West Vancouver, British Columbia
· No. 5340
· adopted 2025-06-23
· summary & facts
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5737163v2
District of West Vancouver
Building Bylaw No. 5340, 2025
Effective Date: June 23, 2025
5737163v2
District of West Vancouver
Building Bylaw No. 5340, 2025
Table of Contents
Part 1
Administration ......................................................................................... 2
Part 2
Interpretation .......................................................................................... 2
Part 3
Purpose .................................................................................................. 6
Part 4
Scope and Exemptions ........................................................................... 7
Part 5
General Prohibitions ............................................................................... 8
Part 6
Powers of a Building Inspector ............................................................. 10
Part 7
Owner's Responsibilities ....................................................................... 16
Part 8
Prime Contractor's Responsibilities ...................................................... 21
Part 9
Registered Professional's Responsibilities ........................................... 21
Part 10 Certified Professional Program ............................................................. 24
Part 11 Building Permits .................................................................................... 27
Part 12 Inspections ........................................................................................... 37
Part 13 Certificates of Occupancy ..................................................................... 39
Part 14 Mechanical Permits .............................................................................. 42
Part 15 Electrical Permits .................................................................................. 44
Part 16 Demolition Permits ............................................................................... 46
Part 17 Permit Conditions ................................................................................. 48
Part 18 Security Deposits .................................................................................. 53
Part 19 Retaining Walls and Grades ................................................................. 55
Part 20 Building Moves ..................................................................................... 55
Part 21 Swimming Pools ................................................................................... 56
Part 22 Street Addressing ................................................................................. 57
Part 23 Specific Regulations ............................................................................. 57
Part 24 Secondary Suites ................................................................................. 57
Part 25 Climatic Data ........................................................................................ 58
Part 26 Energy Conservation and Greenhouse Gas Emission Reduction ........ 58
Part 27 Offences ............................................................................................... 58
Part 28 Unsafe Conditions ................................................................................ 59
Part 29 In Force ................................................................................................ 60
Building Bylaw No. 5340, 2025
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District of West Vancouver
Building Bylaw No. 5340, 2025
A bylaw for administration of the British Columbia Building Code and Regulation
of Construction in the District.
GIVEN that the District 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 the District of West Vancouver in accordance
with the Community Charter, SBC 2003, c. 26 and the Building Act, SBC
2015, c. 2; and
C.
Has employed trained Building Inspectors for the purposes of this Bylaw.
NOW THEREFORE the Council of the District of West Vancouver enacts as
follows:
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Part 1 Administration
1.1
This Bylaw may be cited as "Building Bylaw No. 5340, 2025".
Repeal
1.2
Building Bylaw No. 4400, 2004 is hereby repealed.
Severability
1.3
If a section, subsection, paragraph, subparagraph or phrase of this Bylaw
is for any reason declared invalid by a court of competent jurisdiction, the
decision will not affect the validity of the remaining portions of this Bylaw.
Part 2 Interpretation
Definitions
2.1
In this Bylaw:
"Accepted" means reviewed by the Building Inspector 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 may include
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 Prime Contractor who may be granted a Permit for work
within the limitations of his or her licence;
"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, and includes an Addition;
"Building" means any Structure used or intended for supporting or
sheltering any use or occupancy;
"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;
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"Building Inspector" means a person designated in or appointed to that
position by the District, and includes a Building Inspector, Plumbing
Inspector, Electrical Inspector, the Manager of Permits and Inspections,
Supervisor of Inspections, Supervisor/Senior Plans Examiner, Supervisor
Residential Plans Examiner, Plans Examiner, Land Technician, Bylaw
Officer, or other persons designated by Council to act in place of the
Building Inspector;
"Certificate of Occupancy" means a certificate which authorizes
occupancy of a new Building or Structure, or part of a new Building or
Structure;
"Certified Professional" means a registered professional who is listed as a
Certified Professional by the Engineers and Geoscientists of British
Columbia or Architectural Institute of British Columbia;
"Community Charter" means the Community Charter, SBC 2003, c. 26, as
amended or replaced from time to time;
"Construct" includes build, erect, install, repair, alter, add, enlarge, move,
locate, relocate, reconstruct, demolish, remove, excavate or shore;
"Construction" means erection, repair, Alteration, Addition, demolition,
move, remove, excavation and shoring;
"Construction Value" means the greater of (1) the declared value of the
work provided by the applicant and (2) the value of the work calculated by
the Manager of Permits and Inspections using accepted current costing
guides. In the event the applicant does not agree with the value
determined by the Manager of Permits and Inspections, the applicant may,
prior to payment of the fees and issuance of the Permit, retain a
professional Quantity Surveyor registered in British Columbia to provide a
written estimate of the value of the work, in which event the Manager of
Permits and Inspections will reconsider the determination of "Construction
Value" with regard to the estimate of the Quantity Surveyor;
"Electrical Equipment" and "Electrical Work" have the meanings defined in
the Safety Standards Act and Electrical Safety Regulation, B.C. Reg.
100/2004;
"Energy Step Code" means the British Columbia Energy Step Code
established under section 10.2.3 of the Building Code;
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"Fees and Charges Bylaw" means the District's Fees and Charges Bylaw
No. 5251, 2023, as amended or replaced from time to time;
"Final Inspection Approval" means written confirmation by the Building
Inspector that all required inspection have been passed and the Permit for
the work has been satisfactorily completed;
"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;
"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;
"Low Carbon Energy System" means a mechanical system providing all
thermal conditioning and all domestic hot water heating for a Building
primarily from low-carbon energy sources with the following
characteristics:
(a) system seasonal average co-efficient of performance greater than
two;
(b) modelled greenhouse gas intensity of no more than 3 kg
CO2e/m2/yr; and
(c) any natural gas fired peak demand heating equipment is
appropriately sized to augment the primary low carbon system
under peak demand conditions;
"Major Construction Project" means a Construction project having a
Construction Value exceeding $500,000;
"Manager of Permits and Inspections" means the individual exercising the
duties of the Senior Manager of Permits, Inspections and Land
Development or individual exercising the duties of the Manager of Permits
and Inspections at the time of passage of this Bylaw;
"Municipal Engineer" means the person appointed by the District of West
Vancouver as its Director of Engineering and Transportation, or their
designate;
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"Owner" means owner as defined in the Community Charter, or an Agent
duly authorized by the Owner in writing in the form established by the
Manager of Permits and Inspections;
"Part 3 Building" means a Building to which Part 3 of Building Code
applies;
"Part 9 Building" means a Building to which Part 9 of Building Code
applies;
"Permit" means permission or authorization in writing by the Building
Official to perform work regulated by this Bylaw, and includes a Building
Permit, Plumbing Permit, Drainage Permit, Sprinkler Permit, Hot Water
Heating Permit, Pool Permit, or Electrical Permit;
"Prime Contractor" means a person who contracts with an Owner or the
Owner's Agent to undertake a project and includes an Owner who
contracts with more than one person for the work;
"Professional Design" means the sealed plans and supporting documents
for design and field review bearing the date, seal or stamp, and signature
of a registered professional;
"Retaining Wall" means a Structure exceeding 1.2 metres in height that
holds or retains soil or other material behind it;
"Safety Manager" means the local safety manager responsible for the
delivery of electrical inspection services in the District as per the Safety
Standards Act and associated regulations;
"Safety Officer" means the local safety officer responsible for the delivery
of electrical inspection services in the District as per the Safety Standards
Act and associated regulations;
"Safety Standards Act" means the Safety Standards Act, SBC 2003, c. 39;
"Structure" means any Construction supported on the ground or on water
and includes: Buildings, Swimming Pools, Retaining Walls, garden walls;
"Swimming 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
metres, and includes an in-ground swimming pool, a spa, and a hot tub;
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"Temporary Building" means a Building that is placed on the ground
without a permanent Foundation and may be used as a sales office,
Construction office or a Structure in which tools are stored during
Construction of a Building or other Structure;
"Zero Carbon Step Code Level EL-3" has the same meaning as in the BC
Zero Carbon Step Code of the BC Building Code;
"Zoning Bylaw" means the District of West Vancouver's Zoning Bylaw No.
4662, 2010, as amended or replaced from time to time.
2.2
In this Bylaw, subject to section 2.1, words and phrases have the same
meaning as those specified in the Building Code.
2.3
Where written notification is required by this Bylaw, notification by email is
acceptable.
2.4
In this Bylaw, subject to section 2.1, the following words have the meaning
set out in the Community Charter: assessed value, highway, land,
occupier, parcel, public authority, service and soil.
2.5
Every reference to:
(a) the Building Code is a reference to the current edition as of the date
of acceptance of a Permit application; and
(b) a section of the Building Code is a reference to the applicable
successor section, as the Code or section may be amended or re-
enacted from time to time.
Part 3 Purpose
Purpose
3.1
Despite any other provision in this Bylaw, this Bylaw must be interpreted in
accordance with this Part.
3.2
Every Permit, Final Inspection Approval and Certificate of Occupancy
under this Bylaw is issued expressly subject to the provisions of this Part.
3.3
The purpose of this Bylaw is to regulate, prohibit and impose requirements
in regard to Construction in the District in the public interest. The purpose
of this Bylaw does not extend to:
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(a) the protection of Owners, designers or Prime Contractors from
economic loss;
(b) the assumption by the District or any Building Inspector of any
responsibility for ensuring the compliance by any Owner, his or her
representatives or any employees, Prime Contractors 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 Approval or Certificate of Occupancy is issued under this
Bylaw;
(d) providing any person a warranty or assurance that Construction
undertaken under Permits issued by the District 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 District and to land, the
surface of water, air space, Buildings or Structures in the District.
4.2
This Bylaw applies to the design, Construction or occupancy of new
Buildings or Structures, and the Alteration, reconstruction, demolition,
removal, relocation or occupancy or change of use or occupancy of
existing Buildings and Structures.
4.3
This Bylaw does not apply to:
(a) fences, except as set out in Part 19 [Retaining Walls and Grades]
of this Bylaw;
(b) an accessory Building with a floor area of less than 10 square
metres that does not create a hazard;
(c)
a trellis, arbour or landscaping; and
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(d) a Retaining Wall supporting soil that is less than 1.2 metres in
height or a sequence of Retaining Walls less than 1.2 metres in
height spaced greater than two horizontal to one vertical.
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 has not received a Final Inspection
Approval or a Certificate of Occupancy, 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 District, including relocation relative to parcel lines
created by subdivision or consolidation. Part 20 [Building Moves] applies
to Building moves.
