View Royal, British Columbia
· No. 1111
· adopted 2023-10-03
· summary & facts
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Town of View Royal
BUILDING BYLAW NO. 1111, 2023
A Bylaw for Administration of the Building Code and Regulation of Construction
____________________________________________________________________________
GIVEN that the Town 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 View Royal in accordance with the Community Charter and the Building
Act; and
C. has employed Building Officials for the purposes of this Bylaw;
NOW THEREFORE the Council of the Town of View Royal enacts as follows:
PART 1:
CITATION
1.1
This Bylaw may be cited as "Building Bylaw No. 1111, 2023".
PART 2:
INTERPRETATION
2.1
In this Bylaw:
accepted means received 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 their licence;
alternative solution means an alternative solution authorized under the Building Code;
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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 Regulation means the Architects Regulation under the Professional
Governance Act;
Building Code means the British Columbia Building Code as adopted by the Minister
responsible under provincial legislation, as amended or re-enacted from time to time;
Building Official means the person designated in or appointed to that position by the
Town, and includes a building inspector, plan checker, Plumbing Official, designated or
appointed by the Town, and for certainty the Building Official is a "building inspector"
referred to in the Community Charter and Local Government Act and a "qualified building
official" or an "exempt building professional" under the Building Act ;
Certified Professional means a registered professional practising under the Certified
Professional Program as recognized by the Architect Institute of BC (AIBC) and the
Engineers and Geoscientists BC (EGBC).
complex building means a building where Division A Section 1.3.3.2 of the Building
Code applies;
construct or means to build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
cost of construction means the total hard and soft costs calculated in accordance with
section 11.22;
Do Not Occupy means a notice issued by the Building Official where the Building
Official has not given permission to occupy the premises by means of a valid permit or
business licence;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC
1996, c. 116;
Emissions level means the greenhouse gas emissions level as described in Article
9.37.1.3 of Division B for buildings regulated under Part 9 of the Building Code and Article
10.3.1.3 of Division B for buildings regulated under Part 3 of the Building Code;
Energy Step Code means the energy performance standards set out in Subsection 9.36.6
of the Building Code and a reference to a numbered step in the Energy Step Code
established in that Subsection;
existing, in respect of a building, means that portion of a building constructed with
valid permits prior to the submission of a permit application required under this Bylaw;
Fees and Charges Bylaw means Fees & Charges Bylaw No.958, 2016, as amended or
replaced from time to time;
final inspection notice means permission or authorization in writing by the Building
Official for an interim occupancy of a building where the health and safety aspects of
the work have been addressed;
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foundation means a system or arrangement of foundation units through which the loads
from a building are transferred directly to supporting soil or rock and includes any portion
of the exterior walls of a building that lie below the finished grade immediately adjacent
to the building;
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by
Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to Parts 1
and 2 in relation to Parts 3 through 10, Division B, of the Building Code;
monitoring check means an audit check by the Building Official of a building or
structure under construction for the purposes of the health and safety aspect of the
work; and for certainty, does not include design or construction of building envelope,
mechanical systems, or structural elements where there are letters of assurance submitted
by the registered professionals.
occupancy permit means a final authorization by the Building Official for the
occupancy of a building, structure, or other work specified in the permit;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form prescribed by the Building Official;
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 or occupancy
permit, to occupy a building or part of a building;
Plumbing Official means the person designated in or appointed to that position by the
Town, who has the qualifications set out in the Building Act to carry out the duties of
plumbing inspections;
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 constructed to hold back, stabilize, or support soil;
Sprinkler Bylaw means the Building Sprinkler Bylaw No 500, 2002;
standard building means a building where Division A Section 1.3.3.3 of the Building
Code applies;
Stop Work means a notice issued by the Building Official to immediately suspend
construction;
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structure means a construction or portion thereof of any kind, whether fixed to,
supported by, or sunk into land or water, except for retaining wall of 1.2 metres or less
in height;
Subdivision and Development Services Bylaw means the Subdivision and
Development Services Bylaw No. 985, 2017,as amended or replaced from time to time;
temporary building describe a building or other structure that is located for no more
than a fixed duration as specified on the permit, or for the duration of the construction,
and may include a sales office, construction office, or a structure in which tools are stored
during construction of a building or other structure;
Tree Protection Bylaw means the Tree Protection Bylaw No.1069, 2022, as amended or
replaced from time to time;
Unsafe to Occupy means a building or construction that has been declared to be
structurally unsafe by the Building Official and the Chief Administration Officer of the
Town;
Work Without Permit means construction that has been carried out without a valid
permit or written authorization to prove otherwise;
Zoning Bylaw means the Zoning Bylaw No 900, 2014, as amended or replaced from time
to time.
2.2
In this Bylaw the following words and terms have the meanings:
a) set out in the Building Code as of the date of the adoption of this Bylaw: accessible,
assembly occupancy, building, building area, building height, business and
personal services occupancy, care occupancy, constructor, coordinating
registered professional, designer, detention occupancy, excavation, field
review, firewall, first storey, grade, high hazard industrial occupancy, industrial
occupancy, low hazard industrial occupancy, major occupancy, medium hazard
industrial occupancy, mercantile occupancy, occupancy, post disaster
occupancy, private sewage disposal system, registered professional,
residential occupancy, treatment occupancy or unsafe condition;
b) subject to this Bylaw, set out in the Schedule to the Community Charter: assessed
value, highway, land, occupier, parcel, 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.
2.3
Every reference to this Bylaw in this or another bylaw of the Town, is a reference to this
Bylaw as amended or replaced to the date of the reference.
2.4
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 replaced from time to time.
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2.5
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.
PART 3:
PURPOSE OF BYLAW
3.1
Despite any other provision in this Bylaw, this Bylaw must be interpreted in accordance
with this Part.
3.2
Every permit issued under this Bylaw is issued expressly subject to the provisions of this
Part.
3.3
This Bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the Town of View Royal in the public interest.
3.4
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 Town or any Building Official of any responsibility for
ensuring the compliance by any owner, their 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 permit, final inspection notice or occupancy
permit is issued under this Bylaw;
d) providing any person a warranty or assurance that construction undertaken under
permits issued by the Town is free from latent, or any, defects; or
e) the protection of adjacent real property from incidental damage or nuisance.
PART 4:
SCOPE AND EXEMPTIONS
Application
4.1
This Bylaw applies to the geographical area of the Town of View Royal and to land, the
surface of water, air space, buildings or structures in the Town.
4.2
This Bylaw, and the Sprinkler Bylaw, apply 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 change of occupancy of existing buildings
and structures.
4.3
This Bylaw does not apply to buildings or structures exempted by Division A Part 1 of
the Building Code except as expressly provided herein, nor does it apply to the following:
a) a fence;
b) a tent;
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c) paving;
d) a trellis, an arbour, or other similar landscape structures on a parcel zoned for single-
family residential occupancy uses under the Town's Zoning Bylaw;
e) platforms less than 0.6 metres above grade;
f) storage racking systems of 2.6 metres or less in height;
g) irrigation systems downstream of a backflow prevention device; or
h) plumbing systems separately serviced for the purpose of site drainage.
Limited Application to Existing Buildings
4.4
Except as provided in the Building Code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has
been constructed before the enactment of this Bylaw, the enactment of this Bylaw is not
to be interpreted as requiring that the building must be reconstructed and altered, unless
it is expressly so provided by this or another bylaw, regulation or statute.
4.5
This Bylaw applies if the whole or any part of an existing building is moved either within
or into the Town, including relocation relative to parcel lines created by subdivision or
consolidation.
4.6
If an alteration or addition is made to an existing building, the alteration or addition
must comply with this Bylaw, the Sprinkler Bylaw and the Building Code and, where
applicable, the remainder of the building must be made to comply with this Bylaw, the
Sprinkler 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 or addition.
