District of Barriere Building Regulations Bylaw No. 128
Barriere, British Columbia
· No. 128
· adopted 2015-12-07
· summary & facts
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DISTRICT OF BARRIERE
BUILDING REGULATIONS
BYLAW No. 128
District of Barriere
P.O. Box 219
4936 Barriere Town Road
Barriere BC V0E-1E0
Phone: 250-672-9751
Fax: 250-672-9708
District of Barriere
Building Regulations Bylaw No. 128
CONTENTS
Division
Title
Page
Division One
Preamble
1
Division Two
Definitions
4
Division Three
Prohibitions and Special Provisions
6
Division Four
Authority of Building Official
8
Division Five
Duties and Responsibilities of the Owner
10
Division Six
General Permit Regulations
13
Division Seven
Plumbing
17
Division Eight
Complex Buildings
19
Division Nine
Standard Buildings
23
Division Ten
Relocation of a Building or Structure
27
Division Eleven
Demolition
29
Division Twelve
Temporary Buildings
31
Division Thirteen
Professional Design and Field Review
33
Division Fourteen
Professional Plan Certification
34
Division Fifteen
Inspections
35
Division Sixteen
Occupancy Approval
38
Division Seventeen
Fees & Charges
39
Division Eighteen
Disclaimer of Warranty or Representation
40
Division Nineteen
Penalties and Enforcement
41
Division Twenty
Appendices
42
Appendix A
Owners Undertaking Letter
43
Appendix B
Registered Professional's Proof of Insurance
46
Appendix C
Climatic Data
47
District of Barriere
BYLAW NO. 128
A BYLAW TO REGULATE THE CONSTRUCTION, ALTERATION, REPAIR,
MOVING OR DEMOLITION OF BUILDINGS AND STRUCTURES
WHEREAS Section 694 (1) of the Local Government Act of British Columbia provides that
Council may, by bylaw, for the health, safety and protection of persons or property, regulate
the construction, alteration, repair or demolition of buildings and structures and regulate the
installation, alteration or repair of plumbing (including septic tanks and sewer connections);
AND WHEREAS Order in Council 295, approved December 18, 1998, passed pursuant to
Section 692 of the Local Government Act as amended provides that the British Columbia
Building Code as amended, added to, or varied from time to time by regulation made under
Subsection 1 of the said Section 692 of the Local Government Act, applies to the District of
Barriere and has the same force and effect as validly enacted bylaws of the District of
Barriere;
NOW THEREFORE, the Council of the District of Barriere in open meeting assembled enacts
as follows:
1.
This Bylaw may be cited for all purposes as the "District of Barriere Building Regulations
Bylaw No. 128 ".
2.
Thompson-Nicola Regional District Building Regulations Bylaw No. 1947, 2003 and all
amendments thereto are hereby repealed.
DIVISION ONE - PREAMBLE
1.1
Purpose of Bylaw
The bylaw, shall, notwithstanding any other provision herein, be interpreted in
accordance with this section.
1.1.1 This bylaw has been enacted for the purpose of regulating construction within
the District of Barriere in the general public interest. The activities undertaken by
or on behalf of the District of Barriere pursuant to this bylaw are for the sole
purpose of providing a limited and interim spot-checking and monitoring function
for reason of health, safety and the protection of persons and property. It is not
contemplated nor intended, nor does the purpose of this bylaw extend:
1.1.1.1
to the protection of owners, owner/builders, constructors or
occupiers from bodily injury or economic loss;
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District of Barriere Building Regulations Bylaw No. 128
1.1.1.2
to the assumption by the District of Barriere or any Building
Official of any responsibility for ensuring the conformance by any
owner, his or her agent or any employees, constructors or
designers retained by him or her, with the Building Code, the
requirements of this bylaw or other applicable enactments
respecting safety;
1.1.1.3 to providing any person a warranty of design or workmanship with
respect to any building or structure for which a building permit or
occupancy certificate is issued under this bylaw;
1.1.1.4
to providing a warranty or assurance that construction
undertaken pursuant to building permits issued by the District
of Barriere is free from latent or any defects or complies with this
bylaw;
1.1.1.5
to the assumption by the District of Barriere or any Building
Official of any responsibility for ensuring that any construction
will be geotechnically sound and will not be subject to flooding,
mud flows, debris flows, debris torrents, erosion, land slip, rock
falls, subsidence, avalanche or other geohazards.
1.2
Metric Units
Metric units are used for all measurements in this bylaw. The approximate equivalent of
those units in commonly used units of imperial measure (feet, inches, etc.) are shown in
brackets following each metric measurement and such bracketed figures are included
for convenience only and do not form part of this bylaw.
1.3
Scope and Exemptions
1.3.1 This bylaw shall apply to:
1.3.1.1
the design, construction and occupancy of a building when a
building, or part thereof, is constructed on site or is assembled or
placed on site as a factory-built unit or component;
1.3.1.2
the work involved in the demolition when the whole or any part of
a building is demolished or removed;
1.3.1.3
all parts of the building when the whole or any part of a building is
moved;
1.3.1.4
any alteration and to any part of a building affected by alterations
to an extent which, in the opinion of the Building Official reduces
the levels of public health and safety below the levels existing
prior to the alteration;
1.3.1.5
all parts of the building affected by the change of use when
occupancy and/or use of a building is changed;
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District of Barriere Building Regulations Bylaw No. 128
1.3.1.6
all such replacements and alterations when
materials and equipment regulated are replaced
or altered in a building;
1.3.1.7
any part remaining when a building is damaged or
destroyed to the extent of seventy-five (75%) percent
or more of its value above its foundations as
determined by the Building Official;
1.3.1.8
the design and construction of retaining walls where
the difference in finish grade elevation is greater than
1.2 m ( 4 ft) in height;
1.3.1.9
the design and installation of the entire system when a
plumbing system is installed, repaired, renovated or
altered;
1.3.1.10
the design and repair of the entire plumbing system
where a condition exists that is, or may become
dangerous or injurious to health, except where the
portion of the system affected is completely
independent from any other part of the system;
1.3.1.11
the design, construction, or installation of solid
fuel burning appliances, fireplaces and chimneys.
1.3.2 This bylaw does not apply to:
1.3.2.1
Buildings or structures exempted by Division A - Part 1 of the
Building Code except as expressly provided herein;
1.3.2.2
Single-storey accessory buildings less than 20 m² (215 ft²) in
building area;
1.3.2.3 Unroofed decks attached to or adjacent to single and two-family
dwellings if the deck surface is 600 mm (24 in) or less above the
adjacent ground level.
1.4
Other Enactments
Where any provincial act or regulation or any other District of Barriere bylaw
may apply to any matter covered by this bylaw, conformance with this bylaw
shall not relieve the owner or his or her agent from conforming with provisions
of such other act, regulation or bylaw.
1.5
Severability
If any provision of this bylaw is found invalid, such provision is severable and shall not
affect the validity of the remainder of this bylaw.
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District of Barriere Building Regulations Bylaw No. 128
DIVISION TWO - DEFINITIONS
All words and phrases shall have their normal or common meaning except where this is
changed, modified, or expanded by the definitions set forth in this Division, or Part 1 of the
British Columbia Building Code.
2.1
"Accepted" means accepted in writing.
2.2
"Agent" means a person, firm, or company representing the owner, by designation or
contract, and includes a hired tradesman or contractor.
2.3
"Council" means the Council of the District of Barriere.
2.4
"Bona Fide Agricultural Operation" means an operation classified as a farm by the
Assessor under the Assessment Act.
