Delta Building/Plumbing Bylaw No. 8065, 2021

Delta, British Columbia · No. 8065 · adopted 2022-01-24 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 1dc21dddf602 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF DELTA "Delta Building/Plumbing Bylaw No. 8065, 2021" CITY OF DELTA BYLAW NO. 8065 A Bylaw to regulate the construction, alteration, repair, demolition or moving of buildings and pools and the installation, alteration or repair of plumbing in the City of Delta. WHEREAS Section 8(3) of the Community Charter authorizes the City of Delta, by bylaw, to regulate, prohibit and impose requirements in relation to buildings and other structures; AND WHEREAS Section 15 of the Community Charter authorizes the City of Delta, by bylaw, to provide for a system of licences, permits or approvals; AND WHEREAS the Province of British Columbia has adopted a Building Code to govern standards in respect of the construction, alteration, repair and demolition of buildings in municipalities and regional districts in the Province; AND WHEREAS it is deemed necessary to provide for the administration of the Building Code; NOW THEREFORE the City of Delta in open meeting assembled, enacts as follows: SECTION 1 - GENERAL This bylaw may be cited for all purposes as "Delta Building/Plumbing Bylaw No. 8065, 2021". 1.1 DEFINITIONS 1.1.1 Wherever used in this Bylaw, including the recitals, unless there is something in the subject matter or context inconsistent therewith, the following terms shall have the meanings ascribed to them: applicant means the owner of a property that is the subject of an application referred to in Section 5.1, or his or her duly authorized representative, as the case may be. Building Code means the most recent version of the British Columbia Building Code established by the Province of British Columbia. Bylaw No. 8065 - 3 - Building Official means a person appointed by Council to administer and enforce this Bylaw who is qualified as a building official under Section 11 of the Building Act, SBC 2015, c. 2. building permit means the permission or authorization in writing by the Building Official to construct or move a building or structure. Bylaw Enforce- ment Officer means a bylaw enforcement officer as defined in Delta Property Enhancement Bylaw No. 7055, 2012 as amended or replaced from time to time. complex building means any building or structure that is not a non-complex building. Compliance Order means an order under Section 4.5. Consolidated Fees Bylaw means City of Delta's "Consolidated Fees Bylaw No. 7273, 2013, as amended or replaced from time to time. construction means the process or activity by which any building or structure is erected, repaired, altered, renovated, added to, installed, demolished, removed or moved, or for which preparation is made by way of shoring, excavation or the installation of plumbing systems, and "construct" and "constructed" shall have a corresponding meaning. demolition permit means the permission or authorization in writing by the Building Official to demolish a building or structure. Do Not Occupy Order means an order under Section 4.8. dwelling unit means "dwelling unit" as defined in the Zoning Bylaw. Energy Step Code means the Province of British Columbia's performance- based standard for energy efficiency in new construction requiring energy modelling and on-site testing to demonstrate minimum performance against metrics for building envelope, equipment and systems, and airtightness requirements, and including Step 1, Step 2, Step 3, Step 4, and Step 5, as defined in Sections 9.36.6 and 10.2.3 of the Building Code. Bylaw No. 8065 - 4 - Farm Code means the most recent version of the National Farm Building Code of Canada field review means a review of the work - at a real property for which a permit has been issued, and - where applicable, at locations where components of a building or structure are fabricated for use that a Registered Professional in his or her professional discretion considers necessary to ascertain whether the work substantially complies in all material respects with the plans and supporting documents for the work prepared by a Registered Professional. fireplace and chimney permit means the permission or authorization in writing by the Building Official to construct a masonry fireplace or install a wood burning appliance or chimney. float home means a building incorporating a floatation system intended for use or being used or occupied for residential purposes, containing one dwelling unit only, not primarily intended for, or usable in, navigation and does not include a water craft designed or intended for navigation. health and safety aspects of the work means design and construction regulated by Part 3, Part 4, Part 7 and Part 9 of the Building Code. highway use permit means a highway use permit as defined in The Corporation of Delta Highways Bylaw No. 6922, 2011 multi-family residential structure means a single building containing three or more separate dwellings units. Municipality means the City of Delta, or the area within its boundaries, as the context requires. Bylaw No. 8065 - 5 - non-complex building means  a building or structure (other than a farm building) of three storeys or less in building height, having a building area not exceeding 600 square metres and used for any of the following major occupancy classifications:  residential occupancies;  business and personal services occupancies;  mercantile occupancies;  low hazard industrial occupancies; or  medium hazard industrial occupancies; and  a farm building that is less than 400 square metres in building area or exceeds 400 square metres in building area but is of low human occupancy as defined by the Farm Code. occupancy means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property, and "occupy" or "occupied" shall have a corresponding meaning. occupancy permit means the permission or authorization in writing by the Building Official to occupy a building for the accepted occupancy. owner means the registered owner of land and includes a lessee with authority to build on land. permit means a building permit, plumbing permit, demolition permit or fireplace and chimney permit plumbing permit means the permission or authorization in writing by the Building Official to install all or part of a plumbing system. representative means a person authorized in the manner prescribed in Schedule 3 by an owner to represent the owner for the purposes of this Bylaw. retaining structure means a structure that is designed or intended to hold back existing soil or added fill material. Stop Work Order means an order under Section 4.6 or 4.7. Bylaw No. 8065 - 6 - structure means any constructed thing or portion thereof of any kind, whether fixed to, supported by or sunk into or located in land or water or airspace, that is not used or intended for supporting or sheltering any use or occupancy, and includes foundations or supporting framework for exterior signs, equipment and machinery but specifically excludes landscaping, fences and paving. work related to construction includes, without limitation, excavation. Zoning Bylaw means Delta Zoning Bylaw No. 7600, 2017, as amended or replaced from time to time. 1.1.2 Unless a contrary intention appears in this Bylaw, any bolded words or phrases used in this bylaw that are not defined in Section 1.1.1, shall have the meaning given to them in the Building Code, the Community Charter or the Local Government Act. 1.1.3 Unless otherwise specified, a reference in this Bylaw to any Section, Part or Schedule shall be a reference to the corresponding Section, Part or Schedule in this Bylaw. 1.2 PURPOSE OF BYLAW 1.2.1 This Bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with this Section 1.2 - Purpose of Bylaw. 1.2.2 This Bylaw is enacted and retained for the purpose of regulating construction within the Municipality in the general public interest. The activities undertaken by or on behalf of the Municipality pursuant to this Bylaw are for the sole purpose of providing a limited spot check for health, safety and the protection of persons and property. It is not contemplated nor intended, nor does the purpose of this Bylaw extend: 1.2.2.1 to the protection of the owners, owner/builders or constructors from economic loss; 1.2.2.2 to the assumption by the Municipality of any responsibility for ensuring the compliance by any owners, his or her representatives, or any employees, constructors or designers retained by him or her, with the Building Code, the requirements of this Bylaw or any other applicable codes or standard; 1.2.2.3 to providing any person a warranty of design or workmanship with respect to any building or structure for which a permit or occupancy permit is issued under this Bylaw; Bylaw No. 8065 - 7 - 1.2.2.4 to providing a warranty or assurance that work undertaken pursuant to a permit issued by the Municipality is free from latent or any defects or complies with this Bylaw. 