the owner has provided a hazardous materials assessment and remediation compliance letter for
additions or alterations to buildings constructed prior to 1992.
the building official must issue the permit, in the prescribed form, 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
14.34
A building permit will not be issued for a new home unless the owner provides evidence under Section 30(1)
of the Homeowner Protection Act, that the proposed new home:
(a)
is covered by home warranty insurance; and
(b)
will be built by a licensed "residential builder" as defined in that Act.
14.35
Section 14.34 of this part does not apply if the owner is not required to be licensed and to obtain home
warranty in accordance with Sections 20(1) or 30(1) of the Homeowner Protection Act.
14.36
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.
Issuance of Partial Permits
14.37
The building official may issue a permit for a portion of a building or structure before the design, plans and
supporting documents for the entire building or structure have been reviewed provided sufficient information
has been provided to the District to demonstrate to the building official that the portion authorized to be
constructed substantially complies with this and any other applicable District bylaws and the permit fee
applicable to that portion of the building or structure has been paid. Notwithstanding the issuance of the
permit, the requirements of this bylaw shall apply to the remainder of the building or structure as if the permit
for the portion of the building or structure had not been issued.
14.38
If a site has been excavated under a building permit for excavation issued under this bylaw and a building
permit is not subsequently issued or a subsisting building permit has expired under Section 14.58, but
without the construction of the building or structure for which the building permit was issued having
commenced, the owner must fill in the excavation to restore the original gradients to the site within 60 days of
being served notice by the District to do so.
14.39
If a building permit has expired and partial construction has progressed, with no extension requested of the
building official under Section 14.62, permanent type fencing with privacy screen complying with the District's
Zoning Bylaw, must be erected around the building site..
Sanitary Facilities during construction
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14.40
During the time a building 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 from individual persons who enter on the parcel in relations to the work referred to
in the permit, which facilities must be accessible and unlocked when not occupied while work 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 Code 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.
Inspections for Simple Buildings
14.41
Despite the requirement for the building official's acceptance of the work outlined in Section 14.45, if a
registered professional provides letters of assurance, the District will rely solely on field reviews undertaken
by the registered professional and the letters of assurance submitted pursuant to this bylaw as assurance that
the aspects of the construction referenced by those letters of assurance substantially conform to the design,
plans and specifications and that the construction complies with the Building Code, this bylaw and other
applicable enactments respecting safety, and with the professional designs and other plans and documents
submitted to the Building Official in support of the permit application. Copies of all field reviews must be
submitted to the District.
14.42
Despite Section 14.42 of this part, 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.
14.43
A building official may attend periodically at the site of the construction of simple buildings or structures to
ascertain whether the work is being carried out in substantial conformance with the Building Code, this
bylaw and any other applicable enactments concerning safety.
14.44
For all work in respect of Simple buildings, the owner must give at least 24 hours' notice to the District
when requesting an inspection and must obtain an inspection and receive a building official's written
acceptance of the following aspects of the work prior to concealing them:
(a)
Pre-construction site review when required by the building official;
(b)
Footings/excavation - after preparation for footings are complete, prior to placement of concrete;
(c)
Foundation -after forms for foundation walls are completed, prior to placement of concrete;
(d)
Damp-proofing - after damp-proofing and foundation drainage are in place, prior to backfilling;
(e)
Sanitary sewer service -after sewer line is in place and under test, prior to backfilling;
(f)
Domestic water service - after the water service lines are in place and water has been turned on, prior
to backfilling;
(g)
Under-slab plumbing - and underground fire suppression supply lines, prior to covering;
(h)
Under-slab/foundation insulation - after slab preparation for soil gas requirements, the
preparation of ground, including ground cover when required, perimeter insulation of inside of
concrete foundation walls are in place, prior to covering;
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(i)
Plumbing Rough-in - installation of rough-in plumbing, when complete and under test,
including interior water supply and drain waste and vent piping, prior to covering;
(j)
Exterior sheathing membrane and flashing prior to exterior finishes being applied;
(k)
Framing - framing, sheathing, fire stopping, bracing, with installation of chimney and ductwork,
rough wiring, rough plumbing, rough heating, gas venting, exterior doors and windows, prior to the
installation of insulation, interior finishes, sheathing paper or exterior finishes which would conceal
such work;
(l)
Fire Separations/fire blocking - installation of required fire separations prior to completing;
(m) Insulation/Vapour Barrier - insulation, air and vapour barrier, after all insulation and vapour barrier is
in place but prior to interior finish being applied which would conceal the work;
(n)
Plumbing Final - all plumbing requirements for occupancy.
