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THE CORPORATION OF THE DISTRICT OF KENT
BUILDING BYLAW NO. 1116, 1997
EFFECTIVE DATE:
FEBRUARY 24, 1997
CONSOLIDATED FOR CONVENIENCE ONLY
(March 30, 2009)
This is a consolidation of the bylaws listed below. The amendment bylaws have been combined with the
original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the
original bylaws should be consulted for interpretation and application of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
1178 (Sections 1.01 & 12.01; Appendix "A")
November 29, 1999
1195 (Section 23.01)
December 17, 2001
1421 (Appendix "A")
September 29, 2008
The bylaw numbers highlighted in this consolidation refer to the bylaws that amended the principle Bylaw
No. 1116, 1997. The number of any amending bylaw that has been repealed is not referred to in this
consolidation.
Obtainable from the Corporate Services Department
Consolidated Bylaw 1116 -
Page 2
THE CORPORATION OF THE DISTRICT OF KENT
BUILDING BYLAW NO. 1116
"A bylaw to establish building regulations and rates."
WHEREAS the Municipal Act, R.S.B.C. 1979, c.290 provides that the Municipal Council
may, for the health, safety and protection of persons and property, by bylaw regulate in
respect of the construction of works, buildings, and structures, including prescribing
conditions generally governing the issue and validity of permits, inspection of works,
buildings and structures and providing for the levying and collecting of permit fees and
inspection charges:
AND WHEREAS the Municipal Act provides that the Municipal Council may exercise for
all or part of the Corporation of the District of Kent the building regulation powers
contained in the Municipal Act;
NOW THEREFORE the Municipal Council of the Corporation of the District of Kent, in
open meeting assembles, ENACTS AS FOLLOWS:
INTERPRETATION
1.01 In this Bylaw
"Agent" means a person, authorized in writing by the owner, to represent the
owner and includes a person, firm or corporation;
"assembly occupancy" means the occupancy or the use of a building, or part
thereof, by a gathering of persons for a civic, political, travel, religious, social,
educational, recreational or like purposes, or for the consumption of food or drink;
"building" means any structure used or intended for supporting or sheltering any
use or occupancy;
"building code" means any regulation made by the Minister of Municipal Affairs,
Recreation and Housing under Section 740 of the Municipal Act;
"building inspector" means a person appointed by the Municipal Council as a
building inspector for the Corporation of the District of Kent;
"building permit" means that certain document authorizing construction, the form
of which is set out in Schedule "B" to this Bylaw;
"construction" includes erection, repair, alteration, enlargement, placement,
addition, demolition, removal and excavation but excludes repainting or exterior
or interior surfaces;
Consolidated Bylaw 1116 -
Page 3
"coordinating registered professional" means a registered professional retained
under section 15.02(1)(a) to coordinate all design work and field reviews of the
registered professionals required for the project;
"farm building" means a building or part thereof which does not contain a
residential occupancy and which is associated with and located on land devoted
to the practice of farming, and used essentially for the housing of equipment or
livestock, or the production, storage or processing of agricultural and horticultural
produces or feeds;
"farm building code" means the Canadian Farm Building Code, 1990, as issued
by the Associate Committee on the National Building Code, National Research
Council of Canada
"field review" means a review of the work
(a)
at a project site of a development to which a building permit relates,
and
(b)
where applicable, at fabrication locations where building
components are fabricated for use at the project site
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 prepared by the registered
professional for which the building permit is issued:
"Municipal Council" means the governing and executive body of the Corporation
of the District of Kent;
"no occupancy notice" means a notice in writing, the form of which is set out in
Schedule "E" to this Bylaw, issued by the building inspector which indicates that
a building or part thereof is not authorized for occupancy;
"occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property;
"occupancy permit" means that certain document authorizing occupancy, the
form of which is set out in Schedule "D" to this Bylaw;
"registered professional" means
(a)
a person who is registered or licenced to practise as an architect
under the Architects Act, or
(b)
a person who is registered or licenced to practice as a professional
engineer under the Engineers and Geoscientists Act;
(Amend By 1178)
"residential" means as defined in the current addition edition of the British
Columbia Building Code;
Consolidated Bylaw 1116 -
Page 4
"security" means cash, certified cheque, or irrevocable letter of credit;
"stop work order" means a notice in writing, the form of which is set out in
Schedule "F" to this Bylaw, issued by the building inspector requiring the
immediate suspension of all construction of all or part of the building;
"structure" means any construction fixed to, supported by or sunk into land or
water; and
(Amend By 1421)
"value" means the construction value as calculated under Schedule "A" to this
Bylaw the current Fees and Charges Bylaw.