4.7
A registered professional with a structural specialty must certify the building is
structurally sound meeting current requirements in the Building Code with the
introduction of any new structural loads as a result of the alteration or addition.
PART 5:
PROHIBITIONS
5.1
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or occupancy of any
building or structure, including other work related to construction
a) except in conformity with the requirements of the Building Code, this Bylaw and
other Town's bylaws or regulations; and
b) unless a Building Official has issued a valid and subsisting permit for the work
under this Bylaw.
5.2
A person must not occupy or permit the occupancy of any building or structure or
part of any building or structure
a) unless a subsisting final inspection notice or an occupancy permit has been
issued by a Building Official for the building or structure or the part of the building
or structure; or
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b) contrary to the terms of any permit issued or any notice given by a Building Official.
5.3.
A person must not knowingly submit false or misleading information to a Building
Official in relation to any permit application or construction undertaken pursuant to this
Bylaw.
5.4
Except in accordance with this Bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter or modify plans and supporting
documents after the same have been reviewed by the Building Official, or plans and
supporting documents which have been filed for reference with the Building Official
after a permit has been issued.
5.5
A person must not, unless authorized in writing by a Building Official, reverse, alter,
deface, cover, remove or in any way tamper with any notice, permit or certificate posted
or affixed to a building or structure pursuant to this Bylaw.
5.6
A person must not do any work that is substantially at variance with the accepted design
or plans of a building, structure or other works for which a permit has been issued,
unless that variance has been authorized in writing by a Building Official.
5.7
A person must not interfere with or obstruct the entry of a Building Official or other
authorized official of the Town on property in the administration of this Bylaw.
PART 6:
PERMIT CONDITIONS
6.1
A permit is required if work regulated under this Bylaw is to be undertaken, including
but not limited to:
a) a building permit before constructing, repairing or altering a building or
structure, or portions of a building or structure;
b) a moving permit before moving a building or structure;
c) a demolition permit before demolishing a building or structure;
d) a fireplace permit prior to the construction of a masonry fireplace or the installation
of a wood burning appliance or chimney;
e) a plumbing permit prior to commencing the installation of any plumbing fixtures or
pipes;
f) a pool permit for installation of a pool; or
g) a retaining wall permit for the construction or structural repair a retaining wall
over 1.2m in height measured from the lowest exposed grade to top of wall;
The application form for the above scopes may be different in format, as prescribed by
the Building Official.
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6.2.
A permit is not required in the following circumstances:
a) for minor repairs or alterations to non-structural components of the building, including
roof retrofits or replacements for windows and doors of the same sizes in a single-
family dwelling; or
b) for minor plumbing repair or replacement in accordance with Section 13.4 of this
Bylaw.
6.3
Neither the issuance of a permit under this Bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on
behalf of the Town 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.
6.4
No person shall rely on any permit as establishing compliance with this Bylaw or assume
or conclude that this Bylaw has been administered or enforced according to its terms.
6.5
Without limiting section 6.3(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
and verify 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.
PART 7:
POWERS OF A BUILDING OFFICIAL
7.1
Every reference to "owner" in this Part includes a reference to the owner's agent or
constructor.
7.2
Words defining the authority of a Building Official are to be construed as internal
administrative powers and not as creating a duty.
7.3
A Building Official may:
a) administer this Bylaw, but owes no public or private law 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 documents, in paper or
electronic format, 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;
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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;
e) subject to section 16 of the Community Charter, enter on property at any time to
ascertain whether the requirements of this Bylaw are being met;
f)
order 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;
g) order 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 or any other
Town's bylaw;
h) require an owner to have work inspected by a Building Official prior to covering; or
have the work inspected by a registered professional, at the sole cost of the owner,
prior to covering;
i)
order an owner to uncover any work that has been covered without inspection
contrary to this Bylaw or an order issued by a Building Official; and
j)
order, in writing by a notice, the correction of any work that is being done or has been
done in contravention of the Building Code or this Bylaw in accordance with Part 24
of this Bylaw.
7.4
Without limiting section 7.3, the Building Official may cause any of the following notices
to be posted on the affected parcel, or on a building or structure, and make orders in
relation to the subject of the notice:
a) a Stop Work notice, notifying the person doing such work, to require the cessation of
construction, including plumbing installations, that is proceeding in contravention of
this Bylaw, conditions on the permit, or the Building Code;
b) a Work Without Permit notice notifying the owner or occupants where construction
or plumbing installations has been carried out without a valid permit as required under
this Bylaw;
c) a Do Not Occupy notice if the owner or occupants has been notified not to occupy a
building, and the owner or occupants continues the occupancy; and
d) an Unsafe to Occupy notice to the owner and occupants if the Building Official
deems the building to be structurally unsafe and considers that continuing use of the
building may endanger the safety of the occupants in or around the building.
7.5
Every person served with a notice under this Part must comply with that notice
a) within the time ordered, or
b) if no time is ordered, immediately.
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Refusal and Revocation of Permits
7.6
A Building Official may refuse to issue a permit, or may revoke an issued permit prior
to occupancy, if the Building Official determines that a violation of any of the following
has occurred or will occur:
a) violation of any of the conditions under which the permit was issued;
b) violation of a provision of this Bylaw or any other Town's bylaw;
c) violation of a provision of the Building Code or other provincial enactment;
d) if any reason is found to exist which would have been cause for denial of such permit,
if known to exist at the time of issuance of the permit;
e) if there are outstanding fees, charges, fines, or penalties that remains unpaid;
f) if information on the application is misleading or incorrect;
g) 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;
h) if all permits required under this Bylaw have not been obtained; or
i) if the permit was issued in error.
PART 8:
OWNER'S RESPONSIBILITIES
8.1
Every owner must:
a) comply with the Building Code, the requirements of this Bylaw and the conditions of
a permit, and must not omit any work required by the Building Code, this Bylaw or
the conditions of a permit;
b) ensure all registered professionals provide their necessary inspections in
accordance with their professional best practices or guidelines;
c)
ensure that all permits, all plans and specifications and supporting documents on
which a permit was based, all inspection notices, and all professional field reviews
are available at the site of the work for review 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
d) prior to the issuance of a building permit, execute and submit to the Town an owner's
undertaking in the form prescribed by the Building Official and signed by the owner.
8.2
Every owner and every owner's agent, must carry out construction or have the
construction carried out in accordance with the requirements of the Building Code, this
Bylaw and other bylaws of the Town 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 shall relieve the owner, or their agent, from full and sole responsibility to perform
the work in strict accordance with this Bylaw, the Building Code and all other applicable
codes, standards and enactments.
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8.3
Every owner must allow a Building Official to enter any building or premises at any
reasonable time to administer and enforce this Bylaw.
8.4
Every owner to whom a permit is issued must, during construction:
a) post the civic address and a permit card on the property so that it may be easily read
from the public highway from which the property takes its address;
b) manage any soil, dust, or water runoffs to adjacent properties and rights-of-way;
c) manage the disposal and removal of materials off the site in an acceptable and safe
manner;
d) ensure that the construction site is kept in a manner that complies with Worksafe
regulations;
e) ensure parking and the traffic flow related to the construction is managed without
causing nuisance to neighbours; and
f) ensure all construction materials, waste, dust or debris, from demolition, excavation or
construction activity are contained within the property boundaries, or have permission
from the Town to store off the site.
8.5
Every owner shall pay a fee in accordance to the Fees and Charges Bylaw:
a) to demolish a building with a permit;
b) to extend a building permit;
c)
for revision of plans after submission of the building permit application;
d) for revision of plans after issuance of a building permit; or
e) to transfer a building permit to another person.
Damage to Municipal Works
8.6
Every owner shall repair any damages to municipal works or lands, within a timely manner
once notified by the Town, back to their pre-existing conditions, or better, that occurs
during, or arises directly or indirectly from the work authorized by the permit; and the
owner shall be solely responsible for the cost of such repairs.
