Building Bylaw 2024, No. 694

Metchosin, British Columbia · No. 694 · adopted 2024-11-04 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 65e60ffeeb7d · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

DISTRICT OF METCHOSIN BUILDING BYLAW 2024, NO. 694 District of Metchosin Building Bylaw 2024, No. 694 Page 2 of 47 Table of Contents PART 1: CITATION .............................................................................. ....................................... 5 PART 2: INTERPRETATION ..................................................................... ................................ 5 De?nitions ........................................................................................ ............................................... 5 PART 3: PURPOSE OF BYLAW .......................................................................... ...................... 9 PART 4: SCOPE AND EXEMPTIONS ..................................................................... .................. 9 Application............................................................................... ........................................................ 9 Limited Application to Existing Buildings..................................................................... ................ 10 PART 5: PROHIBITIONS .................................................................................. ........................ 10 PART 6: PERMIT CONDITIONS .......................................................................... .................... 11 PART 7: POWERS OF A BUILDING OFFICIAL .......................................................... .......... 12 Administration ..................................................................................... ........................................... 12 Refusal and Revocation of Permits............................................................................ ..................... 13 PART 8: OWNER'S RESPONSIBILITIES .................................................................. .............. 14 Owner' s Obligations................................................................................ ....................................... 14 Damage to Municipal Works.................................................................................. ........................ 15 Owner's Responsibilities in Demolition....................................................................... .................. 15 Notices by Owner .................................................................................. ......................................... 16 PART 9: OBLIGATIONS OF OWNER'S CONSTRUCTOR ................................................... 17 PART 10: REGISTERED PROFESSIONAL'S RESPONSIBILITIES ........................................ 17 Professional Design and Field Review ................................................................ .......................... 17 Requirement for a Registered Professional..................................................................... ................ 17 Professional Plan Certi?cation ................................................................................ ....................... 18 PART 11: BUILDING PERMITS ............................................................................ .................... 19 Requirements Before Applying for a Building Permit ................................................................. . 19 Intake Screening of an Application Submission ................................................................ ............. 19 Building Permit Applications for Complex Buildings.......................................................... .......... 20 Building Permit Applications for Standard Buildings.......................................................... .......... 22 Site and Location Survey ...................................................................................... .......................... 23 Alternative Permit Approval for Certified Professionals ................................................................ 23 Permit Fees and Plan Processing Fees......................................................................... ................... 25 District of Metchosin Building Bylaw 2024, No. 694 Page 3 of 47 Other Charges and Securities with Building Permit Application.......................................... ......... 27 Security Deposits.............................................................. .............................................................. 27 Permit Fee Refunds............................................................ ............................................................ 27 Compliance with the Homeowner Protection Act.................................................. ......................... 28 Issuance of a Building Permit...................................................... ................................................... 28 Conditions of a Building Permit......................................................... ............................................ 29 Tree Protection.......................................................... .......................................................... ........... 29 Permit Expiration.............................................................. .............................................................. 29 Permit Extension .............................................................. .............................................................. 30 Permit Withdrawal and Cancellation...................................................... ........................................ 