LIMITS ON NATURE OF THE CORPORATION OF THE DISTRICT OF KENT ROLE
2.01 Not withstanding any provision in this or any other bylaw, neither
(a)
the issuing of a permit,
(b)
the submission of an application or the giving of an inspection
notice by an owner or his agent, or
(c)
any other action whatsoever arising under this Bylaw,
obligates or imposes a duty on the Corporation of the District of Kent or the
building inspector to inspect, to approve or to provide any other or further service
of any kind.
2.02 The Corporation of the District of Kent, its officers, employees, agents and
contactors shall not be liable for any direct or indirect loss, cost or damage,
however occasioned, incurred by an owner or its officers, employees, agents or
contractors, or any person taking under or from any of them, which arises in any
way from any failure of the Corporation of the District of Kent or the building
inspector to inspect, to approve or to provide any other or further service, or from
the limited nature of the provision of such inspection, approval or other service,
whether that failure or that limitation is a result of lack of funds or personnel, a
decision as to the allocation of resources, labour disturbances, actions of other
government authorities, acts of God, or any other cause whatever which, in the
sole opinion of the Corporation of the District of Kent or the building inspector,
causes the Corporation of the District of Kent or the building inspector not to
provide such services or to provide them in a limited manner.
FARM BUILDINGS
3.01 Farm buildings shall conform to the requirements in the farm building code.
Consolidated Bylaw 1116 -
Page 5
PROHIBITION
4.01 Every person commits an offence contrary to the provisions of this Bylaw who:
(a)
undertakes or authorizes any construction related to a structure or
any work for which a building permit is required under section
12.01(1) unless:
(i)
the building inspector has issued to him a valid building
permit, and
(ii)
the person complies with section 13 of this Bylaw as if he or
she were the owner;
(b)
does any work, or permits any work to be done, which contravenes:
(i)
the building code;
(ii)
any other applicable enactment respecting safety; or
(iii)
a covenant registered pursuant to section 215 or the Land
Title Act R.S.B.C. 1979 c.219 against the property at issue
pursuant to either section 82 of the Land Title Act or section
734(4) of the Municipal Act;
(c)
does any work, or permits any work to be done, that is at variance
with the description, plans and specifications for the structure, work
or thing which have been submitted in support of a building permit
application and for which a building permit has been issued, unless
such variance has been approved by the building inspector;
(d)
does any work, or permits any work to be done, after:-
(i)
a stop work order has been posted, or
(ii)
a building permit has lapsed, or
(iii)
a building permit has been revoked;
(e)
occupied, uses or permits to be used or occupied any building or
part thereof:-
(i)
without a valid occupancy permit or written permission of the
building inspector, or
(ii)
after a no occupancy notice has been issued by the building
inspector;
Consolidated Bylaw 1116 -
Page 6
(f)
prevents or obstructs or seeks or attempts to prevent or obstruct
the entry of a building inspector administering or enforcing this
Bylaw;
(g)
unless authorized by the building inspector, reverses, alters,
defaces, covers, removes or in any way tampers with any notice or
certificate affixed to any structure pursuant to any provision of this
Bylaw:
(h)
in relation to an application for any permit under this bylaw, submits
false or misleading information:
(i)
changes or permits the changing of occupancy of a building
or part thereof unless the building inspector has issued to
the applicant a valid building permit; or
(j)
contravenes any other provision of this Bylaw.
PENALTIES
5.01 Every person who commits an offence contrary to the provisions of this Bylaw is
liable on summary conviction to a penalty of not more than $2,000.00 or
imprisonment for up to six months in addition to the costs of prosecution.
5.02 Each day that a violation is permitted to exist constitutes a separate offence.
5.3
Upon conviction, the justice or Court may direct that no prosecution under
section 5.02 of this bylaw may be made with respect to the continuance of the
violation, for such period of time as he or she directs, and he or she may order
the violator to remedy the violation.
DUTIES OF THE BUILDING INSPECTOR
6.01 The building inspector shall keep records of any application received, permits
and orders issued, inspections and tests made, and shall retain copies of all
significant papers and documents connected with the administration of this
Bylaw, all for at least seven years.
POWERS OF THE BUILDING INSPECTOR
7.01 The building inspector may enter upon any property or premises or any building
or structure at all reasonable times for the purpose of administering or enforcing
this Bylaw, including without limitation for the purpose of ascertaining whether the
regulations and provisions of this Bylaw are being or have been complied with.