4.6
If an Alteration is made to an existing Building, the Alteration must comply
with this Bylaw and the Building Code, and the entire Building must be
made to comply with this Bylaw and the Building Code but only to the
extent necessary to address any new infractions introduced in the
remainder of the Building as a result of the Alteration.
4.7
If a Building or Structure is altered, damaged or destroyed to the extent of
75% or more of its value above its Foundations, as determined by the
Building inspector, or where the Foundations are damaged or destroyed to
any degree, the entire Building or Structure shall be demolished.
Part 5 General Prohibitions
5.1
No person shall commence or continue any Construction, Alteration,
excavation, reconstruction, demolition, removal, relocation or change the
use or occupancy of any Building or Structure, including other work related
to Construction:
(a) except in conformity with the requirements of the Building Code and
this Bylaw; and
(b) unless a Building Inspector has issued a valid and subsisting
Permit for the work under this Bylaw.
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5.2
No person shall occupy or permit the occupancy of any Building or
Structure or part of any Building or Structure:
(a) unless a valid and subsisting Certificate of Occupancy has been
issued by a Building Inspector for the Building or Structure, or the
part of the Building or Structure;
(b) unless Final Inspection Approval has been granted for Construction
which does not require a Certificate of Occupancy; or
(c)
contrary to the terms of any Permit, Final Inspection Approval or
Certificate of Occupancy issued or any notice given by a Building
Inspector.
5.3
No person shall knowingly submit false or misleading information to a
Building Inspector in relation to any application or Construction undertaken
pursuant to this Bylaw.
5.4
Except in accordance with this Bylaw, including acceptance of revised
plans or supporting documents, no person shall alter plans and supporting
documents after they have been reviewed by a Building Inspector, or
plans and supporting documents which have been filed for reference with
the Building Inspector after a Permit has been issued.
5.5
Unless authorized in writing by a Building Inspector, no person shall
reverse, alter, deface, cover, remove or in any way tamper with any notice
or Permit posted or affixed to a Building or Structure pursuant to this
Bylaw.
5.6
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 authorized in
writing by a Building Inspector.
5.7
No person shall interfere with or obstruct the entry of a Building Inspector
or other authorized official of the District on property in the administration
of this Bylaw.
5.8
No person shall carry out Construction work on a property unless the civic
address is conspicuously posted on the front of the premises or on a sign
post so it may be easily read from an adjacent public highway.
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5.9
No person shall contravene an administrative requirement of a Building
Inspector made under Part 6 [Powers of a Building Inspector] or any other
provision of this Bylaw.
5.10 No person shall change the use, occupancy or both of a Building or
Structure or a part of a Building or Structure without first applying for and
obtaining a Building Permit, Final Inspection Approval, and/or Certificate of
Occupancy under this Bylaw, or written confirmation from the Building
Inspector that a Permit is not required.
Part 6: Powers of a Building Inspector
Administration
6.1
Words defining the authority of a Building Inspector are to be construed as
internal administrative powers and not as creating a duty.
6.2
A Building Inspector may:
(a)
administer this Bylaw, but owes no public duty to enforce or
administer this Bylaw;
(b)
keep records of applications received, Permits, notices and orders
issued, inspections and tests made, and may retain copies of all
papers and documents connected with the administration of this
Bylaw;
(c)
establish or require an Owner to establish whether a method or type
of Construction or material used in the Construction of a Building or
Structure complies with the requirements and provisions of this
Bylaw and the Building Code; and
(d)
direct that tests of materials, equipment, devices, Construction
methods, structural assemblies or Foundations be carried out, or
that sufficient evidence or proof be submitted by the Owner, at the
Owner's sole expense, where such evidence or proof is necessary
to determine whether the material, equipment, device, Construction
or Foundation condition complies with this Bylaw and the Building
Code.
Powers
6.3
A Building Inspector may by notice in writing require:
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(a) a person who contravenes any provision of this Bylaw to comply
with that provision within the time ordered;
(b) an Owner or Prime Contractor to stop work on a Building or
Structure, or any part of a Building or Structure, if the work is
proceeding in contravention of this Bylaw, the Building Code, or any
other enactment of the District or other applicable enactments, or if
there is deemed to be an unsafe condition, and may enter on
property to affix or post a Stop Work Order;
(c)
an Owner to remove or prevent any unauthorized encroachment on
public property, a statutory right of way or easement, or a setback
or yard required under an enactment;
(d) an Owner to remove any Building or Structure, or any part of a
Building or Structure, constructed in contravention of a provision of
this Bylaw;
(e) an Owner to have work inspected by a Building Inspector prior to
covering;
(f)
an Owner to uncover any work that has been covered without
inspection contrary to this Bylaw or an order issued by a Building
Inspector;
(g) an Owner to submit a complete application for a Permit for work
that does or may require a Permit under this Bylaw and has been
commenced or completed without a Permit;
(h) a person to cease any occupancy in contravention of a provision of
this Bylaw;
(i)
a person to cease any occupancy if any unsafe condition exists
because of work being undertaken but not complete and where the
Building Inspector has not issued an occupancy certificate for the
work;
(j)
an Owner to correct any unsafe condition; or
(k)
an Owner to correct any work that contravenes this Bylaw, the
Building Code, or any other enactment.
6.4
Every reference to "Owner" in section 6.3 includes a reference to the
Owner's Agent or Prime Contractor.
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6.5
Every person served with a notice under this Part must comply with that
notice within the time ordered, or if no time is ordered, immediately.
Establishment of Forms
6.6
The District's Manager of Permits and Inspections may from time to time
establish forms for the following purposes under this Bylaw:
(a)
an application for a Permit;
(b)
a Permit;
(c)
a Certificate of Occupancy;
(d)
a Final Inspection Approval;
(e)
a Stop Work Order notice;
(f)
a Do Not Occupy notice;
(g)
an Owner's Acknowledgement of Responsibility and Undertaking;
(h)
proof of liability insurance for registered professionals;
(i)
an authorization for an Owner's Agent;
(j)
consent for the transfer of a Permit and any Security held by the
District under such Permit;
(k)
alternative solution approval; and
(l)
other administrative matters as required for the purposes of this
Bylaw.
Issuance/Refusal of a Permit
6.7
If:
(a) all applicable conditions set out in section 11.1 have been fulfilled;
(b) an application completed in compliance with sections 11.2 and
11.3, or 11.4 and 11.5, including all required supporting
documentation, has been submitted and Accepted as complete;
(c)
the Owner has paid all applicable fees and provided the security
required under Part 18 [Security Deposits];
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(d) the Owner or his or her representative has paid all charges and met
all requirements imposed by any other statute or Bylaw;
(e) the Owner has retained a registered professional if required under
this Bylaw;
(f)
no covenant, agreement, resolution or regulation of the District
requires or authorizes the Permit to be withheld;
and the Building Inspector may issue the Permit for which the application
is made.
6.8
A Building Inspector may refuse to issue a Permit if:
(a) the proposed work will contravene the requirements of the Building
Code, the provisions of this Bylaw or any other Bylaw of the District;
(b) an Owner of the property has advised the Building Inspector in
writing that they do not consent to the proposed work;
(c)
the property referred to in the Permit application does not have
vehicular access, or does not meet requirements of other District
bylaws;
(d) the Owner or Prime Contractor has been notified of a violation of
this Bylaw in respect of the Construction of another Building or
Structure by the Owner or Prime Contractor which has not been
resolved to the satisfaction of the Building Inspector; or
(e) a contractor or subcontractor identified on the Permit application
has been notified of a violation of this Bylaw in respect of the same
type of Permit which has not been resolved to the satisfaction of the
Building Inspector.
6.9
The version of the Building Code applicable to a Permit is the version in
effect on the date when all documents, drawings, and other requirements
for a complete application have been submitted and accepted, and the
application fee has been paid in full.
6.10 The Building Inspector may issue a Permit for a portion of a Building
before the documentation for the entire Building has been Accepted,
provided sufficient information has been provided to the District to
demonstrate to the Building Inspector that the portion of the Building
Accepted for Construction substantially complies with the Building Code,
this Bylaw and other applicable enactments and the Permit fee applicable
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to that portion of the Building has been paid. Notwithstanding the issuance
of the said Permit, the requirements of this Bylaw apply to the remainder
of the Building as if a Permit for any other portion of the Building had not
been issued.
Stop Work Orders
6.11 The Building Inspector may direct the immediate suspension or correction
of all or a portion of the Construction of a Building or Structure by
attaching a Stop Work Order notice on the premises whenever it is found
that the work is not being performed in accordance with the requirements
of the Building Code, the Building Permit issued in respect of the work,
this Bylaw, any other applicable Bylaw of the District, or the applicable
provisions of the Homeowner Protection Act.
6.12 The coordinating registered professional may request, in writing, that the
Building Inspector order the immediate suspension or correction of all or a
portion of the Construction on a Building or Structure by posting a stop
work order notice on the premises. The Building Inspector must consider
such a request and, if not acted upon, must respond, in writing, to the
coordinating registered professional and give reasons.
6.13 If a registered professional's services are terminated, the Owner must
immediately stop any work that is subject to his or her design or field
review and the Building Inspector is deemed to have issued a Stop Work
Order under section 6.11.
6.14 The Owner must immediately, after the posting of a Stop Work Order
notice, secure the Construction and the lands and premises surrounding
the Construction in compliance with the safety requirements of every
statute, regulation or order of the Province or of a provincial agency and of
every applicable Bylaw of the District.
6.15 Subject to section 6.3, no person may carry out any work, other than the
required remedial measures specified by the Building Inspector, on the
property affected by the Stop Work Order notice until the Stop Work Order
has been lifted in writing by the Building Inspector.
6.16 A Stop Work Order notice must remain posted on the premises until the
matter in respect of which the Stop Work Order notice was issued has
been remedied and the Stop Work Order has been lifted in writing by the
Building Inspector.
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6.17 The Owner of a property where a Stop Work Order is posted must pay the
Stop Work Order Fee established by the Fees and Charges Bylaw, in
addition to any applicable charges for commencing work prior to the
issuance of a Permit.
6.18 Where a Stop Work Order remains outstanding for more than 30 days, a
new Stop Work Order fee shall be imposed for each 30-day period that the
Stop Work Order remains outstanding, as provided by the Fees and
Charges Bylaw.
Do Not Occupy Notices
6.19 A Building Inspector may post a Do Not Occupy Notice on the affected
part of the Building or Structure if a person occupies a Building or
Structure or part of a Building or Structure in contravention of this Bylaw or
the Building Code.
6.20 If a notice is posted under section 6.19, the Owner of a property on which
the notice was posted, and every other person, must cease occupancy of
the Building or Structure immediately and refrain from further occupancy
until all applicable provisions of the Building Code and this Bylaw have
been substantially complied with and the Do Not Occupy notice has been
rescinded in writing by a Building Inspector.
