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CITY OF VERNON
BUILDING BYLAW
#5900
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THE CORPORATION OF THE CITY OF VERNON
BYLAW 5900
AMENDMENTS
BYLAW
NO.
DATE
AMENDMENT
5966
September 11, 2023
AMEND Part 15: ENERGY CONSERVATION
AND GHG EMISSION REDUCTION to include
provisions for solar ready construction
5993
April 22, 2024
AMEND Part 15: ENERGY CONSERVATION
AND GHG EMISSION REDUCTION to include
provisions for zero carbon step code requirements
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Table of Contents
Part 1: TITLE ................................................................................................................................. 6
Citation ....................................................................................................................................... 6
Part 2: PURPOSE OF BYLAW .................................................................................................. 6
Part 3: SCOPE AND EXEMPTIONS ......................................................................................... 7
Application ................................................................................................................................. 7
Climatic and Seismic Data ...................................................................................................... 8
Limited Application to Existing Buildings .............................................................................. 8
Part 4: PROHIBITIONS ............................................................................................................... 9
Part 5: PERMIT CONDITIONS ................................................................................................ 10
Part 6: POWERS OF A BUILDING OFFICIAL ...................................................................... 11
Administration ......................................................................................................................... 11
Refusal and Revocation of Permits ..................................................................................... 11
Right of Entry .......................................................................................................................... 11
Powers ..................................................................................................................................... 12
Part 7: OWNER'S RESPONSIBILITIES ................................................................................. 13
Permit Requirements ............................................................................................................. 13
Owner's Obligations ............................................................................................................... 13
Damage to Municipal Works ................................................................................................. 14
Demolition ................................................................................................................................ 14
Notice ....................................................................................................................................... 15
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR .................................................... 15
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ...................................... 16
Professional Design and Field Review ............................................................................... 16
Requirement for a Registered Professional ....................................................................... 16
Professional Plan Certification ............................................................................................. 17
Part 10: BUILDING APPLICATION REQUIREMENTS ........................................................ 18
Requirements Before Applying for a Building Permit ....................................................... 18
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Building Permit Applications for Complex Buildings ......................................................... 19
Building Permit Applications for Simple Buildings............................................................. 23
Site and Location Information............................................................................................... 26
Building Permit Fee ................................................................................................................ 26
Security Deposit with Building Permit Application ............................................................ 27
Permit Fee Refunds ............................................................................................................... 28
Design Modification ................................................................................................................ 28
Construction Before Permit Issued ...................................................................................... 28
Expiration of Application for a Permit .................................................................................. 29
Issuance of a Building Permit ............................................................................................... 29
Compliance with the Homeowner Protection Act .............................................................. 29
Partial Construction ................................................................................................................ 30
Conditions of a Building Permit ............................................................................................ 30
Inspections .............................................................................................................................. 30
Stop Work Order ..................................................................................................................... 33
Do Not Occupy Notice ........................................................................................................... 34
Inspection and Other Fees ................................................................................................... 34
Permit Expiration .................................................................................................................... 34
Permit Extension .................................................................................................................... 34
Building Permit Revocation................................................................................................... 35
Building Permit Cancellation................................................................................................. 35
Occupancy ............................................................................................................................... 36
Temporary Buildings .............................................................................................................. 37
Sanitary Facilities ................................................................................................................... 38
Part 11: RETAINING WALLS AND GRADES ....................................................................... 39
Part 12: BUILDING MOVE ........................................................................................................ 39
Part 13: ADDRESSING OF BUILDINGS............................................................................... 39
Part 14: POOLS......................................................................................................................... 40
Swimming Pool Permit and Fencing ................................................................................... 40
Pool Gate ................................................................................................................................. 40
Spa or Hot Tub Lid ................................................................................................................. 40
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Maintenance ............................................................................................................................ 41
Leaks or Other Failures ......................................................................................................... 41
Part 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION ................. 411
Part 16: ACCESS ROUTE FOR FIRE VEHICLE ............................................................... 422
Part 17: OFFENCES............................................................................................................... 422
Violations ............................................................................................................................... 422
Deemed Offence .................................................................................................................. 433
Ticketing ................................................................................................................................. 433
Part 18: INTERPRETATION ................................................................................................. 444
Definitions .............................................................................................................................. 444
Severability ............................................................................................................................ 488
Part 19: REPEAL..................................................................................................................... 488
Part 20: IN FORCE ................................................................................................................. 499
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THE CORPORATION OF THE CITY OF VERNON
BYLAW NUMBER 5900
A Bylaw for Administration of the Building Code Regulation of Construction
______________________________________________________________________
GIVEN that the City of Vernon Council
A.