30 Design Modi?cation............................................................ ........................................................... 30 Alternative Solutions........................................................... ........................................................... 31 PART 12: ENERGY CONSERVATION AND GHG EMISSION REDUCTION ...................... 31 PART 13: PLUMBING PERMITS ............................................................ ................................... 32 PART 14: INSPECTIONS ............................................................ ................................................ 33 Re-Inspection and Other Fees........................................................... .............................................. 36 PART 15: PARTIAL CONSTRUCTION ....................................................... .............................. 37 PART 16: SANITARY FACILITIES DURTNG CONSTRUCTION ...................................... ..... 37 PART 17: SITE GRADING AND DRAINAGE ................................................. ......................... 37 PART 18: OCCUPANCY ........................................................ ..................................................... 38 PART 19: TEMPORARY BUILDINGS ....................................................... ............................... 39 PART 20: RETAINING WALLS ....................................................... .......................................... 40 PART 21: BUILDING RELOCATION ........................................................ ............................... 40 PART 22: NUMBERIN G OF BUILDINGS .................................................... ............................ 41 PART 23: POOLS............................................................ ............................................................ . 41 Swimming Pool Permit and Fencing...................................................... ......................................... 41 Pool Gate ............................................................ ............................................................ ............. 41 Spa or Hot Tub Lid.................................................................. ...................................................... 41 Maintenance................................................................. ................................................................. . 42 Leaks or Other Failures......................................................... ......................................................... 42 PART 24: BUILDING OFFICIAL'S NOTICES................................................. ......................... 42 PART 25: OFFENCES .............................................................. ................................................... 43 District of Metchosin Building Bylaw 2024, No. 694 Page 4 of 47 Ticketing ........................................................................ ............................................................. 43 Additional Fees ........................................................................... ................................................... 43 Deemed Offence........................................................................... .................................................. 44 PART 26: SEVERABILITY ........................................................................ ................................. 44 PART 27: APPENDICES ................................................................... .......................................... 44 PART 28: REPEAL ....................................................................... ............................................... 44 APPENDIX A............................................................................ .................................................... 45 APPENDIX B............................................................................ .................................................... 46 APPENDIX C............................................................................ .................................................... 47 District of Metchosin Building Bylaw 2024, N0. 694 Page 5 of 47 DISTRICT OF METCHOSIN BYLAW NO. 694 A BYLAW for the Administration of the BC Building Code and Regulation of Construction GIVEN that the District of Metchosin Council: A. may by bylaw regulate, prohibit, and impose requirements in respect to buildings and structures under sections 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 part of a building or other structure, for a person with disabilities. (b) the conservation of energy or water. (0) the reduction of greenhouse gas emissions. (d) the health, safety or protection of persons or property. B. is enacting this Bylaw to regulate construction and administer the British Columbia Building Code in Metchosin in accordance with the Community Charter and the Building Act; and C. has employed a Registered Building Of?cial for the purposes of this Bylaw; NOW THEREFORE the Council of the District of Metchosin enacts as follows: PART 1: CITATION 1.1. This Bylaw may be cited as "Building Bylaw 2024, N0. 