Construction Before Permit Issued
6.21 If Construction has commenced before a Building Inspector has issued a
Permit, the Permit fee payable by the applicant shall be doubled, to a
maximum of $10,000.00.
6.22 If Construction or other work which requires a Permit is commenced or
continued without a valid and subsisting Permit:
(a)
the Owner must submit a complete application for a Permit under
the applicable Part of this Bylaw, including all fees, within 30 days
of the issuance of a Stop Work Order by the Building Inspector, or
other period ordered by the Building Inspector; and
(b)
if an application for a Permit required under subsection (a) is
rejected, the Owner must remove the work done without a Permit
within the time ordered by the Building Inspector and on the terms
and conditions ordered by the Building Inspector.
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Permit Revocation
6.23 The Manager of Permits and Inspections may revoke a Permit if:
(a)
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;
(b)
all Permits required under this Bylaw have not been obtained;
(c)
the Permit was issued based on incorrect information; or
(d)
the Owner or Prime Contractor to whom the Permit was issued has
contravened this or another Bylaw of the District regarding
Construction, including by contravening a condition of the Permit, or
has contravened the Building Code.
6.24 If a Permit is revoked after Construction has begun:
(a) the Manager of Permits and Inspections may order the Owner to
obtain a demolition Permit to remove any Construction which has
taken place on the site under the previously issued Permit; and
(b) only work which is necessary and authorized by the Manager of
Permits and Inspections for the purpose of removing any hazards
or to mitigate damage arising from exposure to the elements may
be undertaken on the site, unless otherwise expressly authorized in
writing by the Manager of Permits and Inspections.
Right of Entry
6.25 Subject to section 16 of the Community Charter, a Building Inspector may
enter on property at any time to ascertain whether the requirements of this
Bylaw are being met.
Part 7: Owner's Responsibilities
Permit Requirement
7.1
Unless otherwise exempted by this Bylaw, every Owner must apply for
and obtain a Permit, prior to:
(a)
constructing, repairing or altering a Building or Structure, including a
Retaining Wall;
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(b)
moving a Building or Structure into or within the District;
(c)
Construction of Foundations for, and installation of manufactured
homes;
(d)
demolishing a Building or Structure;
(e)
constructing a masonry fireplace or installing a wood-burning
appliance or chimney;
(f)
installation or Alteration of heating and ventilation systems;
(g)
installation of plumbing systems, or Alterations and Addition to
plumbing systems including the installation of solar hot water
systems;
(h)
installation and Alteration of fire sprinkler systems;
(i)
installation and Alteration of backflow preventers in lawn sprinkler
systems;
(j)
installation and Alteration of fire alarm systems;
(k)
installation or Alteration of mechanical exhaust and fire suppression
systems for commercial cooking equipment;
(l)
installation or Alteration of spray booths or spray room equipment
and wood dust collection systems;
(m) installation or Alteration of a fuel-fired appliance;
(n)
changing the use or occupancy of a Building; or
unless the works are the subject of another valid and subsisting Building
Permit.
7.2
Every Owner must apply for and obtain a Certificate of Occupancy prior to
occupying a new Building or Structure.
Owner's Obligations
7.3
Every Owner must:
(a)
comply with the Building Code, the requirements of this Bylaw and
the conditions of a Permit, and must not omit any work required by
the Building Code, this Bylaw or the conditions of a Permit;
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(b)
ensure that all Permits, all plans and specifications and supporting
documents upon which a Permit was issued, all municipal
inspection certificates, and all professional field reviews are
available at the site of the work for inspection during working hour
by the Building Inspector, and that the Building Permits is posted
conspicuously on the site during the entire execution of the work;
and
(c)
prior to the issuance of a Building Permit, execute and submit to the
District an Owner's Undertaking in the form established by the
Manager of Permits and Inspections, where required by the Building
Inspector.
7.4
Every Owner and every Prime Contractor must carry out Construction or
have the Construction carried out in accordance with the requirements of
the Building Code, this Bylaw and other Bylaws of the District and none of
the issuance of a Permit under this Bylaw, the review of plans and
supporting documents, or inspections made by a Building Inspector or a
registered professional shall relieve the Owner, or his or her Prime
Contractor, from full and sole responsibility to perform the work in strict
accordance with this Bylaw, the Building Code and all other applicable
Codes, standards and enactments.
7.5
Every Owner must allow a Building Inspector to enter any Building or
premises at any reasonable time to administer and enforce this Bylaw.
7.6
Every Owner must ensure that all mechanical equipment, including fans,
compressors, pumps, and HVAC units, comply with all applicable noise
limitations set by District Bylaws and policies.
Construction Site Requirements
7.7
During Construction authorized by a Permit issued under this Bylaw, every
Owner shall:
(a) post signage on the property indicating the person responsible for
the project and that person's contact information;
(b) post all signage required under other Bylaws of the District;
(c)
provide sanitary toilet facilities for the disposal of human waste from
individuals who enter on the property in relation to the work referred
to in the Permit, which facilities must be accessible and unlocked
when not occupied while work is being carried out on the property
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under this Bylaw; kept locked while work is not being carried out;
and must be kept in sanitary condition without leaking beyond the
facility or overflowing within the facility and located so as not to
create a nuisance to neighbouring properties or highways;
(d) secure the Construction site so it does not pose a hazard to the
public;
(e) erect a metal fence at least 1.8 metres in height around every
excavation that is within 3 metres of a property line and maintain
the fence until the excavation has been backfilled;
(f)
prior to occupancy, submit to the Building Inspector a complete list
of all contractors and subcontractors involved in the project;
(g) retain debris, Construction materials, soil and water within the
boundaries of the property during demolition, excavation and
Construction; and
(h) observe and comply with the approved traffic management plan.
Street Occupancy and Damage to Municipal Works
7.8
Every Owner to whom a Permit is issued is responsible for the cost of
repairing any damage to municipal works or land that occurs during and
arises directly or indirectly from the work authorized by the Permit.
7.9
In addition to payment of a security deposit under Part 18 [Security
Deposits], every Owner must pay to the District, within 30 days of
receiving an invoice for same from the District, the cost to repair any
damage to public property or works located on public property arising
directly or indirectly from work for which a Permit was issued.
7.10 No person may carry on Construction, including without limitation the
storage of materials or placement of construction site offices, which
encroaches on a District highway unless such encroachments has been
approved in advance by the District's Engineering Department under a
Street Occupancy Permit.
7.11 In order to apply for a Street Occupancy Permit, a person must submit the
following at least 10 business days in advance of the proposed
encroachment:
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(a) a street occupancy request application, in the form established by
the District's Municipal Engineer;
(b) a sketch showing the area of intended street occupancy;
(c)
a Traffic Control Plan, if a lane closure is requested;
(d) a fee for the encroachments on or over the District Highway and
associated signage, as required, pursuant to the District's Fees and
Charges Bylaw; and
(e) a certificate of insurance in the amount established by the
Municipal Engineer.
Notifications to Building Inspector
7.12 Every Owner and registered professional must give written notice to a
Building Inspector, in the form required, of any change in or termination of
engagement of that registered professional, including a coordinating
registered professional, during Construction, within 24 hours of when the
change or termination occurs.
7.13 If an Owner or a registered professional terminates the engagement of the
registered professional, including a coordinating registered professional,
the Owner must cease all work under a Building Permit until the Owner
has engaged a new registered professional, including a coordinating
registered professional, and has delivered to a Building Inspector new
letters of assurance.
7.14 Without limiting section 7.12 or Part 12 [Inspections], every Owner must
give at least 48 hours' written notice to a Building Inspector in the form
required:
(a) of intent to do work that is required or ordered to be corrected
during Construction;
(b) of intent to cover work that is required under this Bylaw to be, or
has been ordered to be, inspected prior to covering; and
(c)
when work has been completed so that a final inspection can be
made.
7.15 Every Owner must give such other notice to a Building Inspector as may
be required by the Building Inspector or by a provision of this Bylaw.
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Part 8: Prime Contractor's Responsibilities
8.1
Every Prime Contractor must ensure that all Construction is done in
compliance with all requirements of the Building Code, this Bylaw and all
other applicable, Codes, standards and enactments.
8.2
Every Prime Contractor must ensure that no excavation or other work is
undertaken on public property, and that no public property is disturbed, no
Building or Structure erected thereon, and no materials stored thereon, in
whole or in part, without first having obtained approval in writing from the
appropriate authority over such public property.
8.3
For the purposes of the administration and enforcement of this Bylaw,
every Prime Contractor is responsible jointly and severally with the Owner
for all work undertaken.
Part 9: Registered Professional's Responsibilities
Professional Design and Field Review
9.1
The Owner must provide the Building Inspector with all letters of
assurance required by the Building Code and this Bylaw before:
(a) the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a Part 3
Building; or
(b) a final inspection for a Part 9 Building in circumstances where
letters of assurance have been required in accordance with the
requirements of the Building Code, in which case the Owner must
provide the District with letters of assurance in the form of
Schedules C-A or C-B, as appropriate, referred to in subsection
2.2.7, Division C, of the Building Code.
9.2
If a registered professional provides letters of assurance, they must also
provide proof of professional liability insurance to the Building Inspector in
the form and amount established by the Manager of Permits and
Inspections.
Requirement For a Registered Professional
9.3
The Owner must retain a registered professional to provide a Professional
Design and plan certification and letters of assurance in the form of
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Schedules A, B, C-A and C-B referred to in subsection 2.2.7, Division C,
of the Building Code, in respect of a Permit application:
(a)
for Foundation and excavation components of new Part 9 Buildings
and Additions greater than 55 square metres to Part 9 Buildings, in
accordance with the Building Code, except for garages, carports,
sheds and similar Structures;
(b)
for a Building that is designed with common egress systems for the
occupants and requires the use of firewalls in accordance with the
Building Code;
(c)
for Alterations to a structural component of a Part 9 Building in
circumstances where letters of assurance have been required in
accordance with the requirements of the Building Code;
(d)
for a Building in respect of which the Building Inspector 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)
for geotechnical components of all new Part 9 Buildings;
(f)
for excavations where the depth of excavation exceeds 1:1 slope to
the property line;
(g)
for Retaining Walls where the wall is in excess of 1.2 metres in
exposed height; the wall exceeds a slope of 2 horizontal to 1
vertical; or the wall is composed of two or more parallel walls
located closer than 2 horizontal to 1 vertical;
(h)
where no roof overhangs are provided, unless waived by the
Building Inspector;
(i)
in relation to the Building envelope for: a Part 3 Building; a Part 9
Building other than an Alteration or Addition involving 46 square
metres or less; a Building with more than one dwelling unit; or
where Building envelope components do not comply with the
prescriptive requirements under Part 9 of the Building Code;
(j)
for a parcel of land on which a Building or Structure is proposed, if
the Building Inspector 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
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Professional Design is in addition to a requirement under Division 8
of Part 3 of the Community Charter:
(i)
for a report certified by a professional engineer with
experience in geotechnical engineering that the parcel
may be used safely for the use intended, and
(ii)
that the plans submitted with the application comply with
the relevant provisions of the Building Code and
applicable Bylaws of the District.
