District of Tofino Building Bylaw No. 1256, 2019 (Consolidated)
Tofino, British Columbia
· No. 1256
· adopted 2019-06-11
· summary & facts
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CORPORATION OF THE
DISTRICT OF TOFINO
District of Tofino Building Bylaw No. 1256, 2019
Consolidated for Convenience Only
This is a consolidated version of the parent bylaw that incorporates changes made
pursuant to the following amendment bylaws:
Amendment Bylaw
Effective Date
Bylaw No. 1256.01, 2019
December 10, 2019
Bylaw No. 1256.02, 2021
March 23, 2021
Bylaw No. 1256.03, 2022
February 22, 2022
Bylaw No. 1256.04, 2026
February 10, 2026
This consolidation is for convenience and reference purposes only. Persons making use
of this consolidated version of Bylaw No. 1256, 2019 are advised that it is not a legal
document. For the purposes of interpreting and applying the law, the original Bylaw No.
1256, 2019 and all amending bylaws must be consulted.
Bylaw numbers appearing in the margin of this consolidated version refer to the
applicable amendment bylaw.
District of Tofino Building Bylaw No. 1256, 2019
1
DISTRICT OF TOFINO
BYLAW NO. 1256, 2019
A Bylaw for Administration of the British Columbia Building Code and Regulation of Construction
WHEREAS the Council of the District of Tofino may by bylaw regulate, prohibit and impose
requirements in respect to buildings and structures under sections 8(3)(g) and (l) of the
Community Charter for the following under section 53(2):
(a)
the provision of access to a building or other structure, or to part of a building or other
structure, for a person with disabilities;
(b) the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property;
AND WHEREAS the Council of the District of Tofino is enacting this bylaw to regulate
construction and administer the British Columbia Building Code in Tofino in accordance with the
Community Charter and the Building Act;
AND WHEREAS the District of Tofino has employed trained building officials for the purposes of
this bylaw;
AND WHEREAS section 137 of the Community Charter provides that the power to adopt a bylaw
includes the power to amend or repeal it;
AND WHEREAS the Council of the District of Tofino wishes to repeal "District of Tofino Building
Bylaw 940, 2003" to come into compliance with recent changes to section 5 of the Building Act.
NOW THEREFORE the Council of the District of Tofino, in open meeting, enacts as follows:
1. Name
The name of this bylaw for citation purposes is "District of Tofino Building Bylaw No. 1256,
2019."
2. Purpose of Bylaw
2.1. Despite any other provision in this bylaw, this bylaw must be interpreted in accordance
with this Part.
2.2. Every permit issued under this bylaw is issued expressly subject to the provisions of this
Part.
2.3. This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the District in the public interest.
2.4. The purpose of this bylaw does not extend to
(a)
the protection of owners, designers or constructors from economic loss;
(b)
the assumption by the District 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;
(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 the
protection of adjacent real property from incidental damage or nuisance.
3. Scope and Exemptions
Application
3.1. 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.
3.2. This bylaw applies to the design, construction or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation or
District of Tofino Building Bylaw No. 1256, 2019
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occupancy or change of use or occupancy of existing buildings and structures.
3.3. This bylaw does not apply to
(a)
except as set out in Part 11 [Retaining Walls] of this bylaw, a fence;
(b)
an accessory building with a floor area of less than 10 square metres;
(c)
a trellis, an arbour, a wall supporting soil that is less than 1.5 metres in height, or
other similar landscape structures on a parcel zoned for single-family residential
occupancy uses under the District's zoning bylaw;
(d)
a building or structure commonly known as "Canadian Standards Association Z240
MH series, Z241 series or A277 series", except as regulated by the Building Code.
Limited Application to Existing Buildings
3.4. Except as provided in the building code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has been
constructed before the enactment of this bylaw, the enactment of this bylaw is not to
be interpreted as requiring that the building must be reconstructed and altered, unless
it is expressly so provided by this or another bylaw, regulation or statute.
3.5. This bylaw applies if the whole or any part of an existing building is moved either within
or into the District, including relocation relative to parcel lines created by subdivision or
consolidation. Part 12 applies to building moves.
3.6. If an alteration is made to an existing building the alteration must comply with this
bylaw and the building code and the entire building must be made to comply with this
bylaw and the building code, but only to the extent necessary to addresses any new
infractions introduced in the remainder of the building as a result of the alteration.
3.7. If an alteration creates an addition to an existing building, the alteration or addition
must comply with this bylaw and the building code and the entire building must be
made to comply with this bylaw and the building code, but only to the extent necessary
to address any new infractions introduced in the remainder of the building as a result
of the alteration or addition.
4. Prohibitions
4.1. A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or 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 valid and subsisting permit for the work
under this bylaw.
4.2. 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 inspection notice has been issued by a building official for
the building or structure or the part of the building or structure; or
(b)
contrary to the terms of any permit issued or any notice given by a building official.
4.3. 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.
4.4. 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.
4.5. 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.
4.6. 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 such a modification has been authorized in writing by a building official.
4.7. 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.
4.8. 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.
4.9. A person must not contravene an administrative requirement of a building official made
under section 6.6 or any other provision of this bylaw.
4.10.
A person must not change the use, occupancy or both of a building or structure
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or a part of a building or structure without first applying for and obtaining a building
permit under this bylaw.
5. Permit Conditions
5.1. A permit is required if work regulated under this bylaw is to be undertaken.
5.2. 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; or
(c)
constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship.
5.3. 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.
5.4. Without limiting section 5.2(a), it is the full and sole responsibility of the owner (and if
the owner is acting through a representative, the representative of the owner) to carry
out the work in respect of which the permit was issued in compliance with the building
code, this bylaw and all other applicable codes, standards and enactments.
6. Powers of a Building Official
Application
6.1. Words defining the authority of a building official are be construed as internal
administrative powers and not as creating a duty.
6.2. 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 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
6.3. A building official may refuse to issue a permit if the proposed work will contravene the
requirements of the building code or the provisions of this or any other bylaw of the
District, and must state the reason in writing.