2.5
"Building Code" means the current edition of the British Columbia Building Code
adopted by the Minister pursuant to Section 692 (1) of the Local Government Act, as
amended or re-enacted from time to time.
2.6 "Building Official" includes a person or persons designated by the District of Barriere
as a Building Inspector, Plumbing Inspector or Plan Checker, and includes supervisors
for these positions.
2.7
"Complex Building" means:
2.7.1 all buildings used for major occupancies classified as:
2.7.1.1
assembly occupancies;
2.7.1.2
care or detention occupancies; or
2.7.1.3
high hazard industrial occupancies; and
2.7.2 all buildings exceeding 600 m² (6458 ft²) in building area or exceeding three
storeys in building height used for major occupancies classified as:
2.7.2.1
residential occupancies;
2.7.2.2
business and personal services occupancies;
2.7.2.3
mercantile occupancies;
2.7.2.4
medium and low hazard industrial occupancies.
2.8 "Cupola" a small structure in a similar style to the main building on top of the
main roof used to admit air flow from lower portions of the attic or roof system.
2.9.
"Construction" includes erection, repair, alteration, enlargement, addition, installation,
demolition, removal, replacement, renovation, reconstruction, or relocation of a building
or structure.
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2.10
"DOB" means the District of Barriere
2.11
Health and Safety Aspects of the Work" means design and construction regulated
by Part 3, Part 4, Part 7 and sections 9.4, 9.6, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18,
9.19, 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.35, 9.36 and subsections 9.13.4,
9.18.7 and articles 9.33.5.2, 9.33.5.3 and 9.33.10.2 of the Building Code.
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2.12
"Monitor" means the method by which a Building Official reviews the process of field
reviews as conducted by registered professionals pursuant to the Building Code and
this bylaw. The Building Official's monitoring function is satisfied by the Building
Official's receipt of the applicable letters of assurance submitted by the registered
professionals and as referred to in subsection 2.2.7 of the Building Code. Although a
Building Official may review registered professionals' field inspection reports to
ascertain field review frequency, or visit a site from time-to-time to verify that registered
professional field reviews are taking place, the Building Official is under no duty to do
so. Monitoring does not include assessment of conformity with the Building Code, this
bylaw or another enactments or the approval of any aspect of construction.
2.13
"Owner" means any person, firm or company controlling the property under
consideration.
2.14
"Permit" means a permit required or issued pursuant to this bylaw.
2.15
"Person" means in addition to its ordinary meaning, a partnership, association,
company, society and body corporate.
2.16
"Site" means a lot or lots upon which work regulated under this bylaw is undertaken or
intended to be undertaken and includes the construction thereon.
2.17
"Standard Building" means a building of three storeys or less in building height, having
a building area not exceeding 600 m² (6458 ft²) and used for major occupancies
classified as:
2.17.1
residential occupancies,
2.17.2
business and personal services occupancies,
2.17.3
mercantile occupancies, or
2.17.4
medium and low hazard industrial occupancies.
2.18
"Structure" means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land or water, but specifically excludes landscaping, fences,
paving and retaining structures less than 1.2 m (4 ft) in height.
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District of Barriere Building Regulations Bylaw No. 128
DIVISION THREE - PROHIBITIONS
3.1
No person shall, unless exempted by this bylaw or any
enactment:
3.1.1 commence or continue any construction or
change the occupancy of any building or structure,
or other work related to construction unless a
Building Official has issued a valid permit for the
work;
No Permit
3.1.2 unless authorized in writing by a Building Official,
reverse, alter, deface, cover, remove or in any way
tamper with any notice, permit or certificate posted
upon or affixed to any building, structure or site
pursuant to this bylaw;
Remove Notice
3.1.3 perform any construction that is substantially at
variance with the reviewed design or plans and
specifications for the building, structure or other
construction for which a permit has been issued,
unless that variance has been accepted by a
Building Official;
Deviation From
Plans
3.1.4 occupy, use or allow the occupancy or use of any
building or part thereof contrary to the terms of this
bylaw or any permit, notice, certificate, or decision
given or posted by the Building Official;
Illegal
Occupancy
3.1.5 knowingly or recklessly submit false or misleading
information to a Building Official in relation to any
permit application or construction undertaken
pursuant to this bylaw.
False or
Misleading
Information
3.1.6 interfere with or obstruct the entry of a Building
Official or other authorized official of the DOB on
property in the administration of this bylaw.
Obstruction of
Entry
3.2
No person having authority for construction on a site
shall cause, allow, or maintain, any unsafe condition.
3.3 No person shall construct or install a building or
structure within the DOB boundaries that does not have:
3.3.1 gable vents, vented cupola(s), or turbine roof
ventilators on or near the highest portion of the
roof structure, acceptable by the Building
Official;
3.3.2 snow clips or other snow retention devices on
metal roofing adjacent pedestrian or vehicular
areas, acceptable to the Building Official;
Unsafe
Condition
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District of Barriere Building Regulations Bylaw No. 128
3.3.3 insulated skirting on any building with the CAN/CSA
Z-240 MH Series Standard for Mobile Homes to Section
10.2 (energy efficiency) equivalent of RS1 2.1 (R12)
as indicated in the 2012 British Columbia Building
Code for foundation walls and DOB Zoning Bylaw No. 111 as amended;
3.3.4 CAN/CSA certificated LED lighting and adequate
insulation and ventilation, in the opinion of the
Building Official, in the case of pot lights installed.
3.3.5
PVC 4" or larger drain pipe and fittings to CAN/CSA-B182.1 standard for
perimeter drainage applications, as required.
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District of Barriere Building Regulations Bylaw No. 128
DIVISION FOUR - AUTHORITY OF BUILDING OFFICIAL
4.1
The Building Official:
Administration
4.1.1
may administer this bylaw;
4.1.2
may enter any land, building, structure, or
premises at any reasonable time for the purpose of
ascertaining that the terms of this or any other
District of Barriere bylaw are being observed;
Right of Entry
4.1.3 may keep records of permit applications, permits,
notices and orders issued, inspections and tests
made, and shall retain copies of all documents
related to the administration of this bylaw;
Record Keeping
4.1.4 may establish whether the construction of a
building or structure for which a permit is sought
or issued under this bylaw substantially conforms to
the requirements of the Building Code; and
Construction
Conformance
4.1.5 shall carry proper credentials confirming his or her
status as a Building Official.
Proper
Credentials
4.2
The Building Official may order:
Empowered to
Order
4.2.1 a person who contravenes this bylaw to conform
with the bylaw in a specified time period;
Conformance
4.2.2 the removal of any unauthorized encroachment on
public property;
Encroachment
4.2.3 the removal of any building or part thereof
constructed in contravention of this bylaw;
Illegal
Construction
4.2.4 the termination of any occupancy, in contravention
of this bylaw; and
Terminate
Occupancy
4.2.5 the termination of any occupancy if in the opinion of
the Building Official an unsafe condition exists
because of construction undertaken or not
completed.
Unsafe
Condition
4.3
The Building Official may, before issuing an occupancy
certificate, require the owner to provide a professional
engineer's or other appropriate certification, at the expense
of the owner, where in the opinion of the Building Official
such evidence is necessary to determine that the
requirements of this bylaw and other applicable
enactments respecting safety have been substantially
complied with.