(k)
For a Mechanical Permit for a fire sprinkler system, if it includes any
of the following:
(i)
new sprinkler system;
(ii)
adding, relocating, or removing 21 or more sprinkler
heads in an existing system;
(iii) flexible sprinkler pipe;
(iv) sprinkler system supply pipe changes, including valves,
mains, branch-lines, and similar;
(v)
hydraulic calculations;
(vi) occupancy changes to a higher hazard classification;
(vii) warehouse storage arrangements;
(viii) compact mobile storage arrangements;
(ix) stacked parking configurations;
(x)
alternative solution(s); or
where otherwise required by the Building Inspector.
9.4
The Building Inspector may require any registered professional carrying
out the Professional Design and field review required under section 9.3 to
provide evidence that they have experience and expertise in respect of the
Professional Design and field review of the context and scope required.
Reliance on Registered Professionals
9.5
The letters of assurance in the form of Schedules A, B, C-A and C-B as
referred to in subsection 2.2.7, Division C, of the Building Code referred to
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in sections 9.1 and 9.3 are relied upon by the District and its Building
Inspectors 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.
9.6
Letters of assurance must be 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.
9.7
For a Building Permit issued for the Construction of a Part 3 Building, the
Building Inspector 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
Inspector to provide the Owner with the notice will not diminish or
invalidate the reliance by the District or its Building Inspectors on the
registered professionals.
9.8
If a Building Permit is issued for a Construction of a Part 3 Building, the
Permit fee is reduced by 5% of the fees payable under the Fees and
Charges Bylaw, up to a maximum reduction of $500.00.
Part 10: Certified Professional Program
10.1 If an Owner elects to apply for a Building Permit under the District's
Certified Professional Program, then this Part applies to the design and
construction of the Building, in addition to the other provisions of this
Bylaw.
10.2 The Building Inspector may accept an application for a Permit for a Part 3
Building or a Temporary Building under this Part, if, in addition to receiving
an application that otherwise complies with this Bylaw, a Certified
Professional certifies in writing that:
(a) the work covered by the application complies with the Building
Code;
(b) the Permit application has been prepared in accordance with the
Certified Professional Program Manual and District of West
Vancouver Certified Professional Program Municipal Insert
(together, the "Manuals"); and
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(c)
the Certified Professional has been retained by the Owner to
perform all of the duties of a Certified Professional as set out in the
Manuals.
10.3 A Certified Professional certifying an application under this Part must
provide proof of insurance in an amount and form satisfactory to the
Manager of Permits and Inspections.
10.4 The Manager of Permits and Inspections may direct the Building Inspector
to refuse an application under this Part if the certification under section
10.1 is provided by a Certified Professional who has, in respect of any
previous application under this Part, failed to perform the duties of a
Certified Professional in accordance with the Manuals or in accordance
with this Part.
10.5 A Certified Professional must, in respect of any Building for which a Permit
is issued under this Part and in addition to any other applicable
responsibilities:
(a)
review for adequacy and acceptability, any report concerning
testing and field reviews related to the Building and maintain a
detailed record of such reports and, if requested, make these
available to the Building Inspector;
(b)
advise the Building Inspector 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;
(c)
at least once every 30 days from the date of issuance of a Permit,
submit to the Building Inspector a written progress report and any
other information as reasonably required by the Building Inspector;
and
(d)
if the Certified Professional will, at any time before the completion of
the work that is the subject of the Permit cease to be retained or
otherwise involved as the Certified Professional, promptly notify the
Building Inspector in writing of the date upon which they will cease
to be involved.
10.6 In addition to any other grounds the Building Inspector may have for
posting a Stop Work Order in respect of a Building, the Building Inspector
may post a Stop Work Order, and/or the Manager of Permits and
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Inspections may revoke a Permit issued under this Part, 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 Part 3 Building for which a Permit
application was issued under this Part;
(b)
if the Certified Professional is no longer licensed as a registered
professional in the Province of British Columbia;
(c)
if the Certified Professional fails to perform any of their duties or
obligations under this Bylaw; or
(d)
if a document required by this Bylaw is not delivered by the Certified
Professional within the time frame specified in this Bylaw.
10.7 Where a Permit is revoked pursuant to section 10.6, only work deemed
and specifically authorized by the Manager of Permits and Inspections as
necessary to remove any hazards or to mitigate damage arising from
exposure to the elements may be undertaken on the Part 3 Building
unless otherwise specifically authorized by the Building Inspector.
10.8 Work on the Building must not resume until the Building Inspector has
received written notice from a Certified Professional that the 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 Part 3 Building to completion and
including without limitation to certify compliance with the Building
Code, this Bylaw and other applicable enactments and will be in
accordance with an issued Permit.
10.9 Nothing herein contained shall in any way:
(a)
relieve the Owner, from full responsibility for ensuring that a
Certified Professional is engaged at all times during Construction of
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the Building and that the Building complies with the Building Code,
this Bylaw and other applicable enactments; or
(b)
limit the authority or discretion of the Building Inspector to review
application materials, carry out field reviews, or otherwise treat the
application or any aspect of the work covered by the application as
if it were an application made in respect of a Part 9 Building under
this Bylaw.
10.10 In respect of any Permit application made under this Part, and despite any
plan checking or field review the Building Inspector may choose to carry
out, the Building Inspector will rely on the certifications provided by the
registered professional and, as applicable, any other registered
professionals, that the work that is the subject of the application meets the
requirements of the Building Code.
Part 11: Building Permits
Requirements Before Applying for a Building Permit
11.1 Prior to issuance of a Building Permit the Owner must satisfy the following
requirements:
(a) the Owner must apply for and obtain a development permit if the
Building or Structure is in a development permit area designated by
the District of West Vancouver's Official Community Plan;
(b) the Owner must ensure that the proposed Building or Structure
complies with all Bylaws of the District, except to the extent to
which a variance of a Bylaw is authorized by a development permit,
development variance permit or order of the Board of Variance;
(c)
an approving officer must have approved the subdivision plan that,
once registered, would create the parcel on which the proposed
Building or Structure will be constructed, and the subdivision plan
must have been registered in the Land Title Office; and, the parcel
must have been assigned a civic address;
(d) the Owner must provide evidence showing that the person applying
for the Building Permit is either the Owner of the property that is the
subject of the proposed Building Permit or is the Agent of the
Owner, in which case the Agent must provide a completed Owner's
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authorization document in the form established by the Manager of
Permits and Inspection from time to time, signed by the Owner;
(e) if the property that is the subject of the Building Permit application
is not intended to be connected to the District's sewage disposal
system, the Owner must apply for and obtain approval from the
District and other applicable public authorities for an alternate
private sewage disposal system;
(f)
if the property that is the subject of the Building Permit application
is not intended to be connected to the District's waterworks system,
the Owner must apply for and obtain approval from the District and
other applicable public authorities for an alternate water supply
system;
(g) if the property that is the subject of the Building Permit application
is not intended to be connected to the District's storm water
drainage system, the Owner must apply for and obtain approval
from the District and other applicable public authorities for the
alternate storm water drainage and detention system; and
(h) if all on site and off site works and services required by a District
Bylaw or other enactment have not been completed in accordance
with the enactments, the Owner must enter into a completion
agreement with the District and deliver to the District letters of credit
or cash security for completion of the works and service.
Building Permit Applications for Part 3 Buildings
11.2 An application for a Building Permit with respect to a Part 3 Building must
include:
(a) a completed application form, in the form established by the
Manager of Permits and Inspections, signed by the Owner;
(b) the Owner's Acknowledgement of Responsibility and Undertaking
in the form established by the Manager of Permits and Inspections
and signed by the Owner;
(c)
a copy of a title search for the relevant property made within 30
days of the date of the Permit application;
(d) a Building Code Compliance Summary including the applicable
edition of the Building Code, such as, without limitation, whether the
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Building is designed under Part 3 or Part 9 of the Building Code,
major occupancy classification(s) of the Building, Building area and
Building height, number of streets the Building faces, and
accessible entrances, work areas, washrooms, firewalls and
facilities;
(e) a copy of a survey plan prepared by a British Columbia Land
Surveyor showing all improvements on the lot, topographical
information referenced to the geodetic datum, easements, rights of
ways, creeks, adjacent roads and lane allowances, waterfront
boundaries, accretions, trees, hedges and other Structures on
adjoining boulevards and rights of ways;
(f)
a site plan prepared by a registered professional showing:
(i)
the bearing and dimensions of the parcel taken from the
registered subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed
statutory rights of way, easements and setback
requirements, adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed
Buildings or Structures on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp,
pond or watercourse;
(vi)
north arrow;
(vii) if applicable, location of an approved existing or
proposed alternative private or other sewage disposal
system, water supply system or storm water drainage
system;
(viii) the location, dimensions and gradient of parking and
parking access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at Building corners and datum
determination points;
(xi)
first storey floor elevation;
(xii) location, setbacks and elevations of all Retaining Walls,
steps, stairs and decks;
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(xiii) line of upper floors;
(xiv) location and elevation of curbs, sidewalks, manholes and
service poles;
(xv) location of existing and proposed service connections;
(xvi) location and species of all trees greater than 10
centimetres in diameter;
(xvii) location of top bank and water courses;
(xviii) access routes for firefighting;
(xix) accessible paths of travel from the street to the Building;
(xx) zoning compliance summary;
(xxi) the geodetic elevation of the underside of a wood floor
system or the top of a finished concrete slab of a Building
or Structure where the District's land use regulations or
provincial flood mapping regulations establish siting
requirements related to minimum floor elevation; and
except that the Building Inspector may waive, in whole or in
part, the requirements for a site plan, if the Permit is sought for
the repair or Alteration of an existing Building, but only where
such repair or Alteration does not add additional floor area to
the Building;
(g) 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; plumbing fixtures; structural elements; and stair
dimensions;
(h) a cross-section through the Building illustrating Foundations,
drainage, ceiling heights and Construction systems;
(i)
elevations of all sides of the Building showing finish details, roof
slopes, windows, doors, the grade, the maximum Building height
line, ridge height, spatial separations and natural and finished
grade to comply with the Building Code and to illustrate that the
Building or Structure conforms with the District's Zoning Bylaw and
any applicable development permit;
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(j)
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;
(k)
a subsurface investigation report;
(l)
all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6
and 2.2.9, Division C of the Building Code;
(m) copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits,
highway access permits and Ministry of Health approvals;
(n) 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 and the coordinating registered professional;
(o) 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 Inspector or Building
Code may require to prepare the design for and conduct field
reviews of the Construction of the Building;
(p) drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (l)
of this section;
(q) illustration of any slopes on the subject parcel that exceed 30%;
and
(r)
all fees and deposits imposed under this Bylaw and the Fees and
Charges Bylaw, and all applicable fees, charges, levies or taxes
imposed under other Bylaws of the District.