6.4. A building official may revoke a permit if, in their opinion, the results of tests on
materials, devices, construction methods, structural assemblies or foundation
conditions contravene the building code or the provisions of this bylaw, or both, or if all
permits required under this bylaw have not been obtained.
Right of Entry
6.5. Subject to section 16 of the Community Charter, a building official may enter on
property at any time to ascertain whether the requirements of this bylaw are being
met.
Powers
6.6. 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 proceeding in contravention of this bylaw, the building
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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 on property to affix or
post a stop work order in the form prescribed by the building official;
(c)
an owner to remove or prevent any unauthorized encroachment on a public
parcel, a statutory right of way or easement, or a setback or yard required under
an enactment;
(d)
an owner to remove any building or structure, or any part of a building or
structure, constructed in contravention of a provision of this bylaw;
(e)
an owner to have work inspected by a building official prior to covering;
(f)
an owner to uncover any work that has been covered without inspection contrary
to this bylaw or an order issued by a building official;
(g)
a person to cease any occupancy in contravention of a provision of this bylaw;
(h)
a person to cease any occupancy if any unsafe condition exists because of 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.
6.7. Every reference to "owner" in section 6.6 includes a reference to the owner's agent or
constructor.
6.8. 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.
7. Owner's Responsibilities
Permit Requirements
7.1. Subject to Part 10 of this bylaw, every owner must apply for and obtain a permit, prior
to
(a)
constructing, repairing or altering a building or structure, including a pool or
retaining wall;
(b)
moving a building or structure into or within the District;
(c)
demolishing a building or structure;
(d)
occupying a new building or structure;
(e)
constructing a masonry fireplace or installing a wood-burning appliance or
chimney, whether attached to, part of or detached from a building.
(f)
changing the use or occupancy of a building, unless the works are the subject of
another valid and subsisting building permit.
7.2. Every owner must ensure that plans submitted with a permit application bear the
name, phone number, address and email address of the designer of the building or
structure.
Owner's Obligations
7.3. Every owner must
(a)
comply with the building code, the requirements of this bylaw and the conditions
of a permit, and must not omit any work 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 by the building official, and that all permits are posted conspicuously on the
site during the entire execution of the work; and
(c)
prior to the issuance of a building permit, execute and submit to the District an
owner's undertaking in the form prescribed a District of Tofino building official.
7.4. 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.
7.5. Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw. Every owner to whom a permit is
issued must, during construction,
District of Tofino Building Bylaw No. 1256, 2019
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(a)
post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
(b)
post the permit on the property so that it may be easily read from the public
highway from which the property takes its address.
Damage to Municipal Works
7.6. Every owner to whom a permit is issued is responsible for the cost to repair any
damage to municipal works or land that occurs during and arises directly or indirectly
from the work authorized by the permit.
7.7. In addition to payment of a security deposit under sections 10.8 to 10.12, every owner
must pay to the District, within 30 days of receiving an invoice for same from the
District, the cost to repair any damage to public property or works located on public
property arising directly or indirectly from work for which a permit was issued.
Demolition
7.8. Prior to obtaining a permit to demolish a building or structure, the owner must
(a)
provide to the District a vacancy date;
(b)
Pay turn-off fees" as set out in District bylaws governing the water and sewer
utilities; and
(c)
ensure that all municipal services and other services are capped and terminated at
the property line in a District standard inspection chamber and valve arrangement.
7.9. Every owner must ensure that, on completion of all demolition procedures, all debris
and fill are cleared and the site is levelled or graded, or made safe if levelling and
grading are not possible.
Notice
7.10.
Every owner must, at least 48 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.
7.11.
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 a
coordinating registered professional, during construction, within 24 hours of when the
change or termination occurs.
7.12.
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.
7.13.
Without limiting sections 10.29 to 10.44, every owner must give at least 48
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.
7.14.
Every owner must give notice in writing to a building official and pay the non-
refundable fee set out in Schedule A immediately upon any change in ownership or
change in the address of the owner which occurs prior to the issuance of an occupancy
permit.
7.15.
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.
8. Obligations of Owner's Constructor
8.1. 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.
8.2. Every constructor must ensure that no excavation or other work is undertaken on
public property, and that no public is disturbed, no building or structure erected, and
no materials stored thereon, in whole or in part, without first having obtained approval
in writing from the appropriate authority over such public property.
8.3. 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.
9. Registered Professional's Responsibilities
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Professional Design and Field Review
9.1. The provision by the owner to the District of letters of assurance in accordance with the
requirements of the building code shall occur prior to
(a)
the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
(b)
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 letters of assurance in the
form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7,
Division C, of the building code.
9.2. If a registered professional provides letters of assurance in accordance with the building
code, they must also provide proof of professional liability insurance to the building
official in the form and amount set prescribed in the Confirmation of Professional
Liability Insurance administration document.
Requirement for a Registered Professional
9.3. 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
referred to in subsection 2.2.7, Division C, of 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 letters of assurance in
the form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7,
Division C, of the building code;
(c)
except for garages, carports and garden structures, foundation and excavation
components of new simple buildings and additions greater than 55 square metres
to simple buildings in accordance with the building code;
(d)
a building that is designed with common egress systems for the occupants and
requires the use of firewalls in accordance with the building code;
(e)
prior to alterations to a building, or to a structural component of a building
described in paragraph (b);
(f)
for a building in respect of which the building official determines that site
conditions, size or complexity so warrant in the interests of safety of persons or
protection of property under the building code;
(g)
if the building envelope components of the building fall under Division B Part 3 of
the building code, the building contains more than two dwellings, or if the building
envelopes do not comply with the prescriptive requirements of Division B Part 9 of
the building code; and
(h)
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, mud flows, debris
flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and
the requirement 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 building code and applicable bylaws of the District.
9.4. The building official may require any registered professional carrying out the
professional design and field review required under section 10.3 to provide evidence
that they have experience and expertise in respect of the professional design and field
review of the context and scope required.
Professional Plan Certification
9.5. The letters of assurance in the form of Schedules A and B as referred to in subsection
2.2.7, Division C, of the building code referred to in sections 9.1 and 9.3 are relied upon
by the District and its building officials as certification that the design and plans to
which the letters of assurance refer comply with the building code, this bylaw and other
applicable enactment.
