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Building Regulation Bylaw No. 2001, 2026
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on
BYLAW 2001, 2026
BUILDING REGULATION BYLAW
A BYLAW TO PROVIDE FOR THE ADMINISTRATION OF THE BRITISH COLUMBIA BUILDING CODE
AND REGULATION OF CONSTRUCTION
______________________________________________________________________________
WHEREAS the Council of the District of Ucluelet 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 Ucluelet is enacting this bylaw to regulate construction
and administer the British Columbia Building Code in Ucluelet in accordance with the Community
Charter and the Building Act;
AND WHEREAS the District of Ucluelet 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;
NOW THEREFORE the Council of the District of Ucluelet, in open meeting, enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Building Regulation Bylaw No. 2001, 2026".
2.
DEFINITIONS:
"Accepted"
means reviewed by the building official under the applicable
provisions of the building code and this bylaw.
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"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 regulation by this bylaw.
"Architect"
means an architect within the meaning of the Professional
Governance Act, SBC 2018, c47.
"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 official" referred to in the Community Charter and Local
Government Act.
"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:
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(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.
"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.
"Fees and
Charges Bylaw"
means "District of Ucluelet Fees and Charges Bylaw No. 1186" as
amended or replaced.
"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.
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"Professional
Engineer"
means an individual who is registered with the regulatory body as a
professional engineer under the Professional Governance Act, SBC
2018, c 47.
"Professional
Geoscientist"
means an individual who is registered with the regulatory body as a
professional geoscientist under the Professional Governance Act, SBC
2018, c 47.
"Project"
means any construction operation.
"Retaining Wall"
means a structure 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
(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.
"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 Work"
means that amount that is calculated as indicated in Schedule 'C' of
the Fees and Charges Bylaw.
3. PURPOSE OF BYLAW:
3.1
Despite any other provision in this bylaw, this bylaw must be interpreted in
accordance with this Part.
3.2
Every permit issued under this bylaw is issued expressly subject to the provisions of
this Part.
3.3
This bylaw is enacted to regulate, prohibit and impose requirements regarding
construction in the District in the public interest.
3.4
The purpose of this bylaw does not extend to:
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(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
(e)
providing the protection of adjacent real property from incidental damage
or nuisance.
4. SCOPE AND EXEMPTIONS:
4.1
Application
4.1.1
This bylaw applies to the geographical area of the District and to land, the
surface or water, air space, buildings or structures in the District.
4.1.2
This bylaw applies to the design, construction or occupancy of new buildings
or structures, and the alteration, reconstruction, demolition, removal,
relocation or occupancy or change of use or occupancy of existing buildings
and structures.
4.1.3
This bylaw does not apply to
(a)
a fence;
(b)
an accessory building with a floor area of less than 10 square metres;
(c)
retaining walls 1.2 metres or less in height that do not support a
structure;
(d)
a trellis, an arbour, or other similar landscape structures on a parcel
zoned for single-family residential occupancy uses under the District's
Zoning Bylaw; or
(e)
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.
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4.2
Limited Application to Existing Buildings
4.2.1
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.
4.2.2
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 14 applies to building moves.
4.2.3
If an alteration is made to an existing building the alteration must comply
with this bylaw and the building code and the entire building must be made
to comply with this bylaw and the building code, but only to the extent
necessary to address any new infractions introduced in the remainder of the
building because of the alteration.
4.2.4
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 because of the alteration or addition.
5. PROHIBITIONS
5.1 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.
5.2
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 occupancy permit 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.
5.3
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.
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5.4
Except in accordance with this bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter or modify plans and
supporting documents after the same have been reviewed by the building official, or
plans and supporting documents which have been filed for reference with the
building official after a permit has been issued.
5.5
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.
5.6
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.
5.7
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.
5.8
A person must not construct on a parcel unless the civic address is conspicuously
posted on the front of the premises or on a signpost so it may be easily read from
the public highway from which it takes its address.
5.9
A person must not contravene an administrative requirement of a building official
made under section 7.4.1 or any other provision of this bylaw.
5.10
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.
6.
PERMIT CONDITIONS:
6.1
A permit is required if work regulated under this bylaw is to be undertaken.
6.2
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
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(c)
constitute a representation or warranty that the building or structure meets
any standard of materials or workmanship.
6.3
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.
6.4
Without limiting section 6.2(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.
7.
POWERS OF A BUILDING OFFICIAL:
7.1
Administration
7.1.1
Words defining the authority of a building official are to be construed as
internal administrative powers and not as creating a duty.