694 PART 2: INTERPRETATION D?n 2.1 In this Bylaw: Accepted means received by the Building Of?cial under the applicable provisions of the Building Code and this Bylaw. Addition means an alteration to any building which will increase the total aggregate ?oor area or the building height (in storeys) and includes the provision of two or more separate buildings with openings between each other for intercommunication. District of Metchosin Building Bylaw 2024, No. 694 Page 6 of 47 Agent includes a ?rm, corporation or other person representing the owner, by written designation or contract, and includes a hired tradesperson or constructor who may be granted a permit for work within the limitations of their licence. Alternative solution means an alternative solution authorized under the Building Code. Alteration means a change, repair or modi?cation of the construction or arrangement of or use of any building or structure, or to an occupancy regulated by this Bylaw. Architects Act means the Architects Act RSBC 1996, c. 17. 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 Of?cial means the person designated in or appointed to that position by the District, and includes a building inspector, plan checker, Plumbing Of?cial, designated or appointed by the District, and for certainty the Building Of?cial is a "building inspector" referred to in the Community Charter and Local Government Act and a "quali?ed building of?cial" or an "exempt building professional" under the Building Act. Certi?ed Energy Advisor means an Energy Advisor who is registered with Natural Resources Canada. Certi?ed Professional means a registered professional practicing under the Certi?ed Professional Program as recognized by the Architect Institute of BC (AIBC) or the Engineers and Geoscientists BC (EGBC). Complex building means a building where Division A Section 1.3.3.2 of the Building Code applies. Construct means to build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate, or shore. Council means the Council of the District. Cost of construction means the total hard and soft costs calculated in accordance with the Fees and Charges Bylaw. District means the Municipality of Metchosin. Do Not Occupy means a notice issued by the Building Of?cial where the Building Official has not given permission to occupy the premises by means of a valid permit. Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996, c. 116. Energy Step Code means the energy performance standards set out in Subsection 9.36.6 of the Building Code and a reference to a numbered step in the Energy Step Code established in that Subsection. District of Metchosin Building Bylaw 2024, N0. 694 Page 7 of 47 Net-zero energy building means a building that is designed and constructed to produce as much energy as it consumes on an annual basis. A net-zero energy building uses renewable energy such as solar, wind, or geothermal to generate the energy it needs. Existing, in respect of a building, means that portion of a building constructed with valid permits prior to the submission of a permit application required under this Bylaw. Fees and Charges Bylaw means the DistrictofMetchosinFees and Charges Bylaw. Final inspection notice means permission or authorization in writing by the Building Of?cial for an interim occupancy of a building where the health and safety aspects of the work have been addressed. 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 ?nished 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. Monitoring check means an audit check by the Building Of?cial of a building or structure under construction for the purposes of the health and safety aspect of the work. Occupancy permit means a ?nal authorization by the Building Of?cial for the occupancy of a building, structure, or other work speci?ed in the permit. Owner has the meaning set out in the Community Charter, and a person who has been authorized by the owner in writing to act as the owner's agent in a form approved by the Building Of?cial. Permit means permission or authorization in writing by the Building Of?cial to perform work regulated by this Bylaw and, in the case of a ?nal inspection notice or occupancy permit, to occupy a building or part of a building. Plumbing Of?cial means the person designated in or appointed to that position by the District, who has the quali?cations set out in the BuildingAct to carry out the duties of plumbing inspections. Pool means a structure or constructed depression, designed to contain water, intended for bathing, swimming, wading or diving, having a depth, at any point, exceeding 0.6 metres, and without limitation including an in-ground pool, spa and hot tub. professional design means the plans and supporting documents bearing the date, seal or stamp, and signature of a registered professional. retaining wall means a structure constructed to hold back, stabilize, or support soil. District of Mctchosin Building Bylaw 2024, N0. 694 Page 8 of 47 2.2 standard building means a building where Division A Section 1.3.3.3 of the Building Code applies. Stop Work means a notice issued by the Building Of?cial to immediately suspend construction. Structure means a construction or portion thereof of any kind, whether ?xed to, supportedby, or sunk into land or water, except for retaining wall of 1.2 metres or less in height. Subdivision Servicing Bylaw means the District of Mctchosin Subdivision Servicing Bylaw No. 38, 1987. Temporary building or other structure means a building or structure that is located for no more than a ?xed duration as speci?ed on the permit, or for the duration of the construction, and may include a sales of?ce, construction of?ce, or a structure in which tools are stored during construction of a building or other structure. Tree Management Bylaw means the Mctchosin Tree Management BylawNo.28 7. Unsafe to Occupy means a building or construction that has been declared to be structurally unsafe by the Building Of?cial. Work Without Permit means construction that has been carried out without a valid permit or written authorization to prove otherwise. Zero Carbon Step Code means the regulation of greenhouse gas (GHG) emissions set out in Division B, Parts 9 and 10 of the Building Code. Zoning Bylaw means the MetchosinLand Use Bylaw N0. 