11.3 In addition to the requirements of section 11.2 of this Bylaw, a Building
Inspector may require the following to be submitted with a Permit
application for the Construction of a Part 3 Building if the complexity of the
proposed Building or Structure or siting circumstances warrant:
(a)
site servicing drawings, including sufficient detail of off-site services
to indicate locations at the property line, prepared and sealed by a
registered professional, in accordance with the District's subdivision
and development servicing regulations;
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(b)
a section through the site showing grades, Buildings, Structures,
parking areas and driveways;
(c)
a traffic management plan;
(d)
a storm water management plan;
(e)
a landscape and grading plan showing details of any work proposed
on District right of ways or lands or on the adjoining boulevard;
(f)
a site disclosure statement when required under the Environmental
Management Act, SBC 2003, c. 53; and
(g)
any other information required by a Building Inspector to confirm
that the work is in accordance with this Bylaw, other District Bylaws
and Provincial enactments.
Building Permit Applications for Part 9 Buildings
11.4 An application for a Building Permit with respect to a Part 9 Building must
include:
(a) a completed application form, in the form established by the
Manager of Permits and Inspections, signed by the Owner;
(b) the Owner's Acknowledgement of Responsibility and Undertaking
in the form established by the Manager of Permits and Inspections
and signed by the Owner;
(c)
a copy of a title search for the relevant property, made within 30
days of the date of the Permit application;
(d) a copy of a survey plan prepared by a British Columbia Land
Surveyor except that the Building Inspector may waive the
requirement for a survey plan, in whole or in part, where conditions
warrant;
(e) a site plan showing each of the items listed in section 11.2(f)(i)
through (xxi), except that for a Part 9 Building the Building Inspector
may waive, in whole or in part, the requirements for a site plan, if
the Permit is sought for the repair or Alteration of an existing
Building or if a requirement is otherwise inapplicable to a given
project;
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(f)
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; plumbing fixtures; structural elements; and stair
dimensions;
(g) a cross-section through the Building illustrating Foundations,
drainage, ceiling heights and Construction systems;
(h) elevations of all sides of the Building showing finish details, roof
slopes, windows, doors, the grade, the maximum Building height
line, ridge height, spatial separations and natural and finished
grade to comply with the Building Code and to illustrate that the
Building or Structure conforms with the District's Zoning Bylaw and
any applicable development permit;
(i)
cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the Building or Structure
substantially conforms to the Building Code;
(j)
copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits,
highway access permits and Ministry of Health approvals;
(k)
except for garages, carports, sheds and similar Structures located
on land, a Foundation and excavation design prepared by a
registered professional in accordance with the Building Code;
(l)
geotechnical letters of assurance, in addition to a required
geotechnical report, if the Building Inspector determines that the
site conditions so warrant;
(m) drawings at a suitable scale of design including the information set
out in (f) to (i) of this section;
(n) a Building Code compliance summary including the applicable
edition of the Building Code, such as, without limitation, whether the
Building is designed under Part 3 or Part 9 and compliance with
article 2.2.2.1(2), Division C of the Building Code; and
(o) all fees and deposits imposed under the Fees and Charges Bylaw
and all applicable fees imposed under other Bylaws of the District.
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11.5 In addition to the requirements of section 11.4 of this Part, if a project
involves:
(a)
two or more Buildings, the gross floor areas of which in the
aggregate total more than 1000 square metres;
(b)
two or more Buildings that will contain four or more dwelling units;
or
(c)
otherwise if the complexity of the proposed Building or Structure or
siting circumstances warrant;
a Building Inspector may require the following be submitted with a Permit
application for the Construction of each Part 9 Building in the project:
(f)
structural, electrical, plumbing, mechanical or fire suppression
drawings prepared and sealed by a registered professional;
(g)
additional letters of assurance in the form of Schedule A or
Schedule B referred to in Division C of the Building Code, signed by
a registered professional; and
(h)
any other information required by the Building Inspector or the
Building Code to establish substantial compliance with this Bylaw,
the Building Code and other Bylaws and enactments relating to the
Building or Structure.
Site and Location Information
11.6 Without limiting sections 11.2 or 11.4 of this Part, the Building Inspector
may in writing require an Owner to submit an up-to-date plan or survey
prepared by a registered British Columbia Land Surveyor which contains
sufficient information respecting the site and location of any Building to:
(a) establish, before Construction begins, that all the provisions of this
Bylaw in relation to this information will be complied with;
(b) verify, on completion of the Construction, that all provisions of this
and other applicable 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's property lines or its relationship to neighbouring
grades;
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(d) in relation to Construction of a new Building, or Addition to an
existing Building, prior to and after the placement of concrete for
Foundations and footings, show the elevation at proposed top of
concrete on all Building elevations and at all significant changes of
elevation to substantiate its size, location and elevation; and
every person who is issued a written requirement under this section
must comply with the requirement.
Alternative Solutions
11.7 An Owner who wishes to provide alternative solutions to satisfy one or
more of the requirements of the Building Code must submit sufficient
evidence, certified by a professional engineer or architect, to demonstrate
to the satisfaction of the Manager of Permits and Inspections that the
proposed alternative solutions will provide the level of performance
required by the Building Code or this Bylaw and pay the fee specified in
Fees and Charges Bylaw.
11.8 If, after reviewing the evidence provided in support of a proposed
alternative solution, the Building Inspector is satisfied that the alternative
will provide the requisite level of performance, the Building Inspector may
issue written approval of the alternative solution.
Design Modification
11.9 If an issued Building Permit or other Permit is active and the Owner
proposes modification to the Building design whereby the value of the
work does not increase or the value of the work decreases, the Owner
must pay to the District a Building Permit fee based on the plan review
hourly rate set out in the Fees and Charges Bylaw.
Compliance with Homeowner Protection Act
11.10 If an application is in respect of a Building that includes, or will include, a
residential occupancy governed by the Homeowner Protection Act, a
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 Prime Contractor is a licensed "residential builder" as defined in
that Act.
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11.11 Section 11.10 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.
11.12 Every Permit is issued subject to the Owner and Prime Contractor
maintaining compliance with the Homeowner Protection Act and
negotiations under it during the term of the Permit.
Temporary Buildings
11.13 Subject to the Bylaws of the District and orders of Council, the Building
Inspector may issue a Permit for the erection or placement of a Temporary
Building or Structure if:
(a) the Permit is for a period not exceeding 9 months; and
(b) the Building or Structure is located in compliance with the Zoning
Bylaw, built in compliance with the Building Code and this Bylaw,
and connected, as required by enactments, to District utility
services.
11.14 An application for a Permit for the erection or placement of a Temporary
Building or Structure must include:
(a) plans and supporting documents showing the location and height of
the Building or Structure on the parcel;
(b) plans and supporting documents showing Construction details of
the Building or Structure;
(c) a statement by the Owner indicating the intended use and duration
of the use;
(d) plans and supporting documents showing the proposed parking and
loading space;
(e) a written description of the project explaining why the Building is
temporary;
(f)
a copy of an issued development permit, if required;
(g) security in the form of cash or a letter of credit for 10% of the value
of the Temporary Building, which security:
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(i)
may be used by the District to remove the Building after
one year of the date of the final inspection required under
this Bylaw; or
(ii)
must be returned to the Owner if the Owner removes the
Temporary Building within one year of the date of the
final inspection of the Temporary Building required under
this Bylaw;
(h) a report or drawing by an engineer, architect or designer confirming
compliance with the Building Code, this Bylaw, the Zoning Bylaw
and other applicable Bylaws; and
(i)
the applicable fee set out in the Fees and Charges Bylaw.
11.15 A Permit fee for a Temporary Building or Structure is not refundable.
Part 12: Inspections
12.1 Every Owner must obtain an inspection and receive a Building Inspector's
written acceptance of the following aspects of work prior to concealing
them:
(a) Foundation and footing forms, before concrete is poured;
(b) plumbing located below the finished slab level, perimeter drain tiles,
rainwater leaders, damp proofing, hydronic heating pipes and below
slab insulation;
(c) installation of rough-in radon, rough-in plumbing, rough-in electrical
and rough-in fire sprinklers before they are covered;
(d) concrete slab preparation prior to pour;
(e) installation of Building services before being covered;
(f)
rough in of factory-built chimneys and fireplaces and solid fuel
burning appliances;
(g) framing, sheathing, fire stopping (including drywall in fire
separations), chimney and ductwork;
(h) insulation, air and vapour barriers;
(i)
on-site constructed tubs or showers and tub or shower trap tests;
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(j)
building envelope;
(k) Final inspection of all Permits issued for the Construction of the
Building or portion thereof, once complete and ready for occupancy;
and
as may otherwise be required by the Building Inspector.
12.2 A Building Inspector will only carry out an inspection under section 12.1 if
the Owner has requested the inspection at least 24 hours in advance and
otherwise in accordance with this Bylaw.
12.3 A Building Inspector may attend periodically at the site of the Construction
of Part 9 Buildings or Structures to ascertain whether the work is being
carried out in substantial conformance with the Building Code, this Bylaw
and any other applicable enactments concerning safety.
12.4 No person may conceal any aspect of the work referred to in section 12.1
of this Bylaw in respect of a Part 9 Building until a Building Inspector has
Accepted it in writing.
12.5 If work has proceeded past one or more of the stages referred to in
section 12.1 of this Bylaw without approval from the Building Inspector, the
Owner must:
(a)
remove the unapproved work and return the project to the stage
following the last approved inspection;
(b)
call for inspection;
(c)
pay all re-inspection applicable fees;
and before proceeding with any further work.
12.6 For Part 3 Buildings, the District will rely solely on field reviews undertaken
by the registered professional and the letters of assurance submitted
pursuant to this Bylaw and the Building Code as assurance that the
Construction substantially conforms to the design, plans and specifications
and that the Construction complies with the Building Code, this Bylaw and
other applicable enactments respecting safety.