(o)
Occupancy and Final, - after the health and safety aspects of the work and the conservation, GHG
emissions reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
14.45
A building official will only carry out an inspection under Section 14.44 if the owner or the owner's agent
has requested the inspection, via telephone, online or in writing in accordance with this bylaw.
14.46
No person may conceal any aspect of the work referred to in Section 14.44 of this bylaw until a building
official has accepted it in writing.
Complex Building Commissioning
14.47
For work in respect of complex buildings, the owner must:
(a)
give at least 48 hours online or written notice to the District when requesting a pre-construction meeting
with the building official prior to the start of construction, and the owner or his or her representative
must ensure that the coordinating registered professional, the constructor, as well as representatives of
major trades, are in attendance;
(b)
give at least 48 hours online or written notice to the District when requesting a pre-occupancy meeting
coordinated by the coordinating registered professional or other registered professional to have the
owner, the constructor, and the registered professionals demonstrate to the building official and District
Fire Department the compliance with the health and safety aspects of the work, the coordination and
integration of the fire and life safety system, applicable District requirements and other enactments
respecting safety and the conservation, GHG emissions and accessibility aspects of the work; and
(c)
cause the coordinating registered professional, at least 48 hours prior to the pre-occupancy
coordinated site review coordinated by the coordinating registered professional, to deliver to the
building official the Confirmation of Required Documentation described in the prescribed form,
complete with all documentation in a hard covered three ring binder and in digital pdf format on a
memory stick.
Stop Work Orders
14.48
The building official may direct the immediate suspension or correction of all or a portion of the construction
on a building or structure by attaching a stop work order notice in the prescribed form on the premises when
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 bylaw of the District.
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14.49
The owner must immediately, after the posting of a notice under Section 14.47, secure the construction and
the lands and premises surrounding the construction in compliance with the safety requirements of every
statute, regulation or order of the Province or of a Provincial agency and of every applicable bylaw of the
District.
14.50
Subject to 14.47, no work other than the required remedial measures may be carried out on the parcel
affected by the notice referred to in Section 14.47 until the stop work order notice has been removed by the
building official.
14.51
The notice referred to in Section 14.47 must remain posted on the premises until that which is contrary
to the enactments has been remedied.
Do Not Occupy Notice
14.52
If 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 prescribed form on the affected part of the
building or structure.
14.53
If a notice is posted under Section 14.52, 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 and this bylaw have been
substantially complied with and the Do Not Occupy Notice has been rescinded in writing by a building
official.
Inspection and Other Fees
14.54
In addition to the fees required under other provisions of this bylaw, the owner must pay the applicable
non- refundable fee set out in the District's Fees and Charges Bylaw for:
(a)
a second 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 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)
where a required inspection is requested to be done after the hours during which the offices of the
District of Summerland are normally open, an inspection charge shall be payable based on the time
actually spent in making such inspection, including travel time.
Permit Expiration
14.55
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 from the date of
issuance of the permit unless extended under Part 14;
(b)
work is discontinued for a period of 180 days; or
(c)
the work is not completed within 24 months of the date of issuance of the permit unless
otherwise specified by the Building Official.
14.56
Where a permit has expired, the work shall cease and the construction shall be removed, unless a new
permit application is made within 90 days of the expiry date of the permit.
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14.57
Where a permit has expired, and a new permit application is made, all construction shall comply with this
bylaw, the Building Code and any other District bylaws and enactments in force at the time of the new
application.
Permit Extension
14.58
Where construction has not commenced within 180 days from the date the permit was issued, the building
official may extend the permit for a period not more than 180 days from the date of expiry of the original
permit, but the permit shall then be void if construction has not started within 360 days from the original
date of the issuance of the permit, if
(a)
application for the extension is made at least 30 days prior to the date of permit expiration, and
(b)
the non-refundable fee set out in the District's Fees and Charges Bylaw has been paid.
14.59
Where construction has commenced and has not been discontinued or suspended for a period of more than
180 days, the building official may extend the expiry date for the permit for such period of time as the building
official considers reasonable, where the building official is satisfied that there exists a reasonable excuse for
the delay in completing construction, if
(a)
application for the extension is made at least 30 days prior to the date of permit expiration; and
(b)
the non-refundable fee set out in the District's Fees and Charges Bylaw has been paid.
Building Permit Cancellation
14.60
A building permit, or a building permit application, may be cancelled by the owner, or his or her agent,
on delivery of written notification of the cancellation to the building official.
14.61
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".
14.62
If a building permit application or permit is cancelled, and construction has not commenced under the permit,
the building official must return to the owner any fees deposited under the District's Fees and Charges Bylaw.
