Building Bylaw No. 2021-006 - consolidated to June 4, 2025
Lillooet, British Columbia
· No. 2021-006
· adopted 2021-06-22
· summary & facts
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Building Bylaw No.
2021-006
Consolidated to June 4, 2025
This is a consolidated copy for convenience only and is not a legal document. Certified
copies of the original bylaws should be consulted for all interpretations and
applications of the bylaws on this subject
Bylaws Included in Consolidation
Bylaw No.
Citation
Adopted
2021-006
Building Bylaw No. 2021-006
June 22, 2021
2023-008
Building Bylaw No. 2021-006, Amendment
Bylaw No. 2023-008
June 20, 2023
2025-025
Building Bylaw 2021-006, Amending Bylaw No.
2025-025
June 3, 2025
Contents
1.0
Title ..................................................................................................................................................................... 2
1.1.
Title ................................................................................................................................................................ 2
2.0
INTERPRETATION & SCOPE ....................................................................................................................... 3
2.1.
Purpose of Bylaw ...................................................................................................................................... 3
2.2.
Interpretation ............................................................................................................................................. 3
2.3.
Definitions ................................................................................................................................................... 4
2.4.
Severability .................................................................................................................................................. 7
3.0
APPLICATION AND EXEMPTIONS ........................................................................................................... 8
3.1.
Application .................................................................................................................................................. 8
3.2.
Limited Application to Existing Buildings ........................................................................................ 8
4.0
PROHIBITIONS .............................................................................................................................................. 10
4.1.
Prohibitions ............................................................................................................................................... 10
5.0
PERMIT CONDITIONS ................................................................................................................................ 12
5.1.
Permit Conditions ................................................................................................................................... 12
6.0
POWER OF A BUILDING OFFICIAL ......................................................................................................... 13
6.1.
Administration ......................................................................................................................................... 13
6.2.
Refusal and Revocation of Permits ................................................................................................... 13
6.3.
Right of Entry............................................................................................................................................ 13
6.4.
Powers ......................................................................................................................................................... 13
7.0
OWNER'S RESPONSIBILITIES ................................................................................................................... 15
7.1.
Permit Requirements ............................................................................................................................. 15
7.2.
Owner's Obligations .............................................................................................................................. 15
7.3.
Damage to Municipal Works .............................................................................................................. 16
7.4.
Demolition ................................................................................................................................................. 16
7.5.
Notice .......................................................................................................................................................... 17
8.0
OBLIGATIONS OF OWNER'S CONTRACTOR ...................................................................................... 19
8.1.
Obligations ................................................................................................................................................ 19
9.0
REGISTERED PROFESSIONAL'S RESPONSIBLITIES ........................................................................... 20
9.1.
Professional Design and Field Review ............................................................................................. 20
9.2.
Requirement for a Registered Professional ................................................................................... 20
9.3.
Professional Plan Certification ........................................................................................................... 21
10.0
BUILDING APPLICATION REQUIREMENTS ......................................................................................... 23
10.1.
Requirements Before Applying for a Building Permit ........................................................... 23
10.2.
Building Permit Applications for Complex Buildings............................................................. 24
10.3.
Building Permit Applications for Simple Buildings................................................................. 28
10.4.
Site and Location Information ....................................................................................................... 31
10.5.
Building Permit Fees & Charges ................................................................................................... 31
10.6.
Security Deposit with Building Permit Application ................................................................ 32
10.7.
Permit Fee Refunds ............................................................................................................................ 34
10.8.
Design Modification .......................................................................................................................... 34
10.9.
Construction Before Permit Issued .............................................................................................. 34
10.10.
Expiration of Application for a Permit ........................................................................................ 34
10.11.
Issuance of a Building Permit ......................................................................................................... 35
10.12.
Compliance with the Homeowner Protection Act .................................................................. 35
10.13.
Partial Construction ........................................................................................................................... 36
10.14.
Conditions of Building Permit ........................................................................................................ 36
10.15.
Inspections ............................................................................................................................................ 36
10.16.
Stop Work Order ................................................................................................................................ 39
10.17.
Do not Occupy Notice ...................................................................................................................... 40
10.18.
Inspection and Other Fees .............................................................................................................. 40
10.19.
Permit Expiration ................................................................................................................................ 40
10.20.
Permit Extension ................................................................................................................................. 41
10.21.
Building Permit Revocation ............................................................................................................ 41
10.22.
Building Permit Cancellation .......................................................................................................... 41
10.23.
Occupancy ............................................................................................................................................ 42
10.24.
Sanitary Facilities ................................................................................................................................ 43
10.25.
Energy Conservation and GHG Emission Reduction ............................................................. 44
11.0
RETAINING WALLS AND GRADES ......................................................................................................... 45
11.1.
Retaining Walls .................................................................................................................................... 45
12.0
BUILDING MOVE .......................................................................................................................................... 46
12.1.
Building Move ..................................................................................................................................... 46
13.0
NUMBERING OF BUILDINGS ................................................................................................................... 47
13.1.
Building Numbering .......................................................................................................................... 47
14.0
POOLS ............................................................................................................................................................. 48
14.1.
Swimming Pool Permit and Fencing ............................................................................................ 48
14.2.
Pool Gate ............................................................................................................................................... 48
14.3.
Spa or Hot Tub Lid ............................................................................................................................. 48
14.4.
Maintenance ........................................................................................................................................ 48
14.5.
Leaks or Other Failures ..................................................................................................................... 48
15.0
OFFENCES ...................................................................................................................................................... 50
15.1.
Violations............................................................................................................................................... 50
15.2.
Deemed Offence ................................................................................................................................ 50
15.3.
Ticketing ................................................................................................................................................ 51
16.0
TRANSITION .................................................................................................................................................. 52
16.1.
Repeal ..................................................................................................................................................... 52
17.0
IN FORCE ........................................................................................................................................................ 52
17.1.
Date the Bylaw is in Force ............................................................................................................... 52
Building Bylaw No. 2021-006
1
Building Bylaw No. 2021-006
A Bylaw for the Administration of the British Columbia Building Code and Regulation of
Construction.
WHEREAS Council may by bylaw regulate, prohibit and impose requirements in respect to
buildings and structures under section 8(3)(g) and (1) of the Community Charter for the
following under section 53(2):
a) The provision of access to a building or other structure, or to a part of a building or
other structure, for a person with disabilities;
b) The conservation of energy or water;
c) The reduction of greenhouse gas emissions;
d) The health, safety or protection of persons or property;
e) The adherence to the British Columbia Energy Step Code
AND WHEREAS Council is enacting this bylaw to regulate construction and administer the
British Columbia Building Code in Lillooet in accordance with the Community Charter and the
Building Act;
AND WHEREAS Council has employed trained building officials for the purposes of this bylaw;
NOW THEREFORE the District of Lillooet Council in open meeting assembled HEREBY ENACTS
AS FOLLOWS:
Building Bylaw No. 2021-006
2
1.0 Title
1.1.
Title
1.1.1.
This bylaw may be cited as the "District of Lillooet Building Bylaw 2021-006"
Building Bylaw No. 2021-006
3
2.0 INTERPRETATION & SCOPE
2.1.
Purpose of Bylaw
2.1.1.
Every permit issued under this bylaw is issued expressly subject to he provisions
of this Part.
2.1.2.
This bylaw is enacted to regulate, prohibit, and impose requirements in regard
to construction in the District in the public interest.
2.1.3.
The purpose of this bylaw does not extend to:
2.1.3.1.
The protection of owners, designers, or constructors from economic
loss;
2.1.3.2.
The assumption by the District or any building official of any
responsibility for ensuring the compliance by any owner, their
representatives, or any employees, constructors, or designers retained
by the owner, with the building code, the requirements of this bylaw, or
other applicable enactments, codes or standards;
2.1.3.3.
Providing any person a warranty of design or workmanship with respect
to any building or structure for which a building permit or occupancy
permit is issued under this bylaw;
2.1.3.4.
Providing any person a warranty or assurance that construction
undertaken under building permits issued by the District is free from
latent, or any defects; or
2.1.3.5.
The protection of adjacent real property from incidental damage or
nuisance.
2.2.
Interpretation
2.2.1.
Despite any other provision in this bylaw, this bylaw must be interpreted in
accordance with this Part.
2.2.2.
A reference in this bylaw to any enactment of British Columbia is a reference to
the enactment as amended, revised, consolidated, or replaced from time to
time.
2.2.3.
Every reference to:
2.2.3.1.
The building code is a reference to the current edition as of the date of
issuance of the building permit; and
Building Bylaw No. 2021-006
4
2.2.3.2.
A section of the building code is a reference to the applicable successor
sections, as the code or section may be amended or re-enacted from
time to time.
2.2.4.
A reference in this bylaw to any bylaw of the District is a reference to the bylaw
as amended, revised, consolidated, or replaced from time to time.
2.2.5.
Every reference to this bylaw in this or another bylaw of the District is a
reference to this bylaw as amended to the date of the reference.
2.2.6.
In this bylaw the following words and terms have the meanings:
2.2.6.1.
Set out in section 1.4.1.2 of the building code as of the date of the
adoption of this bylaw: accessible assembly occupancy, building,
building area, building height, business and personal service occupancy,
care occupancy, constructor, coordinating registered professional,
designer, detention occupancy, excavation, field review, firewall, first
storey, grade, high hazard industrial occupancy, industrial occupancy,
low hazard industrial occupancy, major occupancy, medium hazard
industrial occupancy, mercantile occupancy, occupancy, post disaster
occupancy, private sewage disposal system, registered professional,
residential occupancy, treatment occupancy or unsafe condition;
2.2.6.2.
Subject to this bylaw, set out in the Schedule of the Community Charter:
assessed, value, highway, land, occupier, parcel, public authority,
services, and soil; and
2.2.6.3.
