City of Charlottetown Building Code Bylaw (PH-BC.3)
Charlottetown, Prince Edward Island
· adopted 2020-12-17
· summary & facts
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Bylaw Name:
Building Code Bylaw (PH-BC.3)
Effective Date:
December 17, 2020
Revision No:
000
Date amended:
December 17, 2020
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
PH-BC.3
2
1. Scope
1.1. Authority
1.1.1. This bylaw is enacted under the authority of the Municipal Government Act
R.S.P.E.I 1988, Cap. M-12.1 and Section 26 of the Building Codes Act, RSPEI
1988 Chapter B5.1.
1.1.2. This bylaw maybe cited as the City of Charlottetown Building Code Bylaw
and may be referred to as the Building Code Bylaw.
1.2. Repeal
1.2.1. This Bylaw shall come into force effective the date of Council and the Minister's
approval.
1.2.2. The City of Charlottetown Building Code Bylaw (November 01, 2018) is hereby
repealed.
2. Provincial Act and Regulations and Administration
2.1. The PEI Building Code Act and Building Code Regulations
2.1.1. The PEI Building Codes Act & Regulations were adopted by the Province as
of March 31, 2020 and are hereby adopted in the Municipality except as may
otherwise or additionally be provided for herein.
2.1.2. This Bylaw utilizes the same numbering system and italicizing of definitions as
the National Building Code of Canada, 2015.
2.2. Administration and Enforcement
2.2.1. The "authority having jurisdiction" shall administer and enforce this Bylaw.
3. Definitions
3.1. Definitions contained in the Zoning & Development Bylaw and the PEI Building
Codes Act & Regulations and the National Building Code of Canada, 2015 also apply
in this Bylaw, unless the context clearly otherwise requires.
Building Permit means a building permit as required and/or obtained pursuant to the Zoning
& Development Bylaw
Council means the Mayor and Councilors of the City of Charlottetown.
Municipality means the City of Charlottetown established pursuant to the Municipal
Government Act R.S.P.E.I. 1988, Cap. M-12.1.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
PH-BC.3
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4. Responsibilities and Obligations
4.1. Permit Application(s)
4.1.1. To obtain a building permit or demolition permit, an applicant must complete
an application form which shall be provided by the Municipality.
4.1.2. All applicable drawings, documents and project details will be required at time
of submission of application.
4.2. Fees
4.2.1. Permit application fees shall be set out in the Municipality's Fees Bylaw.
4.3. Abandoned Application
4.3.1. When the necessary documentation in support of an application for a building
or demolition permit has not been provided in conformance with the
requirements of this Bylaw within six (6) months after it is filed with the
Municipality, the application shall be deemed to have been abandoned.
4.4. Plumbing and Electrical
4.4.1. The sole authority having jurisdiction respecting Plumbing and Electrical
approvals and permits is the Province of Prince Edward Island. This is not the
Municipality's responsibility.
4.5. Single Family homes exception
4.5.1. The one (1) year exception under 44. (3) of the Provincial Building Codes
Regulations does not apply within the Municipality.
4.6. Decks
4.6.1. Decks attached to buildings and /or at a height of 600mm or greater above
ground level will require frost protection and a Building Permit regardless of size.
4.6.2. Decks not attached to buildings up to 55m² (592sqft), and at a height less than
600mm to ground level do not require a Building permit, however a development
permit would be required.
4.7. Relocated Buildings
4.7.1. Where the whole or any part of a building that is relocated within the area of
jurisdiction of the authority having jurisdiction this Bylaw applies to the entire
building and to the parts of the building that are being altered or constructed.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
PH-BC.3
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4.8. Demolished Building
4.8.1. When the whole or any part of a building is demolished, this Bylaw applies to
the work involved in the demolition and to the work required to any parts
remaining after demolition to the extent that deficiencies occurring or remaining
after demolition require correction.
4.9. Damaged Building
4.10.1 When a building is damaged by fire, earthquake or other cause, this Bylaw
applies to the work necessary to reconstruct damaged portions of the building.
4.10.
Suites of Residential Units Required to be Barrier Free
4.10.1. See Schedule B.
4.11.
