Esquimalt, British Columbia
· No. 2899
· adopted 2017-08-21
· summary & facts
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CORPORATION OF THE TOWNSHIP OF ESQUIMALT
BUILDING REGULATION BYLAW, 2017, NO. 2899
CONSOLIDATED FOR CONVENIENCE
November 6, 2023
In case of discrepancy, the original Bylaw or
Amending Bylaw must be consulted
Includes: Amendment Bylaw Number: 3019
Amendment Bylaw Number 3118
Bylaw No. 2899
2
CORPORATION OF THE TOWNSHIP OF ESQUIMALT
BYLAW NO. 2899
A Bylaw for the Administration of the Building Code
The Council of the Corporation of the Township of Esquimalt, in open meeting assembled, hereby
enacts as follows:
1.
CITATION
This Bylaw may be cited as the "Building Regulation Bylaw, 2017, No. 2899."
2.
DEFINITIONS
2.1
Terms not defined herein shall have the meanings set out in the Building Code.
[Amendment Bylaw 3118]
2.2
In this Bylaw, unless the context otherwise requires:
"Building Code" means the British Columbia Building Code as adopted by the
Minister responsible under provincial legislation, as amended or re-enacted from
time to time. [Amendment Bylaw 3118]
"Building Official" includes Building Inspectors, Plan Checkers and Plumbing
Inspectors designated by the Township, or their designate.
"Complex Building" means:
a)
all buildings used for major occupancies classified as:
i)
assembly occupancies,
ii)
care or detention occupancies,
iii)
high hazard industrial occupancies, and
b)
all buildings exceeding 600 square metres in building area or exceeding
three storeys in building height used for major occupancies classified as:
i)
residential occupancies,
ii)
business and personal services occupancies,
iii)
mercantile occupancies,
iv)
medium and low hazard industrial occupancies.
"Compliance Report" means a standardized report that demonstrates that the
building complies with the applicable requirements of the Energy Step Code and
the Zero Carbon Step Code, in a form acceptable to the Director of Community
Safety Services or that person's successor in function pursuant to Officers Bylaw,
2011, No. 2077, as amended or replaced from time to time. [Amendment Bylaw
3118]
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"Energy Step Code" means the system of energy performance requirements set
out in Division B, Part 10 of the Building Code. [Amendment Bylaw 3118]
"Health and safety aspects of the work" means design and construction
regulated by the Building Code.
"Permit" means a permit as required pursuant to Section 8, and may include a
permit for building, plumbing, demolition, occupancy, moving a building or
structure, installation or removal of a fireplace, chimney or woodstove, sewer and
storm drain connections and replacements, and construction on and occupation of
Township rights-of-way.
"Secondary Suite" means an additional Dwelling Unit that is contained entirely
within a Single Family Dwelling and has a floor area not exceeding 90 m2 or 40%
of the total floor area of the building.
"Standard Building" means a building of three storeys or less in building height,
having a building area not exceeding 600 square metres and used for major
occupancies classified as
a)
residential occupancies,
b)
business and personal services occupancies,
c)
mercantile occupancies, or
d)
medium and low hazard industrial occupancies.
"Structure" means a construction or portion thereof of any kind, whether fixed to,
supported by or sunk into land or water, but specifically excludes landscaping,
fences, paving and retaining structures less than 1.2 meters in height.
"Township" means the Corporation of the Township of Esquimalt.
"Zero Carbon Step Code" means the system of Greenhouse Gas (GHG)
emission performance requirements set out in Division B, Parts 9 and 10 of the
Building Code. [Amendment Bylaw 3118]
3.
SCOPE AND EXEMPTIONS
3.1
This Bylaw applies to the design, construction and occupancy of new buildings and
structures, and the alteration, reconstruction, demolition, removal, relocation and
occupancy of existing buildings and structures including secondary suites.
3.2
This Bylaw does not apply to buildings or structures exempted by the Building
Code except as expressly provided herein, nor to retaining structures less than
1.2 metres in height.
4.
PROHIBITIONS
4.1
No person shall commence or continue any construction, alteration,
reconstruction, demolition, removal, relocation or change of occupancy of any
building and structure including excavation or other work related to construction
unless a Building Official has issued a valid and subsisting Permit for the work.
4.2
No person shall occupy or use any building or structure:
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4.2.1 unless a valid and subsisting occupancy Permit has been issued by a
Building Official for the building or structure; or
4.2.2 contrary to the terms of any Permit issued; or
4.2.3 contrary to any order or notice given by a Building Official.
4.3
No person shall knowingly submit false or misleading information to a Building
Official in relation to any application for a Permit or construction undertaken
pursuant to this Bylaw.
4.4
No person shall, unless authorized in writing by a Building Official, reverse, alter,
deface, cover, remove or in any way tamper with any Permit, notice, order or
certificate posted on a property or affixed to a building or structure pursuant to this
Bylaw.
4.5
No person shall do any work that is substantially at variance with the approved
design, plans or specifications of a building, structure or other works for which a
Permit has been issued, unless that variance has been accepted in writing by a
Building Official.
4.6
No personal shall obstruct the entry of a Building Official or other authorized official
of the Township onto property for the purposes of the administration of this Bylaw.
5.
BUILDING OFFICIALS
5.1
The Township may appoint one or more Building Officials who are authorized to
carry out and administer the provisions of this Bylaw.
