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BUILDING BYLAW NO. 230, 2020
A bylaw, to regulate the construction, alteration, repairs or demolition of buildings and structures.
Village of Canal Flats
Building Regulation Bylaw No. 230, 2020
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Table of Contents
Part 1: TITLE ................................................................................................................... 5
Citation ......................................................................................................................... 5
Part 2: PURPOSE OF BYLAW ........................................................................................ 5
Part 3: SCOPE AND EXEMPTIONS ................................................................................ 6
Application .................................................................................................................... 6
Limited Application to Existing Buildings ...................................................................... 6
Part 4: PROHIBITIONS ................................................................................................... 7
Part 5: PERMIT CONDITIONS ........................................................................................ 8
Part 6: POWERS OF A BUILDING OFFICIAL ................................................................. 9
Administration .............................................................................................................. 9
Refusal and Revocation of Permits .............................................................................. 9
Right of Entry ............................................................................................................... 9
Part 7: OWNER'S RESPONSIBILITIES ...................................................................... ..10
Permit Requirements ................................................................................................. 10
Owner's Obligations ................................................................................................... 11
Damage to Municipal Works ...................................................................................... 12
Demolition .................................................................................................................. 12
Notice ......................................................................................................................... 12
Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR .............................................. 13
Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES .................................. 13
Professional Design and Field Review ....................................................................... 13
Requirement for a Registered Professional............................................................... 13
Professional Plan Certification .................................................................................. 14
Part 10: BUILDING APPLICATION requirements .......................................................... 15
Requirements Before Applying for a Building Permit ................................................. 15
Building Permit Applications for Complex Buildings ................................................... 16
Building Permit Applications for Simple Buildings ...................................................... 19
Site and Location Information ..................................................................................... 21
Building Permit Fee .................................................................................................... 22
Security Deposit with Building Permit Application ...................................................... 22
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Permit Fee Refunds ................................................................................................. ..24
Expiration of Application for a Permit ......................................................................... 24
Issuance of a Building Permit ..................................................................................... 24
Compliance with the Homeowner Protection Act ....................................................... 25
Partial Construction .................................................................................................... 25
Conditions of a Building Permit .................................................................................. 26
Inspections ................................................................................................................. 26
Stop Work Order ........................................................................................................ 28
Do Not Occupy Notice ................................................................................................ 29
Permit Expiration ........................................................................................................ 29
Permit Extension ........................................................................................................ 29
Building Permit Revocation ........................................................................................ 29
Building Permit Cancellation ...................................................................................... 30
Occupancy Permit ...................................................................................................... 30
Temporary Buildings .................................................................................................. 31
Part 11: RETAINING WALLS AND GRADES ................................................................ 32
Part 12: BUILDING MOVE ............................................................................................. 33
Part 13: NUMBERING OF BUILDINGS ......................................................................... 33
Part 14: POOLS ........................................................................................................... ..33
Swimming Pool Permit and Fencing .......................................................................... 33
Pool Gate ................................................................................................................... 34
Spa or Hot Tub Lid ..................................................................................................... 34
Maintenance ............................................................................................................. ..34
Part 15: OFFENCES .................................................................................................... ..34
Violations.................................................................................................................. ..34
Deemed Offence ........................................................................................................ 35
Ticketing ..................................................................................................................... 35
Part 16: INTERPRETATION .......................................................................................... 36
Definitions .................................................................................................................. 36
Appendices ................................................................................................................ 39
Severability ................................................................................................................. 39
Part 17: REPEAL ........................................................................................................... 39
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Part 20: IN FORCE ...................................................................................................... ..40
Appendix A - Permit Fees ........................................................................................... ..41
Appendix B - Owners Undertaking .... ...........................................................................42
Appendix C - Climactic Information ............................................................................... 43
Notes and Acknowledgements........................................................................................44
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Village of Canal Flats
BUILDING BYLAW NO. 230, 2019
A Bylaw for Administration of the Building Code and Regulation of Construction
_________________________________________________________________________
GIVEN that the Village of Canal Flats Council
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings and
structures under sections 8(3)(g) and (l) of the Community Charter for the following under
section 53(2):
(a)
the provision of access to a building or other structure, or to part of a building or
other structure, for a person with disabilities;
(b)
the conservation of energy or water;
(c)
the reduction of greenhouse gas emissions;
(d)
the health, safety or protection of persons or property;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Canal Flats in accordance with the Community Charter and the Building
Act;
C. has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the Council of the Village of Canal Flats enacts as follows:
PART 1: TITLE
Citation
1.1
This bylaw may be cited as "Village of Canal Flats Building Bylaw No. 230, 2020".
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
Every permit issued under this bylaw is issued expressly subject to the provisions of this
Part.
2.3
This bylaw is enacted to regulate, prohibit and impose requirements in regard to
construction in the Village in the public interest.
2.4
The purpose of this bylaw does not extend to
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(a) the protection of owners, designers or constructors from economic loss;
(b) the assumption by the Village 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 the owner, with the building code, the
requirements of this bylaw, or other applicable enactments, codes or standards;
(c) providing any person a warranty of design or workmanship with respect to any
building or structure for which a building permit or occupancy permit is issued under
this bylaw;
(d) providing any person a warranty or assurance that construction undertaken under
building permits issued by the Village 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 Village and to land, the surface of
water, air space, buildings or structures in the Village.
3.2
This bylaw applies to the design, construction or occupancy of new buildings or structures,
and the alteration, reconstruction, demolition, removal, relocation or occupancy or change
of use or occupancy of existing buildings and structures.
3.3
This bylaw does not apply to
(a) except as set out in Part 11 [Retaining Walls] of this bylaw, a fence;
(b) an accessory building with a floor area of less than 10 square metres;
(c) a trellis, an arbour, a wall supporting soil that is less than 1.22 metres in height, or
other similar landscape structures on a parcel zoned for single-family residential
occupancy uses under the Village's zoning bylaw;
(d) a building or structure commonly known as "Canadian Standards Association Z240
MH series, Z241 series or A277 series", except as regulated by the Building Code.
Limited Application to Existing Buildings
3.4
Except as provided in the building code or to the extent an existing building is under
construction or does not have an occupancy permit, when an existing building has been
constructed before the enactment of this bylaw, the enactment of this bylaw is not to be
interpreted as requiring that the building must be reconstructed and altered, unless it is
expressly so provided by this or another bylaw, regulation or statute.