Withhold issuance until satisfied
4.11.1. The authority having jurisdiction may withhold the issuance of a Building
permit until satisfied that any and all applicable laws, bylaws, regulations or
requirements under the Planning Act, the Building Codes Act & Regulations
and the Municipal Government Act, including the Municipality's Zoning &
Development Bylaw, the Fire Prevention Bylaw, any lot grading plan and/or
Development Agreement, have been complied with; and, all required permits
have been issued by the Development Officer.
4.12.
Notification for Inspection and Field Review of Construction
4.12.1. The owner of a building being constructed under the scope of Part 9 of the
Code shall notify the authority having jurisdiction who may carry out
inspection(s), at the following stage(s) of construction for compliance with
the Building Code:
i. Footings and Foundation, before commencing backfilling of the laterally
supported foundation and before a superstructure is placed on the
foundation.
ii. Under slab insulation & vapour barrier, and Radon Pipe installation.
iii. Framing and Mechanical.
iv. Wall and Attic Insulation & vapour barrier before wall framing is covered,
v. Final Inspection before Occupancy.
4.13.
Schedule A documents - See attached documents.
4.13.1. The documents in Schedule A are incorporated herewith and form an integral
part of this Bylaw.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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4.13.2. The applicable documents in Schedule A shall be completed and submitted
at intervals appropriate to the stage of construction so as to satisfy the
requirements of this Building Code and the Provincial Building Codes Act
and Regulations which:
i.
requires professionals to design buildings in conformance with the
minimum standards of the National Building Code and the
National Energy Code with sufficient drawings and documents to
show how these standards have been met; and,
ii.
enables the Municipality to determine whether or not there has
been substantial compliance of construction with the design
drawings and all revisions thereto accepted by the authority
having jurisdiction.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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page 1 of 2
Schedule "A" - Letter of Undertaking
Declaration of Commitment by Owner
to the Municipal Authority Having Jurisdiction
Field Review of Construction
Preamble
Whereas the Building Code Bylaw applies to the construction or demolition of a building;
And whereas the Province has adopted the National Building Code and the National Energy Code with
amendments as the Charlottetown Building Code, requiring compliance with it as adopted for the
construction or demolition of buildings;
And whereas architects, and professional engineers are required by their respective statutes, Bylaw, and
Bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings;
And whereas The Provincial Building Code Act and Regulations requires professionals to design buildings in
conformance with the minimum standards of the National Building Code and National Energy Code with
sufficient drawings and documents to show how these standards have been met;
And whereas The Provincial Building Code Regulations, requires that these buildings shall be inspected at
intervals appropriate to the stage of construction to determine substantial compliance with the design
drawings accepted by the authority having jurisdiction and all revisions thereto;
To:
The authority having jurisdiction:
Date: _____________
City of Charlottetown - Planning & Heritage Department
70 Kent Street, Charlottetown, PE, C1A 1M9
Att:
__________________________________________ (Building Official)
Re:
__________________________________________________________
Address of project (print)
__________________________________________________________
Name of Project and Description (print)
I (the owner) submit this Letter of Undertaking to the authority having jurisdiction along with a completed
application for a building permit.
The undersigned has appointed an architect(s), professional engineer(s), or designer(s) as prime
consultant(s) to coordinate the Field Review of Construction for the below listed disciplines and I have
attached to this Letter of Undertaking
(check appropriate boxes)
Field Review of Construction Commitment Declarations completed by me or the prime
consultant appointed by me to coordinate the Field Review of Construction.
Field Review of Construction Commitment Declarations (identified below) completed by
individual designers appointed by me to perform the Field Review of Construction for the
applicable discipline(s).
Shall forward Field Review of Construction Commitment Declarations for those not yet
appointed.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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page 2 of 2
Schedule "A" - Letter of Undertaking
(Initial the disciplines that apply to this project. All disciplines will not necessarily be employed on
every project)
_____ Building Design _____ Structural _____ Mechanical _____ Electrical
_____ Geotechnical _____ Plumbing _____ Fire Suppression System
I shall notify the authority having jurisdiction if the architect, or professional engineer named in the attached
"Review of Construction Commitment "Declarations" ceases, for whatever reason, to provide the Field
Review of Construction for this building and shall appoint another architect and professional engineer
immediately so that the Field Review of Construction will continue uninterrupted. This notice and the
necessary Field Review of Construction Commitment Declaration(s) shall be forwarded to the authority
having jurisdiction as soon as practical, but not later than 3 business days.