Consolidated Bylaw 1116 -
Page 7
STOP WORK ORDERS
8.01 (1)
Where any structure, in whole or in part:
(a)
is being constructed in contravention of the building code or this or
any other bylaw of the Corporation of the District of Kent;
(b)
is at variance with the description, plans or specifications for the
structure which have been submitted in support of a building permit
application;
(c)
is being constructed without a building permit having been issued
by the building inspector and not having lapsed or been revoked; or
(d)
is being constructed in contravention of a covenant registered
pursuant to section 215 or the Land Title Act against the property at
issue pursuant to either section 82 of the Land Title Act or section
734(4) of the Municipal Act
the building inspector may issue a stop work order by causing notice of it
to be attached to the structure or posted in a prominent position on the
subject property requiring the immediate suspension of any construction
and, for so long as a stop work order is in effect, no person shall work on
that structure in contravention of the terms of the stop work order;
(2)
A stop work order notice shall not be lifted until the violation has been
corrected.
NO OCCUPANCY NOTICE
9.01 Where any structure:
(a)
for which a building permit has been issued in whole or in part:
(i)
contravenes the health and safety requirements of the
building code; or
(ii)
contravenes the health and safety requirements of this or
any other bylaw of the Corporation of the District of Kent or
of any statute; or
(iii)
contravenes a covenant registered pursuant to section 215
of the Land Title Act against the property at issue pursuant
to either section 82 or the Land Title Act or section 734(4) of
the Municipal Act; or
(b)
is being or has been constructed without a building permit having
been issued by the building inspector;
Consolidated Bylaw 1116 -
Page 8
the building inspector may issue a no occupancy notice by causing the
notice to be attached to the structure, an for so long as a no occupancy
notice is in effect, no person shall occupy that structure in contravention of
the notice.
BUILDING PERMITS
Application for a Permit
10.01 The application for a building permit shall:
(a)
be made in the form set out in Schedule "B" to this Bylaw;
(b)
be signed by the owner(s) or an agent authorized in writing by the
owner(s).
(c)
state the intended use of the work for which the building permit
application is made, and the intended use of all the buildings and
structures located on the parcel of land in respect of which the
building permit application is made;
(d)
include as exhibits two copies of the specifications and scale
drawings of the structure with respect to which the work is to be
carried out, such specifications and drawings to contain complete
design and calculation criteria, the name and address of the
designer and the following information:
(i)
the dimensions of the structure;
(ii)
the proposed use of each room or floor area;
(iii)
the dimensions of the parcel of land on which the structure is
or is to be located, including its location in respect of the
parcel boundaries;
(iv)
the location, height and horizontal dimensions of all existing
structures on the land;
(v)
driveway access and parking arrangements;
(vi)
elevations, site drainage, parking arrangements and access
for all commercial, industrial or multi-family residential
construction;
(vii)
the technical information specified in the building code and
other parts of this Bylaw required to be included on the
drawings relating to those parts;
Consolidated Bylaw 1116 -
Page 9
(viii)
the location and size of every drain and of every trap or
inspection piece that is on a drain
(ix)
in section the size and location of every soil or waste pipe,
trap and vent pipe; and
(x)
information illustrating all features of the design of the
structure
(xi)
the location of any existing or proposed wells, septic tanks or
fields and any other utilities or services on the parcel of land
(Amend By 1421)
(e)
be accompanied by the applicable fee set out in Schedule "A" to
this Bylaw the current Fees and Charges Bylaw; and
(f)
contain all other information necessary to establish compliance with
the building code, this Bylaw, other bylaws of the Corporation of the
District of Kent, and any covenant registered pursuant to Section
215 of the Land Title Act against the property at issue pursuant to
either section 82 of the Land Title Act or section 734(4) of the
Municipal Act; and
(g)
shall employ metric measurements for dimensions, specifications
and scale drawings where such documents are required to be
submitted.
Applications for Buildings Requiring Specialized Technical Knowledge and Assembly or
Public Use Buildings
10.02 Notwithstanding any other provisions of this Bylaw:
(a)
a professional engineer or architect registered in the Province of
British Columbia shall prepare and sign all drawings, specifications
for and plot plans of, and shall supervise construction of, any
structure to be constructed the specifications of which are not
governed by the provisions of the building code; and
(b)
where the application for a building permit is for a proposed
structure which is intended to be used for assembly or public use,
the building inspector shall not issue a building permit if the plans
and specifications submitted with the building permit application do
not conform with the requirements of the Fire Code of British
Columbia.
Issuance of a Permit
10.03 Where the requirements of this Bylaw have been met and:
(a)
an application has been made for a building permit;
Consolidated Bylaw 1116 -
Page 10
(b)
the proposed work set out in the application conforms with this
Bylaw, all other bylaws of the Corporation of the District of Kent,
and the building code;
(Amend By 1421)
(c)
the applicant for a building permit has paid to the Corporation of the
District of Kent the fee set out in Schedule "A" to this Bylaw the
current Fees and Charges Bylaw;
(d)
unless the proposed work is to be carried out on land within an
established sewerage district, within a month prior to the date of the
application wither the Medical Health Officer appointed under the
Health Act R.S.B.C. 1979, c. 161 for the area in which the subject
of the application is or is to be located or the Director of Waste
Management appointed under the Waste Management Act
R.S.B.C. 1979, c. 332 has issued a permit for sewage disposal for
the work;
(e)
the applicant has received a permit required under the Highway Act
R.S.B.C. 1979, c. 167 or the Corporation of the District of Kent
Highway Access Bylaw; and
(f)
the applicant has complied with any requirements of the building
inspector under section 734(2) to (6) of the Municipal Act;
the building inspector shall issue a building permit which the application is made.