Certification
Before
Occupancy
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District of Barriere Building Regulations Bylaw No. 128
4.4
The Building Official may direct the immediate cessation
or correction of all or any portion of the construction on
any site, by attaching an order to that effect on such
premises, when, in his or her opinion such work is not
being performed substantially in accordance with the
provisions of the Building Code or any relevant bylaws of
the District of Barriere. Such order shall remain posted
on the premises until all work that is not being performed in
accordance with the Building Code or this or any other
relevant bylaw has been remedied to the satisfaction of the
Building Official. No work, other than the required
remedial measures, shall be carried out on the portion of
the work affected by the order until such order has been
removed, and shall only be removed by the Building
Official in writing.
Stop Work Order
4.5
The Building Official may upon expiration of a building
permit, grant renewal permits for a period of twelve (12)
months each if he or she is satisfied that the construction
is progressing at a reasonable rate.
Renewal
Permits
4.6
The Building Official may refuse to issue a permit:
Permit Refused
4.6.1 if the information submitted is inadequate to
determine substantial conformance with, or is
contrary to the provisions of this bylaw or any other
applicable enactment;
4.6.2 if the information submitted is incorrect;
4.6.3 if issuance is prohibited by or is contrary to a
provision of this bylaw or any other enactment;
4.6.4 for the connection of a fireplace insert to an existing
chimney if the existing chimney has not been
previously inspected and accepted; or
4.6.5 for the connection of a wood heater or furnace to an
existing chimney if the existing chimney has not
been previously inspected and accepted.
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
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DIVISION FIVE - DUTIES AND RESPONSIBILITIES OF THE OWNER
5.1
It is the owner's responsibility, prior to commencing
construction to:
Before
Construction
5.1.1 investigate the status of the construction site and
ensure that any concerns relating to flooding,
drainage, soil stability or other potential hazards are
addressed;
Investigate
Status
5.1.2 obtain a current State of Title Certificate from the
Land Title Office to determine whether there are
encumbrances, which may affect the proposed
construction; and
State of Title
5.1.3 investigate the availability, location and capacity of
utility services to determine whether the proposed
construction can be accommodated and arrange
the plumbing to suit the location of the connections
provided for the lot in a manner satisfactory to the
Building Official.
Utilities
5.2
The owner shall, during construction:
5.2.1 allow the Building Official to enter the building or
premises at any reasonable time for the purpose of
administering and enforcing this or any other
relevant District of Barriere bylaw;
Right of Entry
5.2.2 keep posted in a conspicuous place on the property
in respect of which the permit was issued, the
placard provided by the District; and
Placard On Site
5.2.3 ensure that the reviewed plans and specifications on
which the permit is based are continuously available
at the site during working hours.
Reviewed Plans
On Site
5.3
The owner shall not continue building construction beyond
the foundation stage until:
5.3.1 the owner has provided a current certificate of
location by a registered British Columbia Land
Surveyor to certify that the building and/or structure
under construction is located on the property in
conformance with District of Barriere regulations.
Notwithstanding the requirements of this Division,
where:
Work Beyond
Foundation
Stage
Surveyors
Certificate
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5.3.1.1 the building or structure is located on a large
parcel such that setback distances to the
nearest property line are not a concern;
5.3.1.2 the building or structure is located greater
than 300 mm (12 in) from a minimum setback
as determined by exposing survey pins; or
5.3.2 the Building Official may accept a letter of
certification from the Land Surveyor in lieu of a
Certificate of Location, or may waive the requirement
entirely if satisfied that no certification is necessary.
5.4
The owner, when required by the Building Official, shall
uncover and replace at his or her own expense any work
that has been covered contrary to an order issued by the
Building Official.
Uncover and
Replace
5.5
The owner when requested by the Building Official shall
provide at his or her expense, tests or inspections
necessary to establish substantial conformance with this
bylaw in a form satisfactory to the Building Official.
Tests
5.6
The owner when requested by the Building Official shall
provide, in a form satisfactory to the Building Official,
evidence to certify substantial conformance with the
requirements of this bylaw, other applicable enactments
respecting health and safety and any permits issued.
Certification
5.7
The owner shall ensure that all work is confined within the
boundaries of the property and does not adversely affect
adjacent properties for which the permit has been issued.
Protect Adjacent
Properties
5.8
The owner is responsible for the cost to repair any damage
to District of Barriere property that may occur as a result of
undertaking work for which a permit was required under this
bylaw.
Repair Damage
to District of
Barriere
5.9
When a site is in an unsafe condition, the owner shall
promptly take all action necessary to put the site in a safe
condition.
Correct Unsafe
Condition
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5.10
The owner shall:
5.10.1 prior to the occupancy or use of any building or
structure or part thereof, after completion of
construction of the building, or part thereof,
including work required in connection with any
change in classification of occupancy of any building,
or part thereof, obtain from the Building Official an
occupancy certificate.
Notice of Intent
to Occupy
5.11
Neither the issuance of a permit under this bylaw nor the
acceptance or review of plans, drawings or supporting
documents, nor any inspections made by or on behalf of the
Municipality shall in any way relieve the owner and his or
her agent from full and complete responsibility to perform the
work in strict accordance with this bylaw, the Building Code
and other applicable enactments respecting safety.
Work in
Accordance with
Bylaws
5.12
Where, at the time of application for a building permit, works
and services exist on the land to be developed or within that
portion of a highway immediately adjacent to the land up to
the highway centre line, and if such works and services do
not meet the minimum standards established by the
Municipality Subdivision and Development Servicing Bylaw,
as amended from time to time, then as a condition of issuing
a building permit, the owner may be required to improve the
substandard works and services to at least the minimum
standards as required by the Municipality Subdivision and
Development Servicing Bylaw.
Work and
Services
Adjacent to
Property
5.13
Where work is being done subject to a permit under the
provisions of this bylaw, the owner and his or her agent
shall be completely responsible for any damage or cost to
adjacent property arising out of or incidental to the work and
shall save the District of Barriere harmless in this regard.
Protection of
Adjacent
Properties
Municipality
Saved
Harmless
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DIVISION SIX - GENERAL PERMIT REGULATIONS
6.1
A permit is required whenever work regulated by this bylaw
is to be undertaken.
Permit Required
6.2
Each building or structure to be constructed on a site
requires a separate building permit and shall be assessed a
separate building permit fee as determined in accordance
with District of Barriere Fees & Charges Bylaw as amended.
Separate
Building Permit
6.3
To obtain a permit, the owner or his or her agent shall
apply in writing on the form available from the District of
Barriere Building Department.
Application for
Permit
6.4
No person shall rely upon any permit as establishing
conformance with this bylaw or assume or conclude that this
bylaw has been administered or enforced according to its
terms. The person to whom the building permit is issued
and his or her agents are responsible for making such
determination.
6.5
The Building Official may require a registered professional
to provide design and plan certification and field reviews
supported by letters of assurance in the form of Schedules
A, B, C-A and C-B as referred to in Division C, Part 2
subsection 2.2.7 of the Building Code, if in the opinion of
the Building Official:
Registered
Professional
Required
6.5.1 the site conditions, soil types, contours or drainage
require special foundation design;
6.5.2 the proposed building or structure is not standard
construction; or
6.5.3 the proposed building or structure is of a category
requiring professional design.
6.6
Sufficient information shall be filed with each application to
clearly identify the property to be developed and to establish
that the proposed work will substantially conform to this
bylaw and other applicable enactments.
Complete
Description of
Work and
Occupancy
6.7
The Building Official may require any owner to submit an
up-to-date plan of survey by a registered British Columbia
Land Surveyor which shall contain sufficient information
regarding the site and the location of any building or
structure to:
Survey
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Building Regulations Bylaw No. 128
Page 14
6.7.1 establish prior to construction that requirements of
this bylaw and any other applicable enactments will
be complied with.