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;
B.
is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Vernon in accordance with the Community Charter and the
Building Act;
C.
has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the City of Vernon enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "City of Vernon Building Bylaw No. 5900, 2021".
PART 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.
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2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard
to construction in the City 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 City 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 City is free from latent, or
any, defects; or
(e) the protection of adjacent real property from incidental damage or
nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1
This bylaw applies to the geographical area of the City and to land, the surface
of water, air space, buildings or structures in the City.
3.2
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.
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 retaining wall supporting soil that is less than 1.2
metres in height, or other similar landscape structures on a parcel zoned
for single-family residential occupancy uses under the City's zoning bylaw;
and
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(d) a building or structure commonly known as "Canadian Standards
Association Z240 MH series or Z241 series", except as regulated by the
Building Code.
(e) the non-structural repair and maintenance of lawfully conforming
structures on a parcel zoned for single family residential occupancy uses
under the City's zoning bylaw.
Climatic and Seismic Data
3.4
The climatic and seismic values for the design of buildings under the Code shall
be in conformance with the values in the BC Building Code for Vernon, British
Columbia, except:
(a) The depth of ground cover for frost protection referred to in the Code shall
be a minimum of 900 mm.
Limited Application to Existing Buildings
3.5
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.
3.6
This bylaw applies if the whole or any part of an existing building is moved
either within or into the City, including relocation relative to parcel lines created
by subdivision or consolidation. Part 12 applies to building moves.
3.7
If an alteration is made to an existing building the alteration must comply with this
bylaw and the building code and the entire building must be made to comply with
this bylaw and the building code, but only to the extent necessary to addresses
any new infractions introduced in the remainder of the building as a result of the
alteration.
3.8
If an alteration creates an addition to an existing building, the alteration or
addition must comply with this bylaw and the building code and the entire
building must be made to comply with this bylaw and the building code, but only
to the extent necessary to address any new infractions introduced in the
remainder of the building as a result of the alteration or addition.
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PART 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 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.
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 that variance 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 City on property in the administration of this
bylaw.
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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
or a part of a building or structure without first applying for and obtaining a
building permit under this bylaw.
PART 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 City 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.
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PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are to 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 City, 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, or if the building official has any reason to believe that an unsafe
condition exists.
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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 code, or any other enactment of the City 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 prescribed form;
(c)
an owner to remove or prevent any unauthorized encroachment on a
public parcel, a statutory right of way or easement, or a setback or yard
required under an enactment;
(d) an owner to remove any building or structure, or any part of a building or
structure, constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f)
an owner to uncover 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
(i)
within the time ordered, or
(ii)
if no time is ordered, immediately.
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PART 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) installation and alteration of plumbing systems;
(c)
moving a building or structure into or within the City;
(d) demolishing a 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; and
(e) 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 City
an owner's undertaking in the prescribed form, where required by the
building official.
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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 City 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,
(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 City, within 30 days of receiving an invoice for same
from the City, 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 City a vacancy date;
(b) include a copy of a title search for the relevant property made within 30
days of the date of the permit application;
(c)
ensure that all municipal services and other services are capped and
terminated at the property line;
(d) provide a hazardous materials survey report and remediation clearance
letter for buildings constructed prior to 1990.
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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 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.