5.2
A Building Official:
5.2.1 shall keep records of applications, Permits, notices and orders issued,
inspections and tests made, and all documents related to the
administration of this Bylaw;
5.2.2 may 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 for which a Permit is sought under this Bylaw substantially
conforms to the requirements of the Building Code;
5.2.3 may enter any land, building, structure, or premises at any reasonable time
or times, for the purpose of ascertaining that the terms of this Bylaw are
being observed;
5.2.4 shall, where any residence or secondary suite is occupied, obtain the
consent of the occupant or provide written notice to the occupant 24 hours
in advance of entry; and
5.2.5 may order the correction of any work that is being or has been done in
contravention of this Bylaw.
6.
PERMIT REQUIRED
6.1
Every owner shall apply for and obtain a Permit:
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6.1.1 before constructing, repairing or altering a building or structure;
6.1.2 before moving a building or structure into, from or within the Township;
6.1.3 before demolishing a building or structure;
6.1.4 prior to the construction of a masonry fireplace or the installation of a wood
burning appliance or chimney;
6.1.5 prior to commencing the installation, alteration, repair or replacement of any
plumbing system or part of such system;
6.1.6 prior to construction or replacement of a retaining structure greater than 1.2
metres in height;
6.1.7 prior to construction, alteration or extension of a sanitary sewer, storm drain
or subsoil drainage system;
6.1.8 prior to construction of any works within a Township right-of-way; or
6.1.9 prior to occupancy of any portion of a Township right-of-way.
6.2.
A Permit is not required:
6.2.1 for minor repairs or alterations to non-structural components of the building
or structure;
6.2.2 when a valve, faucet, fixture or water heater is repaired or replaced, a
stoppage cleared, or a leak repaired if no change to the piping is required.
6.3
Every application for a Permit shall be signed by the owner and shall be made in
the form prescribed by the Township, and shall be accompanied by the owner's
signed Acknowledgement in the form attached as Schedule B.
6.4
All plans submitted with an application for a Permit shall bear the name and
address of the designer of the building or structure.
6.5
A separate Permit is required for each building or structure to be constructed on a
site and shall be assessed a separate Permit fee based on the value of that
building or structure as determined in accordance with Schedule A.
6A.
APPLICATION OF THE BC ENERGY STEP CODE - JANUARY 1, 2024
[Amendment Bylaw 3118]
For Permit applications received on or after January 1, 2024, a building regulated
by Part 3 of the Building Code that is 6 storeys or less and composed of wood-
frame construction must be designed and constructed to meet the minimum
performance requirements specified in Step 3 of the Energy Step Code.
6B.
APPLICATION OF THE BC ZERO CARBON STEP CODE - JANUARY 1, 2024
[Amendment Bylaw 3118]
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6B.1 For Permit applications received on or after January 1, 2024, a building
regulated by Part 9 of the Building Code must be designed and constructed
to meet or exceed the performance requirements specified in GHG
Emission Level 4 of the Zero Carbon Step Code.
6B.2 For Permit applications received on or after January 1, 2024, a building
regulated by Part 3 of the Building Code must be designed and constructed
to meet or exceed the requirements specified in GHG Emission Level 1 of
the Zero Carbon Step Code.
6C.
APPLICATION OF THE BC ZERO CARBON STEP CODE - JULY 1, 2024
[Amendment Bylaw 3118]
6C.1 For Permit applications received on or after July 1, 2024, a multi-unit
residential building regulated by Part 3 of the Building Code that is six
storeys or less must be designed and constructed to meet or exceed the
performance requirements specified in GHG Emission Level 4 of the Zero
Carbon Step Code.
6D.
APPLICATION OF THE BC ZERO CARBON STEP CODE - NOVEMBER 1, 2024
[Amendment Bylaw 3118]
6D.1 For Permit applications received on or after November 1, 2024, a building
regulated by Part 3 of the Building Code must be designed and constructed
to meet the performance requirements specified in GHG Emission Level 4
of the Zero Carbon Step Code.
7.
PERMITS FOR COMPLEX BUILDINGS
7.1
An application for a Permit with respect to a complex building shall:
7.1.1 be made in the form prescribed by the Township, signed by the owner and
the coordinating registered professional;
7.1.2 be accompanied by the owner's acknowledgement of responsibility and
undertakings made in the form attached as Schedule B;
7.1.3 include a copy of a title search made within 30 days of the date of the
application complete with copies of all easements, statutory rights-of-way
and covenants;
7.1.4 unless exempted in whole or in part under Section 7.3, include a site plan
prepared by a registered professional or British Columbia Land Surveyor
showing:
7.1.4.1 the bearings and dimensions of the parcel;
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 and setback requirements;
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7.1.4.4 the location and dimensions of all existing and proposed buildings
or structures on the parcel;
7.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Township's land use regulations establish
siting requirements related to flooding;
7.1.4.6 the existing and finished ground levels to an established datum at
corners of the building or structure, the geodetic elevation of the
underside of the floor system, and the geodetic elevation of the
ridge of the roof of a building or structure; and
7.1.4.7 the location, dimension and gradient of parking and driveway
access;
7.1.5 include floor plans showing the dimensions and uses of all areas including:
the dimensions and height of crawl and roof spaces; the location, size and
swing of doors; the location, size and opening of windows; floor, wall and
ceiling finishes; plumbing fixtures; structural elements; and stair
dimensions;
7.1.6 include a drawing of the cross-section through the building or structure
illustrating foundations, drainage, ceiling heights, and construction
systems;
7.1.7 include a drawing of the elevations of all sides of the building or structure
showing finish details, roof slopes, windows, doors, and finished grades;
7.1.8 include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure substantially
conforms to the Building Code;
7.1.9 include a letter of assurance in the form of Schedule A of the Building Code
signed by the owner and the coordinating registered professional;
7.1.10 include letters of assurance, in the form of Schedule B of the Building Code,
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;
7.1.11 include 3 copies of specifications and 3 sets of drawings at a suitable scale
of the design prepared by each registered professional and including the
information set out in Section 7, which plans may be scaled in imperial with
primary measurements in imperial but metric equivalents must be provided
for all dimensions.