7.1.2
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)
create, amend, public and prescribe any forms, notices, policies or
other documents to administer this bylaw;
(d)
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
(e)
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.
7.2
Refusal and Revocation of Permits
7.2.1
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.
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7.2.2
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.
7.3
Right of Entry
7.3.1 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.
7.4
Powers
7.4.1 Subject to appliable enactments, a building official may be 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 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.
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7.4.2
Every reference to "owner" in section 7.4.1 includes a reference to the owner's
agent or constructor.
7.4.3
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.
8.
OWNER'S RESPONSIBILITIES:
8.1 Permit Requirements
8.1.1
Subject to Section 11 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; or
(f)
changing the use or occupancy of a building, unless the works are the
subject of another valid and subsisting building permit.
8.1.2 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.
8.2
Owner's Obligations
8.2.1 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 by the building
official, and that all permits are posted conspicuously on the site
during the entire execution of the work; and
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(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
Ucluelet building official.
8.2.2
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.
8.2.3
Every owner to whom a permit is issued must, during construction,
(a) allow a building official to enter any building or premises at any
reasonable time to administer and enforce this bylaw;
(b) 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
(c) post the permit on the property so that it may be easily read from the
public highway from which the property takes its address.
8.3
Damage to Municipal Works
8.3.1 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.
8.3.2 In addition to payment of a security deposit under sections 11.7.1 to 11.7.5,
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.
8.4
Demolition
8.4.1
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.
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8.4.2 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.
8.5
Notice
8.5.1
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.
8.5.2
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.
8.5.3 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.
8.5.4 Without limiting sections 11.16 to 11.18, 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.
8.5.5
Every owner must give notice in writing to a building official and pay the non-
refundable fee set out in Schedule 'C' of the Fees and Charges Bylaw,
immediately upon any change in ownership or change in the address of the
owner which occurs prior to the issuance of an occupancy permit.
8.5.6
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.
OBLIGATIONS OF OWNER'S CONSTRUCTOR:
9.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the building code, this bylaw and all other applicable codes,
standards and enactments.
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9.2
Every constructor must ensure that no excavation or other work is undertaken on
public property, and that such property is not 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.
10.
REGISTERED PROFESSIONAL'S RESPONSIBILITIES:
10.1
Professional Design and Field Review
10.1.1 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.
10.1.2 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.
10.2 Requirement for a Registered Professional
10.2.1 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 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 single storey 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;
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(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 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.
10.2.3 The building official may require any registered professional carrying out the
professional design and field review required under section 9.3 to provide
evidence that they have experience and expertise in respect of the
professional design and field review of the context and scope required.
10.3
Professional Plan Certification
10.3.1 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 10.1
and 10.2.1 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.
10.3.2 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.
10.3.3 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
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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.
10.3.4 If a building permit is issued for construction of a complex building, the
permit fee is reduced by 5% of the fees payable under Schedule 'C' of the
Fees and Charges Bylaw, up to a maximum reduction of $500.00 (five
hundred dollars).
11.
BUILDING APPLICATION REQUIREMENTS:
11.1
Requirements Before Applying for a Building Permit
11.1.1 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 if 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
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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.
11.2
Building Permit Applications for Complex Buildings
11.2.1
An application for a building permit with respect to a complex 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 acknowledgement of responsibility
and undertaking made in the form prescribed by a District of Ucluelet
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:
(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;
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(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's zoning bylaw and development permit;
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(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 two sets 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
(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
Ucluelet Garbage Collection & Regulation Bylaw No. 960, 2004" and
"District of Ucluelet Zoning Bylaw No. 1160, 2013".
11.2.2 In addition to the requirements of section 11.2.1 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
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(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.
11.3
Building Permit Applications for Simple Buildings
11.3.1 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 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 Ucluelet
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;
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(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 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 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;
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(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,
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 Ucluelet Garbage Collection & Regulation Bylaw No. 960,
2004" and "District of Ucluelet Zoning Bylaw No. 1160, 2013"".
11.3.2 In addition to the requirements of section 11.3.1 of this bylaw, 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, then a building official may require the
following be submitted with a permit application for the construction
of each simple building in the project:
i.
a section through the site showing grades, buildings,
structures, parking areas and driveways;
ii.
a roof plan and roof height calculations;
iii.
structural, electrical, plumbing, mechanical or fire
suppression drawings prepared and sealed by a registered
professional;
iv.
letters of assurance in the form of Schedule B referred to in
Division C of the building code, signed by a registered
professional; and
v.
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.
11.4
Site and Location Information
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11.4.1 Without limiting sections 11.2.1(f) or 11.3.1(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;
(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.