7.11
If an owner or a registered professional terminates the engagement of the
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.
7.12
Without limiting sections 10.29 to 10.44, every owner must give at least 24
hours' online or written notice to a building official
(a) of intent to do work that is required or ordered to be corrected during
construction;
(b) of intent to cover work that is required under this bylaw to be, or has been
ordered to be, inspected prior to covering; and
(c)
when work has been completed so that a final inspection can be made.
7.13
Every owner must give notice in writing to a building official immediately upon
any change in ownership or change in the address of the owner which occurs
prior to the issuance of an occupancy permit.
7.14
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.
PART 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
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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.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the City 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 City 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 by the prescribed form.
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 City 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;
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(c)
foundation and excavation components of new simple buildings and
additions greater than 55 square metres to simple buildings in accordance
with the building code, except where an unsafe condition may exist;
(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 City.
9.4
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.
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 City and its building officials as certification that the
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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.
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 City 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 as prescribed in the current City of Vernon Fees and Charges
Bylaw.
PART 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 City'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 City, 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
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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 is not
intended to be connected to the City's sewage disposal system, the owner
must apply for and obtain approval from the City 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 is not
intended to be connected to the City's waterworks system, the owner must
apply for and obtain approval from the City 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 City's storm water drainage system, the
owner must apply for and obtain approval from the City 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 City bylaw or
other enactment have not been completed in accordance with the
enactments, the owner must enter into a completion agreement with the
City and deliver to the City 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 in the prescribed form 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 prescribed form 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
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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 construction fire safety plan, material staging and trucking route
plan;
(g) 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;
(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;
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(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 of bank and water courses;
(xix)
access routes for firefighting;
(xx)
accessible paths of travel from the street to the building; and
(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 City'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;
(h) 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;
(i)
include a cross-section through the building or structure in sufficient detail
and locations to illustrate foundations, drainage, ceiling heights and
constructions systems;
(j)
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 City zoning bylaw
and development permit;
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(k)
include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the building
code;
(l)
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;
(m) 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;
(n) 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;
(o) 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;
(p) 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; and
(q) include illustration of any slopes on the subject parcel that exceed 30%.
10.3
In addition to the requirements of section 10.2 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 City'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.
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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 prescribed form 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 prescribed form 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 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;
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(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 City'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; and stair dimensions;
(g) include a cross-section through the building illustrating foundations,
drainage, ceiling heights and construction systems;
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(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 City zoning and development permit;
(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)
except for garages, carports and garden structures located on land,
include a foundation and excavation design prepared by a registered
professional in accordance with the building code;
(l)
include geotechnical letters of assurance, in addition to a required
geotechnical report, if the building official determines that the site
conditions so warrant;
(m) include two sets of drawings at a suitable scale of design including the
information set out in (f) to (i) of this section; and
(n) 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.
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;
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(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 prescribed form 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(g) or 10.4(e) of this Part, the building official may
in writing require an owner to submit an up-to-date plan or survey prepared by
a registered British Columbia land surveyor which contains sufficient
information respecting the site and location of any building to
(a) establish, before construction begins, that all the provisions of this bylaw
in relation to this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and
other applicable 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 City
(a) the building permit fee prescribed in the current City of Vernon Fees and
Charges Bylaw; and
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(b) any fees, charges, levies or taxes imposed by the City 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 City, at the time of the
application, a security deposit as prescribed in the current City of Vernon Fees
and Charges Bylaw.
10.9
The security deposit sum set out in section 10.8 of this Part
(a) covers the cost borne by the City 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 City 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 such a 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
10.11
Any credit greater than the amount of the security deposit used by the City 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 City to complete
corrective work to public lands, public works, or the site is recoverable by the
City 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 3
metres of works or services owned by the City, the owner must deliver to the
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building official a signed agreement in a form prescribed by the City 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
Director of Operation Services, and the owner must deposit with the City
security in accordance with sections 10.8 to 10.11 of this Part.
