Elkford, British Columbia
· No. 748
· adopted 2013-09-23
· summary & facts
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District of Elkford Building Bylaw
No. 748, 2013
District of Elkford Building Bylaw No. 748, 2013
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DISTRICT OF ELKFORD
BYLAW NO. 748, 2013
A Bylaw for the administration of the Building Code.
Municipal Council of the District of Elkford hereby enacts as follows:
1. Citation
This Bylaw may be cited as the "District of Elkford Building Bylaw No. 748, 2013."
2. Definitions
(a) In this Bylaw:
Agent
means a person, firm or corporation authorized in writing to
represent an Owner for the purpose of obtaining a permit under this
bylaw.
Building
means any Structure used or intended for supporting or sheltering
any Occupancy.
Building Code
means the Building Code of British Columbia and any other provincial
Building regulation established under the Local Government Act.
Building Official
means the person or persons appointed by the District of Elkford to
administer the Building Code and this bylaw and includes: the Chief
Administrative Officer, Director, Planning and Development Services,
Building Inspectors, Bylaw Enforcement Officers, Development
Technicians, Plan Checkers, Planners, Plumbing Officials, and
Registered Professionals as appointed by the District of Elkford.
District
means the District of Elkford.
Height, Retaining Wall
means the vertical distance, measured at the lowest point along the
length of the wall, between the finished ground level adjacent to the
base of the wall and the top of the wall, excluding any fence
constructed on the wall.
Land
includes the surface of water but does not include improvements,
mines or minerals belonging to the Crown, or mines or minerals for
which title in fee simple has been registered in the Land Title Office.
Occupancy
means the use or intended use of a Building or part thereof for
shelter or support of persons, animals or property.
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Owner
means any person, firm or corporation registered by the British
Columbia Land Title and Survey Authority as Owner of Land or of a
charge on Land, whether entitled to it in the person's own right or in
a representative capacity or otherwise, and includes a registered
Owner.
Plumbing System
means a drainage system, a venting system and water system and
parts thereof.
Registered Professional
a person who is registered or licensed to practice as;
(i)
an architect under the Architect Act,
(ii)
an Engineer or Geoscientist under the Engineers and
Geoscientists Act
(iii)
a surveyor under the BC Land Surveyors Act.
Siting
means the place where a Building or Structure is to be located.
Structure
means a construction of any kind, whether fixed to, supported by, or
sunk into Land or water.
Wood Burning
Appliance
means wood stoves, pellet stoves, fireplaces, conventional fireplaces,
advanced technology fireplaces, fireplace inserts, wood cook stoves,
masonry heaters, central heating furnaces and boilers, outdoor
boilers and hydronic heaters.
Zoning Bylaw
means any bylaw of the District of Elkford enacted under s. 903 of the
Local Government Act.
3. Application
(a) The requirements of this bylaw in relation to Siting permits apply to all Buildings and Structures
whose Siting is regulated by the Zoning Bylaw, and that do not require a Building permit under
this bylaw.
(b) The requirements of this bylaw applies to the design, construction and Occupancy of new
Buildings, Structures, Plumbing Systems, Wood Burning Appliances, and the alteration,
reconstruction, demolition, removal, relocation and Occupancy of existing Buildings, Structures,
Plumbing Systems, and Wood Burning Appliances.
(c) The requirements of this bylaw in relation to Building, Siting, Temporary and Occupancy permits
apply to all Buildings and Structures other than those listed in Article 1.1.1.1(2)(a) to (h) of the
Building Code, and to site preparations, interconnection of modules, and connection to services
for factory built housing.
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(d) The Chief Official of Mines has the sole responsibility for administration and enforcement of the
Building Code in respect of all Buildings and Structures used at a mine, as defined in the Mines
Act of the Province of British Columbia.
4. Conflict
(a) In the case of any conflict between the provisions of this Bylaw and those of any referenced
document other than the Building Code, the provisions of this Bylaw shall take precedence.
(b) In the case of any conflict between the provisions of this Bylaw and of any other District of
Elkford Bylaw or Provincial regulations, the provisions of the more restrictive Bylaw or
regulation shall take precedence.
5. Prohibitions
(a) No person shall commence or continue any work related to a Building, including the
construction of a retaining wall greater than 1.2 m in Height, unless the Building Official has
issued a Building permit authorizing the work.
(b) No person shall occupy or use any Building or part thereof until the Building complies with the
Building Code and the health and safety requirements of the Bylaws of the District of Elkford,
and to the terms of any permit, notice or certificate issued by the Building Official.