Partial Occupancy
14.63
A building official may issue a final inspection notice for partial occupancy of a portion of a building or
structure under construction 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, and if applicable, accessibility, GHG emissions and
conservation;
(b)
the requirements set out in Section 14.70 have been met with respect to it; and
(c)
security deposit fees are paid as prescribed by the District of Summerland Fees and Charges Bylaw.
14.64
The owner, developer or builder shall ensure that no unsafe condition exists or will exist resulting from the
work being undertaken or not completed.
Occupancy
14.65
No person may occupy a building or structure or part of a building or structure until a final inspection notice
has been issued by a building official for:
(a)
the first occupancy of a building or structure or part thereof after completion of construction; or
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(b)
any change of class of occupancy of any building or structure or part thereof.
14.66
The building official may withhold an occupancy permit until the building, structure or part thereof complies
with this bylaw, the Building Code and any other applicable bylaws or enactments.
14.67
The building official may revoke an approval for occupancy for failure to comply with any conditions of the
approval.
Final Inspection
14.68
A final inspection notice 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 requiring inspection and acceptance pursuant to Sections 14.43 and
14.46 of this bylaw have both been inspected and accepted or the inspections and
acceptance are not required in accordance with this bylaw;
(c)
at the discretion of the building official, the owner has provided to the District a building 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;
(d)
the owner has delivered to the District as-built plans of buildings, structure and/or works and services
in digital format as required by the District;
(e)
the owner has executed and delivered to the District every agreement, instrument or form required
by the District in relation to the work or the site;
(f)
all other documentation required under applicable enactments has been delivered to the District;
(g)
where any of the requirements for life and fire safety have been deemed to be satisfied by an
alternate solution pursuant to provisions of the Building Code, the owner shall submit to the building
official, prior to occupancy of the building or structure, certification from the registered professional
responsible for the equivalency, that the construction substantially complies with the requirements set
out in the alternate solution report; and
(h)
all required offsite works respecting safety have been completed.
14.69
When a registered professional provides letters of assurance in accordance with this bylaw, the District will
rely solely on the letters of assurance when issuing a final report authorizing occupancy as assurance that
the items identified on the letters of assurance substantially comply with the design, the Building Code, this
bylaw and other applicable enactments respecting safety and with the professional design and the plans and
documents submitted in support of the permit application.
Finished Grades and Slope Retention
14.70
Except as certified by a professional engineer with expertise in geotechnical engineering registered in the
province of British Columbia, fill material placed on a parcel, unless restrained by permitted retaining walls,
must not have a surface slope exceeding a ratio of one linear unit vertically to two linear units horizontally.
14.71
Without limiting section 14.72 of this bylaw, no person may occupy a building unless the finished grade
complies with all applicable enactments.
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Lowest Floor Level Height Above Ground Water
14.72
When required by the building official, the owner shall provide a test hole for each project which shall
show the depth of ground water.
14.73
Unless the floor slabs and foundation walls are waterproofed as per the requirements in the building
code, all floor slabs and crawl space ground covers shall be placed a minimum of 600 mm above the
established high ground water table level.
PART 15
BUILDING MOVE PERMIT
15.1
Without limiting Section 6.3 of this bylaw, no person shall relocate a manufactured home, structure, building
or part thereof into the District or from one property to another within the District unless the owner or agent has
first obtained a building permit for that purpose as provided for in this bylaw.
Application Requirements
15.2
An application for a building permit to move a building must:
(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
include the applicable fees as prescribed in the District of Summerland Fees and Charges Bylaw;
(c)
provide a site plan showing:
i. the location of the proposed building and any accessory buildings in relation to existing
buildings on the property in the form of a site plan drawn to scale;
ii. distances from the proposed building and all existing buildings to the property boundaries;
(d)
include drawings showing construction details for on-site construction as outlined in Section
14.2 or 14.4; and
(e)
include written confirmation from the manufactured home park owner or authorized
representative.
15.3
The relocation of manufactured homes factory constructed and assembled more than 15 years prior to the
date of permit application is prohibited. The year, make, model and serial numbers shall be determined by the
CSA Rating Plate and/or the Province of British Columbia Mobile Home Registry.
15.4
A building official may require a report from an accredited restoration company or registered professional
with experience in environmental engineering stating that there are no environmental issues or hazards
regarding health and safety to occupants prior to issuing a building permit to relocate a manufactured
home, mobile home or other building.
15.5
Where a manufactured home or mobile home is less than five years old, the building evaluation may be
waived by the building official.