Subject to this bylaw, set out in section 29 of the Interpretation Act:
may, must, obligation, person, property, writing, written, and year.
2.2.7.
Definitions, words, and phrases used in this bylaw that are not included in the
definitions of this Part have the meanings commonly assigned to them in the
context in which they are used in this bylaw, considering the specialized use of
terms with the various trades and professions to which the terminology applies.
2.3.
Definitions
In this bylaw:
"addition" means an alteration to any building which will increase the total
aggregate floor areas or the building height (in storeys), and includes the
provision of two or more separate buildings with openings between each other
for intercommunication;
"agent" includes a firm, corporation, or other person representing the owner, by
written designation or contact, and includes a hired trades person or constructor
who may be granted a permit for work within the limitations their licence;
Building Bylaw No. 2021-006
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"alternative solution" means an alternative solution authorized under the
building code;
"alteration" means a change, repair, or modification of the construction or
arrangement of or use of any building or structure, or to an occupancy regulated
by this bylaw;
"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;
"building official" means a person designated by the Chief Administrative
Officer to administer this bylaw, who is (a) a member of the Architectural Institute
of British Columbia or the Association of Professional Engineers and Geoscientists
of British Columbia; or (b) a member of the Building Officials' Association of
British Columbia and who, has the qualifications described in Section 11 of the
Building Act;
"complex building" means:
.1 A building used for a major occupancy classified as:
.1 Assembly occupancy;
.2 Care occupancy;
.3 Detention occupancy;
.4 High hazard industrial occupancy;
.5 Treatment occupancy; or
.6 Post-disaster building,
.2 A building exceeding 600 square metres in building area or exceeding three
storeys in building height used for a major occupancy classified as:
.1 Residential occupancy;
.2 Business and personal services occupancy;
.3 Mercantile occupancy; or
.4 Medium and low hazard industrial occupancy;
"coordinating registered professional means" a registered professional
retained pursuant to the building code to coordinate all design work and field
reviews of the registered professionals required for a development;
"construct" includes build, erect, install, repair, alter, add, enlarge, move, locate,
relocate, reconstruct, demolish, remove, excavate, or shore;
Building Bylaw No. 2021-006
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"constructor" means a person who constructs;
"Engineers and Geoscientists Act" mean the Engineers and Geoscientists Act
RSBC 1996, c. 116;
Energy Step Code" means the British Columbia Energy Step Code as emended or
replaced from time to time.
"existing" in respect of a building, means that portion of a building constructed
prior to the submission of a permit application required under this bylaw;
"foundation" means a system or arrangement of foundation units through which
the loads from a building are transferred directly to supporting soil or rock and
includes any portion of the exterior walls of a building that lie below the finished
grade immediately adjacent to the building;
"GHG" means greenhouse gas;
"health and safety aspects of the work" means design and construction
regulated by Parts 3, 4, 5, 6, 7, 8, 9, and 10, Division B, of the building code; and
subject to Parts 1 and 2 in relation to Parts 3 through 10, Division B;
"owner" means the registered owner in fee simple, or an agent duly authorized
by the owner in writing in the form prescribed by the Chief Administrative Officer;
"permit" means permission or authorization in writing by the building official to
perform work regulated by this bylaw, and in the case of a final inspection notice,
to occupy a building or part of a building;
"pool" means a structure or constructed depression used or intended to be used
for swimming, bathing, wading, or diving which is designed to contain water and
has a depth, at any point, exceeding 0.6 metres, including an in-ground pool and
hot tub;
"professional design" means the plans and supporting documents bearing the
date, seal or stamp, and signature of a registered professional;
"project" means any construction operation;
"Provincial Governance Act" means the Provincial Governance Act SBC 2018,
Chapter 47
"retaining wall" means a structure exceeding 1.2 metres in height that holds or
retains soil or other material behind it;
"simple building" means a building of three storeys or less in building height,
having a building area not exceeding 600 square metres and used for a major
occupancy classified as
Building Bylaw No. 2021-006
7
.1 Residential occupancy;
.2 Business and personal services occupancy;
.3 Mercantile occupancy;
.4 Medium hazard industrial occupancy; or
.5 Low hazard industrial occupancy.
"structure" means a construction or portion of construction, of any kind, whether
fixed to, supported by or sunk into land, or water, except landscaping, fences,
paving, and retaining structures less than 1.2 metres in height;
"temporary building" means a construction office, or a structure in which tools
are stored during construction of a building or other structure;
"value of the work" means that amount that is calculated as follows:
.1 For construction of a building containing a residential occupancy that is
served by only one stove, or two stoves if permitted as an auxiliary and
secondary residential occupancy, the greater of:
.1 The declared value of the work; or
.2 The value pursuant to the District of Lillooet Fees & Charges Bylaw; or
.2 For all other construction, the greater of:
.1 The declared value of the work; or
.2 If the declared value of the work is contested by the building official
the value will be established using the Marshal & Swift Residential Cost
Handbook or the RS Means Square Foot Costs Handbook.
2.4.
Severability
2.4.1.
If a section, subsection, paragraph, subparagraph, or phrase of this bylaw is for
any reason declared invalid by a court of competent jurisdiction, the decision
will not affect the validity of the remaining portions of this bylaw.
Building Bylaw No. 2021-006
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3.0 APPLICATION AND EXEMPTIONS
3.1.
Application
3.1.1.
This bylaw applies to the geographical area of the District and to land, the
surface of water, air space, buildings, or structures in the District.
3.1.2.
This bylaw applies to the design, construction or occupancy of new buildings or
structures, and the alteration, reconstruction, demolition, removal, relocation,
or occupancy or change of use or occupancy of existing buildings or structures.
3.1.3.
This bylaw does not apply to:
3.1.3.1.
Except as set out in Part 11.0 [Retaining Walls and Grades] of this bylaw,
a fence;
3.1.3.2.
An accessory building with a floor area of less than 10 square metres,
that does not pose or create a hazard;
3.1.3.3.
A trellis, an arbour, a wall supporting soil that is less than 1.22 metres in
height, or other similar landscape structures on a parcel zoned for
single-family residential occupancy uses under the District's zoning
bylaw;
3.1.3.4.
A building or structure commonly known as "Canadian Standards
Association Z240 MH series, Z241 series, or A277 series", except as
regulated by the Building Code.
3.2.
Limited Application to Existing Buildings
3.2.1.
Except as provided in the building code or to the extent an existing building is
under construction or does not have an occupancy permit, when an existing
building has been constructed before the enactment of this bylaw, the
enactment of this bylaw is not to be interpreted as requiring that the building
must be reconstructed and altered, unless it is expressly provided by this or
another bylaw, regulation, or statute.
3.2.2.
This bylaw applies if the whole or any part of an existing building is moved
either within or into the District, including relocation relative to parcel lines
created by subdivision or consolidation. Part 12.0 applies to building moves.
3.2.3.
If an alteration is made to an existing building the alteration must comply with
this bylaw and the building code and the entire building must be made to
comply with this bylaw and the building code, but only to the extent necessary
to address any new infractions introduced in the remainder of the building as a
result of the alteration.
Building Bylaw No. 2021-006
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3.2.4.
If an alteration creates an addition to an existing building, the alteration or
addition must comply with this bylaw and the building code and the entire
building must be made to comply with this bylaw and the building code, but
only to the extent necessary to address any new infractions introduced in the
remainder of the building as a result of the alteration or addition.
Building Bylaw No. 2021-006
10
4.0 PROHIBITIONS
4.1.
Prohibitions
4.1.1.
A person must not commence or continue any construction, alteration,
excavation, reconstruction, demolition, removal, relocation, or change in the
use or occupancy of any building or structure, including other work related to
construction:
4.1.1.1.
Except in conformity with the requirements of the building code and
this bylaw; and
4.1.1.2.
Unless a building official has issued a valid and subsisting permit for the
work under this bylaw.
4.1.2.
A person must not occupy or permit the occupancy of any building or structure
or part of any building or structure
4.1.2.1.
Unless a subsisting final inspection notice has been issued by a building
official for the building or structure or the part of the building or
structure; or
4.1.2.2.
Contrary to the terms of any permit issued or any notice given by a
building official.
4.1.3.
A person must not knowingly submit false or misleading information to a
building official in relation to any permit application or construction
undertaken pursuant to this bylaw.
4.1.4.
Except in accordance with this bylaw, including acceptance of revised plans or
supporting documents, a person must not erase, alter, or modify plans and
supporting documents after the same have been reviewed by the building
official, or plans and supporting documents which have been filed for reference
with the building official after a permit has been issued.
4.1.5.
A person must not, unless authorized in writing by a building official, reverse,
alter, deface, cover, remove, or in any way tamper with any notice, permit, or
certificate posted or affixed to a building or structure pursuant to this bylaw.
4.1.6.
A person must not do any work that is substantially at variance with the
accepted design or plans of a building, structure, or other works for which a
permit has been issued, unless that variance has been authorized in writing by
a building official.
4.1.7.
A person must not interfere with or obstruct the entry of a building official or
other authorized official of the District on property in the administration of this
bylaw.
Building Bylaw No. 2021-006
11
4.1.8.
A person must not construct on a parcel unless the civic address is
conspicuously posted on the front of the premises or on a signpost so that it
may be easily read from the public highway from which it takes its address.
4.1.9.
A person must not contravene an administrative requirement of a building
official made under section 6.4 or any other provision of this bylaw.
4.1.10.
A person must not change the use, occupancy, or both of a building or
structure or a part of a building or structure without first applying for and
obtaining a building permit under this bylaw.
Building Bylaw No. 2021-006
12
5.0 PERMIT CONDITIONS
5.1.
Permit Conditions
5.1.1.
A permit is required if work regulated under this bylaw is to be undertaken.
5.1.2.
