Armstrong, British Columbia
· No. 1903
· adopted 2023-01-23
· summary & facts
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THE CITY OF ARMSTRONG
BYLAW No., 1903, 2022
Building Bylaw
CONTENTS
PART 1: TITLE ........................................................................................................................................... 4
Citations ................................................................................................................................................... 4
PART 2: PURPOSE OF BYLAW ............................................................................................................. 4
PART 3: SCOPE AND EXEMPTIONS .................................................................................................... 5
Application ............................................................................................................................................... 5
Exemptions .............................................................................................................................................. 5
Limited Application to Existing Buildings ............................................................................................ 5
PART 4: PROHIBITIONS .......................................................................................................................... 6
PART 5: PERMIT CONDITIONS ............................................................................................................. 7
PART 6: POWERS AND RESPONSIBILITIES OF THE BUILDING OFFICIAL ............................... 7
Administration ......................................................................................................................................... 7
Refusal and Revocation of Permits ..................................................................................................... 8
Right of Entry .......................................................................................................................................... 8
Powers ..................................................................................................................................................... 8
PART 7: OWNER'S RESPONSIBILITIES .............................................................................................. 9
Application for Permit ............................................................................................................................. 9
Compliance ........................................................................................................................................... 10
Owner's Undertaking ........................................................................................................................... 10
Owner's Obligations ............................................................................................................................. 10
Damage to Municipal Works ............................................................................................................... 10
Equivalents ............................................................................................................................................ 11
Demolition .............................................................................................................................................. 11
Demolition Deposit ............................................................................................................................... 12
Notice ..................................................................................................................................................... 12
PART 8: CONSTRUCTOR'S OBLIGATIONS ...................................................................................... 12
PART 9: REGISTERED PROFESSIONALS' RESPONSIBILITIES ................................................. 13
Professional Design and Field Review ............................................................................................. 13
Requirement for a Registered Professional ..................................................................................... 13
Professional Plan Certification ........................................................................................................... 14
Alternative solutions ............................................................................................................................. 14
City of Armstrong Building Bylaw 1903, 2022
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PART 10: BUILDING PERMIT APPLICATIONS ................................................................................. 14
Building Permit Applications for simple buildings ............................................................................ 14
Building Permit Applications for Complex Buildings ....................................................................... 16
Survey Required in Connection with a Building Permit Application ............................................. 18
Building Permit Fees ............................................................................................................................ 19
Security Deposit with Building Permit Application ........................................................................... 19
Permit Fee Refunds ............................................................................................................................. 20
Expiration of Application for a Permit ................................................................................................ 20
Issuance of a Building Permit ............................................................................................................. 20
Compliance with the Homeowner Protection Act ............................................................................ 21
Conditions of a Building Permit .......................................................................................................... 21
Inspection .............................................................................................................................................. 21
Stop Work Order................................................................................................................................... 22
Do Not Occupy Notice ......................................................................................................................... 23
Inspection and Other Fees ................................................................................................................. 23
Permit Expiration .................................................................................................................................. 24
Permit Extension .................................................................................................................................. 24
Building Permit Revocation ................................................................................................................. 24
Building Permit Cancellation ............................................................................................................... 24
Final Inspection..................................................................................................................................... 25
Numbering of Buildings ....................................................................................................................... 26
PART 11: RETAINING WALLS .............................................................................................................. 26
Permit ..................................................................................................................................................... 26
Design and Field Review .................................................................................................................... 26
PART 12: POOLS .................................................................................................................................... 27
Swimming Pool Fencing ...................................................................................................................... 27
Pool Gate ............................................................................................................................................... 27
Spa or Hot Tub Lid ............................................................................................................................... 27
PART 13: ENERGY CONSERVATION AND GHG EMISSION REDUCTION ............................... 27
PART 14: CLIMACTIC DATA ................................................................................................................. 27
PART 15: OFFENCES ............................................................................................................................ 28
Violations ............................................................................................................................................... 28
Deemed Offence .................................................................................................................................. 28
Ticketing ................................................................................................................................................ 29
City of Armstrong Building Bylaw 1903, 2022
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PART 16: INTERPRETATION ............................................................................................................... 29
Definitions .............................................................................................................................................. 29
Severability ............................................................................................................................................ 31
PART 17: REPEAL .................................................................................................................................. 32
City of Armstrong Building Bylaw 1903, 2022
4
THE CITY OF ARMSTRONG
BYLAW No. 1903, 2022
BUILDING BYLAW
A Bylaw for the Administration of the Building Code
WHEREAS the Province of British Columbia has enacted the British Columbia Building Code to
govern standards in respect of the construction, alteration, repair and demolition of buildings and
structures in municipalities;
AND WHEREAS the Province by enactment has authorized that Council 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;
AND WHEREAS the City of Armstrong is enacting this bylaw to regulate construction and
administer the British Columbia Building Code in the City of Armstrong in accordance with the
Community Charter and the Building Act;
AND WHEREAS the City of Armstrong has employed trained building officials for the purposes of
this bylaw; to regulate the construction, alteration, repair or demolition of buildings and structures
by bylaw;
AND WHEREAS it is deemed necessary to provide for the administration of the Building Code;
NOW THEREFORE the Council of the City of Armstrong, in an open meeting assembled, enacts
as follows:
PART 1: TITLE
Citations
This bylaw may be cited as "City of Armstrong Building Bylaw No. 1903, 2022".
PART 2: PURPOSE OF BYLAW
2.1)
Despite any other provision in this bylaw, this bylaw must be interpreted in accordance
with this Part.
2.2)
This bylaw is enacted for the purpose of regulating construction in the City in the general
public interest.
2.3)
The activities undertaken by or on behalf of the City under this bylaw are for the sole
purpose of providing a limited and interim spot-checking function for reasons of health,
safety and the protection of persons and property. The purpose of this bylaw does not
extend to:
City of Armstrong Building Bylaw 1903, 2022
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a) the protection of owners, owner/builders or constructors from economic loss;
b) the assumption by the City or any Building Official of any responsibility for ensuring
the compliance by any owner, his or her representatives or any employees,
constructors or designers retained by him or her, with the Building Code, the
requirements of this bylaw, or any other applicable enactments, codes or
standards;
c) providing any person a warranty of design or workmanship with respect to any
building or structure for which a building permit or final inspection is completed
under this bylaw;
d) providing a warranty or assurance that construction undertaken under building
permits issued by the City is free from latent, or any, defects; or
e) the protection of adjacent real property from incidental damage or nuisance.
PART 3: SCOPE AND EXEMPTIONS
Application
3.1)
This bylaw applies to the geographical area of the City and to land, the surface of water,
air space, buildings and structures in the City.
3.2)
This bylaw applies to the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, removal, relocation and
occupancy of existing buildings and structures.
3.3)
This bylaw applies to the installation, alteration or repair of plumbing systems.
Exemptions
3.4)
This bylaw does not apply to:
a) buildings or structures exempted by Part 1 of the Building Code except as
expressly provided herein;
b) except as set out in Part 12 of this bylaw, a fence permitted to be constructed under
the City's zoning bylaw;
c) a trellis, an arbour, a wall supporting soil less than 1.2 metres in height, and other
such landscape features on a parcel zoned for single-family residential occupancy
uses under the City's zoning bylaw, and which does not create a hazard;
d) an accessory building without plumbing less than 10 square metres in building area
that does not create a hazard;
e) non-structural repair, alteration or maintenance of lawfully conforming structures
or the repair or replacement of plumbing works;
f) bridges, except pedestrian and vehicle bridges attached to buildings;
g) deck additions, except a deck where the difference in elevation between the deck
surface and the ground surface at any point is 0.6 metres or more and on the
condition that the deck is sited in accordance with the zoning bylaw; and
h) the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or
the replacement of tubs, showers, toilets, lavatories or sinks if the work does not
involve or require the rearrangement of valves, pipes or fixtures or hot water tanks.