1.3 PERMIT CONDITIONS 1.3.1 A permit is required whenever matters regulated under this Bylaw are to be undertaken. 1.3.2 Neither the issuance of a permit or occupancy permit under this Bylaw nor the acceptance or review of plans, drawings, or specification or supporting documents, nor any inspections made by or on behalf of the Municipality, shall in any way relieve the owner, or his or her representatives, from full and sole responsibility to perform the work in strict accordance with the Building Code, this Bylaw and all other codes, standards and applicable enactments. 1.3.3 It shall be the full and sole responsibility of the owner (and where the owner is acting through a representative as per Schedule 3, the representative) 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. 1.3.4 Neither the issuance of a permit or occupancy 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 Municipality, constitute in any way a representation, warranty, assurance or statement that the Building Code, this Bylaw or any other applicable codes, standards or enactments have been complied with. SECTION 2 - SCOPE AND EXEMPTIONS 2.1 This Bylaw applies to all of the area located within the Municipality as described in the Letters Patent incorporating the Municipality, as amended from time to time, for the design, construction and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation and occupancy of existing buildings and structures. 2.2 The provisions of this Bylaw do not apply to the matters exempted by Part 1 of the Building Code except as provided herein. 2.3 The provisions of this Bylaw do not apply to retaining structures less than 1.2 metres in height except those referenced in Section 22 - Retaining Structures. 2.4 The provisions of this Bylaw do not apply to fences except as provided in Section 19 - Swimming Pools. 2.5 The provisions of this Bylaw do not apply to the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, or the replacement of fixtures when such repairs do not exceed $1,000 in value and do not involve or require the rearrangement of valves and pipes. Bylaw No. 8065 - 8 - SECTION 3 - PROHIBITIONS 3.1 Unless otherwise permitted elsewhere in this Bylaw: 3.1.1 No person shall commence or continue any construction, alteration, extension, structural repair, health or safety repair, placement of any building or structure or other work related to construction, including work described in Section 1.1 of the Building Code, unless a valid and subsisting permit has been issued for the work by a Building Official. 3.1.2 No person shall, unless exempt by Section 2 - Scope and Exemptions, commence or continue construction, the connection, installation, alteration or repair of plumbing, sewers, drains, tanks, pumps, heating and air conditioning equipment and similar works unless a valid and subsisting permit has been issued for the work by a Building Official. 3.1.3 No person shall demolish or remove a building or structure or any portion thereof, unless a valid and subsisting demolition permit has been issued for the demolition by a Building Official. 3.1.4 No person shall occupy or use any building unless a valid and subsisting occupancy permit has been issued by a Building Official for the building, or occupy or use any building contrary to the terms of any occupancy permit issued or any notice given by a Building Official. 3.1.5 No person shall, unless authorized by a Building Official, reverse, alter, deface, cover, remove or in any way tamper with any Stop Work Order, Compliance Order, Do Not Occupy Order, notice, permit or certificate posted by a Building Official upon or affixed to any building, structure or property pursuant to this Bylaw. 3.1.6 No person shall commence or continue any work that is at variance or contrary to the authorized descriptions, plans and specifications of a building or structure for which a permit has been issued, unless that variance has firstly been authorized in writing by a Building Official. 3.1.7 No person shall obstruct the entry of a Building Official or Bylaw Enforcement Officer on any land, building or premises. 3.1.8 No person shall move or cause any dwelling unit to be moved into the Municipality except a dwelling unit built to Canadian Standards Association standards A277, Z240 or BC Float Home Standard, as applicable, unless a valid and subsisting Building Permit authorizes the move. 3.1.9 No person shall move or cause any building or structure to be moved onto a lot in the Municipality without first obtaining a building permit for the work on the lot to which the building is to be moved. Bylaw No. 8065 - 9 - 3.1.10 No person shall occupy a building or portion of a building after a change in class of occupancy of the building or part of it unless the requirements of Section 16 - Occupancy Permits have been complied with and the building complies with the health and safety requirements of the Building Code, the Bylaws of the Municipality or any statute for the new occupancy. SECTION 4 - BUILDING OFFICIALS 4.1 A Building Official may: 4.1.1 administer this Bylaw; 4.1.2 keep records of applications received for permits or occupancy permits issued, inspections and tests made, and shall retain copies of papers and documents connected with the administration of this Bylaw as required by the Municipality's retention policy; 4.1.3 establish, if requested to do so, whether the methods or types of construction and types of materials used in the construction of a building or structure conform to the requirements of the Building Code; and 4.1.4 establish and use a system for digital or online submissions of materials associated with applications for permits or occupancy permits and digital or online bookings of inspections and require the use of such systems and establish exceptions for the use of such systems. 4.2 All applications, permits, occupancy permits, plans, records or documents submitted to, issued by or kept by the Building Official are the property of the Municipality and shall not be available for public viewing, except to the extent permitted under the Freedom of Information and Protection of Privacy Act. 4.3 Section 4.1 creates no obligations other than to the Municipality. 4.4 A Building Official or Bylaw Enforcement Officer: 4.4.1 may enter any land, building or structure at any reasonable time for the purpose of ascertaining that the regulations of this Bylaw are being observed; 4.4.2 where any residence is occupied, shall, except in emergency situations, obtain the consent of the occupant or provide written notice 24 hours in advance of entry; and 4.4.3 shall carry proper credentials confirming that person's status as a Building Official or Bylaw Enforcement Officer, as applicable. 4.5 Without limiting anything in Sections 4.6, 4.7 and 4.8, if an owner of real property fails to comply with a requirement of this Bylaw, a Building Official may issue a Compliance Order requiring the owner to correct any work which is being done or has been done in contravention of this Bylaw or bring the real property into compliance with the provisions of this Bylaw within such time as the Building Official considers appropriate. Bylaw No. 8065 - 10 - 4.6 Without limiting anything in Sections 4.5, 4.7 and 4.8, a Building Official may, if work is being done or is about to be done in contravention of a permit or this Bylaw, or if any provision of this bylaw is not being complied with, order all work authorized by a permit to be stopped, by posting a Stop Work Order on the property. 4.7 Without limiting anything in Sections 4.5, 4.6 and 4.8, a Bylaw Enforcement Officer may, if work is being done or is about to be done in contravention of a permit or this Bylaw, or if any provision of this bylaw is not being complied with, by posting a Stop Work Order on the property, order all work authorized by a permit to be stopped for the lesser of seven days or until a Building Official, in writing, authorizes the work to resume. 4.8 Without limiting anything in Sections 4.5, 4.6 and 4.7, a Building Official may, by posting a Do Not Occupy Order on a building or property, prohibit occupancy of a building if the Building Official believes that: 4.8.1 the building is being occupied for a class of occupancy other than that authorized by the more recent occupancy permit ; 4.8.2 the building is in violation of any provision of the Building Code or this Bylaw; or 4.8.3 the building is not safe for occupancy due to the condition of the building or the condition of the real property on which it is located or any nearby property. 