7.1.12 include detailed documentation showing how the building will be designed
and constructed to meet the applicable Energy Step Code requirements
[Amendment Bylaw 3118];
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7.1.13 include detailed documentation showing how the building will be designed
and constructed to meet the applicable Zero Carbon Step Code
requirements [Amendment Bylaw 3118].
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 Permit application for the construction of a
complex building, where in the opinion of the Building Official the complexity of the
proposed building or structure or siting circumstances warrant:
7.2.1 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by the
registered professional, in accordance with the Township's Subdivision and
Development Control Bylaw, 1997, No. 2175, as may be amended or
replaced from time to time;
7.2.2 a drawing of the cross-section through the site showing grades, buildings,
structures, parking areas and driveways; and
7.2.3 a site plan and floor plans that show the location, number and specifications
of all Energized Spaces, Energized EV Outlets and Electric Vehicle Supply
equipment required under the Parking Bylaw, 1992, No. 2011;
7.2.4 any other information required by the Building Official or the Building Code
to establish substantial compliance with this Bylaw, the Building Code and
other bylaw and enactments relating to the building or structure.
7.3
A Building Official may waive the requirement for the site plan in whole or in part,
where the Permit is sought for the repair or alteration of an existing building or
structure.
8.
PERMITS FOR STANDARD BUILDINGS
8.1
An application for a Permit with respect to a standard building shall:
8.1.1 be made in the form prescribed by the Township and signed by the owner;
8.1.2 be accompanied by the owner's acknowledgement of responsibility and
undertakings made in the form attached as Schedule B;
8.1.3 include a copy of a title search made within 30 days of the date of the
application complete with copies of all easements, statutory rights-of-way
and covenants;
8.1.4 unless exempted pursuant to Section 8.4, include a site plan prepared by
a British Columbia Land Surveyor showing:
8.1.4.1
the bearings and dimensions of the parcel;
8.1.4.2
the legal description and civic address of the parcel;
8.1.4.3
the location and dimensions of all statutory rights of way,
easements and setbacks requirements;
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8.1.4.4
the location and dimensions of all existing and proposed
buildings or structures on the parcel;
8.1.4.5
setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Township's land use regulations
establish siting requirements related to flooding;
8.1.4.6
the existing and finished ground levels to an established datum
at corners of the building or structure, the geodetic elevation of
the underside of the floor system, and the geodetic elevation of
the ridge of the roof of a building or structure; and
8.1.4.7
the location, dimension and gradient or parking and driveway
access;
8.1.5 include floor plans showing the dimensions and uses of all areas including:
the dimensions and height of crawl and roof spaces; the location, size and
swing of doors; the location, size and opening of windows; floor, wall and
ceiling finishes; plumbing fixtures; structural elements; and stair
dimensions;
8.1.6 include a drawing of the cross-section through the building or structure
illustrating foundations, drainage, ceiling heights and construction systems;
8.1.7 include a drawing of the elevations of all sides of the building or structure
showing finish details, roof slopes, windows, doors, and grade and building
height;
8.1.8 include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building or structure substantially
conforms to the Building Code;
8.1.9 include a foundation design prepared by a registered professional in
accordance with the Building Code, accompanied by letters of assurance
in the form of Schedule B of the Building Code, signed by the registered
professional;
8.1.10 include 3 sets of drawings at a suitable scale of the design including the
information set out in Section 8, which plans may be scaled in imperial with
primary measurements in imperial but metric equivalents must be provided
for all dimensions.
8.2
In addition to the requirements of Section 8.1, the following may be required by a
Building Official to be submitted with a building permit application:
8.2.1 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 Township's Subdivision and
Development Control Bylaw, 1997, No. 2175, as may be amended or
replaced from time to time;
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8.2.2 a drawing of the cross-section through the site showing grades, buildings,
structures, parking areas and driveways;
8.2.3 a roof plan and roof height calculations;
8.2.4 structural, electrical, mechanical or fire suppression drawings prepared by
a registered professional;
8.2.5 a site plan and floor plans that show the location, number and specifications
of all Energized Spaces, Energized EV Outlets and Electric Vehicle Supply
equipment required under the Parking Bylaw, 1992, No. 2011;
8.2.6. a compliance report [Amendment Bylaw 3118];
8.2.7 letters of assurance in the form of Schedule B of the Building Code, from a
registered professional; and,
8.2.8 any other information required by the Building Official or the Building Code
to establish substantial compliance with this Bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
8.3
The requirements of Section 8.1.9 may be waived by a Building Official if
documentation prepared by a registered professional is provided assuring that the
foundation conditions and foundation excavation substantially comply with the
Building Code, or when the Building Official has knowledge of local conditions
based on experience.
8.4
A Building Official may waive the requirement for the site plan, in whole or in part,
where the Permit is sought for the repair or alteration of an existing building or
structure.
9.
PROFESSIONAL REVIEW AND CERTIFICATION
9.1
The letters of assurance in the form of Schedules A, B, C-A and C-B of the Building
Code provided pursuant to this Bylaw are relied upon by the Township as
certification that the design and plans to which the letters of assurance relate
comply with the Building Code and other applicable enactments.
9.2
A Permit issued for the construction of a complex building, or for a standard
building for which a Building Official has required professional design and letters
of assurance pursuant to this Bylaw, shall be in the form as detailed in the Building
Code.
9.3
A Permit issued pursuant to Section 9.2 shall include a notice to the owner that the
Permit is issued in reliance upon the certification of the registered professionals
that the building complies with the Building Code and other applicable enactments.