Limited Application to Existing Buildings
3.5)
Except as provided in the Building Code or to the extent an existing building is under
construction or does not have a final inspection report, when an existing building has been
constructed before the enactment of this bylaw, the enactment of this bylaw is not to be
City of Armstrong Building Bylaw 1903, 2022
6
interpreted as requiring that the building must be reconstructed and altered, unless it is by
this or another bylaw, regulation or statute expressly so provided.
3.6)
This bylaw applies if the whole or any part of a building is moved either within or into the
City, including relocation relative to parcel lines created by subdivision or consolidation,
and in accordance with the City's Zoning Bylaw.
3.7)
If an alteration is made to an existing building the alteration must comply with this bylaw
and Building Code and the entire building must be made to comply with this bylaw and
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.
3.8)
If an alteration creates an addition to an existing building, the alteration or addition must
comply with this bylaw and the Building Code and the entire building must be made to
comply with this bylaw and the Building Code, but only to the extent necessary to address
any new infractions introduced in the remainder of the building as a result of the alteration
or addition.
PART 4: PROHIBITIONS
4.1)
No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the occupancy of any building or structure,
including excavation or other work related to construction, except in conformity with the
requirements of the Building Code and this bylaw.
4.2)
No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the use or occupancy of any building or
structure, including excavation or other work related to construction, unless a Building
Official has issued a valid and subsisting permit for the work under this bylaw.
4.3)
No person shall install or alter plumbing systems unless the Building Official has issued a
permit pursuant to the requirements of this bylaw.
4.4)
No person shall occupy or permit the occupancy of any building or structure or part of any
building or structure until the Building Official has issued a final inspection notice for it.
4.5)
No person shall knowingly submit false or misleading information to a Building Official in
relation to any permit application or construction undertaken pursuant to this bylaw.
4.6)
No person shall erase, alter or modify plans and supporting documents after the same
have been reviewed by the Building Inspector, or plans and supporting documents which
have been filed for reference with the Building Official after a permit has been issued.
4.7)
No person shall, unless authorized in writing by a Building Official, reverse, alter, deface,
cover, remove or in any way tamper with any notice, permit or certificate posted or affixed
to a building or structure pursuant to this bylaw.
4.8)
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 Official.
4.9)
No person shall interfere with or obstruct the entry of a Building Official or other authorized
official of the City on property in the administration of this bylaw.
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4.10) No person may change the use, occupancy or both of a building or structure or a part of a
building or structure without first applying for and obtaining a building permit under this
bylaw.
4.11) No person may cover or conceal any works required to be inspected under this bylaw
without first obtaining written acceptance from the Building Official.
4.12) No person may continue any work if a Stop Work Order is posted by a Building Official
other than the remedial actions required by the notice.
4.13) No person may occupy a building, structure, or part of a building or structure if a Do Not
Occupy notice is posted by a Building Official.
PART 5: PERMIT CONDITIONS
5.1)
A permit is required whenever work regulated under this bylaw is to be undertaken.
5.2)
Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on
behalf of the City shall in any way relieve the owner or his or her representative from full
and sole responsibility to perform the work in strict accordance with this bylaw, the Building
Code and any other applicable enactments respecting safety.
5.3)
Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on
behalf of the City constitute in any way 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.
5.4)
Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings, specifications or supporting documents, nor any inspections made by or on
behalf of the City shall in any way constitute a representation or warranty that the building
or structure meets any standard of materials or workmanship.
5.5)
No person shall rely upon any permit as establishing compliance with this bylaw or assume
or conclude that this bylaw has been administered or enforced according to its terms.
5.6)
It is the full and sole responsibility of the owner (and if the owner is acting through a
representative, the representative of the owner) to carry out the work in respect of which
the permit was issued in compliance with the Building Code, this bylaw and all other
applicable codes, standards and enactments.
PART 6: POWERS AND RESPONSIBILITIES OF THE BUILDING OFFICIAL
Administration
6.1)
The Building Official shall administer this bylaw.
6.2)
Words defining the authority of the Building Official are to be construed as internal
administrative directions and not as creating a duty.
6.3)
The Building Official may:
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a) 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;
b) 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
c) may direct that tests of materials, equipment, devices, construction methods,
structural assemblies or foundations be carried out, or that sufficient evidence or
proof be submitted by the owner, at the owner's sole expense, where such
evidence or proof is necessary to determine whether the material, equipment,
device, construction or foundation condition complies with this bylaw and the
Building Code.
Refusal and Revocation of Permits
6.6)
The Building Official may refuse to issue a permit if the proposed work will contravene the
requirements of the Building Code or the provisions of this or any other bylaw of the City
and must state the reason in writing.
6.7)
The Building Official may revoke a permit if, in his or her opinion, the results of tests on
materials, devices, construction methods, structural assemblies or foundation conditions
contravene the Building Code or the provisions of this bylaw, or both, or if all permits
required under this bylaw have not been obtained.
Right of Entry
6.8)
Subject to section 16 of the Community Charter, the Building Official may enter on property
at any reasonable time to ascertain whether the requirements of this bylaw are being met.
6.9)
If a building that is permitted under the City's zoning bylaw to be used for a residential
occupancy is occupied, the Building Official must, prior to entering the residence under
section 6.8:
a) obtain the prior consent of an occupant; or
b) deliver to an occupant at least 24 hours written notice of the proposed entry.
6.10) The Building Official must ensure that any person entering on property is carrying
credentials that identify him or her as the City's authorized representative.
Powers
6.11) Subject to applicable enactments, a Building Official may by notice in writing order:
a) a person who contravenes any provision of this bylaw to comply with that provision
within the time period ordered;
b) an owner to stop work on a building or structure, or any part of a building or
structure, if the work is proceeding in contravention of this bylaw, the Building
Code, or any other enactment of the City or other applicable enactments respecting
safety, or if there is deemed to be an unsafe condition, and may enter on property
to affix or post a stop work order in the form provided by the City;
c) an owner to remove any unauthorized encroachment on public parcel, a statutory
right away or easement, or a setback or yard requirement 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 the Building Official prior to covering;
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f) an owner to uncover any work that has been covered without inspection contrary
to this bylaw or an order issued by the Building Official;
g) a person to cease any occupancy in contravention of a provision of this bylaw;
h) a person to cease any occupancy if any unsafe condition exists because of work
being undertaken but not complete and where ethe Building Official has not issued
a final inspection notice;
i) an owner to correct any unsafe condition; and
j) an owner to correct any work that contravenes this bylaw, the Building Code, or
any other enactment of the City;
6.12
Every reference to owner in section 6.11 includes a reference to the owner's agent or
constructor;
6.13
Every person served with an order under this section must comply with that order:
a) within the time ordered, or
b) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Application for Permit
7.1)
Subject to Part 10 of this bylaw, every owner shall apply for and obtain a permit prior to:
a) constructing, repairing or altering a building or structure;
b) moving a building or structure into or within the City;
c) demolishing a building or structure;
d) occupying a new building or structure;
e) installing or modifying a commercial cooking facility or ventilation system used in
a process producing grease-laden vapours;
f) installing or modifying a fire alarm system or sprinkler system unless the works are
encompassed by another valid building permit;
g) constructing a masonry fireplace or installing a wood burning appliance or
chimney, unless the works are encompassed by another valid building permit;
h) installation, alteration or repair of plumbing or fire suppression systems unless the
works are encompassed by another valid building permit;
i) constructing or installing a sign, with the exception of a sign painted on the side of
a building, as permitted in the City's zoning and sign bylaws; and
j) constructing, repairing or altering a retaining wall greater than 1.2 meters in height.
k) placement or removal of fuel storage tanks;
l) installation of temporary buildings, including fabric covered structures;
m) installation or alteration of spray booths or spray room equipment pursuant to
NFPA 33 and wood dust collection systems to NFPA 664;
n) constructing additions, or alterations of onsite services for manufactured home
parks;
o) constructing swimming pools, hot tub installation, and swimming pool fences;
p) change use of occupancy classification for a building or part of a building;
q) constructing a new secondary or accessory suite;
r) any structural change, alteration, or repair to any building or structure;
s) demolition of building or structure, and
City of Armstrong Building Bylaw 1903, 2022
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t) sign structures including free standing signs, awnings, canopies, or marquees;
unless the works are the subject of another valid and subsisting building permit;
7.2)
An application for a permit shall be made in the form provided by the City.