Refusal of a Building Permit
10.04 Notwithstanding section 10.3 of this Bylaw, the building inspector may refuse to
issue a building permit if:
(a)
the information submitted is inadequate to determine compliance
with, or is contrary to the provisions of this Bylaw, other bylaws of
the Corporation of the District of Kent, the building code, or any
covenant registered pursuant to section 215 of the Land Title Act
against the property at issue pursuant to either section 82 of the
Land Title Act or section 734(4) of the Municipal Act;
(b)
the information submitted is incorrect or misleading;
(c)
issuance of the building permit is prohibited by or contrary to a
provision of another bylaw, statute or regulation;
(d)
the proposed work would contravene the provisions of a covenant
registered pursuant to section 215 of the Land Title Act against the
property at issue pursuant to either section 82 of the Land Title Act
or section 734(4) of the Municipal Act;
Consolidated Bylaw 1116 -
Page 11
(e)
he or she is aware that the design as submitted, or the designer in
preparing, or submitting the design, is or is acting contrary to this
bylaw or another enactment; or
(f)
the circumstances described in section 10.06 apply.
Lapse of a Permit
10.05 (1) Every permit is issued on the conditions that:
(a)
the construction shall be commences within six months after the
date the permit was issued;
(b)
the work, once commenced, shall not be discontinued for a
continuous period of more than one year; and
(2)
Notwithstanding section 10.05(1), the time periods referred to in sections
10.05(1)(a) and 10.05(1)(b) may be extended by written approval of the
building inspector where the circumstances leading to the delay were
beyond the control of the applicant. Such extensions of time shall not
exceed totals of six months and one year respectively.
Tests
10.06 The building inspector may revoke, or refuse to issue a building permit where the
results of tests authorized or required under the building code indicate that
materials, devices, construction methods, structural assemblies or foundation
conditions do not provide the level of performance required by the building code.
Renewal of a Permit
10.07 (1)
An applicant may apply for and the building inspector may issue a
renewal of a building permit for a period of not more than one year, only if:
(i)
all applicable drawings and specifications are updated to comply
with current regulations; and
(Amend By 1421)
(ii)
an additional fee is paid as required under Schedule "A" to this
Bylaw the current Fees and Charges Bylaw.
(2)
A permit may be renewed only once under section 10.07.1);
(3)
No permit may be renewed after it has lapsed under section 10.05(2)
Consolidated Bylaw 1116 -
Page 12
Revoking a Permit
10.08 The building inspector may by delivery of a written notice of revocation to a
permit holder revoke a building permit where:
(a)
there is a contravention of any term or condition under which the
permit was issued;
(b)
there is a contravention of any provision of this Bylaw, other bylaws
of the Corporation of the District of Kent, the building code, or any
covenant registered pursuant to Section 215 of the Land Title Act
against the property at issue pursuant to either Section 82 of the
Land Title Act or Section 734(4) of the Municipal Act;
(c)
the permit was issued on the basis of incorrect or misleading
information supplied by the owner or agent; or
(d)
the circumstances described in section 10.06 apply;
(e)
the permit was issued in error.
Refunds of Building Permit Fees
(Amend By 1421) 10.09 (1)
The portion of the building permit fee set out as item 1 of Schedule "A" to
this Bylaw the current Fees and Charges Bylaw shall be the minimum
building permit fee and shall not be refundable.
(Amend By 1421)
(2)
The building permit fee required under Section 10.01(e) and set out in
Schedule "A" to this Bylaw the current Fees and Charges Bylaw shall not
be refunded in whole or in part if construction has been commenced in
accordance with Section 10.05(1)(a).
(3)
On the lapse of a building permit under section 10.05(2), if no construction
has commenced in accordance with Section 10.05(1)(a) the building
inspector shall, on receipt of a written request from the applicant, refund
50% of the fee paid, but not less than the minimum building permit fee.
OCCUPANCY PERMITS
11.01 No person shall occupy or permit the occupancy of a building before the building
inspector has:
(a)
issued an occupancy permit for the building after construction
authorized by the building permit is complete; or
(b)
given written permission for provisional occupancy if construction
authorized by the building permit is no complete.