Neither the issuance of a permit under this bylaw, nor the acceptance or review
of plans, drawings, specifications, or supporting documents, nor any
inspections made by or on behalf of the District will in any way:
5.1.2.1.
Relieve the owner (and if the owner is acting through an agent, the
agent of the owner) from full and sole responsibility to perform the
work in respect of which the permit was issued in strict compliance with
this bylaw, the building code, and all other applicable codes, standards,
and enactments;
5.1.2.2.
Constitute a representation, warranty, assurance, or statement that the
building code, this bylaw, or any other applicable enactments
respecting safety, protection, land use, and zoning have been complied
with; or
5.1.2.3.
Constitute a representation or warranty that the building or structure
meets any standard of materials or workmanship.
5.1.3.
No person shall rely on any permit as establishing compliance with this bylaw
or assume or conclude that this bylaw has been administered or enforced
according to its terms.
5.1.4.
Without limiting section 5.1.2.1, it is the full and sole responsibility of the owner
(and if the owner is acting through an agent, the agent of the owner) to carry
out the work in respect of which the permit was issued in compliance with the
building code, this bylaw and all other applicable codes, standards, and
enactments.
Building Bylaw No. 2021-006
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6.0 POWER OF A BUILDING OFFICIAL
6.1.
Administration
6.1.1.
Words defining the authority of a building official are to be construed as
internal administrative powers and not as creating a duty.
6.1.2.
A building official may:
6.1.2.1.
Administer this bylaw, but owes no public duty to enforce or administer
this bylaw;
6.1.2.2.
Keep records of applications received, permits, notices, and orders
issued, inspections and tests made, and may retain copies of all papers
and documents connected with the administration of this bylaw;
6.1.2.3.
Establish or require an owner to establish whether a method or type of
construction or material use din the construction of a building or
structure complies with the requirements and provisions of this bylaw
and the building code; and
6.1.2.4.
Direct that tests of materials, equipment, devices, construction methods,
structural assemblies or foundations be carried out, or that sufficient
evidence or proof be submitted by the owner, at the owner's sole
expense, where such evidence or proof is necessary to determine
whether the material, equipment, device, construction, or foundation
condition complies with this bylaw and the building code.
6.2.
Refusal and Revocation of Permits
6.2.1.
A building official may refuse to issue a permit if the proposed work will
contravene the requirements of the building code or the provisions of this or
any other bylaw of the District, and must state the reason in writing.
6.2.2.
A building official may revoke a permit if, in their opinion, the results of tests on
materials, devises, construction methods, structural assemblies, or foundation
conditions contravene the building code or the provisions of this bylaw, or
both, or if all permits required under this bylaw have not been obtained.
6.3.
Right of Entry
6.3.1.
Subject to Section 16 of the Community Charter, a building official may enter
on property at any time to ascertain whether the requirements of this bylaw are
being met.
6.4.
Powers
Building Bylaw No. 2021-006
14
6.4.1.
Subject to applicable enactments, a building official may by notice in writing
require:
6.4.1.1.
A person who contravenes any provision of this bylaw to comply with
that provision within the time ordered;
6.4.1.2.
An owner to stop work on a building or structure, or any part of a
building or structure, if the work is proceeding in contravention of this
bylaw, the building code, or any other enactment of the District or other
applicable enactments, or if there is deemed to be an unsafe condition,
and may enter on property to affix or post a stop work order in the
form prescribed by the building official;
6.4.1.3.
An owner to remove or prevent any unauthorized encroachment on a
public parcel, a statutory right-of-way, or easement, or a setback or
yard required under an enactment;
6.4.1.4.
An owner to remove any building or structure, or any part of a building
or structure, constructed in contravention of the provisions of this
bylaw;
6.4.1.5.
An owner to have work inspected by a building official prior to
covering;
6.4.1.6.
An owner to uncover any work that has been covered without
inspection contrary to this bylaw or an order issued by a building
official;
6.4.1.7.
A person to cease any occupancy in contravention of a provision of this
bylaw;
6.4.1.8.
A person to cease any occupancy if any unsafe condition exists because
of work being undertaken but not complete and where the building
official has not issued a final inspection notice for the work;
6.4.1.9.
An owner to correct any unsafe condition; and
6.4.1.10.
An owner to correct any work that contravenes this bylaw, the building
code, or any other applicable enactment.
6.4.2.
Every reference to "owner" in section 6.4.1 includes a reference to the owner's
agent or constructor.
6.4.3.
Every person served with a notice under this Part must comply with that notice:
6.4.3.1.
Within the time ordered, or
6.4.3.2.
If no time is ordered, immediately.
Building Bylaw No. 2021-006
15
7.0 OWNER'S RESPONSIBILITIES
7.1.
Permit Requirements
7.1.1.
Subject to Part 10.0 of this bylaw, every owner must apply for and obtain a
permit, prior to:
7.1.1.1.
Constructing, repairing, or altering a building or structure, including a
pool or retaining wall;
7.1.1.2.
Moving a building or structure into or within the District;
7.1.1.3.
Demolishing a building or structure;
7.1.1.4.
Occupying a new building or structure;
7.1.1.5.
Constructing a masonry fireplace or installing a solid fuel burning
appliance or chimney, whether attached to, part of, or detached from a
building.
7.1.1.6.
Changing the use or occupancy of a building, unless the works are the
subject of another valid and subsisting building permit.
7.1.2.
Every owner must ensure that plans submitted with a permit application bear
the name, phone number, address, and email address of the designer of the
building or structure.
7.2.
Owner's Obligations
7.2.1.
Every owner must
7.2.1.1.
Comply with the building code, the requirements of this bylaw, a
Provincial or Federal enactment, and the conditions of a permit, and
must not omit any work required by the building code, this bylaw, or
the conditions of a permit;
7.2.1.2.
Ensure that all permits, all plans and specifications, and supporting
documents on which a permit was based, all municipal inspection
certificates, and all professional field reviews are available at the site of
the work for inspection during working hours by the building official,
and that all permits are posted conspicuously on the site during the
entire execution of the work; and
7.2.1.3.
Prior to the issuance of a building permit, execute and submit to the
District an owner's undertaking in the form prescribed by the building
official, where required by the Chief Administrative Officer.
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7.2.2.
Every owner and every owner's agent must carry out construction or have the
construction carried out in accordance with the requirements of the building
code, this bylaw, other applicable bylaws of the District, and any other
applicable enactment.
7.2.2.1.
The issuance of a permit under this bylaw, the review of plans and
supporting documents, or inspection made by a building official or a
registered professional shall not releve the owner, or their agent, from
full and sole responsibility to perform the work in strict accordance with
this bylaw, the building code, and all other applicable codes, standards,
and enactments.
7.2.3.
Every owner must allow a building official to enter any building or premises at
any reasonable time to administer and enforce this bylaw.
7.2.4.
Every owner to whom a permit is issued must, during construction:
7.2.4.1.
Post the civic address on the property so that it may be easily read from
the public highway from which the property takes its address; and
7.2.4.2.
Post the permit on the property so that it may be easily read from the
public highway from which the property takes its address.
7.2.4.3.
Every owner, owner's agent, and/or owner's constructor must
immediately stop work if an Archaeological value was discovered.
7.3.
Damage to Municipal Works
7.3.1.
Every owner to whom a permit is issued is responsible for the cost to repair any
damage to municipal works or land that occurs during and arises directly or
indirectly from the work authorized by the permit.
7.3.2.
In addition to payment of a security deposit under section 10.6, every owner
must pay to the District, within 30 days of receiving an invoice for the same
from the District, the cost to repair any damage to public property or works
located on public property arising directly or indirectly from work for which a
permit was issued.
7.4.
Demolition
7.4.1.
Prior to obtaining a permit to demolish a building or structure, the owner must:
7.4.1.1.
Provide to the District a vacancy date;
7.4.1.2.
Pay capping and inspection chamber installation fees as set out in the
District's bylaws governing waterworks, sewer, and Fees & Charges
bylaws; and
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7.4.1.3.
Ensure that all municipal services and other services are capped and
terminated at the property line in a District standard inspection
chamber and valve arrangement.
7.4.2.
Every owner must ensure that, on completion of all demolition procedures, all
debris and fill are cleared and the site is levelled or graded, or made safe if
levelling and grading are not possible.
7.4.3.
If the structure to be demolished was constructed prior to 1990 and/or if any
hazardous materials are suspected:
7.4.3.1.
The Owner must undertake a hazardous materials abatement report;
and
7.4.3.2.
The Owner must supply to the building official documentation of the
removal and safe disposal of the hazardous material(s).
7.5.
Notice
7.5.1.
Every owner must, at least 48 hours prior to commencing work at a building
site, give written or online notice to a building official of the date on which the
owner intends to begin such work.
7.5.2.
Every owner must give written or online notice to a building official of any
change in or termination of engagement of a registered professional, including
a coordinating registered professional, during construction, within 24 hours of
when the change or termination occurs.
7.5.3.
If an owner or a registered professional terminates the engagement of a
registered professional, including a coordinating registered professional, the
owner must terminate all work under a building permit until the owner has
engaged a new registered professional, including a coordinating registered
professional, and has delivered to a building official new letters of assurance.
7.5.4.
Without limiting section 10.15 to 10.18 every owner must give a least 48 hours
online or writing notice to a building official:
7.5.4.1.
Of intent to do work that is required or ordered to be corrected during
construction;
7.5.4.2.
Of intent to cover work that is required under this bylaw to be, or has
been ordered to be, inspected prior to covering; and
7.5.4.3.
When work has been completed so that a final inspection can be made.
7.5.5.
Every owner must give notice in writing to a building official and pay the non-
refundable fee set out in the District's Fees & Charges Bylaw, immediately upon
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any change in ownership or change in the address of the Owner which occurs
prior to the issuance of an occupancy permit.
7.5.6.