9.6. Letters of assurance must be in the form of Schedules A and B referred to in subsection
2.2.7, Division C, of the building code.
District of Tofino Building Bylaw No. 1256, 2019
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9.7. For a building permit issued for the construction of a complex building, 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.
9.8. If a building permit is issued for a construction of a complex building, the permit fee is
reduced by 5% of the fees payable under Schedule A to this bylaw, up to a maximum
reduction of $500.00 (five hundred dollars).
10. Building Application Requirements
Requirements before Applying for a Building Permit
10.1.
Prior to 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 that the proposed building or structure complies with all
bylaws of the District, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of
Variance;
(c)
an approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or structure
will be constructed, and the subdivision plan must have been registered in the
Land Title Office;
(d)
the 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 the agent of the owner, in which case, the
agent must provide the name and contact information of the owner;
(e)
if the parcel that is the subject of the building permit application cannot 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;
(f)
if the parcel that is the subject of the building permit application cannot be
connected to the District's waterworks system, the owner must apply for and
obtain approval from the District and other applicable public authorities for an
alternate water supply system;
(g)
if the parcel that is the subject of the building permit application is not intended to
be connected to The District's storm water drainage system, the owner must apply
for and obtain approval from the District and other applicable public authorities
for the alternate storm water drainage and detention system; and
(h)
if all on site and off site works and services required by a District bylaw or other
enactment have not been completed in accordance with the enactments, the
owner must enter into a completion agreement with the District and deliver to the
District letters of credit or cash security for completion of the works and service.
Building Permit Applications for Complex Buildings
10.2.
An application for a building permit with respect to a complex building must
(a)
be made as per the District of Tofino Building and Development Policy and signed
by the owner, or a signing officer if the owner is a corporation;
(b)
be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form prescribed by a District of Tofino building official
and signed by the owner, or a signing officer if the owner is a corporation;
(c)
include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d)
include a 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;
(e)
include a copy of a survey plan prepared by a British Columbia land surveyor;
(f)
include a site plan prepared by a registered professional showing
District of Tofino Building Bylaw No. 1256, 2019
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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 setback requirements, adjacent street and lane names;
iv.
the location and dimensions of existing and proposed buildings or structures
on the parcel;
v.
setbacks to the natural boundary of any lake, swamp, pond 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 grade at building corners and significant breaks in the
building plan and proposed grade around the building faces in order to
ascertain foundation height;
xii.
first storey floor elevation;
xiii.
location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
xiv.
line of upper floors;
xv.
location and elevation of curbs, sidewalks, manholes, and service poles;
xvi.
location of existing and proposed service connections;
xvii.
location and species of all trees greater than 10 centimetres in diameter;
xviii.
location of top bank and water courses;
xix.
access routes for firefighting;
xx.
accessible paths of travel from the street to the building;
xxi.
geodetic elevation of the underside of a wood floor system or the top of a
finished concrete slab of a building or structure where the District's land use
regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation, except that the building
official may waive, in whole or in part, the requirements for a site plan, if the
permit is sought for the repair or alteration of an existing building or
structure;
(g)
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 dimensions;
(h)
include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions
systems;
(i)
include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, 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;
(j)
include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(k)
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;
(l)
include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and ministry of health approvals;
(m)
include a letter of assurance in the form of Schedule A referred to in subsection
2.2.7 Division C, of the building code, signed by the owner, or a signing officer if
the owner is a corporation, and the coordinating registered professional;
(n)
include letters of assurance in the form of Schedule B referred to in subsection
2.2.7 Division C, of the building code, each signed by such registered professionals
as the building official or building code may require to prepare the design for and
conduct field reviews of the construction of the building;
(o)
include one set of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (k) of this
section;
(p)
include illustration of any slopes on the subject parcel that exceed 30%; and
District of Tofino Building Bylaw No. 1256, 2019
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(q)
define an enclosed area, attached garage, or ancillary building for the purpose of
storage for garbage and/or garbage receptacles that prevent access by animals
and/or dangerous wildlife. All enclosures and/or buildings used for the purpose of
garbage and/or garbage receptacle storage must meet the requirements of the
District of Tofino Garbage and Recyclable Materials Collection and Regulations
Bylaw No. 1070.
10.3.
In addition to the requirements of section 9.2 of this bylaw, a building official
may require the following to be submitted with a permit application for the
construction of a complex building if the complexity of the proposed building or
structure or siting circumstances warrant
(a)
site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional, in
accordance with the District's subdivision and development servicing bylaw;
(b)
a section through the site showing grades, buildings, structures, parking areas and
driveways; and
(c)
any other information required by the building official or the building code to
establish substantial compliance with this bylaw, the building code and other
bylaws and enactments relating to the building or structure.
Building Permit Applications for Simple Buildings
10.4.
An application for a building permit with respect to a simple building must
(a)
be made in the form prescribed by the building official and signed by the owner, or
a signing officer if the owner is a corporation;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertaking made in the form prescribed by a District of Tofino building official
signed by the owner, or a signing officer if the owner is a corporation;
(c)
include a copy of a title search for the relevant property made within 30 days of
the date of the permit application;
(d)
include a copy of a 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;
(e)
include a site plan showing
i.
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
ii.
the legal description and civic address of the parcel;
iii.