9.4
When a Permit is issued in accordance with Section 9.2, the Permit fee shall be
reduced as set out in Schedule A.
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9.5
If 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 that a
registered professional provide design and plan certification and field review and
provide letters of assurance in the form of Schedules B and C-B of the Building
Code.
9.6
Prior to the issuance of an occupancy Permit for a complex building, or standard
building in circumstances where letters of assurance have been required in
accordance with this Bylaw, the owner shall provide the Township with letters of
assurance in the form of Schedules C-A or C-B of the Building Code, as
appropriate.
9.7
When a registered professional provides a letter of assurance in accordance with
this Bylaw, he or she shall also provide proof of professional liability insurance
satisfactory to the Township.
10.
FIRE LIMIT AREAS
10.1
The Township is established as a Fire Limit Area to regulate the construction of
buildings in respect of precautions against fire.
10.2
Subject to the exception set out in Section 10.6, fire sprinkler systems shall be
installed:
10.2.1. within all new buildings
10.2.2. within all existing buildings where:
10.2.2.1
alterations are made and the value of work exceeds 25% of the
current BCAA assessment; or
10.2.2.2 additions are made exceeding 25% of the existing floor area of
the building being added to; or
10.2.2.3 there is a significant change in the occupancy in the opinion of
the Township's Fire Chief or his or her designate; or
10.2.2.4 within any building to be constructed in a location that does not
permit access of the fire fighting equipment as defined by the
Building Code.
10.3. For the purposes of this Section, the value of alterations and additions shall include
all alterations and additions completed within 24 months from the date of
application for a Permit for the current alteration or addition.
10.4
All fire sprinkler systems shall be designed, reviewed and approved by a registered
Fire Protection Engineer or a Professional Engineer with experience in fire sprinkler
design and such Engineer shall provide a letter of assurance to the Township.
10.5
All fire sprinkler systems shall be maintained and tested in accordance with the
Building Code and the current BC Fire Code, and the results shall be forwarded to
the Township.
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10.6
Notwithstanding Section 10.2, unless otherwise required by this Bylaw and the
Building Code, fire sprinklers systems shall not be required to be installed within:
10.6.1 accessory buildings with a floor area of less than 60 square metres (645
square feet);
10.6.2 single family dwellings, two family dwellings and multi-family developments
of three dwelling units or less;
10.6.3 buildings being repaired as a result of a fire or acts of nature beyond the
control of the owner; or
10.6.4 buildings being repaired, altered or added to if the building complies with
the current standards of the Building Code.
11.
DEMOLITION
11.1
In addition to the requirements of the Building Code, following the commencement
of the demolition of the exterior of a building or structure, the demolition shall be
completed within 3 days for a building with a total floor area of less than 185.8 m
sq. (2,000 ft. sq.) and within 6 days for a building with a total floor area greater than
185.8 m sq. (2,000 ft. sq.).
12.
MOVING OF BUILDING OR STRUCTURE
12.1
In addition to making the required application for a Permit, obtaining an inspection
and paying the applicable fees set out in Schedule A, the owner shall provide
security in the form of a certified cheque or an irrevocable letter of credit acceptable
to the Township in the amount of $5,000.00 when moving a building or structure
from or within the Township and security in the amount of $20,000 when moving a
building or structure into the Township, to guarantee the completion of the work to
the satisfaction of the Township.
12.2
The building or structure shall comply in all aspects with the requirements of this
Bylaw, the Building Code and the BC Plumbing Code and all other applicable
bylaws and enactments.
12.3
If the building to be moved into or within the Township is a dwelling, the assessed
value thereof shall not be less than the average assessed value of the closest 10
dwellings to the property to which it is to be moved.
13.
PLUMBING PERMITS
13.1
A Building Official shall issue a plumbing Permit for any installation, alteration,
repair or replacement of a plumbing system or any part of such system upon
receiving the specified fee as provided for in Schedule A and upon satisfactory
compliance with the Bylaw.
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13.2
When a Permit is issued in respect of a plumbing installation, the installation shall
not be put into service until it has been inspected and tested to the satisfaction of
a Building Official and written approval has been issued by a Building Official.
13.3
The Permit holder shall notify a Building Official when the work is ready for
inspection and the notification shall conform to 18.4.
13.4
No part of any plumbing system, including a perimeter drain, shall be covered until
it is inspected and approved by the Township, and if any part of a plumbing system
is covered before inspection and approval, upon direction of a Building Official it
shall be uncovered to the satisfaction of the Building Official in order for the
inspection to be completed.
13.5
If any part of a plumbing installation is not approved after it is inspected and tested,
any alteration or replacement thereto that is necessary shall be made and the work
shall be subject to further inspection and testing.
13.6
Where a plumbing installation is not approved, a Building Official shall give notice
in writing of the deficiencies and corrections required to be made, by posting such
notice at the site of the work, or mailing or delivering the notice to the owner, and
the owner shall comply with such notice within 10 working days of the posting or
delivery of such notice.
13.7
A Building Official may direct the immediate suspension or correction of all or any
portion of a plumbing installation by attaching a notice to that effect on the building,
structure or premises where the work is being carried out, whenever in the opinion
of the Building Officer such work has not been performed in accordance with the
BC Plumbing Code or the provisions of this Bylaw.
13.8 A Building Official may require that underground work shall be retested after the
completion of all backfilling and grading, if it appears to the Building Official that
the system was damaged during the backfilling or grading.
13.9 Where approval is required and has been issued in respect of various stages of a
plumbing installation, a final inspection and approval in writing from a Building
Official shall be required before the whole of the installation may be placed into
service.
14.