Every owner must give such other notice to a building official as may be
required by the building official or by a provision of this bylaw.
7.5.7.
Every Owner, Owner's agent, and/or Owner's constructor must immediately
inform the building official if an Archaeological value is discovered; and stop
work.
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8.0 OBLIGATIONS OF OWNER'S CONTRACTOR
8.1.
Obligations
8.1.1.
Every constructor must ensure that all construction is done in compliance with
all requirements of the building code, this bylaw and all other applicable,
codes, standards, and enactments.
8.1.2.
Every constructor must ensure that no excavation or other work is undertaken
on public property, and that no public is disturbed, no building or structure
erected, and no materials stored thereon, in whole or in part, without first
having obtained approval in writing from the appropriate authority over such
public property.
8.1.3.
For the purposes of the administration and enforcement of this bylaw, every
constructor is responsible jointly and severally wit the owner for all work
undertaken.
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9.0 REGISTERED PROFESSIONAL'S RESPONSIBLITIES
9.1.
Professional Design and Field Review
9.1.1.
The provision by the owner to the District of letters of assurance in accordance
with the requirements of the building code shall occur prior to:
9.1.1.1.
The pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex
building, or
9.1.1.2.
A final inspection for a simple building in circumstances where letters of
assurance have been required in accordance with the requirements of
the building code, in which case the owner must provide the District
with letters of assurance in the form of Schedules C-A or C-B, as
appropriate, referred to in subsection 2.2.7, Division C, of the building
code.
9.1.2.
If a registered professional provides letters of assurance in accordance with the
building code, they must also provide proof of professional liability insurance
of a permit application.
9.2.
Requirement for a Registered Professional
9.2.1.
The owner must retain a registered professional to provide a professional
design and plan certification and letters of assurance in the form of Schedules
A, B, C-A, and C-b referred to in subsection 2.2.7, Division C, of the building
code, in respect of a permit application.
9.2.1.1.
Prior to the pre-occupancy site review coordinated by the coordinating
registered professional or other registered professional for a complex
building, or
9.2.1.2.
Prior to a final inspection for a simple building in circumstances where
letters of assurance have been required in accordance with the
requirements of the building code, in which case the owner must
provide the District with letters of assurance in the form of Schedules C-
A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of
the building code;
9.2.1.3.
Foundations and excavation components of new simple buildings and
additions greater than 55 square metres to simple buildings in
accordance with the building code;
9.2.1.3.1.
Section 9.2.1.3 does not apply to garages, carports, and garden
structures.
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9.2.1.4.
A building that is designed with common egress systems for the
occupants and required the use of firewalls in accordance with the
building code;
9.2.1.5.
Prior to alterations to a building, or to a structural component of a
building describe din section 9.2.1.2;
9.2.1.6.
For a building in respect of which the building official determines that
site conditions, size or complexity so warrant in the interests of safety of
persons or protection of property under the building code; and
9.2.1.7.
If the building envelope components of the building fall under Division
B part 3 of the building code, the building contains more than two
dwellings, or if the building envelopes do not comply with the
prescriptive requirements of Division B Part 9 of the building code; and
9.2.1.8.
For a parcel of land on which a building or structure is proposed if the
building official believes the parcel is or is likely to be subject to
flooding, mud flows, debris flows, debris torrents, erosion, land slip,
rock falls, subsidence, or avalanche, and the requirement for a
professional design is in addition to a requirement under Division 9 Part
3 of the Community Charter:
9.2.1.8.1.
For a report certified by a professional engineer with experience
in geotechnical engineering that the parcel may be used safely
for the use intended, and
9.2.1.8.2.
That the plans submitted with the application comply wit the
relevant provision of the building code and the applicable bylaws
of the District.
9.2.2.
The building official may require any registered professional carrying out the
professional design and field review required under 9.2.1 to provide evidence
that they have experience and expertise in respect of the professional design
and field review of the context and scope required.
9.3.
Professional Plan Certification
9.3.1.
The letters of assurance in the form of Schedules A and B as referred to in
subsection 2.2.7, Division C, of the building code referred to in sections 9.1 and
9.2 are relied upon by the District and its building officials as certification that
the design and plans to which the letters of assurance refer comply with the
building code, this bylaw and other applicable enactments.
9.3.2.
Letters of assurance must be in the form of Schedules A and B referred to in
subsection 2.2.7, Division C, of the building code.
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9.3.3.
For a building permit issued for the construction of a complex building, the
building official shall provide the owner with a notice that the building permit is
issued in reliance on the certification of the registered professional that the
professional design and plans submitted in support of the application for the
building permit comply with the building code and other applicable
enactments.
9.3.3.1.
Any failure on the part of the building official to provide the owner with
the notice will not diminish or invalidate the reliance by the District or
its building officials on the registered professional.
9.3.4.
If a building permit is issued for a construction of a complex building, the
permit fee is reduced by 5% of the fees payable in accordance with the
District's Fees & Charges Bylaw, up to a maximum reduction of $500.00 (five
hundred dollars).
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10.0
BUILDING APPLICATION REQUIREMENTS
10.1.
Requirements Before Applying for a Building Permit
10.1.1.
Prior to issuance of a building permit, the owner must satisfy the following
requirements or conditions:
10.1.2.
The owner must apply for and obtain a development permit if the building or
structure is in an area designated by the District's Official Community Plan as a
development permit area;
10.1.3.
The owner must ensure that the proposed building or structure complies with
all bylaw of the District, except to the extent a variance of a bylaw is authorized
by a development permit, development variance permit, or order of the Board
of Variance;
10.1.3.1.
The owner must request the District review the Provincial Remote
Access to Archaeological Data (RAAD) database and receive a letter,
from the District, indication if an archaeological assessment is required
due to proximity to a registered archaeological site:
10.1.3.1.1.
A letter from the District indicating that the project is not within
proximity of a registered archaeological site, as shown on the
RAAD database:
10.1.3.1.1.1.
Does not absolve the owner, the owner's agent, and the
owner's constructor from reporting any non-registered
archaeological values discovered during the project to the
BC Archaeology Branch;
10.1.3.1.1.2.
Is not a declaration that the project is not an Archaeological
site.
10.1.4.
An approving officer must have approved the subdivision plan that, once
registered, would create the parcel on which the proposed building or structure
will be constructed, and the subdivision plan must have been registered at the
Land Title Office;
10.1.5.
The owner must provide evidence to the building official showing that the
person applying for the building permit is either the owner of the parcel that is
subject of the proposed building permit, or is the agent of the owner, in which
case, the agent must provide the name and contact information of the owner;
10.1.6.
If the parcel that is the subject of the building permit application is not capable
of being connected to the District's sewage disposal system, the owner must
supply to the District proof of professional design and certification from a
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registered onsite wastewater practitioner, along with approval from the
applicable public health authority for an alternate private sewage disposal
system;
10.1.7.
If the parcel that is the subject of the building permit application is not
intended to be connected to the District's waterwork system, the owner must
apply for and obtain approval from the District and other applicable public
authorities for an alternate water supply system;
10.1.8.
If the parcel that is the subject of the building permit application is not
intended to be connected to the District's storm water drainage system, the
owner must apply for and obtain approval from the District and other
applicable public authorities for the alternate storm water drainage and
detention system; and
10.1.9.
If all on site and off site works and services required by any District bylaws or
other enactment have no t been completed in accordance with the enactments,
the owner must enter into a completion agreement with the District and deliver
to the District letters of credit or cash security for completion for the works and
services.
10.2.
Building Permit Applications for Complex Buildings
10.2.1.
An application for a building permit with respect to a complex building must:
10.2.1.1.
Be made in the form as prescribed by the Chief Administrative Officer,
an signed by the owner, or a signing officer if the owner is a
corporation;
10.2.1.2.
Be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form as prescribed by the Chief Administrative
Officer, and signed by the owner, or a signing officer if the owner is a
corporation;
10.2.1.3.
Include a copy of a title search for the relevant property made within 30
days of the date of the permit application;
10.2.1.4.
Include a copy of all Covenants, Easements, Rights-of-way, and any
other non financials charges against the land, registered on title;
10.2.1.5.
Include a building code compliance summary including the applicable
edition of the building code, such as without limitation whether the
building is designed under Part 3 or Part 9 of the building code, major
occupancy classification(s) of the building, building area, and building
height, number of streets the building faces, and accessible entrances,
work areas, washrooms, firewalls, and facilities;
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10.2.1.6.
Include a copy of a survey plan prepared by a British Columbia Land
Surveyor;
10.2.1.7.
Include a copy of the archaeology search letter issued by the District as
stated in section 10.1.1.3 of this bylaw;
10.2.1.8.
Include a site plan prepared by a registered professional showing, but
no limited to, the following:
10.2.1.8.1.
The bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.2.1.8.2.
The legal description and civic address of the parcel;
10.2.1.8.3.
The Parcel Identifier;
10.2.1.8.4.
The location and dimensions of existing and proposed buildings
or structures on the parcel;
10.2.1.8.5.
The location of adjacent highways and lanes appropriately
labeled;
10.2.1.8.6.
The location and dimensions of existing and proposed buildings
or structures on the parcel;
10.2.1.8.7.
Setbacks to the natural boundary of any lake, swamp, pond, or
watercourse;
10.2.1.8.8.
North arrow;
10.2.1.8.9.
If applicable, the location of an approved existing or proposed
private or other alternative sewage disposal system, water supply
system, or storm water drainage system;
10.2.1.8.10.
Zoning compliance summary;
10.2.1.8.11.
The location, dimensions, and gradient of parking and parking
access;
10.2.1.8.12.
Proposed an existing setbacks to property lines;
10.2.1.8.13.
Natural and finished grade at building corners and significant
breaks in the building plan, and proposed grade around the
building faces in order to ascertain foundation height;
10.2.1.8.14.