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3.5
This bylaw applies if the whole or any part of an existing building is moved either within or
into the Village, including relocation relative to parcel lines created by subdivision or
consolidation. Part 12 applies to building moves.
3.6
If an alteration is made to an existing building the alteration must comply with this bylaw
and the building code and the entire building must be made to comply with this bylaw and
the building code, but only to the extent necessary to addresses any new infractions
introduced in the remainder of the building as a result of the alteration.
3.7
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
A person must not commence or continue any construction, alteration, excavation,
reconstruction, demolition, removal, relocation or change the use or occupancy of any
building or structure, including other work related to construction
(a) except in conformity with the requirements of the building code and this bylaw; and
(b) unless a building official has issued a valid and subsisting permit for the work under
this bylaw.
4.2
A person must not occupy or permit the occupancy of any building or structure or part of
any building or structure
(a) unless a subsisting final inspection notice has been issued by a building official for the
building or structure or the part of the building or structure; or
(b) contrary to the terms of any permit issued or any notice given by a building official.
4.3
A person must not knowingly submit false or misleading information to a building official in
relation to any permit application or construction undertaken pursuant to this bylaw.
4.4
Except in accordance with this bylaw, including acceptance of revised plans or supporting
documents, a person must not erase, alter or modify plans and supporting documents
after the same have been reviewed by the building official, or plans and supporting
documents which have been filed for reference with the building official after a permit has
been issued.
4.5
A person must not, 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.
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4.6
A person must not 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.
4.7
A person must not interfere with or obstruct the entry of a building official or other
authorized official of the Village on property in the administration of this bylaw.
4.8
A person must not construct on a parcel unless the civic address is conspicuously posted
on the front of the premises or on a sign post so it may be easily read from the public
highway from which it takes its address.
4.9
A person must not contravene an administrative requirement of a building official made
under section 6.6 or any other provision of this bylaw.
4.10 A person must not 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.
PART 5: PERMIT CONDITIONS
5.1
A permit is required if 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 Village will in any way
(a) relieve the owner (and if the owner is acting through an agent, the agent of the owner)
from full and sole responsibility to perform the work in respect of which the permit was
issued in strict compliance with this bylaw, the building code, and all other applicable
codes, standards and enactments;
(b) constitute a representation, warranty, assurance or statement that the building code,
this bylaw or any other applicable enactments respecting safety, protection, land use
and zoning have been complied with; or
(c) constitute a representation or warranty that the building or structure meets any
standard of materials or workmanship.
5.3
No person shall rely on any permit as establishing compliance with this bylaw or assume
or conclude that this bylaw has been administered or enforced according to its terms.
5.4
Without limiting section 5.2(a), 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.
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PART 6: POWERS OF A BUILDING OFFICIAL
Administration
6.1
Words defining the authority of a building official are be construed as internal
administrative powers and not as creating a duty.
6.2
A building official may
(a) administer this bylaw, but owes no public duty to enforce or administer this bylaw;
(b) keep records of applications received, permits, notices and orders issued, inspections
and tests made, and may retain copies of all papers and documents connected with
the administration of this bylaw;
(c) establish or require an owner to establish whether a method or type of construction or
material used in the construction of a building or structure complies with the
requirements and provisions of this bylaw and the building code; and
(d) direct that tests of materials, equipment, devices, construction methods, structural
assemblies or foundations be carried out, or that sufficient evidence or proof be
submitted by the owner, at the owner's sole expense, where such evidence or proof is
necessary to determine whether the material, equipment, device, construction or
foundation condition complies with this bylaw and the building code.
Refusal and Revocation of Permits
6.3
A 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 Village
and must state the reason in writing.
6.4
A building official may revoke a permit if, in their opinion, the results of tests on materials,
devices, construction methods, structural assemblies or foundation conditions contravene
the building code or the provisions of this bylaw, or both, or if all permits required under
this bylaw have not been obtained.
Right of Entry
6.5
Subject to Section 16 of the Community Charter, a building official may enter on property
at any time to ascertain whether the requirements of this bylaw are being met.
Powers
6.6
Subject to applicable enactments, a building official may by notice in writing require
(a) a person who contravenes any provision of this bylaw to comply with that provision
within the time ordered;
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(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 Village or other applicable enactments, or if there is deemed to be
an unsafe condition, and may enter on property to affix or post a stop work order in
the form prescribed by the building official;
(c) an owner to remove or prevent any unauthorized encroachment on a public parcel, a
statutory right of way or easement, or a setback or yard required under an enactment;
(d) an owner to remove any building or structure, or any part of a building or structure,
constructed in contravention of a provision of this bylaw;
(e) an owner to have work inspected by a building official prior to covering;
(f) an owner to uncover any work that has been covered without inspection contrary to
this bylaw or an order issued by a building 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 the building official has not issued a
final inspection notice for the work;
(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.
6.7
Every reference to "owner" in section 6.6 includes a reference to the owner's agent or
constructor.
6.8
Every person served with a notice under this Part must comply with that notice
(i) within the time ordered, or
(ii) if no time is ordered, immediately.
PART 7: OWNER'S RESPONSIBILITIES
Permit Requirements
7.1
Subject to Part 10 of this bylaw, every owner must apply for and obtain a permit, prior to
(a) constructing, repairing or altering a building or structure, including a pool or retaining
wall;
(b) moving a building or structure into or within the Village;
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(c) demolishing a building or structure;
(d) occupying a new building or structure;
(e) constructing a masonry fireplace or installing a wood-burning appliance or chimney,
whether attached to, part of or detached from a building.
(f) changing the use or occupancy of a building,
unless the works are the subject of another valid and subsisting building permit.
7.2
Every owner must ensure that plans submitted with a permit application bear the name,
phone number, address and email address of the designer of the building or structure.
Owner's Obligations
7.3
Every owner must
(a) comply with the building code, the requirements of this bylaw and the conditions of a
permit, and must not omit any work required by the building code, this bylaw or the
conditions of a permit;
(b) 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; and
7.4
Every owner and every owner's 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 Village and none of the issuance of a permit under this
bylaw, the review of plans and supporting documents, or inspections made by a building
official or a registered professional shall 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 all other applicable codes, standards and enactments.
7.5
Every owner must allow a building official to enter any building or premises at any
reasonable time to administer and enforce 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.
(c)
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Damage to Municipal Works
7.6
Every owner to whom a permit is issued is responsible for the cost to repair any damage
to municipal works or land that occurs during and arises directly or indirectly from the work
authorized by the permit.