Permit Issuance
15.6
The building official may issue a permit for construction involved in the moving of any building, structure
or part thereof into or within the District when the owner has:
(a) finalized disconnection of services;
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(b) finalized any outstanding taxes owing and utility billing accounts to the District;
(c) received approval for safe route transport in the form prescribed by the District's Works & Infrastructure
department;
(d) provided a hazardous assessment and clearance letter for the demolition of any existing on- site
construction for buildings constructed prior to 1992; and
(e) deposited with the District a security deposit as prescribed within the District's Fees and
Charges Bylaw.
Permit Completion Conditions
15.7
All construction including relocations, alterations and additions for relocated manufactured homes, mobile
homes or other buildings shall be completed with 180 days of the date the permit was issued.
15.8
If the owner does not move the building, structure or part thereof for which a permit is issued and complete
construction within the time specified in Section 15.7, the building official may notify the owner in writing
and direct the owner to complete that work within 30 days from the date of the notice.
15.9
If the work is not completed within the 30 days, the District or its agent may enter, clean and tidy the site at
the expense of the owner and the costs shall be deducted from the security deposit.
15.10
If the building, structure or part thereof to be moved is located on a property in the District, then the property
must be returned to a safe, clean and tidy condition within 120 days from the date of issuance of the permit.
PART 16
DEMOLITION PERMITS
16.1
Without limiting Section 6.3 of this bylaw, a person must not demolish or partially demolish a building
or structure without making application and receiving a valid building permit.
Application Requirements
16.2
An application for a building permit to demolish a building or structure must:
(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
include the applicable fees as prescribed in the District of Summerland Fees and Charges Bylaw;
(c)
provide a site plan showing all buildings and structures and servicing locations;
(d)
provide a vacancy date;
(e)
provide a hazardous materials assessment and remediation clearance letter for buildings
constructed prior to 1992;
(f)
include payment of capping fees as set out in the District's bylaws governing water, electrical and
sewer utilities; and
(g)
ensure that all municipal services and other services are capped and terminated at the
property line in accordance with District standards.
Demolition sites
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16.3
The following items shall be required at demolition sites to the satisfaction of the building official:
(a)
the demolition of buildings and structures shall be in accordance with Part 8 of the Building Code
"Safety Measures at Construction and Demolition Sites";
(b)
all construction material and debris, including concrete foundations and septic tanks are to be
removed from the site;
(c)
the site shall be level or graded, or made safe if levelling and grading are not possible;
(d)
the site shall be left in a clean and tidy condition within 90 days from the date of issuance of the
demolition permit;
(e)
should demolition not have commenced by the 90-day expiry date, the building official may at his or her
discretion cancel the permit by written notification. There shall be no refund for the demolition inspection
permit, and where applicable, the security deposit shall be returned;
(f)
any request to extend the 90-day time limit shall be received 30 days prior to the date of expiry. The
request shall be in writing from the owner or their agent and approved in writing by the building
official; and
(g)
where required for industrial and commercial demolition sites the Environmental Management Act shall
apply.
Delayed Demolition Requests
16.4
Upon written request by the owner, a demolition permit may be issued without service disconnects or
hazardous materials remediation for a period of up to 180 days.
Security for Demolitions
16.5
Security deposits for demolition permits shall be required for all demolitions of buildings or structures
requiring a permit in an amount prescribed within the District of Summerland Fees and Charges Bylaw.
(a)
the security deposit shall be held by the District until the site is restored to a safe and tidy
condition to the satisfaction of the building official;
(b)
if the owner fails to leave the site in a clean and tidy condition to the satisfaction of the building official
with the 90-day time limit, the District or its agent may enter, clean and tidy the site at the expense of
the owner and costs shall be deducted from the security deposit;
(c)
if the security deposit is insufficient to cover the costs of tidying and cleaning the site, the owner
shall within 30 days of invoice from the District pay the balance of the costs over the amount of the
security deposit; and
(d)
if the costs are unpaid on the 31st day of December in the year which the demolition occurred the costs
shall be added to and form part of the property taxes payable as taxes in arrears.
PART 17
FIRE ALARM PERMITS
17.1
Without limiting Section 6.3 of this bylaw, a person must not install, replace or alter a fire alarm system
without making application and receiving a valid building permit.
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Application Requirements
17.2
An application for a mechanical permit with respect to a residential occupancy for Simple buildings must:
(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
include the applicable fees as prescribed with the District of Summerland Fees and Charges Bylaw,
and;
(c)
two (2) sets design drawings and specifications prepared by a registered professional along with
letters of assurance.