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
iv.
the location and dimensions of existing and proposed buildings or structures
on the parcel;
v.
setbacks to the natural boundary of any lake, swamp, pond 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 grade at building corners and datum determination
points;
xi.
first storey floor elevation;
xii.
location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
xiii.
line of upper floors;
xiv.
location and elevation of curbs, sidewalks, manholes and service poles;
xv.
location of existing and proposed service connections;
xvi.
location and species of all trees greater than 10 centimetres in diameter;
xvii.
location of top bank and water courses;
xviii.
access routes for firefighting;
xix.
accessible paths of travel from the street to the building;
xx.
zoning compliance summary; and
xxi.
the geodetic elevation of the underside of a wood floor system or the top of
a finished concrete slab of a building or structure where the District's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation, except that for a simple
building the building official may waive, in whole or in part, the requirements
District of Tofino Building Bylaw No. 1256, 2019
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for a site plan, if the permit is sought for the repair or alteration of an
existing building;
(f)
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; stair dimensions; fireplaces and wood
burning appliances; location of solar-ready conduits; location of mechanical
ventilation system; and location and type of heat source;
(g)
include a cross-section through the building illustrating foundations; drainage;
ceiling heights; insulation, envelope and air barrier details; and construction
systems;
(h)
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 zoning and
development permit areas;
(i)
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;
(j)
include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewage disposal permits, highway access
permits and Ministry of Health approvals;
(k)
include geotechnical letters of assurance, in addition to a required geotechnical
report, if the building official determines that the site conditions so warrant;
(l)
include two sets of drawings at a suitable scale of design including the information
set out in (f) to (i) of this section;
(m)
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;
(n)
include, if required, one set of engineered sealed drawings; and,
(o)
define an enclosed area, attached garage or ancillary building for the purpose of
storage for garbage and/or garbage receptacles that prevent access by animals
and/or dangerous wildlife. All enclosures and/or buildings used for the purpose of
garbage and/or garbage receptacle storage must meet the requirements of the
District of Tofino Garbage and Recyclable Materials Collection and Regulations
Bylaw No. 1070.
(p)
10.5.
In addition to the requirements of section 10.4 of this Part, if a project involves
(a)
two or more buildings, the gross floor areas of which in the aggregate total more
than 1000 square metres;
(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 construction of each simple building in the
project:
(d)
a section through the site showing grades, buildings, structures, parking areas and
driveways;
(e)
a roof plan and roof height calculations;
(f)
structural, electrical, plumbing, mechanical or fire suppression drawings prepared
and sealed by a registered professional;
(g)
letters of assurance in the form of Schedule B referred to in Division C of the
building code, signed by a registered professional; and
(h)
any other information required by the building official or the building code to
establish substantial compliance with this bylaw, the building code and other
bylaws and enactments relating to the building or structure.
Site and Location Information
10.6.
Without limiting sections 10.2(f) or 10.4(d) 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;
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(b)
verify, on completion of the construction, that all provisions of this and other
applicable bylaw have been complied with;
(c)
in relation to an existing building, substantiate its location, size, including
appurtenances whether above, at or below ground level, relative to the site or its
relationship to neighbouring grades; and
(d)
in relation to construction of a new building, or addition to an existing building,
prior to and after the placement of concrete for foundations and footings, show
the elevation at proposed top of concrete on all building elevations and at all
significant changes of elevation to substantiate its size, location and elevation, and
every person served with a written requirement under this section must comply
with the requirement.
Building Permit Fee
10.7.
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 Schedule A; and
(b)
any fees, charges, levies or taxes imposed by the District and payable under an
enactment at the time of issuance of the building permit.
Security Deposit with Building Permit Application
10.8.
An applicant for a building permit must pay to the District, at the time of the
application, the following security deposit:
(a)
for a single family dwelling parking structure, combination parking structure/
accessory building, a swimming pool or an accessory building greater than 10
square metres: $1,000;
(b)
for a single family dwelling addition, alteration, renovation, demolition: $1,000;
(c)
for a new single family dwelling or simple building: $2,500; and
(d)
for a complex building: $10,000
10.9.
The security deposit sum set out in section 10.8 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 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 the security deposit for provisional occupancy when the final inspection
notice makes provision for a security deposit; or
(d)
serves as a security deposit to effect compliance with any condition under which
the permit was issued.
10.10.
The security deposit or applicable portion must be returned to the applicant
(a)
when the building official 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;
(d)
and an Occupancy Permit has been issued.
only if the applicant has requested the return of the security.
10.11.
Any credit greater than the amount of the security deposit used by the District
for the purposes described in sections 10.8 to 10.10 of this Part 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.
10.12.
If the proposed work includes excavation or construction on lands within 10
metres of works or services owned by the District, the owner must deliver to the
building official a signed agreement in a form prescribed by the District's Public Works
Superintendent 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 Public
Works Superintendent, and the owner must deposit with the District security in
accordance with sections 10.8 to 10.11 of this Part.
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Permit Fee Refunds
10.13.
No fee or part of a fee paid to the District may be refunded if construction of the
building has started.
10.14.
A building permit or other permit fee may be partially refunded as set out in
"Schedule A" 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.
10.15.
A building permit or other permit fee is not refundable after the permit has been
extended under section 10.46 of this Part.
Design Modification
10.16.
If an issued building permit or other permit is active and the owner proposes
modification to the building design whereby the value of the work does not increase or
the value of the work decreases, the owner must pay to the District a building permit
fee as indicated in Schedule A.
Construction Before Permit Issued
10.17.
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
$10,000.00.
Expiration of Application for a Permit
10.18.
A building permit or a mechanical permit application expires 180 days from the
date a complete application is received under this Part if the building permit or
mechanical permit is not issued by the application expiration date, unless the permit is
not issued only due to delays caused by the District.
Issuance of a Building Permit
10.19.
If
(a)
a completed application in compliance with sections 10.2 and 11.3 or sections 10.4
and 10.5 of this Part, including all required supporting documentation, has been
submitted;
(b)
the owner has paid all applicable fees set out in sections 10.7 to 10.17 of this Part
and Schedule A;
(c)
the owner or his or her 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; and
(f)
no covenant, agreement, resolution or regulation of the District requires or
authorizes the permit to be withheld,
the building official must issue the permit, in the form prescribed by the building official,
for which the application is made, and the date of issuance is deemed to be the date the
District receives payment for the building permit.
10.20.
Despite section 10.19, the building official may refuse to issue a permit when
the owner has been notified of a violation of this bylaw about the construction of
another building or structure by the owner.
Compliance with the Homeowner Protection Act
10.21.
If the application is in respect of a building that includes, or will include, a
residential occupancy governed by the Homeowner Protection Act, the building permit
must not be issued unless the owner provides evidence under section 30(1) of the
Homeowner Protection Act, that the proposed building
(a)
is covered by home warranty insurance; and
(b)
the constructor is a licensed "residential builder" as defined in that Act.