Consolidated Bylaw 1116 -
Page 13
11.02 The building inspector may refuse to issue the occupancy permit or written
permission for provisional occupancy if the building or part thereof:
(a)
contravenes the health and safety requirements of the building
code;
(b)
contravenes the health and safety requirements of this or any other
bylaw of the Corporation of the District of Kent or of any statute;
(c)
contravenes a covenant registered pursuant to section 215 of the
Land Title Act against the property at issue pursuant to either
section 82 of the Land Title Act or section 734(4) of the Municipal
Act; or
(d)
has not been completed in substantial conformity with the plans
and specifications submitted with the building permit application
under 10.01(d).
DUTIES AND RESPONSIBILITIES OF OWNER
12.01 (1)
Subject to section 2.03, every owner of real property or his agent, in an
area of the Corporation of the District of Kent which is accessible by a
public road, highway or other means shall obtain from the building
inspector a building permit before commencing any construction, works, or
change in occupancy as described below:
(a)
the placing on any land of any manufactured or factory-built home
or of any housing component or modular structure;
(b)
the erection of any sign or canopy;
(c)
installation, alteration or repair of fencing around a swimming pool
as required under section 18.01;
(d)
the installation, repair or alteration within the property boundary or
on the property line of any sanitary sewer, storm drain, water line,
water meter, service connections or plumbing works;
(e)
any change in occupancy of a building or part thereof;
(f)
installation of or repairs to chimneys and fireplaces, including
freestanding fireplaces, stoves and solid fuel burning heaters;
(g)
any change in the kind or animals other than domestic pets housed
in the building;
(h)
all other construction or repairs to a structure of all building types;
(i)
removal or demolition of any structure; or
Consolidated Bylaw 1116 -
Page 14
(j)
installation, repair or alteration of gas or oil underground pipes and
fittings, tanks or pumps;
(k)
installation, repair or alteration to a manure storage facility.
(2) Potable Water System
(Amend. By 1178)
1.
Every water service pipe shall be provided with a shut-off valve
where the pipe enters the building. The shut off valve shall be
located within 0.5 metres of the access opening or be readily
accessible.
2.
In residential buildings the hot and cold supply pipes to each fixture
shall be provided with accessible shut off valves located as close
as possible to each fixture.
3.
Where a building is supplied with a private water supply system,
and a water pump and water tank are required they shall be
secured and located within 0.5 metres of the access opening or be
readily accessible
12.02 Every owner of real property or his agent as described in Section 12.01(1) shall:
(a)
before conduction trade waste or the waste from plumbing fixtures
to a public sewer:
(i)
determine whether the waste may be discharged into the
public sewer system and whether the public sewer system is
at a sufficient depth and has a sufficient capacity to receive
the discharge; and
(ii)
arrange the plumbing to suit the location of the connection
provided for the parcel by the Corporation of the District of
Kent or other authority;
(b)
before connecting a structure to a building sewer extension furnish
to the building inspector information to prove that the proposed
sewer will be laid at sufficient depth and in such a position as to
connect the property to the building sewer extension;
(c)
obtain from the building inspector written permission before
resuming construction which has been discontinued or suspended
on any structure for a period of more than one year;
(d)
promptly deliver to the building inspector records of the results of
any tests of materials, devices, construction methods, structural
assemblies, and foundation conditions, where the tests are made to
ensure conformity with the requirements of the building code or of
this Bylaw; and
Consolidated Bylaw 1116 -
Page 15
(e)
when required by the building inspector, uncover and replace at his
or her own expense any work that has been covered contrary to
this Bylaw or an order issued by the building inspector.
INSPECTIONS
13.01 (1)
Every holder of a building permit shall give notice to the building inspector
of his or her readiness for an inspection and shall obtain an approval from
the building inspector of each stage of construction set out in section
13.01(1)(a),(b) and (c). Such notice shall be a minimum of one full
working day. The stages of construction at which inspections and
approvals shall be required are as follows:
(a)
for a farm building:
(i)
before any concrete is poured, after the form work is
completed and the reinforcing bars for the footings are in
place.
(ii)
if reinforcing bars are required by the designer, before any
concrete is poured, and after the form work and reinforcing
bars for the foundation walls are in place.
(iii)
if the foundation is constructed of other than concrete, when
the foundation wall framing has commenced; and
(iv)
after the framing is complete, including all necessary
bracing, bridging or ties and exterior;
(b)
for a structure other than a farm building:
(i)
before any concrete is poured, after the form work is
completed and when the reinforcing bars for the footings are
in place;
(ii)
if reinforcing bars are required by the designer, before any
concrete is poured, and after the form work and reinforcing
bars for the foundation walls are in place;
(iii)
before any backfilling is placed, after the perimeter drain tile
is installed, the rain water system is installed and the damp
proofing is applied.