7.7
In addition to payment of a security deposit under sections 10.8 to 10.12, every owner
must pay to the Village, within 30 days of receiving an invoice for same from the Village,
the cost to repair any damage to public property or works located on public property
arising directly or indirectly from work for which a permit was issued.
Demolition
7.8
Prior to obtaining a permit to demolish a building or structure, the owner must ensure that
all municipal services and other services are capped and terminated at the property line.
7.9
Every owner must ensure that, on completion of all demolition procedures, all debris and
fill are cleared and the site is levelled or graded, or made safe if levelling and grading are
not possible.
Notice
7.10 Every owner must give written or online notice to a building official of any change in, or
termination of, engagement of a registered professional, including a coordinating
registered professional, during construction.
7.11 If an owner or a registered professional terminates the engagement of a registered
professional, including a coordinating registered professional, the owner must terminate
all work under a building permit until the owner has engaged a new registered
professional, including a coordinating registered professional, and has delivered to a
building official new letters of assurance.
7.12 Without limiting sections 10.29 to 10.44, every owner must give at least 48 hours' online
or written notice to a building official
(a) of intent to do work that is required or ordered to be corrected during construction;
(b) of intent to cover work that is required under this bylaw to be, or has been ordered to
be, inspected prior to covering; and
(c) when work has been completed so that a final inspection can be made.
7.13 Every owner must give notice in writing to a building official immediately upon any change
in ownership or change in the address of the owner which occurs prior to the issuance of
an occupancy permit.
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7.14 Every owner must give such other notice to a building official as may be required by the
building official or by a provision of this bylaw.
PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR
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, codes, standards
and enactments.
8.2
Every constructor must ensure that no excavation or other work is undertaken on public
property, and that no public is disturbed, no building or structure 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 property.
8.3
For the purposes of the administration and enforcement of this bylaw, every constructor is
responsible jointly and severally with the owner for all work undertaken.
PART 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES
Professional Design and Field Review
9.1
The provision by the owner to the Village of letters of assurance in accordance with the
requirements of the building code shall occur prior to
(a) the pre-occupancy site review coordinated by the coordinating registered professional
or other registered professional for a complex building, or
(b) a final inspection for a simple building in circumstances where letters of assurance
have been required in accordance with the requirements of the building code, in
which case the owner must provide the Village with letters of assurance in the form of
Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of
the building code.
9.2
If a registered professional provides letters of assurance in accordance with the building
code, they must also provide proof of professional liability insurance to the building official
as part of the building permit application.
Requirement for a Registered Professional
9.3
The owner must retain a registered professional to provide a professional design and plan
certification and letters of assurance in the form of Schedules A, B, C-A and C-B referred
to in subsection 2.2.7, Division C, of the building code, in respect of a permit application
(a) prior to the pre-occupancy site review coordinated by the coordinating registered
professional or other registered professional for a complex building, or
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(b) prior to a final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of the building
code, in which case the owner must provide the Village with letters of assurance in the
form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division
C, of the building code;
(c) except for garages, carports and garden structures, foundation and excavation
components of new simple buildings and additions greater than 55 square metres to
simple buildings in accordance with the building code;
(d) a building that is designed with common egress systems for the occupants and
requires the use of firewalls in accordance with the building code;
(e) prior to alterations to a building, or to a structural component of a building described in
paragraph (b);
(f) for a building in respect of which the building official determines that site conditions,
size or complexity so warrant in the interests of safety of persons or protection of
property under the building code;
(g) if the building envelope components of the building fall under Division B Part 3 of the
building code, the building contains more than two dwellings, or if the building
envelopes do not comply with the prescriptive requirements of Division B Part 9 of the
building code; and
(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
(i) for a report certified by a professional engineer with experience in geotechnical
engineering that the parcel may be used safely for the use intended, and
(ii) that the plans submitted with the application comply with the relevant provisions
of the building code and applicable bylaws of the Village.
9.4
The building official may require any registered professional carrying out the professional
design and field review required under section 9.3 to provide evidence that they have
experience and expertise in respect of the professional design and field review of the
context and scope required.
Professional Plan Certification
9.5
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 referred to in sections 9.1 and 9.3 are relied upon
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by the Village and its building officials as certification that the design and plans to which
the letters of assurance refer comply with the building code, this bylaw and other
applicable enactment.
9.6
Letters of assurance must be in the form of Schedules A and B referred to in subsection
2.2.7, Division C, of the building code.
9.7
For a building permit issued for the construction of a complex building, the building official
shall provide the owner with a notice that the building permit is issued in reliance on the
certification of the registered professional that the professional design and plans
submitted in support of the application for the building permit comply with the building
code and other applicable enactments. Any failure on the part of the building official to
provide the owner with the notice will not diminish or invalidate the reliance by the Village
or its building officials on the registered professionals.
9.8
If a building permit is issued for a construction of a complex building, the permit fee is
reduced by 10% of the fees payable under Appendix A to this bylaw, up to a maximum
reduction of $500.00 (five hundred dollars).
PART 10: BUILDING APPLICATION REQUIREMENTS
Requirements Before Applying for a Building Permit
10.1 Prior to issuance of a building permit, the owner must satisfy the following requirements or
conditions:
(a) the owner must apply for and obtain a development permit if the building or structure
is in an area designated by the Village's Official Community Plan as a development
permit area;
(b) the owner must ensure that the proposed building or structure complies with all bylaws
of the Village, except to the extent a variance of a bylaw is authorized by a
development permit, development variance permit or order of the Board of Variance;
(c) an approving officer must have approved the subdivision plan that, once registered,
would create the parcel on which the proposed building or structure will be
constructed, and the subdivision plan must have been registered in the Land Title
Office;
(d) the owner must provide evidence to the building official showing that the person
applying for the building permit is either the owner of the parcel that is the subject of
the proposed building permit, or is the agent of the owner, in which case, the agent
must provide the name and contact information of the owner;
(e) if the parcel that is the subject of the building permit application is not intended to be
connected to the Village's sewage disposal system, the owner must apply for and
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obtain approval from the Village and other applicable public authorities for an alternate
private sewage disposal system;
(f) if the parcel that is the subject of the building permit application is not intended to be
connected to the Village's waterworks system, the owner must apply for and obtain
approval from the Village and other applicable public authorities for an alternate water
supply system;
(g) if all on site and off site works and services required by a Village bylaw or other
enactment have not been completed in accordance with the enactments, the owner
must enter into a completion agreement with the Village and deliver to the Village
letters of credit or cash security for completion of the works and service.