10.22.
Section 10.21 of this Part does not apply if the owner is not required to be
licensed and to obtain home warranty insurance in accordance with sections 20(1) or
30(1) of the Homeowner Protection Act.
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10.23.
Every permit is issued subject to the owner and constructor maintaining
compliance with the Homeowner Protection Act and negotiations under it during the
term of the permit.
Partial Construction
10.24.
If a site has been excavated and a building permit is not subsequently issued or a
subsisting building permit has expired under section 10.45, 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 of the site within 60 days of being served notice by the District to do so.
10.25.
If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.46, or if any excavation is
left exposed without a subsequent Building Permit for a period of 60 days and is
deemed to be a hazard, permanent type fencing with privacy screen complying with
the District's Zoning Bylaw, must be erected around the building site for protection to
the public.
Conditions of a Building Permit
10.26.
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 under Schedule A. The transfer or
assignment of a building permit is not an extension of a building permit.
10.27.
The review of plans and supporting documents and issuance of a building permit
do not prevent the building official from subsequently requiring the correction of errors
in the plans and supporting documents, or from prohibiting building construction or
occupancy being carried on when in violation of this or another bylaw.
Inspections
10.28.
If a registered professional provides letters of assurance in accordance with this
Part, the District will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this bylaw and the
building code as assurance that the construction substantially conforms to the design,
plans and specifications and that the construction complies with the building code, this
bylaw and other applicable enactments respecting safety.
10.29.
Despite section 10.28 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.
10.30.
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.
10.31.
For all work in respect of simple buildings the owner must give at least 48 hours'
notice by email to the Building Inspector 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)
after demolition, the grading of and removal of debris from the site;
(b)
excavation, within 24 hours of the start of excavation;
(c)
foundation and footing forms, before concrete is poured;
(d)
prior to inspection under section 10.31(e), plumbing located below the finished
slab level;
(e)
the preparation of ground, including ground seal and air barrier when required,
subgrade and under slab insulation, and reinforcing steel;
(f)
after inspection under section 10.31(e) hydronic heating pipes and below slab
insulation;
(g)
installation of rough-in plumbing before it is covered;
(h)
installation of building services before being covered;
(i)
rough in of factory built chimneys and fireplaces and solid fuel burning appliances;
(j)
framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting,
exterior doors and windows, but prior to the installation of insulation, interior
finishes, sheathing paper or exterior finishes which would conceal such work;
(k)
insulation and vapour barrier;
(l)
construction of an exterior deck if the deck serves as a roof;
District of Tofino Building Bylaw No. 1256, 2019
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(m)
on-site constructed tubs or showers and tub or shower trap tests;
(n)
the installation of wall sheathing membrane, externally applied vapour or air
barrier, stucco wire or lath, and flashings, but prior to the installation of exterior
finishes which could conceal such work; and
(o)
the health and safety aspects of the work and the conservation, GHG emission
reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
10.32.
A building official will only carry out an inspection under section 10.31 if the
owner or the owner's agent has requested the inspection by email or in writing in
accordance with this bylaw.
10.33.
Despite the requirement for the building official's acceptance of the work
outlined in section 10.31, 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.
10.34.
No person may conceal any aspect of the work referred to in section 10.31 of
this bylaw until a building official has accepted it in writing.
10.35.
For work in respect of complex buildings, the owner must
(a)
give at least 5 business days by email to the Building Inspector or written notice to
the District when requesting a preconstruction 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 5 business days by email to the Building Inspector or written notice to
the District when requesting a preoccupancy 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 Fire Services 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 emission and accessibility aspects of the work; and
(c)
cause the coordinating registered professional, at least 48 hours prior to the
preoccupancy coordinated site review coordinated by the coordinating registered
professional, to deliver to the building official the Confirmation of Required
Documentation administration document described in the "Building and
Development Procedures" complete with all documentation in paper copies and in
digital pdf format on a memory stick.
Stop Work Order
10.36.
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 form described in the "Building and Development Procedures" on the
premises whenever it is found that the work is not being performed in accordance with
the requirements of the building code, any applicable bylaw of the District or the
applicable provisions of the Homeowner Protection Act.
10.37.
The coordinating registered professional may request, in writing, that the
building official order 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 on the
premises. The building official must consider such a request and, if not acted upon,
must respond, in writing, to the coordinating registered professional and give reasons.
10.38.
If a registered professional's services are terminated, the owner must
immediately stop any work that is subject to his or her design or field review and the
building official is deemed to have issued a stop work order under section 10.36.
10.39.
The owner must immediately, after the posting of a notice under section 10.36,
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.
10.40.
Subject to section 10.36, no work other than the required remedial measures
may be carried out on the parcel affected by the notice referred to in section 10.36
until the stop work order notice has been removed by the building official.
10.41.
The notice referred to in section 9.36 must remain posted on the premises until
that which is contrary to the enactments has been remedied.
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Do Not Occupy Notice
10.42.
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
form prescribed by the building official on the affected part of the building or structure.
10.43.
If a notice is posted under section 10.42, 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
10.44.
In addition to the fees required under other provisions of this bylaw, the owner
must pay the non-refundable fee set out in Schedule A 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 site visit is required for any required
inspection;
(b)
a special inspection during the District's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements because
of time, location or construction techniques; and
(c)
inspection required under this bylaw which cannot be carried out during the
District's normal business hours.
Permit Expiration
10.45.
Every permit is issued on the condition that the 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;
(b)
work is discontinued for a period of 180 days; or
(c)
the work is not completed within two years of the date of issuance of the permit.
Permit Extension
10.46.
A building official may extend the period set out under section 10.45 for only
one period, not to exceed twelve months, if construction has not been commenced or
has been discontinued due to adverse weather, strikes, material or labour shortages,
other similar hardship beyond the owner's control, or if the size and complexity of the
construction warrants, if
(a)
application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b)
the non-refundable fee set out in Schedule A has been paid.
Building Permit Revocation
10.47.
The building official may revoke a building permit if there is a violation of
(a)
a condition under which the permit was issued; or
(b)
a requirement of the building code or of this or another bylaw of the District, such
permit revocation must be in writing and sent to the permit holder by signature
mail to, or personal service on, the permit holder.