7.3)
Every owner shall ensure that plans submitted with a permit application bear the name
and address of the designer of the building or structure, if designed by a designer.
Compliance
7.4)
Every owner must comply with the Building Code, the requirements of this bylaw and the
conditions of a permit and must not omit to do any work required by the Building Code,
this bylaw or the conditions of a permit.
Owner's Undertaking
7.5)
Where required by the Building Official, every owner must, prior to the issuance of a
building permit, execute and submit to the City an owner's undertaking in the form provided
by the City.
Owner's Obligations
7.6)
Every owner must ensure that all permits, all plans and specifications and supporting
documents on which a permit was based, all municipal inspection certificates, and all
professional field reviews are available at the site of the work for inspection during working
hours by the Building Official, and that all permits are posted conspicuously on the site
during the entire execution of the work.
7.7)
Every owner, or his or her agent, must carry out construction or have the construction
carried out in accordance with the requirements of the Building Code, this bylaw and other
bylaws of the City and neither the issuance of a permit under this bylaw, the review of
plans and supporting documents, nor inspections made by the Building Official or a
registered professional relieve the owner, or his or her agent, from full and sole
responsibility to perform the work in strict accordance with this bylaw, the Building Code
and other enactments.
7.8)
Every owner must allow the Building Official to enter any building or premises at any
reasonable time for the purpose of administering and enforcing this bylaw. Every owner to
whom a permit is issued must, during construction,
a) post the civic address on the property so that it may be easily read from the public
highway from which the property takes its address; and
b) post the permit on the property so that it may be easily read from the public highway
from which the property takes its address.
Damage to Municipal Works
7.9)
Every owner to whom a permit is issued is responsible for the cost to repair any damage
to municipal works that occurs during and arises directly or indirectly from the work
authorized by the permit;
7.10) In addition to payment of security deposit under section 10.8 through 10.14 every owner
must pay to the City within 30 days of receiving an invoice for same from the City, the cost
to repair any damage to public property or works located on public property arising directly
or indirectly from work for which the permit was issued:
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Equivalents
7.11) Every owner who wishes to provide an alternative solution to satisfy one or more of the
requirements of the Building Code or this bylaw must submit sufficient evidence to
demonstrate that the proposed alternative solution will provide the level of performance
required by the Building Code and this bylaw, and must pay the permit modification fee
set out in the City of Armstrong Rates, Fees and Charges Bylaw.
Demolition
7.12) No owner shall demolish or cause to be demolished any building or structure without first
obtaining a permit to carry out such demolition.
7.13) An Application for a Demolition Permit shall be submitted in the form provided by the City.
7.14) This section does not apply to structures other than buildings less than 15.0 metres in
height, or accessory buildings that are one storey or less in height provided that there are
no service works connected to the building.
7.15) Prior to obtaining a permit to demolish a building or structure the owner must:
a) provide to the City a vacancy date;
b) pay all applicable fees, including water and sewer disconnection fees, as specified
in City of Armstrong Rates, Fees and Charges Bylaw, including any penalty
outlined;
c) provide a hazardous material assessment from a qualified person in this field, and
remediation clearance letter for the buildings prior to 1990;
d) ensure that all municipal services, and other services, are capped and terminated
at the property line in a City standard inspection chamber and valve arrangement;
e) ensure that pre-arrangements are made with the landfill for disposal of demolition
debris; and
f) ensure that, completion of demolition procedures includes clearing all debris and
fill, removing decommissioned septic tanks, removing foundations, and levelling or
grading the site.
g) Provide a fire safety plan in conformance with Section 5.6 of the BC Fire Code;
h) Fencing must be provided to protect public, must be 1.8 m high and surround entire
demolition site with locking gate;
7.16) The Building Official may issue a permit for which the application is made in the form
provided by the City:
a) no covenant, agreement, resolution or regulation of the City authorizes the permit
to be withheld.
b) the building or structure is not a protected heritage property, and is not subject to
temporary heritage protection or is identified in a community heritage registry
pursuant to the Heritage Conservation Act or the Local Government Act; or
c) in the case of a residence, the building is not occupied.
7.17) A permit for demolition shall be valid for 90 days from the date of issuance of the demolition
permit after which the permit expires. Should demolition not have commenced by the 90-
day expiry date the Building Official may at their discretion cancel the permit by written
notification;
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Demolition Deposit
7.18) An applicant for a permit for demolition shall pay the Demolition Deposit as specified in
City of Armstrong Rates, Fees and Charges Bylaw before the issuance of the permit to
ensure the work is completed and the site is rehabilitated.
7.19) Where a building or structure is demolished under a permit, and where:
a) the property is rehabilitated in a tidy and safe condition;
b) all waste debris has been removed;
c) any septic tank or other underground storage facility has been removed; and
d) any barricade or covered way has been dismantled;
The Building Official shall return the Demolition Deposit to the applicant.
Notice
7.20) Every owner must give notice in writing to the Building Official of any change in or
termination of engagement of a registered professional during the course of construction
immediately when the change or termination occurs.
7.21) If an owner terminates the engagement of a registered professional, the owner must
terminate the work until the owner has engaged a new registered professional and has
delivered to the Building Official letters of assurance.
7.22) Without limiting sections 10.30 to 10.47, every owner must give at least 48 hours' notice,
not including weekends and statutory holidays, to the Building Official:
a) of intent to do work that is required or ordered to be inspected during construction;
b) of intent to cover work that has been ordered to be inspected prior to covering; and
c) when work has been completed so that a final inspection can be made.
7.23) Every owner must give notice in writing to the Building Official and pay the fees set out in
City of Armstrong Rates, Fees and Charges Bylaw immediately upon any change in
ownership or change in the address of the owner which occurs prior to final inspection.
7.24) Every owner must give such other notice to the Building Official as may be required by the
Building Inspector or by a provision of this bylaw.
PART 8: CONSTRUCTOR'S OBLIGATIONS
8.1)
Every constructor must ensure that all construction is done in compliance with all
requirements of the Building Code, this bylaw and all other applicable enactments
respecting safety.
8.2)
Every constructor must ensure that no excavation or other work is undertaken on public
property or adjacent private property, and that no land is disturbed, no building erected,
and no materials stored thereon, in whole or in part, without first having obtained approval
in writing from the appropriate authority over such public or private property.
8.3)
Every constructor is responsible jointly and severally with the owner for all work
undertaken.
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PART 9: REGISTERED PROFESSIONALS' RESPONSIBILITIES
Professional Design and Field Review
9.1)
If a Building Official considers that the site conditions, size or complexity of a development
or an aspect of a development warrant, he or she may require:
a) a registered professional to provide design and plan certification and field review
supported by letters of assurance in the form prescribed in the Building Code; and
b) a geotechnical engineer to determine bearing capacity for every parcel in by
providing design and plan certification and field review supported by letters of
assurance in the form prescribed in the Building Code.
9.2)
Prior to the coordinated pre-occupancy site review for a complex building, or prior to a final
inspection for a simple building in circumstances where letters of assurance have been
required in accordance with the requirements of this bylaw, the owner must provide the
City with letters of assurance in the form prescribed in the Building Code.
9.3)
If a registered professional provides letters of assurance in accordance with the
requirements of this bylaw, he or she must also provide proof of professional liability
insurance to the Building Official in the form provided by the City.