_________________________________________
Print Name
__________________________ _________
Signature Initials Sample
________________________________________
Print Name of Firm or Company
________________________________________
Print Address
_________________________________________
Mailing Address
________________________________________
Telephone Email
(Affix below the seal of the
licensed Architect or professional
Engineer in accordance with
provincial legislation.)
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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page 1 of 2
Schedule "A-1"
Prime Consultant
Inspection Commitment Declaration
Preamble
Whereas the Building Code Bylaw applies to the construction or demolition of a building;
And whereas the Province has adopted the National Building Code and the National Energy Code with
amendments as the Charlottetown Building Code, requiring compliance with it as adopted for the
construction or demolition of buildings;
And whereas architects, and professional engineers are required by their respective statutes, Bylaw, and
Bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings;
And whereas The Provincial Building Code Regulations requires professionals to design buildings in
conformance with the minimum standards of the National Building Code and National Energy Code with
sufficient drawings and documents to show how these standards have been met;
And whereas The Provincial Building Code Regulations, requires that these buildings shall be inspected at
intervals appropriate to the stage of construction to determine substantial compliance with the design
drawings accepted by the authority having jurisdiction and all revisions thereto;
To:
The authority having jurisdiction:
Date: _____________
City of Charlottetown - Planning & Heritage Department
70 Kent Street, Charlottetown, PE, C1A 1M9
Att:
__________________________________________ (Building Official)
Re:
___________________________________________________________
Address of project (print)
___________________________________________________________
Name of Project and Description (print)
This is to advise that I am the architect or professional engineer appointed by the owner as prime
consultant to coordinate the Field Review of Construction for the following disciplines.
I hereby declare as the Prime Consultant for this project that I will coordinate the Field Review of
Construction for the following disciplines which I have initialed.
_____ Building Design _____ Structural _____ Mechanical _____ Electrical
_____ Geotechnical _____ Plumbing _____ Fire Suppression System
I attach, for your review the Field Review of Construction Inspection Commitment Declarations for each
above marked and initialed discipline completed by an appropriate professional for each discipline or shall
forward the Field Review of Commitment Declaration for those not yet appointed.
I, and professionals who have completed the various Field Review of Construction Inspection Commitment
Declarations will perform the Field Review of Construction.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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page 2 of 2
Schedule "A-1"
I also declare that
1) I will coordinate the review of shop drawings;
2) I will coordinate the review of changes to the design documents; and
3) When satisfied that the work substantially complies with the design drawings I will complete or
have completed by the appropriate professional the Declaration of Field Review of Construction
and return it to the authority having jurisdiction prior to requesting the occupancy permit.
Please be advised that I may delegate some or all of my duties associated with the coordination of the Field
Review of Construction to another person employed by me or my firm where it is consistent with prudent
professional practice to do so. The functions will however be performed under my supervision in accordance
with the Engineering Profession Act, or the Architects Act.
The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not later than
3 business days if the contract for Field Review of Construction is terminated at any time during construction.
_________________________________________
Print Name
__________________________ _________
Signature Initials Sample
________________________________________
Print Name of Firm or Company
________________________________________
Print Address
_________________________________________
Mailing Address
________________________________________
Telephone Email
(Affix below the seal of the
licensed Architect or professional
Engineer in accordance with
provincial legislation.)