First storey floor elevation;
10.2.1.8.15.
Location, setbacks, and elevations of all retaining walls, steps,
stairs, decks, ramps, and the like;
10.2.1.8.16.
Line of upper floors;
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10.2.1.8.17.
Location and elevation of curbs, sidewalks, manholes, and service
poles;
10.2.1.8.18.
Location of existing and proposed service connections;
10.2.1.8.19.
Location of top of banks and water courses;
10.2.1.8.20.
Access routes for firefighting;
10.2.1.8.21.
Accessible paths of travel from the street to the building;
10.2.1.8.22.
Geodetic elevation of the underside of a wood floor system or
the top of a finished concrete slab of a building or structure
where the District's land use regulations or provincial flood
mapping regulations establish siting requirements related to
minimum floor elevation.
10.2.1.9.
Notwithstanding section 10.2.1.8, the building official may waive, in
whole or in part, the requirements for a site plan, if the permit is sought
for the repair or alteration of an existing building or structure where no
change in siting occurs.
10.2.1.10.
Include floor plans showing the dimensions and uses and occupancy
classifications of all areas, including:
10.2.1.10.1.
The dimensions and height of crawl and roof spaces;
10.2.1.10.2.
The location, size, and swing of doors;
10.2.1.10.3.
The location, size, and opening of windows;
10.2.1.10.4.
Floor, wall, and ceiling finishes;
10.2.1.10.5.
Fire separations;
10.2.1.10.6.
Plumbing fixtures;
10.2.1.10.7.
Structural elements; and
10.2.1.10.8.
Stair dimensions.
10.2.1.11.
Include a cross-section through the building or structure in sufficient
detail and locations to illustrate foundations, drainage, ceiling heights,
and construction systems;
10.2.1.12.
Include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the
building code;
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10.2.1.13.
Include cross-sectional details drawn at an appropriate scale and at
sufficient locations to illustrate that the building conforms to the
building code;
10.2.1.14.
Include all other requirements of 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6, and 2.2.9,
Division C, of the building code;
10.2.1.15.
Include copies of approvals required under any enactment relating to
health or safety, including without limitation, sewage disposal permits,
highway access permits and ministry of health/health authority
approvals.
10.2.1.16.
Include a letter of assurance in the form of Schedule A referred to in
subsection 2.2.7, Division C, of the building code, signed by the owner,
or a signing officer if the owner is a corporation, and the coordinating
registered professional;
10.2.1.17.
Include letters of assurance in the form of Schedule B referred to in
subsection 2.2.7, Division C, of the building code, each signed by such
registered professionals as the building official or building code may
require to prepare the design for and conduct field reviews of the
construction of the building;
10.2.1.18.
Include two sets of drawings at a suitable scale in the design prepared
by each registered professional containing the information set out in
sections 10.2.1.8 through 10.2.1.13 of this bylaw; and
10.2.1.19.
Include illustration of any slopes on the subject parcel that exceed 30%.
10.2.2.
In addition to the requirements of section 10.2.1 of this bylaw, a building
official may require the following to be submitted with a permit application for
the construction of a complex building if the complexity of the proposed
building or structure or siting circumstances warrant:
10.2.2.1.
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 District's subdivision and
development servicing bylaw;
10.2.2.2.
A section through the site showing grades, buildings, structures,
parking areas, and driveways; and
10.2.2.3.
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.
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10.3.
Building Permit Applications for Simple Buildings
10.3.1.
An application for a building permit with respect to a simple building must:
10.3.1.1.
Be made in the form as prescribed by the Chief Administrative Officer
and signed by the owner, or a signing officer if the owner is a
corporation;
10.3.1.2.
Be accompanied by the owner's acknowledgement of responsibility and
undertaking made in the form as prescribed by the Chief Administrative
Officer and signed by the owner, or a signing officer if the owner is a
corporation;
10.3.1.3.
Include a copy of a title search for the relevant property made within 30
days of the date of the permit application;
10.3.1.4.
Include a copy of all Covenants, Easements, Rights-of-way, and any
other encumbrances or charges against the land, registered on title;
10.3.1.5.
Include a copy of a survey plan prepared by a British Columbia Land
Surveyor except that the building official may waive the requirement for
a survey plan, in whole in part, where conditions warrant;
10.3.1.6.
Include a copy of the archaeology search letter issued by the District as
stated in section 10.1.1.3 of this bylaw;
10.3.1.7.
Include a site plan showing, but not limited to , the following:
10.3.1.7.1.
The bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.3.1.7.2.
The legal description and civic address of the parcel;
10.3.1.7.3.
The Parcel Identifier;
10.3.1.7.4.
The location and dimensions of existing and proposed statutory
rights-of-way, easements, and setback requirements;
10.3.1.7.5.
The location of adjacent highways and lanes appropriately
labeled;
10.3.1.7.6.
The location and dimensions of existing and proposed buildings
or structures on the parcel;
10.3.1.7.7.
Setbacks to the natural boundary of any lake, swamp, pond, or
watercourse;
10.3.1.7.8.
North arrow;
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10.3.1.7.9.
If applicable, the location of an approved existing or proposed
private or other alternative sewage disposal system, water supply
system, or storm water drainage system;
10.3.1.7.10.
Zoning compliance summary;
10.3.1.7.11.
The location, dimensions, and gradient of parking and parking
access;
10.3.1.7.12.
Proposed and existing setbacks to property lines;
10.3.1.7.13.
Natural and finished grade at building corners and datum
determination points;
10.3.1.7.14.
First storey floor elevation;
10.3.1.7.15.
Location, setbacks, and elevations of all retaining walls, steps,
stairs, decks, ramps, and the like;
10.3.1.7.16.
Line of upper floors;
10.3.1.7.17.
Location and elevation of curbs, sidewalks, manholes, and service
poles;
10.3.1.7.18.
Location of existing and proposed service connections;
10.3.1.7.19.
Location of top of bank and water courses;
10.3.1.7.20.
Access routes for fire fighting;
10.3.1.7.21.
Accessible paths of travel from the street to the building;
10.3.1.7.22.
Geodetic elevation of the underside of a wood floor system or
the top of a finished concrete slab of a building or structure
where the District's land use regulation
10.3.1.8.
Notwithstanding section 10.3.1.1, the building official may waive, in
whole or in part, the requirements for a site plan, if the permit is sought
for the repair or alteration of an existing building or structure where no
change in siting occurs.
10.3.1.9.
Include floor plans showing the dimensions and uses of all areas,
including:
10.3.1.9.1.
The dimensions and height of crawl and roof spaces;
10.3.1.9.2.
The location, size, and swing of doors;
10.3.1.9.3.
The location, size, and opening of windows;
10.3.1.9.4.
Floor, wall, and ceiling finishings;
10.3.1.9.5.
Plumbing fixtures;
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10.3.1.9.6.
Structural elements; and
10.3.1.9.7.
Stair dimensions.
10.3.1.10.
Include a cross-section through the building illustrating foundations,
drainage, ceiling heights, and construction systems;
10.3.1.11.
Include elevations of all sides of the building illustrative foundations,
drainage, ceiling heights, and construction systems;
10.3.1.12.
Include elevations of all sides of the building showing finish details, roof
slopes, windows, doors, the grade, the maximum building height line,
ridge height, spatial separations, and natural and finished grade to
comply with the building code and to illustrate that the building or
structure conforms with the District Zoning Bylaw and any applicable
development permit(s);
10.3.1.13.
Include copies of approvals required under any enactment relating to
health or safety, including, without limitation, sewage disposal permits,
highway access permits, and Ministry of Health/Health Authority
approvals;
10.3.1.14.
Include a foundation and excavation design prepared by a registered
professional in accordance with the building code;
10.3.1.14.1.
Section 10.3.1.14 does not apply to garages, carports, and
garden structures.
10.3.1.15.
Include geotechnical letters of assurance, in addition to a required
geotechnical report, if the building official determines that the site
conditions so warrant;
10.3.1.16.
Include two (2) sets of drawings at a suitable scale of design including
the information set out in 10.3.1.7 through 10.3.1.12 of this bylaw; and
10.3.1.17.
Include a building code compliance summary including the applicable
edition of the building code, such as, without limitation, whether the
building is designed under Part 3 or Part 9 and compliance with article
2.2.2.1(2), Division C, of the building code.
10.3.2.
In addition to the requirements of section 10.3.1 of this bylaw, if a project
involves:
Two or more buildings, the gross floor areas of which is the
aggregate total more than 1000 square metres;
Two or more buildings that will contain four or more
dwelling units; or
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Otherwise if the complexity of the proposed building or
structure or siting circumstances warrant;
The building official may require the following be submitted with a
permit application for the construction of each simple building in
the project:
10.3.2.1.
A section through the site showing grades, buildings, structures,
parking areas, and driveways;
10.3.2.2.
A roof plan and roof height calculations;
10.3.2.3.
Structural, electrical, plumbing, mechanical, or fire suppression drawings
prepared and sealed by a registered professional;
10.3.2.4.
Letters of assurance in the form of Schedule B referred to in, Division C,
of the building code, signed by a registered professional; and
10.3.2.5.
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.
10.4.
Site and Location Information
10.4.1.
Without limiting sections 10.2.1.6 or 10.3.1.5 of this Bylaw, the building official
may in writing require an owner to submit an up-to-date plan or survey
prepared by a registered British Columbia Land Surveyor which contains
sufficient information respecting the site and location of any building to:
10.4.1.1.
Establish, before construction begins, that all the provisions of this
bylaw in relation to this information will be complied with;
10.4.1.2.
Verify, on completion of the construction, with all provisions of this and
other applicable bylaws have been complied with;
10.4.1.3.
In relation to an existing building, substantiate its location, size, and
elevation, including appurtenances whether above, at, or below ground
level, relative to the site of its relationship to neighbouring grades; and
10.4.1.4.