Permit Fee Refunds
10.13
No fee or part of a fee paid to the City 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 the
current City of Vernon Fees and Charges Bylaw 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 City a
building permit fee based on the plan review rate set out in the current City of
Vernon Fees and Charges Bylaw.
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.
10.18
If construction has advanced without inspection to a stage where compliance
with this bylaw or other applicable enactments, standards, or bylaws cannot be
readily determined, the building official may require tests and investigations by
an independent agency at the owner's expense to establish compliance or
provide recommended remedial measures to be taken, prior to the issuance of
a permit.
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Expiration of Application for a Permit
10.19
A building permit or a plumbing permit application expires 180 days from the
date a complete application is received under this Part if the building permit or
plumbing permit is not issued by the application expiration date, unless the
permit is not issued only due to delays caused by the City.
Issuance of a Building Permit
10.20
If
(a) a completed application in compliance with sections 10.2 and 10.3 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 the current City of Vernon Fees and Charges Bylaw;
(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 City requires or
authorizes the permit to be withheld,
the building official must issue the permit, in the prescribed form, for which the
application is made, and the date of issuance is deemed to be the date the City
gives written notice to the owner that the permit is ready to be picked up by the
owner.
10.21
Despite section 10.20, 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
10.22
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
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(b) the constructor is a licensed "residential builder" as defined in that Act.
10.23
Section 10.22 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.
10.24
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
10.25
If a site has been excavated under a building permit for excavation issued
under this bylaw and a building permit is not subsequently issued or a
subsisting building permit has expired under section 10.46, 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 City to do so.
10.26
If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.47, permanent type
fencing with privacy screen complying with the City's Zoning Bylaw, must be
erected around the building site for protection to the public.
Conditions of a Building Permit
10.27
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.
The transfer or assignment of a building permit is not an extension of a building
permit.
10.28
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
10.29
If a registered professional provides letters of assurance in accordance with this
Part, the City 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
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the design, plans and specifications and that the construction complies with the
building code, this bylaw and other applicable enactments respecting safety.
10.30
Despite section 10.29 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.
10.31
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.
10.32
For all work in respect of simple buildings the owner must give at least 48
hours' notice to the City 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) foundation and footing forms, before concrete is poured, provided that
after concrete is poured, a British Columbia Land Surveyor certificate is
received prior to any other inspections other than inspection 10.32(c)
being performed;
(c)
installation of foundation drainage and damp-proofing, sanitary sewer,
storm sewer, and water services, prior to backfilling;
(d) prior to inspection under section 10.32(e), plumbing located below the
finished slab level;
(e) the preparation of ground, including ground cover when required,
perimeter insulation on inside of concrete foundation walls and reinforcing
steel;
(f)
after inspection under section 10.32(e) hydronic heating pipes and below
slab insulation;
(g) installation of rough-in plumbing before it is covered;
(h) rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(i)
framing, sheathing, fire stopping (including drywall in fire separations),
bracing, chimney and ductwork, rough wiring, rough plumbing, rough
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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;
(j)
insulation, air and vapour barrier, prior to installation of interior finish;
(k)
occupancy and final, after 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.
10.33
A building official will only carry out an inspection under section 10.32 if the
owner or the owner's agent has requested the inspection online or in writing in
accordance with this bylaw.
10.34
Despite the requirement for the building official's acceptance of the work
outlined in section 10.32, if a registered professional provides letters of
assurance, the City 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.
10.35
No person may conceal any aspect of the work referred to in section 10.32 of
this bylaw until a building official has accepted it in writing.
10.36
For work in respect of complex buildings, the owner must
(a) give at least 24 hours' online or written notice to the City 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 24 hours' online or written notice to the City when requesting
a pre-occupancy 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 City requirements and other enactments respecting safety and
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the conservation, GHG emission and accessibility aspects of the work;
and
(c)
cause the coordinating registered professional, at least 24 hours prior to
the pre-occupancy coordinated site review coordinated by the coordinating
registered professional, to deliver to the building official the Confirmation
of Required Documentation described in the prescribed form, complete
with all documentation in a hard covered three ring binder and in digital
pdf format on a memory stick.