8.7
If the owner solely fails to remedy any repair or damage to the satisfaction of the Town,
the damage securities collected will be used by the Town to undertake the specified
repairs and the owner will be responsible to pay back to the Town for any additional costs
incurred over the amount of the security.
Owner's Responsibilities in Demolition
8.8.
Prior to obtaining a permit to demolish a building or structure, the owner must:
a) provide to the Town a vacancy date;
b) ensure that all sewer and storm pipes are capped and terminated at the property line;
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c) obtain approvals from other utilities involved, including water, gas, and hydro, in regard
to proper disconnection, at time of application; and
d) provide a hazardous materials report for the building or structure including methods
of deposition of such materials, and a clearance letter once any required remediation
is completed.
8.9
Every owner must ensure that, on completion of all demolition procedures:
a) all debris and fill are cleared and the site is levelled or graded;
b) if the site remains vacant for a duration longer than 6 months, an interim landscape
plan is in place; and
c)
the site is made safe with an acceptable security fencing if levelling and grading are
not possible.
8.10
If interim landscaping is required under Section 8.9, the owner must deliver to the town a
landscape security in the form of a letter of credit or cash as per the Fees and Charges
Bylaw, to ensure the interim landscaping plan takes place, and the security amount will
be refunded upon the completion of the interim landscaping.
Notices by Owner
8.11
Every owner must give written notice to a Building Official of any change in or
termination of engagement of a registered professional, including a coordinating
registered professional, during construction, within 24 hours of when the change or
termination occurs.
8.12
If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must stop
all work under a building permit that is under the responsibility of the departed registered
professional until the owner has engaged a new registered professional, including a
coordinating registered professional, and has delivered to a Building Official new
letters of assurance.
8.13
Every owner must give notice in writing to a Building Official and pay the non-refundable
fee set out in the Fees & Charges Bylaw immediately upon any change in ownership or
change in the address of the owner which occurs prior to the issuance of an occupancy
permit.
8.14
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.
8.15
Every owner shall give at least 48hours' notice to the Building Official
a) of any scheduled inspections of a registered professional or representative;
b) of intent to cover work that has been ordered to be inspected prior to covering; and
c) prior to requesting an inspection or monitoring check.
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PART 9:
OBLIGATIONS OF OWNER'S CONSTRUCTOR
9.1
Every constructor must ensure that all construction is done in compliance with all
requirements of the Building Code, this Bylaw and all other applicable, codes, standards
and enactments.
9.2
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public is disturbed, no building or structure erected, and no materials
stored thereon, in whole or in part, without first having obtained approval in writing from the
appropriate authority over such public property.
9.3
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 10:
REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
10.1 The provision by the owner to the Town 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 standard 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 Town 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, or as amended from time to time.
10.2
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 prescribed by the Building Official.
Requirement for a Registered Professional
10.3
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 for:
a) any construction of a complex building;
b) any construction of a standard building in circumstances where letters of assurance
have been required in accordance with the requirement of the Building Code;
c) except for garages, carports and garden structures, foundation and excavation
components of new standard buildings and additions greater than 55 square metres
to standard buildings in accordance with the Building Code;
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d) 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;
e) any building envelope components that fall under Division B Part 5 of the Building
Code, or if the building envelope do not comply with the prescriptive requirements of
Division B Part 9 of the Building Code;
f) 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 Town.
g) any design and construction of buildings required by the Architects Regulation to
have the services of an architect, in which case the owner must ensure the registered
professional is an architect.
h) any structural design of a complex building, and must at the owner's or engineer's
sole cost, also retain a second structural engineer to carry out a separate independent
check; and
i) a retaining wall over 1.2m in height.
10.4
The Building Official may require any registered professional carrying out the
professional design and field review required under section 10.3 to provide evidence that
they have experience and expertise in respect of the professional design and field review
of the context and scope required.
Professional Plan Certification
10.5
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 10.1 and 10.3 of this
Bylaw, are relied upon by the Town and its Building Officials as certification that the
design and plans to which the letters of assurance refer comply with the Building Code,
this Bylaw and other applicable enactments.
10.6
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.
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10.7
For a building permit issued for the construction of a building with letters of assurance,
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 Town or its Building Officials on the registered
professionals.
10.8
When a building permit is issued in accordance with Section 10.7, the permit fee shall
be reduced by 5% up to a maximum reduction of five hundred dollars ($500.00).
PART 11:
BUILDING PERMITS
Requirements Before Applying for a Building Permit
11.1
When submitting an application for a building permit, the owner must verify the following
requirements or conditions are in place, where applicable:
a) an approval for the development permit associated with the site;
b) the proposed building or structure complies with all bylaws of the Town, except to
the extent a variance of a bylaw is authorized by a development permit, development
variance permit or approval from 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) if the works and services required by a Town bylaw or other enactment have not been
completed, a servicing agreement with the Town must be conditionally approved, and
the security amount that is needed in the form of a letter of credit or cash in accordance
with the Subdivision and Development Services Bylaw for completion of the works
and services, must be provided; and
e) drawings regarding all on site works and services, and storm water management plan,
that comply with applicable bylaws, design standards and the Plumbing Code, have
been completed.
Intake Screening of an Application Submission
11.2. The Building Official may refuse to accept an application for building permit if any of the
submission requirements in 11.1 are not met, and if the application package:
a) does not substantially meet the requirements of the Building Code, or other Town's
bylaws, on application, or
b) does not match the proposal under the development permit or servicing agreement for
the site.
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11.3
Upon completion of the intake screening, the Building Official will notify the applicant in
writing if the application is refused under Section 11.2, and may charge a non-refundable
fee that has incurred as a result of the intake screening process in accordance with the
Fees and Charges Bylaw. The applicant must pick up the incomplete applicable package
within 14 days upon notification, after which the application package will be disposed of
without further notification.
Building Permit Applications for Complex Buildings
11.4
An application for a building permit for a complex building must include:
a) a completed application form signed by the owner, or a signing officer if the owner is
a corporation;
b) the owner's Letter of Authorization and owner's acknowledgement of responsibility
and undertaking made in the form prescribed by the Building Official and signed by
the owner, or a signing officer if the owner is a corporation;
c) a copy of a title search for the relevant property made within 30 days of the date of the
permit application, and where applicable, any covenants, easements or rights of way
listed on title;
d) a Building Code compliance report and code compliance drawings;
e) an energy compliance modelling report prepared by a Certified Energy Advisor;
f) a copy of a survey plan prepared by a British Columbia land surveyor;
g) a site plan prepared by a registered professional showing:
i. the bearing and dimensions of the parcel taken from the registered survey 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, and 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. if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system or storm water
drainage system;
vii. the location, dimensions and gradient of parking and parking access;
viii. proposed and existing setbacks to property lines;
ix. 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;
x. location, setbacks and elevations of all retaining walls, steps, stairs and decks;
xi. 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 Town's land use
regulations or provincial flood mapping regulations establish siting requirements
related to minimum floor elevation;
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xii. location and elevation of curbs, sidewalks, manholes, and service poles;
xiii. location of existing and proposed service connections;
xiv. location and species of all trees;
xv. location of top bank and water courses;
xvi. access routes for firefighting;
xvii. accessible paths of travel from the street to the building;
xviii. a north arrow; and
xix. zoning compliance summary;
except that the Building Official may waive, in whole or in part, the requirements
for a site plan or survey, if the permit is sought for the repair or alteration of an
existing building or structure;
h) 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; stair
dimensions, and accessibility requirements demonstrating compliance to the
Building Code;
i)
a cross-section through the building or structure in sufficient detail and locations
to illustrate foundations, drainage, ceiling heights and construction systems;
j)
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 Town's Zoning Bylaw and the associated development
permit;
k) all other requirements of Part 2 Division C of the Building Code;
l)
copies of approvals required under any enactment relating to health or safety,
including, without limitation, sewage disposal permits, highway access permits and
ministry of health approvals;
m) a letter of assurance in the form of Schedule A referred to in subsection 2.2.7
Division C, of the Building Code, signed by the owner, or a signing officer if the
owner is a corporation, and the coordinating registered professional;
n) letters of assurance in the form of Schedule B referred to in subsection 2.2.7 Division
C, of the Building Code, each signed by such registered professionals as the
Building Official or Building Code may require to prepare the design for and
conduct field reviews of the construction of the building;
o) two sets of drawings and an electronic copy at a suitable scale of the design
prepared by each registered professional containing the information set out in (g)
to (k) of this section;
p) landscape drawings and a letter of commitment to do field reviews by the landscape
architect;
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q) sprinkler design drawings prepared by a registered professional; and
r) illustration of any slopes on the subject parcel that exceed 30%.