In relation to construction of a new building, or addition to an existing
building, prior to and after the placement of concrete for foundations
and footings, show the elevation at proposed top of concrete on all
building elevations at all significant changes of elevation to substantiate
it size, location, and elevation.
10.5.
Building Permit Fees & Charges
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10.5.1.
Before receiving a building permit for a building or structure, the owner must
first pay to the District:
10.5.1.1.
The application fees prescribed in the District's Fees & Charges Bylaw;
10.5.1.2.
The building permit fee prescribed in the District's Fees & Charges
Bylaw; and
10.5.1.3.
Any fees, charges, levies, or taxes imposed by the District and payable
under an enactment at the time of issuance of the building permit.
10.5.2.
The applicant for a building permit must pay the applicable plan processing fee
as set out in the District's Fees & Charges Bylaw, to which the following
conditions apply:
10.5.2.1.
The plan processing fee is non-refundable and shall be credited against
the building permit fee when the permit is issued;
10.5.2.2.
An application shall be cancelled, and the plan-processing fee forfeited,
if the building permit has not been issued and the permit fee paid
within 180 days of the date of the written notification to the owner that
the permit is ready to be issued;
10.5.2.3.
When an application is cancelled the plans and related documents
submitted with the application may be destroyed;
10.5.2.4.
Plan-processing fees do not apply to permits other than building
permits.
10.5.3.
A fee, as set out in the District's Fees & Charges Bylaw, shall be payable in
advance for revision of plans after submission of the building permit
application.
10.5.4.
Council may, be resolution, reduce, waive, or refund, any non-legislated
building permit fees or security deposits when the application seeks approval
for:
10.5.4.1.
Non-profit or affordable housing, including supportive living housing;
10.5.4.2.
For-profit affordable rental housing.
10.6.
Security Deposit with Building Permit Application
10.6.1.
An applicant for a building permit must pay to the District, at the time of the
application, the following security deposit:
10.6.1.1.
For a single family dwelling parking structure, combination parking
structure/accessory building , a swimming pool or an accessory building
greater than 25 square metres: $1,000.00
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10.6.1.2.
For a single family dwelling addition, alteration, renovation, demolition:
$1,000.00
10.6.1.3.
For a new single family dwelling or simple building: $2,500.00
10.6.1.4.
For a complex building: $5,000.00
10.6.1.5.
For a Complex Building addition, alteration, renovation, demolition
$1,000.0
10.6.2.
The security deposit sum set out in section 10.6.1 of this bylaw:
10.6.2.1.
Covers the cost borne by the District to maintain, restore, or replace any
public works or public lands which are destroyed, damaged, or
otherwise impaired bin the carrying out of the work referred to any
building permit held by the applicant;
10.6.2.2.
Covers the cost borne by the District to make the site safe if the permit
holder abandons or fails to complete the works as designated on the
permit;
10.6.2.3.
Serves as the security deposit for provisional occupancy when the final
inspection notice makes provision for a security deposit; or
10.6.2.4.
Serves as a security deposit to effect compliance with any condition
under which the permit is issued.
10.6.3.
Upon request of the applicant, no more than 24 months after receiving a final
inspection, the security deposit or applicable portion must be returned to the
applicant:
10.6.3.1.
When the building official is satisfied that no further damage to public
works or public lands will occur;
10.6.3.2.
When the inspections required by this bylaw are complete and
acceptable to the building official; and
10.6.3.3.
When the conditions or provisions of a provisional certificate of
occupancy are completed to the satisfaction of the building official;
10.6.4.
Any credit greater than the amount of the security deposit used by the District
of the purposes described in section 10.6.1 to 10.6.3 of this bylaw will be
returned to the permit holder unless otherwise so directed by the permit
holder.
10.6.5.
Any amount in excess of the security deposit used by the District for the
purposes described in section 10.6.1 to 10.6.3 of this bylaw to complete the
corrective work to public lands, public works, or the site is recoverable by the
District from the permit holder, the constructor or the owner of the property.
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10.6.6.
If the proposed work includes excavation or construction on lands within 10
metres of works or services owned by the District, the owner must deliver to
the building official a signed agreement in a form prescribed by the District's
Chief Administrative Officer under which the owner acknowledges and agrees
that any damage to municipal works or services arising from the construction
associated with the building permit will be repaired by the owner at their
expense and to the satisfaction of the District; and the owner must deposit with
the District security in accordance with sections 10.6.1 to 10.6.3 of this bylaw.
10.7.
Permit Fee Refunds
10.7.1.
No fee or part of a fee paid to the District may be refunded if construction of
the building has started.
10.7.2.
A building permit or other permit fee may be partially refunded as set out in
the District's Fees & Charges Bylaw, only if:
10.7.2.1.
The owner has submitted a written request for a refund;
10.7.2.2.
The building official has certified a start has not been made on the
construction of the building or structure; and
10.7.2.3.
The permit has not expired.
10.7.3.
A building permit or other permit fee is not refundable after the permit has
been extended under section 10.20 of this bylaw.
10.8.
Design Modification
10.8.1.
If an issued building permit or other permit is active and the owner proposes
modification to the building design whereby the value of the work does not
increase or the value of the work decreases, the owner must pay to the District
a building permit fee based on the plan review hourly rate set out I the
District's Fees & Charges Bylaw.
10.9.
Construction Before Permit Issued
10.9.1.
The building permit or other permit fee is doubled for every permit application
if construction commenced before the building official issued a permit, to a
maximum of $10,000.
10.10. Expiration of Application for a Permit
10.10.1. A building permit or a plumbing permit application expires 180 days from the
date a complete application is received under this Part if the building permit or
mechanical permit is not issued by the application expiration date, unless the
permit is not issued only due to delays caused by the District.
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10.11. Issuance of a Building Permit
10.11.1. The building official may issue the permit, in the form prescribed by the
building official, for which the application is made, and the date of issuance is
deemed to be the date the permit is paid for, if:
10.11.1.1.
A completed application in accordance with sections 10.2 or 10.3 of this
bylaw, including all required supporting documentation has been
submitted;
10.11.1.2.
The owner has paid all applicable fees set out in section 10.5 to 10.9 of
this bylaw and the District Fees & Charges Bylaw;
10.11.1.3.
The owner has paid all charges and met all requirements imposed by
any other statute or bylaw;
10.11.1.4.
The owner has retained a professional engineer or geoscientist if
required under this bylaw;
10.11.1.5.
The owner has retained an architect if required under the Architect's
Act;
10.11.1.6.
No covenant, agreement, resolution, or regulation of the District
requires or authorizes the permit to be withheld.
10.11.2. Notwithstanding section 10.11.1, the building official may refuse to issue a
permit when the owner has been notified of a violation of this bylaw about the
construction of another building or structure by the owner.
10.12. Compliance with the Homeowner Protection Act
10.12.1. If the application is in respect of a building that includes, or will include, a
residential occupancy governed by the Homeowner Protection Act, the building
permit must not be issued unless the owner provides evidence under section
30(1) of the Homeowner Protection Act, that the proposed building:
10.12.1.1.
Is covered by home warranty insurance; and
10.12.1.2.
The constructor is a licensed "residential building" as defined in the Act.
10.12.2. Section 10.12.1 of this Bylaw does not apply if the owner is not required to be
licensed and to obtain home warranty insurance in accordance with section
20(1) or 30(1) of the Homeowner Protection Act.
10.12.2.1.
Notwithstanding section 10.12.2, the building official may require the
owner submit evidence stating that a project does not require home
warranty insurance under the Act.
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10.12.3. Every permit is issued subject to the owner and constructor maintaining
compliance with the Homeowner Protection Act and negotiations under it
during the term of the permit.
10.12.3.1.
If any owner and constructor cannot maintain compliance with the
Homeowner Protection Act, any permit issued requiring compliance
with the Homeowner Protection Act will be revoked.
10.13. Partial Construction
10.13.1. If a site has been excavated under a building permit for excavation issued
under this bylaw, and a building permit is not subsequently issued for a
subsisting building permit has expired under section 10.19 but without the
construction of a building or structure for which the building permit was issued
having commenced, the owner must fill in the excavation to restore the original
gradients of the site within 60 days of being served notice by the District to do
so.
10.13.2. If a building permit has expired and partial construction has progressed, with
no extension requested of the building official under section 10.20, permanent
type fencing with privacy screen complying with the District's Zoning Bylaw,
must be erected around the building site for protection of the public.
10.14. Conditions of Building Permit
10.14.1. A building permit or an application for a building permit that is in process may
not be transferred or assigned until the owner has notified the building official
in writing, the building official has authorized the transfer or assignment in
writing and the owner has paid the non-refundable fee in the District's Fees &
Charges Bylaw.
10.14.1.1.
The transfer or assignment of a building permit is not an extension of a
building permit.
10.14.2. The review of plans and supporting documents and issuance of a building
permit do not prevent the building official from subsequently requiring the
correction of errors in the plans and supporting documents, or from prohibiting
building construction or occupancy being carried on when in violation of this or
another bylaw.
10.15. Inspections
10.15.1. If a registered professional provides letters of assurance in accordance with this
Part, the District will rely solely on field reviews undertaken by the registered
professional and the letters of assurance submitted pursuant to this bylaw and
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the building code as assurance that the construction substantially conforms to
the design, plans, and specifications and that the construction complies with
the building code, this bylaw and other applicable enactments respecting
safety.
10.15.2. Notwithstanding section 10.15.1 of this Bylaw, a building official may attend the
site from time to time during the course of construction to ascertain that the
field reviews are taking place and to monitor the field reviews undertaken by
the registered professionals.
10.15.3. A building official may attend periodically at the site of the construction of
simple buildings or structures to ascertain whether the work is being carried
out in substantial conformance with the building code, this bylaw and other
applicable enactments respecting safety.