Stop Work Order
10.37
The building official may direct the immediate suspension or correction of all or
a portion of the construction on a building or structure by attaching a stop work
order notice in the prescribed form on the premises 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 City or the applicable provisions of
the Homeowner Protection Act.
10.38
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.
10.39
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 10.37.
10.40
The owner must immediately, after the posting of a notice under section 10.37,
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 City.
10.41
Subject to section 10.37, no work other than the required remedial measures
may be carried out on the parcel affected by the notice referred to in section
10.37 until the stop work order notice has been removed by the building official.
10.42
The notice referred to in section 10.37 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
10.43
If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice
in the prescribed form on the affected part of the building or structure.
10.44
If a notice is posted under section 10.43, 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
10.45
In addition to the fees required under other provisions of this bylaw, the owner
must pay the non-refundable fee set out in the current City of Vernon Fees and
Charges Bylaw for
(a) a second and each subsequent re-inspection where it has been
determined by the building official that due to non-compliance with the
provisions of this bylaw or due to non-complying work, more than one site
visit is required for any required inspection;
(b) a special inspection during the City'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 City's normal business hours.
Permit Expiration
10.46
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
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10.47
A building official may extend the period set out under section 10.46 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 the current City of Vernon Fees and
Charges Bylaw has been paid.
Building Permit Revocation
10.48
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 City,
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
10.49
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.
10.50
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".
10.51
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".
10.52
If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the building official must return to the owner any
fees deposited under the current City of Vernon Fees and Charges Bylaw, less
(a) any non-refundable portion of the fee; and
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(b) 15% of the refundable portion of the fee.
Occupancy
10.53
No person may occupy a building or structure or part of a building or structure
until a final inspection notice has been issued by a building official.
10.54
A final inspection notice will not be issued unless
(a) all letters of assurance have been submitted when required in accordance
with this bylaw;
(b) all aspects of the work requiring inspection and acceptance pursuant to
sections 7.11 to 7.14 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 City as-built plans of works and services in
digital format as required by the City;
(d) the owner has provided to the City a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and
elevation determined in accordance with the City's land use regulations;
(e) all other documentation required under applicable enactments has been
delivered to the City; and
(f)
the owner has delivered to the City as-built drawings of the building or
structure in digital format as required by the City.
10.55
When a registered professional provides letters of assurance in accordance
with this bylaw, the City will rely solely on the letters of assurance when issuing
a final report authorizing occupancy as assurance that the items identified on
the letters of assurance substantially comply with the design, the building code,
this bylaw and other applicable enactments respecting safety.
10.56
A building official may issue a final inspection notice for partial occupancy of a
portion of a building or structure under construction when
(a) that portion of the building or structure is self-contained and provided with
essential services respecting health and safety aspects of the work, and if
applicable, accessibility, GHG emissions and conservation; and
(b) the requirements set out in section 10.54 have been met with respect to it.
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10.57
A final inspection notice may not be issued unless
(a) all letters of assurance and the Confirmation of Required Documentation
described in the prescribed form 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 10.29 through 10.36 of this bylaw have both been inspected
and accepted;
(c)
the owner has executed and delivered to the City every agreement,
instrument or form required by the City in relation to the work or the site;
and
(d) all required offsite works respecting safety have been completed.
Temporary Buildings
10.58
Subject to the bylaws of the City 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 City's zoning
bylaw, built in compliance with the building code and this bylaw, and
connected, as required by enactments, to City utility services.
10.59
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
under the prescribed form, 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;
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(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 City's zoning bylaw and
other applicable bylaws;
(i)
a security deposit as prescribed in the current City of Vernon Fees and
Charges Bylaw, which security
(i)
may be used by the City to remove the building after one year of
the date of the final inspection required under this bylaw; or
(ii)
must be returned to the owner if the owner removes the
temporary building within one year of the date of the final
inspection of the temporary building required under this bylaw;
and
(j)
in the case of a temporary building, information to comply with article
1.1.1.1(2)(f), Division C of the Building Code.