(iv)
before any insulation, drywall or other interior or exterior
finish is applied which would conceal the work, after framing
and sheathing of the building are complete, including fire
stopping, bracing and stairs;
Consolidated Bylaw 1116 -
Page 16
(v)
before any basement flooring is placed and before any
inside covering is commenced, after the plumbing system is
complete.
(vi)
in the case of a masonry fireplace:
(A)
after the smoke chamber is completed but before the
chimney above it is constructed; and
(B)
after the chimney is completed in accordance with the
building code;
(vii)
in the case of a free standing space heater fireplace, stove
or solid fuel burning heater, after the appliance is installed
and the chimney is completed, all in accordance with the
building code, but prior to any covering up which would
conceal the required clearances;
(viii)
before the interior finish is installed, after the insulation and
vapour barrier have been installed;
(ix)
in the case of commercial or assembly occupancy, after any
specialized apparatus and commercial equipment has been
installed;
(x)
in the case of commercial or assembly occupancy, after
construction of all construction pursuant to the building code
is complete;
(xi)
before occupancy takes place, after construction of the
structure or a portion thereof is complete and ready for
occupancy; and
(2)
Every holder of a building permit shall give at least two business days'
notice to the building inspector:
(i)
prior to commencing construction on a building site;
(ii)
before a drain or sanitary or storm sewer is covered; and
(iii)
before covering any work that has been ordered to be
inspected.
(3)
For demolition and moving permits the owner or contractor shall call for an
inspection once all debris and concrete has been removed (before
backfilling) and again once when site is left level and clean.
Consolidated Bylaw 1116 -
Page 17
13.02 The building inspector may require a holder of a building permit to uncover any
work which has been covered before it was inspected and approved by the
building inspector where this bylaw requires for said work to be inspected and
approved.
DUTIES AND RESPONSIBILITIES OF THE CONSTRUCTOR
14.01 Every:
(a)
person who contracts with an owner of real property or agent of the
owner to construct;
(b)
owner who contracts with more than one person to construct; or
(c)
owner who constructs;
shall:
(d)
ensure that all construction complies with:
(i)
the building code, and
(ii)
all health and safety requirements of this bylaw, other bylaws
of the Corporation of the District of Kent, other applicable
enactments, and any covenant registered pursuant to the
Land Title Act against the property at issue pursuant to
either section 82 of the Land Title Act or section 734(4) of
the Municipal Act; and
(iii)
the design, plans and specifications forming the basis of the
building permit issuance;
(e)
ensure that all construction safety requirements of this bylaw are
complied with; and
(f)
before starting or authorizing any construction or storage of
material on the Corporation of the District of Kent property obtain
permission in writing from the building inspector.
14.02 The owner/contractor shall provide the District of Kent with a Site Survey
Certificate at the foundation form work stage and shall be approved by the
Building Department before continuing work beyond this stage.
The Site Certificate shall show the elevations as noted on the Building Permit
and/or Restrictive Covenant.
The Survey Certificate shall be carried out by a B.C.L.S. (British Columbia Land
Surveyor).
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PROFESSIONAL DESIGN AND REVIEW
General
15.01 The requirements of this section 15 apply to an owner who applies for a building
permit for:
(a)
a building that falls within the scope of Part 3 of the building code;
(b)
structural components of buildings that fall within the scope of Part
4 of the building code;
(c)
a building that is designed with common egress systems for the
occupants and requires the use of firewalls, according to
subsection 2.1.7 of the building code;
(d)
construction which falls within the scope of Section 734(2) of the
Municipal Act;
(e)
construction which the building inspector is aware requires
professional design services under another enactment; or
(f)
construction which falls within the scope of section 10.02(a) of this
bylaw.
15.02 (1)
Before an owner obtains a building permit from a building inspector, the
owner shall
(a)
retain a coordinating registered professional to coordinate all
design work and field reviews of the registered professionals
required for the project in order to ascertain that:
(i)
the design will substantially comply with the building code
and other applicable enactments respecting safety, and
(ii)
the construction of the project will substantially comply with
the building code and other applicable enactments
respecting safety, not including the construction safety
aspects; and
(b)
deliver to the building inspector letters in the forms set out in
Schedules A, B-1 and B-2 to section 2.6 of the building code.
(2)
Before an owner obtains an occupancy permit from a building inspector,
the owner shall deliver to the building inspector letters in the forms set out
in Schedule "C" to section 2.6 of the building code.
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Duties of Registered Professional
15.03 (1)
A registered professional, who signs a letter, the form of which is set out in
a schedule under section 2.6 of the building code, and an owner who
signs or has an agent sign a letter, the form of which is set out in a
schedule under section 2.6 of the building code, shall comply with this
section and the provisions of the letter that apply to the person signing.
(2)
A registered professional or coordinating registered professional who is
responsible for a field review shall keep a record of the field review and of
any corrective action taken as a result of the field review and shall make
the record available to the building inspector on the request of the building
inspector.