259. In this Bylaw the following words and terms have the meanings. a) set out in the Building Code as of the date of the adoption of this Bylaw: accessible, assembly occupancy, building, building area, building height, business and personal services occupancy, care occupancy, constructor, coordinating registered professional, designer, detention occupancy, emissions level, excavation, ?eld review, ?rewall, ?rst 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, Schedules A, B, C-A, C-B, treatment occupancy or unsafe condition; b) subject to this Bylaw, set out in the Schedule to the Community Charter: assessed value, highway, land, occupier, parcel, service and soil; and 0) subject to this Bylaw, set out in section 29 of the Interpretation Act: may, must, obligation, person, property, writing, written and year. District of Metchosin Building Bylaw 2024, N0. 694 Page 9 of 47 2.3 Every reference to this Bylaw to a statute, regulation or code is to an enactment of the Province of British Columbia, and every reference to such enactments or another bylaw of the District is a reference to that enactment as amended or replaced from time to time. 2.4 Every reference to a) the Building Code is a reference to the current edition as of the date of issuance of the building permit; and b) a section of the Building Code is a reference to the applicable successor sections, as the code or section may be amended or replaced from time to time. 2.5 De?nitions of words and phrases used in this Bylaw that are not included in the defmitions in 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. PART 3: PURPOSE OF BYLAW 3.1 Despite any other provision in this Bylaw, this Bylaw must be interpreted in accordance with this Part. 3.2 Every permit issued under this Bylaw is issued expressly subject to the provisions of this Part. 3.3 This Bylaw is enacted to regulate, prohibit, and impose requirements regarding construction within the District, in the public interest. 3.4 The purpose of this Bylaw does not extend to a) the protection of owners, designers, or constructors from economic loss. b) 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. 0) providing any person, a warranty of design or workmanship with respect to any building or structure for which a permit, ?nal inspection notice or occupancy permit is issued under this Bylaw. (1) providing any person, a warranty or assurance that construction undertaken under permits issued by the District is free from latent, or any, defects; or e) the protection of adjacent real property from incidental damage or nuisance. PART 4: SCOPE AND EXEMPTIONS Application 4.1 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. District of Metchosin Building Bylaw 2024, No. 694 Page 10 of 47 4.2 This Bylaw does not apply to buildings or structures exempted by Division A Part 1 of the Building Code except as expressly provided herein. Limited Application to Existing Buildings 4.3 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 so provided by this or another bylaw, regulation or statute. 4.4 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. 4.5 If an alteration or addition is made to an existing building, the alteration or addition must comply with this Bylaw, and the Building Code and, where applicable, the remainder of the 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. 4.6 A registered professional with a structural specialty must certify the building is structurally sound meeting current requirements in the Building Code with the introduction of any new structural loads as a result of the alteration or addition. PART 5: PROHIBITIONS 5.1 A person must not construct, continue to construct, or change the use or occupancy of any building or structure, including,other work related to construction: a) except in conformity with the requirements of the Building Code, this Bylaw and other applicable District bylaws or regulations; and b) unless a Building Of?cial has issued a valid and subsisting permit for the work under this Bylaw. 5.2 A person must not occupy or permit the occupancy of any building or structure or part of any building or structure: a) unless a subsisting ?nal inspection notice has been issued by a Building Of?cial for the building or structure or the part of the building or structure; or b) contrary to the terms of any permit issued or any notice given by a Building Of?cial. 5.3. A person must not knowingly submit false or misleading information to a Building Of?cial in relation to any permit application or construction undertaken pursuant to this Bylaw. 5.4 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 Of?cial, or plans and supporting documents which District of Metchosin Building Bylaw2024, N0. 694 Page 11 of 47 have been ?led for reference with the Building Official after a permit has been issued. 5.5 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 certi?cate posted or af?xed to a building or structure pursuant to this Bylaw. 5.6 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. 