FEES
14.1
In addition to applicable fees and charges required under any other applicable
bylaws, a Permit fee, calculated in accordance with Schedule A, shall be paid in
full prior to issuance of any Permit.
14.2
If in the opinion of a Building Official it is advisable for the Township to collect a
plan-processing fee:
14.2.1 the appropriate plan-processing fee as set out in Schedule A shall
accompany an application for a Permit;
14.2.2 the plan-processing fee is non-refundable and shall be credited against the
Permit fee when the Permit is issued;
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14.2.3 an application shall be cancelled and the plan-processing fee forfeited if
the Permit has not been issued and the Permit fee paid within 180 days of
the date of written notification to the owner that the Permit is ready to be
issued; and
14.2.4 the plans and related documents submitted with the application may be
destroyed by the Township when an application is cancelled.
14.3
The owner may obtain a refund of the Permit fee set out in Schedule A upon written
request, when a Permit is surrendered and cancelled within 6 months of the Permit
being issued and before any construction begins, and such refund shall not include
the plan-processing fee paid pursuant to Section 14.2.
14.4
Where, due to non-compliance with this Bylaw, more than two inspections are
necessary for each type of inspection when one inspection is normally required,
for each inspection after the second inspection, a re-inspection fee as set out in
Schedule A shall be paid prior to additional inspections being performed.
14.5
Where a required inspection is requested to be done outside the normal business
hours of the Township, an inspection fee shall be payable based on the time
actually spent in making such inspection, including travel time, as set out in
Schedule A.
15.
PERMITS
15.1
A Building Official may issue the Permit for which the application is made when:
15.1.1 a completed application including all required supporting documentation
has been received;
15.1.2 the proposed work set out in the application substantially conforms with the
Building Code and all applicable bylaws and enactments;
15.1.3. the owner has paid all applicable fees set out in Section 14;
15.1.4 the owner has paid all charges and met all requirements imposed by any
other bylaw or enactment; and
15.1.5 no enactment, covenant, agreement or regulation of the Township
authorizes the Permit to be withheld.
15.2
When the application is in respect of a building that includes, or will include, a
residential occupancy, the Permit must not be issued unless the owner provides
evidence pursuant to the Homeowner Protection Act that the proposed building:
15.2.1 is covered by home warranty insurance; and
15.2.2 the constructor is a licensed residential builder.
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15.3
Section 15.2 of this Bylaw does not apply if the owner is not required to be licensed
and to obtain home warranty insurance in accordance with the Homeowner
Protection Act.
15.4
Every Permit is issued upon the condition that the Permit shall expire and the rights
of the owner under the Permit shall terminate if:
15.4.1 the work authorized by the Permit is not commenced within 6 months from
the date of issuance of the Permit; or
15.4.2 the work authorized has not received a final inspection and written approval
by a Building Official within 2 years of the date of the issuance of the Permit.
15.5
A Building Official may extend the period of time set out under Section 15.4 where
construction has not been commenced or has been discontinued due to acts of
nature, strikes, material or labour shortages, or similar hardship beyond the
owner's control.
15.6
A Building Official may issue a Permit for a portion of a building or structure, other
than for a single-family dwelling or accessory building, before the design, plans
and specifications for the entire building or structure have been accepted, provided
sufficient information has been provided to the Township to demonstrate to the
satisfaction of the Building Official that the portion authorized to be constructed
substantially complies with this and other applicable bylaws and the Permit fee
applicable to that portion of the building or structure has been paid; and
notwithstanding the issuance of the Permit, the requirements of this Bylaw apply
to the remainder of the building or structure as if the Permit for the portion of the
building or structure had not been issued.
15.7
When a site has been excavated under a Permit issued pursuant to this Bylaw and
the Permit has expired in accordance with Section 15.4, but without the
construction of a building or structure for which the Permit was issued having
commenced, the owner shall fill in the excavation to restore the original gradients
of the site within 60 days of being served notice by the Township to do so.
15.8
An application shall be cancelled if the permit has not been issued and the permit
fee not paid within 180 days of the date of notification to the owner/applicant that
the permit is ready for issuance.
15.9
A Building Official may renew a Permit when a completed application has been
received and the owner has paid all applicable fees set out in Section 14. The
Permit shall be valid for one year from the previous expiry date.
16.
DISCLAIMER OF WARRANTY OR REPRESENTATION
16.1
The issuance of a Permit under this Bylaw, the review or acceptance of the design,
drawings, plans, specifications or supporting documents, or any inspections made
by or on behalf of the Township shall not constitute in any way a representation,
warranty, assurance or statement that the Building Code, this Bylaw or any other
applicable enactments have been complied with or that the building or structure
meets any standard of materials or workmanship, and no person shall rely on any
Bylaw No. 2899
16
of those acts as establishing compliance with the Building Code, this Bylaw or any
standard of construction.
16.2
The issuance of a Permit under this Bylaw, the review or acceptance of the design,
drawings, plans, specifications or supporting documents, or any inspections made
by or on behalf of the Township shall not in any way relieve the owner from full and
sole responsibility to perform the work in strict compliance with the Building Code,
this Bylaw and or other applicable enactments.
17.
RESPONSIBILITIES OF THE OWNER
17.1
Every owner shall ensure that all construction complies with the Building Code,
this Bylaw and other applicable enactments.
17.2
Every owner shall be responsible for the cost of repair of any damage to municipal
works, infrastructure or property that occurs during construction.
17.3
Every owner to whom a Permit is issued shall, during construction:
17.3.1 post and maintain the Permit in a dry and conspicuous place on the
property in respect of which the Permit was issued;
17.3.2 keep a copy of the accepted designs, plans and specifications on the
property; and
17.3.3 post the civic address on the property in a location visible from any
adjoining streets.