6.8
No permit shall be issued until:
Service Costs
and Permit Fees
6.8.1 off-site utilities to service the subject property are
completed to the approval of the authority having
jurisdiction or the utility providing service and all
appropriate connection fees or other construction
costs have been paid;
6.8.2 the prescribed permit fee as detailed in District of
of Barriere Fees & Charges Bylaw as amended,
has been paid; and
6.8.3 where required, security has been posted.
6.9
In instances where sanitary sewer is not available, no
permit will be issued until the Building Official is provided
with written verification that the proposed sewage disposal
system is accepted by the Interior Health Authority or other
authority charged with enforcement of prevailing sanitary
regulations.
Sewage
Disposal
6.10
When:
Issue Permits
6.10.1 a completed application in conformance with Division
7, 8, 9, 10, 11 or 12 of this bylaw, including all
required supporting documentation has been
submitted and reviewed;
6.10.2 the owner or his or her agent has paid all applicable
fees set out in District of Barriere Fees & Charges
Bylaw as amended;
6.10.3 the owner or his or her agent has paid all charges
and met all requirements imposed by any other
applicable statute or bylaw; and
6.10.4 no covenant, agreement, or regulation of the
District of Barriere authorizes the permit to
be withheld; then
6.10.5 a Building Official shall issue the permit for which
the application is made.
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Page 15
6.11
The Building Official may issue, at the risk of the owner, a
permit for the construction of a portion of a building or
structure prior to all required plans and specifications for the
whole building or complex having been submitted or
reviewed, provided:
Phased
Construction
6.11.1 plans and specifications for the portion in question
have been submitted in sufficient detail to satisfy the
Building Official that the work to be done will
substantially conform with all requirements of the
Building Code and any other applicable enactment;
and
6.11.2 adequate information and detailed statements have
been filed to the extent that the Building Official is
satisfied the remainder of the building or structure
will substantially conform with all applicable
enactments.
6.13
Every permit is issued upon the condition that the permit
shall expire and the rights of the owner under the permit
shall terminate if the work authorized by the permit is not
commenced within six (6) months or is not completed within
three (3) years of the issuance of a permit.
Permit Expiry
6.14
The Building Official may grant renewal permits for a
further twelve (12) months each if he or she is satisfied the
construction is progressing in accordance with the
reviewed plans at a reasonable rate of progress. A permit
renewal fee shall be paid in accordance with District of
Barriere Fees & Charges Bylaw as amended.
Permit Renewal
6.15
The Building Official may revoke a permit where:
Permit
Revocation
6.15.1 there is a contravention of any term or condition
under which the permit was issued;
6.15.2 there is a contravention of any provision of the
Building Code or other applicable enactment; or
6.15.3 the permit was issued on the basis of incorrect
information supplied by or on behalf of the applicant;
and
6.15.4 the permit holder shall be notified in writing of the
revocation.
6.16
A registered professional shall undertake the design and
conduct field reviews of the construction of a retaining
structure greater than 1.2 m (4 ft) in height. Sealed copies
of the design and plan certification and field reviews by
Retaining Wall
Greater Than
1.2m High
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Page 16
means of letters of assurance in the form of Schedule B and
C-B as referred to in subsection 2.2.7 of the Building Code
shall be submitted to the Building Official.
6.17
For the purpose of identification, and as a condition of
occupancy, every parcel of real property containing a
building subject to a permit under this bylaw must display
the street address or other lot identification by means of a
clear and legible sign.
Site
Identification
6.18
Where the District of Barriere has caused a notice to be
filed on the title of a property in accordance with Section 57
of
the Community Charter, the notice may be removed
provided:
Notice Removal
Fee
6.18.1 The owner has obtained a new permit for the
correction of the construction;
6.18.2 The deficient construction has been corrected and
completed so that the conditions which gave rise to
the filing of the notice have been rectified; and
6.18.3 The owner has paid a title notice removal fee in
accordance with District of Barriere Fees & Charges
Bylaw as amended.
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DIVISION SEVEN - PLUMBING
7.1
Application for a permit shall be in writing on the form avail-
able from the Development Services Department, and shall:
Application for
Permit
7.1.1
be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, his or her agent, or a signing officer if the
owner is a company;
7.1.2 state the number of fixtures to be installed in the
building;
Number of
Fixtures
7.1.3 include specifications and drawings made to a
suitable scale, for the plumbing system with respect
to multi-family, institutional, commercial and
industrial buildings showing:
Plans and
Specifications
7.1.3.1 site services, including size and location of
pipes;
7.1.3.2 site drainage, including size and location of
pipes, catch basins and dry wells;
7.1.3.3 total fixture load on sanitary sewer and
water supply systems;
7.1.3.4 sanitary riser diagram complete with fixture
loads at the base of stacks; and
7.1.3.5 rainwater leaders, size of pipe and area of
roof drained;
7.1.4 contain any and all other information necessary to
establish substantial conformance with this bylaw;
and
Other
Information
7.1.5
include drawings designed by a registered profes-
sional, for complex buildings, and buildings with
complex plumbing systems as determined by the
Building Official.
Registered
Professional For
Complex
Plumbing
7.2 There shall be separate connections to utility services for
each separate parcel of land within the District of
Barriere connected to such utilities.
Individual
Services
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7.3 Except where specifically required by the District of
Barriere and where a legal right-of-way has been obtained
and such plans are accepted by the Utilities Department,
no plumbing system, drainage system, house sewer, private
sewage disposal system or parts thereof, shall be located in
any lot other than the property which is the site of the
building, structure, or premises serviced by such facilities.
Connection On
Property It
Serves
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DIVISION EIGHT - COMPLEX BUILDINGS
8.1
An application for a building permit with respect to a
complex building shall:
Application For
Permit
8.1.1
be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, or a signing officer if the owner is a
company;
8.1.2
be accompanied by the owner's acknowledgment of
responsibility and undertakings made in the form
attached as Appendix "A" to this bylaw, signed by
the owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
8.1.3
include a copy of a title search made within thirty
(30) days of the date of the application;
Title Search
8.1.4 include site plans drawn to suitable scale and
referenced to the current registered legal survey for
the subject property which shall show:
Site Plans
8.1.4.1 the legal description and address of the site;
8.1.4.2 by dimensions from property lines, the
location of any proposed building or
structure;
8.1.4.3 means of access and egress to service the
property and a detailed parking layout;
8.1.4.4 by dimension from property lines, the
location of any other existing building or
buildings on the site;
8.1.4.5 existing and finished ground levels to an
established datum;
8.1.4.6 all easements and rights-of-way whether
registered or not, and the setbacks to the
natural boundary of any lake, swamp, pond
or watercourse;
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8.1.4.7 for other than single and two family
dwellings, provisions for garage containers,
proposed method of screening and a
detailed landscape treatment for the site;
and
8.1.4.8 the Building Official may waive the
requirements for a site plan, in whole or in
part, where the permit is sought for the
repair or alteration of an existing building or
structure.