Building Permit Applications for Complex Buildings
10.2 An application for a building permit with respect to a complex building must
(a) be made in the form of a building permit application 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 attached as Appendix B to this bylaw 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 made within 30 days of the
date of the permit application;
(d) include 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 of the building code, major occupancy classification(s) of the building,
building area and building height, number of streets the building faces, and
accessible entrances, work areas, washrooms, firewalls and facilities;
(e) include a copy of a 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;
(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;
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(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed private or other
alternative sewage disposal system, water supply system or storm water
drainage system;
(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 and proposed grade around the building faces in order to
ascertain foundation height;
(xii)
first storey floor elevation;
(xiii) location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
(xiv) line of upper floors;
(xv)
location and elevation of curbs, sidewalks, manholes, and service poles;
(xvi) location of existing and proposed service connections;
(xvii) location and species of all trees greater than 10 centimetres in diameter;
(xviii) location of top bank and water courses;
(xix) access routes for firefighting;
(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 Town'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 and occupancy classification of
all areas, including: the dimensions and height of crawl and roof spaces; the location,
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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 comply with the building code and to illustrate that the building or structure
conforms with the Village zoning bylaw and development permit;
(j) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9,
Division C of the building code;
(l) 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 approvals;
(m) include a letter of assurance in the form of Schedule A referred to in subsection 2.2.7
Division C, of the building code, signed by the owner, or a signing officer if the owner
is a corporation, and the coordinating registered professional;
(n) include letters of assurance in the form of Schedule B referred to in subsection 2.2.7
Division C, of the building code, each signed by such registered professionals as the
building official or building code may require to prepare the design for and conduct
field reviews of the construction of the building;
(o) include two sets of drawings at a suitable scale of the design prepared by each
registered professional containing the information set out in (g) to (k) of this section;
and
(p) include illustration of any slopes on the subject parcel that exceed 30%.
10.3 In addition to the requirements of section 10.2 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 Village's subdivision and development servicing bylaw;
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(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.
Building Permit Applications for Simple Buildings
10.4 An application for a building permit with respect to a simple building must
(a) be made in the form prescribed by the building official and signed by the owner, or a
signing officer if the owner is a corporation;
(b) include a copy of a title search for the relevant property made within 30 days of the
date of the permit application;
(c) include a copy of a 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;
(d) include a site plan showing
(i)
the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii)
the legal description and civic address of the parcel;
(iii)
the location and dimensions of existing and proposed statutory rights of way,
easements and setback requirements, adjacent street and lane names;
(iv)
the location and dimensions of existing and proposed buildings or structures
on the parcel;
(v)
setbacks to the natural boundary of any lake, swamp, pond or watercourse;
(vi)
north arrow;
(vii)
if applicable, location of an approved existing or proposed alternative private
or other sewage disposal system, water supply system or storm water
drainage system;
(viii) the location, dimensions and gradient of parking and parking access;
(ix)
proposed and existing setbacks to property lines;
(x)
natural and finished grade at building corners and datum determination
points;
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(xi)
first storey floor elevation;
(xii)
location, setbacks and elevations of all retaining walls, steps, stairs and
decks;
(xiii) line of upper floors;
(xiv) location and elevation of curbs, sidewalks, manholes and service poles;
(xv)
location of existing and proposed service connections;
(xvi) location of top bank and water courses;
(xvii) zoning compliance summary; and
(xviii) 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 Village's land use
regulations or provincial flood mapping regulations establish siting
requirements related to minimum floor elevation,
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;
(e) include floor plans showing the dimensions and uses of all areas, including: the
dimensions and height of crawl and roof spaces; the location, size and swing of doors;
the location, size and opening of windows; floor, wall, and ceiling finishes; plumbing
fixtures; structural elements; and stair dimensions;
(f) include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(g) include elevations of all sides of the building showing finish details, roof slopes,
windows, doors, the grade, the maximum building height line, ridge height, spatial
separations and natural and finished grade to comply with the building code and to
illustrate that the building or structure conforms with the Village zoning and
development permit;
(h) 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;
(i) 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 approvals;
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(j) except for garages, carports and garden structures located on land, include a
foundation and excavation design prepared by a registered professional in
accordance with the building code;
(k) include geotechnical letters of assurance, in addition to a required geotechnical report,
if the building official determines that the site conditions so warrant;
(l) include two sets of drawings at a suitable scale of design including the information set
out in (f) to (i) of this section; and
(m) include 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.
10.5 In addition to the requirements of section 10.4 of this Part, if a project involves
(a)
two or more buildings, the gross floor areas of which in the aggregate total more
than 1000 square metres;
(b)
two or more buildings that will contain four or more dwelling units; or
(c)
otherwise if the complexity of the proposed building or structure or siting
circumstances warrant,
a building official may require the following be submitted with a permit application for the
construction of each simple building in the project:
(d) a section through the site showing grades, buildings, structures, parking areas and
driveways;
(e) a roof plan and roof height calculations;
(f) structural, electrical, plumbing, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(g) letters of assurance in the form of Schedule B referred to in Division C of the building
code, signed by a registered professional; and
(h) any other information required by the building 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.
Site and Location Information
10.6 Without limiting sections 10.2(f) or 10.4(d) of this Part, the building official may in writing
require an owner to submit an up-to-date plan or survey prepared by a registered British
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Columbia land surveyor which contains sufficient information respecting the site and
location of any building to
(a) establish, before construction begins, that all the provisions of this bylaw in relation to
this information will be complied with;
(b) verify, on completion of the construction, that all provisions of this and other applicable
bylaw 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,
and every person served with a written requirement under this section must comply with
the requirement.
Building Permit Fee
10.7 Before receiving a building permit for a building or structure, the owner must first pay to
the Village
(a) the building permit fee prescribed in Schedule C (attached as Appendix A) of the Fees
and Charges Bylaw; and
(b) any fees, charges, levies or taxes imposed by the Village and payable under an
enactment at the time of issuance of the building permit.
Security Deposit with Building Permit Application
10.8 An applicant for a building permit must pay to the Village, upon issuance of the building
permit, the following security deposit in addition to the building permit fees outlined in
Appendix A:
(a) for a single family dwelling parking structure, combination parking structure/accessory
building, a swimming pool or an accessory building greater than 25 square metres:
equivalent of building permit fee up to $500;
(b) for a single family dwelling addition, alteration, renovation, demolition: equivalent of
building permit fee up to $500;
(c) for a new single family dwelling or simple building: equivalent of building permit fee up
to $500; and
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(d) for a complex building: equivalent of building permit fee up to $500.
10.9 The security deposit sum set out in section 10.8 of this Part
(a) covers the cost borne by the Village 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 in any building permit held by the applicant;
(b) covers the cost borne by the Village 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 provisional occupancy when the final inspection
notice makes provision for a security deposit; or
(d) serves as a security deposit to effect compliance with any condition under which the
permit was issued.
10.10 The security deposit or applicable portion must be returned to the applicant
(a) when the building official 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; and
(c) when the conditions or provisions of a provisional certificate of occupancy are
completed to the satisfaction of the building official;
only if the applicant has requested the return of the security.
10.11 Any credit greater than the amount of the security deposit used by the Village for the
purposes described in sections 10.8 to 10.10 of this Part will be returned to the permit
holder unless otherwise so directed by the permit holder. Any amount in excess of the
security deposit required by the Village to complete corrective work to public lands, public
works, or the site is recoverable by the Village from the permit holder, the constructor or
the owner of the property.
10.12 If the proposed work includes excavation or construction on lands within 10 metres of
works or services owned by the Village, the owner acknowledges and agrees that any
damage to municipal works or services arising from the construction associated with the
building permit will be repaired by the owner at their expense and to the satisfaction of the
Public Works Coordinator, and the owner must deposit with the Village security in
accordance with sections 10.8 to 10.11 of this Part.
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Permit Fee Refunds
10.13 No fee or part of a fee paid to the Village may be refunded if construction of the building
has started.
10.14 A building permit or other permit fee may be partially refunded as set out in Appendix A,
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.
10.15 A building permit or other permit fee is not refundable after the permit has been extended
under section 10.44 of this Part.
Construction Before Permit Issued
10.16 The building permit or other permit fee is doubled for every permit application if
construction commenced before the building official issued a permit, to a maximum of
$10,000.00.
Expiration of Application for a Permit
10.17 A building permit or a mechanical permit application expires 180 days from the date a
complete application is received under this Part if the building permit or mechanical permit
is not issued by the application expiration date, unless the permit is not issued only due to
delays caused by the Village.
Issuance of a Building Permit
10.18 If
(a) a completed application in compliance with sections 10.2 and 10.3 or sections 10.4
and 10.5 of this Part, including all required supporting documentation, has been
submitted;
(b) the owner has paid all applicable fees set out in sections 10.7 to 10.17 of this Part and
Appendix A;
(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;
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(e) the owner has retained an architect if required under this bylaw; and
(f) no covenant, agreement, resolution or regulation of the Village requires or authorizes
the permit to be withheld,
the building official must issue the permit, in the form prescribed by the building official, for
which the application is made, and the date of issuance is deemed to be the date the
Village gives written notice to the owner that the permit is ready to be picked up by the
owner.
10.19 Despite section 10.18, the building official may refuse to issue a permit when the owner
has been notified of a violation of this bylaw about the construction of another building or
structure by the owner.
Compliance with the Homeowner Protection Act
10.20 If the application is in respect of a building that includes, or will include, a residential
occupancy governed by the Homeowner Protection Act, the building permit must not be
issued unless the owner provides evidence under section 30(1) of the Homeowner
Protection Act, that the proposed building
(a) is covered by home warranty insurance; and
(b) the constructor is a licensed "residential builder" as defined in that Act.
10.21 Section 10.20 of this Part does not apply if the owner is not required to be licensed and to
obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the
Homeowner Protection Act.
10.22 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.
Partial Construction
10.23 If a site has been excavated under a building permit for excavation issued under this
bylaw and a building permit is not subsequently issued or a subsisting building permit has
expired under section 10.43, but without the construction of the building or structure for
which the building permit was issued having commenced, the owner must fill in the
excavation to restore the original gradients of the site within 60 days of being served
notice by the Village to do so.
10.24 If a building permit has expired and partial construction has progressed, with no extension
requested of the building official under section 10.44, permanent type fencing with privacy
screen complying with the Village's Zoning Bylaw, must be erected around the building
site for protection to the public.
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Conditions of a Building Permit
10.25 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 non-refundable fee required under Appendix A. The transfer or assignment of a
building permit is not an extension of a building permit.
10.26 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.
Inspections
10.27 If a registered professional provides letters of assurance in accordance with this Part, the
Village will rely solely on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to this bylaw and the building code as assurance
that the construction substantially conforms to the design, plans and specifications and
that the construction complies with the building code, this bylaw and other applicable
enactments respecting safety.
10.28 Despite section 10.27 of this Part, 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.
10.29 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.
10.30 For all work in respect of simple buildings the owner must give at least 48 hours' notice to
the Village when requesting an inspection and must obtain an inspection and receive a
building official's written acceptance of the following aspects of the work prior to
concealing them
(a) after demolition, the grading of and removal of debris from the site;
(b) excavation, within 24 hours of the start of excavation;
(c) foundation and footing forms, before concrete is poured;
(d) prior to inspection under section 10.30(e), plumbing located below the finished slab
level;
(e) the preparation of ground, including ground cover when required, perimeter insulation
on inside of concrete foundation walls and reinforcing steel;
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(f) after inspection under section 10.30(e) hydronic heating pipes and below slab
insulation;
(g) installation of rough-in plumbing before it is covered;
(h) installation of building services before being covered;
(i) rough in of factory built chimneys and fireplaces and solid fuel burning appliances;
(j) framing, sheathing, fire stopping (including drywall in fire separations), bracing,
chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting,
exterior doors and windows, but prior to the installation of insulation, interior finishes,
sheathing paper or exterior finishes which would conceal such work;
(k) insulation and vapour barrier;
(l) construction of an exterior deck if the deck serves as a roof;
(m) on-site constructed tubs or showers and tub or shower trap tests;
(n) the installation of wall sheathing membrane, externally applied vapour or air barrier,
stucco wire or lath, and flashings, but prior to the installation of exterior finishes which
could conceal such work; and
(o) the health and safety aspects of the work and the accessibility aspects of the work
when the building or structure is substantially complete, ready for occupancy but prior
to occupancy.
10.31 A building official will only carry out an inspection under section 10.30 if the owner or the
owner's agent has requested the inspection in accordance with this bylaw.
10.32 Despite the requirement for the building official's acceptance of the work outlined in
section 10.30, if a registered professional provides letters of assurance, the Village 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.
10.33 No person may conceal any aspect of the work referred to in section 10.30 of this bylaw
until a building official has accepted it in writing.
10.34 For work in respect of complex buildings, the owner must
(a) give at least 48 hours' notice to the Village when requesting a preconstruction meeting
with the building official prior to the start of construction, and the owner or his or her
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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 Village when requesting a pre-occupancy
coordinated by the coordinating registered professional or other registered
professional 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 Village requirements and other enactments respecting
safety and the conservation, and accessibility aspects of the work; and
Stop Work Order
10.35 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 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 Village or the applicable
provisions of the Homeowner Protection Act.
10.36 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
official must consider such a request and, if not acted upon, must respond, in writing, to
the coordinating registered professional and give reasons.
10.37 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 10.35.
10.38 The owner must immediately, after the posting of a notice under section 10.35, 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 Village.
10.39 Subject to section 10.35, no work other than the required remedial measures may be
carried out on the parcel affected by the notice referred to in section 10.35 until the stop
work order notice has been removed by the building official.
10.40 The notice referred to in section 10.35 must remain posted on the premises until that
which is contrary to the enactments has been remedied.
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Do Not Occupy Notice
10.41 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in the
form prescribed by the building official on the affected part of the building or structure.
10.42 If a notice is posted under section 10.41, 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 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.
Permit Expiration
10.43 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;
(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.
Permit Extension
10.44 A building official may extend the period set out under section 10.43 for only one period,
not to exceed twelve months, if 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, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in Appendix A has been paid.
Building Permit Revocation
10.45 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 Village,
such permit revocation must be in writing and sent to the permit holder by signature mail
to, or personal service on, the permit holder.
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Building Permit Cancellation
10.46 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.
10.47 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".
10.48 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".
10.49 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 Appendix A, less
(a) any non-refundable portion of the fee; and
(b) 15% of the refundable portion of the fee.
Occupancy
10.50 No person may occupy a building or structure or part of a building or structure until a final
inspection notice has been issued by a building official.
10.51 A final inspection notice will 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 7.11
to 7.14 of Part 7 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 Village a building survey prepared by a British
Columbia Land Surveyor showing the building height, size, location and elevation
determined in accordance with the Village's land use regulations at the discretion of
the building official;
(d) all other documentation required under applicable enactments has been delivered to
the Village; and
(e) the owner has delivered to the Village any as-built drawings of the building or structure
in digital format as required by the Village.
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10.52 When a registered professional provides letters of assurance in accordance with this
bylaw, the Village will rely solely on the letters of assurance when issuing a final report
authorizing occupancy as assurance that the items identified on the letters of assurance
substantially comply with the design, the building code, this bylaw and other applicable
enactments respecting safety.
10.53 A building official may issue a final inspection notice for partial occupancy of a portion of a
building or structure under construction when
(a) that portion of the building or structure is self-contained and provided with essential
services respecting health and safety aspects of the work, and
(b) the requirements set out in section 10.51 have been met with respect to it.
10.54 A final inspection notice may not be issued unless
(a) all letters of assurance and the Confirmation of Required Documentation 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
10.27 through 10.34 of this bylaw have both been inspected and accepted;
(c) the owner has executed and delivered to the Village every agreement, instrument or
form required by the Village in relation to the work or the site; and
(d) all required offsite works respecting safety have been completed.
Temporary Buildings
10.55 Subject to the bylaws of the Village and orders of Council, the building official may issue a
building permit for the erection or placement of a temporary building or structure for
occupancy if
(a) the permit is for a period not exceeding one year; and
(b) the building or structure is located in compliance with the Village's zoning bylaw, built
in compliance with the building code and this bylaw, and connected, as required by
enactments, to Village utility services.
10.56 An application for a building permit for the erection or placement of a temporary building
or structure must be made in the form of a temporary permit application in the form
prescribed by the building official, signed by the owner or agent, and must include
(a) plans and supporting documents showing the location and building height of the
building or structure on the parcel;
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(b) plans and supporting documents showing construction details of the building or
structure;
(c) a statement by the owner indicating the intended use and duration of the use;
(d) plans and supporting documents showing the proposed parking and loading space;
(e) a written description of the project explaining why the building is temporary;
(f) a copy of an issued development permit, if required;
(g) in the case of a manufactured building, a CSA label in respect of manufacture and,
without limitation, a Quonset or other steel building must be certified in accordance
with CSA Standard A660;
(h) a report or drawing by an engineer, architect or designer confirming compliance with
the building code, this bylaw, the Village's zoning bylaw and other applicable bylaws;
(i) security in the form of cash or a letter of credit for 10% of the value of the temporary
building, which security
(i)
may be used by the Village to remove the building after one year of the date
of the final inspection required under this bylaw; or
(ii)
must be returned to the owner if the owner removes the temporary building
within one year of the date of the final inspection of the temporary building
required under this bylaw; and
(j) in the case of a temporary building, information to comply with article 1.1.1.1(2)(f),
Division C of the Building Code.
10.57 Before receiving a building permit for a temporary building or structure for occupancy, the
owner must pay to the Village the applicable building permit fee set out in Appendix A.
10.58 A permit fee for a temporary building or structure is not refundable.
PART 11: RETAINING WALLS AND GRADES
11.1 No person may construct, or structurally repair, a retaining wall without a building permit.
11.2 Except as certified by a professional engineer with expertise in geotechnical engineering
registered in the province of British Columbia, fill material placed on a parcel, unless
restrained by permitted retaining walls, must not have a surface slope exceeding a ratio of
one linear unit vertically to two linear units horizontally.
11.3 Without limiting section 11.2, no person may occupy a building unless the finished grade
complies with all applicable enactments.
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PART 12: BUILDING MOVE
12.1 No person may move a building or structure into or within the Village
(a) except where certified by a registered professional that the building, including its
foundation, will substantially comply with the current version of the building code; and
(b) a building permit has been issued for the building or structure.
PART 13: NUMBERING OF BUILDINGS
13.1 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 Village
(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.
13.2 Despite section 13.1, the Village may renumber or alter the assigned numbers in respect
of any building on any parcel, including those already in existence or numbered.
13.3 Without limiting sections 13.1 or 13.2, the building official must, on the issuance of a
building permit, designate a house number or set of house numbers related to the building
authorized by the permit. The owner or occupier must post the number or numbers on the
site immediately after obtaining the building permit and keep the numbers posted in a
conspicuous location at all times during construction.