18.
INSPECTIONS
18.1 The owner shall give at least 48 hours notice to the Township when requesting an
inspection and shall obtain an inspection and receive written acceptance from a
Building Official of the following aspects of the work prior to concealing or covering
such work:
18.1.1 the foundation and footing forms, before concrete is poured; and upon the
owner obtaining a certificate from a licensed British Columbia Land
Surveyor to confirm the location of the building or structure on the site
other than an accessory building for which the required setbacks can be
otherwise confirmed;
18.1.2 installation of perimeter drain tiles and damp proofing, prior to backfilling;
18.1.3 the preparation of ground, including ground cover, when required, prior to
the placing of a concrete slab;
18.1.4 rough-in of all chimneys and fireplaces and solid fuel burning appliances;
18.1.5 framing after the roof, all framing, fire blocking and bracing is in place, and
all pipes, vents, chimneys, electrical wiring, roof space and crawlspace
vents are complete;
Bylaw No. 2899
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18.1.6 rough-in plumbing;
18.1.7 fireplaces after the installation of the smoke damper and prior to the
installation of the first flue liner and any material that would conceal the
details of the construction of the fire-box and smoke chamber;
18.1.8 masonry construction and/or concrete construction as detailed in the
Permit;
18.1.9 insulation and vapour barrier;
18.1.10 installation of solid fuel burning appliances, furnaces or boiler installations
prior to being placed in service;
18.1.11 all plumbing prior to occupancy;
18.1.12 the health and safety aspects of the work when the building or structure
is substantially complete and ready for the occupancy; and
18.1.13 final inspection after the building has been completed and ready for
occupancy.
18.2
No person shall conceal or cover aspect of the work referred in Section 18.1 until
a Building Official has inspected and accepted such work in writing.
18.3
Section 18.1 does not apply to any aspect of the work that is a subject of a
registered professional's letter of assurance provided in accordance with this
Bylaw.
18.4
When a registered professional provides a letter of assurance in accordance with
this Bylaw, the Township 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 substantially conforms to the approved
design, and that the construction substantially complies with the Building Code,
this Bylaw and any other applicable enactments.
18.5 Notwithstanding Section 18.4, a Building Official may attend the site from time to
time during the course of construction to ascertain that the field reviews are taking
place and to monitor the field reviews undertaken by the registered professional.
18.6
A Building Official may attend periodically at the site of the construction of standard
buildings or structures to ascertain whether the health and safety aspects of the
work are being carried out in substantial compliance with those portions of the
Building Code, this Bylaw and any other application enactments concerning health
and safety.
19.
OCCUPANCY PERMITS
19.1
No person shall occupy a building or structure or part of a building or structure until
an occupancy Permit has been issued.
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19.2
An occupancy Permit shall not be issued unless:
19.2.1 all letters of assurance have been submitted when required in accordance
with this Bylaw; and
19.2.2 all aspects of the work requiring inspection and acceptance pursuant to this
Bylaw have been inspected and accepted in writing.
19.3
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 the requirements set out in Section 9.6 have been met with respect
to it.
20.
RETAINING STRUCTURES
20.1
A registered professional shall supervise the design and construction of a retaining
structure greater than 1.2 metres in height.
20.2
Copies of the design plan and field review reports prepared by the registered
professional for all retaining structures greater than 1.2 metres in height shall be
submitted to a Building Official prior to acceptance of the works.
21.
ENFORCEMENT AND PENALTIES
21.1
A Building Official may order the cessation of any work that is proceeding in
contravention of the Building Code or this Bylaw by posting a Stop Work Order in
a conspicuous place on the property to which the Order applies.
21.2
The owner of property on which a Stop Work Order has been posted, and every
other person, shall cease all construction work immediately and shall not do any
further work until all applicable provisions of this Bylaw have been substantially
complied with and the Stop Work Order has been rescinded in writing by a Building
Official.
21.3. Where any person occupies a building or structure or part of a building or structure
in contravention of Section 4.2, a Building Official may post a Do Not Occupy Order
in a conspicuous place on the property to which the Order applies.
21.4
The owner of property on which a Do Not Occupy Order has been posted, and
every other person, shall cease occupancy of the building or structure immediately
and shall refrain from further occupancy until all applicable provisions of the
Building Code and this Bylaw have been substantially complied with and the Do
Not Occupy Order has been rescinded in writing by a Building Official.
21.5
Every person who contravenes any provision of this Bylaw commits an offence and
shall be liable to a fine of not more than $10,000, or to imprisonment for not more
than 6 months, or to both.
21.6
Every person who fails to comply with any order or notice issued by a Building
Official or who allows a violation of this Bylaw to continue contravenes this Bylaw.
21.7 In addition to any other penalty that may be imposed:
Bylaw No. 2899
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21.7.1 Every person who commences work requiring a Permit without first
obtaining such Permit shall pay an additional fee equal to 100% of the fee;
21.7.2 Every person who commences work requiring a Permit without first
obtaining such Permit, and a Stop Work Order has been issued by a
Building Official relating to such work, shall pay an additional fee equal to
150% of the fee.
21.8
Each day that an offence continues or exists shall be deemed to be a separate
and distinct offence.
22.
SEVERABILITY
22.1
If any section, subsection, or clause of this Bylaw is for any reason held to be
invalid by any court of competent jurisdiction, the invalid portion shall be severed
and the validity of the remaining portions of this Bylaw shall not be affected.
23.
SCHEDULES
23.1
The Schedules attached to this Bylaw form part of this Bylaw.
24.