5.7 A person must not interfere with or obstruct the entry of a Building Of?cial or other authorized of?cial of the District on property in the administration of this Bylaw. PART 6: PERMIT CONDITIONS 6.1 A permit is required if work regulated under this Bylaw is to be undeitaken, including but not limited to: a) a building permit before constructing, repairing or altering a building or structure, or portions of a building or structure; b) a moving permit before moving a building or structure; c) a demolition permit before demolishing a building or structure; d) a ?replace permit prior to the construction of a masonry ?replace or the installation of a solid fuel burning appliance or chimney; e) a plumbing permit prior to commencing the installation of any plumbing ?xtures or pipes; f) a pool permit for installation of a pool; or g) a retaining wall permit for the construction or structural repair to a retaining wall over 1.2m in height measured from the lowest exposed grade to top of wall; and h) each building or structure to be constructed on a site requires a separate permit. The application form for the above scopes may be different in format, as prescribed by the Building Of?cial. 6.2. A permit is not required in the following circumstances: a) for minor repairs or alterations to non-structural components of the building, including roof retro?ts or replacements for windows and doors of the same sizes in a single- family dwelling; or b) when a valve, faucet, ?xture or service water heater is repaired or replaced, a stoppage cleared, or a leak repaired if no change to the piping is required. 6.3 Neither the issuance of a permit under this Bylaw, nor the acceptance or review of plans, drawings, District of Metchosin Building Bylaw 2024, N0. 694 Page 12 of 47 speci?cations or supporting documents, nor any inspections made by or on behalf of the District will in any way: a) 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; b) constitute a representation, warranty, assurance or statement that the Building Code, this Bylaw or any other applicable enactments respecting safety, protection, land use and zoninghave been complied with; or c) constitute a representation or warranty that the building or structure meets any standard of materials or workmanship. 6.4 A person must not 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. 6.5 Without limiting section 6.3(a), it is the full and sole responsibility of the owner (and if the owner is acting through a representative, the representative of the owner) to carry out and verify 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. PART 7: POWERS OF A BUILDING OFFICIAL Administration 7.1 Every reference to "owner" in this Part includes a reference to the owner's agent or constructor. 7.2 Words de?ning the authority of a Building Official are to be construed as internal administrative powers and not as creating a duty. 7.3 A Building Of?cial may a) administer this Bylaw but owes no public or private law duty to enforce or administer this Bylaw; b) keep records of applications received, permits, notices and orders issued, inspections and tests made, and may retain copies of all documents, in paper or electronic format, connected with the administration of this Bylaw; 0) subject to section 16 of the Community Charter, enter on property at any time to ascertain whether the requirements of this Bylaw are being met; and by notice in writing: d) establish or require an owner to establish whether a method or type of construction or material used in the construction of a building or structure complies with the requirements and provisions of this Bylaw and the Building Code; District of Metchosin Building Bylaw 2024, No. 694 Page 13 of 47 e) direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundations be carried out, or that suf?cient 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; f) order 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; g) order an owner to remove any building or structure, or any part of a building or structure, constructed in contravention of a provision of this Bylaw or any other bylaw of the District relating to building health or safety; h) require an owner to have work inspected by a Building Of?cial prior to covering; or have the work inspected by a registered professional, at the sole cost of the owner, prior to covering; i) order an owner to uncover any work that has been covered without inspection contrary to this Bylaw or an order issued by a Building Of?cial; and j) order the correction of any work that is being done or has been done in contravention of the Building Code or this Bylaw. 7.4 Without limiting section 7.3, the Building Of?cial may cause any of the following notices to be posted on the affected parcel, or on a building or structure, and make orders in relation to the subject of the notice: a) a Stop Work notice, notifying the person doing such work, to require the cessation of construction, including plumbing installations, that is proceeding in contravention of this Bylaw, conditions on the permit, or the Building Code. b) a Work Without Permit notice notifying the owner or occupants where construction or plumbing installations has been carried out without a valid permit as required under this Bylaw; c) a Do Not Occupy notice if the owner or occupants has been noti?ed not to occupy a building, and the owner or occupants continues the occupancy; and d) an Unsafe to Occupy notice to the owner and occupants if the Building Of?cial deems the building to be structurally unsafe and considers that continuing use of the building may endanger the safety of the occupants in or around the building. 7.5 Every person served with a notice under this Part must comply with that notice. 3) within the time ordered, or b) if no time is ordered, immediately. Refusal and Revocation of Permits 7.6 A Building Of?cial may refuse to issue a permit, or may revoke an issued permit prior to occupancy, if the Building Of?cial determines that any of the following has occurred: District of Metchosin Building Bylaw 2024, N0. 