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
PH-BC.3
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Schedule "A-2" - Field Review of Construction
Inspection Commitment Declaration
Preamble
Whereas the Building Code Bylaw applies to the construction or demolition of a building;
And whereas the Province has adopted the National Building Code and the National Energy Code with
amendments as the Charlottetown Building Code, requiring compliance with it as adopted for the
construction or demolition of buildings;
And whereas architects, and professional engineers are required by their respective statutes, Bylaw, and
Bylaws, to ensure the general public of competent standards and ethical conduct in the design of buildings;
And whereas the Provincial Building Code Regulations requires professionals to design buildings in
conformance with the minimum standards of the National Building Code and National Energy Code with
sufficient drawings and documents to show how these standards have been met;
And whereas the Provincial Building Code Regulations, requires that these buildings shall be inspected at
intervals appropriate to the stage of construction to determine substantial compliance with the design
drawings accepted by the authority having jurisdiction and all revisions thereto;
To:
The authority having jurisdiction:
Date: ________________
City of Charlottetown - Planning & Heritage Department
70 Kent Street, Charlottetown, PE, C1A 1M9
Att:
__________________________________________ (Building Official)
Re:
__________________________________________________________
Address of project (print)
___________________________________________________________
Name of Project and Description (print)
This is to advise that I am the Architect or professional Engineer appointed by the owner or
prime consultant to perform the Field Review of Construction. I hereby declare for the Design
Requirements for:
_____ Building Design _____ Structural
_____ Mechanical _____ Electrical
_____ Geotechnical
_____ Plumbing
_____ Fire Suppression System
1) I will review the shop drawings to determine general compliance with the design documents, however,
the party producing the shop drawings remains responsible for the design expressed therein;
2) I will coordinate the review of changes to the design drawings to determine that the changes conform to
the Code; and
3) When satisfied that the work substantially complies with the design drawings, I will complete the
Declaration of Field Review of Construction and return it to the authority having jurisdiction prior to
requesting the occupancy permit.
Please be advised that I may delegate some or all of my duties associated with the Field Review of
Construction to another person employed by me or my firm where it is consistent with prudent professional
practice to do so. The functions will however be performed under my supervision in accordance with the
Engineering Profession Act.
The undersigned shall notify the authority having jurisdiction, in writing as soon as practical, but not
later than 3 business days if the contract for Field Review of Construction is terminated at any time during
construction.
______________________ ______________________
Print Name Signature
_____________________________________________
Print Name of Firm or Company
_____________________________________________
Mailing Address
_____________________ ______________________
Telephone Email
(Affix below the seal of the
professional engineer in
accordance with provincial
legislation.)
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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Schedule "A-3"
Declaration of Field Review of Construction
Note: This letter must be signed by a Licensed Architect or Professional Engineer as appropriate in
accordance with Provincial Legislation and must be submitted after completion of the project but before the
occupancy permit is issued. A separate letter must be submitted by each architect, or professional engineer
hired by the owner or prime consultant.
To:
The authority having jurisdiction:
Date: ________________
City of Charlottetown - Planning & Heritage Department
70 Kent Street, Charlottetown, PE, C1A 1M9
Att:
___________________________________________(Building Official)
Re:
________________________________________________________________
Address of project (print)
________________________________________________________________
Name of Project and Description (print)
I hereby declare that I have fulfilled my obligations for Field Review of Construction as defined in the
Letter of Undertaking and the Inspection Commitment Declaration and advise that I have reviewed the work
at intervals appropriate, to determine substantial compliance with the design and all revisions thereto as
accepted by the authority having jurisdiction for the following disciplines which I have initialed.
_____ Building Design
_____ Structural
_____ Mechanical _____ Electrical
_____ Geotechnical
_____ Plumbing
_____ Fire Suppression System
_________________________________________
Print Name
______________________ _______________
Signature Initials Sample
_________________________________________
Print Name of Firm or Company
_________________________________________
Print Address
_________________________________________
Print Municipality Postal Code
_________________________________________
Telephone Fax
(Affix below the seal of the
licensed Architect or professional
Engineer in accordance with
provincial legislation.)
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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page 1 of 2
Schedule B
SUITES OF RESIDENTIAL OCCUPANCIES REQUIRED TO BE BARRIER-FREE
1. Buildings from 12 Units up to and including 35 Units (Includes Apartments, Condominiums, hotel,
motel and lodging/boarding homes.)
At least one unit of twelve units (1:12) or part thereof (0.5 or greater require an extra unit) in a new
Group C building of up to 35 shall conform to Section 3.8 (Part 3, Division B, Volume 1) of the National
Building Code of Canada, for a barrier free unit and shall conform to the requirements as listed below.
2. Buildings of 36 Residential Units and over (Includes Apartments, Condominiums, hotel, motel and
lodging/boarding homes.)
