Warfield, British Columbia
· No. 629
· adopted 2003-03-12
· summary & facts
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`THE CORPORATION OF THE VILLAGE OF WARFIELD
BYLAW #629
A BYLAW TO ESTABLISH BUILDING REGULATIONS
WHEREAS section 694 (1) of the Local Government Act authorizes the Council of the Village of
Warfield, for the health, safety and protection of persons and property to regulate the
construction, alteration, repair, or demolition of buildings and structures by bylaw;
AND WHEREAS the Province of British Columbia has adopted a building code to govern
standards in respect of the construction, alteration, repair and demolition of buildings in
municipalities and regional districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the building code;
NOW THEREFORE THE COUNCIL OF THE VILLAGE OF WARFIELD, in open meeting
assembled, enacts as follows:
SHORT TITLE
1.
(1)
This bylaw may be cited for all purposes as the "Building Bylaw."
DEFINITIONS
2.
(1)
In this bylaw:
The following words and terms have the meanings set out in Section 1.1.3.2 of
the British Columbia Building Code 1998: assembly occupancy, building,
building area, building height, business and personal services occupancy,
care or detention occupancy, constructor, coordinating registered
professional, designer, field review, high hazard industrial occupancy,
industrial occupancy, low hazard industrial occupancy, major occupancy,
mercantile occupancy, medium hazard industrial occupancy, occupancy,
owner, registered professional, and residential occupancy.
Building Code means the British Columbia Building Code 1998 as adopted by
the Minister pursuant to section 692 (1) of the Local Government Act, as
amended or re-enacted from time to time.
Building Official includes Building Inspectors, Plan Checkers and Plumbing
Inspectors designated by the Council of the Village of Warfield.
Complex Building means:
(a)
all buildings use for major occupancies classified as
(i)
assembly occupancies,
(ii)
care or detention occupancies,
(iii)
high hazard industrial occupancies, and
(b)
all buildings exceeding 600 square meters in building area or exceeding
three storeys in building height used for major occupancies classified as
(i)
residential occupancies,
(ii)
business and personal services occupancies,
(iii)
mercantile occupancies,
(iv) medium and low hazard industrial occupancies.
Health and safety aspects of the work means design and construction
regulated by Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15,
9.17, 9.18, 9.20, 9.21, 9.22, 9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of the
Building Code.
Standard building means a building of three storeys or less in building height,
having a building area not exceeding 600 square meters and used for major
occupancies classified as
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies.
Page 2
Structure means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land or water, but specifically excludes landscaping,
fences, paving and retaining structures less than 1.5 meters in height.
PURPOSE OF BYLAW
3.
(1)
The bylaw, shall, notwithstanding any other provision herein, be interpreted in
accordance with this section
(2)
This bylaw has been enacted for the purpose of regulating construction within the
Village of Warfield in the general public interest. The activities undertaken by or
on behalf of the Village of Warfield pursuant to this bylaw are for the sole
purpose of providing a limited and interim spot checking function for reason of
health, safety and the protection of persons and property. It is not contemplated
nor intended, nor does the purpose of this bylaw extend:
(a)
to the protection of owners, owner/builders or constructors from economic
loss;
(b)
to the assumption by the Village of Warfield or any building official of any
responsibility for ensuring the compliance by any owner, his or her
representatives or any employees, constructors or designers retained by
him or her, with the Building Code, the requirements of this bylaw or other
applicable enactments respecting safety;
(c)
to providing any person a warranty of design or workmanship with respect
to any building or structure for which a building permit or occupancy
permit is issued under this bylaw;
(d)
to providing a warranty or assurance that construction undertaken pursuant
to building permits issued by the Village of Warfield is free from latent, or
any defects.
PERMIT CONDITIONS
4.
(1)
A permit is required whenever work regulated under this bylaw is to be
undertaken.
(2)
Neither the issuance of a permit under this bylaw nor the acceptance or review of
plans, drawings or supporting documents, nor any inspections made by or on
behalf of the Village of Warfield shall in any way relieve the owner or his or her
representatives from full and sole responsibility to perform the work in strict
accordance with this bylaw, the Building Code and or other applicable
enactments respecting safety.