Requirement for a Registered Professional
9.4)
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A, B, C-A and C-B as
referred to in subsection 2.2.7, Division C, of the Building Code, in respect of a permit
application:
a) a complex building;
b) a simple building constructed on, or contiguous to, a complex building;
i. except for garages, carports and garden structures located on land zoned for
single family use, foundation and excavation components of new simple
buildings and additions greater than 55 square metres to simple buildings;
c) structural components of buildings that fall within the scope of Division B Part 4 of
the Building Code;
d) a building that is designed with common egress systems for the occupants and
requires the use of firewalls according to the Building Code;
e) alterations to a building or structure described in paragraph 10.4.a), 10.4.b), or
10.4.c) of this bylaw;
f) a building or structure subject to section 10.1 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;
g) the building envelope components of all buildings that fall under Division B Part 3
of the Building Code, all residential buildings that contain more than two dwellings,
and all other buildings whose building envelopes do not comply with the
prescriptive requirements of Division B Part 9 of the Building Code;
h) for a parcel of land on which a building or structure is proposed if the building
official believes the parcel is or is likely to be subject to flooding, mud flows, debris
flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and
the requirement for a professional design is in addition to a requirement under
Division 8 of Part 3 of the Community Charter
City of Armstrong Building Bylaw 1903, 2022
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i. a report certified by a professional engineer with experience in geotechnical
engineering that the parcel may be used safely for the use intended, and
ii. that the plans submitted with the application comply with the relevant
provisions of the building code and applicable bylaws of the City.
9.5)
The Building Official may require the registered professional carrying out the professional
design and field review of a building envelope to provide evidence that he or she has
experience and expertise in respect of the professional design and field review of building
envelopes.
Professional Plan Certification
9.6)
The letters of assurance in the form of Schedules A and B as referred to in subsection
2.2.7, Division C, of the Building Code are relied upon by the City and its Building Officials
as certification that the design and plans to which the letters of assurance relate comply
with the Building Code, this bylaw and other applicable enactments relating to protection.
9.7)
Letters of assurances must be in the form of Schedule A or B referred to in subsection
2.2.7, Division C, of the Building Code:
9.8)
A building permit issued for the construction of a complex building, or for the construction
of a simple building for which a Building Official has required a professional design or the
owner and/or the owner's agent has opted to utilize a professional design for all aspects
of design and review under section 10.1 or 10.3, must be in the form provided by the City,
and letters of assurance pursuant to section 10.1 or 10.3 of this bylaw must be in the form
prescribed in the Building Code.
9.9)
A building permit issued under section 10.21 of this bylaw must include a notice to the
owner 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
relating to protection.
9.10) When a building permit is issued pursuant to section 10.21 of this bylaw, a permit fee
payable will be reduced by 20% for the first $500,000 value of construction amount and
50% for the remaining value of construction amount pursuant to Schedule A to this bylaw.
Alternative solutions
9.11) An owner who wishes to provide alternative solutions to satisfy one or more of the
requirements of the Building Code or this bylaw must submit sufficient evidence, certified
by a professional engineer or architect, to demonstrate that the proposed alternative
solutions will provide the level of performance required by the Building Code or this bylaw:
PART 10: BUILDING PERMIT APPLICATIONS
Building Permit Applications for simple buildings
10.1) An application for a building permit with respect to a simple building must:
a) be made in the form provided by the City and signed by the owner, or a signing
officer if the owner is a corporation;
b) be accompanied by the owner's acknowledgment of responsibility and undertaking
made in the form provided by the City, and signed by the owner, or a signing officer
if the owner is a corporation;
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c) include a copy of a title search for the relevant property dated within 30 days of the
date of the permit application, along with copies of any charges registered on the
title, excluding financial charges;
d) include a copy of an up-to-date survey plan prepared by a British Columbia land
surveyor, except that the Building Official may waive the requirement for a survey
plan, in whole or in part, where conditions warrant;
e) include a site plan prepared by a registered professional showing, where required:
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. the location, dimensions and gradient of parking and parking access;
viii. proposed and existing setbacks to property lines;
ix. natural and finished grade at building corners and datum determination
points;
x. main floor elevation;
xi. location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
xii. location and species of all trees greater than 10 centimetres in diameter;
xiii. access routes for firefighting;
xiv. accessible paths of travel from the street to the building;
xv. if a secondary suite or carriage house is proposed, show the parking,
private amenity space with screening, and the lighted pathway from parking
to the entrance door;
xvi. line of upper floors;
xvii. location and elevation of curbs, sidewalks, manholes and service poles;
xviii. location of existing and proposed service connections;
xix. include a site drainage plan;
xx. include a landscape plan in accordance with the City's zoning bylaw;
xxi. location of top bank and water courses; and
xxii. the geodetic elevation of the underside of a wood floor system or the top of
a finished concrete slab of a building or structure where the City's land use
regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation;
j.
include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl spaces 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;
k. include a cross-section through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
l.
include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, the building height base line, the maximum building
City of Armstrong Building Bylaw 1903, 2022
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height line, ridge height, spatial separations and natural and finished grade to
illustrate that the building complies with the building code and to illustrate that the
building or structure conforms with the City zoning, development variance permit
and development permit;
m. include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
Building Code;
n. include copies of approvals required under any enactment relating to riparian
areas, health or safety, including, without limitation, sewage disposal permits,
highway access permits and ministry of health approvals;
o. except for garages, carports and garden structures located on land zoned for
single family use, include a foundation and excavation design prepared by a
registered professional in accordance with section 4.2 of Division B Part 4 of the
Building Code, accompanied by letters of assurance in the form prescribed in the
Building Code, signed by the registered professional;
i.
evidence of compliance with the Building Code energy regulations;
p. include geotechnical letters of assurance, in addition to a required geotechnical
report, if the building official determines that the site conditions so warrant;; and
include two sets of drawings, all measurements shown in metric, at a suitable scale
of design including the information set out in sections 10.1.g) to 11.0.i) of this
bylaw, including a building code compliance summary including the applicable
edition of the building code, such as, without limitation, whether the building is
designed under Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C
of the Building Code.
10.2) Except that for a simple building the Building Official may waive, in whole or in part, the
requirements for a site plan, if the permit is sought for the repair or alteration of an existing
building or structure.
Building Permit Applications for Complex Buildings
10.3) An application for a building permit with respect to a complex building must:
a) be made in the form provided by the City, and signed by the owner, or a signing
officer if the owner is a corporation;
b) be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form provided by the City, and signed by the owner, or a
signing officer if the owner is a corporation;
c) include a copy of a title search for the relevant property dated within the last 30
days of the date of the permit application, along with copies of any charges
registered on the title, excluding financial charges;
d) include a Building Code compliance summary including the applicable edition of
the Building Code, such as Division B Part 3 or Division B Part 9 designation, major
occupancy classification(s) of the building, building area and building height,
number of streets the building faces, accessible entrances, firewalls, work areas,
washrooms and facilities;
e) include a copy of an up-to-date survey plan prepared by a British Columbia land
surveyor;
f) include a site plan prepared by a registered professional showing:
i. the bearing and dimensions of the parcel taken from the registered
subdivision plan;
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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. location of the frontage road, driveways and other roadways including
dimensions, gradient, and access of existing and proposed driveways to
access any proposed dwelling;
viii. zoning compliance summary;
ix. the location, dimensions and gradient of parking and parking access;
x. proposed and existing setbacks to property lines;
xi. natural and finished grade at building corners and significant breaks in
the building plan;
xii. main floor elevation;
xiii. location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
xiv. location and species of all trees greater than 10 centimetres in diameter;
xv. line of upper floors;
xvi. location and elevation of curbs, sidewalks, manholes, and service poles;
xvii. location of existing and proposed service connections;
xviii. location of top bank and water courses;
xix. access routes for fire-fighting;
xx. accessible paths of travel from the street to the building;
xxi. geodetic elevation of the underside of a wood floor system or the top of
a finished concrete slab of a building or structure where the City's land
use regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation;
except that the Building Official may waive, in whole or in part, the requirements
for a site plan, if the permit is sought for the repair or alteration of an existing
building or structure;
g) include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl spaces and roof spaces; the location, size and
swing of doors; the location, size and opening of windows; floor, wall, and ceiling
finishes; fire separations; plumbing fixtures; structural elements; and stair
dimensions;
h) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions
systems;
i) include elevations of all sides of the building or structure showing finish details,
roof slopes, windows, doors, natural and finished grade, spatial separations and
ridge height to illustrate that the building or structure substantially conforms to the
Building Code, City zoning bylaw and any applicable development or development
variance permit;
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j) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building or structure substantially conforms to the
Building Code;
k) include copies of approvals required under any enactment relating to riparian areas
or health or safety, including, without limitation, sewage disposal permits, highway
access permits and ministry of health approvals;
l) include a letter of assurance in the form prescribed in the Building Code, signed
by the owner, or a signing officer if the owner is a corporation, and the coordinating
registered professional;
m) include letters of assurance in the form prescribed in the Building Code, each
signed by such registered professionals as the Building Official or Building Code
may require to prepare the design for and conduct field reviews of the construction
of the building or structure;
n) include two sets of drawings, all measurements shown in metric, at a suitable scale
of the design prepared by each registered professional containing the information
set out in sections 10.3.g) to 10.3.j) of this bylaw;
o) include illustration of any slopes on the subject parcel that exceed 30%; and
p) include a site drainage plan.