HEADINGS
24.1
Section headings do not form part of this Bylaw, and are included for convenience
only and are not to be used in interpreting this Bylaw.
25.
REPEAL
25.1 "The Building Code Bylaw No. 2002, 2538", and all amendments thereto, are
hereby repealed.
Bylaw No. 2899
20
READ a first time by the Municipal Council on the 17th day of July, 2017.
READ a second time by the Municipal Council on the 17th day of July, 2017.
READ a third time by Municipal Council on the 17th day of July, 2017.
ADOPTED by the Municipal Council on the 21st day of August, 2017.
_________________________________
_________________________________
BARBARA DESJARDINS, MAYOR
ANJA NURVO, CORPORATE OFFICER
A-1
BUILDING REGULATION BYLAW, 2017, NO. 2899
SCHEDULE A
Note: Fees under this Schedule are subject to applicable Taxes
Fees are rounded up to the nearest Dollar
DESCRIPTION
FEE
1.
Plan Processing Fee
(1) Plan-processing fee for any application for Permit:
25% of Permit Fee
(2) Maximum plan-processing fee:
$2,000
(3) Minimum plan-processing fee:
$50
2.
File Search Fee
File search fee for time spent by municipal staff to
$50/hour or any
respond in writing to request by owner for:
portion thereof
(1) Zoning of property
(2) Age of property
(3) Permit history
(4) Outstanding orders
(5) Locating plans on file related to Permits
3.
Building Permit Fee
Permit fee shall be based on value of construction covered
by Permit, calculated as following:
(1) (a) value of construction of $1,000.00 or less:
$100
(b) value of construction over $1,000.00:
- for first $1,000
$100
- for next $99,000
plus $13 per $1,000
or part thereof
- for next $400,000
plus $11 per $1,000
or part thereof
- over $500,000
plus $9 per $1,000
Table below is for illustration purposes only:
Value of Construction ($)
Fee
100,000
- 1,387.00
150,000
1,937.00
200,000
2,487.00
300,000
3,587.00
400,000
4,687.00
500,000
5,787.00
1,000,000
10, 287.00
Bylaw No. 2899
A-2
(c) Calculation of value of construction for Permit fee shall be based on:
(i) Construction contract cost including reasonable extra costs (a copy of
contract documents may be required at time of application).
(ii) Where there are no contract documents, applicant shall supply estimated
cost of construction based on plans and specifications that form part of
application.
(iii) The final value of construction shall be established by a Building Official.
4.
Re-inspection Fee
Where determined by a Building Official that, due to
non-compliance with this Bylaw, more than two
inspections are necessary for each type of inspection,
the fee for each inspection after the second inspection
shall be:
$50
5.
Special Inspection Fee
(1) Where there is a request for a required Permit
inspection to be done outside of normal business
hours of the Township, a fee based on the actual time
spent making such inspection, including traveling
time, shall be charged at:
$90/hour
(2) The minimum inspection time shall be 1 hour.
6.
Permit Renewal Fee
(1) Permit renewal fee:
20% of Permit fee
(2) Maximum renewal fee:
$500
(3) Minimum renewal fee:
$50
7.
Demolition Permit Fee
Fee for Permit to demolish, deconstruct or remove
building or structure:
$200
8.
Other Permit Fees
Masonry or Metal Fireplace:
$50
Masonry or Metal Chimney
(issued with Permit for fireplace):
$35
Masonry or Metal Chimney
(issued without Permit for fireplace) - Single flue:
$35
- Multiple flue (each):
$20
Wood Stove:
$50
Fireplace Insert (each):
$50
Bylaw No. 2899
A-3
Chimney Repair - Single flue:
$20
- Multiple flue (each):
$20
Sign Permit:
$50
9.
Plumbing Permit Fee
The minimum fee for a plumbing permit shall be $50
Plumbing fixtures:
- 1 to 10 fixtures (each):
$15
- additional fixtures (each):
$10
Hot water storage tank installation:
$15
Repairing or altering drainage or vent piping:
$25
Installation of internal roof leader (each):
$10
Fire protection standpipe and hose system:
- 1 to 2 hose connections inclusive (each):
$15
- additional hose connections (each):
$ 7.50
Fire protection sprinkler system:
- 1 to 5 sprinklers, inclusive (each)
$20
- additional 20 sprinkler heads
$20
Special inspection:
$25
Water service pipe:
$25
Underground irrigation system - backflow prevention:
$25
Renewal fee for Plumbing Permit:
20% of Permit fee to
maximum of $100
10.
Sewer Sewer and Storm Drain Permit Fee
Area sumps and catch basins (each):
$10
Manholes (each):
$30
Interceptors and acid neutralizers (each):
$30
Up to 30 metres (property line to house):
- Laying of a building storm sewer (each):
$30
- Laying of a Building sanitary sewer (each):
$30
- Altering or renewing a storm sewer (each):
$30
- Altering or renewing a sanitary sewer (each):
$30
30 metres and over:
$20
for
each
additional
30 metres or part
thereof
Bylaw No. 2899
A-4
Altering or renewing subsoil drainage system:
$30
Renewal fee for Sewer and Storm Drain Permit:
20% of Permit fee to
maximum of $100
11.
Fee for Connection and Replacement of Sanitary Sewer and Storm Drain
(1) Fee for sanitary sewer and storm drain connection within Township right-of-way:
100mm Sanitary sewer (separate ditch):
$5,000
100mm Storm drain (separate ditch):
$5,000
150mm Sanitary sewer (separate ditch):
$6,500
150mm Storm drain (separate ditch):
$6,500
100mm Sanitary sewer &
100mm Storm drain (combined ditch):
$6,000
100mm Sanitary sewer &
150mm Storm drain (combined ditch):
$7,000
150mm Sanitary sewer &
150mm Storm drain (combined ditch):
$8,000
(2) If 2 sanitary or 2 storm sewer pipes are installed in a combined ditch, the cost shall
be the same as for a sanitary and storm sewer in a combined ditch.