12.7 Despite section 12.6 of this Part, a Building Inspector may attend the site
from time to time during the course of Construction to conduct compliance
monitoring, including whether field reviews are taking place and to monitor
the field reviews undertaken by the registered professionals.
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12.8 For work in respect of Part 3 Buildings, the Owner must:
(a)
give at least 48 hours' online or written notice to the District when
requesting a preconstruction meeting with the Building Inspector
prior to the start of Construction, and the Owner or his or her
representative must ensure that the coordinating registered
professional, the Prime Contractor, as well as representatives of
major trades, are in attendance;
(b)
give at least 48 hours' online or written notice to the District when
requesting a pre- occupancy meeting coordinated by the
coordinating registered professional or other registered professional
to have the Owner, the Prime Contractor and the registered
professionals demonstrate to the Building Inspector and Fire
Services the compliance with the Health and Safety Aspects of the
Work, the coordination and integration of the fire and life safety
system, applicable District requirements and other enactments
respecting safety and the conservation, GHG emission and
accessibility aspects of the work; and
(c)
cause the coordinating registered professional, at least 48 hours
prior to the pre- occupancy coordinated site review coordinated by
the coordinating registered professional, to deliver to the Building
Inspector the Confirmation of Required Documentation in the form
prescribed by the Building Inspector.
12.9 In addition to the fees required under other provisions of this Bylaw, the
Owner must pay the non-refundable fee set out in the Fees and Charges
Bylaw for:
(a)
a second and each subsequent re-inspection where it has been
determined by the Building Inspector that due to non-compliance
with the provisions of this Bylaw or due to non-complying work,
more than one site visit is required for any required inspection; and
(b)
inspection required under this Bylaw which cannot be carried out
during the District's normal business hours.
Part 13: Certificates of Occupancy
13.1 No person may occupy a Building or Structure or part of a Building or
Structure until a Certificate of Occupancy has been issued by a Building
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Inspector for the first occupancy of a Building or Structure or part thereof
after completion of Construction.
13.2 No person may occupy a Building or Structure or part of a Building or
Structure until a Final Inspection Approval has been issued by a Building
Inspector in circumstances where a Certificate of Occupancy is not
required.
13.3 A Certificate of Occupancy or a Final Inspection Approval will not be
issued unless:
(a) all letters of assurance and any Confirmation of Required
Documentation have been submitted when required in accordance
with this Bylaw;
(b) all aspects of the work requiring inspection and acceptance
pursuant to this Bylaw have both been inspected and Accepted;
(c)
the Owner has provided to the District an as-built Building survey
prepared by a British Columbia Land Surveyor showing the height,
size, location and elevation of the Building determined in
accordance with the District's land use regulations;
(d) the Owner has executed and delivered to the District every
agreement, instrument or form required by the District in relation to
the work or the site;
(e) all other documentation required under applicable enactments has
been delivered to the District;
(f)
all required offsite works have been completed; and
(g) the Owner has delivered to the District as-built drawings of the
Building or Structure and works and services, where deemed
necessary by the Building Inspector as a result of changes during
Construction, in a format required by the District.
13.4 When a registered professional provides letters of assurance in
accordance with this Bylaw, the District will rely solely on the letters of
assurance when issuing a Final Inspection Approval or Certificate of
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.
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13.5 A Building Inspector may issue a partial Certificate of Occupancy 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, greenhouse
gas emissions and conservation;
(b) the requirements set out in section 13.2 have been met with
respect to the portion of the Building or Structure; and
(c)
any required security deposit for the completion of outstanding
requirements has been paid.
13.6 The Owner and Prime Contractor must ensure that no unsafe condition
exists or will exist resulting from the work being undertaken or not
completed.
13.7 A partial Certificate of Occupancy is valid for a maximum of 4 months.
13.8 A Building Inspector may grant an extension to a partial Certificate of
Occupancy for a maximum period of 4 months, upon payment of the
applicable fee under the Fees and Charges Bylaw.
13.9 Where a partial Certificate of Occupancy expires without the outstanding
requirements having been completed and has not been renewed, any
security held for the completion of the requirements is forfeit to the District
and no person may occupy the building or Structure for which the partial
Certificate of Occupancy was issued until the Owner calls for a re-
inspection, obtains a new partial, provisional or final Certificate of
Occupancy, and pays all applicable fees and security deposits under this
Bylaw and the Fees and Charges Bylaw.
Provisional Occupancy
13.10 The Building Inspector may issue a provisional Certificate of Occupancy
where one or more minor items not critical to life safety remain
outstanding.
13.11 A provisional Certificate of Occupancy is valid for a maximum of 30 days.
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13.12 A Building Inspector may grant an extension to a provisional Certificate of
Occupancy for a maximum period of 30 days, upon payment of the
applicable fee under the Fees and Charges Bylaw.
13.13 Where a provisional Certificate of Occupancy expires without the
outstanding conditions having been completed and has not been renewed,
any security held for the completion of the conditions is forfeit to the
District and no person may occupy the building or Structure for which the
provisional Certificate of Occupancy was issued until the Owner calls for a
re-inspection, obtains a new provisional or final Certificate of Occupancy,
and pays all applicable fees and security deposits under this Bylaw and
the Fees and Charges Bylaw.
13.14 The Building Inspector may revoke a partial or provisional Certificate of
Occupancy for failure to comply with any conditions of the approval.
Part 14: Mechanical Permits
14.1 Mechanical Permits include Plumbing, Fire Sprinkler, Drainage and Hot
Water Heating Permits.
14.2 An application for a Mechanical Permit must include:
(a) the number and type of fixtures, heating capacity and/or the
number of fire sprinkler heads;
(b) plans for commercial or multi-family installations;
(c)
a Letter of Assurance for Part 3 Buildings unless exempted by the
Building Inspector;
(d) a Letter of Assurance for fire sprinkler installations where required
under section 9.3(k);
(e) calculations and a Certificate of Design for all hot water heating
installations. Design and installation to be in accordance with the
current Thermal Environmental Comfort Association [TECA]
standards;
(f)
all fees as required by the Fees and Charges Bylaw; and
(g) evidence of trade qualification where required by Provincial
legislation.
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14.3 Infiltration systems, including but not limited to rock pits, infiltration tanks
and trenches, for storm water management must be designed and
certified by a professional engineer. A Geotechnical Report is to be
submitted to the Building Inspector prior to issuance and shall include an
impact assessment on neighbouring properties. A Geotechnical Report,
which must include an impact assessment on neighbouring properties and
estimated infiltration rate based on in-situ testing using double ring
infiltrometer, must be submitted to the Building Inspector as part of the
application for the Permit where an infiltration system is proposed.
14.4 All utility services are to be connected to Municipal services where
available unless exempted by the Municipal Engineer.
14.5 All roof and paved areas are to drain to a storm water connection or where
unavailable to an approved storm water disposal location.
14.6 All storm drains shall discharge into the municipal storm sewer or where
unavailable to a storm water disposal location approved by the Municipal
Engineer. No person shall connect a storm drain to the municipal sanitary
sewer system.
14.7 Private sanitary sewage disposal systems must be approved by the local
health board before a Permit is issued and may only be permitted where
connection to the municipal sanitary sewer system is unavailable.
14.8 Swimming Pool drains are to be connected to the municipal sanitary
sewer system.
14.9 A plumbing Permit may be issued to an Owner for work on their own home
provided proof of competency is demonstrated.
14.10 Every person must obtain a Drainage Permit for the installation and
inspection of drain tile, Foundation dampproofing, Building sanitary and
storm sewers and on-site Building water service lines.
14.11 Without limiting section 12.1, every Owner must obtain an inspection and
receive a Building Inspector's written acceptance of the following aspects
of work under a Mechanical Permit prior to concealing them:
(a)
after the installation of Foundation drains, drain rock, rainwater
leaders, sanitary sewer lines, storm sewer lines, water lines, sumps
and storm water infiltration systems is complete, but prior to the
backfilling of Foundations;
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(b)
after all underground Plumbing Construction is complete, but prior
to the placing of any concrete or backfill;
(c)
after the installation of in slab radiant heat piping where required,
but prior to the pouring of concrete slabs or topping;
(d)
after plumbing hot water heating, and fire sprinkler rough-in, but
prior to framing;
(e)
after installation of backflow preventers in lawn sprinkler systems;
(f)
after waterpipe and fire sprinkler freeze protection, but prior to
vapour barrier/insulation inspection; and
(g)
final inspection must be performed prior to final Building inspection.
14.12 No person may:
(a)
use plumbing, sprinkler, drainage and hot water heating equipment
or systems installed without a Mechanical Permit or otherwise
contrary to the requirements of this Bylaw or the conditions of the
Mechanical Permit; or
(b)
occupy a Building or Structure, or portion thereof, where plumbing,
sprinkler, drainage and hot water heating equipment or systems
have been installed without a Mechanical Permit, or prior to a final
inspection being passed under the Mechanical Permit.
Part 15: Electrical Permits
15.1 No person may carry out Electrical Work without first obtaining an
Electrical Permit from the District.
15.2 Every application for an Electrical Permit shall include:
(a)
a completed application form in the form established by the
Manager of Permits and Inspections;
(b)
the fees established by the Fees and Charges Bylaw;
(c)
proof that the contractor holds a valid business licence in the
District, except in the case of a homeowner installation permit under
section 17 of the Electrical Safety Regulation; and
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(d)
an electrical contractor authorization and declaration of compliance
in the form established by the Building Inspector.
15.3 An Electrical Permit may only be issued to qualified persons in
accordance with the Safety Standards Act and associated regulations.
15.4 An Electrical Permit may be issued to an Owner for work on their own
home where the requirements of section 17 of the Electrical Safety
Regulation are met.
15.5 All work under an Electrical Permit must be designed and carried out in
accordance with the Canadian Electrical Code, the Safety Standards Act
and associated regulations.
15.6 The Manager of Permits and Inspections is designated as the Local Safety
Manager, and the Electrical Inspector is designated as the Local Safety
Officer, under the Safety Standards Act and associated regulations.
15.7 Without limiting section 12.1, every Owner must obtain an inspection and
receive an Electrical Inspector's written acceptance of the following
aspects of work under an Electrical Permit prior to concealing them:
(a)
after all underground electrical Construction is complete, but prior to
the placing of any concrete or backfill;
(b)
after electrical rough-in wiring but prior to framing; and
(c)
electrical final inspection must be performed prior to the final
Building inspection.
15.8 Section 15.7 does not apply where the Electrical Inspector accepts a
declaration under section 19(6) of the Electrical Safety Regulation, B.C.