10.4) In addition to the requirements of section 10.3 of this bylaw, a Building Official may require
the following to be submitted with a permit application for the construction of a complex
building if the complexity of the proposed building or structure or siting circumstances
warrant
a) site servicing drawings, including sufficient detail of off-site services to indicate
locations at the property line, prepared and sealed by a registered professional, in
accordance with the City's subdivision and development servicing bylaw;
b) a section through the site showing grades, buildings, structures, parking areas and
driveways; and
c) any other information required by the Building Official or the Building Code to
establish substantial compliance with this bylaw, the Building Code and other
bylaws and enactments relating to the building or structure.
Survey Required in Connection with a Building Permit Application
10.5) Without limiting sections 10.1.d) or 10.3.e) of this bylaw, the Building Official may order
any owner to submit an up-to-date plan of survey prepared by a registered British
Columbia land surveyor which contains sufficient information respecting the site and
location of any building in order 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 or its
relationship to neighbouring grades; and
d) in relation to construction of a new building, or addition to an existing building, prior
to and after the placement of concrete for foundations and footings, show the
elevation at proposed top of concrete on all building elevations and at all significant
changes of elevation to substantiate its size, location and elevation;
City of Armstrong Building Bylaw 1903, 2022
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and every person served with an order under this section must comply with the order.
Building Permit Fees
10.6) Before receiving a building permit for a building or structure, the owner must first pay to
the City:
a) all applicable non-refundable and refundable fees prescribed in the City of
Armstrong Rates, Fees and Charges Bylaw; and
b) any fees, charges, levies or taxes imposed by the City and payable under an
enactment at the time of issuance of the building permit.
10.7) Building Permit fees will be incremental, in accordance with City of Armstrong Rates, Fees
and Charges Bylaw, and based on the calculated value of the work.
Security Deposit with Building Permit Application
10.8) An applicant for a building permit must pay to the City, at the time of issue, applicable
security deposits as set out City of Armstrong Rates, Fees and Charges Bylaw.
10.9) The security deposit sum:
a) covers the cost borne by the City to maintain, restore or replace any public works
or public lands which are destroyed, damaged or otherwise impaired in the carrying
out of the work referred to any building permit held by the applicant;
b) covers the cost borne by the City to make the site safe if the permit holder
abandons or fails to complete the work as designated on the permit;
c) serves as the security deposit for a final inspection;
d) serves as a security deposit for the purpose of affecting compliance with any
condition under which the permit was issued.
e) serves as a security deposit to cover the non-payment of fees including re-
inspection and special inspection fees.
10.10) The City may waive security deposits that are not applicable for certain aspects of a
building permit application.
10.11) The security deposits must be returned to the applicant without interest:
a) when the City is satisfied that no further damage to public works or public lands
will occur;
b) when the inspections required by this bylaw are complete and acceptable to the
Building Official;
c) when the conditions or provisions of a final inspection are completed to the
satisfaction of the Building Official; or
d) any combination of 10.11. a), b), or c).
10.12) If damage to public works or public lands, which is the owner's responsibility, is not
resolved by the owner prior to the issuance of a final inspection report, or within such other
time limit set by the Building Official, and the damage requires the City to resolve, the
costs so incurred by the City shall be deducted from the security deposits. Any remaining
security deposits shall be returned to the applicant in accordance with section 11.11. Costs
that exceed the sum of security deposits shall be invoiced to the owner. Any such invoices
not paid by December 31 of the current year may be transferred to the owner's property
tax account as taxes in arrears pursuant to provisions of the Community Charter.
City of Armstrong Building Bylaw 1903, 2022
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10.13) If the constructor or owner fails to notify the City to pull the sanitary sewer plug prior to
occupancy resulting in sewer backflow, damage to private property is the sole
responsibility of the owner and any related costs incurred by the City to resolve shall be
deducted from security deposits.
10.14) Security deposits unclaimed after 180 days of the expiry of a building permit may be
forfeited the owner and transferred to the City.
Permit Fee Refunds
10.15) No fee or part of a fee paid to the City may be refunded if construction of the building has
started.
10.16) A building permit fee may be partially refunded as set out in City of Armstrong Rates, Fees
and Charges Bylaw, only if:
a) the owner has submitted a written request for a refund;
b) the Building Official has certified a start has not been made on the construction of
the building or structure; and
c) the permit has not expired.
10.17) A building permit fee is not refundable after the permit has been extended under section
10.51.
10.18) If an issued building permit is active and the owner proposes modification to the building
design whereby the value of construction does not increase or the value of construction
decreases, the owner must first pay to the City a building permit fee based on the hourly
rate set out in City of Armstrong Rates, Fees and Charges Bylaw.
10.19) The building permit fee is doubled for every permit application if construction commenced
before the Building Official issued a permit, to a maximum of $5,000.00.
Expiration of Application for a Permit
10.20) A building permit application expires 180 days from the date a complete application is
received under this Part if the building permit is not issued by the application expiration
date, unless the permit is not issued only due to delays caused by the City.
Issuance of a Building Permit
10.21) If:
a) a completed application in compliance with sections 10.1 or sections 10.3 and 10.4
of this bylaw, including all required supporting documentation, has been submitted;
b) the owner has paid all applicable fees set out in City of Armstrong Rates, Fees and
Charges Bylaw;
c) the owner or his or her representative has paid all charges and met all
requirements imposed by any other statute or bylaw;
d) the owner has retained a professional engineer or geoscientist if required under
this bylaw or by the provisions of the Engineers and Geoscientists Act;
e) the owner has retained an architect if required by the provisions of the Architects
Act;
f) no covenant, agreement, resolution or regulation of the City requires or authorizes
the permit to be withheld;
City of Armstrong Building Bylaw 1903, 2022
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the Building Official must issue the permit, in the form provided by the City, for which the
application is made, and the date of issuance is deemed to be the date the City notifies
the owner that the permit is ready to be picked up by the owner.
10.22) Not withstanding 10.21, the Building Official may issue a building permit for stages of
construction.
10.23) The Building Official may refuse to issue a permit when the owner has been notified of a
violation of this bylaw with regard to the construction of another building or structure by
the owner.
Compliance with the Homeowner Protection Act
10.24) If the application is in respect of a building that includes, or will include, a residential
occupancy, the building permit must not be issued unless the owner provides evidence as
per the Homeowner Protection Act, that the proposed building:
a) is covered by home warranty insurance; and
b) the constructor is a licensed residential builder under the Homeowner Protection
Act.
10.25) Section 10.24 of this bylaw does not apply if the owner is not required to be licensed and
to obtain home warranty insurance in accordance with the Homeowner Protection Act.