(3) All connections and/or extensions above 150mm diameter shall be installed at cost.
An estimated cost shall be provided at the time of request for the connection.
(4) When rock is encountered in the sewer/drain trench, a fee equivalent to the cost will
be imposed for drilling, blasting, re-excavation, extra surface restoration, and any
other cost incurred for the removal shall be added to and form part of the fee for sewer
and drain connections. Where feasible, estimated rock removal costs will be provided,
and a deposit shall be paid to the Township in sufficient amount to cover these costs
prior to continuation of the installation.
(5) If the connection being installed is on a collector road, major road, or arterial
highway, an additional fee up to $5,000 will be payable to the Township to cover the
cost of proving traffic control.
12.
Test and Clear Fee
(1) 100 - 150mm of line:
$750
(2) Connection to be tested must be located at property line and exposed by the
Township; backfill restoration will be the responsibility of the Township.
(3) Additional fees for restoration will be charged when connection is located under
hard surfaces such as asphalt, concrete or pavers.
Bylaw No. 2899
A-5
13.
Capping Fee
(1) Fee, per line:
$750
(2) Connection to be capped must be located at property line and exposed by the
Township; backfill restoration will be the responsibility of the Township.
(3) Additional fees for restoration will be charged when connection is located under
hard surfaces such as asphalt, concrete or pavers.
14.
Road Allowance Occupation Permit Fee
To occupy any portion of Township road right-of-way,
including boulevards:
$25.00 per day
15.
Road Allowance Construction Permit Fee
(1) Prior to issuance of a Permit to construct any works within Township right-of-way,
including boulevards, a deposit of $500 is required to be provided to the Township.
(2) The deposit will be refunded upon completion of the works and upon the Township
being satisfied that no damage has occurred to the Township's property or works
located in the right-of-way.
(3) If any damage has occurred, the Township shall apply the deposit towards the cost
of repair of any damage and the applicant shall be responsible for paying any
amount remaining immediately upon being invoiced therefor by the Township.
16. Reduction of Permit Fee
Where a registered professional as defined by the Building Code, reviews and certifies an
application for a Permit as being in compliance with the Building Code and applicable
Township bylaws, and where the Township relies upon that certification in issuing a
Permit, the Permit fee shall be reduced by 5%.
17.
Refund of Permit Fee
(1) A Permit fee may be partially refunded upon written request by the owner, provided a
Building Official has certified that work has not been commenced and the Permit has
not expired.
(2) Where a refund of a Permit fee is approved, it shall be calculated based on 60% of
the Permit fee after deducting the plan-processing fee.
(3) No refund of Permit fee shall be approved where an inspection has been made or any
work has commenced pursuant to the Permit.
Bylaw No. 2899
A-6
18.
Damage Deposit
(1) At the time of issuance of a Permit for a building or demolition, a deposit of $2,500.00
is required for restoration of damage to any Township property or works, as required.
(2) The deposit shall be refunded if:
(i) there is no damage to Township property or works;
(ii) no invoice has been issued for recovery of the cost of repair to Township
property or works; and
(iii) an occupancy permit has been issued.
(3) The deposit shall be forfeited to the Township if a formal inspection is not called for
and approved either within two years of the issuance of the Permit, or prior to the expiration
date of a permit renewed in accordance with subsection 15.9, whichever is later.
(4) The deposit may be waived by the Township, if, in the opinion of a Building Official,
given the scope of the work, damage to Township property or works is unlikely to
occur.
B-1
BUILDING REGULATION BYLAW, 2017, NO. 2899
SCHEDULE B
APPLICANT ACKNOWLEDGEMENT:
(1)
I the undersigned confirm that I am the registered owner of the property to which this
application applies.
(2)
I acknowledge that if I am granted a Permit pursuant to this application, I am responsible
for compliance with the Building Code, this Bylaw and any other applicable enactment,
code, regulation or standard relating to the work in respect of which the Permit is issued
whether or not the said work is undertaken by me or by those whom I may retain or employ
to provide design and/or construction services.
(3)
I acknowledge that neither the issuance of a Permit under this Bylaw, nor the acceptance
or review of a plans, specifications, drawing or supporting documents, nor inspections
made by or on the behalf of the Township constitute any representation, warranty,
assurance or statement that the Building Code, this Bylaw or any other applicable
enactment, code, regulation or standard has been complied with.
(4)
Where the Township requires that any letter of assurance be provided by a Registered
Professional pursuant to the Building Code or this Bylaw, I confirm that I have been
advised in writing by the Township that it will rely exclusively on the letters of assurance
of
Professional
Design
and
Commitment
for
Field
Review
prepared
by
______________________________ (Insert name) in reviewing the plans, drawings,
specifications and supporting documents submitted with this application for a Permit; and
further I confirm that I have relied only on the said Registered Professional for the
adequacy of plans, drawings, specifications and supporting documents submitted with this
application.
(5)
I understand that I should seek independent legal advice in respect of the responsibilities
I am assuming upon the granting of a Permit by the Township pursuant to this application
and in respect of the execution of this Acknowledgement
(5)
I confirm that the information submitted with this application is accurate and may be relied
upon by the Township.
BY SIGNING BELOW, I HEREBY CONFIRM AND ACKNOWLEDGE THAT I HAVE READ AND
UNDERSTOOD THE APPLICATION FORM AND THIS ACKNOWLEDGEMENT.
Signature: Owner Date ____________________