694 Page 14 of 47 a) violation of any of the conditions under which the permit was issued; b) Violation of a provision of this Bylaw or any bylaw of the District relating to this bylaw or to building health or safety or the protection of property; 0) violation of a provision of the Building Code or other provincial enactment; d) violation of a covenant in favour of the District related to building on land that is subject of the permit application. e) if any reason is found to exist which would have been cause for denial of such permit, if known to exist at the time of issuance of the permit; f) if there are outstanding fees, charges, ?nes, or penalties that remains unpaid; g) if information on the application is misleading or incorrect; h) if all permits required under this Bylaw have not been obtained; or i) if the permit was issued in error. PART 8: OWNER'S RESPONSIBILITIES Owner's Obligations 8.1 8.2 8.3 Every owner must a) comply with the Building Code, the requirements of this Bylaw 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; b) ensure all registered professionals provide their necessary inspections in accordance with their professional best practices or guidelines; c) ensure that all permits, all plans and speci?cations and supporting documents on which a permit was based, all inspection notices, and all professional ?eld reviews are available at the site of the work for review during working hours by the Building Of?cial, and that all permits are posted conspicuously on the site during the entire execution of the work; and (1) prior to the issuance of a building permit, execute and submit to the District an owner's undertaking in the form attached as Appendix B, where required by the Building Of?cial. 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 and other bylaws of the District and none of the issuance of a permit under this Bylaw, the review of plans and supporting documents, or inspections made by a Building Of?cial shall relieve 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. Every owner must allow a Building Of?cial to enter any building or premises at any reasonable time to administer and enforce this Bylaw. District of Metchosin Building Bylaw 2024, No. 694 Page 15 of 47 8.4 Every owner to whom a permit is issued must, during construction: a) post the civic address and a permit card on the property so that it may be easily read from the public highway from which the property takes its address. b) manage any soil or water runoffs to adjacent properties and rights-of-way. c) manage the disposal and removal of materials off the site in an acceptable and safe manner. (1) ensure that the construction site is kept in a manner that complies with the Workers Compensation Act and its regulations. e) ensure parking and the traf?c ?ow related to the construction is managed without causing nuisance to neighbours; and f) ensure all construction materials, waste, or debris, from demolition, excavation or construction activity are contained within the property boundaries or have permission from the District to store off the site. 8.5 Every owner shall pay a fee as establishedin the Fees and Charges Bylaw: a) to extend a building permit. b) for revision of plans after submission of the building permit application. c) for revision of plans after issuance of a building permit. Damage to Municipal Works 8.6 Every owner shall repair any damages to municipal works or lands, within a timely manner once noti?ed by the District, back to their pre-existing conditions, or better, that occurs during or arises directly or indirectly from the work authorized by the permit; and the owner shall be solely responsible for the cost of such repairs. 8.7 If the owner fails to remedy any repair or damage to the satisfaction of the Building Official, the damage securities collected will be used by the District to undertake the speci?ed repairs and the owner will be responsible to pay back to the District for any additional costs incurred over the amount of the security. Owner's Responsibilities in Demolition 8.8. Prior to obtaining a permit to demolish a building or structure, the owner must: a) provide to the District a vacancy date; b) ensure that all sewer and storm pipes are capped and terminated at the property linein a District standard inspection chamber and valve arrangement and pay capping and inspection chamber installation fees as set out in the Fees and Charges Bylaw; c) provide written con?rmations from other utilities involved, including water, gas, and hydro, in District of Metchosin Building Bylaw 2024, No. 694 Page 16 of 47 regard to proper disconnection must be presented at time of application; and d) secure the demolition site and all buildings from unauthorized entry; and provide a hazardous materials report for the building or structure including methods of deposition of suchmaterials and a clearance letter once any required remediation is completed. 8.9 Every owner must ensure that, on completion of all demolition procedures: a) all debris and ?ll are cleared, and the site is levelled or graded; b) if the site remains vacant for a duration longer than 6 months, an interim landscape plan is placed; and c) the site is made safe with an acceptable security fencing if levelling and grading are not possible. 