10.26) Every permit is issued subject to the owner and constructor maintaining compliance with
the Homeowner Protection Act and negotiations under it during the term of the permit.
Conditions of a Building Permit
10.27) A building permit or an application for a building permit that is in process may not be
transferred or assigned until the owner has notified the Building Official in writing, the
Building Official has authorized the transfer or assignment in writing and the owner has
paid the fees required under Schedule A. The transfer or assignment of a building permit
is not an extension of a building permit.
10.28) The review of plans and supporting documents and issuance of a building permit do not
prevent the Building Official from subsequently requiring the correction of errors in the
plans and supporting documents, or from prohibiting building construction or occupancy
being carried on when in violation of this or another bylaw.
Inspection
10.29) If a registered professional provides letters of assurance in accordance with this Part, the
City will rely solely on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to this bylaw 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 or protection.
10.30) Despite section 10.29 of this bylaw, a Building Official may attend the site from time to
time during the course of construction to ascertain that the field reviews are taking place
and to monitor the field reviews undertaken by the registered professionals.
10.31) A Building Official may attend periodically at the site of the construction of simple buildings
or structures to ascertain whether the work is being carried out in substantial conformance
with the Building Code, this bylaw and any other applicable enactments concerning safety.
City of Armstrong Building Bylaw 1903, 2022
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10.32) Site inspections will be in accordance with the stages as required by the City.
10.33) For all work in respect of simple buildings the owner must give at least 48 hours' notice,
not including weekends and statutory holidays, to the City when requesting an inspection
and must obtain an inspection and receive a Building Official's written acceptance of the
work prior to concealing them.
10.34) A building official will carry out an inspection under section 10.33 if the owner or the
owner's agent has requested the inspection by phone or in writing in accordance with this
bylaw.
10.35) Despite the requirement for the Building Official's acceptance of the work outlined in
section 10.33, if a registered professional provides letters of assurance, the City will rely
solely on field reviews undertaken by the registered professional and the letters of
assurance submitted pursuant to this bylaw as assurance that the aspects of the
construction referenced by those letters of assurance substantially conform to the design,
plans and specifications and that the construction complies with the Building Code, this
bylaw and other applicable enactments respecting safety.
10.36) No aspect of the work referred to in section 10.33 of this bylaw shall be concealed until a
Building Official has accepted it in writing.
10.37) For work in respect of complex buildings the owner must:
a) give at least 48 hours' notice to the City when requesting a preconstruction meeting
with the Building Official prior to the start of construction, and the owner or his or her
representative must ensure that the coordinating registered professional, the
constructor, as well as representatives of major trades, are in attendance.
b) give at least 48 hours' notice to the City when requesting a pre-occupancy
coordinated site review in order to have the owner, the constructor and the registered
professionals demonstrate to the Building Official and Fire Services the compliance
with the health and safety aspects of the work, the coordination and integration of the
fire and life safety system, applicable City requirements and other enactments
respecting safety;
c) cause the coordinating registered professional, at least 48 hours prior to the pre-
occupancy coordinated site review, to deliver to the Building Official the Confirmation
of Required Documentation, in the form provided by the City, complete with all
documentation on paper and in digital pdf format on a memory stick.
Stop Work Order
10.38) The Building Official may direct the immediate suspension or correction of all or a portion
of the construction on a building or structure by attaching a stop work order notice, in the
form provided by the City, on the premises whenever it is found that the work is not being
performed in accordance with the requirements of the Building Code, any applicable bylaw
of the City or the provisions of the Homeowner Protection Act.
10.39) The coordinating registered professional may request, in writing, that the Building Official
order the immediate suspension or correction of all or a portion of the construction on a
building or structure by attaching a stop work order notice on the premises. The Building
City of Armstrong Building Bylaw 1903, 2022
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Official must consider such a request and, if not acted upon, must respond, in writing, to
the coordinating registered professional and give reasons.
10.40) If a registered professional's services are terminated, the owner must immediately stop
any work that is subject to his or her design or field review and the Building Official is
deemed to have issued a stop work order under section 10.38.
10.41) The owner must immediately, after the posting of a notice under section 10.38, secure the
construction and the lands and premises surrounding the construction in compliance with
the safety requirements of every statute, regulation or order of the Province or of a
provincial agency and of every applicable bylaw of the City.
10.42) Subject to section 10.38, no work other than the required remedial measures may be
carried out on the parcel affected by the notice until the stop work order notice has been
removed by the Building Official.
10.43) Every person who commences work requiring a building permit without first obtaining such
a permit shall, if a Stop Work notice is issued and remains outstanding for 30 days, pay
an additional charge as outlined in Schedule 2 of the Municipal Ticket Information System
Bylaw.
10.44) The notice referred to in section 10.38 must remain posted on the premises until that which
is contrary to the enactments has been remedied.
Do Not Occupy Notice
10.45) If a person occupies a building or structure or part of a building or structure in contravention
of section 4.4 of this bylaw, a Building Official may post a Do Not Occupy Notice, in the
form provided by the City, on the affected part of the building or structure.
10.46) If a notice is posted under section 10.45, the owner of a parcel on which a Do Not Occupy
Notice has been posted, and every other person, must cease occupancy of the building
or structure immediately and shall refrain from further occupancy until all applicable
provisions of the Building Code and this bylaw have been substantially complied with and
the Do Not Occupy Notice has been rescinded in writing by a Building Official.
Inspection and Other Fees
10.47) In addition to the fees required for the initial permit, the owner must pay the additional fees
as in the City of Armstrong Rates, Fees and Charges Bylaw for:
a) a second and subsequent re-inspection where it has been determined by the
Building Official that due to non-compliance with the provisions of this bylaw or due
to non-complying workmanship, more than two inspections are required for any
particular type of inspection;
b) a special inspection during the City's normal business hours to establish the
condition of a building, or if an inspection requires special arrangements because
of time, location or construction techniques;
c) inspection required under this bylaw which cannot be carried out during the City's
normal business hours;
d) each report containing each alternate solution in respect of Building Code
equivalences;
e) an amendment to an original equivalency report after acceptance or rejection of
the report;
City of Armstrong Building Bylaw 1903, 2022
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f) a request from the owner or agent that the Building Official review an application
or part of an application that has already been reviewed by the Building Official.
Permit Expiration
10.48) Every permit is issued on the condition that the permit expires and the rights of the owner
under the permit terminate if:
a) the work authorized by the permit is not commenced within 180 days from the date
of issuance of the permit; or
b) work is discontinued for a period of 180 days; or
c) the work is not completed within two years of the date of issuance of the permit.
10.49) Where a building permit has expired and the owner wishes to have the permit reissued,
the owner must submit a new application, including a new application fee, including all
documents and permits as prescribed in Part 10 of this bylaw.
10.50) Where an application is received pursuant to Part 10 of this bylaw and where the
information submitted with the new application has not changed substantively from the
original application, a Building Official may issue a new building permit pursuant to all the
terms and conditions of this bylaw, except that the building permit fees prescribed in City
of Armstrong Rates, Fees and Charges Bylaw shall not apply.
Permit Extension
10.51) A Building Official may extend the period of time set out under section 10.48 for only one
period, not to exceed twelve months upon any terms and conditions specified by the
Building Official, and upon written request, if:
a) construction has not been commenced or has been discontinued due to adverse
weather, strikes, material or labour shortages, other similar hardship beyond the
owner's control, or if the size and complexity of the construction warrants;
b) the building permit has not expired or been revoked;
c) application for the extension is made at least 30 days prior to the date of permit
expiration; and
d) the non-refundable fee set out in City of Armstrong Rates, Fees and Charges
Bylaw has been paid.
Building Permit Revocation
10.52) The Building Official may revoke a building permit if there is a violation of:
a) a condition under which the permit was issued; or
b) a requirement of the Building Code or of this or another bylaw of the City, and
such permit revocation must be in writing and sent to the permit holder by signature mail
to, or personal service on, the permit holder.