4.9 Delivery of a Compliance Order, Stop Work Order or Do Not Occupy Order upon an owner will be sufficient if a copy of the order is posted on the property, served personally on the owner or mailed by prepaid registered mail to the owner as shown on the current year's real property assessment roll. SECTION 5 - APPLICATIONS REQUIRED 5.1 Every person shall apply for and obtain: 5.1.1 a building permit before constructing, repairing or altering a building or structure; 5.1.2 a building permit before moving a building or structure; 5.1.3 a demolition permit before demolishing a building or structure; 5.1.4 a plumbing permit before constructing, repairing or altering a plumbing system; 5.1.5 a fireplace and chimney permit prior to construction of a masonry fireplace or the installation of a wood burning appliance or chimney unless the works are encompassed by a valid building permit. 5.2 All plans submitted with a permit application shall bear the name and address of the designer of the building, structure or plumbing. Bylaw No. 8065 - 11 - 5.3 Each building or structure to be constructed placed, altered, extended or repaired on site requires a separate building permit and shall be assessed a separate building permit fee based on the value of that building or structure, as determined in accordance with the Consolidated Fees Bylaw, except in the case of buildings in a phased condominium or similar project involving multiple buildings on a single site, where a single building permit may be issued for more than one building. 5.4 Each application shall state the estimated market value of the proposed construction. In calculating the market value of the proposed work, the market value of that portion of the proposed work which is cladding repair or replacement necessitated by water penetration of an existing multi-family residential structure shall not be taken into account. The applicant must establish, by way of an opinion certified by a Registered Professional, that the cladding repair or replacement is necessitated by water penetration into an existing multi-family residential structure. 5.5 Where the source of water supply is from other than a community water system, e.g., spring, lake, river, creek, or well, proof of a minimum of 4500 litres per day water supply shall be provided. 5.6 The minimum building elevation of any space used for human occupancy, commercial sales, business or storage of goods, measured at the underside of a structural floor system or the top of a concrete slab, shall be no lower than 1.6 m G.S.C. Datum. 5.6.1 The minimum elevation shall not apply to: 5.6.1.1 an addition to a single or two family dwelling provided the addition is no lower than the existing portion of the building; 5.6.1.2 a building or portion thereof to be used as a carport, garage or storage shed, in conjunction with a single or two family dwelling; 5.6.1.3 a greenhouse; 5.6.1.4 a farm building located in an Agricultural Zone under the Zoning Bylaw, provided that the minimum elevation of the bottom of the lowest floor, slab, crawl space or basement of such farm buildings shall be not less than 0.3 metres above the mean elevation of the natural grade of the land within the building envelope. 5.7 An application for a building permit or plumbing permit may be rejected if construction has commenced under another building permit or plumbing permit for the same building or structure but an occupancy permit has not been issued in relation to the work authorized by that permit. Bylaw No. 8065 - 12 - SECTION 6 - APPLICATIONS FOR COMPLEX BUILDINGS 6.1 An application for a building permit with respect to a complex building shall: 6.1.1 be made in the form established and provided by the Building Official; 6.1.2 be accompanied by the owner's acknowledgment of responsibility and undertaking made in the form attached as Schedule 2 to this Bylaw, signed by the owner, or a signing officer if the owner is a corporation. 6.1.3 include a copy of a title search made within 30 days of the date of the application; 6.1.4 include two site plans prepared by a British Columbia Land Surveyor or Professional Engineer within the last six months showing: 6.1.4.1 the bearing and dimensions of the parcel taken from the registered subdivision plan; 6.1.4.2 the legal description and civic address of the parcel; 6.1.4.3 the location and dimensions of all statutory rights of way, easements and setback requirements; 6.1.4.4 the location and dimensions of all existing and proposed building and structures on the parcel; 6.1.4.5 setbacks to the natural boundary of any ocean, river, lake, swamp, pond or watercourse where there are applicable siting requirements related to flooding; 6.1.4.6 the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a building or structure where there are applicable siting requirements related to minimum floor elevation; and 6.1.4.7 the location, dimension and gradient of parking and driveway access, boulevard, trees, overhead wire, street lights and pole locations; 6.1.5 include floor plans showing the dimensions and uses of all areas; 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; 6.1.6 include a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems; 6.1.7 include elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, and finished grade; 6.1.8 include cross sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the building or structure conforms to the Building Code; Bylaw No. 8065 - 13 - 6.1.9 include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway use permits and Ministry of Health approval; 6.1.10 include a Letter of Assurance in the form of Schedule A as referred to in the Building Code, signed by the owner, or a signing officer of the owner if the owner is a corporation, and the coordinating Registered Professional; 6.1.11 include Letters of Assurance in the form of Schedule B as referred to in the Building Code, each signed by such Registered Professionals as the Building Official or Building Code may require to prepare the design for and conduct field reviews of the construction of the building or structure; 6.1.12 include three sets of drawings and specification, if necessary, at an appropriate scale of the design prepared by each Registered Professional and including the information set out in Sections 6.1.5, 6.1.6, 6.1.7 and 6.1.8; 6.1.13 include a completed, signed and sealed Building Code analysis in a form provided by a Building Official. 6.2 In addition, 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 the complexity of the proposed building or structure or siting circumstances warrant: 6.2.1 site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line prepared and sealed by a Registered Professional, in accordance with the Municipality's Subdivision and Development Standards Bylaw; 6.2.2 a section through the site showing grades, buildings, structures, parking areas and driveways; 6.2.3 any other information required by the Building Official or the Building Code to establish compliance with this Bylaw, the Building Code and other bylaws and enactments relating to the building or structure. 6.3 A Building Official may accept plans with less details for an application to undertake minor repairs or alterations to complex buildings. 6.4 A Building Official may accept a building permit application to make minor repairs or alterations to complex buildings under Section 7 - Applications - Non-Complex Buildings provided that the Building Code does not require that Registered Professionals be retained. SECTION 7 - APPLICATIONS - NON-COMPLEX BUILDINGS 7.1 An application for a building permit with respect to a Non-complex building shall: Bylaw No. 8065 - 14 - 7.1.1 be made in the form established and provided by a Building Official; 7.1.2 be accompanied by the owner's acknowledgment of responsibility and undertakings made in the form attached as Schedule 2 to this Bylaw, signed by the owner, or a signing officer if the owner is a corporation; 7.1.3 include a copy of a title search made within 30 days of the date of the application; 7.1.4 include two site plans prepared by a British Columbia Land Surveyor or Professional Engineer within the last six months showing: 7.1.4.1 the bearing and dimensions of the parcel taken from the registered subdivision plan; 7.1.4.2 the legal description and civic address of the parcel; 7.1.4.3 the location and dimensions of all statutory rights of way, easements, covenant requirements, setback requirements and diameter of existing trees and proposed trees on the land or water lot on which the building or structure is to be situated; 7.1.4.4 the location and dimensions of all existing and proposed buildings or structures on the parcel and dwellings on adjacent lots; 7.