8.1.5 include building plans drawn to suitable scale
showing sufficient information to determine
substantial conformance with this bylaw including but
not limited to:
Building Plans
8.1.5.1 foundation plans
8.1.5.2 floor plans showing the dimensions and
uses of all areas;
8.1.5.3 the dimensions and height of crawl and roof
spaces;
8.1.5.4 the location, size and swing of doors;
8.1.5.5 the location, size and opening of windows;
8.1.5.6 floor, wall, ceiling and roof finishes;
8.1.5.7 components of fire protection including;
8.1.5.7.1
firewalls
8.1.5.7.2
degree of fire separation of
storeys, shafts and rooms
8.1.5.7.3
fire detection, suppression and
alarm system
8.1.5.8 plumbing fixtures;
8.1.5.9 structural, mechanical, and electrical
elements;
8.1.5.10 stair, handrail and guard dimensions;
8.1.5.11 a cross section, through the building or
structure illustrating foundations, drainage,
ceiling heights and construction systems;
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8.1.5.12 elevations of all sides of the building or
structure showing finishes, roof slopes, roof
top equipment screening, windows, doors,
and finished grade; and
8.1.5.13 cross-sectional details drawn at sufficient
locations to illustrate that the building or
structure substantially conforms to the
Building Code;
8.1.6
include copies of approvals required under any
enactment relating to health or safety, including,
without limitation, sewage disposal permits, highway
access permits and Ministry of Health approval;
Approvals From
Other Agencies
8.1.7
include a letter of assurance in the form of Schedule
A as referred to in subsection 2.2.7 of the Building
Code, signed by the owner, or a signing officer of
the owner if the owner is a company, and the
Coordinating Registered Professional.
Schedule A
8.1.8
include letters of assurance in the form of Schedule
B as referred to in subsection 2.2.7 of the Building
Code, each signed by such registered professionals
as the Building Official or Building Code may
require to prepare the design for and conduct field
reviews of the construction of the building or
structure.
Schedule B
8.1.9
include one (1) copy of specifications and two (2)
sets of drawings at a suitable scale of the design
prepared by each registered professional and
including the information set out in section 8.1.5 of
this bylaw.
Number of Plans
8.1.10 include any other information required by the
Building Official or the Building Code to establish
substantial conformance with this bylaw, the
Building Code and other applicable enactments
relating to the building or structure.
Complete
Description of
Work and
Occupancy
8.2
In addition to the requirements of section 8.1.4, the following
may be required by a Building Official to be submitted with
a building permit application for the construction of a
complex building where in the opinion of the Building
Official the complexity of the proposed building or structure
or siting circumstances warrant:
Other
Information May
Be Required
8.2.1 site servicing drawings, including sufficient detail of
off-site services to indicate locations at the property
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line, prepared and sealed by a registered
professional;
8.2.2 a section through the site showing grades, buildings,
structures, parking areas and driveways; and
8.2.3 any other information required by the Building
Official or the Building Code to establish
substantial conformance with this bylaw, the
Building Code and other bylaws and applicable
enactments relating to the building or structure.
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DIVISION NINE - STANDARD BUILDINGS
9.1
An application for a building permit with respect to a
standard building shall:
Application For
Permit
9.1.1 be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, or a signing officer if the owner is a
company;
9.1.2
be accompanied by the owner's acknowledgment of
responsibility and undertakings made in the form
attached as Appendix "A" to this bylaw, signed by
the owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
9.1.3 include a copy of a title search made within thirty
(30) days of the date of the application;
Title Search
9.1.4 include site plans drawn to suitable scale and
referenced to the current registered legal survey for
the subject property which shall show:
Site Plans
9.1.4.1 the legal description and address of the site;
9.1.4.2 by dimensions from property lines, the
location of any proposed building or
structure;
9.1.4.3 means of access and egress to service the
property and a detailed parking layout;
9.1.4.4 by dimension from property lines, the
location of any other existing building or
buildings on the site;
9.1.4.5 existing and finished ground levels to an
established datum;
9.1.4.6 all easements and rights-of-way whether
registered or not, and the location of natural
water courses;
9.1.4.7 for other than single and two family
dwellings, lot coverage and floor area ratio
calculation;
9.1.4.8 for other than single and two family
dwellings, provision for garbage containers,
proposed method of screening and a
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detailed landscape treatment for the site;
and
9.1.4.9 the Building Official may waive the
requirements for a site plan, in whole or in
part, where the permit is sought for the
repair or alteration of an existing building or
structure.
9.1.5 include building plans drawn to suitable scale
showing sufficient information to determine
substantial conformance with this bylaw including but
not limited to:
Building Plans
9.1.5.1 foundation plans
9.1.5.2 floor plans showing the dimensions and
uses of all areas:
9.1.5.3 the dimensions and height of crawl and roof
spaces;
9.1.5.4 the location, size and swing of doors;
9.1.5.5 the location, size and opening of windows;
9.1.5.6 floor, wall, ceiling and roof finishes;
9.1.5.7 components of fire protection including;
9.1.5.7.1
firewalls;
9.1.5.7.2
degree of fire separation of
storeys, shafts and rooms; and
9.1.5.7.3
fire detection, suppression and
alarm system.
9.1.5.8 plumbing fixtures;
9.1.5.9 structural, mechanical and electrical
elements;
9.1.5.10 stair, handrail and guard dimensions;
9.1.5.11 a cross section, through the building or
structure illustrating foundations, drainage,
ceiling heights and construction systems;
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9.1.5.12 elevations of all sides of the building or
structure showing finishes, roof slopes,
roof top equipment screening, windows,
doors, and finished grade; and
9.1.5.13 cross-sectional details drawn at sufficient
locations to illustrate that the building or
structure substantially conforms to the
Building Code.
9.1.6
include copies of approvals required under any
enactment relating to health or safety, including,
without limitation, sewerage disposal permits, and
Ministry of Health approvals.
Approvals From
Other Agencies
9.1.7 include two (2) sets of drawings at a suitable scale
including the information set out in sections 9.1.5 of
this bylaw.
9.1.8 include any other information required by the
Building Official or the Building Code to establish
substantial conformance with this bylaw, the
Building Code, and any other bylaw or enactments
relating to the building or structure.
9.2
In addition to the requirements of section 9.1.4, the following
may be required by a Building Official to be submitted with
a building permit application for the construction of a
Standard building where in the opinion of the Building
Official the complexity of the proposed building or
structure or siting circumstances warrant:
Complete
Description of
Work and
Occupancy
Other
Information May
Be Required
9.2.1 site servicing drawings, including sufficient detail of
off-site services to indicate locations at the property
line, prepared and sealed by a registered
professional;
9.2.2 a section through the site showing grades, buildings,
structures, parking areas and driveways;
9.2.3 a roof plan and roof height calculations;
9.2.4 structural, electrical, mechanical or fire suppression
drawings prepared and sealed by a registered
professional;
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9.2.5 letters of assurance in the form of Schedule B as
referred to in subsection 2.2.7 of the Building Code,
signed by the registered professional; and
9.2.6 any other information required by the Building
Official or the Building Code to establish
substantial conformance with this bylaw, the
Building Code, and other bylaws and any other
bylaw or enactments relating to the building or
structure.
Other
Information May
Be Required
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DIVISION TEN - RELOCATION OF A BUILDING OR STRUCTURE
10.1
An application for a permit with respect to the relocation of
a building other than a factory built building shall:
Application For
Permit
10.1.1 be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, or a signing officer if the owner is a
company;
10.1.2 be accompanied by the owner's acknowledgment of
responsibility and undertakings made in the form
attached as Appendix "A" to this bylaw, signed by
the owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
10.1.3 include a copy of a title search made within thirty
(30) days of the date of the application;
Title Search
10.1.4 include site plans drawn to suitable scale and
referenced to the current registered legal survey for
the subject property and shall show:
Site Plans
10.1.4.1 the legal description and civic address of
the parcel;
10.1.4.2 by dimensions from property lines, the
location of any proposed building or
structure;
10.1.4.3 means of access and egress to service
the property and a detailed parking layout;
10.1.4.4 by dimension from property lines, the
location of any other existing building or
structure on the site;
10.1.4.5 existing and finished ground levels to an
established datum;
10.1.4.6 all easements and rights-of-way whether
registered or not, and the location of
natural water courses;
10.1.4.7 for other than single and two family
dwellings, lot coverage and floor area
ratio calculation; and
10.1.4.8 for other than single and two family
dwellings, provision for garbage
containers, proposed method of screening
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and a detailed landscape treatment for the
site.