(c) No person shall place or erect any Building or Structure whose Siting is regulated by the Zoning
Bylaw, unless the Building Official has issued a Siting permit for the Building or Structure.
(d) No person shall, unless authorized by the Building Official, reverse, alter, deface, cover, remove
or in any way tamper with any notice or certificate posted upon or affixed to any Building
pursuant to any provision of this bylaw.
(e) No person shall interfere with or obstruct the entry of the Building Official acting in the conduct
of administration and enforcement of this bylaw.
(f) No person shall fail to comply with any order or notices issued by the Building Official.
(g) No person shall excavate or fill any Building site in the absence of a valid permit.
6. Construction According to Approved Plans Only
No person shall do any work that is at variance with the description, plans and specifications for the
Building, Structure, work or thing for which a permit has been issued, unless such change has been
approved by the Building Official prior.
7. Occupancy Permit
The Building Official may issue an Occupancy permit where:
(a) a proposed use of a Building or Structure complies with the health and safety requirements of
this bylaw and the Building Code, and
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(b) all inspections required by this bylaw in relation to construction pursuant to a Building permit
issued by the Building Official have been satisfactorily completed.
8. Siting Permit
The Building Official may issue a Siting permit where the Siting of a proposed Building or Structure
that does not require a Building permit under this bylaw, including any temporary Building,
Structure or shelter, and complies with the Zoning Bylaw.
9. Demolition/Relocation Permit
(a) The demolition or relocation of any Building or Structure requires a permit prior to
commencement of work.
(b) Every person making application for a permit to demolish a Building or Structure shall, as part of
his application, provide the Building Official with satisfactory evidence that:
(i)
no unsafe condition will be created or permitted; and
(ii)
all utility services to the Building or Structure have been disconnected and all such
disconnections have been approved by the appropriate authority.
10. Temporary Building Permit
The Building Official may issue a temporary permit for the construction of temporary Buildings or
Structures such as construction site offices, seasonal storage facilities, special events facilities,
emergency facilities and such similar Building and Structures as authorized by the Building Official
for a maximum validity of 6 months at which time the Buildings or Structures must be removed.
11. Duties of the Building Official
The Building Official is authorized to:
(a) administer this bylaw, including prescribing forms to be used for Building permit applications,
Siting permit applications, Building permits, Siting permits, wood burning and Occupancy
permits;
(b) keep records of any 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
or microfilm or digital copies of such documents;
(c) establish, if requested to do so, whether the methods of types of construction and types of
materials used in the construction of a Building, Structure, Plumbing System, or Wood Burning
Appliance for which a permit is sought under this bylaw substantially conform to the
requirements of the Building Code;
(d) determine that site conditions do not permit effective use of solar hot water heating, for the
purpose of s 3(2) of the Solar Hot Water Ready Regulation.
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12. Powers
A Building Official:
(a) may enter any Land, Building, Structure, premises at any reasonable time for the purpose of
ascertaining that the terms of this bylaw are being observed;
(b) shall ensure that employees or persons charged with administration and enforcement of this
bylaw carry proper credentials;
(c) may refuse to issue a Building permit where the results of tests or materials, devices,
construction methods, structural assemblies or foundation conditions are not satisfactory or not
in compliance with this bylaw, in his opinion;
(d) may order the correction of any work which is being or has been improperly done under a
Building permit, the Building Code and\or contravention of this bylaw, and may order that work
be uncovered in order that inspections required by this bylaw may be conducted;
(e) may order the cessation of work that is proceeding in contravention of this bylaw, a Building
Permit, or the Building Code; and
(f) may revoke a Building permit, Occupancy permit or Siting permit where there is violation of any
condition under which the permit was issued or any provision of the Building Code or this bylaw,
or where the information provided in connection with the application for a Building permit has
been determined to be incorrect, such revocation to be in writing and delivered to the permit
holder in person, posted on the Building that is the subject of the permit, or mailed to the
permit holder.
13. Building Permits
(a) Where:
(i)
an application has been made; and
(ii)
the proposed work set out in the application conforms with the Building Code, this bylaw
and all other applicable bylaws; and
(iii)
the applicant for a permit has paid the fee set out in the District of Elkford Fees and
Charges Bylaw; and
(iv)
the contractors and sub contractors identified on the application have a valid business
license with the District of Elkford;
the Building Official shall issue the permit for which the application is made. Notwithstanding
any other provision of this Bylaw or any other enactment, the Building Official may, at its
discretion, withhold the issuance of a Building or Occupancy permit where the Building Official
has been notified of a deficiency to a utility service deemed essential to support the use or
Occupancy of the subject Building.