10.53) Where a building permit has been revoked and the owner wishes to have the permit
reissued, the owner shall submit a new application, including a new application fee,
including all documents and permits as prescribed in Part 10 of this bylaw.
Building Permit Cancellation
10.54) A building permit, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the Building Official.
City of Armstrong Building Bylaw 1903, 2022
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10.55) On receipt of the written cancellation notice, the Building Official must mark on the
application, and a permit if applicable, the date of cancellation and the word "cancelled".
10.56) If the owner, or his or her agent, submits changes to an application after a permit has been
issued and the changes, in the opinion of the Building Official, substantially alter the scope
of the work, design or intent of the application in respect of which the permit was issued,
the Building Official may cancel or amend the permit and mark on the permit the date of
cancellation or amendment and the word "cancelled" or "amended".
10.57) If a building permit application or permit is cancelled, and construction has not commenced
under the permit, the Building Official must return to the owner any fees deposited under
City of Armstrong Rates, Fees and Charges Bylaw:
a) less any non-refundable portion of the fee; and
b) less 15% of the refundable portion of the fee.
Final Inspection
10.58) No person shall occupy a building or structure or part of a building or structure until a final
inspection report has been issued by a Building Official.
10.59) A final inspection report shall not be issued unless:
a) all letters of assurance have been submitted when required in accordance with this
bylaw;
b) all aspects of the work requiring inspection and acceptance pursuant to sections
10.29 through 10.37 of this bylaw have both been inspected and accepted or the
inspections and acceptance are not required in accordance with this bylaw;
c) the owner has provided to the City as-built plans of works and services as required
by the City;
d) the owner has provided to the City a building survey prepared by a British Columbia
Land Surveyor showing the building height determined in accordance with the
City's land use regulations;
e) all other documentation required under applicable enactments, including in relation
to gas and electrical matters;
f) as built drawings are delivered to the City on paper and in a digital pdf format on a
memory stick.
10.60) When a registered professional provides letters of assurance in accordance with this
bylaw, the City will rely solely on the letters of assurance when issuing a final inspection
report as assurance that the items identified on the letters of assurance substantially
comply with the Building Code, this bylaw and other applicable enactments respecting
safety.
10.61) A Building Official may issue a final inspection report for part of a building or structure
when the part of the building or structure is self-contained and provided with essential
services and the requirements set out in section 10.59 of this bylaw have been met with
respect to it.
10.62) A final inspection report is required for a complex building.
10.63) A final inspection report for a complex building may not be issued unless:
City of Armstrong Building Bylaw 1903, 2022
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a) all letters of assurance and the Confirmation of Required Documentation in the
form provided by the City have been submitted when required in accordance with
the requirements of this bylaw;
b) all aspects of the work requiring inspection and review pursuant to Part 9 and
sections 10.29 through 10.37 of this bylaw have both been inspected and
accepted;
c) the owner has executed and delivered to the City every agreement, instrument or
form required by the City in relation to the work or the site; and
d) all required offsite works respecting safety have been completed.
10.64) A Building Official may issue a final inspection report for partial occupancy of a portion of
a building or structure under construction when
a) That portion of building or structure is self-contained and provided with essential
services respecting health and safety aspects of the work, and if applicable,
accessibility, GHG emissions and conservation; and
b) The requirements out in section 10.59 have been met with respect to it.
Numbering of Buildings
10.65) Immediately upon issuance of a building permit governing the construction, alteration, or
repair of a building, or prior to and during the occupancy of a building, the owner or
occupant must display the address number assigned to it by the City
a) On or over the entrance to the building or where landscaping or structures obscure
the visibility of a building entrance from the adjacent highway, on the building
property within sight of the adjacent highway; and
b) Until such time as the building is removed from the site or has been demolished.
10.66) Despite 10.65 the City may renumerate or alter the assigned numbers in respect of any
building on any parcel, including those already in existence or numbered.
10.67) Without limiting 10.65 or 10.66 the Building Official must, on the issuance of a building
permit, designate a house or set of house numbers related to the building authorized by
the permit. The owner or occupier must post the numbers posted in a conspicuous location
at all times during construction.
10.68) Without limiting sections 10.65 through 10.67, on issuance of a final inspection the owner
or occupier of the parcel must affix the numbers permanently in a conspicuous place on
the building such that the number is visible from an adjacent highway that is not a lane.
PART 11: RETAINING WALLS
Permit
11.1) No person may construct, or structurally repair, a retaining wall without a building permit.
Design and field review services and applicable letters of assurance must be provided by
the registered professionals for all retaining walls.
Design and Field Review
11.2) A registered professional must undertake the design and conduct field reviews of the
construction or structural repair of a retaining wall. Sealed copies of the design plan and
letters of assurance prepared by the registered professional for all retaining walls must be
submitted to a Building Official prior to issuance of a permit for the work.
City of Armstrong Building Bylaw 1903, 2022
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PART 12: POOLS
12.1) Without limiting section 5.1 of this bylaw, no person may construct, or structurally repair,
a swimming pool without a valid and subsisting building permit.
Swimming Pool Fencing
12.2) A swimming pool, including a spa or hot tub, over 0.6 m in depth, must be enclosed within
a fence constructed without footholds or grips that children may use to climb into the
enclosed area, having a minimum height of 1.5 metres and no openings greater than 100
mm at their least dimension.
Pool Gate
12.3) Access through a fence enclosing a swimming pool, spa or hot tub must be only through
a self-closing and self-latching gate designed and constructed or installed so as to cause
the gate to return to a closed position when not in use and secured by a latch located on
the swimming pool, spa or hot tub side of the gate.
Spa or Hot Tub Lid
12.4) 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.
PART 13: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
13.1
Buildings and structures must be designed and constructed in compliance with the
applicable step of the Energy Step Code, as set in 9.36 of the Building Code.
13.2
For buildings and structures, the Owner or Agent must, to the satisfaction of the Building
Official, provide all documentation required by the Energy Step Code administrative
requirements or as required by the Building Official, prepared by an Energy Advisor or
Registered Professional.
13.3
For Part 9 buildings, the documentation required for compliance with Energy Step Code
must provide evidence to the Building Official that the Energy Advisor is registered and in
good standing with Natural Resources Canada.
PART 14: CLIMACTIC DATA
AREA
Design Temperature
Degree
Days
Below
18
oC
15
Min.
Rain
mm
One
Day
Rain
mm
Ann.
Tot.
Ppn.
mm
Ground
Snow
Load
kPa
Hourly Wind
Pressures
January
July
2.5%
2.5 %
oC
1% oC Dry
oC
Wet
oC
SS
SR
1/10
kPa
1/30
kPa
1/100
kPa
City of
Armstrong
-20
-23
33
20
3887
13
40
350
2.9
0.1
0.32
0.39
0.44
City of Armstrong Building Bylaw 1903, 2022
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PART 15: OFFENCES
Violations
15.1) 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;
c) who neglects to do anything required to be done under any provision of this bylaw,
commits an offence and on summary conviction by a court of competent jurisdiction, the
person is subject to a fine of not more than $10,000.00, or a term of imprisonment not
exceeding three months, or both, in addition to the costs of prosecution. Each day during
which a violation, contravention or breach of this bylaw continues is deemed to be a
separate offence.
15.2) Every person who fails to comply with any administrative requirement issued by a building
official, or who allows a violation of this bylaw to continue, contravenes this bylaw.
15.3) A Building Official may order the cessation of any work that is proceeding in contravention
of the Building Code or this bylaw by posting a Stop Work notice.
15.4) The owner of property on which a Stop Work notice has been posted, and every other
person, shall cease all construction work immediately and shall not do any work until all
applicable provisions of this bylaw have been substantially complied with and the Stop
Work notice has been rescinded in writing by a Building Official.