10.1.5 identify the existing location of the building or
structure and proposed location to which the
building or structure is to be moved; and
10.1.6 provide written verification by the appropriate utility
authorities that all utility services have been
disconnected and/or sealed as required.
10.2
Every application for a permit to relocate a building or
structure shall be accompanied by security in a form
acceptable to the Building Official, and in an amount equal
to the estimated cost of completing the building or structure
in its new location. The amount so estimated shall be
acceptable to the Building Official, but in no case shall the
security be less than Five Thousand Dollars ($5,000.00).
Security
10.3
Should a building or structure which has been relocated
subject to the provisions of this Division not be completed
within one year from the date of issuance of the permit, the
Building Official may send a written notice to the owner
stating that the building does not conform with this bylaw or
other enactment and direct the owner to remedy the non-
conformance within thirty (30) days from the date of service
of the notice. If the non-conformance is not remedied within
the period of thirty (30) days, the Building Official may
draw upon the security on deposit and take whatever action
is necessary to effect completion of the building and site.
Action to
Complete
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DIVISION ELEVEN - DEMOLITIONS
11.1
An application for a permit with respect to a demolition
shall:
Permit Required
11.1.1 be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, or a signing officer if the owner is a
company;
11.1.2 be accompanied by the owner's acknowledgment of
responsibility and undertakings made in the form
attached as Appendix "A" to this bylaw, signed by
the owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
11.1.3 include a copy of a title search made within thirty
(30) days of the date of the application; and
11.1.4 include site plans drawn to a suitable scale and
referenced to the current registered legal survey for
the subject property which shall show:
Site Plan
11.1.4.1 the legal description and civic address of
the parcel;
11.1.4.2 location of any existing buildings or
structures on the site; and
11.1.4.3 identify the building or buildings to be
demolished.
11.2
Every person making application for a permit to demolish a
building or structure shall, as part of his or her application,
provide the Building Official with satisfactory evidence
that:
11.2.1 no unsafe condition will be created or permitted; and
11.2.2 provide written verification by the appropriate utility
authorities that all utility services have been
disconnected and/or sealed as required.
Disconnect
Services
11.3
Before issuing a permit to demolish any building or
structure, the Building Official may demand, as a condition
of issuance that security be provided in a form satisfactory
to the Building Official to ensure that the site of the
demolition will be left in a safe, neat condition, free from
debris or dust, and compatible with neighbouring properties.
The amount of the security shall be equal to the estimated
cost of site restoration and shall be acceptable to the
Security
Required
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Building Official. In the event that the site is not properly
restored to a standard satisfactory to the Building Official,
the Building Official may send written notice to the owner
requiring that the site be properly restored within thirty (30)
days from the date of service of the notice. If the restoration
is not carried out within the period of thirty (30) days the
Building Official may draw upon the security and take
whatever action is necessary to effect restoration of the site.
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DIVISION TWELVE - TEMPORARY BUILDINGS
12.1
The word "temporary", as used in this Division, shall mean a
period not exceeding one (1) year.
12.2
An application for a permit with respect to a temporary
building or structure shall:
Application for
Permit
12.2.1 be submitted to the Building Official in the form
provided by the Building Official and signed by the
owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
12.2.2 be accompanied by the owner's acknowledgment of
responsibility and undertakings made in the form
attached as Appendix "B" to this bylaw, signed by
the owner, or a signing officer if the owner is a
company;
Owner's
Undertaking
12.2.3 include a copy of a title search made within thirty
(30) days of the date of the application;
Title Search
12.2.4 include site plans drawn to suitable scale and
referenced to the current registered legal survey for
the subject property which shall show:
Site Plans
12.2.4.1 the legal description and civic address of
the parcel;
12.2.4.2 by dimensions from property lines, the
location of proposed building or structure;
12.2.4.3 means of access and egress to service
the property and a detailed parking layout;
12.2.4.4 by dimension from property lines, the
location of any other existing building or
structure on the site;
12.2.4.5 existing and finished ground levels to an
established datum;
12.2.4.6 all easements and rights-of-way whether
registered or not, and the location of
natural water courses;
12.2.4.7 for other than single and two family
dwellings, lot coverage and floor area
ratio calculation; and
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12.2.4.8 for other than single and two family
dwellings, provision for garbage
containers, proposed method of screening
and a detailed landscape treatment for the
site; and
12.2.5 include security in a form and amount satisfactory to
the Building Official but in any event not less than
Two Thousand Dollars ($2,000.00) in value, to
guarantee that the building or structure will be
removed from the site within the time limit indicated.
Security
12.3
Temporary buildings shall conform to the requirements of this
bylaw and the siting requirements of the DOB Zoning Bylaw
No. 111 as amended from time to time.
Conformance
With Zoning
Bylaw
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DIVISION THIRTEEN - PROFESSIONAL DESIGN AND FIELD REVIEW
13.1
When a Building Official considers that the site conditions,
size or complexity of a development or an aspect of a
development warrant, he or she may require a registered
professional to provide design and plan certification and
field review supported by letters of assurance in the form of
Schedules B and C-B referred to in subsection 2.2.7 of the
Building Code.
Certification of
Plans
13.2
Prior to the approval of a final inspection for a complex
building, or standard building in circumstances where
letters of assurance have been required in accordance with
sections 6.5, 6.16, 8.1.7, 8.1.8, 9.2.5 or 13.1 of this bylaw,
the owner shall provide the District of Barriere with letters
of assurance in the form of Schedules C-A or C-B, as is
appropriate, referred to in subsection 2.2.7 of the Building
Code.
Schedule C
13.3
When a registered professional provides letters of
assurance in accordance with sections 6.5, 6.16, 8.1.7,
8.1.8, 9.2.5, 13.1 or 13.2 of this bylaw, he or she shall also
provide proof of professional liability insurance to the
Building Official in the form of Appendix "B" to this bylaw.
Liability
Insurance
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DIVISION FOURTEEN - PROFESSIONAL PLAN CERTIFICATION
14.1
The letters of assurance in the form of Schedule B referred
to in subsection 2.2.7 of the Building Code and provided
pursuant to sections 6.5, 6.16, 8.1.7, 8.1.8, 9.2.5, and 13.1
of this bylaw are relied upon by the District of Barriere
and its Building Officials as certification that the design
and plans to which the letters of assurance relate
substantially conform to the Building Code and other
applicable enactments relating to health and safety.
Letters of
Assurance
14.2
A building permit issued pursuant to the requirements of
this bylaw shall include a notice to the owner that the
building permit is issued in reliance upon the certification of
the registered professionals that the design and plans
submitted in support of the application for the building
permit conform with the Building Code and other
applicable enactments relating to safety.
Notice of
Reliance to the
Owner
14.3
When a building permit is issued in accordance with the
requirements of this Division the permit fee shall be
reduced pursuant the District of Barriere Fees &
Charges Bylaw No. 73 as amended.