11.5
In addition to the requirements of section 11.4 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 Town's Subdivision and Development Services Bylaw;
b) detailed stormwater management plan in accordance with the Town's Subdivision
and Development Services Bylaw;
c)
a section through the site showing grades, buildings, structures, parking areas
and driveways; and
d) any other information required by the Building Official to establish substantial
compliance with this Bylaw, the Building Code and other bylaws and enactments
relating to the building or structure.
Building Permit Applications for Standard Buildings
11.6
An application for a building permit for a standard building must, where applicable
include:
a) a completed application form signed by the owner, or a signing officer if the owner is
a corporation;
b) the owner's Letter of Authorization and owner's acknowledgement of responsibility
and undertaking made in the form prescribed by the Building Official and signed by
the owner, or a signing officer if the owner is a corporation;
c) all drawings and documents required on the application checklist provided by the
Building Official;
d) a copy of a title search for the relevant property made within 30 days of the date of
the permit application and where applicable include any covenants, easements or
rights of way listed on title;
e) 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;
f) 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;
g) except for garages, carports and garden structures located on land, a foundation and
excavation design prepared by a structural engineer in accordance with the Building
Code;
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h) geotechnical letters of assurance, in addition to a required geotechnical report, if the
Building Official determines that the site conditions so warrant;
i) an energy compliance modelling report prepared by a Certified Energy Advisor;
j) two sets of drawings and an electronic copy at a suitable scale of design; and
k) a Building Code compliance summary including the applicable edition of the
Building Code.
Site and Location Survey
11.7
Unless the Building Official waives the requirements for a survey, in whole or in part,
the owner must 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, upon completion of the foundation to top of concrete, and on completion of
the construction, that all provisions of this and other applicable bylaws 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 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.
Alternative Permit Approval for Certified Professionals
11.8
Where the owner chooses to engage in the services of a Certified Professional, and
where any required development permit is issued and any required servicing agreement
is entered for the project, a Building Official may, with written approval of the Chief
Administrative Officer or delegate, issue a permit for an excavation or foundation
phase ahead of a full building permit for a complex building, based on a complete set
of excavation, architectural, and structural drawings.
11.9
The owner must pay the building permit fee and all applicable securities and charges
associated with the proposed work for a permit for excavation or foundation, and a
separate building permit fee for the remaining building under a separate building
permit.
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11.10
The separate excavation or foundation permit is deemed to be incorporated into the
subsequent building permit when the construction exceeds the scope under the
excavation or foundation.
11.11
The letters of assurance of the full project are deemed to cover all phases of the project,
unless otherwise specified by the registered professional.
11.12
The Building Official may accept a complex building development for processing
under the Certified Professional Program, provided that:
a) the building document plans have been reviewed by the Certified Professional for
compliance with requirements of Division A, Division B, Parts 1 and 3 and Division C
of the Building Code, relevant Town bylaws and other applicable enactments; and
b) the building permit application has been prepared in accordance with the View Royal
Certified Professional Program Manual and includes all required letters of assurance,
schedules and checklists, and any required confirmations with respect to compliance
to the Building Code, and code coordination.
11.13
A Certified Professional providing the Building Official with letters of assurance, must
also provide proof of insurance in an amount and form prescribed by the Building
Official.
11.14 The Chief Administrative Officer may decertify a registered professional from practicing
as a Certified Professional in the Town if the registered professional:
a) is no longer licensed as a registered professional in the Province of British
Columbia;
b) submits any required documentation, which is in any material way inaccurate or
misleading;
c) fails to disclose in a timely manner to the Building Official any significant variation
or change to the design or construction of a building; or
d) fails to satisfactorily perform any duties or obligations required by this Bylaw or other
applicable enactments.
11.15
A Certified Professional must, where a building permit was issued under the Certified
Professional Program, and in addition to any other applicable responsibilities:
a) review, in advance of any tenant improvement building permit application, and any
tenant improvement work constructed prior to substantial completion of the shell of
the building;
b) review for adequacy and acceptability, any report concerning testing and field
reviews related to the construction and maintain a detailed record of such reports
and, if requested, make these available to the Building Official;
c) advise the Building Official promptly, in writing, if any matter of design,
construction or field review does not meet the requirements of the Building Code,
this Bylaw and/or other applicable enactments; and
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d) at least once every 30 days from the date of issuance of a building permit, submit to
the Building Official a written progress report together with copies of the field
review reports from each registered professional involved in the development.
11.16
The Building Official may post a Stop Work notice or revoke a building permit under
the Certified Professional Program in any of the following circumstances:
a) if the Certified Professional ceases to be retained by the owner, resigns or is
otherwise unable or unwilling to carry out field reviews or other duties related to the
development for which a building permit was issued under the Certified Professional
Program;
b) pursuant to paragraph (a), under such circumstances the Certified Professional
must promptly notify the Building Official in writing of the date upon which they will
cease to be involved;
c)
if the Certified Professional is no longer licensed as a registered professional in
the Province of British Columbia;
d) if the Certified Professional fails to perform any of their duties or obligations under
this Bylaw; or
e) if a document required by this Bylaw or under the Certified Professional Program is
not delivered by the Certified Professional within the time frame specified in this
Bylaw.
11.17
Where a building permit is revoked pursuant to Section 11.16, only work necessary, as
authorized by the Building Official, to remove any hazards or to mitigate damage arising
from exposure to the elements, can be undertaken on the development unless otherwise
specifically authorized by the Building Official.
11.18
Under the circumstances listed under section 11.16, construction must not resume until
the Building Official has received written notice from the owner that another Certified
Professional:
a) has been retained by the owner for the continuation of construction of the
building;
b) has reviewed the building and certifies that the building, as constructed up to that
point, substantially complies with the Building Code, this Bylaw and other
applicable enactments, and has been constructed in accordance with the approved
plans; and
c) will carry out the duties of the Certified Professional that are required in order to
bring the building to completion and to certify substantial compliance with the
Building Code, this Bylaw and other applicable enactments and that construction
will be in accordance with the previously approved plans.
11.19
Nothing in this Bylaw relieves the owner, or the Certified Professional of record for the
development, from full responsibility for ensuring that the building or structure is in
substantial compliance with the Building Code, this Bylaw and other applicable
enactments.
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11.20
Where the Building Official accepts a building permit application and letters of
assurance from a Certified Professional for a development, the Building Official will
rely on the certifications issued by the Certified Professional and other registered
professionals, that the drawings and construction will meet the requirements of the
Building Code.
Permit Fees
11.21
Every person who obtains a building permit, other permits or services shall pay the
applicable fees and charges as per calculated in the Fees and Charges Bylaw, with a
minimum non-refundable application fee at permit submission.