(3)
It shall be the full and sole responsibility of the owner (and where the owner is
acting through a representative, the representative) to carry out the work in
respect of which the permit was issued in compliance with the Building Code
and this bylaw or other applicable enactments respecting safety.
(4)
Neither the issuance of a permit under this bylaw nor the acceptance or review of
plans, drawings or specifications or supporting documents, nor any inspections
made by or on behalf of the Village of Warfield constitute in any way a
representation, warranty, assurance or statement that the Building Code, this
bylaw or other applicable enactments respecting safety have been complied with.
(5)
No person shall rely upon any permit as establishing compliance with this bylaw
or assume or conclude that this bylaw has been administered or enforced
according to its terms. The person to whom the building permit is issued and his
or her representatives are responsible for making such determination.
SCOPE AND EXEMPTIONS
5.
(1)
This bylaw applies to the design, construction and occupancy of new buildings
and structures, and the alteration, reconstruction, demolition, removal,
relocation and occupancy of existing buildings and structures.
(2)
This bylaw does not apply to buildings or structures exempted by Part 1 of the
Building Code except as expressly provided herein, nor to retaining structures
less than 1.5 meters in height.
Page 3
PROHIBITIONS
6.
(1)
No person shall commence or continue any construction, alteration,
reconstruction, demolition, removal, relocation or change the occupancy of any
building or structure, including excavation or other work related to construction
unless a building official has issued a valid and subsisting permit for the work.
(2)
No person shall occupy or use any building or structure unless a valid and
subsisting occupancy permit has been issued by a building official for the
building or structure, or contrary to the terms of any permit issued or any notice
given by a building official.
(3)
No person shall knowingly submit false or misleading information to a building
official in relation to any permit application or construction undertaken pursuant
to this bylaw.
(4)
No person shall, 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 upon or affixed to a building or structure pursuant to this
bylaw.
(5)
No person shall 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 accepted in writing by a building
official.
(6)
No person shall obstruct the entry of a building official or other authorized
official of the Village of Warfield on property in the administration of this bylaw.
BUILDING OFFICIALS
7.
(1)
Each building official may:
(a)
administer this bylaw;
(b)
keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and shall retain copies of all documents related
to the administration of this bylaw or microfilm copies of such documents.
(c)
establish, if requested to do so, whether the methods or types of
construction and types of materials used in the construction of a building
or structure for which a permit is sought under this bylaw substantially
conform to the requirements of the Building Code.
(2)
A building official:
(a)
may enter any land, building, structure, or premises at any reasonable
time for the purpose of ascertaining that the terms of this bylaw are being
observed;
(b)
where any residence is occupied, shall obtain the consent of the occupant
or provide written notice to the occupant 24 hours in advance of entry; and
(c)
shall carry proper credentials confirming his or her status as a building
official.
(3)
A building official may order the correction of any work that is being or has
been done in contravention of this bylaw.
APPLICATIONS
8.
(1)
Every person shall apply for and obtain:
(a)
a building permit in the form prescribed by the Village before constructing,
repairing or altering a building or structure;
(b)
a moving permit in the form prescribed by the Village before moving a
building or structure;
(c)
a demolition permit in the form prescribed by the Village before demolishing
a building or structure;
(d)
a fireplace and chimney permit in the form prescribed by the Village prior to
the construction of a masonry fireplace or the installation of a wood burning
appliance or chimney unless the works are encompassed by a valid
building permit.
(2)
All plans submitted with permit applications shall bear the name and address of
the designer of the building or structure.
Page 4
(3)
Each building or structure to be constructed on a site requires a separate
building permit and shall be assessed a separate building permit fee based on
the value of that building or structure as determined in accordance with
Schedule "A" to this bylaw.
APPLICATIONS FOR COMPLEX BUILDINGS
9.