Fee Reduction
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DIVISION FIFTEEN - INSPECTIONS
15.1
When a registered professional provides letters of
assurance in accordance with sections 6.5, 6.16, 8.1.7,
8.1.8, 9.2.5, 13.1 or 13.2 of this bylaw, the District of
Barriere will rely solely on the letters of assurance submitted
pursuant to section 13.2 of this bylaw as certification that the
construction substantially conform to the design, plans and
specifications and that the construction complies with the
Building Code, this bylaw and other applicable enactments.
Rely Solely on
Letters of
Assurance
15.2
Notwithstanding section 15.1 of this bylaw, a Building
Official may attend the site from time to time during the
course of construction to ascertain that the field reviews
are taking place and to monitor the field reviews
undertaken by the registered professionals.
Monitor Field
Reviews
15.3
A Building Official may attend periodically at the site of the
construction of standard buildings or structures to
ascertain whether the Health And Safety Aspects Of The
Work are being carried out in substantial conformance with
those portions of the Building Code, this bylaw and any
other applicable enactment concerning safety.
Site Visits
15.4
The owner, or his or her agent, shall give a minimum of one
business day's notice to the District of Barriere of the
following aspects of the work and, in the case of a Standard
Building, shall obtain an inspection and receive a Building
Official's acceptance of the following aspects of the work
prior to concealing it:
Notice of
Construction
Stages
15.4.1 of intent to do work that has been ordered by the
Building Official inspected during construction;
15.4.2 of intent to cover work that has been ordered by the
Building Official to be inspected prior to covering;
15.4.3 when work has been completed so that a final
inspection can be made;
15.4.4 and, while not limiting the generality of the foregoing,
at the following stages of construction:
15.4.4.1 when the forms for footings are complete,
but prior to placing of any concrete
therein;
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15.4.4.2 when concrete slab damp-proofing or soil
gas control measures have been installed,
but prior to pouring a concrete slab;
15.4.4.3 when foundation concrete damp-proofing,
waterproofing and perimeter drains are
complete, or after framing of a preserved
wood foundation wall and floor assembly
and application of damp-proofing, but
prior to any backfill being placed;
15.4.4.4 when the building sanitary, storm and water
service pipes are installed but prior to backfilling;
15.4.4.5 when framing and sheathing of the building
are complete, including the installation of
roof membrane, all exterior doors and
windows, fire-stopping, bracing, chimneys,
duct work, plumbing, gas venting and
wiring, but before any insulation, drywall or
other interior or exterior finish is applied
which would conceal such work;
15.4.4.6 when the rough-in plumbing system,
including interior water supply and drain
waste and vent piping are complete, but
before any such plumbing is covered;
15.4.4.7 when exterior stucco wire and flashing is
complete but prior to placement of any
scratch coat thereon;
15.4.4.8 when insulation and vapour barrier
are complete but prior to placement
of any finish thereon;
15.4.4.9 during the construction of any masonry
fireplace, when cantilevered hearth forms
are in place but prior to pouring concrete;
at the smoke chamber stage; for a free-
standing masonry chimney, at the thimble
stage; before any factory-built or site
constructed fireplace or chimney is
enclosed by combustible material; and
before the chimney cap is placed on a
masonry chimney; and
15.4.5.0 when all work is complete but prior to
occupancy.
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128 2066,
Page 37
15.5
For greater certainty, in the case of Complex Buildings,
the requirement under 15.4 to notify the District of
Barriere of the listed stages of construction does not
oblige the District of Barriere to attend the site for
inspections, monitoring or any other purpose.
No Inspection
Obligation For
Complex
Building
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128 2066,
Page 38
DIVISION SIXTEEN - OCCUPANCY CERTIFICATE
16.1
No person shall occupy or use a building or structure or
part of a building or structure until an occupancy certificate
has been issued.
Occupancy
Prohibited
16.2.
An occupancy certificate shall not be issued unless:
Occupancy
certificate
16.2.1 all letters of assurance have been submitted when
required in accordance with sections 6.5, 6.16, 8.1.7,
8.1.8, 9.2.5, 13.1 and 13.2 of this bylaw; and
16.2.2 all aspects of the work requiring inspection and
acceptance pursuant to section 15.4 of this bylaw
have been inspected and accepted.
16.2.3 the District of Barriere Utility Services Certificate
of Inspection has been satisfactorily completed.
16.3
A Building Official may issue an occupancy approval for
part of a building or structure when that part of the building
or structure is self-contained, provided with essential
services and meets health and safety requirements.
Partial
Occupancy
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128 2066,
Page 39
DIVISION SEVENTEEN - FEES AND CHARGES
17.1
In addition to applicable fees and charges required under
other bylaws, a permit fee, calculated in accordance with
DOB Fees & Charges Bylaw No. 73 as amended, shall be
paid in full prior to issuance of any permit under this
bylaw.
17.2
The application fee as set out in District of Barriere Fees &
Charges Bylaw No. 73 and its amendments, shall
accompany an application made for a building permit to this
bylaw.
Permit Fee
Calculation
Application Fee
17.2.1 The permit application fee is non-refundable.
Non-refundable
Application Fee
17.2.2 An application shall be cancelled and the permit
application fee forfeited if the permit has not been
issued and the permit fee paid within six (6) months
of the date of notification to the owner that the
permit is ready to be issued.
Permit
Cancellation
17.2.3 When an application is cancelled the plans and
related documents submitted with the application
may be destroyed.
Plans and
Documents may
be destroyed
17.3
The owner may obtain a refund of the permit fees set out in
DOB Fees & Charges Bylaw No. 73 as amended when a
permit is surrendered and cancelled before any
construction begins, provided:
Refund of
Permit Fee
17.3.1 the refund shall not include the permit application
fee paid pursuant to section 17.2 of this bylaw.
17.4
Where, due to non-conformance with this bylaw, more than
two inspections are necessary when one inspection is
normally required, for each inspection after the second
inspection, a re-inspection charge as set out in DOB Fees &
Charges Bylaw No. 73 as amended shall be paid prior to
additional inspections being performed.
Re-inspection
Fee
17.5
Where a required inspection is requested to be done after
the hours during which the offices of the District of Barriere
are normally open, an inspection charge shall be payable
based on the time actually spent in making such inspection,
including travel time.
After Hours
Inspection
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 40
DIVISION EIGHTEEN - DISCLAIMER OF WARRANTY OR REPRESENTATION
18.1
Neither the issuance of a permit under this bylaw nor the
acceptance or review of plans, drawings or specifications or
supporting documents, nor any inspections made by or on
behalf of the District of Barriere constitute in any way a
representation, warranty, assurance or statement that the
Building Code, this bylaw or other applicable enactments
have been complied with.
Disclaimer
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 41
DIVISION NINETEEN - PENALTIES AND ENFORCEMENT
19.1
Every person violating any provision of this bylaw commits
an offence punishable on summary conviction to a fine of
not less than One Hundred Dollars ($100.00) or more than
Ten Thousand Dollars ($10,000.00) or to imprisonment of
not more than six (6) months for each offence. A separate
offence shall be deemed to be committed on each day
during or on which a violation occurs or continues.
Penalties
19.2
Every person who fails to conform with any order or notice
issued by a Building Official, or who allows a violation of
this bylaw to continue, contravenes this bylaw.
19.3
A Building Official may order the cessation of any work that
is proceeding in contravention of the Building Code or this
bylaw, or other applicable enactments by posting a Stop
Work Order.
Stop Work Order
19.4
The owner of property on which a Stop Work Order 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 Order has
been rescinded in writing by a Building Official.