10.60
Before receiving a building permit for a temporary building or structure for
occupancy, the owner must pay to the City the applicable building permit fee
set out in the current City of Vernon Fees and Charges Bylaw.
10.61
A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
10.62
During the time a building permit has been issued and remains valid under this
bylaw, the owner must provide on the parcel of land in respect of which the
permit has been issued, sanitary facilities for the disposal of human waste from
individual persons who enter on the parcel in relation to the work referred to in
the permit, which facilities must be accessible and unlocked when not occupied
while work is being carried out on the parcel under this bylaw, and every
sanitary facility that is not connected to a
(a) sanitary sewer; or
(b) septic disposal system approved under the Health Act,
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by plumbing that complies with the Building Code and this bylaw, must be
provided, at all times the facility is required under this bylaw, with toilet paper, a
locking door for privacy, and ventilation, and must be kept in sanitary condition
without leaking beyond the facility and without overflowing within the facility.
Such facilities must be located so as not to create a nuisance to neighbouring
parcels or highways.
PART 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.
PART 12: BUILDING MOVE
12.1
No person may move a building or structure into or within the City
(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;
(c)
in the case of a manufactured building, be affixed with a CSA Rating Plate
in respect of manufacture providing the year, make, model and serial
number and/or the Province of British Columbia Mobile Home Registry.
PART 13: ADDRESSING 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 City
(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
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(b) until such time as the building is removed from the site or has been
demolished.
13.2
Despite section 13.1, the City's Director of Development Services may
renumber or alter the assigned numbers in respect of any building on any
parcel, 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 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 on the building such that the number is visible from an
adjacent highway that is not a lane.
PART 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.
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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.
PART 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
Step Code Requirements
15.1
In relation to the conservation of energy and the reduction of GHG emissions,
the City of Vernon incorporates by reference the Step Code as outlined in the
Building Code in accordance with Section 15.2 and 15.3.
15.2
A building regulated by Part 3 of the Building Code must be designed and
constructed to meet the minimum performance requirements specified in
a) Step 1 of the Step Code as of July 1, 2022 for all Part 3 Buildings.
15.3
A building regulated by Part 9 of the Building Code, of new residential
construction, must be designed and constructed to meet the minimum
performance requirements specified in
a) Step 1 of the Step Code as of January 10, 2022 for all Part 9 residential
buildings;
b) Step 3 of the Step Code as of January 1, 2023 for all Part 9 residential
buildings.
Solar Ready Construction
15.4
Applications for building permits for the construction of new buildings of
residential occupancy that contain one dwelling unit or one dwelling unit and
one secondary suite must contain plans or other information satisfactory to the
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Building Official to confirm that the construction contains design considerations
for the future use of solar photovoltaic and solar domestic hot water systems.
15.5
Where it is shown to the satisfaction of the Building Official that building site
conditions do not permit the effective use of solar photovoltaic or solar domestic
hot water systems, section 15.4 does not apply. (Bylaw 5966)
Zero Carbon Step Code
15.6
A building regulated by Part 9 of the Building Code must be designed and
constructed to meet or exceed the performance requirements specified in GHG
Emission Level 1 (measure only) of the Zero Carbon Step Code. (Bylaw 5993)
PART 16: ACCESS ROUTE FOR FIRE VEHICLE
16.1
Prior to the issuance of a building permit for a simple building of multi-family or
commercial occupancy under Part 9 of the building code, the owner must
satisfy the building official that the building or structure for which the permit is
issued will be served by a fire access route that satisfies the following:
(a) the width of an access route must be not less than 6.0 meters;
(b) the centerline radius of an access route must be 12.0 meters;
(c)
the overhead clearance of an access route must be 5.0 meters;
(d) the gradient of the access route must not change more than 1 in 12.5 over
a minimum distance of 15.0 meters;
(e) the access route must comply with the bearing load and surface material
standards of the City's Subdivision and Development Servicing Bylaw, as
amended or replaced from time to time; and
(f)
the length above which a dead-end portion of an access route requires
turnaround facilities is 90.0 meters.