11.22
Building permit fees are based on the cost of construction which shall include in
addition to the general construction costs, and without limitation:
a) all mechanical, electrical, plumbing, drainage and gas installations necessary in
the carrying out of the construction to its completed form;
b) all design documents, labour and fees involved in the design, investigative
testing, consulting services, construction labour and management, even if
provided by the owner, or donated voluntarily by others, sales taxes;
c)
contractor's profit and overhead;
d) insurance; and
e) site preparation and civil works and improvements and all associated paving,
landscaping and underground servicing, including excavation and the use of
hoisting, pile driving, compaction or erection devices.
11.23
The cost of construction shall be the greater of:
a) the value declared by the owner on the application;
b) the value of construction that would be authorized by a building permit, as
determined by the Building Official utilizing an independent third-party valuation
tool of construction costs; or
c)
a cumulative total of all contracts of construction for the project at occupancy.
11.24
Plumbing permit fees shall be charged as per the Fees & Charges Bylaw, with an
applicable minimum permit fee.
Other Charges and Securities with Building Permit Application
11.25
Every applicant for a building permit that includes new site service connections shall
apply for their separate Engineering permits and pay the corresponding securities to
the Town.
11.26
Fees for miscellaneous services related to the administration of this Bylaw and
related enactments shall be charged at an hourly rate in accordance with the Fee and
Charges Bylaw.
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11.27
Every owner shall pay a cost recovery amount plus administrative fee for preparation,
registration, and discharge of any legal documents, including but not limited to,
restrictive covenants, notice on title, encroachment agreements, and statutory rights
of ways, when the Town has incurred costs in the preparation or registration of these
documents.
11.28
Where the Building Official issues an excavation or foundation permit under
Section 11.8 of this Bylaw, the owner shall deposit with the Town a security in the
form of cash or a letter of credit, against the cost of site restoration that is two times
the amount that may be incurred by the Town, should the Town need to perform the
site restoration work, in accordance with the Fees and Charges Bylaw.
Security Deposits
11.29
The Town will return securities collected under this Part, other than deposits against
the servicing agreement, less any work or repair costs incurred, after:
a) the final inspection of the related building permit; or
b) the cancellation, expiry or revocation of the building permit,
upon staff's confirmation that the Town's lands and assets have not been damaged
or, if damage has occurred, that it has been fully repaired, or that the work requiring
the securities amount has been satisfied.
Permit Fee Refunds
11.30
Except for the permit fee refund under Section 11.32, all fees collected under this Bylaw
are not eligible for refund once collected regardless of cancellation or withdrawal.
11.31
Permit fees are not eligible for refund where:
a) construction under permit has begun;
b) an inspection by the Building Official has been made;
c) the permit has expired;
d) a moving permit where the permit is issued; or
e) the permit has been extended under section 11.47 of this Part.
11.32
Permit fees may be refunded 50% of the eligible permit fees if the owner has cancelled
the permit and the Building Official has verified the construction of the building or
structure has not started.
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Compliance with the Homeowner Protection Act
11.33
If the application is in respect of a building that includes, or will include, a residential
occupancy governed by the Homeowner Protection Act, the building permit must not be
issued unless the owner provides evidence under section 30(1) of the Homeowner
Protection Act, that the proposed building:
a) is covered by home warranty insurance; and
b) the constructor is a licensed "residential builder" as defined in that Act.
11.34
Section 11.33 does not apply if the owner is not required to be licensed and to obtain
home warranty insurance in accordance with sections 20(1) or 30(1) of the Homeowner
Protection Act.
11.35
Every permit is issued subject to the owner and constructor maintaining compliance
with the Homeowner Protection Act and negotiations under it during the term of the
permit.
Issuance of a Building Permit
11.36 If
a) a completed application in compliance with this Part, including all required supporting
documentation, has been submitted;
b) the owner has paid all applicable fees of this Part;
c) the owner or their agent has paid all charges and met all requirements imposed by
any other statute or Town's bylaws;
d) the owner has retained all registered professionals if required under this Bylaw; and
e) no covenant, agreement, resolution or regulation of the Town requires or authorizes
the permit to be withheld,
a Building Official must issue the permit, in the form prescribed by the Building
Official, for which the application is made.
11.37
Where a Building Official authorizes the issuance of a building permit or plumbing
permit, other staff can administratively facilitate the issuance of such permits.
Conditions of a Building Permit
11.38
A building permit or an application for a building permit that is in process may not be
transferred or assigned until the owner has notified the Building Official in writing, the
Building Official has authorized the transfer or assignment in writing and the owner
has paid the non-refundable fee required. The transfer or assignment of a building
permit is not an extension of a building permit.
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11.39
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 construction or occupancy being
carried on when in violation of this Bylaw or another bylaw.
11.40
A permit is deemed to have been issued as of the date it was signed by the Building
Official or Plumbing Official.
11.41
A Building Official may deem construction up to the last accepted inspection or
submitted field review to be valid work performed under a permit up to that documented
stage for future considerations.
11.42
If a permit has expired or been revoked, an owner shall apply for and obtain a new
building permit prior to commencing or completing any remaining work.
11.43
If a Building Official issues a new permit pursuant to an application under section
11.42, the permit shall be subject to the requirements of this Bylaw, the current Building
Code, and all other applicable bylaws and enactments as applicable.
11.44
Despite section 11.8 or 11.36, a Building Official may withhold the Building Official's
services pertaining to any permit related activities under this Bylaw if the owner or
constructor has been notified in writing by the Building Official of a violation of this
Bylaw regarding the construction of another building or structure by the same owner
or constructor, and the owner or constructor has not ended the violation.
Tree Protection
11.45
The owner must provide verification that tree protection measures remain in place during
construction, for trees that are identified under the permit that require tree protection,
in accordance with the Tree Protection Bylaw.
Permit Expiration
11.46
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.
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Permit Extension
11.47
A Building Official may approve an extension for a permit set out under this Section
for no more than two extensions, not to exceed twelve months for each extension, if
construction has not 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, provided that:
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 Fees & Charges Bylaw has been paid.
Permit Withdrawal and Cancellation
11.48
A building permit application may be withdrawn by the owner prior to issuance on
delivery of written notification to the Building Official.
11.49
The Building Official may consider an application for a permit to have been abandoned,
and may cancel the application, if:
a)
the applicant has been notified that the permit is ready for collection and the
applicant has not collected the permit within 30 calendar days of the date of the
notification; or
b)
the applicant has been requested in writing to provide information or documentation
to complete the application and the applicant has not done so or replied within 45
calendar days of the date of the request.
11.50
An issued building permit may be cancelled by the owner, on delivery of the surrendered
permit, written notification of the cancellation and confirmation by the Building Official
that construction has not commenced under the permit.
Design Modification
11.51
If an issued building permit or other permit is active and the owner proposes
modification to the design, or when there are changes with any of the following:
a)
the three-dimensional shape of the building;
b)
form and character of the building;
c)
grading on site;
d)
increase in residential units by layout;
e)
parking count;
f)
siting by a legal survey; or
g)
service connection locations;
the owner must apply for a pre-approval of the changes, and pay the Town an additional
review fee based on an hourly rate set out in the Fees & Charges Bylaw.
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11.52
The owner must accept the risk if the changes proposed in Section 11.51 are not
approved, and the construction must carry on in accordance with the approved
drawings.
11.53
If there are any associated increased building permit fees or charges resulting from the
changes proposed, the owner must pay the outstanding amounts prior to requesting the
final inspection.
Alternative Solutions
11.54
An owner who wishes to provide alternative solutions to satisfy one or more of the
requirements of the Building Code or this Bylaw shall:
a) submit to the Building Official sufficient evidence to demonstrate that the proposed
alternate solutions will provide the level of performance required by the Building
Code and this Bylaw, and
b) pay the applicable fee as set out in the Fees & Charges Bylaw.