Stop Work Order
Cease All Work
19.5
Where a person occupies a building or structure or part of
a Building or structure in contravention of section 3.1.4 of
this bylaw a Building Official may post a "Do Not Occupy"
notice on the affected part of the building or structure.
Do Not Occupy
Portion of the
Building
19.6
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.
Do Not Occupy
Notice
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 42
DIVISION TWENTY - APPENDICES
20.1
The Appendices attached to this bylaw form part of and are enforceable in the
same manner as this bylaw.
READ A FIRST TIME this 23rd day of November, 2015.
READ A SECOND TIME this 23rd day of November, 2015.
READ A THIRD TIME this 23rd day of November, 2015.
RECONSIDERED AND ADOPTED this 7th day of December, 2015.
Original signed by,
Original signed by,
Mayor
Corporate Officer
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 43
OWNER(S) UNDERTAKING LETTER
OWNER(S) UNDERTAKING LETTER
Forming Part of Building Regulation Bylaw NO. 128
Notes:
1. This Appendix "A" document must be:
a. signed by the owner(s) of the property for which a building permit is sought in the
presence of a witness; and
b. submitted to the District of Barriere prior to issuance of a building permit.
2. This document will have legal consequences for the owner(s). As such, the
owner(s) is strongly encouraged by the District of Barriere to obtain independent
advice from a lawyer prior to signing and submitting this Appendix A document.
ATTENTION: BUILDING OFFICIAL
RE:____________________________________________________________________ (the "Property")
(Legal Description of Property)
Building Permit Application No. (OFFICE USE) ______________________________(the "Project")
In consideration of the District of Barriere (DOB) accepting and processing an application for a building
permit in respect of the Project, and as required by the District of Barriere Building Regulations Bylaw,
the following representations, warranties and indemnities are given to the District of Barriere.
1.
I am:
( )
the/an owner of the Property; or
( )
where the Property is owned by a company, I am authorized by the owner-company to
sign this undertaking letter on behalf of the company.
Name:
Address:
2.
I understand and acknowledge that the owner of the Property is fully responsible for carrying out
the work, or having the work carried out by a contractor or a registered professional, to ensure
compliance with the current version of the Building Code, the District of Barriere Building
Regulations Bylaw, other applicable District Bylaws or any other applicable enactments.
3.
I understand and acknowledge that neither:
a) the issuance of a building permit by the District of Barriere,
b) the acceptance or review of plans and supporting documents in respect of the Project,
nor
c) any monitoring visits made by the District of Barriere Building Officials,
shall in any way constitute a representation, warranty or statement by or on behalf of the District
of Barriere that the Project complies with current version of the Building Code, the District of
Barriere's Building Regulations Bylaw, other applicable District of Barriere Bylaws or any other
applicable enactments nor relieve the owner and/or his or her agent from full and complete
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 44
responsibility to perform the work in strict accordance with Building Code, the District of
Barriere's Building Regulations Bylaw, other applicable District of Barriere Bylaws or any other
applicable enactments respecting safety.
4.
I am not in any way relying on the District of Barriere or any of the District of Barriere
Building Officials to protect:
a) the owner(s) or any future owner(s) of the Property,
b) any use or occupier of the Property, or
c) any other person(s) as contemplated in Division 1 of the current version of the District
of Barriere's Building Regulations Bylaw,
from injury or physical harm, property loss or damage, economic loss or any other form of claim
or cause of action and I will not make any claim, counterclaim, or initiate Third Party
proceedings, alleging responsibility or liability on the part of the District of Barriere or any of its
Building Officials in connection with the Project.
5. Where "Letters of Assurance of Professional Design and Commitment for Field Review" are
required, I have authorized, and am relying upon the following registered professionals to prepare
and submit adequate plans and supporting documents and conduct all appropriate and necessary
field reviews in respect of the Project:
(Print Name of each registered professional)
Coordinating:
Architectural:
Building Envelope:
Structural:
Mechanical:
Plumbing:
Fire Suppression Systems:
Electrical:
Geotechnical - temporary:
Geotechnical - permanent:
(the "Registered Professionals").
6.
I understand and acknowledge that the District of Barriere will rely solely upon the "Letters of
Assurance of Professional Design and Commitment for Field Review" prepared by the
Registered Professionals in respect of the Project to ensure compliance with the current version
of the Building Code.
7.
I understand that the word "work" in this document includes all work necessary to complete the
Project such that it is compliance with the current version of the Building Code, the District of
Barriere's Building Regulations Bylaw, other applicable District of Barriere's Bylaws and any
other applicable enactments.
8.
In the case where the Property is owned by a company, I have been authorized by the owner-
company to make the representations, warranties and assurances to the District of Barriere as
are contained in this Appendix "A" document.
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 45
9.
I have been advised by the District of Barriere that I should obtain independent advice from a
lawyer prior to signing and submitting this Appendix "A" document to the District of Barriere.
Where owner is an individual:
Signature of Witness
Witness (print name)
Address of Witness
Signature of Witness
Witness (print name)
Address of Witness
Signature of Owner
Owner (print name)
(additional owner):
Signature of Owner
Owner (print name)
(if required, reproduce and attach another
copy of this page for additional owner
signatures)
Where owner is a company:
Signature of Witness
Witness (print name)
Address of Witness
Name of Company
Signature of authorized signatory for Company
Name of authorized signatory for Company
Title of authorized signatory for Company
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 46
Appendix "B"
REGISTERED PROFESSIONAL'S PROOF
REGISTERED PROFESSIONAL'S PROOF OF INSURANCE
OF INSURANCE
Forming Part of Building Regulation Bylaw No. 128
ATTENTION: BUILDING OFFICIAL
RE:_________________________________________________________________________
(Legal Description of Property)
Building Permit No. __________________ Project Address:____________________________
Project Description:____________________________________________________________
This is to confirm that the undersigned registered professional is insured by a policy of
insurance covering liability to third parties for errors and omissions in the provision of
professional services in respect of the captioned project, a certificate of which insurance is
attached.
The undersigned will notify both the Building Official and the owner who has engaged the
undersigned to provide professional services in respect of the captioned project, in writing, of
any termination of or change in terms of the coverage provided by the policy, immediately upon
being informed of or becoming aware of such termination or change.
___________________________________
Signature of Registered Professional
___________________________________
Name of Firm
(affix seal)
District of Barriere Building Regulations Bylaw No. 128
Building Regulations Bylaw No. 128
Page 47
DISTRICT OF BARRIERE
BUILDING INSPECTION DIVISION
CLIMATIC DATA
"Appendix C"
Effective January 1, 2013:
Climatic data for the design of buildings in the District of Barriere shall be deemed to be as
follows:
This information is included for convenience only and without prejudice.
1. January 2 ½% design temperature
-25 C
2. January 1% design temperature
-28 C
3. July 2 1/2 % design dry bulb temperature
34 C
4. July 2 ½% wet bulb temperature
20 C
5. Annual total degree days below 18 C
4150
6. Maximum 15 minute rainfall
10mm
7. Maximum one day rainfall 1/50
45mm
8. Annual rain
370mm
9. Annual precipitation
500 mm
10. Driving Rain/Wind Pressures, pa 1/5
80
11. Hourly wind pressures
1/10
0.27kPa
1/30
0.34kPa
1/100
0.43kPa
12. Ground snow load
Ss
2.60kPa
Ss
55 Pounds per Square Foot
Sr (Rain)
0.2kPa
*Where a building or structure member can be expected to be subjected to loads, forces
or other effects, such effects shall be taken into account in the design based on the most
appropriate information available.