8.10 If interim landscaping is required under Section 8.9, the owner must deliver to the District a landscape security in the form of a letter of credit or cash as per the Fees and Charges Bylaw, to ensure the interim landscaping plan takes place, and the security amount will be refunded upon the completion of the interim landscaping. Notices by Owner 8.11 Every owner must give written notice to a Building Of?cial of any change in or termination of engagement of a registered professional, including a coordinating registered professional, during construction, within 48 hours of when the change or termination occurs. 8.12 If an owner or a registered professional terminates the engagement of a registered professional, including a coordinating registered professional, the owner must stop all work under a building permit that is under the responsibility of the departed registered professional until the owner has engaged a new registered professional, including a coordinating registered professional, and has delivered to a Building Of?cial new letter of assurance. 8.13 Every owner must give notice in writing to a Building Of?cial and pay the non-refundable fee set out in the Fees and Charges Bylaw immediately upon any change in ownership or change in the address of the owner which occurs prior to the issuance of an occupancy permit. 8.14 Every owner must give such other notice to a Building Official as may be required by the Building Of?cial or by a provision of this Bylaw. 8.15 Every owner shall give at least 24 hours' notice to the Building Of?cial a) of any scheduled inspections of a registered professional or representative. b) of intent to cover work that has been ordered to be inspected prior to covering; and 0) prior to requesting an inspection or monitoring check. District of Metchosin Building Bylaw 2024, N0. 694 Page 17 of 47 PART 9: OBLIGATIONS OF OWNER'S CONSTRUCTOR 9.1 9.2 9.3 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. Every constructor must ensure that no excavation or other work is undertaken on public property, and that no public property is disturbed, no building or structure erected, and no materials stored thereon, in whole or in part, without ?rst having obtained approval in writing from the appropriate authority over such public property. For the purposes of the administration and enforcement of this Bylaw, every constructor is responsible jointly and severally with the owner for all work undertaken. PART 10: REGISTERED PROF ESSIONAL'S RESPONSIBILITIES Professional Design and Field Review 10.1 10.2 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 a) the pre-occupancy site review coordinated by the coordinating registered professional or other registered professional for a complex building, or b) a ?nal inspection for a standard 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. If a registered professional provides letters of assurance in accordance with the Building Code, they must also provide proof of professional liability insurance to the Building Of?cial in the form prescribed by the Building Of?cial. Requirement for a Registered Professional 10.3 The owner must retain a registered professional to provide a professional design and plan certi?cation, 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 for: a) any construction of a complex building; b) any construction of a standard building in circumstances where letters of assurance have been required in accordance with the requirement of the Building Code; 0) except for garages, carports and garden structures, foundation and excavation components of new standard buildings and additions greater than 55 square metres to standard buildings in accordance with the Building Code; (1) a building in respect of which the Building Of?cial determines that site conditions, size or District of Metchosin Building Bylaw2024, No. 694 Page 18 of 47 complexity so warrant in the interests of safety of persons or protection of property under the Building Code; e) the building envelope components that fall under Division B Part 5 of the Building Code, or if the building envelope do not comply with the prescriptive requirements of Division B Part 9 of the Building Code; f) a parcel of land on which a building or structure is proposed if the Building Of?cial believes the parcel is or is likely to be subject to ?ooding, mud ?ows, debris ?ows, 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 8 of Part 3 of the Community Charter: i. for a report certi?ed by a professional engineer with experience in geotechnical engineering that the parcel may be used safely for the use intended, and ii. that the plans submitted with the application comply with the relevant provisions of the Building Code and applicable bylaws of the District. g) the design and construction of buildings required by the Architect Act to have the services of an architect; in which case the owner must ensure the registered professional is an architect; h) the structural design of a complex building, and must at the owner's or engineer's sole cost, also retain a second structural engineer to carry out a separate independent check; and i) a retaining wall over 1.2m in height. 10.4 The Building Of?cial may require any registered professional carrying out the professional design and ?eld review required under section 10.3 to provide evidence that they have experience and expertise in respect of the professional design and ?eld review of the context and scope required. Professional Plan Certi?cation 10.5 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 10.1 and 10.3 of this Bylaw are relied upon by the District and its Building Of?cials as certi?cation that the design and plans to which the letters of assurance refer comply with the Building Code, this Bylaw and other applicable enactment. 10.6 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. 