Reg. 100/2004.
15.9 No person may:
(a)
use Electrical Equipment installed without an Electrical Permit or
otherwise contrary to the requirements of this Bylaw or the
conditions of the Electrical Permit; or
(b)
occupy a Building or Structure, or portion thereof, where Electrical
Equipment has been installed without an Electrical Permit, or prior
to a Final Inspection Approval being passed under the Electrical
Permit.
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Part 16: Demolition Permits
16.1 No person shall demolish a Building or Structure without having obtained
a demolition Permit.
16.2 Prior to obtaining a Permit to demolish a Building or Structure, the Owner
must:
(a) provide to the District a vacancy date;
(b) pay all applicable capping and inspection chamber installation fees
as set out in the District's Bylaws governing waterworks and sewer;
and
(c)
ensure that all municipal services and other services are capped
and terminated at the property line in a District standard inspection
chamber and valve arrangement.
16.3 Every application for a demolition Permit shall include:
(a) a completed application form, signed by all registered Owners of
the property, that contains the location, description, Construction
Value, Owner name(s), Prime Contractor name, and all contractors
for the demolition;
(b) a current title search;
(c)
a legal survey showing all improvements on the lot, topographical
information referenced to the geodetic datum, easements, rights of
ways, creeks, adjacent roads and lane allowances, waterfront
boundaries, accretions, trees, hedges and other Structures on
adjoining boulevards and rights of ways;
(d) the Demolition Permit fee specified in the Fees and Charges Bylaw;
and
(e) a scope of work signed by the Owner and the Demolition Prime
Contractor.
16.4 Every Demolition Permit is issued subject to the following conditions, that
the Owner or Prime Contractor must:
(a) immediately upon completion of demolition, backfill the site and
make the site level based on the grades indicated on topographical
survey provide by the applicant;
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(b) call for inspection upon completion of backfilling and levelling;
(c)
install erosion and sediment controls as approved by the Municipal
Engineer within a time specified by the Municipal Engineer;
(d) remove all debris from the site and lay sod or seed grass
immediately after the backfilling;
(e) ensure that all municipal services are capped and terminated at the
property line in a District standard inspection chamber and valve
arrangement;
(f)
comply with any regulations established by the District and/or the
Province regarding the removal and recycling of building
components separate from other debris; and
(g) submit a declaration, in the form prescribed by the Building
Inspector, that the demolition debris has been disposed of in
accordance with all applicable regulations.
16.5 The Building Inspector may waive one or more of the conditions set out in
sections 16.4 if a Building Permit to construct a new Building has been
issued for the same property.
16.6 Where a Stop Work Order is posted for a breach of the conditions of a
demolition Permit, and the non-compliance continues more than 24 hours
after the Owner or Prime Contractor is notified of the Stop Work Order,
then the District may, but is not obligated to:
(a) enter on to the property to which the demolition Permit relates,
through its staff, contractors, or agents;
(b) carry out any work that may be necessary to fulfil the terms of the
Demolition Permit or Stop Work Order, both on and off the subject
property, including without limitation completion of the demolition
and securing of the site;
(c)
Deduct all costs and expenses of such work, including any
applicable administration fees, from the security deposit held by the
District for the Demolition Permit and any related Building Permit.
16.7 The Building Inspector shall not issue a Demolition Permit for a property
listed on the District of West Vancouver Heritage Register until a Building
Permit and any other necessary approvals have been issued with respect
to the proposed Alteration or redevelopment of the property.
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16.8 During demolition, every Owner and Prime Contractor shall implement
dust control measures to control the emission of dust.
Part 17: Permit Conditions
Permit Conditions
17.1 A Permit is required if work regulated under this Bylaw is to be
undertaken.
17.2 Neither the issuance of a Permit under this Bylaw, nor the acceptance or
review of plans, drawings, specifications or supporting documents, nor any
inspections made by or on behalf of the District will in any way:
(a) relieve the Owner 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.
17.3 No person shall rely on any Permit as establishing compliance with this
Bylaw or assume or conclude that this Bylaw has been administered or
enforced according to its terms.
17.4 The review of plans and supporting documents and issuance of a Building
Permit do not prevent the Building Inspector from subsequently requiring
the correction of errors in the plans and supporting documents, or from
prohibiting Building Construction or occupancy being carried on when in
violation of this or another Bylaw.
17.5 Without limiting section 17.2(a), it is the full and sole responsibility of the
Owner to carry out the work in respect of which the Permit was issued in
compliance with the Building Code, this Bylaw and all other applicable
Codes, standards and enactments.
17.6 Plans and any supporting documentation submitted in support of a Permit
shall become the property of the District.
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17.7 It is a term and condition of every Permit that all Construction-related
Bylaws of the District must be complied with, including but not limited to
this Bylaw, the Blasting Bylaw, the Noise Control Bylaw, the Soil Removal
and Deposit Regulation Bylaw, and the Traffic and Parking Bylaw.
Permit and Application Expiration
17.8 An application for a Permit expires 180 days from the date the complete
application is received, if the Permit is not issued by the application
expiration date.
17.9 Every Permit other than a demolition Permit, unless otherwise set out in
the Permit, is valid for a maximum period of 18 months following the date
of issuance.
17.10 Every demolition Permit is valid for a maximum period of 6 months
following the date of issuance.
Permit Extension
17.11 A Building Inspector may authorize a 6-month extension to a Permit:
(a) in the case of a Major Construction Project, once without charge
where, in the opinion of a Building Inspector work has proceeded in
a timely manner and all other terms of this Bylaw and the Permit
have been observed; and
(b) in all other cases, upon the written request of the Owner and the
payment of the applicable fees under the Fees and Charges Bylaw.
17.12 Without limiting Part 6 [Powers of a Building Inspector], where, in the
opinion of the Building Inspector, Construction has not proceeded in a
timely manner for any reason, the Building Inspector may deny an
extension to a Permit.
Permit Transfer
17.13 Every Owner must give notice in writing to a Building Inspector
immediately upon any change in ownership of a property for which a
Permit has been issued or applied for, where such change occurs prior to
the issuance of a Final Inspection Approval or a Certificate of Occupancy.
17.14 To apply for the transfer of a Permit application, the Owner must submit:
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(a) An application transfer form and all required supporting materials;
and
(b) Any remaining fees and deposits, once the permit is approved for
issuance.
17.15 To apply for the transfer of a Permit, the new Owner must submit:
(a) a complete Building Permit transfer application in the form
established by the Manger of Permits and Inspections, including
any required supporting documents;
(b) a title search showing transfer of ownership to the applicant Owner;
(c)
written confirmation from each registered professional or Certified
Professional who has provided letters of assurance in respect of
the Permit, that such registered or Certified Professional continues
to be engaged on the project;
(d) new professional schedules and confirmation of insurance forms
from any new professionals engaged for the project, including any
documents required for the transfer of responsibility of a registered
professional or Certified Professional under this Bylaw;
(e) written confirmation from the original Owner to whom the Permit
was issued, and the designer or architect, if any, who prepared the
plans for the Permit, confirming that ownership of and right to use
the plans, including traffic management plans and stormwater
management plans, is being transferred to the applicant Owner;
(f)
any required documentation to confirm continued compliance with
the Homeowner Protection Act;
(g) replacement security and damage deposits in the amounts set by
the Fees and Charges Bylaw; and
(h) the non-refundable fee required under the Fees and Charges
Bylaw.
17.16 Upon receiving a complete application for the transfer of a Permit under
section 17.15, the Building Inspector may authorize such transfer in
writing.
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17.17 Security and damage deposits may be refunded to the previous Owner,
where applicable, only after the District has received replacement deposits
from the new Owner.
17.18 The transfer of a Permit is not an extension of the Permit.
Permit Cancellation
17.19 A Permit, or Permit application, may be cancelled by the Owner on
delivery of written notification of the cancellation to the Building Inspector.
17.20 If the Owner submits changes to an application after a Permit has been
issued and the changes, in the opinion of the Building Inspector,
substantially alter the scope of the work, design or intent of the application
in respect of which the Permit was issued, the Building Inspector may
either cancel or amend the Permit, and apply all relevant fees.
Permit Fee Refunds
17.21 Upon written request from the Owner, 50 percent of Permit fees may be
refunded where the Permit is cancelled by the Owner prior to the
commencement of work.
17.22 No refund of any fees shall be made:
(a) where work authorized under the Permit has commenced;
(b) where the Permit has expired; or
(c)
where the Permit has been extended.
Partial Construction
17.23 If a site has been excavated under a demolition Permit and a Building
Permit is not subsequently issued, or a subsisting Building Permit has
expired without the Construction of the Building or Structure for which the
Building Permit was issued having commenced, the Owner must fill in the
excavation to restore the original gradients of the site within 60 days of
being served notice by the District to do so.
17.24 If a Permit has expired after Construction has commenced, with no
extension having been applied for:
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(a) permanent type fencing with privacy screen complying with the
Zoning Bylaw must be erected around the site for the protection of
the public;
(b) no work related to the Permit may be done, and no Building or
Structure related to the Permit may be occupied, until the Owner
has applied for and received an extension to the Permit, a new
Permit to complete the outstanding work, or a demolition Permit to
remove the partial Construction; and
(c)
the Owner must pay to the District the monthly fee for an inactive
Construction site under the Fees and Charges Bylaw.
17.25 If a Permit has expired after Construction has commenced, where an
extension is refused by the Building Inspector or no extension is available
under this Bylaw, the Owner must:
(a) apply for, obtain and carry out a Demolition Permit for the removal
of the partial construction within the time ordered by the Building
Inspector; and
(b) until demolition and removal is completed:
(i)
maintain permanent type fencing with a privacy screen
complying with the Zoning Bylaw around the site for the
protection of the public;
(ii)
not occupy any Building or Structure related to the
Permit;
(iii) Not do any work on the site except as authorized under
the demolition permit; and
(iv) Continue to pay to the District the monthly fee for an
inactive Construction site under the Fees and Charges
Bylaw.
Finishing Permits
17.26 Where a Permit has expired after Construction has commenced, with no
extension having been applied for, and the Owner wishes to obtain a
permit to complete the outstanding work, they may apply for such a permit
by submitting a finishing permit application in the form established by the
Manager of Permits and Inspections, along with any required supporting
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materials, and a building permit application fee in the amount established
by the Fees and Charges Bylaw based on the value of the work remaining
to be completed.
17.27 A finishing permit will not be issued unless the Owner has paid to the
District all amounts owing in respect of inactive Construction site fees, and
has replenished or increased any security and damage deposits up to the
full amounts required by the Fees and Charges Bylaw then in effect.