Building Permit Cancellation
10.48.
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.
10.49.
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".
10.50.
If the owner, or his or her agent, submits changes to an application after a
permit has been issued and the changes, in the opinion of the building official,
substantially alter the scope of the work, design or intent of the application in respect
of which the permit was issued, the building official may cancel or amend the permit
and mark on the permit the date of cancellation or amendment and the word
"cancelled" or "amended".
10.51.
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 Schedule A, less
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(a)
any non-refundable portion of the fee; and
Occupancy
10.52.
No person may occupy a building or structure or part of a building or structure
until a final occupancy permit has been issued by a building official.
10.53.
A final occupancy permit 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
7.11 to 7.16 of Part 7 of this bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with this bylaw;
(c)
the owner has delivered to the District as-built plans of works and services in
digital format as required by the District;
(d)
all other documentation required under applicable enactments has been delivered
to the District; and
(e)
the owner has delivered to the District as-built drawings of the building or
structure in paper and digital format as required by the District.
10.54.
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
occupancy permit 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.
10.55.
A building official may issue a final occupancy permit 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; and
(b)
the requirements set out in section 10.53 have been met with respect to it.
10.56.
A final occupancy permit may not be issued unless
(a)
all letters of assurance and the Confirmation of Required Documentation
described in the "Building and Development Procedures" have been submitted
when required in accordance with the requirements of this bylaw;
(b)
all aspects of the work requiring inspection and review pursuant to Part 9 and
sections 10.28 through 10.35 of this bylaw have both been inspected and
accepted;
(c)
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; and
(d)
all required offsite works respecting safety have been completed.
Temporary Buildings
10.57.
Subject to the bylaws of the District and orders of Council, the building official
may issue a building permit for the erection or placement of a temporary building or
structure for occupancy if
(a)
the permit is for a period not exceeding one year; and
(b)
the building or structure is located in compliance with the District's zoning bylaw,
built in compliance with the building code and this bylaw, and connected, as
required by enactments, to District utility services.
10.58.
An application for a building permit for the erection or placement of a
temporary building or structure must be made in the form of a temporary permit
application in the form prescribed by the building official, signed by the owner or agent,
and must include
(a)
plans and supporting documents showing the location and building height of the
building or structure on the parcel;
(b)
plans and supporting documents showing construction details of the building or
structure;
(c)
a statement by the owner indicating the intended use and duration of the use;
(d)
plans and supporting documents showing the proposed parking and loading space;
(e)
a written description of the project explaining why the building is temporary;
(f)
a copy of an issued development permit, if required;
(g)
in the case of a manufactured building, a CSA label in respect of manufacture and,
without limitation, a Quonset or other steel building must be certified in
accordance with CSA Standard A660;
(h)
a report or drawing by an engineer, architect or designer confirming compliance
with the building code, this bylaw, the District's zoning bylaw and other applicable
bylaws;
District of Tofino Building Bylaw No. 1256, 2019
17
(i)
security in the form of cash or a letter of credit for 10% of the value of the
temporary building, which security
i.
may be used by the District to remove the building after one year of the date
of the final inspection required under this bylaw; or
ii.
must be returned to the owner if the owner removes the temporary building
within one year of the date of the final inspection of the temporary building
required under this bylaw; and
iii.
in the case of a temporary building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code.
10.59.
Before receiving a building permit for a temporary building or structure for
occupancy, the owner must pay to the District the applicable building permit fee set out
in Schedule A.
10.60.
A permit fee for a temporary building or structure is not refundable.
10A. Energy Conservation and GHG Emission Reduction
10A.1
In relation to the conservation of energy and the reduction of greenhouse gas
emissions, the District of Tofino incorporates by reference the British Columbia
Energy Step Code in accordance with sections 10A.2 through 10A.4.
10A.2
A building regulated by Part 3 of the Building Code must be designed and
constructed to meet the minimum performance requirements specified in Step 3 of
the Energy Step Code for any permits applied for as of February 8th, 2022.
10A.3
A residential building regulated by Part 9 of the Building Code must be designed
and constructed to meet the minimum performance requirements specified in Step
3 of the Energy Step Code for any permits applied for as of February 8, 2022.
10A.4
A building constructed in accordance with Part 10A must include a Building Energy
Label, in the form and manner prescribed by the Building Inspector, posted prior to
issuance of an occupancy permit.
10A.5
A building constructed in accordance with Part 10A shall have the Building Permit
Fee reduced as set out in Schedule A- Fees, Section 10A.4, Step Code Rebate.
11. Retaining Walls And Grades
11.1.
No person may construct, or structurally repair, a retaining wall without a
building permit.
11.2.
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.
11.3.
Without limiting section 11.2, no person may occupy a building unless the
finished grade complies with all applicable enactments.
12. Building Move
12.1.
No person may move a building or structure into or within the District
(a)
except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code;
and
(b)
a building permit has been issued for the building or structure.
13. Numbering of Buildings
13.1.
Immediately upon issuance of a building permit governing the construction,
alteration or repair of a building, or prior to and during the occupancy of a building, the
owner or occupant must display the address number assigned to it by the District
(a)
on or over the entrance to the building or where landscaping or structures obscure
the visibility of a building entrance from the adjacent highway, on the building
property within sight of the adjacent highway; and
(b)
until such time as the building is removed from the site or has been demolished.
13.2.
Despite section 13.1, the District's Manager of Engineering and Public Works
may renumber or alter the assigned numbers in respect of any building on any parcel,
Bylaw No.
1256.02,
2021
Bylaw No.
1256.03,
2022
District of Tofino Building Bylaw No. 1256, 2019
18
including those already in existence or numbered.
13.3.
Without limiting sections 13.1 or 13.2, the building official must, on the issuance
of a building permit, designate or cause to be designated a house number or set of
house numbers related to the building authorized by the permit. The owner or occupier
must post the number or numbers on the site immediately after obtaining the building
permit and keep the numbers posted in a conspicuous location at all times during
construction.
13.4.