11.5
Application Fee
11.5.1 A non-refundable application fee shall:
(a)
accompany a building permit application in the amount as prescribed
in Schedule 'C' of the Fees and Charges Bylaw;
(b)
be credited against the permit fee when the permit is issued.
11.6
Building Permit Fee
11.6.1 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 'C' of the Fees and
Charges Bylaw; 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.
11.7
Security Deposit
11.7.1 Prior to the issuance of a building permit, the owner must pay to the District
the security deposit prescribed in Schedule 'C' of the Fees and Charges
Bylaw.
11.7.2 The security deposit sum set out in section 11.7.1 of this Bylaw
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(a)
covers the cost borne by the District to maintain, restore or replace
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.
11.7.3 The security deposit or applicable portion must be returned to the owner or
the person identified by the owner, when:
(a)
the building official is satisfied that no further damage to public works or
public lands will occur;
(b)
the inspections required by this bylaw are complete and acceptable to the
building official;
(c)
the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the building official;
(d)
an occupancy permit has been issued;
and only if the owner or agent has requested the return of the security.
11.7.4 Any credit greater than the amount of the security deposit used by the
District for the purposes described in sections 11.7.1 to 11.7.2 of this Bylaw
will be returned to the owner unless otherwise so directed by the owner.
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 owner, the agent, or the constructor.
11.7.5 If the proposed work includes excavation or construction on lands within 3
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 11.7.1 to 11.7.2 of this Part.
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11.8
Permit Fee Refunds
11.8.1 No fee or part of a fee paid to the District may be refunded if construction
of the building has started.
11.8.2 A building permit or other permit fee may be partially refunded as set out in
Schedule 'C' of the Fees and Charges Bylaw only if:
(a)
the owner or agent 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.
11.8.3 A building permit or other permit fee is not refundable after the permit has
been extended under section 11.21 of this Part.
11.9
Design Modification
11.9.1 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 'C' of the Fees
and Charges Bylaw.
11.10
Construction Before Permit Issued
11.10.1 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.
11.11
Expiration of Application for a Permit
11.11.1 A building permit other permit application submittal that is not complete or
does not comply with the applicable provisions of this bylaw, expires 180
days from the date an application is received under this Part, unless the
permit is not issued only due to delays caused by the District.
11.12
Issuance of a Building Permit
11.12.1 If
(a)
a complete application in compliance with sections 11.2 and 11.3 of
this Bylaw, including all required supporting documentation, has
been submitted; and,
(b)
the owner has paid all applicable fees set out in sections of this Part
and Schedule 'C' of the Fees and Charges Bylaw; and,
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(c)
the owner or his or her representative has paid all charges and met
all requirements imposed by any other statute or bylaw; and,
(d)
the owner has retained a professional engineer or geoscientist if
required under this bylaw; and,
(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.
11.12.2 Despite section 11.12.1, 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.
11.13
Compliance with the Homeowner Protection Act
11.13.1 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 the Act.
11.13.2 Section 11.13.1 of this Bylaw 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.
11.13.3 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.
11.14
Partial Construction
11.14.1 If a site has been excavated and a building permit is not subsequently issued
or a subsisting building permit has expired under section 11.20.1, 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
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to restore the original gradients of the site within 60 days of being served
notice by the District to do so.
11.14.2 If a building permit has expired and partial construction has progressed,
with no extension requested of the building official under section 11.22, 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.
11.15
Conditions of a Building Permit
11.15.1 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 under Schedule 'C' of the Fees and Charges Bylaw. The transfer or
assignment of a building permit is not an extension of a building permit.
11.15.2 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.
11.16
Inspections
11.16.1 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.
11.16.2 Despite section 11.16.1 of this Bylaw, a building official may attend the site
from time to time during construction to ascertain that the field reviews are
taking place and to monitor the field reviews undertaken by the registered
professionals.
11.16.3 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.