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(b) If the applicant has provided Letters of Assurance pursuant to the Building Code or in
compliance with a requirement imposed under Section 19 of this Bylaw, the permit fee set out
in the District of Elkford Fees and Charges Bylaw, shall be reduced by 10%.
(c) When a site has been excavated but without the construction of the Building or Structure for
which the Building permit was issued having commenced, the Owner shall fill in the excavation
to restore the original gradients of the site within 30 days of being served notice by the District
to do so.
14. Permit Conditions
Every permit is issued upon the condition that:
(a) the work is to be started within six months from the date of issuing the permit;
(b) the work is not to be discontinued or suspended for a period of more than one year;
(c) the permit shall lapse in the event that either condition 14. (a) or (b) is not met or if the work it
authorizes has not been completed and an Occupancy permit issued within two years from the
date of issuing the permit, unless the permit is renewed before the date on which it will lapse;
and
(d) an additional fee as set out in the District of Elkford Fees and Charges Bylaw, shall be paid if the
permit is renewed.
15. No Refund
No fee or part thereof paid to the District shall be refunded if a start has been made on the
construction of the Building. If no start has been made and the Building Official so certifies, the
District's Director, Financial Services may refund to the applicant part of the permit fee less that
portion of the fee related to Building inspections.
16. Double Permit Fee
If any construction for which a permit is required by this Bylaw has been commenced before a
permit has been issued by the Building Official, the Owner of the real property on which the
construction is being done shall pay to the District double the fee prescribed and set out in District
of Elkford Fees and Charges Bylaw.
17. Re-Inspection Fee
Where, due to non-compliance with this bylaw or as a result of the work being required to be
uncovered, more than two inspections are necessary when one inspection is normally required, for
each inspection after the second inspection, a re-inspection charge as specified in the District of
Elkford Fees and Charges Bylaw to this bylaw shall be paid prior to additional inspections being
performed.
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18. Application Format
(a) The application for a Building permit shall:
(i)
be made in the form prescribed by the Building Official;
(ii)
be signed by the Owner or the Owner's Agent authorized in writing;
(iii)
include a Land Title Certificate dated no more than 30 days prior to the date of
application;
(iv)
state the intended use or uses of the Building;
(v)
include copies in duplicate of the specifications and scale drawings of the Building or
Structure with respect of which the work is to be carried out showing:
(1) the dimensions of the Building;
(2) the proposed use of each room or floor area;
(3) the dimensions of the Land on which the Building is, or is to be, situated;
(4) the grades and elevations of the streets and sewers abutting the Land referred to in
clause (3), when required by the Building Official;
(5) the position, Height and horizontal dimensions of all Buildings on the Land referred to
in clause (3);
(6) a survey of the Land or Building site by a B.C. Registered Land Surveyor, when
required by the Building Official;
(7) the technical information specified in other parts of this bylaw required to be included
on the drawings relating to those parts;
(8) such other information as is necessary to illustrate all essential features of the design
or construction of the Buildings;
(9) when required by the Building Official be accompanied by:
a. a plan that shows the location and size of every Building drain and of every trap or
inspection piece that is on a Building drain, and
b. a sectional drawing that shows the size and location of every soil or waste pipe on
the lot, trap and vent pipe; and
c. a schematic showing provisions for future solar domestic hot water system
installation.
(10) contain any and all other information necessary to establish compliance with this
bylaw.
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(b) The plans and specifications shall be submitted in the form required by the Building Official,
shall have thereon complete design and calculation criteria so that the Building Official shall
have this information available for examination, and shall bear the name and address of the
designer.
19. Professional Design
(a) Notwithstanding any other provisions of this bylaw, whenever in the opinion of the Building
Official the proposed work requires specialized technical knowledge, the Building Official may
require that all drawings, specifications and plans, surveys, or any part thereof, be prepared and
signed by, and the construction carried out under the supervision of a Registered Professional.
(b) The Building Official may require that any retaining wall construction greater than 1.2 m in
Height be designed and the construction carried out under the supervision of a professional
engineer registered in the Province of British Columbia.
(c) When a Registered Professional provides letters of assurance in accordance with this bylaw, the
District will rely solely on field reviews undertaken by the Registered Professional and the letters
of assurance as a declaration that the construction substantially conforms to the design and that
the construction substantially complies with the Building Code, this bylaw and other applicable
enactments respecting safety.
20. Partial Permit
The Building Official may issue a permit for the construction of a portion or phase of a Building
before the entire plans and specifications for the entire Building have been submitted or approved,
provided adequate information and detailed statements have been provided to establish to the
Building Official's satisfaction that the portion or phase of the Building complies with this bylaw and
the Building Code. The issuance of the permit notwithstanding, the requirements of this bylaw
apply to the remainder of the Building, as if the permit had not been issued.