PART 12:
ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION
12.1 Subject to energy conservation or carbon reduction amendments to the Building Code:
a) except as provided in subsection (b), a building regulated by Part 3 of the Building
Code must be designed and constructed to meet the minimum performance
requirements and objectives specified in Step 2 of the Energy Step Code;
b) a wood frame building consisting of six storeys or less regulated by Part 3 of the
Building Code must be designed and constructed to meet the minimum
performance requirements and objectives specified in Step 3 of the Energy Step
Code;
c) a building regulated by Part 9 of the Building Code must be designed and
constructed to meet the minimum performance requirements and objectives
specified in Step 3 of the Energy Step Code;
d) a building regulated by Part 9 of the Building Code with major occupancy classified
as residential occupancy must be designed and constructed in conformance with
emissions level 4;
e) a building regulated by Part 3 of the Building Code with major occupancy classified
as residential that is six storeys or less must be designed and constructed in
conformance with emissions level 4; and
f) a building regulated by Part 3 of the Building Code with major occupancy classified
as residential occupancy, business and personal services occupancy, or mercantile
occupancy must be designed and constructed in conformance with emissions level
4.
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12.2 The owner of any building subject to a requirement under sections 12.1 must do the
following prior to the issuance of any occupancy permit in respect of the building:
a) submit an energy compliance report of the completed building; and
b) affix one of the following home energy labels to the building in a conspicuous location,
upon or in close proximity to the electrical panel:
(i)
an EnerGuide Rating System label;
(ii)
a Passive House certification;
(iii)
a Net zero home verified by a certified Canadian energy advisor; or
(iv)
a comparable home energy label acceptable to the Building Official.
PART 13:
PLUMBING PERMITS
13.1
Except where approved in writing by the Director of Engineering and where the works are
installed in a statutory right of way in favour of the Town, no plumbing, drainage, sewer,
sewage system, or portion thereof, shall be located on any parcel other than the parcel
that is served by such facilities.
13.2
Except as provided in subsection 13.4, a person shall not construct, extend, renew, alter,
or repair a plumbing system unless a plumbing permit to do so has been obtained.
13.3
A Plumbing Official may only issue a plumbing permit to:
(a) to a licensed plumbing contractor; or
(b) to a homeowner who shall carry out the plumbing work themselves in a single-family
dwelling owned by them, provided they have satisfied the Plumbing Official that they
are competent to perform such work.
13.3
A plumbing permit is not transferable.
13.4
Notwithstanding 13.1, a plumbing permit is not required when:
a) a stoppage in a drainage system is cleared;
b) a leak is repaired in a water distribution system;
c) a fixture is replaced without any change to the drainage system;
d) a replacement is made up to five (5) heads in an existing sprinkler branch; or
e) a replacement is made to existing faucets, service water heater, valves, pipes or
fittings in a water distribution system, or perimeter drains.
13.5
A person shall not cover any regulated plumbing work until a Plumbing Official has
approved the work.
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13.6
Prior to calling for a plumbing inspection, the owner or licensed plumbing contractor may
be required to submit to a Plumbing Official an isometric drawing overlayed on the floor
plan showing before the inspection:
a) the location and size of every building drain, including every trap and cleanout fitting
on the drain;
b) the size and location of every soil-or-waste pipe, trap, and vent pipe; and
c) a layout of the potable water distribution system, including pipe sizes and valves.
13.7
Prior to the final inspection the owner shall ensure that:
a) all fixtures and equipment have been installed and ready for use;
b) if a fixture has been roughed-in for future use, the outlet has been sealed with an
approved plug or cap; and
c) all drains and vents have been completed and that the system has been filled with
water or pressurized air up to the roof or to the highest point of connection to an
existing vent.
13.8
If a Plumbing Official does not approve any part of the system after it has been inspected
or tested, the owner shall:
a) make any alteration or replacement that is necessary; and
b) request inspection of the corrected work.
13.9
The owner shall ensure that all connections to potable water systems are designed in
compliance with requirements for cross connection contamination meeting the Capital
Regional District's standards.
13.10 Every owner shall ensure that fixtures discharging sewage that includes fats, oils, grease,
or grit located in public kitchens, restaurants or any other applicable occupancy are
equipped with the appropriate trap or interceptor in accordance with Part 7 of the Building
Code.
13.11 A Plumbing Official may authorize work to be covered or concealed without an
inspection, subsequent to a request for inspection, provided that:
a) the request for inspection includes certification that the work has been performed in
compliance with the BC Plumbing Code and any other applicable standard; and
b) the certification is provided by a licensed plumbing contractor who obtained the permit
and has overseen the work.
13.12 A Plumbing Official may request a verification of a licensed plumbing contractor's work
by another licensed plumbing contractor, and the owner will be responsible for the cost of
the additional inspection.
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PART 14:
INSPECTIONS
14.1
If a registered professional provides letters of assurance in accordance with this Bylaw,
the Town will rely solely on field reviews undertaken by the registered professional and
the letters of assurance submitted pursuant to this Bylaw and the Building Code as
assurance that the construction substantially conforms to the design, plans and
specifications and that the construction complies with the Building Code, this Bylaw and
other applicable enactments respecting safety.
14.2
Despite section 14.1 and 14.4 of this Part, a Building Official may attend the site from
time to time during the course of construction of a complex building to perform
monitoring checks for compliance with this Bylaw.
14.3
A Building Official may attend periodically at the site of the construction of standard
buildings or structures to ascertain whether the health and safety aspects of the work
is being carried out in substantial conformance with the Building Code, this Bylaw and
any other applicable enactments concerning safety.
14.4
The owner or constructor must schedule a monitor check with a Building Official to
verify that field reviews are being conducted by the registered professional at the
following stages of construction of a complex building:
a) upon completion of footing and foundation forms before concrete is poured;
b) prior to backfilling of on-site services, including damp-proofing and foundation
insulation, and if applicable, water line and storm sanitary sewer connections;
c) upon completion of below slab plumbing, above slab plumbing, waterlines, p-traps and
sprinkler system;
d) upon completion of framing;
e) upon completion of fire stopping, fire blocking, and fire separations; and
f) upon completion of installation of insulation and vapour barrier.
14.5
For all work in respect of standard buildings, the owner must give at least 48 hours'
notice to the Town when requesting an inspection and must obtain an inspection and
receive a Building Official's written acceptance of the following aspects of the work prior
to concealing them:
a) after demolition, the grading of and removal of debris from the site;
b) excavation, within 24 hours of the start of excavation;
c) foundation and footing forms, before concrete is poured;
d) prior to inspection under section 14.5(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;
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f) after inspection under section 14.5(e) hydronic heating pipes and below slab
insulation;
g) installation of rough-in plumbing before it is covered;
h) installation of building services before being covered;
i) rough in of factory-built chimneys and fireplaces and solid fuel burning appliances;
j) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting,
exterior doors and windows, but prior to the installation of insulation, interior finishes,
sheathing paper or exterior finishes which would conceal such work;
k) insulation and vapour barrier;
l) mid-construction blower door test to verify energy step target;
m) construction of an exterior deck if the deck serves as a roof;
n) on-site constructed tubs or showers and tub or shower trap tests;
o) the installation of wall sheathing membrane, externally applied vapour or air barrier,
stucco wire or lath, and flashings, but prior to the installation of exterior finishes which
could conceal such work; and
p) the health and safety aspects of the work, energy conservation, GHG emission
reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
14.6
A Building Official will only carry out an inspection under section 14.5 if the owner or the
constructor has requested the inspection in accordance with this Bylaw.
14.7
Despite the requirement for the Building Official's acceptance of the work outlined in
section 14.5, if a registered professional provides letters of assurance, the Town 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.
14.8
No person may conceal any aspect of the work referred to in section 14.5 of this Bylaw
until a Building Official has accepted it in writing.