10.15.4. For all work in respect of simple buildings the owner must give at least 48
hours notice to the District when requesting an inspection and must obtain an
inspection all receive a building official's written acceptance of the following
aspects of the work prior to concealing them:
10.15.4.1.
After demolition, the grading of and removal of debris form the site;
10.15.4.2.
Excavation, within 24 hours of the start of excavation;
10.15.4.3.
Foundation and footing forms, before concrete is poured;
10.15.4.4.
Prior to inspection under section 10.15.4.5, plumbing located below the
finished slab level;
10.15.4.5.
The preparation of ground, including ground cover when required,
perimeter insulation on side of concrete foundation walls and
reinforcing steel;
10.15.4.6.
After inspection under section 10.15.4.5, hydronic heating pipes and
below slab insulation;
10.15.4.7.
Installation of rough-in plumbing before it is covered;
10.15.4.8.
Installation of building services before being covered;
10.15.4.9.
Rough in of factory-built chimneys and fireplaces and solid fuel burning
appliances;
10.15.4.10. Framing, sheathing, fire stopping (including drywall in fire separations),
bracing, chimney and cutwork, rough wiring, rough plumbing, rough
heating, exterior doors and windows, but prior to the installation of
insulation, interior finishes, sheathing paper, or exterior finishes which
would conceal such work;
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10.15.4.11. Insulation and vapour barrier;
10.15.4.12. Construction of an exterior deck if the deck serves as a roof;
10.15.4.13. Construction of an exterior deck greater than 0.6 metres above finished
grade;
10.15.4.14. On-site constructed tubs or showers and tub or shower trap tests;
10.15.4.15. The installation of wall sheathing membrane, externally applied vapour
or air barrier, stucco wire or lath, and flashings, but prior to the
installation of exterior finishes, which would conceal such work; and
10.15.4.16. The health and safety aspects of the work and the conservation, GHG
emission reduction, and accessibility aspects of the work when the
building or structure is substantially complete, ready for occupancy, but
prior to occupancy.
10.15.5. A building official will only carry out an inspection under section 10.15.4 if the
owner or the owner's agent has requested the inspection online or in writing in
accordance with this bylaw and in the form prescribed by the Chief
Administrative Officer.
10.15.6. Despite the requirement for the building official's acceptance of the work
outlined in section 10.15.4, if a registered professional provides letters of
assurance, the District will rely solely on field reviews undertaken by the
registered professional and the letters of assurance submitted pursuant to this
bylaw as assurance that he aspects of the construction referenced by those
letters of assurances substantially conform to the design, plans, and
specifications, and that the construction complies with the building code, this
bylaw and other applicable enactments respecting safety.
10.15.7. No person may conceal any aspect of the work referred to in section 10.15.4 of
this bylaw until a building official has accepted it in writing.
10.15.8. For the work in respect of complex buildings, the owner must
10.15.8.1.
Give at least 48 hours online or written notice to the District when
requesting a preconstruction meeting with the building official prior to
the start of construction, and the owner or his or her representative
must ensure that the coordinating registered professional, the
constructor, as well as representatives of major trades, are in
attendance;
10.15.8.2.
Give at least 48 hours online or written notice to the District when
requesting a pre-occupancy coordinated by the coordinating registered
professional or other registered professional to have the owner, the
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constructor and the registered professional to have the owner, the
constructor and the registered professionals demonstrate to the
building official and Fire Services the compliance with the health and
safety aspects of the work, the coordination and integration of the fire
and life safety system, applicable District requirements and other
enactments respecting safety and the conservation, GHG emissions, and
accessibility aspects of the work; and
10.15.8.3.
Cause the coordinating registered professional, at least 48 hours prior
to the pre-occupancy coordinated site review coordinated by the
coordinating registered professional, to deliver to the building official
all schedules, contacts, inspections, test documents, and external
approvals.
10.16. Stop Work Order
10.16.1. The building official may direct the immediate suspension or correction of all or
a portion of the construction on a building or structure by attaching a stop
work order notice in the form prescribed by the building official on the
premises whenever it is found that the work is not being performed in
accordance with the requirements of the building code, any applicable bylaw of
the District or the applicable provisions of the Homeowner Protection Act.
10.16.2. The coordinating registered professional may request, in writing, that the
building official order the immediate suspension or correction of all or a
portion fo the construction of a building or structure by attaching a stop work
order notice on the premises.
10.16.2.1.
The building official must consider such a request and, if not acted
upon, must respond, in writing, to the coordinating registered
professional and give reasons.
10.16.3. If a registered professional's services are terminated, the owner must
immediately stop any work that is subject to their design or field review and
the building official is deemed to have issued a stop work order under section
10.16.1.
10.16.4. The owner must immediately, after the posting of a notice under 10.16.1,
secure the construction and the lands and premises surrounding the
construction in compliance with the safety requirements of every statute,
regulation, or order of the Province or of a provincial agency and of every
applicable bylaw of the District.
10.16.5. Subject to section 10.16.1, no work other than the required remedial measures
may be carried out on the parcel affected by the notice referred to in section
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10.16.1, until the stop work order notice has been removed by the building
official.
10.16.5.1.
The building official may grant allowance, in writing, for work not
regulated by the building code, zoning, or subject of a development
permit if that work will not further affect the reasons given for the
notice issued under section10.16.1.
10.16.6. The notice referred to in section 10.16.1 must remain posted on the premises
until that which is contrary to the enactments has been remedied.
10.17. Do not Occupy Notice
10.17.1. If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy
Notice in the form prescribed by the building official on the affected part of the
building or structure.
10.17.2. If a notice is posted under section 10.17.1, the owner of a parcel on which a Do
Not Occupy Notice has been posted, and every other person, must cease
occupancy of the building or structure immediately and refrain from further
occupancy until all applicable provisions of the building code and this bylaw
have been substantially complied with and the Do Not Occupy Notice has been
rescinded in writing by a building official.
10.18. Inspection and Other Fees
10.18.1. In addition to the fees required under other provisions of this bylaw, the owner
must pay the non-refundable fee set out in the District's Fees & Charges Bylaw
for:
10.18.1.1.
A second and each subsequent re-inspection where it has been
determined by the building official the due to non-compliance with the
provisions of this bylaw or due to non-complying work, more than one
site visit is required for any required inspection.
10.18.1.2.
A special inspection during the District's normal business hours to
establish the condition of a building, or if an inspection requires special
arrangements because of time, location, or construction techniques;
and
10.18.1.3.
Inspection required under this bylaw which cannot be carried out
during the District's normal business hours.
10.19. Permit Expiration
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10.19.1. Every permit is issued on the condition that the permit expires and the rights of
the owner under the permit terminate if:
10.19.1.1.
The work authorized by the permit is not commenced within 180 days
from the date of issuance of the permit;
10.19.1.2.
Work is discontinued for a period of 180 days; or
10.19.1.3.
The work is not completed within two years of the date of issuance of
the permit.
10.20. Permit Extension
10.20.1. A building official may extend the period set out under section 10.19 for only
one period, not to exceed twelve (12) months, if construction has not been
commenced or has been discontinued due to adverse weather, strikes, material
or labour shortages, other similar hardship beyond the owner's control, or if the
size and complexity of the construction warrants, if:
10.20.1.1.
Application for the extension is made at least 30 days prior to the date
of permit expiration; and
10.20.1.2.
The non-refundable fee set out in the District's Fees & Charges Bylaw
has been paid.
10.21. Building Permit Revocation
10.21.1. The building official may revoke a building permit if there is a violation of:
10.21.1.1.
A condition under which the permit was issued; or
10.21.1.2.
A requirement of the building code, a Provincial or Federal enactment,
or of this or another bylaw of the District.
10.21.2. A permit revocation pursuant to section 10.21.1 of this bylaw must be in writing
and sent to the permit holder by signature mail to, or personal service to, the
permit holder.
10.22. Building Permit Cancellation
10.22.1. A building permit, or a building permit application, may be cancelled by the
owner, or the owner's agent, on delivery of written notification of the
cancellation to the building official.
10.22.2. On receipt of the written cancellation notice, the building official must mark on
the application, and a permit if applicable, the date of cancellation and the
word "cancelled".
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10.22.3. If the owner, or the owner's agent, submits changes to an application after a
permit has been issued and the changes, in the opinion of the building official,
substantially alter the scope of the work, design, or intent of the application in
respect of which the permit was issued, the building official may cancel or
amend the permit and mark the permit with the date of cancellation or
amendment and the word "cancelled" or "amended".
10.22.4. If a building permit application or permit is cancelled, and construction has not
commenced under the permit, the building official must return to the owner
any fees deposited in accordance with the District's Fees & Charges Bylaw, less:
10.22.4.1.
Any non-refundable portion of the fee; and
10.22.4.2.
15% of the refundable portion of the fee to a maximum of $1,000.00.
10.23. Occupancy
10.23.1. No person may occupy a building or structure or part of a building or structure
until a final inspection notice has been issued by a building official.
10.23.2. A final inspection notice will not be issued unless:
10.23.2.1.
All letters of assurance have been submitted when required in this
bylaw;
10.23.2.2.
All aspects of the work requiring inspection and acceptance pursuant to
this bylaw have both been inspected and accepted or the inspections
and acceptance are not required in accordance with this bylaw;
10.23.2.3.
The owner has delivered to the District as-built plans of work and
services in digital format as required by the District;
10.23.2.4.
The owner has provided to the District a building survey prepared by a
British Columbia Land Surveyor showing the building size and location
in accordance with the District's land use regulations;
10.23.2.5.
The building official may waive the requirement for a survey where the
building official is comfortable that the size and siting of the structure
no not conflict with any applicable District bylaws.
10.23.2.6.
All other documentation required under applicable enactments has
been delivered to the District; and
10.23.2.7.