Without limiting sections 13.1 through 13.3, on issuance of an occupancy
permit, the owner or occupier of the parcel must affix the numbers permanently in a
conspicuous place and on the building such that the number is visible from an adjacent
highway that is not a lane.
14. Pools
Swimming Pool Permit and Fencing
14.1.
Without limiting section 5.1 of this bylaw, a person must not construct, or
structurally repair, a swimming pool without a valid building permit.
14.2.
A swimming pool, including a spa or hot tub must be enclosed within a fence
constructed without footholds or grips that children may use to climb into the enclosed
area, having a minimum height of 1.22 metres and no openings greater than 100 mm at
their greatest dimension.
Pool Gate
14.3.
Access through a fence enclosing a swimming pool, spa or hot tub must be only
through a self-closing and self-latching gate designed and constructed or installed so as
to cause the gate to return to a closed position when not in use and secured by a latch
located on the swimming pool, spa or hot tub side of the gate.
Spa or Hot Tub Lid
14.4.
In lieu of a fence, a spa or hot tub may be covered with a locking cover, which
would prevent unauthorized access to the water.
Maintenance
14.5.
A person may not use or occupy a swimming pool, including a spa or hot tub
unless the owner or occupier of property on or in which a pool, spa or hot tub is located
maintains every fence or cover required under sections 14.2 to 14.4 in good order, and
without limitation maintains and repairs in good order at all times all sagging gates,
loose parts, torn mesh, missing materials, worn latches, locks or broken or binding
members.
Leaks or Other Failures
14.6.
A person may not obtain a valid and subsisting building permit for or use or
occupy a swimming pool without first delivering to the building official at the time of
the building permit application an opinion of a registered professional that the design of
the pool will not cause or result in leaks or other failures of the pool.
15. Access Route for Fire Vehicle
15.1.
Prior to the issuance of a building permit for a building 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
following:
(a)
the width of an access route must be not less than 7.3 metres with no obstructions
(b)
the centerline radius of an access route must be 13 metres
(c)
the overhead clearance of an access route must be no less than 5 metres
(d)
the change of gradient on access routes are not to exceed 1 in 12.5 over a
minimum distance of 15 metres
(e)
the access route must comply with the bearing load and surface material
standards of the District's Subdivision and Development Servicing Bylaw and
constructed to withstand the fully loaded weight of the Tofino Volunteer Fire
Departments heaviest apparatus; and
(f)
the length above which a dead-end portion of an access route requires turnaround
facilities is 100 metres.
16. Offences
Violations
District of Tofino Building Bylaw No. 1256, 2019
19
16.1
Without limiting Part 4 of this bylaw, every person who contravenes any
provisions of this bylaw, or who suffers or permits any act or thing to be done in
contravention of this bylaw, or who refuses, omits, or neglects to fulfill, observe, carry
out, or perform a duty or obligation imposed by this bylaw, shall be deemed to have
committed an offence against this bylaw and:
(a)
Shall be liable to a fine set out in the District of Tofino Municipal Ticket
Information System Bylaw No. 1088, 2009 as amended from time to time; or
(b)
Shall be liable to a penalty set out in the District of Tofino Bylaw Notice
Enforcement and Dispute Adjudication System Bylaw No. 1107, 2009 as amended
from time to time; or,
(c)
Shall be liable, upon a summary conviction, to the penalties provided under the
Offence Act and amendments thereto; or
(d)
Any combination of 16.1 a) b) and c).
16.2
Every person who fails to comply with any administrative requirement issued by
a building official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
16.3
Every person who commences work requiring a building permit without first
obtaining such a permit must, if a Stop Work notice is issued and remains outstanding
for 30 days, pay an additional charge as outlined in Schedule A of this bylaw.
Deemed Offence
16.4
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.
16.5
No person is deemed liable under section 16.4 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before he or
she became the owner of the parcel.
16.6
Nothing in section 16.5 affects
(a)
the District's right to require and the owner's obligation to obtain a permit; and
(b)
the obligation of the owner to comply with this bylaw.
17. Interpretation
Definitions
17.1.
In this bylaw
accepted means reviewed by the building official under the applicable provisions of the building
code and this bylaw;
addition means an alteration to any building which will increase the total aggregate floor area or
the building height (in storeys), and includes the provision of two or more separate
buildings with openings between each other for intercommunication;
administration document means a document described in the "Building and Development
Procedures" as amended from time to time.
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 her 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 Architects Act RSBC 1996, c. 17;
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 includes a building inspector, plan checker, plumbing inspector gas inspector, or
electrical inspector designated or appointed by the District, and for certainty the
building official is the "building inspector" referred to in the Community Charter and
Local Government Act;
District of Tofino Building Bylaw No. 1256, 2019
20
complex building means:
(a)
a building used for a major occupancy classified as:
i.
assembly occupancy;
ii.
care occupancy;
iii.
detention occupancy;
iv.
high hazard industrial occupancy,
v.
treatment occupancy; or
vi.
post-disaster building,
(b)
a building exceeding 600 square metres 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.
medium and low 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 includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996,
c. 116;
existing, in respect of a building, means that portion of a building constructed prior to the
submission of a permit application required under this bylaw;
foundation means a system or arrangement of foundation units through which the loads from a
building are transferred directly to supporting soil or rock and includes any portion of
the exterior walls of a building that lie below the finished grade immediately adjacent to
the building;
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;
owner means the registered owner in fee simple, or an agent duly authorized by the owner in
writing in the "Letter of Authorization" administration document found in the "Building
and Development Procedures"
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 0.6 m, including an in-ground pool and 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; retaining wall means a structure exceeding 1.2
metres in height that holds or retains soil or other material behind it;
simple building means a building of three storeys or less in building height, having a building
area not exceeding 600 square metres and used for a major occupancy classified as
(a)
residential occupancy;
(b)
business and personal services occupancy;
(c)
mercantile occupancy;
(d)
medium hazard industrial occupancy; or
District of Tofino Building Bylaw No. 1256, 2019
21
(e)
low hazard industrial occupancy,
structure means a construction or portion of construction, of any kind, whether fixed to,
supported by or sunk into land or water, except landscaping, fences, paving and
retaining structures less than 1.22 meters in height;
temporary building includes a sales office, construction office, shipping or intermodal container,
or a structure in which tools are stored during construction of a building or other
structure;
value of the work means that amount that is calculated as follows;
17.2.
In this bylaw the following words and terms have the meanings
(a)
set out in section 1.4.1.2 of the building code as of the date of the adoption of this
bylaw: accessible assembly occupancy, building, building area, building height,
business and personal services occupancy, care occupancy, constructor,
coordinating registered professional, designer, detention occupancy, excavation,
field review, firewall, first 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;
(b)
subject to this bylaw, set out in the Schedule to the Community Charter: assessed
value, highway, land, occupier, parcel, public authority, service and soil; and
(c)
subject to this bylaw, set out in section 29 of the Interpretation Act: may, must,
obligation, person, property, writing, written and year.
17.3.
Every reference to this bylaw in this or another bylaw of the District is a
reference to this bylaw as amended to the date of the reference.
17.4.
Every reference to
(a)
the building code is a reference to the current edition as of the date of issuance of
the building permit; and
(b)
a section of the building code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
17.5.
Definitions of words and phrases used in this bylaw that are not included in the
definitions in this Part have the meanings commonly assigned to them in the context in
which they are used in this bylaw, considering the specialized use of terms with the
various trades and professions to which the terminology applies.
Schedules
17.6.
Schedule 1- Fees is attached to and forms part of this bylaw.
18. Severability
If any provision of this Bylaw is held to be invalid by any court of competent jurisdiction, that
provision shall be severed and its severance shall not affect the validity of the remainder of
the Bylaw.
19. Repeal
"District of Tofino Building Bylaw No. 940, 2003" is hereby repealed.
READ A FIRST TIME on February 26, 2019
READ A SECOND TIME AS AMENDED on May 14, 2019
READ A THIRD TIME on May 28, 2019
ADOPTED on June 11, 2019
Josie Osborne, Mayor
Robert MacPherson, Corporate Officer
District of Tofino Building Bylaw No. 1256, 2019
22
District of Tofino
Building Bylaw No. 1256, 2019
Schedule A
Part A - Fees
Section
Title
Review
Fee
10.7
Processing Fee
Non-refundable for cancelled
applications.
Credited towards building permit
fee if application is approved.
$120.00
Minimum Building
Permit Fee
Building permit fees shall not be
less than the minimum fee.
$120.00
Building Permit -
New Structure or
addition
Constructing a building, addition, or
structure, including a pool or
retaining wall.
See building value
below in Part B
Building Permit -
Renovation,
alteration, and
repair of existing
structures
Renovating, altering, or repairing a
building or structure, including a
pool or retaining wall.
See building value
below in Part B
Moving Permit
Moving a building or structure into
or within the District.
$120.00
Demolition Permit
Demolishing a building or structure. $120.00 if less than
50 square metres,
$150.00 if 50 square
metres or more
Wood Stove Permit
Constructing a masonry fireplace or
installing a wood-burning appliance
or chimney, whether attached to,
part of or detached from a building.
For existing buildings.
$120.00
10A.4
Step Code Rebate
Buildings constructed in
accordance with Part 10A Energy
Conservation and GHG Emission
Reduction when applicant commits
to conducting a mid-construction
blower door test.
$500.00 deducted
from total Building
Permit Fee. Rebate
offered only until
allotted funds have
been depleted
7.4
Notice
Change in ownership or change in
the address of the owner which
occurs prior to the issuance of an
occupancy permit.
$75.00
Bylaw No.
1256.04,
2026
District of Tofino Building Bylaw No. 1256, 2019
23
10.16
Design Modification 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.
Hourly. See Part C
10.26
Conditions of a
Building Permit
Transfer or assignment of a
building permit or building permit
application.
$75.00
10.44
(a)
Re-inspection
Re-inspection where it has been
determined by the building official
that due to non-compliance with
the provisions of this bylaw or due
to non-complying work, more than
one site visit is required for any
required inspection.
$75.00
10.44
(b)
Special inspection
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.
Hourly. See Part C
10.44
(c)
After hours
inspection.
Inspections required under this
bylaw which cannot be carried out
during the District's normal
business hours.
$75.00 minimum plus
actual time spent at 2
times site visit hourly
rate, and travel costs
(see Part C)
10.46
Permit extension
Extension of building permit.
$100.00
10.59
Temporary
Buildings
Review temporary building
applications.
Hourly. See Part C
17.3
Violations
Stop Work
Double the building
permit fee to a
maximum of $10,000
Title
For providing property title search
from Land Title Office (per title)
$25.00
Alternative energy
systems installation
Alternative energy installations.
$0
Alternate solutions
Actual cost of review
Complex Part 9 and
Part 3 Building
Reviews
Actual cost of review
Part B - Building Value
Small Multi-family, Single Family Dwelling, Secondary Suites, and Caretaker Cabins
District of Tofino Building Bylaw No. 1256, 2019
24
$9.00 for each $1,000.00, or portion thereof, of construction value based on estimated value of
construction as determined in accordance with the "Marshall & Swift Valuation Service" or
"Residential Cost Handbook" using "average" quality of construction.
Commercial, Large Multi-family, Industrial, Institutional, Part 3, and Complex Part 9 Buildings
$9.00 for each $1,000.00, or portion thereof, of construction value based on a declaration from
an owner, project manager, or Architect.
Accessory Buildings (garage, greenhouse, shed), Temporary Buildings, Pools and Other Structures
(retaining walls, carports, decks)
$9.00 for each $1,000.00, or portion thereof, of construction value based on estimated value of
construction based on a declaration from an owner or contractor.
Part C- Plan Review or Site Visit Hourly Rate
Position
Fee
Building Inspector and Land Use Planner
Current hourly wage plus 25% for
benefits; plus 10% for administration
Part D - Refunds (10.14)
Refunds where construction of a building or structure has not begun shall equal 100% of the value
of the original building permit.
Part E - Construction before Permit Issued (10.17)
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 $10,000.00.
Part F - Building Permit Cancellation (10.51)
The Building Permit Processing Fee is non-refundable.