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11.16.4 For all work in respect of simple buildings the owner must give at least 48
hours' notice by email to the building official 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 and removal of debris from the site;
(b)
excavation, within 24 hours of the start of excavation;
(c)
siting, footing and foundation forms, before concrete is poured;
(d)
installation of perimeter drainage, damp proofing or water proofing
and roof drainage system prior to backfilling
(e)
subfloor depressurization layer and subfloor radon pipe before it is
covered;
(f)
prior to inspection under section 11.16.4(g), plumbing located below
the finished slab level;
(g)
the preparation of ground, including ground seal and air barrier
when required, subgrade and under slab insulation
(h)
after inspection under section 11.16.4(g) hydronic heating pipes and
under slab insulation;
(i)
installation of rough-in plumbing and radon pipe before it is covered;
(j)
installation of building services before being covered;
(k)
rough in of factory-built chimneys and fireplaces and solid fuel
burning appliances;
(l)
sheathing, framing, fire blocking and fire stopping (including drywall
in fire separations), bracing, chimney and ductwork, exterior doors
and windows, but prior to the installation of insulation, interior
finishes, sheathing paper or exterior finishes which would conceal
such work;
(m) insulation and vapour barrier prior to the installation of any finishes
that could conceal such work;
(n)
construction of an exterior deck;
(o)
on-site constructed tubs or showers and tub or shower trap tests;
(p)
the installation of wall sheathing membrane, externally applied
vapour or air barrier, rainscreen and flashings, but prior to the
installation of exterior finishes which could conceal such work; and
(q)
the health and safety aspects of the work and the energy
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.
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11.16.5 A building official will only carry out an inspection under section 11.16.4 if
the owner or the owner's agent has requested the inspection by email in
accordance with this bylaw.
11.16.6 Despite the requirement for the building official's acceptance of the work
outlined in section 11.16.4, 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.
11.16.7 For work in respect of complex buildings, the owner must:
(a)
give at least 48 hours' notice by email to the building official 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 official 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, energy 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 described in this bylaw,
complete with all documentation in the form as prescribed by the
Building Official.
11.17
Stop Work Order
11.17.1 The building official may direct the immediate suspension or correction of
all or a portion of the construction on a building or structure by the
attachment of a stop work order notice in the form prescribed by the
building official on the premises whenever it is found that the work is not
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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.
11.17.2 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.
11.17.3 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.
11.17.4 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.
11.17.5 Subject to section 11.17.1, no work other than the required remedial
measures may be carried out on the parcel affected by the notice referred
to in section 11.17.1 until the stop work order notice has been removed by
the building official.
11.17.6 The notice referred to in section 11.17.1 must remain posted on the
premises until that, which is contrary to the enactments, has been
remedied.
11.18
Do Not Occupy Notice
11.18.1 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.
11.18.2 If a notice is posted under section 11.18.1, 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.
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11.19
Inspection and Other Fees
11.19.1 In addition to the fees required under other provisions of this bylaw, the
owner must pay the non-refundable fee set out in Schedule 'C' of the Fees
and Charges Bylaw.
(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.
11.20
Permit Expiration
11.20.1 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.
11.21
Permit Extension
11.21.1 A building official may extend the period set out under section 11.20.1 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 'C' of the Fees and
Charges Bylaw has been paid.
11.22
Building Permit Revocation
11.22.1 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
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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.
11.23
Building Permit Cancellation
11.23.1 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.
11.23.2 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".
11.23.3 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".
11.23.4 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 'C' of the Fees and Charges
Bylaw,
(a)
less any non-refundable portion of the fee; and
(b)
15% of the refundable portion of the fee.
11.24
Occupancy
11.24.1 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.
11.24.2 A final occupancy permit will not be issued unless:
(a) all letters of assurance have been submitted when required in
accordance with the bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant
to sections 10 and 11.16 of this bylaw have both been inspected and
accepted or the inspections and acceptance are not required in
accordance with this bylaw;
(c) the owner has delivered to the District as-built drawings of the
building or structure in paper and digital format as required by the
District;
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(d) the owner has delivered to the District as-built plans of works and
services in digital format as required by the District; and
(e) all other documentation required under applicable enactments has
been delivered to the District.
11.24.3 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.
11.24.4 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 11.24.2 have been met with
respect to it.
11.24.5 A final occupancy permit may not be issued unless:
(a) all letters of assurance and the Confirmation of Required
Documentation as prescribed by the building official 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
sections 10 and 11.16 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.
11.25
Temporary Buildings
11.25.1 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
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bylaw, and connected, as required by enactments, to District utility
services.
11.25.2 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; 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.
11.25.3 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 'C' of the Fees and Charges Bylaw.
11.25.4 A permit fee for a temporary building or structure is not refundable.
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12.
TEMPORARY SHELTER DURING CONSTRUCTION
12.1
The building official may issue a building permit authorizing the use of a recreational
vehicle, trailer or camper as a temporary shelter on a parcel of land on which a
principal building is being constructed for a single-family dwelling unit or a duplex
dwelling.