Professional Design and Commissioning
17.3
The design, installation, commissioning and maintenance of the fire alarm system shall conform to:
(a)
the B.C. Building Code; and
(b)
all relevant standards of the National Fire Protection Agency (NFPA) pertaining to fire
suppression systems.
17.4
Where a permit is required, no engineered mechanical system shall be put into use until it has been tested
and accepted by the registered professional who is responsible for its design, as applicable.
PART 18
PLUMBING AND FIRE SUPPRESSION PERMITS
18.1
Without limiting Section 6.3 of this bylaw, a person must not install, replace or alter a plumbing or fire
suppression system without making application and receiving a valid building permit.
Application Requirements
18.2
An application for a plumbing or fire suppression permit shall:
a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
b)
include payment of the applicable fees as prescribed in the District of Summerland Fees and Charges
Bylaw;
c)
provide two (2) sets of isometric drawings where works are not performed by a qualified plumber
for single detached dwellings projects; or
d)
provide two (2) sets drawings of design drawings for storm water management systems,
prepared by a registered professional along with letters of assurance.
18.3
The design, installation and maintenance of plumbing and fire suppression systems shall conform to:
a)
the B.C. Plumbing Code;
b)
the B.C. Building Code, Division B, Part 3, Section 3.2.5 Provisions for Fire Fighting; and
c)
all relevant standards of the National Fire Protection Agency (NFPA) pertaining to fire
suppression systems.
Inspections and Commissioning
District of Summerland Building Bylaw No. 2022-002
Page 36 of 44
18.4
Where a plumbing system has been installed or altered under permit for a Simple building, an
inspection shall be requested before:
a)
the system is covered up; or
b)
the system is used.
18.5
Where a plumbing system or fire suppression system has been installed or altered under permit for a
complex building it shall not be put into use until it has been tested and accepted by the registered
professional who is responsible for its design, as applicable.
PART 19
POOL PERMITS
19.1 Without limiting Section 6.3 of this bylaw, a person must not construct, or structurally repair, an in-ground
swimming pools, wading pools, fish ponds and other artificial bodies of water, with a depth of more than 0.6
m at any point, and an area larger than 5.0m2 in area without making application and receiving a valid
building permit.
Application Requirements
19.2
An application for a building permit with respect to a pool permit must:
a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
b)
include payment of the applicable fees as prescribed in the District's Fees and Charges Bylaw;
c)
provide a site plan showing the location and distances of the proposed pool and any
accessory buildings in relation to existing buildings on the property;
d)
include construction details for the pool and the proposed method of enclosure of the pool area;
and
e)
include approval of design from the Local Health Authority having jurisdiction, if the pool is
accessible for public use.
Professional Design
19.3
In accordance with Section 11.3 of this Bylaw, professional design and field reviews may be required,
subject to the complexity of the design and the condition of soils where the pool is to be located.
Fencing
19.4
A in-ground swimming pool 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 1.22 m and no openings
greater than 100 mm at their greatest dimension. Where the access to the swimming pool is from a dwelling
located on the same property as the swimming pool, the access may be directly from the dwelling.
19.5
The fence or equivalent barrier referred to in Section 19.4 shall be of chain link type material, solid material
with a flat vertical surface, or vertically oriented material.
19.6
A swimming pool fence or equivalent temporary barrier shall be in place, inspected and approved prior to
placing the water in a pool.
Pool Gate
District of Summerland Building Bylaw No. 2022-002
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19.7
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 be secured by a latch located on the swimming pool, spa or hot tub side of
the gate.
19.8
All openings or gates in the fence or barrier shall be locked closed when not in use.
Above Ground Pools
19.9
A swimming pool which is located above ground and has vertical sides of at least 1.2 m may be
protected from access by fencing the access ladder to limit access, with a child resistant self- closing
and self-latching gate through the fence.
Drainage
19.10
Drainage from pools must be contained and disposed of on the same property as the pool is located
and discharged to the ground where practical to do so.
Public Pools
19.11
Pools intended for public use shall not be occupied until an Operating Permit for the pool has been issued
by the Local Health Authority.
PART 20
RETAINING WALL PERMITS
20.1
Without limiting Section 6.3 of this bylaw, a person must not construct, or structurally repair, a retaining
wall without a valid building permit.
20.2
Retaining walls are not permitted to be constructed of stacked un-cemented rock or boulders or
creosoted timbers.
Application Requirements
20.3
An application for a building permit with respect to a retaining wall must:
(a)
be made in the prescribed form and signed by the owner, or a signing officer if the owner is a
corporation;
(b)
including payment of the applicable fees as prescribed in the District of Summerland Fees and Charges
Bylaw; and
(c)
provide a site plan showing all buildings and structures and servicing locations.