14.9
For work in respect of complex buildings, the owner must
a) request a pre-construction meeting at least 3 working days in advance with the
Building Official prior to the start of construction, and the owner or their
representative must ensure that the coordinating registered professional, the
constructor,
registered
professionals,
where
applicable
the
Certified
Professional, as well as representatives of major trades, are in attendance;
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b) request a pre-occupancy meeting at least 3 working days in advance coordinated by
the coordinating registered professional or Certified Professional, with the
owner, the constructor and the registered professionals for a demonstration to the
Building Official and other Town's staff of compliance with the health and safety
aspects of the work, the coordination and integration of the fire and life safety system,
applicable Town requirements and other enactments respecting safety, energy
conservation, GHG emission and accessibility aspects of the work; and
c) engage the coordinating registered professional or Certified Professional, at least
48 hours prior to the pre-occupancy coordinated site review, to deliver to the Building
Official the Confirmation of Required Documentation in a form prescribed by the
Building Official, complete with all documentation in hard copies and in digital format,
and the record drawings in digital format.
14.10 Prior to scheduling one of the following inspections of a standard building, the owner
shall submit to the Building Official the following documents, as applicable, for review by
the Building Official pursuant to the inspection:
a)
Forms/Foundation:
i.
Building Location Certificate provided by a British Columbia Land Surveyor
with elevation for top of concrete for Flood Construction Level (FCL)
calculation;
ii.
Geotechnical Engineer's field review for soil bearing;
iii.
Structural Engineer's field review for footings;
iv.
Structural Engineer's field review for foundation walls.
b)
Prior to backfilling:
i
Geotechnical Engineer's field review for rock pit;
ii
Geotechnical Engineer's field review for site drainage.
c)
Framing/Sheathing:
i
Structural Engineer's field reviews;
ii
Sealed joist and beam layout;
iii
Sealed roof truss layout and sealed truss specifications;
iv
Fire Suppression Engineer's field review;
v
Gas and electrical rough-in certificates;
vi
Field reviews and Schedule S by engineer for i-joist and roof truss where
required.
d)
Final Inspection:
i
Coordinating Registered Professional Schedule C-A;
ii
All registered professional's Schedule C-B;
iii
Third-party field report with Schedule B and Schedule C-B for unvented roof
spaces;
iv
Spray foam certification;
v
Sealed drawings with Schedule B and Schedule C-B for manufactured guards;
vi
Third-party verification report for energy modelling;
vii Mechanical ventilation checklist for all dwellings;
viii Decking membrane certification;
ix
Copy of electrical and gas permits and notice of completion from Technical
Safety BC;
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x
Field reviews and assurance statement for retaining walls
xi
A drawing showing the location of sewer and water services from the Town
service connection to the point of entry at the building, triangulated against
landmarks or permanent structures; and
e) any other documents as required by the Building Official.
Re-Inspection and Other Fees
14.11 In addition to the fees required under other provisions of this Bylaw, the owner must pay
the non-refundable fee set out in the Fee and charges Bylaw for:
a) a third 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 two site visits are required for any required
inspection;
b) inspection required under this Bylaw which cannot be carried out during the Town's
normal business hours; and
c) any other inspections or services not specifically covered under this Bylaw.
PART 15:
PARTIAL CONSTRUCTION
15.1
If a site has been only excavated under a building permit for excavation issued under
this Bylaw, and a building permit is not subsequently issued for the next phase, or a
building permit has expired under section 11.46 and without the construction of a
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 Town to do so.
15.2
If a building permit has expired and partial construction has progressed, with no
extension requested of the Building Official under section 11.47, permanent type
fencing with privacy screen complying with the Town's Zoning Bylaw, must be erected
around the building site for protection to the public.
15.3
Any construction that has accepted field reviews, or if the Building Official has
accepted the work upon an inspection, is deemed to be valid up to that stage of
construction, for consideration of subsequent building permits to finish the project.
15.4
The building official may request a re-verification of installation soundness of the
completed work under Section 15.3 upon the re-start of the project under new permits.
PART 16:
SANITARY FACILITIES DURING CONSTRUCTION
16.1
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, which facilities must be
accessible and unlocked when not occupied while work is being carried out on the parcel
under this Bylaw.
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16.2
Every sanitary facility referred to in Section 16.1 that is not connected to a sanitary sewer;
or by plumbing that complies with the Building Code and this Bylaw, must:
a) be provided at all times with toilet paper, a locking door for privacy, and ventilation;
and
b) be kept in sanitary condition without leaking beyond the facility and without overflowing
within the facility.
16.3
Such facilities must be located so as not to create a nuisance to neighbouring parcels or
highways.
PART 17:
SITE GRADING AND DRAINAGE
17.1
The owner of a lot on which a building or structure is being constructed shall control the
site drainage such that other lots are not impacted and shall ensure that:
a) each lot is graded to drain into a municipal drainage system or a natural watercourse
without draining onto adjacent lots;
b) areas adjacent to buildings are graded away from the foundations to prevent flooding;
c) A lot lower than adjacent roadways is provided with storm water management facilities
to direct storm runoff to a drainage system approved by the Building Official or by
the person designated by the Director of Engineering; and
d) in the case of storm runoff not directed to a municipal drainage system, storm runoff
occurs to a natural watercourse by means of sheet flow only, and not by means of
swales or pipes or other artificial means.
PART 18:
OCCUPANCY
18.1
A Building Official may authorize the occupancy of a building or structure or part of
a building or structure by issuing a final inspection notice.
18.2
For a complex building, a Building Official will require the owner and their
coordinating registered professional to attend a pre-occupancy meeting prior to
arranging the occupancy demonstration.
18.3
A Building Official may request the owner to re-verify the cost of construction prior
to requesting the pre-occupancy meeting.
18.4
For all buildings, 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 Part 14 of this
Bylaw have both been inspected and accepted or the inspections and acceptance are
not required in accordance with this Bylaw;
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c) the owner has provided a building survey prepared by a British Columbia Land
Surveyor showing the building height, size, location and elevation determined in
accordance with the Town's land use regulations;
d) the owner has executed and delivered to the Town every agreement, instrument or
form, including landscape schedules, required by the Town in relation to the work or
the site;
e) all outstanding fees, penalties and charges are paid in full;
f) all required offsite works respecting safety have been completed; and
g) record drawings from all disciplines of the building or structure in digital format has
been received by staff, including a record drawing showing the installation of potable
water service, sanitary sewer service and storm drain service installations and
indicating backfill and bedding materials for service trench, sizes and types of material
and all fittings and references for cleanouts triangulated to substantially permanent
landmarks such as building foundations and hydro kiosks.
18.5
When a registered professional provides letters of assurance in accordance with this
Bylaw, the Town will rely solely on the letters of assurance when issuing a final
inspection notice 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.
18.6
A Building Official may issue a final inspection notice for 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 energy conservation; and
b) the requirements set out in section 18.4 have been met.
18.7
A Building Official may issue an approval for a building shell upon completion of the
construction on condition that a person shall not occupy the building or portions of the
building until:
a) a subsequent building permit has been obtained; and
b) a separate final inspection notice has been issued for the occupancy of the
finished space.
18.8 A Building Official may issue an approval for the occupancy of a residential complex
building where the interior finishing of some units is not completed, subject to:
a) the scope of the partial occupancy is clearly presented in the final inspection
notice;
b) the building meets requirements set out in Section 18.4;
c) subsequent building permits are obtained for the unfinished units; and
d) the unfinished units are less than 10% of the total number of units in the building.
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18.9
Without limiting requirements in this Part, an occupancy permit is not issued in full
unless:
a) the finished grade complies with all applicable enactments;
b) all landscaping and paving work are completed and accepted; and
c) all floor areas have been issued their final inspection notices.
18.10 The owner will not obtain any refunds of securities or deposits until an occupancy permit
is issued.