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or watercourse where there are applicable siting requirements related to flooding; 7.1.4.6 the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a building or structure where there are applicable siting requirements related to minimum floor elevation; 7.1.4.7 the location, dimension and gradient of parking and driveway access; 7.1.4.8 the location of water service, sewer service, storm water service and site collection system, vehicle access to a roadway, firefighting access, parking, landscaping and screening requirements as required by the Zoning Bylaw or Subdivision and Development Standards Bylaw or the Building Code; 7.1.4.9 the grades and elevations of the streets and sewers abutting the land boulevard, trees, overhead wires, street lights and pole locations. 7.1.5 include floor plans to scale of 1/4" - 1'0" or 1:50 showing the minimum dimensions and uses of all areas; the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of window; floor, wall, and ceiling finishes; plumbing fixtures; location of structural elements and stair dimensions; Bylaw No. 8065 - 15 - 7.1.6 include a cross section through the building or structure illustrating foundations, drainage, ceiling heights and construction systems showing that the lot will conform to the Vertical Building Envelope; 7.1.7 include elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, spatial calculations and finished grade; 7.1.8 include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the building or structure conforms to the Building Code and complies with Delta bylaws, covenants and contracts; 7.1.9 include copies of approvals required under any enactment relating to health or safety, including, without limitation sewage disposal permits, highway use permits and Ministry of Health approval; 7.1.10 include a foundation design that complies with Subsection 9.4.4 of the Building Code and the foundation excavation complies with Section 9.12 of the Building Code. 7.1.11 include two copies of sets of drawings at a scale of 1/4" - 1' 0" or 1:50 of the design including the information set out in Sections 7.1.4, 7.1.5, 7.1.6, 7.1.7, 7.1.8 and 7.1.10. 7.2 In addition to the requirements of Section 7.1, the following may be required by a Building Official to be submitted with a building permit application for the construction of non-complex buildings where the project involves two or more buildings, which, in the aggregate, total more than 800 square metres in building area, or two or more buildings that will contain three or more dwelling units, or otherwise where the complexity of the proposed building or structure or siting circumstances warrant: 7.2.1 site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a Registered Professional, in accordance with the Municipality's Subdivision and Development Standards Bylaw; 7.2.2 a section through the site showing grades, buildings, structures, parking areas and driveways; 7.2.3 a roof plan and roof height calculations; 7.2.4 structural, electrical, mechanical or fire suppression drawings prepared and sealed by a Registered Professional; 7.2.5 Letters of Assurance in the form of Schedule B as referred to in the Building Code, signed by the Registered Professional; 7.2.6 any other information required by the Building Official or the Building Code to establish compliance with this Bylaw, the Building Code and other bylaws and enactments relating to the building or structure. 7.3 A Building Official may accept plans with less detail for an application to undertake minor repairs or alterations to non-complex buildings. Bylaw No. 8065 - 16 - SECTION 8 - OTHER APPLICATIONS 8.1 An application for a plumbing permit shall: 8.1.1 be in the form established and provided by the Building Official. Requirements for issuance may require a valid BC Tradesman's Qualification Certification; 8.1.2 in the case of commercial, industrial, institutional buildings or residential buildings containing three or more dwelling units, be accompanied by a plan drawn to a scale that shows to the satisfaction of a Building Official, the proposed works and the location and size of every building drain and of every trap or inspection piece on a building drain, a sectional drawing showing the size and location of every soil and waste pipe, trap and vent pipe, and an isometric drawing showing water distribution system layout and sizing; 8.1.3 in the case of plumbing being installed in a complex building Schedule B are required to be submitted by a Registered Professional. 8.2 An application for a demolition permit shall be made in the form established and provided by the Building Official and include the fees established in the Consolidated Fees Bylaw. An application for a demolition permit shall be accompanied by a Rodent Inspection and Control Declaration in a form prescribed by the Building Official from time to time. 8.3 An application for a Permit to move a building shall be made in the form established and provided by the Building Official and shall contain sufficient information to satisfy the Building Official that the proposed work will comply with the requirements of Section 17 - Moving of Buildings. A permit authorizing construction required to bring the building into a healthy, safe and bylaw compliant state must be attached to the application. The application must include the application fee set out in the Consolidated Fees Bylaw. SECTION 9 - PROFESSIONAL PLAN CERTIFICATION 9.1 The Letters of Assurance provided pursuant to this Bylaw are relied upon by the Municipality and its Building Officials as certification that the design and plans to which the Letters of Assurance relate comply with the Building Code and other applicable enactments relating to safety. 9.2 A building permit issued for the construction of a complex building, or for a non-complex building for which a Building Official required professional design pursuant to Section 7.2.4 and Letters of Assurance pursuant to this Bylaw, shall be in the form provided by the Building Official. 9.3 A building permit issued pursuant to Section 9.2 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 comply with the Building Code and other applicable enactments relating to safety. Bylaw No. 8065 - 17 - 9.4 When a building permit is issued in accordance with Section 9.2 the permit fee shall be reduced by 5% of the fees payable pursuant to the Consolidated Fees Bylaw, up to a maximum reduction of $500. SECTION 10 - ISSUANCE OF PERMITS 10.1 A Building Official shall issue the building permit for which the application is made when: 10.1.1 a completed application, including all required supporting documentation has been submitted; 10.1.2 if it is a complex building, the proposed work set out in the application has been undertaken by Registered Professionals in relation to the Building Code as required in Section 6 - Applications for Complex Buildings, and the Building Officials' review of the proposed work set out in the application complies with this Bylaw and all other applicable bylaws and statues; 10.1.3 if it is a non-complex building, a Building Official's review of the proposed work set out in the application has been undertaken in relation to the Building Code, this Bylaw and all other applicable bylaws and statutes; 10.1.4 the applicant has paid the fees prescribed in the Consolidated Fees Bylaw. 10.1.5 the owner, or signing officer if the owner is a corporation, or the coordinating Registered Professional, if applicable, has signed the building permit; 10.1.6 the Building Official is satisfied that all charges have been paid and all requirements have been met that are imposed by any other statute or bylaw; 10.1.7 no covenant or agreement in favour of the Municipality authorizes a building permit to be withheld; 10.1.8 there is assurance given that the portion of the construction involving a plumbing system will be installed by a plumber holding valid BC Tradesman's Qualification Certification, or an owner and resident of a dwelling unit, will install, alter or repair plumbing in his dwelling unit or related accessory building; and 10.1.9 The owner provides a non-refundable sum equal to the cost of planting one street tree for every 9 meters of streets abutting a property. 10.2 If the application is in respect of a building that includes, or will include, a residential occupancy, a Building Official shall not issue the building permit unless the owner provides evidence, in a form satisfactory to the Building Official, that the owner has complied with the Homeowner Protection Act, SBC 1998 Chapter 31 and amendments thereto or that the proposed building is exempt from that Act. Bylaw No. 8065 - 18 - 10.3 A Building Official shall issue a permit for which the application is made, other than a building permit, when: 10.3.1 a completed application, including all required supporting documentation has been submitted; 10.3.2 the applicant has paid the fees prescribed in the Consolidated Fees Bylaw 10.3.3 the owner, or signing officer if the owner is a corporation, or the coordinating Registered Professional, if applicable, has signed the permit 10.3.4 for a demolition permit only, the Building Official has approved a Rodent Inspection and Control plan 10.3.5 the Building Official is satisfied that all charges have been paid and all requirements have been met that are imposed by any other statute or bylaw; and 10.3.6 no covenant or agreement in favour of the Municipality authorizes a demolition permit to be withheld. 