17.28 A finishing permit may not include any changes to the work or Structures
approved under the original building permit.
17.29 A finishing permit is valid for a maximum period of 18 months.
Part 18: Security Deposits
18.1 Prior to the issuance of a Permit, every Owner shall deposit with the
District a security deposit in the form of cash or an irrevocable letter of
credit in a form satisfactory to the District in the amounts specified in the
Fees and Charges Bylaw.
18.2 The security deposits collected under this Bylaw and the Fees and
Charges Bylaw may be applied by the District as payment against any
costs or expenses incurred by the District, including but not limited to,
costs and expenses incurred:
(a) maintaining, restoring or replacing any public works or public lands
which are destroyed, damaged or otherwise impaired as a result of
activities related to a Permit or activities which required a Permit
under this Bylaw;
(b) clearing any debris, material, dirt, chattels, or equipment, which
have accumulated on any street, road, avenue, alley, sidewalk,
boulevard, or any path of a road allowance or any other public
place, as a result of activities related to a Permit;
(c)
backfilling the site and making the site level based on the grades
indicated on topographical survey required pursuant to this Bylaw;
(d) installing erosion and sediment controls and install sod or sow
seed;
(e) making the site safe if the Permit holder abandons the site or fails
to complete the work as designated on the Permit; and
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(f)
administrative costs, including costs of investigating expired
Building Permits and other Permits, renewing existing Building
Permits, and any costs incurred by the District related to re-
inspections, legal costs or Land Title Office registration costs for
notices filed against the title.
18.3 The security deposit may also be used by the District as follows:
(a) to serve as the security deposit for provisional occupancy, where a
Certificate of Occupancy requires a security deposit; or
(b) as a security deposit to effect compliance with any condition under
which a Permit, Final Inspection Approval or Certificate of
Occupancy was issued.
18.4 The District may apply a security deposit under section 18.2 or 18.3 after
the Municipal Engineer delivers a notice to the Owner that the requirement
must be met, and the Owner fails to meet the requirement within the time
specified in the notice.
18.5 The security deposit or applicable portion shall be returned to the Owner,
upon the Owner's request:
(a) when the Building Inspector is satisfied that no further damage to
public works or public lands will occur;
(b) when all required repairs, restoration, replacement and clean-up
have been completed;
(c)
when the inspections required by this Bylaw are complete and
acceptable to the Building Inspector; and
(d) if applicable, when the conditions or provisions of a partial or
provisional Certificate of Occupancy are completed to the
satisfaction of the Building Inspector.
18.6 Where a Permit has been transferred under Part 17 [Permit Conditions],
the security shall be returned to the Owner to whom the Permit was
transferred.
18.7 No interest shall be paid to any Owner on the security held by the District.
18.8 No security deposit shall be refunded for a Permit that expired before Final
Inspection Approval was passed or before the issuance of a Certificate of
Occupancy.
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18.9 Any amount required or expended by the District to complete corrective
work under section 18.2, in excess of the security deposit, is recoverable
by the District from the Permit holder, the Prime Contractor or the Owner.
Part 19: Retaining Walls and Grades
19.1 No person may Construct, or structurally repair, a Retaining Wall without a
Building Permit.
19.2 Except as certified by a professional engineer with expertise in
geotechnical engineering registered in the province of British Columbia, fill
material placed on a parcel, unless restrained by a permitted Retaining
Wall, must not have a surface slope exceeding a ratio of one linear unit
vertically to two linear units horizontally.
19.3 Without limiting section 19.2, no person may occupy a Building or
Structure unless the finished grade of the Property complies with all
applicable enactments.
Part 20: Building Moves
20.1 No person may move a Building or Structure into, out of or within the
District:
(a) except where certified by a registered professional that the
Building, including its Foundation, will substantially comply with the
current version of the Building Code; and
(b) a Permit has been applied for and issued for the Building or
Structure under this Bylaw.
20.2 In addition to the other requirements of Part 11 [Building Permits] of this
Bylaw, the Building Inspector may require a report from an accredited
restoration company or registered professional with experience in
environmental engineering stating that there are no environmental issues
or hazards regarding health and safety to occupants prior to issuing a
building Permit to relocate a manufactured home, mobile home or other
Building.
20.3 The Building Inspector may issue a Permit for Construction involved in the
moving of any building, Structure or part thereof into, out of, or within the
District when the Owner has, as applicable:
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(a) finalized disconnection of services;
(b) finalized any outstanding taxes owing and utility billing accounts to
the District;
(c)
approval for safe route transport in the form prescribed by the
Municipal Engineer;
(d) provided a hazardous assessment and clearance letter for the
demolition of any existing on-site Construction for buildings
constructed prior to 1990; and
(e) paid all fees and deposited all securities as required under this
Bylaw and the Fees and Charges Bylaw.
Part 21: Swimming Pools
21.1 No person may Construct or structurally repair a Swimming Pool without a
valid Pool Permit, applied for in the form established by the Manager of
Permits and Inspections.
21.2 A Swimming Pool 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 1.2 metres and no openings greater than 100
mm at their greatest dimension.
21.3 Access through a fence enclosing a Swimming Pool 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 side of the gate.
21.4 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.
21.5 A person may not use or occupy a swimming pool unless the Owner or
occupier of property on which the Swimming Pool is located maintains
every fence or cover required under this Bylaw in good working order.
21.6 An application for a Permit for a Swimming Pool must include a written
opinion of a registered professional that the design of the pool will not
cause or result in leaks or other failures of the pool.
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Part 22: Street Addressing
22.1 An Owner may apply to the Building Inspector for a civic address change,
subject to payment of the fees in the Fees and Charges Bylaw.
22.2 A Building Inspector may assign new civic addresses to new Buildings and
may renumber or alter the assigned numbers in respect of any Building on
any property, including those already in existence or numbered.
22.3 Every Owner shall post the assigned civic address in a conspicuous
location on the property, so as to be clearly visible from the adjacent
public highway. Letter size shall be a minimum of 100mm.
Part 23: Specific Regulations
Awnings
23.1 An awning or canopy projecting over public property shall:
(a) not have supports which extend into the roadway;
(b) not be permitted over a lane;
(c)
not interfere with fire escapes, traffic and municipal works and
services; and
(d) be permitted only with a letter of assurance from an engineer who
is a member of the Engineers and Geoscientists BC.
23.2 All awnings and canopies shall be properly drained.
23.3 All awnings and canopies shall be compliant with the Building Code.
23.4 No awning or canopy projecting over public property shall be permitted to
be constructed or to remain in place without an encroachment agreement
in a form satisfactory to the Municipal Engineer.
Part 24: Secondary Suites
24.1 A secondary suite to be constructed in a new or existing dwelling must
comply with the requirements of the Building Code and this Bylaw.
24.2 An existing secondary suite which has not made an application for a
Business Licence must comply with the requirements of the current edition
of the Building Code and this Bylaw.
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Part 25: Climatic Data
25.1 The climatic data for the design of buildings in the District shall be the data
provided for the District by Environment and Climate Change Canada,
which will be published on the District's official website.
Part 26: Energy Conservation and Greenhouse Gas
Emission Reduction
26.1 A Part 9 Building must be designed and constructed to meet the minimum
performance requirements specified in Step 5 of the Energy Step Code
unless that Building meets Zero Carbon Step Code Level EL-3, in which
case it must be designed and constructed to meet the minimum
performance requirements specified in Step 4 of the Energy Step Code.
26.2 A detached secondary suite, as defined in the Zoning Bylaw, must be
designed and constructed to meet the minimum performance
requirements specified in Step 5 of the Energy Step Code unless that
Building meets Zero Carbon Step Code Level EL-3, in which case it must
be designed and constructed to meet the minimum performance
requirements specified in Step 3 of the Energy Step Code.
26.3 A Part 3 Building intended for residential occupancy must be designed
and constructed to meet the minimum performance requirements specified
in Step 4 of the Energy Step Code unless that Building meets Zero
Carbon Step Code Level EL-3, in which case it must be designed and
constructed to meet the minimum performance requirements specified in
Step 2 of the Energy Step Code.
26.4 A Part 3 Building intended to be used for business and personal services
occupancy or mercantile occupancy shall be designed and constructed to
meet the minimum performance requirements specified in Step 2 of the
Energy Step Code, and must meet Zero Carbon Step Code Level EL-3.
26.5 An energy design report must be available and provided to the Building
Inspector at the rough-in framing inspection.
Part 27: Offences
Violations
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27.1 Without limiting Part 5 [General Prohibitions] 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; or
(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 $50,000.00.
Each day during which a violation, contravention or breach of this Bylaw
continues is deemed to be a separate offence.
27.2 Every person who fails to comply with any order or notice issued by a
Building Inspector, or who allows a violation of this Bylaw to continue,
contravenes this Bylaw.
Deemed Offence
27.3 An Owner is deemed to have knowledge of and be liable under this Bylaw
in respect of any Construction on the property 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 property.
27.4 No person is deemed liable under section 27.3 who establishes, on a
balance of probabilities, that the Construction or change of use or
occupancy occurred before he or she became the Owner of the property.
27.5 Nothing in section 27.4 affects:
(a) the District's right to require and the Owner's obligation to obtain a
Permit; and
(b) the obligation of the Owner to comply with this Bylaw.
Part 28: Unsafe Conditions
28.1 If the supply of electricity or natural gas has been disconnected due to a
hazardous or potentially hazardous situation existing in the Building or
Structure or part thereof, the supply of electricity or natural gas to the
Building or Structure shall not be reconnected and the Building or
Structure shall not be occupied until:
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(a) the Owner has applied to the Building Inspector for a special safety
inspection pursuant to this part and has paid the required fees;
(b) the Building, Structure or part thereof has been inspected by the
Building Inspector and, if considered necessary by the Building
Inspector, by the District Fire Chief for compliance with this Bylaw
and any other bylaws or Provincial statutes or regulations relating
to building, electrical, gas or fire safety;
(c)
the Owner has obtained all Permits required to carry out the works
necessary to bring the Building, Structure or part thereof into
compliance with the bylaws, statutes, and regulations; and
(d) all of the works referred to in subsection (c) have been completed
and the Building or Structure has been brought into compliance
with bylaws, statutes and regulations.
Part 29: In Force
29.1 This Bylaw comes into force on June 23, 2025.
READ A FIRST TIME on June 9, 2025
READ A SECOND TIME on June 9, 2025
READ A THIRD TIME on June 9, 2025
ADOPTED by the Council on June 23, 2025.
[Original signed by Mayor]
Mayor
[Original signed by Corporate Officer]
Corporate Officer