15.5) Where a person occupies a building or structure or part of a building or structure in
contravention of section 5.4 of this bylaw a Building Official may post a Do Not Occupy
notice on the affected part of the building or structure.
15.6) The owner of property on which a Do Not Occupy notice has been posted, and every
person, shall cease occupancy of the building or structure immediately and shall refrain
from further occupancy until all applicable provisions of the Building Code and this bylaw
have been substantially complied with and the Do Not Occupy notice has been rescinded
in writing by a Building Official.
Deemed Offence
15.7) An owner is deemed to have knowledge of and be liable under this bylaw in respect of any
construction on the parcel the owner owns and any change in the use, occupancy or both
of a building or structure, or part of a building or structure, on that parcel.
15.8) No person is deemed liable under section 15.7 who establishes, on a balance of
probabilities, that the construction or change of use or occupancy occurred before he or
she became the owner of the parcel.
15.9) Nothing in section 15.8 affects:
a) the City's right to require and the owner's obligation to obtain a permit; and
b) the obligation of the owner to comply with this bylaw.
15.10) Every person who fails to comply with any order or notice issued by a Building Official, or
who allows a violation of this bylaw to continue, contravenes this bylaw.
City of Armstrong Building Bylaw 1903, 2022
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Ticketing
15.11) Every person who commences work requiring a building permit without first obtaining such
a permit must, if a Stop Work notice is issued and remains outstanding for 30 days, pay
an additional charge as outlined in Municipal Ticket Information System Bylaw. Each day
during which a violation, contravention or breach of this bylaw continues is deemed to be
a separate offence.
15.12) The offences in the Municipal Ticket Information System Bylaw are designated for
enforcement under the Community Charter.
PART 16: INTERPRETATION
Definitions
16.1) In this bylaw the following words and terms have the meanings set out in section 1.4.1.2
of the Building Code as of the date of the adoption of this bylaw:
alteration, assembly occupancy, basement, building, building area, building height,
business and personal services occupancy, care or detention occupancy, chimney,
constructor, coordinating registered professional, designer, field review, firewall,
foundation, grade, high hazard industrial occupancy, industrial occupancy, medium
hazard industrial occupancy, low hazard industrial occupancy, major occupancy,
mercantile occupancy, occupancy, owner, residential occupancy and unsafe condition.
Every reference to:
a) an enactment or bylaw is a reference to the current edition, and
b) section of an enactment or bylaw is a reference to the applicable successor
sections,
As the enactment bylaw, or section thereof may be amended or re-enacted from time to
time.
16.2) Definitions of words and phrases used in this bylaw that are not included in the definitions
in this Part have the meanings commonly assigned to them in the context in which they
are used in this bylaw, taking into account the specialized use of terms with the various
trades and professions to which the terminology applies.
16.3) 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 includes the provision of two or more separate
buildings with openings between each other for intercommunication;
AGENT includes a firm, corporation or other person representing the owner, by written
designation or contract, and also includes a hired tradesperson or constructor who may
be granted a permit for work within the limitations of his or her licence;
ALTERNATIVE SOLUTION means an alternative solution authorized under the Building
Code;
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BUILDING CODE means the British Columbia Building Code as adopted by the Minister
responsible under provincial legislation, as amended or re-enacted from time to time;
BUILDING INSPECTOR means the professional designated in or appointed to that
position by Council;
BUILDING OFFICIAL includes a Building Inspector, plan checker, plumbing inspector
designated or appointed by the City;
BYLAW ENFORCEMENT OFFICER means the person(s) appointed by the City whose
duties include enforcing and carrying out the provisions of this bylaw;
CITY means the City of Armstrong;
COMPLEX BUILDING means: a building used for a major occupancy classified as
assembly occupancy, care or detention occupancy, high hazard industrial occupancy, post
disaster building, or a building exceeding 600 square metres in building area or exceeding
three storeys in building height used for a major occupancy classified as residential
occupancy, business and personal services occupancy, mercantile occupancy, or medium
and low hazard industrial, occupancy;
CONSTRUCT includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate or shore;
CRAWL SPACE means a building area or a portion of a basement of a building measuring
less than 1.8 meters from the floor to the ceiling;
ENGINEERS AND GEOSCIENTISTS ACT means the Engineers and Geoscientists Act
RSBC 1996, c. 116;
EXCAVATION means the space created by the removal of soil, rock or fill for the purpose
of construction, and includes preloading;
EXISTING in respect of a building, means that portion of a building constructed prior to
the submission of a permit application required under this bylaw;
GHG means greenhouse gas;
HEALTH AND SAFETY ASPECTS OF THE WORK means design and construction
regulated by Division B Parts 3, 4, 7, 8, 9 and 10, of the Building Code;
HIGHWAY means a street, road, lane, walkway, bridge, viaduct, and any other way open
to public use. Except for highways created under Section 4 of the Highways Act, the width
of a highway is measured from lot line to lot line. A highway does not include private
easements on private property;
PERMIT means permission or authorization in writing by the Building Inspector to perform
work regulated by this bylaw and, in the case of final inspection, to occupy a building or
part of a building;
PLUMBING includes a drainage system, a venting system and a water system or parts of
such a system; municipal connections, fire sprinklers, fire suppression systems and fire
lines; drain tile and drain pipe for foundation drainage; sumps; rock pits and drywells;
City of Armstrong Building Bylaw 1903, 2022
31
POOL means any constructed or pre-fabricated structure for holding water for the purpose
of bathing or swimming, having a surface area of more than 15.0 square metres, and a
depth of more than 0.5 metres, and includes hot tubs;
PROFESSIONAL DESIGN means the plans and supporting documents bearing the date,
seal or stamp, and signature of a registered professional;
REGISTERED PROFESSIONAL means a person who is registered or licensed to practice
as an architect under the Architects Act and has experience in the practice of architecture;
or a person who is registered or licensed to practice as a professional engineer under the
Engineers and Geoscientists Act and has experience in the relevant branch of engineering
or geoscience.
RETAINING WALL means a wall, or a series of walls constructed for the purpose of
supporting or confining earth, water or other material and restraining it from moving:
a) If the wall exceeds 1.2 metres in height above the lower of natural or finished
grade; or
b) in the case of a series of walls, if any of the walls extend above a line commencing
1.2 metres above the lower of natural or finished grade at the base of any of the
walls and projected at an angle of one linear unit vertically to one unit horizontally;
SIMPLE BUILDING means a building of three storeys or less in building height, having a
building area not exceeding 600 square metres and used for a major occupancy classified
as:
a) residential occupancy;
b) modular and manufactured homes as defined in the City's zoning bylaw;
c) business and personal services occupancy;
d) mercantile occupancy;
e) medium hazard industrial occupancy; or
f) low hazard industrial occupancy.
STEP CODE means the Energy Step Code as referenced in the British Columbia Building
Code Section 9.36.6;
STRUCTURE means a construction or portion of construction, of any kind, whether fixed
to, supported by or sunk into land or water, except landscaping, fences, flag poles, patios,
paving and retaining structures less than 1.22 meters in height;
SWIMMING POOL means a structure or constructed depression used or intended to be
used for swimming, wading, or diving which is designed to contain water and has a depth,
at any point, exceeding 600mm, including an in-ground pool and hot tub;
TEMPORARY BUILDING including a sales office, construction office or structure in which
tools are stored during construction of a building or other structure;
VALUE OF THE WORK means the value calculated using a method stipulated in the
"Marshall Swift Valuation Service".
Severability
16.4) 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 shall not affect the
validity of the remaining portions of this bylaw.
City of Armstrong Building Bylaw 1903, 2022
32
PART 17: REPEAL
17.1) Building Bylaw No. 1776, 2015, and any amendments hereto, is hereby repealed.
READ a first time this 12th day of December 2022.
READ a second time this 12th day of December 2022.
READ a third time this 12th day of December 2022.
ADOPTED this 23rd day of January 2023.
Signature on File _______________
Signature on File _______________
CORPORATE OFFICER
MAYOR