PART 19:
TEMPORARY BUILDING
19.1
Subject to the bylaws of the Town and orders of Council, a Building Official may issue a
building permit for the erection or placement of a temporary building for occupancy if:
a) the permit is for a period as specified on the permit; and
b) the temporary building is located in compliance with the Town's Zoning Bylaw, built
in compliance with the Building Code and this Bylaw, and connected, as required by
enactments, to Town utility services.
19.2
An application for a building permit for the erection or placement of a temporary building
must include, in addition to plans and documents required in other Parts of this Bylaw:
a) a statement by the owner indicating the intended use and duration of the use;
b) plans and supporting documents showing the proposed parking and loading space, if
required;
c) a written description of the project explaining why the building is temporary;
d) a copy of an issued development permit, if required;
e) 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;
f) security in the form of cash or a letter of credit for 100% of the value of the removal of
temporary building, which security:
i. may be used by the Town to remove the building after the expiry of the permit for
the temporary building; or
ii. must be returned to the owner if the owner removes the temporary building upon
expiry of the permit for the temporary building.
19.3
Before receiving a permit for a temporary building for occupancy, the owner must pay
to the Town the applicable fees and charges set out in Fees & Charges Bylaw.
19.4
A permit fee for a temporary building is not refundable.
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PART 20:
RETAINING WALLS
20.1 A professional engineer with expertise in geotechnical engineering shall provide the
design and supervise the construction of a retaining wall that requires a permit under
Section 6.1, meeting good engineering practice and applicable design guidelines, and
submit sealed copies of the design plan and field review reports to a Building Official
prior to acceptance of the work.
20.2
Upon completion of the work, the engineer must provide an assurance statement
indicating the retaining wall has been constructed in compliance with the design.
PART 21:
BUILDING RELOCATION
21.1
No person may relocate a building or structure into or within the Town:
a) except where certified by a professional engineer that the building or structure,
specifically its foundation and snow load, will comply with the current Building Code;
b) a building permit has been issued for the building or structure previously by the
Town; and
c) the building or structure complies with the Zoning Bylaw and other applicable
bylaws and enactments.
21.2
The owner shall provide security in the form of cash or a letter of credit in the amount as
specified within Fees and Charges Bylaw to guarantee the completion of the work without
damages to public works when moving a building to/or from the Town.
21.3
The building shall comply in all aspects with the requirements of this Bylaw, including the
Building Code and Plumbing Code.
21.4
If the building to be moved is a dwelling, the assessed value thereof shall not be less
than 1¼ times the average assessed value of the closest ten (10) dwellings to the
property to which it is to be moved.
PART 22:
NUMBERING OF BUILDINGS
22.1. The Town's Chief Administrative Officer or delegate may renumber or alter the assigned
numbers in respect of any building on any parcel, including those already in existence or
numbered.
22.2
Without limiting sections 22.1, the Building Official may, on the issuance of a building
permit, provide a house number or set of house numbers related to the building
authorized by the permit.
22.3
Without limiting sections 22.1 through 22.2, on issuance of an approval to occupy, 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.
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PART 23:
POOLS
Swimming Pool Permit and Fencing
23.1
Without limiting section 6.1 of this Bylaw, a person must not construct, or structurally
repair, a pool without a valid permit.
23.2
A 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 1.5 metres and no openings greater than 100 mm at their greatest dimension, or
have a lockable lid conforming to Section 23.4.
Pool Gate
23.3
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
23.4
In lieu of a fence, a spa or hot tub may be covered with a locking cover, which would
prevent unauthorized access to the water.
Maintenance
23.5
A person may not use or occupy a 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 23.2 to 23.4 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
23.6
A person may not obtain a permit for or use or occupy a pool without first providing 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, or if the pool is over .6m deep in excavation, a registered
professional to ensure the excavation is safe from collapse of soil.
PART 24:
BUILDING OFFICIAL'S NOTICES
24.1
A 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 notice 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 Town or the applicable
provisions of the Homeowner Protection Act.
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24.2
The coordinating registered professional may request, in writing, that the Building
Official order the immediate suspension or correction of all or a portion of the
construction on a complex building by attaching a Stop Work 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.
24.3
The owner must immediately, after the posting of a notice under section 24.1, 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 Town.
24.4
An owner may not carry out any work other than the required remedial measures on the
affected by the notice referred to in section 24.1 until the Stop Work notice has been
rescinded by the Building Official.
24.5
The Stop Work notice referred to in Section 24.1 must remain posted on the premises
until that which is contrary to the enactments has been remedied.
24.6
If a person occupies a building, structure, or part of a building or structure, prior to the
issuance of a final inspection notice or occupancy permit authorizing the occupancy,
a Building Official may post a Do Not Occupy notice on the affected part of the building
or structure.
24.7
If a Building Official deems a building or structure to be structurally unsafe, and may
endanger the safety of its occupants or surrounding occupants, a Building Official may
post an Unsafe to Occupy notice on the building or structure, and may order the owner
to take steps necessary to secure the site. The owner shall reimburse the Town any
professional fees that may be incurred for the verification of structural safety.
24.8
The owner of a property on which a Do Not Occupy notice or an Unsafe to Occupy
notice has been posted, and every other person, shall cease occupancy of the building
or structure immediately and shall refrain from further occupancy until all applicable
provisions of this Bylaw, the Building Code and any other applicable bylaw have been
substantially complied with, and the Do Not Occupy notice or Unsafe to Occupy notice
has been rescinded in writing by a Building Official.
24.9
Where the owner has been issued a Work Without Permit notice, the owner shall make
a building permit application within seven (7) days of the notice being posted and shall
pay the additional penalty in accordance with this Bylaw.
24.10 A Building Official may order removal of unpermitted work where there is a Work
Without Permit notice issued if:
a) the owner fails to make a building permit application under Part 11; or
b) If the work constructed does not meet the requirements of this Bylaw, the Building
Code, or any other applicable bylaws.
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PART 25:
OFFENCES
25.1
Without limiting other parts 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
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.
25.2
Every person who fails to comply with any administrative requirement issued by a Building
Official, or who allows a violation of this Bylaw to continue, contravenes this Bylaw.
Penalties for Violations
25.3
A person will be charged a penalty as per the Fees and Charges Bylaw for every permit
application if construction commenced before the Building Official issued a permit.
25.4
If a Stop Work notice is issued and the owner or constructor violates the Stop Work
notice, the owner or constructor must pay an additional charge as outlined in the Fees
& Charges Bylaw.
Deemed Offence
25.5
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.
25.6
No person is deemed liable under Section 25.5 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before they
became the owner of the parcel.
25.7
Nothing in section 25.5 affects:
a) the Town's right to require and the owner's obligation to obtain a permit, including for
work that was done without the benefit of a permit; and
b) the obligation of the owner to make safe any construction and to comply with this
Bylaw.
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Ticketing
25.8
The offences in the Municipal Ticket Information (MTI) Bylaw No. 643, 2007, and as
amended from time to time, are enforceable under this Bylaw.
Severability
25.9
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.
Permits under Former Bylaw
25.10 Subject to the provisions of the former bylaw, a permit issued pursuant to the former
bylaw, remains valid and work authorized under the permit may be carried out in
accordance with the terms of the permit, the Building Code and this Bylaw as if the
permit had been issued under this Bylaw.
REPEAL
25.11 Building Bylaw No. 786, as amended, is repealed.
IN FORCE
This bylaw comes into force on November 1, 2023, except:
a)
section 12.1(e), which comes into force on July 1, 2024; and
b)
section 12.1(f), which comes into force on November 1, 2024.
READ A FIRST TIME THIS 5th DAY OF SEPTEMBER, 2023.
READ A SECOND TIME THIS 5th DAY OF SEPTEMBER, 2023.
READ A THIRD TIME THIS 5th DAY OF SEPTEMBER, 2023.
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER, AND
SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 3rd DAY OF OCTOBER,
2023.
_____________________________
_____________________________
MAYOR
CORPORATE OFFICER