PART 17: OFFENCES
Violations
17.1
Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of
this bylaw; and
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(c)
neglects to do anything required to be done under any provision of this
bylaw,
commits an offence and on summary conviction by a court of competent
jurisdiction, the person is subject to a fine of not more than $10,000.00, or a
term of imprisonment not exceeding three months, or both, in addition to the
costs of prosecution. Each day during which a violation, contravention or
breach of this bylaw continues is deemed to be a separate offence.
17.2
Every person who fails to comply with any order or notice issued by a building
official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
17.3
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 the City
bylaws.
Deemed Offence
17.4
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.
17.5
No person is deemed liable under section 17.4 who establishes, on a balance
of probabilities, that the construction or change of use or occupancy occurred
before he or she became the owner of the parcel.
17.6
Nothing in section 17.5 affects
(a) the City's right to require and the owner's obligation to obtain a permit; and
(b) the obligation of the owner to comply with this bylaw.
Ticketing
17.7
The offences in the City's Bylaw Notice Enforcement Bylaw and Municipal
Ticketing Information Bylaw, amended from time to time, are designated for
enforcement under s. 264 of the Community Charter.
17.8
The following persons are designated as bylaw enforcement officers under
section 264(1) (b) of the Community Charter for enforcing the offences in City's
Bylaw Notice Enforcement Bylaw and Municipal Ticketing Information Bylaw,
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amended from time to time: building officials, fire inspectors and persons
designated by Council as bylaw enforcement officers.
PART 18: INTERPRETATION
Definitions
18.1
In this bylaw
accepted means reviewed by the building official under the applicable
provisions of the building code and this bylaw;
addition means an alteration to any building which will increase the total
aggregate floor area or the building height (in storeys), and includes the
provision of two or more separate buildings with openings between each other
for intercommunication;
agent 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 City, and includes a building inspector, plan checker, plumbing inspector
gas inspector, or electrical inspector designated or appointed by the City, and
for certainty the building official is the "building inspector" referred to in the
Community Charter and Local Government Act;
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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
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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 prescribed form, and also where the context or
circumstances so require
(a) a tenant for life under a registered life estate;
(b) a registered holder of an agreement for sale;
(c) a holder or occupier of land held in the manner mentioned in Sections 228
and 229 of the Community Charter; or
(d) a lessee with authority to build on land;
permit means permission or authorization in writing by the building official to
perform work regulated by this bylaw and, in the case of a final inspection
notice, to occupy a building or part of a building;
pool means a structure or constructed depression used or intended to be used
for swimming, bathing, wading or diving which is designed to contain water and
has a depth, at any point, exceeding 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;
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(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 and retaining structures less than 1.22 meters in height;
temporary building includes a sales office, construction office 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:
(a) for construction of a building containing a residential occupancy that is
served by only one stove, or two stoves if permitted as an auxiliary and
secondary residential occupancy, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using "Marshall & Swift Valuation Service",
or such universal source of calculating valuation as the building
official deems reasonable, practical, and expedient; or
(b) for all other construction, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using a method stipulated in the "Marshall
& Swift Valuation Service", or such universal source of
calculating valuation as the building official deems reasonable,
practical, and expedient.
18.2
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,
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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.
18.3
Every reference to this bylaw in this or another bylaw of the City is a reference
to this bylaw as amended to the date of the reference.
18.4
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.
18.5
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.
Severability
18.6
If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for
any reason declared invalid by a court of competent jurisdiction, the decision
will not affect the validity of the remaining portions of this bylaw.
PART 19: REPEAL
"The City of Vernon Building and Plumbing Bylaw No. 4900" and all amendments
are hereby repealed and replaced for all purposes.
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PART 20: IN FORCE