(1)
An application for a building permit with respect to a complex building shall;
(a)
be made in the form attached as Form "G" to this bylaw, signed by the
owner, or a signing officer if the owner is a corporation, and the
coordinating registered professional;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Form "I" to this bylaw, signed by
the owner, or a signing officer if the owner is a corporation;
(c)
include a copy of a title search made within 30 days of the date of the
application;
(d)
a site plan prepared by a British Columbia Land Surveyor showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of all statutory rights of way, easements
and setback requirements;
(iv) the location and dimensions of all existing and proposed buildings or
structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village of Warfield's land use regulations
establish siting requirements related to flooding;
(vi) the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the
floor system of a building or structure where the Village of Warfield's
land use regulations establish siting requirements related to minimum
floor elevation; and
(vii) the location, dimension and gradient of parking and driveway access;
(viii) the building official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or alteration
of an existing building or structure.
(e)
floor plans showing the dimensions and uses of all areas: the dimensions
and height of crawl and roof spaces; the location, size and swing of doors;
the location, size and opening of windows; floor, wall, and ceiling finishes;
plumbing fixtures; structural elements; and stair dimensions.
(f)
a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
(g)
elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, and finished grade;
(h)
cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms
to the Building Code;
(i)
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 approval;
(j)
a letter of assurance in the form of Schedule "A" as referred to in section
2.6 of Part 2 of the Building Code, signed by the owner, or a signing
officer of the owner if the owner is a corporation, and the coordinating
registered professional.
(k)
letters of assurance in the form of Schedules B-1 and B-2 as referred to in
section 2.6 of Part 2 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 or structure;
(l)
two sets of drawings at a suitable scale of the design prepared by each
registered professional and including the information set out in sections
9(1)(e) - 9(1)(h) of this bylaw;
Page 5
(2)
In addition to the requirements of section 9(1), the following may be required by a
building official to be submitted with a building permit application for the
construction of a complex building where 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 Village of Warfield subdivision
servicing bylaw.
(b)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
(c)
any other information required by the building official or the Building
Code to establish substantial compliance with this bylaw, the Building
Code and other bylaws and enactments relating to the building or
structure.
APPLICATIONS FOR STANDARD BUILDINGS
10.
(1)
An application for a building permit with respect to a standard building shall;
(a)
be made in the form attached as Form "G" to this bylaw, signed by the
owner, or a signing officer if the owner is a corporation;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Form "I" to this bylaw, signed by
the owner, or a signing officer if the owner is a corporation;
(c)
include a copy of a title search made within 30 days of the date of the
application;
(d)
a site plan prepared by a British Columbia Land Surveyor showing:
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of all statutory rights of way, easements
and setback requirements;
(iv) the location and dimensions of all existing and proposed buildings or
structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village of Warfield's land use regulations
establish siting requirements related to flooding;
(vi) the existing and finished ground levels to an established datum at or
adjacent to the site and the geodetic elevation of the underside of the
floor system of a building or structure where the Village of Warfield's
land use regulations establish siting requirements related to minimum
floor elevation; and
(vii) the location, dimension and gradient of parking and driveway access;
(viii) the building official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or alteration
of an existing building or structure.
(e)
floor plans showing the dimensions and uses of all areas: the dimensions
and height of crawl and roof spaces; the location, size and swing of doors;
the location, size and opening of windows; floor, wall, and ceiling finishes;
plumbing fixtures; structural elements; and stair dimensions.
(f)
a cross section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
(g)
elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, and finished grade;
(h)
cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms
to the Building Code;
(i)
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 approval;
(j)
a foundation design prepared by a registered professional in accordance
with section 4.2 of Part 4 of the Building Code, accompanied by letters of
assurance in the form of Schedules B-1 and B-2 as referred to in section
2.6 of Part 2 of the Building Code, signed by the registered professional;
Page 6
(k)
the requirements of section 10(1)(j) may be waived by a building official in
circumstances where the building official has required a professional
engineer's report pursuant to section 699 (2) of the Local Government Act
the building permit is issued in accordance with sections 699 (5) and (6) of
the Local Government Act;
(l)
the requirements of section 10(1)(j) may be waived by a building official if
documentation, prepared and sealed by a registered professional, is
provided assuring that the foundation design substantially complies with
section 9.4.4 of Part 9 the Building Code and the foundation excavation
substantially complies with section 9.12 of Part 9 of the Building Code;
(m) two sets of drawings at a suitable scale of the design including the
information set out in sections 10(1)(e) - 10(1)(h) and 10(1)(j) of this bylaw.