10.4 The Building Official may terminate a permit if: 10.4.1 the work authorized by the permit is not commenced within six months from the date of issuance of the permit; 10.4.2 six months or more time has elapsed since obtaining the most recent acceptance by the Building Official of any inspection listed in Section 15.4; 10.4.3 the authorized work is not completed within two years from the date of issuance of the permit; 10.4.4 the sewage disposal permit that is required under Section 7.1.9 of this Bylaw or Section 9.31.5.2.(2) of the Building Code is revoked; 10.4.5 the title of the property on which the permit authorizes work to be done is transferred to a different owner. A building permit that is valid at the time of transfer may be transferred to the new land owner when the permit holder requests such a transfer in writing to the Municipality. A transfer fee as set out in the Consolidated Fees Bylaw shall be paid; 10.4.6 the Building Official determines that an applicant or his or her representative has provided false or misleading information on the application or otherwise obtained the permit fraudulently; or 10.4.7 the permit has been extended under Section 10.8 and the authorized work is not completed within the extension period established by the Building Official. Bylaw No. 8065 - 19 - 10.4.8 the permit has been extended under Section 10.8 and the conditions imposed by the Building Official have not been complied with. 10.4.9 a Rodent Inspection and Control plan was approved by the Building Official but is not being complied with. 10.5 If a permit is terminated under Section 10.4, the Building Official must notify the owner of the termination in writing or by email. 10.6 When notice of termination of a permit has been given in accordance with Section 10.5, the rights under the permit shall cease and no construction or other work may continue or commence under that permit. 10.7 A Building Official may issue a permit for the construction of a portion of a building or structure before the plans and specifications for the entire building or structure have been accepted, provided adequate information has been filed to enable the Building Official to ensure the portion to be constructed complies with this Bylaw, the Building Code, and other bylaws and regulations of the Municipality and other authorities having jurisdiction, and the permit fee applicable to that portion of the building or structure has been paid. The issuance of the permit notwithstanding, the requirements of this Bylaw apply to the remainder of the building or structure as if the permit had not been issued. 10.8 As an alternative to terminating a permit under Sections 10.4.1 to 10.4.3, a Building Official may extend the period of time set out under those Sections by not more than the same amount of time as is specified in the applicable Section and make the extension subject to such conditions as may be appropriate in the circumstances, having regard to safety and the public interest. 10.9 If a permit is extended under Section 10.8, with or without conditions, the Building Official must notify the owner of the length of the extension and any applicable conditions in writing or by email. 10.10 If a Building Official grants an extension under Section 10.8 the extension is added to the amount of time allowed to complete the authorized work under Section 10.4.3 10.11 A Building Official may make any permit subject to such conditions as may be appropriate in the circumstances, having regard to safety and the public interest. SECTION 11 - FEES 11.1 Every permit application shall include a non-refundable plan processing fee in accordance with the Consolidated Fees Bylaw. This plan processing fee will be credited to the permit fee calculated in accordance with the Schedules to the Bylaw. The plan processing fee is non-refundable. Bylaw No. 8065 - 20 - 11.2 A permit fee calculated in accordance with the Schedules to this Bylaw shall be paid in full prior to issuance of the relevant permit under this Bylaw. 11.3 An application for a permit may be cancelled if the prescribed permit fee is not paid within 60 days from the date of notification to the applicant that the permit is ready for issuance. 11.4 An application for a permit may be cancelled if the application is incomplete and inactive for six months. 11.5 If a permit application is cancelled under Sections 11.3 or 11.4, the Building Official must notify the owner of the length of the cancellation in writing or by email. The cancellation shall be effective on the date such notice is given and thereafter submissions in support of the cancelled permit application may be destroyed. 11.6 A reapplication for a permit shall be processed as a new application and subject to payment of the plan processing fee under Section 11.1. 11.7 Where applicable, inspection charges shall be paid in accordance with the Consolidated Fees Bylaw, in advance of inspection. 11.8 The fee for a permit to complete work previously authorized by permit which is no longer valid shall be based on the cost of work remaining to be completed. 11.9 A fee as set out in the Consolidated Fees Bylaw is required when revised drawings are submitted after the building permit has been prepared for issuance. 11.10 Where, due to non-compliance 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 the Consolidated Fees Bylaw may be paid prior to additional inspections being performed. 11.11 When a required permit inspection is requested to be done after the hours during which the offices of the Municipality are normally open, an inspection charge shall be payable based on the time actually spent in making such inspection, including travel time, as set out in the Consolidated Fees Bylaw. 11.12 An inspection charge, as set out in the Consolidated Fees Bylaw, shall be payable in advance for a voluntary inspection to establish compliance of or to obtain a report on the status of an existing building or structure. Bylaw No. 8065 - 21 - SECTION 12 - DISCLAIMER OF WARRANTY OR REPRESENTATION 12.1 Neither the issuance of a permit or occupancy permit under this Bylaw, the review and acceptance of the drawings, plans and specifications, nor inspections made by a Building Official, shall constitute a representation or warranty that the Building Code or this Bylaw has been complied with or that the building or structure meets any standard of materials and workmanship. No person shall rely on any action, acceptance or inspection carried out by a Building Official as assurance in establishing compliance with the Building Code, this Bylaw or any standard. SECTION 13 - PROFESSIONAL DESIGN AND FIELD REVIEW 13.1 When a Building Official considers that the site conditions, size or complexity of a development or an aspect of a development warrant, he or she may require a Registered Professional to provide design and plan certification and field review supported by Letters of Assurance in the form of Schedules A, B, C-A and C-B referred to in the Building Code. Prior to issuance of an occupancy permit for a complex building, or non- complex building in circumstances where Letters of Assurance have been required in accordance with this Bylaw, or where Letters of Assurance referred to in the Building Code have been provided in support of an building permit the owner shall provide the Municipality with Letters of Assurance in the form of Schedules C-A or C-B, as is appropriate, referred to in the Building Code. 13.2 When a Building Official considers that the design of a component or combination of components of a project is beyond the scope of Part 9 of the Building Code the Building Official may require a Registered Professional to review the design of the component(s). The Building Official may require the submission of Letters of Assurance in the form of Schedules A, B, C-A and C-B referred to in the Building Code for the component(s), as applicable. 13.3 When a Registered Professional provides Letters of Assurance in accordance with this Bylaw, he or she shall provide proof of professional liability insurance to the satisfaction of the Building Official. SECTION 14 - RESPONSIBILITIES OF THE OWNER 14.1 Every owner shall ensure that all construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety and health. 14.2 Every owner to whom a permit is issued shall be responsible for the cost of repair of any damage to municipal works that occurs in the course of work authorized by the permit. 