21. No Permit Required
No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures in Plumbing Systems, when such repairs do not involve or require the replacement or re-
arrangement of valves, pipes or fixtures or hot water tanks.
22. Occupation Prior To Completion
Where a Building permit has been issued for a single-family residence the Owner may apply for a
permit to occupy the Building prior to completion of construction, which permit may be withheld
until the Building or part thereof complies with the health and safety requirements of the bylaws of
the municipality and the Building Code.
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23. Responsibility of the Owner
(a) Neither the granting of a permit nor the approval of the drawings and specifications nor
inspections made by the Building Official shall in any way relieve the Owner of such Building
from full responsibility for carrying out the work or having the work carried out in accordance
with the requirements of this bylaw or the Building Code.
(b) Every Owner to whom a permit is issued shall, during construction:
(i)
post and maintain the permit in a conspicuous place on the property in respect of which
the permit was issued;
(ii)
keep a copy of the accepted designs, plans and specifications on the property; and
(iii)
post the civic address on the property in a location visible from any adjoining streets.
(c) Every Owner of a property or his Agent shall:
(i)
obtain where applicable from the Building Official permits as identified in Section 3 of this
bylaw prior to the commencement of such work;
(ii)
in all cases where it is proposed to conduct the waste from plumbing fixtures, trade waste
or surface or roof water to a public sewer, make certain, by inquiring from the Building
Official, that such public sewer is at a sufficient depth and of a capacity to receive such
discharge; and shall arrange the plumbing to suit the location of the sewer connection
provided for the lot;
(iii)
give at least 48 hours notice to the District of the intention to start work on the Building
site;
(iv)
give at least 72 hours notice to the District to obtain an inspection.
24. Security Deposit
(a) Any Owner of property for which a permit is issued shall be responsible for the cost of repair of
any damage to municipal works that occurs as a result of the work covered by the permit,
including any deposit of soil material and/or construction debris on municipal property.
(b) As security for the Owner's obligation under the preceding section, an applicant for a Building
permit shall provide to the District cash or a letter of credit in the amount prescribed and set out
in District of Elkford Fees and Charges Bylaw.
(c) The District may draw on the security to repair any damage not repaired by the Owner at the
time the Building Official conducts a final inspection under this bylaw.
(d) Any unused security shall be returned to the Owner, without interest, when the final inspection
for the Building is issued.
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(e) The Building Official may waive or reduce the requirement for security if the location or nature
of the construction is such that there is no reasonable possibility of damage to municipal works.
(f) In the event that damage, which is the Owner's responsibility, is not resolved by the Owner prior
to the final inspection, or within such other time limit set by the Building Official, and the
damage requires a contractor or District work crews to resolved, the costs so incurred by the
District shall be deducted from the security deposit, if a security deposit was required. Any
costs not paid before December 31 of the calendar year may be added to that year's property
taxes.
(g) The District may apply the security deposit to non-payment of fees including the re-inspection
fees.
(h) At the sole option of the Building Official, or as an alternative to the procedure set out in
paragraph (f) above, the Owner may be permitted to make good the damage within the time
and in accordance with standards set by the Building Official, and under this option, the deposit
shall be held by the District until the Building Official certifies that the work has been
substantially completed in accordance with the applicable standards, at which time the deposit
shall be returned to the Owner.
(i) Nothing in this section shall bar the District from claiming, suing and recovering damage in
excess of the deposit.
(j) Any deposit unclaimed upon expiry of a permit may be transferred to general municipal revenue
for the current year.
(k) Before issuing a permit to demolish any Building or Structure, the Building Official may demand,
as a condition of issuance, that security be provided in a form satisfactory to the Building Official
to ensure that the site of the demolition will be left in a safe, neat condition, free from debris or
dust, and compatible with neighbouring properties. The amount of the security shall be equal to
the estimated cost of site restoration and shall be acceptable to the Building Official. In the
event that the site is not properly restored to a standard satisfactory to the Building Official, the
Building Official may send written notice to the Owner requiring that the site be properly
restored within thirty (30) days from the date of service of the notice. If the restoration is not
carried out within the period of thirty (30) days the Building Official may draw upon the security
on deposit and take whatever action is necessary to effect restoration of the site.
(l) Should a Building or Structure which has been relocated subject to the provisions of this bylaw
not be completed to Occupancy stage within two years 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
comply with this bylaw or other enactment, and direct the Owner to remedy the noncompliance
within thirty (30) days from the date of service of the notice. If the noncompliance is not
remedied within the period of thirty (30) days, the Building Official may draw upon the security
on deposit and take whatever action is necessary to effect completion of the Building and site.