The owner has delivered to the District as-built drawings of the building
or structure in digital format as required by the District.
10.23.3. When a registered professional provides letters of assurance in accordance with
this bylaw, the District will rely solely on the letters of assurance when issuing a
final report authorizing occupancy as assurance that the items identified on the
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letters of assurance substantially comply with the design, the building code,
this bylaw, and any other applicable enactments respecting safety.
10.23.4. A building official may issue a final inspection notice for partial occupancy of a
portion of a building or structure under construction when:
10.23.4.1.
The portion of the building or structure is self-contained and provided
with essential services respecting health and safety aspects of the work,
and if applicable, accessibility, GHG emissions and conservations; and
10.23.4.2.
The requirements set out in section 10.23.2 have been met with respect
to it.
10.23.5. A final inspection notice may not be issued unless:
10.23.5.1.
All letters of assurance and the Confirmation of Required
Documentation have been submitted when required in accordance with
the requirements of this bylaw;
10.23.5.2.
All aspects of the work requiring inspection and review pursuant to Part
9.0 and section 10.15 of this bylaw have both been inspected and
accepted;
10.23.5.3.
The owner has executed and delivered to the District every agreement,
instrument, or form required by the District in relation to the work or
the site; and
10.23.5.4.
All required offsite works respecting safety have been completed.
10.24. Sanitary Facilities
10.24.1. During the time a building permit has been issued and remains valid under this
bylaw, the owner must provide on the parcel of land in respect of which the
permit has been issued, sanitary facilities for the disposal of human waste from
individual persons who enter on the parcel in relation to the work referred to in
the permit, which facilities must be accessible and unlocked when not occupied
while work is being carried out on the parcel under this bylaw.
10.24.1.1.
Every sanitary facility that is not connected to a, Sanitary sewer; or
Septic disposal system approved under the Health Act, by plumbing the
complies with the building code and this bylaw, must be provided, at all
time the facility is required under this bylaw, with toilet paper, a locking
door for privacy, and ventilation, and must be kept in sanitary condition
without leaking beyond the facility and without overflowing within the
facility.
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10.24.2. Such facilities must be located so as to not create a nuisance to neighbouring
parcels or highways.
10.25. Energy Conservation and GHG Emission Reduction
10.25.1. In relation to the conservation of energy and the reduction of GHG emissions,
the District incorporates by reference to the Energy Step Code:
10.25.1.1.
A building, which is a wood framed residential building six (6) stories or
less in building height, or regulated by Part 9 of the Building Code,
must be designed, and constructed to meet the minimum performance
requirements specified in step three (3) of the Energy Step Code; or
10.25.1.2.
all other buildings regulated by Part 3 of the Building Code, must be
designed, and constructed to meet the minimum performance
requirements specified in step two (2) of the Energy Step Code.
10.25.2. Notwithstanding Section 10.25.1, buildings regulated by Part 9 of the Building
Code may elect to meet the requirements of step three (3) of the Energy Step
Code using the Prescriptive path as outlined in 9.36 of the BC Building Code as
amended, replaced, or renumbered, from time to time.
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11.0
RETAINING WALLS AND GRADES
11.1.
Retaining Walls
11.1.1.
No person may construct, or structurally repair, a retaining wall without a
building permit.
11.1.2.
Except as certified by a professional engineer with expertise in geotechnical
engineering, registered in the province of British Columbia, fill material placed
on a parcel, unless restrained by permitted retaining walls, must not have a
surface slope exceeding a ratio of one linear until vertically to two linear units
horizontally.
11.1.3.
Without limiting section 11.1.2, no person may occupy a building unless the
finished grade complies with all applicable enactments.
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12.0
BUILDING MOVE
12.1.
Building Move
12.1.1.
No person may move a building or structure into or within the District:
12.1.1.1.
Except where certified by a registered professional that the building,
including its foundation, will substantially comply with the current
version of the building code; and
12.1.1.2.
A building permit has been issued for the building or structure.
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13.0
NUMBERING OF BUILDINGS
13.1.
Building Numbering
13.1.1.
Immediately upon issuance of a building permit governing the construction,
alteration, or repair of a building, or prior to and during the occupancy of a
building, the owner or occupant must display the address number assigned to
it by the District:
13.1.1.1.
On or over the entrance to the building or where landscaping or
structures obscure the visibility of a building entrance from the adjacent
highway, on the building property within the sight of the adjacent
highway; and
13.1.1.2.
Until such time as the building is removed from the site or has been
demolished.
13.1.2.
Notwithstanding section 13.1.1, the District's Chief Administrative Officer may
renumber or alter the assigned numbers in respect of any building on any
parcel, including those already in existence or numbered.
13.1.3.
Without limiting sections 13.1.1 and 13.1.2, the building official must, on the
issuance of a building permit, designated a house number or set of house
numbers related to the building authorized by the permit.
13.1.3.1.
The owner or occupier must post the number or numbers on the site
immediately after obtaining the building permit and keep the numbers
posted in a conspicuous location at all times during construction.
13.1.4.
Without limited sections 13.1.1 through 13.1.3, on issuance of an occupancy
permit, the owner or occupier of the parcel must affix the numbers
permanently in a conspicuous place on the building such that the number is
visible form an adjacent highway that is not a lane.
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14.0
POOLS
14.1.
Swimming Pool Permit and Fencing
14.1.1.
Without limiting section 5.1 of this bylaw, a person must not construct, or
structurally repair, a swimming pool without a valid building permit.
14.1.2.
A swimming pool, including a spa or hot tub must be enclosed within a fence
constructed without footholds or grips that children may use to climb into the
enclosed area, having a minimum height of 1.22 metres.
14.1.3.
The building official may require registered professionals in accordance with
Part 9.0 of this Bylaw.
14.2.
Pool Gate
14.2.1.
Access through a fence enclosing a swimming pool, spa, or hot tub must be
only through a self-closing and self-latching gate designed and constructed or
installed so as to cause the gate to return to a closed position when not in use
and secured by a latch located on the swimming pool, spa, or hot tub side of
the gate.
14.3.
Spa or Hot Tub Lid
14.3.1.
In lieu of a fence; a spa or hot tub may be covered with a locking cover which
would prevent unauthorized access to the water.
14.3.1.1.
Notwithstanding section 14.3.1, a fence or locking cover is not required
for a spa or hot tub located on an attached deck with a railing and no
stairs constructed at least 1.0 metres above finished grade where the
railing meets the minimum guidelines for a fence in section 14.1.2 of
this bylaw.
14.4.
Maintenance
14.4.1.
A person may not use or occupy a swimming pool, including a spa, or hot tub,
unless the owner or occupier of property on or in which a pool, spa, or hot tub
is located maintains every fence or cover required under sections 14.1 to 14.3 in
good order, and without limitation, maintains and repairs in good order at all
times all sagging gates, loose parts, torn mesh, missing materials, worn latches,
locks, or broken or binding members.
14.5.
Leaks or Other Failures
14.5.1.
A person may not obtain a valid and subsisting building permit for or use or
occupy a swimming pool without first delivering to the building official at the
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time of the building permit application an opinion of a registered professional
that the design of the pool will not cause or result in leaks or other failures of
the pool.
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15.0
OFFENCES
15.1.
Violations
15.1.1.
Without limiting Part 4.0 of this bylaw, every person who:
15.1.1.1.
Violates a provision of this bylaw;
15.1.1.2.
Permits, suffers, or allows any act to be done in violation of any
provisions of this bylaw; and
15.1.1.3.
Neglects to do anything required to be done under any provision of
this bylaw,
Commits an offence and on summary conviction by a court of
competent jurisdiction, the person is subject to a fine of not more
than $10,000.00, or a term of imprisonment not exceeding three
months, or both, in addition to the costs of prosecution.
15.1.2.
Each day during which a violation, contravention, or breach of this bylaw
continues is deemed to be a separate offence.
15.1.3.
Every person who fails to comply with any administrative requirement issued by
a building official, or who allows a violation of this bylaw to continue,
contravenes this bylaw.
15.1.4.
Every person who commences work requiring a building permit without first
obtaining such a permit must, if a Stop Work notice is issued and remains
outstanding for 30 days, pay an additional charge as outlined in the District's
Fees & Charges Bylaw.
15.1.5.
Nothing in this Bylaw shall limit the District from pursuing any other remedy
that would otherwise be available for a contravention of this bylaw.
15.2.
Deemed Offence
15.2.1.
An owner is deemed to have knowledge of and be liable under this bylaw in
respect of any construction on the parcel the owner owns, and any change in
the use, occupancy, or both of a building or structure or part of a building or
structure on that parcel.
15.2.2.
Nothing in this bylaw affects:
15.2.2.1.
The District's right to require the owner's obligation to obtain aa permit;
and
15.2.2.2.
The obligation of the owner to comply with this bylaw.
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15.3.
Ticketing
15.3.1.
The offences in the District of Lillooet Bylaw Notice Enforcement Bylaw are
designated for enforcement as applicable.
15.3.2.
The persons appointed to the positions or titles listed in the District of Lillooet
Bylaw Notice Enforcement Bylaw are designated as Bylaw Enforcement Officers
for the purposes of issuing tickets under this Bylaw.
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16.0
TRANSITION
16.1.
Repeal
16.1.1.
Building Bylaw No. 199, 2003, as amended, is repealed.
17.0
IN FORCE
17.1.
Date the Bylaw is in Force
17.1.1.
This bylaw comes into force at midnight after the bylaw is adopted.
READ A FIRST TIME this 7th day of June, 2021.
READ A SECOND TIME this 7th day of June, 2021.
READ A THIRD TIME this 7th day of June, 2021.
ADOPTED this 22nd day of June, 2021.
"Peter Busse"
Mayor
"Kevin Taylor"
Corporate Officer