14.3 Every owner to whom a permit is issued shall, during construction: Bylaw No. 8065 - 22 - 14.3.1 post and maintain the permit in a conspicuous place on the property in respect of which the permit was issued; 14.3.2 keep a copy of the accepted designs, plans and specifications on the property; and 14.3.3 post the civic address on the property in a location visible from any adjoining streets. 14.4 Every owner to whom a permit is issued must ensure, throughout the period of the permit and until the work is complete, that: 14.4.1 the property is not so cluttered, dilapidated, unclean, or in such a state of apparent abandonment, neglect or disrepair, as to cause irritation or inconvenience to residents or business operators in the vicinity; and 14.4.2 building materials, equipment and portable toilet facilities are not present on the property unless: 14.4.2.1 a valid building permit is in effect for a building or structure on the real property and construction activity that materially advances the completion of the building or structure has occurred on the property in the last fifteen (15) days; 14.4.2.2 all such items are safely stored within a building, structure or facility that is permitted under the Zoning Bylaw, or otherwise obscured from view from any other property or public place by a method, structure or device approved in writing by a Building Official; or 14.4.2.3 the storage of such items is a permitted use of the real property under the Zoning Bylaw and undertaken in a manner specified by the Zoning Bylaw. 14.5 When a Registered Professional provides Letters of Assurance in accordance with this Bylaw, the owner to whom a permit was issued must submit to the Building Official, at least once every 30 days from the date of issuance of the permit, a written progress report together with copies of field reviews from each Registered Professional involved in the work authorized by the permit. 14.6 Every owner to whom a demolition permit is issued shall, until the demolition work is complete, comply with all terms and conditions of any Rodent Inspection and Control plan approved by the Building Official. Bylaw No. 8065 - 23 - SECTION 15 - INSPECTIONS 15.1 When a Registered Professional provides Letters of Assurance in accordance with this Bylaw, the Municipality will rely solely on field reviews undertaken by the Registered Professional and the Letters of Assurance, submitted pursuant to this Bylaw, as assurance that the construction conforms to the design, plans and specifications and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety and health. 15.2 Notwithstanding Section 15.1, 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. 15.3 A Building Official may attend periodically at the site of the construction of non-complex buildings or structures where a Registered Professional has provided assurances in accordance with this Bylaw to ascertain whether the health and safety aspects of the work are being carried out in conformance with those portions of the Building Code, this Bylaw and any other applicable enactment concerning health or safety. 15.4 The owner, or his or her representative, shall schedule inspections using the system established by the Building Official and shall obtain an inspection and receive a Building Official's acceptance of the following aspects of the work prior to concealing them: 15.4.1 the foundation and footing forms, after a British Columbia Land Surveyor certificate has been received and before concrete is poured; 15.4.2 installation of perimeter drain tiles and damp-proofing, sanitary sewer, storm sewer and water services, prior to backfilling; 15.4.3 plumbing under-slab rough-in during a required test phase prior to cover; 15.4.4 the preparation of ground, including ground cover, hydronic heating system when installed, prior to the placing of a concrete slab; 15.4.5 rough-in of factory built chimneys and fireplaces and wood burning appliances; 15.4.6 plumbing above slab rough-in during a required test prior to cover; 15.4.7 the framing and sheathing; 15.4.8 insulation and vapour barrier; 15.4.9 the health and safety aspects of the work when the building or structure is complete and ready for occupancy. 15.4.10 any elements of the work covered or affected by the Energy Step Code. 15.5 No aspect of the work referred in Section 15.4 shall be concealed until a Building Official has accepted it in written or digital form. Bylaw No. 8065 - 24 - 15.6 The requirements of Section 15.4 and 15.5 do not apply to any aspect of the work that is the subject of a Registered Professional's Letter of Assurance provided in accordance with this Bylaw. SECTION 16 - OCCUPANCY PERMITS 16.1 No person shall occupy a building or part of a building until an occupancy permit has been issued. 16.2 An application for an occupancy permit shall be made in the form established and provided by the Building Official. 16.3 A Building Official may issue an occupancy permit if: 16.3.1 all Letters of Assurance have been submitted when required in accordance with this Bylaw; 16.3.2 all aspects of the work requiring inspection and acceptance pursuant to Section 15.4 have been inspected and accepted; 16.3.3 the property and the proposed occupancy of it complies with this Bylaw, the Building Code and all other applicable enactments, regulations and bylaws; 16.3.4 if the building or structure is a complex building the Registered Professional has submitted digital as constructed drawings in Adobe format; 16.3.5 the property and the proposed occupancy of it complies with all conditions contained in the applicable permit; and 16.3.6 all electrical and/or gas permits required by the Safety Standards Act have been obtained. 16.4 A Building Official may issue an occupancy permit for part of a building or structure when that part of the building or structure is self contained, provided with essential services, and meets the requirements set out in Section 16.3. 16.5 A Building Official may make any occupancy permit subject to such conditions as may be appropriate in the circumstances, having regard to safety and the public interest. SECTION 17 - MOVING OF BUILDINGS 17.1 Every application for a building permit to move a building or structure shall designate the existing site of the building or structure and the proposed site to which it is to be moved. Bylaw No. 8065 - 25 - 17.2 No building permit to move a building or structure shall be issued until the time and route of the moving have been approved by the Chief Constable and the Director of Engineering. 17.3 No building shall be moved into the Municipality or to another parcel of land within the Municipality for use as a dwelling, unless: 17.3.1 such building has an assessed value of at least $50,000 as shown on the last assessment roll upon which such building was assessed or has recently been appraised (using the cost approach to value method) at a value of a least $50,000 by an accredited Appraiser of the Canadian Institute; 17.3.2 such building has an assessed value of at least 90% of the average assessed value of all buildings within 45 metres of the site or parcel to which it is to be moved, as shown on the last assessment rolls upon which such buildings were assessed; 17.3.3 such building complies with the Building Code and all of the bylaws of the Municipality, or the owner thereof has entered into an agreement with the Municipality for the completion of the building in accordance with the Building Code and all bylaws of the Municipality, within one year from the date on which the building permit was granted, and has deposited with the Municipality, in the form of cash or an irrevocable Letter of Credit, in a form satisfactory to the Municipality, a sum equal to the estimated cost involved in completing such building upon its new site, in compliance with all the bylaws of the Municipality and the Building Code, as determined by the Building Official; and 17.3.4 such building conforms to or is altered to conform to the established architectural standards of the buildings situated in the vicinity of the site or parcel to which it is to be moved. 17.3.5 the requirements in Sections 17.3.2 and 17.3.4 may be waived by the Building Official for a building that is listed on the Delta Heritage Register, is included in Delta's urban or rural heritage inventories, or is deemed to have sufficient heritage value to qualify for inclusion in Delta's urban or rural heritage inventories based on an assessment by a qualified heritage professional. SECTION 18 - TEMPORARY BUILDINGS 18.1 Subject to compliance with other applicable bylaws and the Building Code, a Building Official may issue a permit for the erection or placement of a temporary building or structure unless a Building Official is of the opinion that the building or structure would not be safe for the use intended. 