Professional Design and Permit closure
20.4
A registered professional shall undertake the design and conduct field reviews of the construction and
drainage of a retaining structure greater than 1.2 m in height or where a sequence of retaining walls are
located closer than 2 horizontal to 1 vertical.
Site Safety Conditions
20.5
If a building official determines that an unsafe condition exists as the result of the construction of a retaining
wall requiring a building permit, a guard or fence may be required.
District of Summerland Building Bylaw No. 2022-002
Page 38 of 44
PART 21
RENOVATIONS TO DOWNTOWN BUILDINGS
21.1
Renovations or alterations to existing commercial buildings located within the geographic area limits of
Rosedale Avenue, Jubilee Road West, Wharton Street, and Victoria Road North and as indicated in the map
illustrated below shall be subject to the provisions in Section 21.2:
21.2 Renovations or alterations to existing commercial buildings located in the area identified in Section 21.1 that are
non-conforming to the Building Code shall be upgraded to the minimum level as described in Table 1 below. The
upgrading is based on the aggregate project value of all building permits issued over the previous 24 month
period immediately preceding the date of application of a proposed building permit, including the value of the
proposed project, to the actual value of the building, as determined by the Assessment Authority of B.C.,
expressed as a percentage:
Table 1: Downtown Building Code Compliance Levels
Construction Value of
Renovation Project as
percentage of Building
Assessed Value
Level of BCBC Code
compliance required
Accessibility upgrades
required
< 10%
health and life safety
improvements only
Yes
10% - 25%
25% + health and life
safety improvements
Yes
25% - 75%
50% + health and life
safety improvements
Yes
> 75%
100% BCBC
Yes
District of Summerland Building Bylaw No. 2022-002
Page 39 of 44
21.3
When voluntary upgrades for fire alarm systems, sprinkler systems, exits, accessibility, seismic work, and
building envelope are performed along with other alterations, additions and changes of major occupancy in
existing buildings, the applicant may deduct the value of this work from the aggregate value of the project costs.
21.4
The level of Building Code compliance as prescribed in Section 21.2 shall be determined by the building official
in the review of the proposed scope of renovations.
21.5
Notwithstanding Section 21.2, all new commercial buildings located within the downtown core must be
constructed to be in full conformance of the B.C. Building Code.
PART 22
ACCESS ROUTE FOR FIRE DEPARTMENT ACCESS
22.1
Prior to the issuance of a building permit for a simple building of multi-family or commercial occupancy under
Part 9 of the Building Code, the owner must satisfy the building official that the building or structure for which
the permit is issued will be served by a fire access route that satisfies the District's bylaws.
PART 23
CLIMATIC DATA
23.1
The climatic data for the design of buildings in the District shall be the data provided in Appendix A.
PART 24
ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION
Step Code Requirements
24.1
In relation to the conservation of energy and the reduction of greenhouse gas emissions, the District
incorporates by reference the BC Energy Step Code as outlined in the Building Code in accordance with
Section 24.2.
24.2
A residential building regulated by Part 9 of the Building Code must be designed and constructed to meet the
minimum performance requirements specified in
(a)
Step 1 of the BC Energy Step Code for all Part 9 residential buildings;
(b)
As of September 1, 2022, Step 3 of the BC Energy Step Code for all Part 9 residential buildings.
24.3
For a Part 9 building or structure that is designed in compliance with the applicable step of the BC Energy Step
Code but where the constructed building or structure does not meet the performance requirements of the
applicable step of the energy Step Code, the building official may issue an inspection note for partial
occupancy, or occupancy of the building or structure and a Section 57 Notice on Title of the Community
Charter will be registered against the property title stating that the building or structure has not met the
performance requirements for the applicable step of the BC Energy Step Code.
24.4 The owner of any building subject to a requirement under section 24.2 must do the following prior to the
issuance of any occupancy permit in respect of the building:
a) submit to the District a BC Energy Compliance Report - As built with all sections including section
"F" completed; and
b) affix one of the following home energy labels to the building in a conspicuous location, upon or in
close proximity to the electrical panel:
i.
an EnerGuide Rating System label
ii.
a Passive House Certification; or
iii.
a comparable home energy label acceptable to the building official.
District of Summerland Building Bylaw No. 2022-002
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24.5 Prior to receiving a building official's written acceptance for sub-section 14.43 (m), the owner shall submit a
mid-construction compliance report as prescribed within the BC Building Code. The submission of a mid-
construction compliance report shall be subject to a building permit fee rebate in accordance with the District's
Fees and Charges Bylaw.