12.2
A temporary shelter authorized under section 12.1, is subject to the following
conditions:
(a)
use shall not exceed the lesser of:
(i)
2 years from the date of issuance of the building permit; or
(ii)
15 days following issuance of an occupancy permit for the dwelling
unit
upon which time authorization to use the temporary shelter shall expire and
shall not be extended or renewed unless the extension or renewal is granted
in accordance with section 11.21;
(b)
the owner must pay to the District the security deposit sum set out in
Schedule 'C' of the Fees and Charges Bylaw or its successor, as security for
removal of the temporary shelter when required; and
(c)
the owner shall actively proceed with the construction of the principal
building for which the permit is issued.
12.3
If authorization to use the temporary shelter expires and it continues to be used for a
residential purpose, the District may cause the temporary shelter to be removed at
the expense of the owner and may deduct the cost of removal from the security
deposit provided by the owner from the deposit plus a fixed fee as set out in
Schedule 'C' of the Fees and Charges Bylaw for District costs.
12.4
Without limiting section 12.3, the District must return the security deposit to the
owner upon cessation of use of the temporary construction shelter, and the owner
shall not re-commence or permit another person to commence use of the temporary
construction shelter, unless otherwise authorized under this bylaw.
13.
RETAINING WALLS AND GRADES
13.1
No person may construct, or structurally repair, a retaining wall without a permit.
13.2
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.
13.3
Without limiting section 13.2, no person may occupy a building unless the finished
grade complies with all applicable enactments.
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14.
BUILDING MOVE:
14.1
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.
15.
NUMBERING OF BUILDINGS:
15.1
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; 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 until such time as the
building is removed from the site or has been demolished.
15.2
Despite section 15.1, the District may renumber or alter the assigned numbers in
respect of any building on any parcel, including those already in existence or
numbered.
15.3
Without limiting sections 15.1 or 15.2, the building official must, on the issuance of a
building permit and in accordance with the "Civic Address Numbering Bylaw No.
1108, 2009", 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 always posted in a conspicuous location
during construction.
15.4
Without limiting sections 15.1 through 15.3, on issuance of an occupancy permit, the
owner or occupier of the parcel must affix the numbers permanently in accordance
with the "Civic Address Numbering Bylaw No. 1108, 2009".
16.
POOLS:
15.1
Swimming Pool Permit and Fencing
15.1.1 Without limiting section 6.1 of this bylaw, a person must not construct, or
structurally repair, a swimming pool without a valid building permit.
15.1.2 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.
16.2
Pool Gate
16.2.1 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 to
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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.
16.3
Spa or Hot Tub Lid
16.3.1 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.
16.4
Maintenance
16.4.1 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 15.2 to
15.4 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.
16.5
Leaks or Other Failures
16.5.1 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.
17.
ACCESS ROUTE FOR FIRE VEHICLE:
17.1
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 complies with the
minimum BC Building Code requirements and satisfies the requirements of the
District of Ucluelet Fire Services Development Guidelines, as amended from time to
time.
18.
DESIGNATION OF BYLAW ENFORCEMENT OFFICER
18.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer means any
of the following:
a)
Chief Administrative Officer
b)
Building Inspector
c)
Bylaw Enforcement Officer
d)
Royal Canadian Mounted Police and Auxiliary RCMP Officers.
18.2
Any person who in any way interferes or willfully obstructs a Bylaw Enforcement
Officer in carrying out their duties pursuant to the provisions of this bylaw, is guilty
of an offence against this bylaw.
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19.
VIOLATIONS AND PENALTY:
19.1
Any Person who causes, permits or allows anything to be done in contravention or
violation of this Bylaw, or who neglects or fails to do anything required to be done
pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon
summary conviction to pay a fine of not more than $50,000, plus the costs of
prosecution, and any other penalty or remedy available under the Community
Charter and Offence Act.
19.2
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026".
19.3
Where an offence under this Bylaw is of a continuing nature, each day that an
offence continues, or is permitted to exist, constitutes a separate offence.
19.4
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 the Fees and
Charges Bylaw.
19.5
If action is taken pursuant to this bylaw, expenses may be recovered together with
costs and interest in the same manner as municipal taxes.
19.
DEEMED OFFENCE:
19.1
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.
19.2
No person is deemed liable under section 19.1 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before e
or she became the owner of the parcel.
19.3
Nothing in section 19.2 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.
21.
SEVERABILITY:
21.1
If any provision of this Bylaw is determined by a court of competent jurisdiction to
be unlawful or unenforceable, that provision shall be severed from this Bylaw and
shall not affect the validity of any remaining provision of this Bylaw.
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22.
ADMINISTRATIVE PROVISIONS:
22.1
This Bylaw hereby repeals "District of Ucluelet Building Bylaw No. 1363, 2025".
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer