District of Clearwater Building Regulation Bylaw No. 129, 2014 (Consolidated to May 4, 2021, incl. Bylaw No. 251, 2021)
Clearwater, British Columbia
· No. 129
· adopted 2014-12-16
· summary & facts
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District of Clearwater
Building Regulation Bylaw No. 129, 2014
Effective Date - December 1, 2014
Consolidated for Convenience Only
This is a consolidated version of the parent bylaw that incorporates changes made pursuant to the
following amendment bylaws:
Amendment Bylaw
Effective Date
Bylaw No. 226, 2019
November 19, 2019
Bylaw No. 251, 2021
May 4, 2021
This consolidation is for convenience and reference purposes only. Persons making use of this
consolidated version of Bylaw No. 129 are advised that it is not a legal document. For the purposes of
interpreting and applying the law, the original Bylaw No. 129 and all amending bylaws must be
consulted.
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DISTRICT OF CLEARWATER
BYLAW 129, 2014
A bylaw to regulate construction, alteration, repair, moving or
demolition of buildings and structures
WHEREAS the District of Clearwater Council considers it advisable to update the Building
Regulations Bylaw;
AND WHEREAS the Local Government Act of British Columbia provides that the District may, by
bylaw, regulate the construction, alteration, repair or demolition of buildings and structures and
regulate the installation, alteration or repair of plumbing (including septic tanks and sewer
connections);
NOW THEREFORE, the Council of the District of Clearwater in open meeting assembled enacts as
follows:
1.
PREAMBLE
1.1
Title
This Bylaw may be cited for all purposes as the "District of Clearwater Building Regulations
Bylaw 129, 2014".
1.2
Purpose of Bylaw
The bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with
this section.
This bylaw has been enacted for the purpose of regulating construction within the District in the
general public interest. The activities undertaken by or on behalf of the District pursuant to this
bylaw are for the sole purpose of providing a limited and interim spot-checking and monitoring
function for reason of health, safety and the protection of persons and property. It is not
contemplated nor intended, nor does the purpose of this bylaw extend:
(a) to the protection of owners, owner/builders, constructors or occupiers from
bodily injury or economic loss;
(b) to the assumption by the District or any Building Official of any responsibility for
ensuring the conformance by any owner, his or her agent or any employees,
constructors or designers retained by him or her, with the Building Code, the
requirements of this bylaw or other applicable enactments respecting safety;
(c) to providing any person a warranty of design or workmanship with respect to
any building or structure for which a building permit or occupancy certificate is
issued under this bylaw;
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(d) to providing a warranty or assurance that construction undertaken pursuant to
building permits is free from latent or any defects or complies with this bylaw;
and
(e) to the assumption by the District or any Building Official of any responsibility for
ensuring that any construction will be geo-technically sound and will not be
subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip,
rock falls, subsidence, avalanche or other geo-hazards.
1.3 Metric Units
Metric units are used for all measurements in this bylaw. The approximate imperial measure
equivalent of those units are shown in brackets following the metric measurement and such
bracketed figures are included for convenience only and do not form part of this bylaw.
Scope and Exemptions
1.4
This bylaw shall apply to:
(a) the design, construction and occupancy of a building when a building, or part
thereof, is constructed on site or is assembled or placed on site as a factory-
built unit or component;
(b) the work involved in the demolition when the whole or any part of a building is
demolished or removed;
(c) all parts of the building when the whole or any part of a building is moved;
(d) any alteration and to any part of a building affected by alterations to an extent
which, in the opinion of the Building Official reduces the levels of public health
and safety below the levels existing prior to the alteration;
(e) all parts of the building affected by the change of use when occupancy and/or
use of a building is changed;
(f) all such replacements and alterations when materials and equipment regulated
are replaced or altered in a building;
(g) any part remaining when a building is damaged or destroyed to the extent of
75% or more of its value above its foundations as determined by the Building
Official;
(h) the design and construction of retaining walls where the difference in finish
grade elevation is greater than 1.2 m (4 ft) in height;
(i) the design and installation of the entire system when a plumbing system is
installed, repaired, renovated or altered;
(j) the design and repair of the entire plumbing system where a condition exists
that is, or may become dangerous or injurious to health, except where the
portion of the system affected is completely independent from any other part of
the system; and
(k) design, construction, or installation of fireplaces and chimneys.
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1.5
This bylaw does not apply to:
(a) buildings or structures exempted by Division A - Part 1 of the Building Code
except as expressly provided herein;
(b) single-storey accessory buildings less than 20 m² (215 ft²) in building area;
(c) Low-Human Occupancy farm buildings less than 600 m² (6458 ft²) in building
area, when situated on land assessed as Farm and used for a Bona Fide
Agricultural Operation; and
(d) unroofed decks attached to or adjacent to single and two-family dwellings if the
deck surface is 600 mm (24 in) or less above the adjacent ground level.
1.6 Other Enactments
Where any provincial act or regulation or any other District bylaw may apply to any matter
covered by this bylaw, conformance with this bylaw shall not relieve the owner or his or her
agent from conforming with provisions of such other act, regulation or bylaw.
1.7 Severability
If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, then that invalid
portion shall be severed and the remainder of this Bylaw shall be deemed to have been adopted
without the severed portion.
2. DEFINITIONS
All words and phrases shall have their normal or common meaning except where changed,
modified, or expanded by the definitions set out in this section, or Part 1 of the British Columbia
Building Code.
"Accepted" means accepted in writing.
"Agent" means a person, firm, or company representing the owner, by designation or contract,
and includes a hired tradesman or contractor.
"Bona Fide Agricultural Operation" means an operation classified as a farm by the Assessor
under the Assessment Act.
"Building Code" means the current edition of the British Columbia Building Code pursuant to
Section 692 (1) of the Local Government Act, as amended or re-enacted from time to time.
"Building Official" includes a person or persons designated or contracted by the District as
Building Inspectors, Plumbing Inspectors or Plan Checkers, and includes supervisors for
these positions.
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"Complex Building" means all buildings used for major occupancies classified as:
(a)
assembly occupancies;
(b)
care or detention occupancies; or
(c)
high hazard industrial occupancies; and
all buildings exceeding 600 m² (6458 ft²) in building area or exceeding three storeys
in building height used for major occupancies classified as:
(d)
residential occupancies;
(e)
business and personal services occupancies;
(f)
mercantile occupancies; and
(g)
medium and low hazard industrial occupancies.
"Construction" includes erection, repair, alteration, enlargement, addition, installation,
demolition, removal, replacement, renovation, reconstruction, or relocation of a building or
structure.
"Council" means the Council of the District of Clearwater.
"District" means the District of Clearwater.
"Health and Safety Aspects of the Work" means design and construction regulated by Part 3,
Part 4, Part 7 and sections 9.4, 9.6, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17, 9.18, 9.19, 9.20,
9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.35, 9.36 and subsections 9.13.4, 9.18.7 and
articles 9.33.5.2, 9.33.5.3 and 9.33.10.2 of the Building Code.
"Low-Human Occupancy" (as applied to farm buildings) means an occupancy having an
occupant load of not more than one person per 40 m² (430 ft²) of floor area during normal
use.
"Monitor" means the method by which a Building Official reviews the process of field reviews as
conducted by registered professionals pursuant to the Building Code and this bylaw. The
Building Official's monitoring function is satisfied by the Building Official's receipt of
the applicable letters of assurance submitted by the registered professionals and as
referred to in subsection 2.2.7 of the Building Code. Although a Building Official may review
registered professionals' field inspection reports to ascertain field review frequency, or visit a
site from time-to-time to verify that registered professional field reviews are taking place, the
Building Official is under no duty to do so. Monitoring does not include assessment of
conformity with the Building Code, this bylaw or another enactments or the approval of any
aspect of construction.
"Owner" means any person, firm or company controlling the property under consideration.
"Permit" means a permit required or issued pursuant to this bylaw.
"Person" means in addition to its ordinary meaning, a partnership, association, company, society
and body corporate.
"Site" means a lot or lots upon which work regulated under this bylaw is undertaken or intended
to be undertaken and includes the construction thereon.
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"Standard Building" means a building of three storeys or less in building height, having a building
area not exceeding 600 m² (6458 ft²) and used for major occupancies classified as:
(a)
residential occupancies,
(b)
business and personal services occupancies,
(c)
mercantile occupancies, or
(d)
medium and low hazard industrial occupancies.
"Structure" means a construction or portion thereof of any kind, whether fixed to, supported by
or sunk into land or water, but specifically excludes landscaping, fences, paving and
retaining structures less than 1.2 m (4 ft) in height.
3.
PROHIBITIONS
3.1
No person shall, unless exempted by this bylaw or any enactment, undertake any of the
following:
(a) commence or continue any construction or change the occupancy of any building or
structure, or other work related to construction unless a Building Official has issued
a valid permit for the work;
(b) unless authorized in writing by a Building Official, reverse, alter, deface, cover,
remove or in any way tamper with any notice, permit or certificate posted upon or
affixed to any building, structure or site pursuant to this bylaw;
(c) perform any construction that is substantially at variance with the reviewed design or
plans and specifications for the building, structure or other construction for which a
permit has been issued, unless that variance has been accepted by a Building
Official;
(d) occupy, use or allow the occupancy or use of any building or part thereof contrary to
the terms of this bylaw or any permit, notice, certificate, or decision given or posted
by the Building Official;
(e) knowingly or recklessly submit false or misleading information to a Building Official
in relation to any permit application or construction undertaken pursuant to this
bylaw; or
(f) interfere with or obstruct the entry of a Building Official or authorized official of the
District on property in the administration of this bylaw.
3.2
No person having authority for construction, on a site shall cause, allow, or maintain any
unsafe condition.
4.
AUTHORITY OF BUILDING OFFICIAL
4.1
The Building Official:
(a) may administer this bylaw;
(b) may enter any land, building, structure, or premises at any reasonable time for the
purpose of ascertaining that the terms of this or any other District bylaw are being
observed;
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(c) may keep records of permit applications, permits, notices and orders issued,
inspections and tests made, and shall retain copies of all documents related to
the administration of this bylaw;
(d) may establish whether the construction of a building or structure for which a
permit is sought or issued under this bylaw substantially conforms to the
requirements of the Building Code; and
(e) shall carry proper credentials confirming their status as a Building Official.
4.2
The Building Official may order:
(a) a person who contravenes this bylaw to conform with the bylaw in a specified
time period;
(b) the removal of any unauthorized encroachment on public property;
(c) the removal of any building or part thereof constructed in contravention of this
bylaw;
(d) the termination of any occupancy, in contravention of this bylaw; and
(e) the termination of any occupancy if in the opinion of the Building Official an
unsafe condition exists because of construction undertaken or not completed.
4.3
The Building Official may, before issuing an occupancy certificate, require the owner
to provide a professional engineer's or other appropriate certification, at the expense
of the owner, where in the opinion of the Building Official such evidence is necessary
to determine that the requirements of this bylaw and other applicable enactments
respecting safety have been substantially complied with.
4.4
The Building Official may direct the immediate cessation or correction of all or any
portion of the construction on any site, by attaching an order to that effect on such
premises, when, in his or her opinion such work is not being performed substantially in
accordance with the provisions of the Building Code or any relevant bylaws of the
District. Such order shall remain posted on the premises until all work that is not
being performed in accordance with the Building Code or this or any other relevant
bylaw has been remedied to the satisfaction of the Building Official. No work, other
than the required remedial measures, shall be carried out on the portion of the work
affected by the order until such order has been removed, and shall only be removed
by the Building Official in writing.
4.5
The Building Official may upon expiration of a building permit, grant renewal permits
for a period of 12 months each if he or she is satisfied that the construction is
progressing at a reasonable rate.
4.6
The Building Official may refuse to issue a permit:
(a) if the information submitted is inadequate to determine substantial conformance
with, or is contrary to the provisions of this bylaw or any other applicable
enactment;
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(b) if the information submitted is incorrect;
(c) if issuance is prohibited by or is contrary to a provision of this bylaw or any other
enactment;
(d) for the connection of a fireplace insert to an existing chimney if the existing
chimney has not been previously inspected and accepted; or
(e) for the connection of a wood heater or furnace to an existing chimney if the existing
chimney has not been previously inspected and accepted.
5.
DUTIES AND RESPONSIBILITIES OF THE OWNER
5.1
It is the owner's responsibility, prior to commencing construction to:
(a)
investigate the status of the construction site and ensure that any concerns
relating to flooding, drainage, soil stability or other potential hazards are
addressed;
(b)
obtain a current State of Title Certificate from the Land Title Office to determine
whether there are encumbrances, which may affect the proposed construction;
and
(c)
investigate the availability, location and capacity of utility services to determine
whether the proposed construction can be accommodated and arrange the
plumbing to suit the location of the connections provided for the lot in a manner
satisfactory to the Building Official.
5.2
The owner shall, during construction:
(a)
allow the Building Official to enter the building or premises at any reasonable
time for the purpose of administering and enforcing this or any other relevant
District bylaw;
(b)
keep posted in a conspicuous place on the property in respect of which the
permit was issued, the placard provided by the Building Official; and
(c)
ensure that the reviewed plans and specifications on which the permit is
based are continuously available at the site during working hours.
5.3
The owner shall not continue building construction beyond the foundation stage until:
(a)
the owner has provided a current certificate of location by a registered British
Columbia Land Surveyor to certify that the building and/or structure under
construction is located on the property in conformance with District
regulations. Notwithstanding the requirements of this Division, where:
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i.
the building or structure is located on a large parcel such that setback
distances to the nearest property line are not a concern;
ii.
the building or structure is located greater than 300 mm (12 in) from a
minimum setback as determined by exposing survey pins; or
(b)
the Building Official may accept a letter of certification from the Land Surveyor in
lieu of a Certificate of Location, or may waive the requirement entirely if satisfied
that no certification is necessary.
5.4
The owner, when required by the Building Official, shall uncover and replace at his or her
own expense any work that has been covered contrary to an order issued by the Building
Official.
5.5
The owner when requested by the Building Official shall provide at his or her expense,
tests or inspections necessary to establish substantial conformance with this bylaw in a
form satisfactory to the Building Official.
5.6
The owner when requested by the Building Official shall provide, in a form satisfactory to
the Building Official, evidence to certify substantial conformance with the requirements of
this bylaw, other applicable enactments respecting health and safety and any permits
issued.
5.7
The owner shall ensure that all work is confined within the boundaries of the property and
does not adversely affect adjacent properties for which the permit has been issued.
5.8
The owner is responsible for the cost to repair any damage to District property that may
occur as a result of undertaking work for which a permit was required under this bylaw.
5.9
When a site is in an unsafe condition, the owner shall promptly take all action necessary
to put the site in a safe condition.
5.10
The owner shall, prior to the occupancy or use of any building or structure or part thereof
and after completion of construction of the building, or part thereof, including work
required in connection with any change in classification of occupancy of any building, or
part thereof, obtain from the Building Official an occupancy certificate.
5.11
Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings or supporting documents, nor any inspections made by or on behalf of the
District shall in any way relieve the owner and his or her agent from full and complete
responsibility to perform the work in strict accordance with this bylaw, the Building Code
and other applicable enactments respecting safety.
5.12
Where, at the time of application for a building permit, works and services exist on the
land to be developed or within that portion of a highway immediately adjacent to the
land up to the highway centre line, and if such works and services do not meet the
minimum standards established by the District subdivision servicing works bylaw, as
amended from time to time, then as a condition of issuing a building permit, the owner
may be required to improve the substandard works and services to at least the
minimum bylaw standard.
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5.13
Where work is being done subject to a permit under the provisions of this bylaw, the
owner and his or her agent shall be completely responsible for any damage or cost to
adjacent property arising out of or incidental to the work and shall save the District
harmless in this regard.
6.
GENERAL PERMIT REGULATIONS
6.1
A permit is required whenever work regulated by this bylaw is to be undertaken.
6.2
Each building or structure to be constructed on a site requires a separate
building permit and shall be assessed a separate building permit fee as
determined in accordance with Appendix "A" to this bylaw.
6.3
To obtain a permit, the owner or his or her agent shall apply in writing on the
available form.
6.4
No person shall rely upon any permit as establishing conformance with this
bylaw or assume or conclude that this bylaw has been administered or enforced
according to its terms. The person to whom the building permit is issued and his
or her agents are responsible for making such determination.
6.5
The Building Official may require a registered professional to provide design and
plan certification and field reviews supported by letters of assurance in the form
of Schedules A, B, C-A and C-B as referred to in subsection 2.2.7 of the Building
Code, if in the opinion of the Building Official:
(a)
the site conditions, soil types, contours or drainage require special
foundation design;
(b)
the proposed building or structure is not standard construction; or
(c)
the proposed building or structure is of a category requiring professional
design.
6.6
Sufficient information shall be filed with each application to clearly identify the
property to be developed and to establish that the proposed work will
substantially conform to this bylaw and other applicable enactments.
6.7
Prior to construction, the Building Official may require any owner to submit a
current survey plan by a registered British Columbia Land Surveyor containing
sufficient information regarding the site and location of any building or structure
to establish conformance to this bylaw and any other applicable enactment.
6.8
No permit shall be issued until:
(a)
off-site utilities to service the subject property are completed to the
approval of the authority having jurisdiction or the utility providing service
and all appropriate connection fees or other construction costs have
been paid;
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(b)
the prescribed permit fee as detailed in Appendix "A" attached to this
bylaw has been paid; and
(c)
where required, security has been posted.
6.9
In instances where sanitary sewer is not available, no permit will be issued until
the Building Official is provided with written verification that the proposed
sewage disposal system is accepted by the Interior Health Authority or other
authority charged with enforcement of prevailing sanitary regulations.
6.10
The Building Official shall issue the permit for which application is made upon:
(a)
a completed application in conformance with this bylaw, including all
required supporting documentation submitted and reviewed;
(b)
the owner or his or her agent has paid all applicable fees set out in this
bylaw;
(c)
the owner or his or her agent has paid all charges and met all
requirements imposed by any other applicable statute or bylaw; and
(d)
no covenant, agreement, or regulation of the District authorizes the
permit to be withheld.
(e)
a Building official shall issue the permit for which the application is
made.
6.11
The Building Official may issue, at the risk of the owner, a permit for the
construction of a portion of a building or structure prior to all required plans and
specifications for the whole building or complex having been submitted or
reviewed, provided:
(a)
plans and specifications for the portion in question have been submitted
in sufficient detail to satisfy the Building Official that the work to be done
will substantially conform with all requirements of the Building Code and
any other applicable enactment; and
(b)
adequate information and detailed statements have been filed to the
extent that the Building Official is satisfied the remainder of the building
or structure will substantially conform with all applicable enactments.
6.13
Every permit is issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate if the work authorized by
the permit is not commenced within six months or is not completed within two
years of the issuance of a permit.
6.14
The Building Official may grant renewal permits for a further year if satisfied the
construction is progressing in accordance with the reviewed plans at a
reasonable rate of progress. A permit renewal fee shall be paid in accordance
with Appendix "A" attached to and forming part of this bylaw.
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6.15
The Building Official may revoke a permit where:
(a)
there is a contravention of any term or condition under which the permit
was issued;
(b)
there is a contravention of any provision of the Building Code or other
applicable enactment; or
(c)
the permit was issued on the basis of incorrect information supplied by or
on behalf of the applicant; and
(d)
the permit holder shall be notified in writing of the revocation.
6.16
A registered professional shall undertake the design and conduct field reviews
of the construction of a retaining structure greater than 1.2 m (4 ft) in height.
Sealed copies of the design and plan certification and field reviews by means
of letters of assurance in the form of Schedule B and C-B as referred to in
subsection 2.2.7 of the Building Code shall be submitted to the Building
Official.
6.17
For the purpose of identification, and as a condition of occupancy, every parcel
of real property containing a building subject to a permit under this bylaw must
display the street address or other lot identification by means of a clear and
legible sign.
6.18
Where the District has caused a notice to be filed on the title of a property in
accordance with section 57 of the Community Charter, the notice may be
removed provided:
(a)
the owner has obtained a new permit for the correction of the
construction;
(b)
deficient construction has been corrected and completed so that the
conditions which gave rise to the filing of the notice have been rectified;
and
(c)
the owner has paid a title notice removal fee in accordance
with Appendix "A" of this bylaw.
7.
PLUMBING
7.1 Application for a permit shall be in writing and shall:
(a)
be submitted to the Building Official in the form provided by the Building
Official and signed by the owner, his or her agent, or a signing officer if
the owner is a company;
(b)
state the number of fixtures to be installed in the building;
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(c)
include specifications and drawings made to a suitable scale, for the
plumbing system with respect to multi-family, institutional, commercial
and industrial buildings showing:
i.
site services, including size and location of pipes;
ii. site drainage, including size and location of pipes, catch basins
and dry wells;
iii. total fixture load on sanitary sewer and water supply systems;
iv. sanitary riser diagram complete with fixture loads at the base of stacks;
and
v.
rainwater leaders, size of pipe and area of roof drained;
(d)
contain any and all other information necessary to establish
substantial conformance with this bylaw; and
(e)
include drawings designed by a registered professional, for complex
buildings, and buildings with complex plumbing systems as
determined by the Building Official.
7.2
There shall be separate connections to utility services for each separate parcel of
land within the District connected to such utilities.
7.3
Except where specifically required by the District and where a legal right-of-way
has been obtained and such plans are accepted by Utilities Department, no
plumbing system, drainage system, house sewer, private sewage disposal system
or parts thereof, shall be located in any lot other than the property which is the site
of the building, structure, or premises serviced by such facilities.
8.
COMPLEX BUILDINGS
8.1 An application for a building permit with respect to a complex building shall:
(a)
be submitted to the Building Official in the form provided by the Building
Official and signed by the owner, or a signing officer if the owner is a
company;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Appendix "B" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
(c)
include a copy of a title search issued within 30 days of the date of the
application;
(d)
include site plans drawn to suitable scale and referenced to the current
registered legal survey for the subject property which shall show:
i.
the legal description and address of the site;
ii.
by dimensions from property lines, the location of any proposed building
or structure;
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iii.
means of access and egress to service the property and a detailed
parking layout;
iv.
by dimension from property lines, the location of any other existing
building(s) on the site;
v.
existing and finished ground levels to an established datum;
vi.
all easements and rights-of-way whether registered or not, and the
setbacks to the natural boundary of any lake, swamp, pond or
watercourse;
vii.
for other than single and two family dwellings, provisions for garage
containers, proposed method of screening and a detailed landscape
treatment for the site; and
viii.
the Building Official may waive the requirements for a site plan, in whole
or in part, where the permit is sought for the repair or alteration of an
existing building or structure.
(e)
include building plans drawn to suitable scale showing sufficient information
to determine substantial conformance with this bylaw including but not limited
to:
i.
foundation plans
ii.
floor plans showing the dimensions and uses of all areas;
iii.
the dimensions and height of crawl and roof spaces;
iv.
the location, size and swing of doors;
v.
the location, size and opening of windows;
vi.
floor, wall, ceiling and roof finishes;
vii.
components of fire protection including firewalls; degree of fire
separation of storeys, shafts and rooms; fire detection, suppression and
alarm system;
viii.
plumbing fixtures;
ix.
structural mechanical and electrical elements;
x.
stair, handrail and guard dimensions;
xi.
a cross-section, through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
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xii.
elevations of all sides of the building or structure showing finishes, roof
slopes, roof top equipment screening, windows, doors, and finished
grade; and
xiii.
cross-sectional detailed drawn at sufficient locations to illustrate that the
building or structure substantially conforms to the Building Code.
(f) include copies of approvals required under any enactment relating to health
or safety, including, without limitation, sewage disposal permits, highway
access permits and Ministry of Health approval;
(g) include a letter of assurance in the form of Schedule A as referred to in
subsection 2.2.7 of the Building Code, signed by the owner, or a signing
officer of the owner if the owner is a company, and the Coordinating
Registered Professional.
(h) include letters of assurance in the form of Schedule B as referred to in
subsection 2.2.7 of the Building Code, each signed by such registered
professionals as the Building Official or Building Code may require to prepare
the design for and conduct field reviews of the construction of the building or
structure;
(i) include one copy of specifications and two sets of drawings at a suitable
scale of the design prepared by each registered professional and including
the information set out in 8.1(e) of this bylaw; and
(j) include any other information required by the Building Official or the Building
Code to establish substantial conformance with this bylaw, the Building Code
and other applicable enactments relating to the building or structure.
8.2
In addition to the requirements of 8.1 (d) of this bylaw, the following may be
required by a Building Official to be submitted with a building permit application for
the construction of a complex building where in the opinion of the Building Official
the complexity of the proposed building or structure or siting circumstances
warrant:
(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;
(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 conformance with this bylaw, the Building Code and
other bylaws and applicable enactments relating to the building or structure.
9.
STANDARD BUILDINGS
9.1
An application for a building permit with respect to a standard building shall:
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(a)
be submitted to the Building Official in the form provided by the Building Official
and signed by the owner, or a signing officer if the owner is a company;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Appendix "B" to this bylaw, signed
by the owner, or a signing officer if the owner is a company;
(c)
include a copy of a title search issued within 30 days of the date of the
application;
(d)
include site plans drawn to suitable scale and referenced to the current
registered legal survey for the subject property which shall show:
i.
the legal description and address of the site;
ii.
by dimensions from property lines, the location of any proposed building or
structure;
iii.
means of access and egress to service the property and a detailed
parking layout;
iv.
by dimension from property lines, the location of any other existing
building(s) on the site;
v.
existing and finished ground levels to an established datum;
vi.
all easements and rights-of-way whether registered or not, and the
location of natural water courses;
vii.
for other than single and two family dwellings, lot coverage and floor area
ratio calculation;
viii.
for other than single and two family dwellings, provision for garbage
containers, proposed method of screening and a detailed landscape
treatment for the site; and
ix.
the Building Official may waive the requirements for a site plan, in whole
or in part, where the permit is sought for the repair or alteration of an
existing building or structure.
(e)
include building plans drawn to suitable scale showing sufficient information to
determine substantial conformance with this bylaw including but not limited to:
i.
foundation plans
ii.
floor plans showing the dimensions and uses of all areas:
iii.
the dimensions and height of crawl and roof spaces;
iv.
the location, size and swing of doors;
v.
the location, size and opening of windows;
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vi.
floor, wall, ceiling and roof finishes;
vii.
components of fire protection including firewalls, degree of fire
separation of storeys, shafts and rooms; and fire detection, suppression
and alarm system;
viii.
plumbing fixtures;
ix.
structural, mechanical and electrical elements;
x.
stair, handrail and guard dimensions;
xi.
a cross section, through the building or structure illustrating foundations,
drainage, ceiling heights and construction systems;
xii.
elevations of all sides of the building or structure showing finishes, roof
slopes, roof top equipment screening, windows, doors, and finished
grade; and
xiii.
cross-sectional details drawn at sufficient locations to illustrate that the
building or structure substantially conforms to the Building Code.
(f)
include copies of approvals required under any enactment relating to health or
safety, including, without limitation, sewerage disposal permits, and Ministry of
Health approvals;
(g)
include two sets of drawings at a suitable scale including information set out in
9.1(e) of this bylaw;
(h)
include any other information required by the Building Official or the Building
Code to establish substantial conformance with this bylaw, the Building Code,
and any other bylaw or enactments relating to the building or structure.
9.2
In addition to the requirements of 9.1(d) of this bylaw, the following may be required by
a Building Official to be submitted with a building permit application for the
construction of a Standard building where in the opinion of the Building Official the
complexity of the proposed building or structure or siting circumstances warrant:
(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;
(b)
a section through the site showing grades, buildings, structures, parking areas
and driveways;
(c)
a roof plan and roof height calculations;
(d)
structural, electrical, mechanical or fire suppression drawings prepared and
sealed by a registered professional;
(e)
letters of assurance in the form of Schedule B as referred to in subsection 2.2.7
of the Building Code, signed by the registered professional; and
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(f)
any other information required by the Building Official or the Building Code to
establish substantial conformance with this bylaw, the Building Code, and any
other bylaw or enactments relating to the building or structure.
10.
RELOCATION OF A BUILDING OR STRUCTURE
10.1
An application for a permit to relocate a building other than a factory built building shall:
(a)
be submitted to the Building Official in the form provided by the Building Official and
signed by the owner, or a signing officer if the owner is a company;
(b)
be accompanied by the owner's acknowledgment of responsibility and undertakings
made in a form provided by the Building Official and signed by the owner, or a
signing officer if the owner is a company;
(c)
include a copy of a title search issued within 30 days of the date of the application;
(d)
include site plans drawn to suitable scale and referenced to the current registered
legal survey for the subject property and shall show:
i.
the legal description and civic address of the parcel;
ii.
by dimensions from property lines, the location of any proposed building or
structure;
iii.
means of access and egress to service the property and a detailed parking
layout;
iv.
by dimension from property lines, the location of any other existing building or
structure on the site;
v.
existing and finished ground levels to an established datum;
vi.
all easements and rights-of-way whether registered or not, and the location of
natural water courses;
vii.
for other than single and two family dwellings, lot coverage and floor area ratio
calculation; and
viii.
for other than single and two family dwellings, provision for garbage containers,
proposed method of screening and a detailed landscape treatment for the site.
(e)
identify the existing location of the building or structure and proposed location to
which the building or structure is to be moved; and
(f)
provide written verification by the appropriate utility authorities that all utility services
have been disconnected and/or sealed as required.
10.2
Every application for a permit to relocate a building or structure shall be accompanied
by security in an amount equal to the estimated cost of completing the building or
structure in its new location, in a form and amount acceptable to the District.
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10.3
Should a building or structure which has been relocated subject to the provisions of this
bylaw not be completed within one year from the date of issuance of the permit, the
Building Official may send a written notice to the owner stating that the building does not
conform with this bylaw or other enactment and direct the owner to remedy the non-
conformance within 30 days from the date of service of the notice. If the non-
conformance is not remedied within the period of 30 days, the District may draw upon
the security on deposit and take whatever action is necessary to effect completion of the
building and site.
11. DEMOLITIONS
11.1
An application for a permit with respect to a demolition shall:
(a)
be submitted to the Building Official in the form provided by the Building Official
and signed by the owner, or a signing officer if the owner is a company;
(b)
be accompanied by the owner's acknowledgment of responsibility and
undertakings made in a form provided by the Building Official and signed by the
owner, or a signing officer if the owner is a company;
(c)
include a copy of a title search issued within 30 days of the date of the
application; and
(d)
include site plans drawn to a suitable scale and referenced to the current
registered legal survey for the subject property which shall show:
i.
the legal description and civic address of the parcel;
ii.
location of any existing buildings or structures on the site; and
iii.
identify the building or buildings to be demolished.
11.2
Every person making application for a permit to demolish a building or structure shall,
as part of his or her application, provide the Building Official with satisfactory evidence
that:
(a)
no unsafe condition will be created or permitted; and
(b)
provide written verification by the appropriate utility authorities that all utility
services have been disconnected and/or sealed as required.
11.3
Before issuing a permit to demolish any building or structure, the District may demand,
as a condition of issuance that security be provided in a form satisfactory to the District
to ensure that the site of the demolition will be left in a safe condition, free from debris
or dust, and compatible with neighbouring properties. The security amount shall be
equal to the estimated cost of site restoration as approved by the District. In the event
that the site is not properly restored to a standard satisfactory to the District, written
notice may be sent to the owner requiring that the site be properly restored within 30
days from the date of notice service of the. If the restoration is not carried out within the
30 days, the District may draw upon the security and take whatever action is necessary
to effect restoration of the site.
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12. TEMPORARY BUILDINGS
12.1
The word "temporary" shall mean a period not exceeding one year.
12.2
An application for a permit with respect to a temporary building or structure shall:
(a)
be submitted to the Building Official in the form provided by the Building Official and
signed by the owner, or a signing officer if the owner is a company;
(b)
be accompanied by the owner's acknowledgment of responsibility and undertakings
made in a form provided by the Building Official and signed by the owner, or a
signing officer if the owner is a company;
(c)
include a copy of a title search made within thirty days of the date of the
application;
(d)
include site plans drawn to suitable scale and referenced to the current registered
legal survey for the subject property which shall show:
i.
the legal description and civic address of the parcel;
ii.
by dimensions from property lines, the location of proposed building or
structure;
iii.
means of access and egress to service the property and a detailed parking
layout;
iv.
by dimension from property lines, the location of any other existing building or
structure on the site;
v.
existing and finished ground levels to an established datum;
vi.
all easements and rights-of-way whether registered or not, and the location of
natural water courses;
vii.
for other than single and two family dwellings, lot coverage and floor area ratio;
and
viii.
for other than single and two family dwellings, provision for garbage containers,
proposed method of screening and a detailed landscape treatment for the site;
and
(e) include security in a form and amount satisfactory to the District.
12.3
Temporary buildings shall conform to the requirements of this bylaw and the siting
requirements of the District Zoning Bylaw in effect at the time.
13. PROFESSIONAL DESIGN AND FIELD REVIEW
13.1
When a Building Official considers that the site conditions, size or complexity of a
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development or an aspect of a development warrant, he or she may require a
registered professional to provide design and plan certification and field review
supported by letters of assurance in the form of Schedules B and C-B referred to in
subsection 2.2.7 of the Building Code.
13.2
Prior to the approval of a final inspection for a complex building, or standard building
in circumstances where letters of assurance have been required in accordance with
this bylaw, the owner shall provide the Building Official with letters of assurance in
the form of Schedules C-A or C-B, as is appropriate, referred to in subsection 2.2.7 of
the Building Code.
13.3
When a registered professional provides letters of assurance in accordance with
s.6.5., 6.16, 8.1.d vii, 8.1.d viii, 9.2.e), 13.1 or 13.2 of this bylaw, he or she shall also
provide proof of professional liability insurance in a form provided by the Building
Official, When a registered professional provides letters of assurance in accordance
with this Bylaw, he or she shall also provide proof of professional liability insurance in
a form provided by the Building Official.
14.
PROFESSIONAL PLAN CERTIFICATION
14.1
The letters of assurance in the form of Schedule B referred to in subsection 2.2.7 of
the Building Code and required pursuant this bylaw are relied upon by the District
and its Building Official as certification that the design and plans to which the letters
of assurance relate substantially conform to the Building Code and other applicable
enactments relating to health and safety.
14.2
A building permit issued pursuant to the requirements of this bylaw shall include a
notice to the owner that the building permit is issued in reliance upon the
certification of the registered professionals that the design and plans submitted in
support of the application for the building permit conform with the Building Code
and other applicable enactments relating to safety.
14.3
When a building permit is issued in accordance with the requirements of this
section of the bylaw, permit fee shall be reduced pursuant to Appendix "A" to this
bylaw.
15. INSPECTIONS
15.1
When a registered professional provides letters of assurance in accordance with this
bylaw, the District will rely solely on the letters of assurance submitted pursuant to
section 13.2 of this bylaw as certification that the construction substantially conform to
the design, plans and specifications and that the construction complies with the Building
Code, this bylaw and other applicable enactments.
15.2
Notwithstanding section 15.1 of this bylaw, a Building Official may attend the site from
time to time during the course of construction to ascertain that the field reviews are
taking place and to monitor the field reviews undertaken by the registered professionals.
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15.3
A Building Official may attend periodically at the site of the construction of standard
buildings or structures to ascertain whether the Health And Safety Aspects of the Work
are being carried out in substantial conformance with those portions of the Building
Code, this bylaw and any other applicable enactment concerning safety.
15.4
The owner, or his or her agent, shall give a minimum of one working day notice of the
following aspects of the work and, in the case of a Standard Building, shall obtain an
inspection and receive a Building Official's acceptance of the following aspects of the
work prior to concealing it:
(a)
of intent to do work that has been ordered by the Building Official inspected during
construction;
(b)
of intent to cover work that has been ordered by the Building Official to be
inspected prior to covering;
(c)
when work has been completed so that a final inspection can be made;
(d)
and, while not limiting the generality of the foregoing, at the following stages of
construction:
i.
when the forms for footings are complete, but prior to placing of any concrete
therein;
ii.
when concrete slab damp proofing or soil gas control measures have been
installed, but prior to pouring a concrete slab;
iii.
when foundation concrete damp-proofing, waterproofing and perimeter drains
are complete, or after framing of a preserved wood foundation wall and floor
assembly and application of damp-proofing, but prior to any backfill being
placed;
iv.
when framing and sheathing of the building are complete, including the
installation of roof membrane, all exterior doors and windows, fire-stopping,
bracing, chimneys, duct work, plumbing, gas venting and wiring, but before
any insulation, drywall or other interior or exterior finish is applied which
would conceal such work;
v.
when the rough-in plumbing system, including interior water supply and drain
waste and vent piping are complete, but before any such plumbing is
covered;
vi.
when exterior stucco wire and flashing is complete but prior to placement of
any scratch coat thereon;
vii.
when insulation and vapour barrier are complete but prior to placement of
any finish thereon;
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viii.
during the construction of any masonry fireplace, when cantilevered hearth
forms are in place but prior to pouring concrete; at the smoke chamber stage;
for a free-standing masonry chimney, at the thimble stage; before any
factory-built or site constructed fireplace or chimney is enclosed by
combustible material; and before the chimney cap is placed on a masonry
chimney; and
ix.
when all work is complete but prior to occupancy.
15.5
For greater certainty, in the case of Complex Buildings, the requirement under 15.4 to
notify the Building Official of the listed stages of construction does not oblige the
Building Official to attend the site for inspections, monitoring or any other purpose.
16.
OCCUPANCY CERTIFICATE
16.1
No person shall occupy or use a building or structure or part of a building or structure
until an occupancy certificate has been issued.
16.2.
An occupancy certificate shall not be issued unless:
(a)
all letters of assurance have been submitted when required in accordance
with this bylaw; and
(b)
all aspects of the work requiring inspection and acceptance pursuant to
section 15.4 of this bylaw have been inspected and accepted.
16.3
A Building Official may issue an occupancy approval for part of a building or structure
when that part of the building or structure is self-contained, provided with essential
services and meets health and safety requirements.
17.
FEES AND CHARGES
17.1
In addition to applicable fees and charges required under other bylaws, a permit fee,
calculated in accordance with Appendix "A" to this bylaw, shall be paid in full prior to
issuance of any permit under this bylaw.
17.2
The application fee as set out in Appendix "A" shall accompany an application made for
a building permit to this bylaw and shall be subject to the following:
(a)
permit application fee is non-refundable;
(b)
application shall be cancelled and the permit application fee forfeited if the
permit has not been issued and the permit fee paid within six months of the date
of notification to the owner that the permit is ready to be issued; and
(c)
when an application is cancelled the plans and related documents submitted
with the application may be destroyed.
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17.3
The owner may obtain a refund of the permit fees set out in Appendix "A" to this bylaw
when a permit is surrendered and cancelled before any construction begins, provided
the refund shall not include the permit application fee paid pursuant to section 17.2 of
this bylaw.
17.4
Where, due to non-conformance with this bylaw, more than two inspections are
necessary when one inspection is normally required, for each inspection after the
second inspection, a re-inspection charge as set out in Appendix "A" to this bylaw shall
be paid prior to additional inspections being performed.
17.5
Where a required inspection is requested to be done after the hours during which the
offices of the District are normally open, an inspection charge shall be payable based
on the time actually spent in making such inspection, including travel time.
18.
DISCLAIMER OF WARRANTY OR REPRESENTATION
18.1
Neither the issuance of a permit under this bylaw nor the acceptance or review of plans,
drawings or specifications or supporting documents, nor any inspections made by or on
behalf of the District constitute in any way a representation, warranty, assurance or
statement that the Building Code, this bylaw or other applicable enactments have been
complied with.
19.
PENALTIES AND ENFORCEMENT
19.1
a) A person commits an offence and is subject to the penalties imposed by this Bylaw,
the District of Clearwater Municipal Ticket Information Bylaw and the Offence Act if that
person:
i) contravenes a provision of this Bylaw;
ii) consents to, allows, or permits an act or thing to be done contrary to this Bylaw; or
iii) neglects or refrains from doing anything required by a provision of this Bylaw.
b) Each day that a contravention of a provision of this Bylaw occurs or continues shall
constitute a separate offence.
19.2
Every person who fails to conform with any order or notice issued by a Building
Official, or who allows a violation of this bylaw to continue, contravenes this bylaw.
19.3
A Building Official may order the cessation of any work that is proceeding in
contravention of the Building Code or this bylaw, or other applicable enactments by
posting a Stop Work Order.
19.4
The owner of property on which a Stop Work Order has been posted, and every other
person, shall cease all construction work immediately and shall not do any work until
all applicable provisions of this bylaw have been substantially complied with and the
Stop Work Order has been rescinded in writing by a Building Official.
19.5
Where a person occupies a building or structure or part of a Building or structure in
contravention of section 3.1.4 of this bylaw a Building Official may post a "Do Not
Occupy" notice on the affected part of the building or structure.
19.6
The owner of property on which a "Do Not Occupy" notice has been posted, and every
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person, shall cease occupancy of the building or structure immediately and shall
refrain from further occupancy until all applicable provisions of the Building Code and
this bylaw have been substantially complied with and the Do Not Occupy notice has
been rescinded in writing by a Building Official.
19.7
Where there is a violation of this Bylaw or Div. 19 of this Bylaw, whether a notice has
been registered on the property title or not, the Building Official may refuse to issue a
building permit for an addition to or alteration of any offending, unsafe, or
unpermitted building or structure until it has been brought into substantial Bylaw and
Building Code compliance; qualifying, building permits may be issued for any other
detached building or structure on the property
20.
REPEAL
20.1 District of Clearwater Building Regulations Bylaw 2066, 2005 and all amendments
thereto are hereby repealed.
21.
EFFECTIVE DATE
21.1
This bylaw shall come into effect on December 1st, 2014.
READ A FIRST TIME this 21st, day of October, 2014.
READ A SECOND TIME this 4th day of November, 2014.
READ A THIRD TIME this 4th day of November, 2014.
RECONSIDERED AND ADOPTED this 16th day of December, 2014.
Mayor, John Harwood
Leslie Groulx, Corporate Officer
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Certified to be a true and correct copy
cited as "The District of Clearwater
Bylaw No. 129, 2014" as adopted by the
Council of the District of Clearwater this
16th day of December, 2014.
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Leslie Groulx, Corporate Officer
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APPENDIX "A"
SCHEDULE OF PERMIT FEES
A.
For the purpose of calculating the fee for permits under this bylaw, the value of construction
shall be the total contract price for the work including all subcontracts or the value of
construction as determined by the Building Official on the basis of plans, specifications and
information available to him, whatever value shall be greater.
B.
BUILDING PERMIT APPLICATION FEES
A non-refundable permit application fee of $200 or the calculated building permit fee,
whichever is less, shall be charged for all permits. The building permit fee shall include this
non-refundable application fee.
C.
BUILDING PERMIT FEE
(1)
Construction Value
Fee
(a)
$1 to $1,000;
$50
(b)
$50 plus for each $1,000 or part thereof by which the value exceeds
$8
the sum of $1,000 up to a maximum value of $100,000 as additional fees; or
(c)
$842 plus for each additional $1,000 or part thereof by which the value
exceeds the sum of $100,000 as additional fees.
$6
D.
PLUMBING PERMIT FEE
(1)
Minimum fee for any plumbing permit or first fixture
$50
(2)
Permit fee for each fixture after the first fixture
$6
(3)
Permit fee for an interceptor or catch basin
$15
(4)
Permit fee for the installation of a backflow prevention device in any
plumbing system.
$15
(5)
Permit fee for any fire sprinkler system
(a)
First 25 sprinkler heads
$50
(b)
Each additional sprinkler head after the first 25
$1
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E.
PERMIT FEE SURCHARGE
(1)
In addition to other fees payable in accordance with this Appendix at the time of permit
issuance, a surcharge will apply to all building permits as follows:
(a)
$50 where the construction value is less than $10,000;
(b)
$200 where the construction value is from $10,000 to $50,000; or
(c)
$500 where the construction value is in excess of $50,000.
(2)
When all work associated with a building permit is completed within 24 months of the
date of issue, the Building Official shall rebate the surcharge fee as follows:
(a)
$50 where the construction value is less than $10,000;
(b)
$200 where the construction value is from $10,000 to $50,000; or
(c)
$500 where the construction value is in excess of $50,000.
F.
SPECIAL INSPECTION
Voluntary inspection to establish conformance or status of a building.
$80
G.
MANUFACTURED HOMES OR BUILDING RELOCATION
(1)
Permit fee for manufactured homes including skirting, foundation, blocking 2m²
(21 ft²) landing and stairs, water and sewer service connections.
$250
(2)
Permit fee for manufactured homes or relocated buildings placed on permanent
foundations extending below ground level will be $250 plus an additional fee
based on the value of the foundation as determined by the Building Official.
H.
RENEWAL PERMIT FEE
The fee for a renewal permit shall be $100 for each renewal period of 12 months.
I.
TEMPORARY BUILDING
For a permit to construct, place or occupy a temporary building for
one year or part thereof.
$50
J.
CHIMNEY
Fee for the installation of a chimney or masonry fireplace.
$100
K.
REMOVAL OF NOTICE ON LAND TITLE
Fee for the removal of a land title notice.
$200
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L.
DEMOLITION OR RELOCATION
The fee for a permit to demolish a building.
$50
M.
REINSPECTION FEE
Where any re-inspection carried out pursuant to this bylaw discloses faulty work and a
subsequent inspection is thereby made necessary, the fee for each subsequent inspection
shall be $50.
N.
DOUBLE PERMIT FEE
Where work for which a permit is required by this bylaw has been commenced prior to
issuance of a permit, the applicant shall pay double the fee prescribed in this Schedule,
provided that the additional fee shall not exceed $2,000.
O.
PERMIT FEE REFUND
Where no construction has commenced within six months of building permit issuance, should
the permit holder apply in writing to cancel the application or permit, the Building Official shall
refund 75% of the original permit fee.
P.
FEE REDUCTION FOR PROFESSIONAL SUPERVISION
Where a professional engineer or architect is retained by the owner and an undertaking is
provided to coordinate design and field reviews on the project, the building permit fee will be
reduced by 5%.
Q.
BUILDING INFORMATION REQUEST
The fee for researching building permit files.
$40
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APPENDIX "B"
(Deleted by Bylaw No 251, 2021)
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APPENDIX "C"
(Deleted by Bylaw No 251, 2021)