Solar-Ready Construction
24.6
Applications for building permits for construction of new buildings of residential occupancy that contain one
dwelling unit or one dwelling unit and one secondary suite must contain plans or other information satisfactory
to the building official to confirm that the construction contains two (2) conduit runs from the roof-top or attic
space to the electrical panel for the future use of a solar photo-voltaic (PV) panel system.
24.7
Where it is shown to the satisfaction of the building official that building site conditions do not permit the
effective use of solar PV systems, section 24.6 does not apply.
Electric Vehicle (EV) Ready Construction
24.8
Where parking spaces are provided for Part 9 residential buildings, an energized outlet capable of providing
Level 2 Electrical Vehicle (EV) charging or higher must be installed for a minimum of one parking space per
dwelling unit.
24.9
The electrical installations required for Section 24.8, including the service capacity of the installation, the
number and distribution of circuits and receptacles, shall meet the requirements of the Electrical Safety
Regulation.
24.10 Where the requirements of Section 24.8 would cause the dwelling unit calculated load to exceed 200 A in a
building containing not more than 2 primary dwelling units only, with or without ancillary residential suites, the
installation of an energized outlet for Level 2 charging may be omitted.
PART 25
NUMBERING OF BUILDINGS
25.1
Immediately upon issuance of a building permit governing the construction, alteration or repair of a building,
or prior to and during 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;
(b)
until such time as the building is removed from the site or has been demolished.
25.2
Despite Section 25.1, a building official may renumber or alter the assigned numbers in respect of
any building or any parcel, including those already in existence or numbered.
25.3
Without limiting Sections 25.1 or 25.2, a building official must, on the issuance of a building permit,
designate a house number or set of house numbers related to the building authorized by the permit.
25.4
Without limiting Sections 25.1 through 25.3, on issuance of an occupancy permit, 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.
District of Summerland Building Bylaw No. 2022-002
Page 41 of 44
PART 26
TEMPORARY RESIDENCE DURING PERIOD OF CONSTRUCTION
26.1
Where a temporary residence is required during the period of construction of a new residence, the following
conditions shall apply:
(a)
no more than one temporary residence shall be permitted on a lot and only when deemed
necessary by the building official upon request of an owner.
(b)
the temporary residence may include a modular manufactured home or an existing single
detached dwelling legally sited on the subject property;
(c)
a manufactured home or modular manufactured home that is used for a temporary dwelling shall be
sited in conformity with the regulations of this bylaw and the Provincial Health Act and shall not be sited
on a permanent foundation with a basement excavation;
(d)
the temporary residence shall be removed from the owner's land within 30 days of the end of the
period of construction of the new residence except that the temporary residence may be converted to
a non-dwelling use permitted within the applicable zone subject to compliance with all other
regulations of the applicable zone with respect to density and the siting, size, and dimensions of the
building;
(e)
removal of all kitchen and bathroom cabinets, plumbing fixtures, hot water tanks, furnaces, and
sewer connections except that some of said facilities may be retained for home occupation and
workshop purposes as determined by the building official;
(f)
refinishing of the exterior of the building to portray a building intended for the proposed use;
(g)
completion of the conversion within 30 days of the end of the period of construction of the new
residence;
(h)
a covenant shall be registered pursuant to Section 219 of the Land Title Act to permit the temporary
residence during the period of construction and to prohibit the temporary residential dwelling use from
continuing after the period of construction ends. The covenant shall also include an agreement by the
owner to indemnify and save harmless the District against all costs and expenses incurred by the
District, in default by the owner, in the conversion, demolition, or removal of the temporary residence,
and/or legal costs incurred in pursuing such legal remedies as the District sees fit. The covenant shall be
registered as a condition precedent to the issuance of a building permit for the new residence;
(i)
an irrevocable unconditional letter of credit shall be drafted in favour of the District, to be held as security
for performance by the owner of his covenants and obligations with respect to the conversion, demolition
or removal of the temporary residence. The amount of the letter of credit shall be 1.5 times the estimated
cost of conversion, demolition, or removal of the temporary residence, which estimate shall be obtained
from a qualified building, demolition, or moving contractor at the owners expense. The letter of credit
shall be provided as a condition precedent to the issuance of a building permit for the new residence.
Notwithstanding the above provisions and where a manufactured home is intended to be used as the
temporary residence, a letter of credit or certified cheque in the amount of $1,500.00 may be accepted
by the building official. Where a modular manufactured home is intended to be used as the temporary
residence, a letter of credit or certified cheque in the amount of $3,000.00 may be accepted by the
building official; and
(j)
for the purposes of this section, "period of construction" shall mean the period of time commencing when
a building permit is issued for the new residence and ending either one year from the date of issuance of
the permit or when a notice of conversion, demolition, or removal is delivered to the owner, whichever
event first occurs. The notice of conversion, demolition, or removal of the temporary residence shall be in
writing and delivered from the office of the building official of the District.
District of Summerland Building Bylaw No. 2022-002
Page 42 of 44
PART 27
FIRE LIMIT AREA AND FIRE & LIFE SAFETY REQUIREMENTS
27.1
Please note that the District of Summerland has two bylaws separate from this bylaw that provide guidance
on the installation of fire sprinkler system requirements for multi-storey buildings (Fire Limit Area Bylaw No.
2000-114) and the requirement to provide an equipment room/closet and fire fighting equipment on specified
floors for buildings with 6 or more stories (Fire and Life Safety Bylaw No. 2421).
PART 28
UNSAFE CONDITIONS
28.1
If the supply of electricity or natural gas has been disconnected due to a hazardous or potentially
hazardous situation existing in the building or structure or part thereof, the supply of electricity or natural
gas to the building or structure shall not be reconnected, and the building shall not be occupied until:
(a)
the owner has applied to the building official for a special safety inspection pursuant to this part and
has paid the required fees;
(b)
the building, structure or part thereof has been inspected by the building official and, if considered
necessary by the building official, by the Technical Safety BC for compliance with this bylaw and any
other bylaws or Provincial statutes or regulations relating to building, electrical, gas or fire safety;
(c)
the owner has obtained permits required to carry out the works necessary to bring the building,
structure or part thereof into compliance with the bylaws, statutes, and regulations; and
(d)
all of the works referred to in Section 28.1(c) have been completed and the building or
structure has been brought into compliance with bylaws, statutes and regulations.
PART 29
OFFENCES AND ENFORCEMENT
Violations
29.1
Every person who violates any of the provisions of this Bylaw, or who suffers or permits any act or thing to be
done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains
from doing anything required to be done by this Bylaw, commits an offence. Each day during which a violation,
contravention or breach of this bylaw continues is deemed to be a separate offence.
29.2
Every person who fails to comply with any order or notice issued by a building official contravenes this bylaw.
29.3
Every person who commences work requiring a building permit without first obtaining such a permit must, if a
Stop Work Order is issued and remains outstanding for 30 days, pay an additional charge as outlined in the
District bylaws.
Deemed Offence
29.4
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.
29.5
No person is deemed liable under Section 29.4 who establishes, on a balance of probabilities, that the
construction or change of use or occupancy occurred before they became the owner of the parcel.
29.6
Nothing in Section 29.5 affects:
a)
the District's right to require and the owner's obligation to obtain a permit; or
District of Summerland Building Bylaw No. 2022-002
Page 43 of 44
b)
the obligation of the owner to comply with this bylaw.
PART 30
REPEAL
30.1
District of Summerland "Building Regulations Bylaw No. 2013-017" and all amendments thereto are
hereby repealed upon adoption of this bylaw.
PART 31
IN FORCE
31.1
This bylaw comes into force and takes effect on the date of adoption.
Read a first time, as amended to include application information requirements ensuring conformance with
the BC Energy Step Code, this 14th day of February, 2022.
Read a second and third time this 14th day of February, 2022.
Third reading rescinded this 28th day of February, 2022.
Read a third time, as amended, this 28th day of February, 2022.
Adopted this 14th day of March, 2022.
_______________________
Mayor
_______________________
Corporate Officer
District of Summerland Building Bylaw No. 2022-002
Page 44 of 44
APPENDIX A - CLIMATIC DATA1
January
2 ½%
Design Temperature
-17ºC
January
1%
Design Temperature
-20ºC
July
2 ½%
Design Temperature, dry bulb
33ºC
July
2 ½%
Design Temperature, wet bulb
20ºC
Degree days below 18ºC
3730
15 minute rainfall
10mm
One day rainfall
69mm
Annual total precipitation
317mm
Maximum snow load on the ground
Ss = 2.1 kPa
Maximum rain load
Sr = 0.1 kPa
Wind pressures probability
1/10 = 0.34 kPa
Wind pressures probability
1/50 = 0.47 kPa
Depth of frost
600mm
Seismic data
Geodetic Elevation of
Okanagan Lake
343.66 m Geodetic Survey of Canada (GSC) datum
1 Bylaw 2026-009 replaced Schedule A in its entirety (March 25, 2026)
SITE CLASS
A
B
C
D
Unknown /E
Smax
0.079
0.099
0.177
0.288
0.339