(3)
A registered professional who is retained to undertake design work and
field reviews and who is required to provide letters pursuant to section
15.02(1)(b) shall:
(a)
place his or her professional seal or stamp on the plans submitted
by him or her in support of the application for the building permit,
after ascertaining that they substantially comply with the building
code and other applicable enactments respecting safety;
(b)
provide to the building inspector the letter referred to in Schedule
"C" to section 2.6 of the building code after ascertaining that the
components of the project for which the registered professional is
responsible are constructed so as to substantially comply, in all
material respects, with
(i)
the plans and supporting documents; and
(ii)
the requirements of the building code and other applicable
enactments respecting safety, not including construction
safety, not including construction safety aspects; and
(c)
ensure that the field reviews that are necessary to comply with
clause (b) are properly completed.
Duties on Termination of a Registered Professional or a Coordinating Registered
Professional
15.04 (1)
The owner and the coordinating registered professional shall each notify
the building inspector of the dates the coordinating registered professional
ceases to be retained at any time during the project's construction.
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(2)
The registered professional shall notify the building inspector of the date
the registered professional ceases to be retained at any time during the
project's construction.
(3)
Notification under subsections (1) and (2) must be made before the
coordinating registered professional or the registered professional ceases
to be retained or, if that is not possible, then as soon as possible.
(4)
The owner must not terminate the appointment of a coordinating
registered professional or a registered professional unless
(a)
the owner immediately replaces the coordinating registered
professional or the registered professional, or
(b)
the owner has complied with section 15.02(1)(b) and (2) by
delivering letters in the forms set out in Schedule A, B-1, B-2 and C
to section 2.6 of the building code to the building inspector.
DOCUMENTS ON SITE
16.01 Every person to whom a building permit is issued shall, during construction,
keep:
(a)
posted the building permit or a copy of it in a conspicuous place;
(b)
a copy of the approved drawings and specifications; and
(c)
posted in a location such that it is conspicuous from the road at all
times, the building permit weather card which is issued with the
building permit the form of which is set out in Schedule "C" to this
bylaw;
(d)
a list showing names of businesses and individual trades persons
responsible for carrying out works on the project
on the real property and in respect of which the building permit is issued.
MOVING BUILDINGS
17.01 (1)
For the purpose of this section a "mobile home" means a building which
was designed and manufactured in such a way as to facilitate periodic
relocation and transportation by highway and was certified at its point of
manufacture as conforming to CAN/CSA Z240 MH Series-M86.
(2)
Where a building is a mobile home as defined in 17.01(1) there shall be no
special requirements under this bylaw for moving.
(3)
Where a building is not a mobile home as defined in 17.01(1) with the
exception of:
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(a)
premanufactured, assembled buildings which can be certified as
complying with the building code; and
(b)
accessory buildings under 50m2 (538 sq. ft.) in area;
no person shall move any building or part thereof from any parcel of land to a
parcel of land located in the Corporation of the District of Kent, unless:
(c)
if the building is used or intended for use as a residence, the value
of the building as specified on the most recent assessment roll
prepared by the British Columbia Assessment Authority, exceeds
$20,000.00;
(d)
the building or part thereof conforms with the requirements of the
building code;
(e)
the building inspector has issued a building permit authorizing
moving of the building;
(Amend By 1421)
(f)
if the person has made application to move any building or part
thereof into the Corporation of the District of Kent, he or she has at
the time of application paid the fee prescribed in Item 1 of Schedule
"A" to this bylaw the current Fees and Charges Bylaw, which fee is
not refundable but shall be applied to the fees for a building permit
issued within two months of the date of the application to move the
building;
(g)
before receiving the permit to move any building either into or within
the Corporation of the District of Kent the person has:
(i)
paid to the Corporation of the District of Kent:
(A)
the fee to move a building or structure from one parcel
of land to another parcel of land within the Corporation
of the District of Kent as prescribed in Schedule "A" to
this bylaw the current Fees and Charges Bylaw; or
(Amend By 1421)
(B)
the fee to move a building or structure into the
Corporation of the district of Kent from outside the
Corporation of the District of Kent as prescribed in
Schedule "A" to this bylaw the current Fees and
Charges Bylaw; and
(Amend By 1421)
(ii)
posted security with the building inspector to ensure the
restoration of the former site, where such site is located
within the Corporation of the District of Kent, and to ensure
completion of the exterior finish of the foundation on the new
site, as prescribed in Schedule "A" to this Bylaw the current
Fees and Charges Bylaw; and
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(h)
the person has given the building inspector proof that:
(i)
the person moving the building is licensed to and has
previously moved buildings and carries public liability and
property insurance in the amount of not less than
$3,000,000; and
(ii)
the Corporation of the District of Kent has been named in
this insurance policy as an additional insured in respect of
any liability that may arise in relation to the moving of the
building or the Corporation of the District of Kent's exercise
of powers under this bylaw or another enactment.