13.4 Without limiting sections 13.1 through 13.3, on issuance of an occupancy permit, 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 14: POOLS
Swimming Pool Permit and Fencing
14.1 Without limiting section 5.1 of this bylaw, a person must not construct, or structurally
repair, a swimming pool without a valid building permit.
14.2 A swimming pool, including a spa or hot tub 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 1.22 metres and no openings greater than 100 mm at their greatest
dimension.
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Pool Gate
14.3 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
14.4 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.
Maintenance
14.5 A person may not use or occupy a swimming pool, including a spa or hot tub unless the
owner or occupier of property on or in which a pool, spa or hot tub is located maintains
every fence or cover required under sections 14.2 to 14.4 in good order, and without
limitation, maintains and repairs in good order at all times all sagging gates, loose parts,
torn mesh, missing materials, worn latches, locks or broken or binding members.
Leaks or Other Failures
14.6 A person may not obtain a valid and subsisting building permit for or use or occupy a
swimming pool without first delivering to the building official at the time of the building
permit application an opinion of a registered professional that the design of the pool will
not cause or result in leaks or other failures of the pool.
PART 15: OFFENCES
Violations
15.1 Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this bylaw;
and
(c) neglects to do anything required to be done under any provision of this bylaw,
commits an offence and on summary conviction by a court of competent jurisdiction, the
person is subject to a fine of not more than $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.
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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 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 Appendix A of this bylaw.
Deemed Offence
15.4 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.
15.5 No person is deemed liable under section 16.4 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.
15.6 Nothing in section 16.5 affects
(a) the Village'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.
Ticketing
15.7 The offences in the Municipal Ticketing Bylaw are designated for enforcement under s.
264 of the Community Charter.
15.8 The following persons are designated as bylaw enforcement officers under section 264(1)
(b) of the Community Charter for enforcing the offences in the Municipal Ticketing Bylaw:
building officials, fire inspectors and persons designated by Council as bylaw enforcement
officers.
15.9 The words or expressions set forth in Column 1 of the Municipal Ticketing Bylaw are
authorized pursuant to s. 264(1)(c) of the Community Charter to designate the offence
committed under the bylaw section number appearing in Column 2 opposite the
respective words or expressions.
15.10 The amounts appearing in Column 3 of the Municipal Ticketing Bylaw are the fines
established pursuant to s. 265(1)(a) of the Community Charter for the corresponding
offence designated in Column 1.
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Building Regulation Bylaw No. 230, 2020
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PART 16: INTERPRETATION
Definitions
16.1 In this bylaw
accepted means reviewed by the building official 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 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;
alteration means a change, repair or modification of the construction or arrangement of or
use of any building or structure, or to an occupancy regulated by this bylaw;
Architects Act means the Architects Act RSBC 1996, c. 17;
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 official means the person designated in or appointed to that position by the
Village of Canal Flats, and includes a building inspector, plan checker, or plumbing
inspector designated or appointed by the Village, and for certainty the building official is
the "building inspector" referred to in the Community Charter and Local Government Act;
complex building means:
(a) a building used for a major occupancy classified as:
(i)
assembly occupancy;
(ii)
care occupancy;
(iii)
detention occupancy;
(iv)
high hazard industrial occupancy,
(v)
treatment occupancy; or
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(vi)
post-disaster building,
(b) a building exceeding 600 square metres in building area or exceeding three storeys in
building height used for a major occupancy classified as:
(i)
residential occupancy;
(ii)
business and personal services occupancy;
(iii)
mercantile occupancy; or
(iv)
medium and low hazard industrial occupancy,
coordinating registered professional means a registered professional retained pursuant to
the building code to coordinate all design work and field reviews of the registered
professionals required for a development;
construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate,
reconstruct, demolish, remove, excavate or shore;
constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC
1996, c. 116;
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;
foundation means a system or arrangement of foundation units through which the loads
from a building are transferred directly to supporting soil or rock and includes any portion
of the exterior walls of a building that lie below the finished grade immediately adjacent to
the building;
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by Parts
3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the building code; and subject to Parts 1 and 2 in
relation to Parts 3 through 10, Division B;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form attached as Appendix B;
permit means permission or authorization in writing by the building official to perform work
regulated by this bylaw and, in the case of a final inspection notice, to occupy a building or
part of a building;
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pool means a structure or constructed depression used or intended to be used for
swimming, bathing, wading or diving which is designed to contain water and has a depth,
at any point, exceeding 0.6 m, including an in-ground pool and hot tub;
professional design means the plans and supporting documents bearing the date, seal or
stamp, and signature of a registered professional;
project means any construction operation;
retaining wall means a structure exceeding 1.2 metres in height that holds or retains soil
or other material behind it;
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) business and personal services occupancy;
(c) mercantile occupancy;
(d) medium hazard industrial occupancy; or
(e) low hazard industrial occupancy,
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, paving and retaining
structures less than 1.22 meters in height;
temporary building includes a sales office, construction office or a structure in which tools
are stored during construction of a building or other structure;
value of the work means that amount that is calculated as follows:
(a) for construction of a building containing a residential occupancy that is served by only
one stove, or two stoves if permitted as an auxiliary and secondary residential
occupancy, the greater of the declared value of the work;
(b) for all other construction, the greater of
(i)
the declared value of the work; or
(ii)
the value calculated using a method stipulated in the "Marshall Valuation
Service".
16.2 In this bylaw the following words and terms have the meanings
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(a) set out in section 1.4.1.2 of the building code as of the date of the adoption of this
bylaw: accessible assembly occupancy, building, building area, building height,
business and personal services occupancy, care occupancy, constructor, coordinating
registered professional, designer, detention occupancy, excavation, field review,
firewall, first storey, grade, high hazard industrial occupancy, industrial occupancy, low
hazard industrial occupancy, major occupancy, medium hazard industrial occupancy,
mercantile occupancy, occupancy, post disaster occupancy, private sewage disposal
system, registered professional, residential occupancy, treatment occupancy or
unsafe condition;
(b) subject to this bylaw, set out in the Schedule to the Community Charter: assessed
value, highway, land, occupier, parcel, public authority, service and soil; and
(c) subject to this bylaw, set out in section 29 of the Interpretation Act: may, must,
obligation, person, property, writing, written and year.
16.3 Every reference to this bylaw in this or another bylaw of the Village is a reference to this
bylaw as amended to the date of the reference.