18.2 The word "temporary", as used in this Section 18 - Temporary Buildings, shall mean the period designated on the permit, but not exceeding 12 months. Bylaw No. 8065 - 26 - 18.3 Applications for a permit to construct a temporary building or structure shall be made in the form contained in Schedule 2, and accompanied by: 18.3.1 plans of sufficient detail to show complete compliance with the Municipality's Bylaws, the Building Code and other applicable regulations and shall include the location of the building or structure on the site and construction details of the building or structure; 18.3.2 a statement of the intended use and duration of the use; 18.3.3 the permit fee noted on the Consolidated Fees Bylaw, which will be non- refundable; and 18.3.4 a removal security in the amount equal to the estimated cost of removal in the form of cash, certified cheque, bond guarantee by a licensed bonding company, or a Letter of Credit from a bank, which removal security is refundable within 30 days of the temporary building or structure being removed and the site left in a safe and sanitary condition; 18.3.5 in the event of default by the owner to remove the temporary building or structure within 30 days after the expiration of the period provided for in the building permit the removal security shall be forfeited to the Municipality, and the Municipality, its employees and agents, may enter and effect the removal of the temporary building or structure, provided the Municipality gives the owner 30 days notice of its intention to effect such removal; 18.3.6 an agreement with the Municipality, in the form of a restrictive covenant registerable against the title of the land on which the temporary building or structure is to be located, agreeing to remove the temporary building or structure from the land within one year from the date of issue of the building permit therefore and providing that if the owner fails to do so, the Municipality may do so at the owner's expense. SECTION 19 - SWIMMING POOLS 19.1 A building permit is required for a swimming pool, hot tub, spa, fish pond, wading or lap pool, prior to its installation or construction, where the depth exceeds 450 mm. Every application for a building permit for a swimming pool, hot tub, spa, fish pond, wading or lap pool shall be accompanied with a plan showing the location, depth and dimensions of the proposed swimming pool, hot tub, spa, fish pond, wading or lap pool and all water supply piping, waste piping and appurtenances, structural detail and the location of all buildings on the site. Bylaw No. 8065 - 27 - 19.2 Every swimming pool, hot tub, spa, fish pond, wading or lap pool, having a pool depth of greater than 450mm at any point, shall be surrounded by a fence, building or other structure, no less than 1.5 metres (5 feet) in height above grade. The fence shall be constructed either on the property line or surrounding the pool, spa or pond in such a manner as to render the pool, spa or pond secure from unauthorized entry. Where chain link fence material is to be used the openings in the mesh shall not be greater than 45 mm measured horizontally and the wire shall not be less than 11 gauge. The fence shall have no openings greater than 100 mm between grade and the top of the fence and shall be built so that no attachment between 100 mm and 900 mm will facilitate climbing. All access to a pool, spa or pond shall be operated by a self-closing mechanism and latch mounted on the pool side of each access through the fence, building or other structure, a minimum of 1 metre above grade. 19.3 A spa or hot tub may be covered with a locking cover which would prevent unauthorized access to the water in-lieu of a fence. 19.4 It is the responsibility of each owner or occupier of property on or in which a pool is located, to maintain every fence required under Section 19.2 in good order. All sagging gates, loose parts, torn mesh, missing materials, worn latches, locks or broken or binding members shall be promptly replaced or repaired. SECTION 20 - HERITAGE BUILDINGS 20.1 Withholding of Approvals 20.1.1 The Director may withhold the issuance of any permit where he or she is of the opinion that the permit would authorize alteration to: 20.1.1.1 property that is included in the Delta Heritage Register established by Council; 20.1.1.2 protected heritage property; 20.1.1.3 property subject to temporary heritage protection under Part 27 of the Local Government Act. 20.1.2 The Director may withhold the issuance of any demolition permit: 20.1.2.1 in respect to property on the Delta Heritage Register, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site; 20.1.2.2 in respect of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site. SECTION 21 - FLOAT HOMES 21.1 Float homes shall be constructed and located in compliance with the BC Float Home Standard. Bylaw No. 8065 - 28 - SECTION 22 - RETAINING STRUCTURES 22.1 Section 22.2 applies to a retaining structure: 22.1.1 retaining soil or fill material greater than 1.2 metres in height; 22.1.2 used to support or protect a building or structure, regardless of the height of soil or fill material retained; or 22.1.3 that is to be built on land that the Building Official considers is subject to or is likely to be subject to mud flows, debris flows, debris torrents, erosion, land slip, rockfalls, subsidence or avalanche, regardless of the height of soil or fill material retained. 22.2 Retaining structures referred to in section 22.1 are subject to section 7, but sections 6.1.10, 6.1.11, 14.5, 15.1, 15.2 and 15.3 shall also apply in relation to any retaining structure referred to in section 22.1. All site reports and final completion records (Schedule C-B forming part of the Building Code) relating to the retaining structure shall be submitted to the Building Official by the Registered Professional before final inspection of the retaining structure. SECTION 23 - STORM WATER AND SANITARY PUMPS 23.1 Where the sanitary or storm sewer serving a building or lot is not able to achieve a gravity connection that conforms to the Building Code a pumped system shall be provided and maintained by the owner. 23.2 Only that portion of a storm drainage system serving a building, structure or lot that is unable to achieve a gravity connection that conforms to the Building Code shall be pumped. 23.3 A Registered Professional shall provide design certification and field review of the pumped system, supported by Letters of Assurance in the form of Schedules B and C-B as referred to in the Building Code, each signed by such Registered Professionals as the Building Official or Building Code may require. 23.4 A pumped system must be designed to the satisfaction of the Building Official and, at a minimum, include: 23.4.1 dual or duplex pumps; 23.4.2 backflow prevention; 23.4.3 temporary back-up power; and 23.4.4 an alarm audible within the premises to warn of high water levels in the sump. 23.5 A pumped system must be placed in a location acceptable to the Building Official, having regard to efficient operation and impact on neighbours. Bylaw No. 8065 - 29 - 23.6 Where a pump system is proposed, a covenant pursuant to Section 219 of the Land Title Act shall be registered on title and shall provide that the building cannot be occupied unless the pump system has been installed in accordance with this bylaw and is in good working order. The covenant must also release and indemnify the Municipality and its elected officials, officers and employees from and against any claims relating to or arising from the use, operation or malfunction of the pump system. The covenant must contain such additional provisions as the Municipality's Director of Community Planning and Development considers necessary for the protection of the Municipality's sanitary or storm sewer system or the protection of public health, including but not limited to the health of occupants of the building or lot. SECTION 24 - CLIMATIC DATA 24.1 When climatic data is required for the design of buildings, it shall be the data provided by the table shown on Schedule 1 and the accompanying map. SECTION 25 - PENALTIES AND ENFORCEMENT 25.1 Every person who: 25.1.1 contravenes, violates or fails to comply with any provision of this Bylaw; 25.1.2 suffers or allows any act or thing to be done in contravention of this Bylaw; or 25.1.3 fails or neglects to do anything required to be done under this Bylaw, commits an offence, and where the offence is a continuing one, each day that the offence is continued constitutes a separate and distinct violation of this Bylaw. 