(4)
If any person to whom a building permit is issued for the purpose of
moving a building fails to complete the remedial works required for the
restoration of the former site (where such site is located within the
Corporation of the District of Kent) and to complete the exterior finish of
the foundation on the new site within twelve months after the date the
permit is issued, the building inspector may deliver a written notice
directing the owner to remedy the non-compliance within thirty days after
the date of notice.
(5)
If the non-compliance under section 17.01(4) is not remedied within the
period of thirty days, the Corporation of the District of Kent may draw on
the security posted under section 17.01(3)(g) and may enter on the land
on which the building is located and remedy the non-compliance.
(6)
Nothing in this section removes the requirement under this bylaw to obtain
a separate building permit before construction of a foundation or other
works related to the proposed building move.
FENCING OF SWIMMING POOLS
18.01 Swimming pools shall be enclosed within a fence. The fence shall be not less
than 1.1 metres (3 feet 6 inches) in height, with no openings greater than 10 cm
(4 inches) in their least dimension. Access through the fence enclosing the
swimming pool shall be by means of a self-closing gate only. The gate and fence
shall be designed so as to cause the gate to return to a locked position when not
in use. The gate shall be secured by a spring lock which can be opened on the
swimming pool side only. For the purpose of this section, "swimming pool" shall
include any constructed or prefabricated pool used or intended to be used fro
swimming, bathing or wading, having a surface area greater than 13.9m2 (150 sq.
ft.) and a depth greater than 0.46 metres (18 inches).
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CLIMATIC DATA
19.01 Except as shown in the table in section 19.02 of this bylaw, climatic data for use
in the design of structures in the Corporation of the District of Kent shall be as
established by the most recent edition of the National Building Code of Canada
19.02
The following ground snow loads* shall apply:
LOCATION
APPROXIMATE
ELEVATION
(in metres above
sea level)
Ss
(ground snow load in
kPa with a 1-in-30
probability of
exceedence per year)
Sr
(load due to the
associated rain
which may fall into
the snow cover)
AGASSIZ
20
2.2
0.6
ROCKWELL DRIVE
40
2.4
0.6
* The above figures have been developed for spot locations, higher elevations
may dictate great loads.
CORRECTION OF VIOLATION
20.01 Where:
(a)
a written notice of any violation of the provisions of this bylaw relating to a
structure has been given to the owner of his or her agent by the building
inspector; or
(b)
any order directing the cessation of any work upon the structure has been
issued by the building inspector;
the building inspector shall not issue any permit for the construction, moving or
occupancy of the structure until:
(c)
the violations under this bylaw have been corrected; and
(d)
all works in connection with the structure comply with the requirements of
this bylaw.
REFERENCED DOCUMENTS
21.01 In the case of any conflict between the provisions of this bylaw and those of
documents incorporated by reference or referred to in this bylaw, other than the
building code, the provisions of this bylaw govern.
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SEVERABILITY
22.01 If any section, subsection, sentence, clause or phrase in this bylaw is for any
reason held to be invalid by a decision of any court of competent jurisdiction, the
decision shall not affect the validity of the remaining portions of the bylaw.
SCHEDULES
(Amend by 1421) 23.01 Schedules "A" the current Fees and Charges Bylaw, "B" through "F" inclusive
are attached to and form part of this bylaw.
IMPERIAL MEASUREMENTS
24.01 Imperial measurements shown in this bylaw in parentheses are included for
convenience of reference only and do not form part of this bylaw.
REPEAL OF THE CORPORATION OF THE DISTRICT OF KENT BUILDING BYLAW
NO. 994 and 1080
25.01 The Corporation of the District of Kent Building Bylaw No. 994, 1993, as
amended and District of Kent Building Bylaw, Amendment Bylaw No. 1080, be
hereby repealed.
NAME
26.01 This bylaw may be cited for all purposes as "The Corporation of the District of
Kent Building Bylaw No. 1116, 1997".
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Schedule "A"
Building Bylaw No. 1116 (Amended by Bylaw 1178, 1195 and 1421)
Building Permit Fees
(Amend by 1421)
1.
The fees schedule for Building Permits shall be defined within the current
Fees and Charges Bylaw
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Schedule "B"
Attached to and forming part of Bylaw No. 1116
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Schedule "C"
Attached to and forming part of Bylaw No. 1116
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Schedule "D"
Attached to and forming part of Bylaw No. 1116
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Schedule "E"
Attached to and forming part of Bylaw No. 1116
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Schedule "F"
Attached to and forming part of Bylaw No. 1116