16.4 Every reference to
(a) the building code is a reference to the current edition as of the date of issuance of the
building permit; and
(b) a section of the building code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
16.5 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, considering the specialized use of terms with the various trades
and professions to which the terminology applies.
Appendices
16.6 Appendices A through C are attached to and form part of this bylaw.
Severability
16.7 If a section, subsection, paragraph, subparagraph or phrase of this bylaw is for any
reason declared invalid by a court of competent jurisdiction, the decision will not affect the
validity of the remaining portions of this bylaw.
PART 17: REPEAL
17.
Regional District Regulation Bylaw No. 1400, 1998, as amended, is repealed.
Village of Canal Flats
Building Regulation Bylaw No. 230, 2020
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Appendix A
BUILDING PERMIT FEES
BUILDING PERMIT FEES
Declared or Assess Value
$1,000 or less
For each additional $1000 or
fraction thereof up to $50,000
For each additional $1000
$75.00
$11.00
$ 8.00
Construction, reconstruction, addition, extension, alteration and repair of any building or any
other work requiring a permit and not specifically listed here.
Minimum Fee
$75.00
Re-inspection Fee
As determined by the authority having jurisdiction, based on
evaluation of current construction costs for the area or firm
contract price.
$75.00
RELATED PERMIT FEES
1. Separate chimney/fireplace construction
$75.00
2. Demolition Permit
$175.00
3. Moving Permit
$175.00
4. Temporary building permit per unit
5. Modular home placement (private land)
6. Single-wide or double wide mobile home placement in
mobile home park
7. Building permit renewal (minimum)
or $2.00 per $1,000 of value of work to be completed
Whichever is highest
*Any building either built on site or off site is to be
charged at current construction values excluding only
mobile homes in mobile home parks.
$50.00
$500.00
$150.00
$75.00
PLUMBING PERMIT FEES
For the first 5 plumbing fixtures
Each additional plumbing fixture thereafter
$75.00
$10.00 each
SECURITY DEPOSIT
Due upon issuance of the building permit and refunded after final
inspections are complete and acceptable to the building official and by
request of the applicant.
Equal to the building permit
fee to a maximum of $500.
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Building Regulation Bylaw No. 230, 2020
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APPENDIX B
Village of Canal Flats
Bylaw No. 230, 2020
Owner's Undertaking
Property Address:
Legal Description:
Building Permit #:
1.
This undertaking is given by the undersigned, as the owner of the property described above,
with the intention that it be binding on the owner and that the Village will rely on same.
2.
I confirm that I have applied for a building permit pursuant to "Village of Canal Flats Building Bylaw
No. 230, 2020" (the "Bylaw") and that I have carefully reviewed and fully understand all of the
provisions of the Bylaw and in particular, understand, acknowledge and accept the provisions
describing the purpose of the Bylaw, the conditions under which permits are issued, the disclaimer
of warranty or representation and the limited extent of the scope of the Bylaw and inspections
thereunder.
3.
Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility to ensure
compliance with the Building Code and the Bylaw whether any work to be performed pursuant to
the permit applied for is done by me, a contractor or a registered professional.
4.
I am not in any way relying on the Village or its building officials, as defined under the Bylaw, to
protect the owner or any other persons as set out in Part 3 of the Bylaw and I will not make any
claim alleging any such responsibility or liability on the part of the Village or its building officials.
5.
I hereby agree to indemnify and save harmless the Village and its employees from all claims,
liability, judgments, costs and expenses of every kind which may result from negligence or
from the failure to comply fully with all bylaws, statutes and regulations relating to any work or
undertaking in respect of which this application is made.
6.
I am authorized to give these representations, warranties, assurance and indemnities to the
Village.
Owner's Information:
Name:
(PRINT)
Address:
Tel. No.:
Cell No.:
Email.:
This undertaking is executed by the owner this
day of
,
.
(Day)
(Month)
(Year)
Village of Canal Flats
Building Regulation Bylaw No. 230, 2020
APPENDIX C
CLIMATIC INFORMATION
DESIGN SNOW LOADS
There have been significant changes to design snow loads for buildings in some
locations in the province. This is the result of the collection of an additional twenty
years of data as well as the addition of more measuring stations through the province.
Suggested snow loads for various BC locations are listed in the Supplement to the
1990 NBC. However, values established by a political jurisdiction such as a
municipality or regional district, by a local building bylaw, take precedent over values
listed in the Supplement.
Snow loads are specified as "ground snow loads'. For building roof design these ground
loads must be converted to roof loads. A new method of calculating roof snow loads
has been incorporated in the 2006 BC Building Code. This new method accounts for
the fact that the total snow loading has two components:
1. A snow component, S(s) which is based on a 50-year probability; and
2. A rain component, S(r) which accounts for an additional loading due to
wetting of the snow by rain.
As before, a reduction factor to account for drifting snow is applied to the ground snow
load to determine the roof snow load. This factor is not applied to the rain component
since rain does not 'drift'. This results in the following formula for calculating roof snow
load:
Where C(b) = the basic snow load roof factor, 0.5 for the entire width of a roof
less than 4.3 m and 0.6 for all other roofs.
Example:
What is the design snow load for a house (over 4.3m in width) located in Canal Flats?
Use data from the Supplement.
From the Supplement, S(s) = 2.5 kPa S(r) = 0.2
s = (0.6 x 2.5) + 0.2 s = 1.7 kPa
Municipality
Ground
Snow Load
(kPa)
Total
Ground
Snow/Rain
Load
Design
Load
Elevation
Latitude
and
Longitude
S(s)
S(r)
(psf)
kPa
psf Metres
Feet
Canal Flats
2.5
0.2
2.7
56
1.7
36
818
2683 50°
9'N
115° 49"W
43
Village of Canal Flats
Building Regulation Bylaw No. 230, 2020
Notes &
Acknowledgements
Notes:
Village of Canal Flats Building Bylaw No. 230, 2020 was adopted by Canal Flats Village
Council on __, 20__ and became effective on that date. It replaced RDEK Building
Bylaw No. 1400, 1998 which was simultaneously rescinded on that date. This Bylaw is
subject to change by Council. A current listing of any and all amendments can be
obtained from the Village Office.
This document has been consolidated for convenience only. The official Bylaw and
amendments thereto, available from the Village Office and Village Website, should be
consulted for all purposes of interpretation and application.
Questions concerning the interpretation and application of this Bylaw should be directed
to the Village of Canal Flats Administration.
Bylaws for Amendments:
44