(2)
In addition to the requirements of section 10(1), the following may be required by
a building official to be submitted with a building permit application for the
construction of a standard building where the project involves two or more
buildings, which in the aggregate total more than 1000 square meters, or two or
more buildings that will contain four or more dwelling units, or otherwise where
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 Village of Warfield subdivision
servicing bylaw;
(b)
a section through the site showing grades, buildings, structures, parking
areas and driveways;
(c)
a roof plan and roof height calculations;
(d)
structural, electrical, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(e)
letters of assurance in the form of Schedules B-1 and B-2 as referred to in
section 2.6 of Part 2 of the Building Code, signed by the registered
professional;
(f)
any other information required by the building official or the Building
Code to establish substantial compliance with this bylaw, the Building
Code and other bylaws and enactments relating to the building or
structure.
PROFESSIONAL PLAN CERTIFICATION
11.
(1)
The letters of assurance in the form of Schedules B-1 and B-2 referred in section
2.6 of Part 2 of the Building Code and provided pursuant to sections 9(1)(k),
10(1)(j), 10(2)(e), and 15(1) of this bylaw are relied upon by the Village of
Warfield and its building officials as certification that the design and plans to
which the letters of assurance relate comply with the Building Code and other
applicable enactments relating to safety.
(2)
A building permit issued for the construction of a complex building, or for a
standard building for which a building official required professional design
pursuant to section 10(2)(d) and letters of assurance pursuant to section 10(2)(e)
of this bylaw shall be in the form of Form "G" to this bylaw.
(3)
A building permit issued pursuant to section 11(2) of this bylaw shall include a
notice to the owner that the building permit is issued in reliance upon the
certification of the registered professionals that the design and plans submitted
in support of the application for the building permit comply with the Building
Code and other applicable enactments relating to safety.
FEES AND CHARGES
12.
(1)
In addition to applicable fees and charges required under other bylaws, a permit
fee in the amount of twenty-five dollars ($25.00) shall be paid in full prior
issuance of any permit under this bylaw.
(2)
The owner may obtain a refund of a permit fee when a permit is surrendered and
cancelled before any construction begins. No refund shall be made where
construction has begun or an inspection has been made.
Page 7
BUILDING PERMITS
13.
(1)
When:
(a)
a completed application including all required supporting documentation
has been submitted;
(b)
the proposed work set out in the application substantially conforms with the
Building Code, this bylaw and all other applicable bylaws and enactments;
(c)
the owner or his or her representative has paid all applicable fees set out in
section 12(1) of this bylaw;
(d)
the owner or his or her representative has paid all charges and met all
requirements imposed by any other enactment or bylaw;
(e)
no enactment, covenant, agreement, or regulation in favour or, or regulation
of, Village of Warfield authorizes the permit to be withheld;
(f)
the owner has retained a professional engineer or geoscientist if required
by the provisions of the Engineers and Geoscientists Act;
(g)
the owner has retained an architect if required by the provisions of the
Architects Act;
a building official shall issue the permit for which the application is made.
(2)
When the application is in respect of a building that includes, or will include, a
residential occupancy, the building permit must not be issued unless the owner
provides evidence pursuant to 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.
(3)
Section 13(2) of this bylaw does not apply if the owner is not required to be
licensed and to obtain home warranty insurance in accordance with sections
20(1) or 30(1) of the Homeowner Protection Act.
(4)
Every permit is issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate if:
(a)
the work authorized by the permit is not commenced within 12 months from
the date of issuance of the permit; or
(b)
work is discontinued for a period of 12 months.
(5)
A building official may extend the period of time set out under sections 13(4)(a)
and 13(4)(b) where construction has not been commenced or where construction
has been discontinued due to adverse weather, strikes, material or labour
shortages, or similar hardship beyond the owner's control.
(6)
A building official may issue an excavation permit in the form prescribed by the
Village prior to the issuance of a building permit.
(7)
A building official may issue a building permit for a portion of a building or
structure before the design, plans and specifications for the entire building or
structure have been accepted, provided sufficient information has been provided
to the Village of Warfield to demonstrate to the building official that the portion
authorized to be constructed substantially complies with this and other applicable
bylaws and the permit fee applicable to that portion of the building or structure
has been paid. The issuance of the permit notwithstanding, the requirements of
this bylaw apply to the remainder of the building or structure as if the permit for
the portion of the building or structure had not been issued.
(8)
When a site has been excavated under an excavation permit issued pursuant to
section 13(6) of this bylaw and a building permit is not subsequently issued or a
subsisting building permit has expired in accordance with the requirements of
section 13(4), but without the construction of the building or structure for which
the building permit was issued having commenced, the owner shall fill in the
excavation to restore the original gradients of the site within 60 days of being
served notice by the Village of Warfield to do so.
DISCLAIMER OF WARRANTY OR REPRESENTATION
14.
(1)
Neither the issuance of a permit under this bylaw, the review and acceptance of
the design, drawings, plans or specifications, nor inspections made by a building
official, shall constitute a representation or warranty that the Building Code or
the bylaw have been complied with or the building or structure meets any
Page 8
standard of materials or workmanship, and no person shall rely on any of those
acts as establishing compliance with the Building Code or this bylaw or any
standard of construction.
PROFESSIONAL DESIGN AND FIELD REVIEW
15.
(1)
When a building official considers that the site conditions, size or complexity of
a development or an aspect of a development warrant, he or she may require a
registered professional provide design and plan certification and field review
by means of letters of assurance in the form of Schedules B-1, B-2 and C-B
referred to in section 2.6 of Part 2 of the Building Code.
(2)
Prior to the issuance of an occupancy permit for a complex building, or
standard building in circumstances where letters of assurance have been
required in accordance with sections 10(1)(j), 10(2)(e) or 15(1) of this bylaw, the
owner shall provide the Village of Warfield with letters of assurance in the form
of Schedules C-A or C-B, as is appropriate, referred to in section 2.6 of Part 2 of
the Building Code.
(3)
When a registered professional provides letters of assurance in accordance
with sections 9(1)(k), 10(1)(j), 10(2)(e), 15(1) or 15(2) of this bylaw, he or she
shall also provide proof of professional liability insurance to the building official
in the form of Form "L" to this bylaw.
RESPONSIBILITIES OF THE OWNER
16.
(1)
Every owner shall ensure that all construction complies with the Building Code,
this bylaw and other applicable enactments respecting safety.
(2)
Every owner to whom a permit is issued shall be responsible for the cost of
repair of any damage to municipal works that occurs in the course of the work
authorized by the permit.
(3)
Every owner to whom a permit is issued shall, during construction:
(a)
post and maintain the permit in a conspicuous place on the property in
respect of which the permit was issued;
(b)
keep a copy of the accepted designs, plans and specifications on the
property; and
(c)
post the civic address on the property in a location visible from any
adjoining streets.
INSPECTIONS
17.
(1)
When a registered professional provides letters of assurance in accordance
with sections 9(1)(k), 10(1)(j), 10(2)(e), 15(1) or 15(2) of this bylaw, the Village of
Warfield will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to section 15(2) of
this bylaw as assurance that the construction substantially conforms to the
design and that the construction substantially complies with the Building Code,
this bylaw and other applicable enactments respecting safety.
(2)
Notwithstanding section 17(1) of this bylaw, a building official may attend the
site from time to time during the course of construction to ascertain that the field
reviews are taking place and to monitor the field reviews undertaken by the
registered professionals.
(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 are being carried out in substantial conformance with the
those portions of the Building Code, this bylaw and any other applicable
enactment concerning safety.
(4)
The owner or his or her representative shall give at least 24 hours notice to the
Village of Warfield when requesting an inspection and shall obtain an inspection
and receive an building official's acceptance of the following aspects of the
work prior to concealing it:
(a)
installation of perimeter drain tiles and damp proofing, prior to backfilling;
(b)
the preparation of ground, including ground cover, when required, prior to
the placing of a concrete slab;
Page 9
(c)
rough in of factory built chimneys and fireplaces and solid fuel burning
appliances;
(d)
the framing and sheathing;
(e)
insulation and vapour barrier;
(f)
when the building or structure is substantially complete and ready for
occupancy, but before occupancy takes place of the whole or part of the
building or structure.