(m) Should a Building or Structure subject to the provisions of this bylaw not be completed to
Occupancy stage within two years 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 comply with this
bylaw or other enactment and direct the Owner to remedy the noncompliance within thirty (30)
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days from the date of service of the notice. If the noncompliance is not remedied within the
period of thirty (30) days, the Building Official may draw upon the security on deposit and take
whatever action is necessary to effect completion of the Building and/or site.
(n) An applicant for a Temporary Building Permit shall provide to the District cash or a letter of
credit in the amount prescribed and set out in District of Elkford Fees and Charges Bylaw, which
security the District may draw on if the Building or Structures remain past the predetermined
date as specified on the permit.
25. Inspections
(a) Site Consultation - prior to any excavation or clearing and once the legal property pins, all utility
services and any applicable easement, covenants, or similar have been located and identified by
high visibility markers. The Building Official may waive or reduce any site consultation
requirements at their discretion.
(b) Forms - after the forms for foundations are complete but prior to placing of any concrete
therein.
(c) Foundation - after removal of formwork from a concrete foundation and installation of
perimeter drain tiles and damp-proofing, but prior to backfilling against the foundation.
(d) Community Sewer & Water Connections - Public Works inspection prior to back fill of
community water sewer connections.
(e) Sub Slab Plumbing - before a Building drain is covered, and if any part of a Plumbing System is
covered before it is inspected and approved, it shall be uncovered if the Building Official so
directs, and when considered necessary, underground Building drains, branches may be
retested after the completion of all backfilling and grading by heavy equipment.
(f) Framing - when framing, sheathing and roofing of the Building are complete but before any
insulation, lath or other interior or exterior finish is applied which could conceal such work.
(g) Rough Plumbing - when all fixtures, devices, attachments and appurtenances of the Plumbing
System including any required bleeder valves and water meters are complete and a "Plumbing
Test Certificate" has been completed as required by the Building Official.
(h) Insulation and vapour barrier - when insulation and vapour barrier are complete but prior to
placement of any finish thereon.
(i) Wood Burning Appliance - upon connection to the chimney.
(j) Fireplace and/or chimney
(i) upon completion of the first course of the flue liner above the smoke chamber; and
(ii) prior to capping chimney.
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(k) Prior to Occupancy - after the Building or portion thereof is substantially complete and ready
for Occupancy, but before Occupancy takes place of the whole or a portion of the Building;
when all health and safety requirements are met; and;
(l) Final - when all work is complete.
26. Equivalents
An Owner desirous of providing an equivalent material, equipment or method of construction not
specifically authorized by the Building Code shall submit to the Building Official sufficient evidence
to satisfy the Building Official that the proposed equivalent will provide the level of performance
required by the Building Code.
27. Elkford Climatic Data
(a) The climatic data for the design of Buildings in the District of Elkford are as follows:
January 2½% Design Temperature
-28oC
January 1% Design Temperature
-31oC
July 2½% Dry Temperature
29oC
July 2½% Wet Temperature
15oC
Annual total degree days below 18ºC (65ºF) (30 Years)
5100
Maximum fifteen (15) minute rainfall
12 mm
Maximum one day (24 hr) rainfall
55 mm
Annual rainfall
Annual precipitation
Moisture Index
S(s) 30 year
S(r) 30 year
S(s) 50 year
S(r) 50 year
390 mm
680 mm
0.45
3.4 kPa
0.3 kPa
3.7 kPa
0.3 kPa
DRWP 1/5
Wind effect hourly: probability 1/10
115 Pa
0.42 kPa
Wind effect: probability 1/30
0.50 kPa
Wind effect: probability 1/50
Wind effect: probability 1/100
0.54 kPa
0.60 kPa
(B.C. Engineer uses for windload)
Design snow load
720 Pa
80% of ground snow level
28. Penalty
(a) Any person who violates the provisions of this bylaw or the Building Code is liable on summary
conviction to a penalty not exceeding $10,000 and the costs of the prosecution.
(b) Each day during which such violation is continued shall be deemed to constitute a new and
separate violation.
29. Repeal
District of Elkford Building Bylaw No. 96, 1977 and all amendments thereto are hereby repealed.
Read a first time this 9th day of September, 2013.
Read a second time this 9th day of September, 2013.
Read a third time this 9th day of September, 2013.
ADOPTED this 23rd day of September, 2013.
D. McKerracher
C. Helgesen
Mayor
Chief Administrative Officer