25.2 This Bylaw may be enforced by a Building Official: 25.2.1 in accordance with Municipal Ticketing Information Bylaw No. 6639, 2007, as amended, by means of a ticket in the form prescribed for that purpose under the Community Charter; 25.2.2 in accordance with Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amended, by means of a notice authorized by the Local Government Bylaw Notice Enforcement Act; or 25.2.3 by proceedings under the Offence Act. Bylaw No. 8065 - 30 - 25.3 This Bylaw may be enforced by a Bylaw Enforcement Officer: 25.3.1 in accordance with Municipal Ticketing Information Bylaw No. 6639, 2007, as amended, by means of a ticket in the form prescribed for that purpose under the Community Charter; or 25.3.2 in accordance with Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amended, by means of a notice authorized by the Local Government Bylaw Notice Enforcement Act; 25.4 A person who commits an offence that is prosecuted under the Offence Act is liable to a fine of not more than $50,000 or to imprisonment for not more than six months, or both. 25.5 Upon receipt of a Compliance Order, an owner of real property must comply with the order within a time period stated in the order, or if no time period is stated, within 10 business days. 25.6 Every owner of real property to whom a Stop Work Order issued by a Building Official has been delivered in accordance with this Bylaw, and every other person having knowledge of the Stop Work Order, shall cease all construction work immediately and shall not do any work until all provisions of the Building Code and this Bylaw have been fully complied with and the Stop Work Order has been rescinded in writing by a Building Official. 25.7 Every owner of real property to whom a Stop Work Order issued by a Bylaw Enforcement Officer has been delivered in accordance with this Bylaw, and every other person having knowledge of the Stop Work Order, shall cease all construction work immediately and shall not do any work until the earlier of seven days after the Stop Work Order was posted or a Building Official, in writing, authorizes the work to resume. 25.8 The owner of property to whom a Do Not Occupy Order has been delivered in accordance with this Bylaw, and every other person having knowledge of the Do Not Occupy Order, shall cease occupancy of the building immediately and shall refrain from further occupancy until all applicable provisions of the Building Code and this Bylaw have been complied with and the Do Not Occupy Order has been rescinded in writing by a Building Official. 25.9 Every person who commences work requiring a permit without first obtaining such a permit shall, if a Stop Work Order is issued, pay an additional charge equal to 100% of the permit fee prior to obtaining the required permit. 25.10 If an owner fails to comply with a Compliance Order within the time specified, the Municipality may, by its workers or by other persons authorized by the Building Official, at all reasonable times and in a reasonable manner, enter the property and bring about such compliance at the cost of the owner. Such costs shall include all costs and expenses incurred by the Municipality to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by the Municipality's employees or contractors, and the costs of removal, clean up, and disposal. Bylaw No. 8065 - 31 - 25.11 Where the owner at whose expense a Compliance Order is carried out under Section 25.10 does not pay the costs of the removal within thirty (30) days of receipt of an invoice for such work, the costs may be: 25.11.1 recovered from the owner as a debt; and 25.11.2 added to and form part of the taxes payable on the property as taxes in arrears if they remain unpaid on December 31st in the year in which the thirty (30) days expired. SECTION 26 - SEVERABILITY 26.1 If any Section or lesser portion of this Bylaw is held invalid by a court, the invalid portion shall be severed from this Bylaw and the remainder of the Bylaw shall remain in full force and effect. SECTION 27 - SCHEDULES 27.1 Schedules "1" through "3" attached to this Bylaw form a part of this Bylaw. SECTION 28 - TRANSITIONAL 28.1 Subject to Section 28.2, "Delta Building/Plumbing Bylaw No. 6060, 2002" is hereby repealed and replaced by this Bylaw. 28.2 All construction authorized by building permits issued under Delta Building/Plumbing Bylaw No. 6060, 2002 shall continue to be regulated pursuant to the provisions of that Bylaw until the earlier of: 28.2.1 a final inspection of the work authorized by the permit indicates the work is complete; or 28.2.2 expiration of the building permit, following which any further construction shall be regulated by this Bylaw. READ A FIRST time the 13th day of December, 2021. READ A SECOND time the 13th day of December, 2021. READ A THIRD time the 13th day of December, 2021. FINALLY CONSIDERED AND ADOPTED the 24th day of January, 2022. "Dylan Kruger" _______________________ Dylan Kruger Acting Mayor "Michelle Jansson" _______________________ Michelle Jansson, CMC City Clerk Bylaw No. 8065 - 32 - Schedule 1 Delta Building/Plumbing Bylaw No. 8065, 2021 Climatic Data For the purposes of this Schedule, Zone 1 is all of the Municipality to the west of the dashed line and Zone 2 is all of the Municipality east of the dashed line shown on the map below, which forms part of this Schedule. The following climatic values shall be utilized for the design of buildings in this Municipality: Zone 1 Zone 2 (a) January 2½ percent Design Temperature -6oC -8oC Bylaw No. 8065 - 33 - (b) January 1 percent Design Temperature -8oC -10oC (c) July 2-½ percent Design Drybulb Temperature 27oC 29oC (d) July 2-½ percent Design Wetbulb Temperature 19oC 20oC (e) Annual Total Degree - days below 18oC 2600 2750 (f) Maximum Fifteen-minute rainfall 10mm 10mm (g) Maximum One-day rainfall 80mm 128mm (h) Annual Total Precipitation 1050mm 1575mm (i) Maximum Snow Load on the Ground Ss=1.3kPa Sr=0.2kPa Ss=2.4kPa Sr=0.3kPa (j) Hourly Wind Pressures: Probability 1/10 Probability 1/50 0.36kPa 0.46kPa 0.34kPa 0.44kPa (k) Depth of Frost Penetration 450 mm. (l) Seismic Spectral Response Sa (0.2) 0.924 0.786 Bylaw No. 8065 - 34 - SCHEDULE 2 Delta Building/Plumbing Bylaw No. 8065, 2021 Owner's Undertaking Re: Property Address Legal Description: Building Permit # 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 Delta will rely on same. I confirm that I have applied for a building permit pursuant to "Delta Building/Plumbing Bylaw No. 8065, 2021" 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. Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility, whether or not any work to be performed pursuant to the permit applied for is done by me, a contractor or a registered professional, to ensure compliance with the Building Code and the Bylaw. I am not in any way relying on Delta or its Building Officials or Bylaw Enforcement Officers, as defined under the Bylaw, to protect the owner or any other persons as set out in Section 1.2 of the Bylaw and I will not make any claim alleging any such responsibility or liability on the part of Delta or its Building Officials or Bylaw Enforcement Officers. Owner's Information: Name: Address: Telephone: Contact Person: Date: Signature: Bylaw No. 8065 - 35 - SCHEDULE 3 Delta Building/Plumbing Bylaw No. 8065, 2021 Appointment of Representative City of Delta Attention: Community Planning & Development 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 Fax: 604-946-4148 or 604-946-2759 Re: Property Address: Legal Description: I am the owner of the above referenced property and hereby authorize: Representative: PRINT NAME To represent me in an application for (please check where applicable): ϒ Building Permit (Application # ) ϒ Demolition Permit (Application # ) ϒ Land Use Application (Application # ) To view or receive copies of: ϒ Correspondence And/or Permits ϒ Permit Plans To receive a building permit: ϒ As the owner of the subject property prior to transfer of title Owner's Information: Name: PRINT NAME Address: Telephone: Contact Person: PRINT NAME Date: Signature: Index for Bylaw 8065 - 36 - CITY OF DELTA "Delta Building/Plumbing Bylaw No. 8065, 2021" Section 1 General Section 2 Scope and Exemptions Section 3 Prohibitions Section 4 Building Officials Section 5 Applications Required Section 6 Applications for Complex Buildings Section 7 Applications - Non-complex Buildings Section 8 Other Applications Section 9 Professional Plan Certification Section 10 Issuance of Permits Section 11 Fees Section 12 Disclaimer of Warranty or Representation Section 13 Professional Design and Field Review Section 14 Responsibilities of the Owner Section 15 Inspections Section 16 Occupancy Permits Section 17 Moving of Buildings Section 18 Temporary Buildings Section 19 Swimming Pools Section 20 Heritage Buildings Section 21 Float Homes Section 22 Retaining Structures Section 23 Storm Water and Sanitary Pumps Section 24 Climatic Data Section 25 Penalties and Enforcement Section 26 Severability Section 27 Schedules Section 28 Transitional Schedule 1 Climatic Data Schedule 2 Owner's Undertaking Schedule 3 Appointment of Representative