(At least one unit in eighteen units (1:18) or part thereof (0.5 or greater require an extra unit) in a new
Group C building of 36 units and over shall conform to Section 3.8 (Part 3, Division B, Volume 1) of
the National Building Code of Canada, for a barrier free unit and shall conform to the requirements as
listed below.
REQUIREMENTS
1. General
1.1. Where a suite of residential occupancy is required to provide barrier free access, it shall be served
by:
a)
Entrances in accordance with Article 3.8.2.2. NBC 2015,
b)
Barrier-free path of travel to, into, and throughout each required suite in accordance with Article
3.8.2.3. NBC,
c)
An accessible balcony if required in accordance with 3.3.1.7. (1) (c) NBC, and
d)
Barrier free controls for the operation of building services or safety devices, including electrical
switches, thermostats and intercom switches, shall be accessible to a person in a wheelchair,
operable with one hand, and mounted not more than 1 200 mm above the floor and electrical
receptacles shall be located between 400 mm and 550 mm above the finished floor, except as
required by clause (3)(f) (bathroom).
2. Sleeping Area
2.1. Where a suite of residential occupancy is required to provide barrier free access, it shall contain at
least one sleeping area with:
a)
a minimum floor area 12.25 m² (131.85sqft)
b)
at least one horizontal room dimension not less than 3.35 m, and
c)
at least one closet that provides:
(i) a minimum clear opening of 900 mm,
(ii) clothes hanger rods located at a height of 1 200 mm, and
(iii) at least one shelf located at a height of 1 370 mm.
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Schedule B
3. Bathroom
3.1. Where a suite of residential occupancy is required to provide barrier free access, a minimum of one
accessible bathroom shall be provided with:
a)
a water closet conforming to Article 3.8.3.13. NBC, and be equipped with Grab Bars,
conforming to 3.8.3.11 NBC (e&f);
b)
a clear space of 900mm wide that is parallel and adjacent to the open side of the water closet
conforming to 3.8.3.12 NBC (d);
c)
a lavatory conforming to Article 3.8.3.15. NBC;
d)
a shower (If provided instead of tub), it shall conform to Article 3.8.3.16. NBC;
e)
a tub (If provided instead of shower), it shall conform to Article 3.8.3.17. NBC; and
f)
a GFI razor outlet located not more than 1 200 mm above the floor; and
g)
a floor space of not less than 3.7 m2 with no dimension less than 1 700 mm when the door
swings out and 4.0 m2 with no dimension less than 1 800 mm when the door swings in (In a
bathroom that does not have a bathtub.).
4. Kitchen
4.1. Where a suite of residential occupancy is required to provide barrier free access the kitchen shall
have:
a)
a minimum 1200 mm clearance between counters and all opposing base cabinets, counter
tops, appliances;
b)
a kitchen sink:
i. located with the centerline at least 460mm from the side wall;
ii. to have a Rim Height located between 810 and 860mm from the floor;
iii. to have a knee clearance centered on the sink at least 750mmwide x 200 deep x 680mm
high, with an additional toe space at least 750mm wide x230mm deep x 230mm high;
iv. to have a clear floor area of at least 750mm x 1200mm, which may extend up to 480mm
underneath the sink;
v. to have facets that are either handles of the lever type, that are operable with a closed fist or
automatically activated;
vi. to not have sharp or abrasive surfaces under it; and
vii. to have hot water drain pipes offset to the rear and not about the clear space.
c)
a minimum of one work surface that:
i. is 760 mm wide x 600 mm deep and between 810 mm to 860 mm above the floor;
ii. has a clear floor area 760 mm 1 200 mm which may extent [extend] 480 mm under the work
surface;
iii. has a knee space a minimum of 750 mm wide, 480 mm deep, and 680 high; and
iv. has a minimum of one electrical receptacle shall be located at the front or side of the work
surface.
CITY OF CHARLOTTETOWN - BUILDING CODE BYLAW
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APPENDIX A. BYLAW REVISION HISTORY
Amendment
No
First
Reading
Second
Reading
Adoption of
Bylaw
References:
Details:
000
12/14/2020
12/17/2020
12/17/2020
Bylaw
Amendment
# PH-BC.3
Repeal of old Building Code Bylaw PH-BC.2 to
and adoption of New Building Code Bylaw PH-
BC.3 Bylaw