(5)
No aspect of the work referred in section 17(4) of this bylaw shall be concealed
until a building official has accepted it in writing.
(6)
The requirements of section 17(4) of this bylaw do not apply to any aspect of the
work that is the subject of a registered professional's letter of assurance
provided in accordance with sections 9(1)(k), 10(1)(j), 10(2)(e), 15(1) or 15(2) of
this bylaw.
OCCUPANCY PERMITS
18.
(1)
No person shall occupy a building or structure or part of a building or
structure until an occupancy permit has been issued in the form prescribed by
the Village.
(2)
An occupancy permit shall not been issued unless:
(a)
all letters of assurance have been submitted when required in accordance
with sections 9(1)(k), 10(1)(j), 10(2)(e), 15(1) and 15(2) of this bylaw.
(b)
all aspects of the work requiring inspection and acceptance pursuant to
section 17(4) of this bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with section
17(5) of this bylaw.
(3)
A building official may issue an occupancy permit for part of a building or
structure when the part of the building or structure is self-contained, provided
with essential services and the requirements set out in section 18(2) of this bylaw
have been met with respect to it.
RETAINING STRUCTURES
19.
(1)
A registered professional shall undertake the design and conduct field reviews
of the construction of a retaining structure greater than 1.5 meters in height.
Sealed copies of the design plan and field review reports prepared by the
registered professional for all retaining structures greater than 1.5 meters in
height shall be submitted to a building official prior to acceptance of the works.
PERMITS
20.
(1)
The Village may from time to time prescribe forms of permit applications and
forms of permits as may be required pursuant to this bylaw.
PENALTIES AND ENFORCEMENT
21.
(1)
Every person who contravenes any provision of this bylaw commits an offense
punishable on summary conviction and shall be liable to a fine of not more than
$10,000.00 (Ten Thousand Dollars) or to imprisonment for not more than six
months.
(2)
Every person who fails to comply with any order or notice issued by a building
official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
(3)
A building official may order the cessation of any work that is proceeding in
contravention of the Building Code or this bylaw by posting a Stop Work notice
in the form prescribed by the Village.
(4)
The owner of property on which a Stop Work notice has been posted, and every
other person, shall cease all construction work immediately and shall not do any
work until all applicable provisions of this bylaw have been substantially complied
with and the Stop Work notice has been rescinded in writing by a building
official.
(5)
Where a person occupies a building or structure or part of a building or
structure in contravention of section 6.4 of this bylaw a building official may
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post a Do Not Occupy notice in the form prescribed by the Village on the affected
part of the building or structure.
(6)
The owner of property on which a Do Not Occupy notice has been posted, and
every person, shall cease occupancy of the building or structure immediately
and shall refrain from further occupancy until all applicable provisions of the
Building Code and this bylaw have been substantially complied with and the Do
Not Occupy notice has been rescinded in writing by a building official.
(7)
Every person who commences work requiring a building permit without first
obtaining such a permit shall, if a Stop Work notice is issued and remains
outstanding for 30 days, pay an additional charge of twenty-five dollars ($25.00)
prior to obtaining the required building permit.
SEVERABILITY
22.
(1)
The provisions of this bylaw are severable and the invalidity of any part of this
bylaw shall not affect the validity of the remainder of this bylaw.
ENACTMENT
23.
(1)
Bylaws #519, #543, #566 and #624 hereby repealed.
(2)
This Bylaw shall come into full force and effect on the final adoption thereof.
READ A FIRST TIME
this 14th day of August, 2002
READ A SECOND TIME
this 12th day of February, 2003
READ A THIRD TIME
this 26th day of February, 2003
READ A FOURTH TIME AND FINALLY ADOPTED
this 12th day of March, 2003
_________________________
_________________________
Mayor
Village Clerk
I hereby certify the foregoing to be a true and correct copy of the Building Bylaw #629.
_________________________
Village Clerk