10.7 For a building permit issued for the construction of a complex building, the Building Of?cial will provide the owner with a notice that the building permit is issued in reliance on the certi?cation 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. Any failure on the part of the Building Of?cial to provide the owner with the notice will not diminish or invalidate the reliance by the District or its Building Of?cials on the registered professionals. District of Metchosin Building Bylaw 2024, N0. 694 Page 19 of 47 10.8 If a building permit is issued for the construction of a complex building, the permit fee is reduced by 5% of the fees payable under the Fees and Charges Bylaw, up to a maximum reduction of $500.00 (?ve hundred dollars). PART 11: BUILDING PERMITS Requirements Before Applying for a Building Permit 11.1 When applying for a building permit, the owner must verify the following requirements or conditions are in place, where applicable: a) an approval for the development permit associated with the site; b) the proposed building or structure complies with all bylaws of the District, except to the extent a variance of a bylaw is authorized by a development permit, development variance permit or approval from the Board of Variance; c) an approving of?cer 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 in the Land Title Of?ce; d) if the works and services required by a District bylaw or other enactment have not been completed in accordance with the enactments, a Works and Services Agreement with the District is conditionally approved, and the amount that is needed to be secured by letters of credit or cash security in accordance with the Subdivision Servicing Bylaw for completion of the works and service must be provided; and e) drawings regarding all on site works and services, and storm water management plan, that comply with applicable bylaws, design standards and the Plumbing Code, have been completed. Intake Screening of an Application Submission 11.2. The Building Of?cial may refuse to accept an application for building permit if any of the submission requirements in 11.1 are not met, and if the application package: a) does not substantially meet the requirements of the Building Code, or other District bylaws, on application, b) does not match the proposal under the development permit or works and servicing agreement for the site, or c) if applicable, the site does not have a site disclosure statement from the Ministry of Environment. 11.3 Upon completion of the intake screening, the Building Of?cial will notify the applicant in writing if the application is refused. The applicant must pick up the incomplete applicable package within 14 days upon noti?cation, after which the application package will be subject to the District's records retention and disposition policy. District of Metchosin Building Bylaw 2024, N0. 694 Page 20 of 47 Building Permit Applications for Complex Buildings 11.4 An application for a building permit with respect to a complex building must include: a) b) g) iv. vi. vii. viii. ix. xi. xii. xiii. xiv. xv. xvi. xvii. xviii. a completed application form signed by the owner, or a signing of?cer if the owner is a corporation; the owner's Letter of Authorization and owner's Undertaking made in the form attached as Appendix A and C to this Bylaw and signed by the owner, or a signing of?cer if the owner is a corporation, and include the corporate registry information. a copy of a title search for the relevant property made within 30 days of the date of the permit application, and where applicable, any covenants, easements or rights of way listed on title. a Building Code compliance report and code compliance drawings. an energy compliance modelling report prepared by a Certi?ed Energy Advisor. a copy of a survey plan prepared by a British Columbia land surveyor. a site plan prepared by a registered professional showing: the bearing and dimensions of the parcel taken from the registered subdivision plan. the legal description and civic address of the parcel. the location and dimensions of existing and proposed statutory rights of way, easements and setback requirements, adjacent street, and lane names. the location and dimensions of existing and proposed buildings or structures on the parcel. setbacks to the natural boundary of any lake, swamp, pond or watercourse. north arrow. if applicable, location of an approved existing or proposed private or other alternative sewage disposal system, water supply system or storm water drainage system. zoning compliance summary. the location, dimensions and gradient of parking and parking access. proposed and existing setbacks to property lines. natural and ?nished grade at building corners and signi?cant breaks in the building plan and proposed grade around the building faces in order to ascertain foundation height. ?rst storey ?oor elevation. location, setbacks and elevations of all retaining walls, steps, stairs and decks. elevations of below grade and upper ?oors. location and elevation of curbs, sidewalks, manholes, and service poles. location of existing and proposed service connections. location and species of all trees. location of top bank and water courses. District of Metchosin Building Bylaw2024, N0. 694 Page 21 of 47 xix. xx. xxi. h) j) k) 1) access routes for ?re?ghting. accessible paths of travel from the street to the building. geodetic elevation of the underside of a wood ?oor system or the top of a ?nished concrete slab of a building or structure where the District's land use regulations or provincial ?ood mapping regulations establish siting requirements related to minimum ?oor elevation, except that the Building Of?cial may waive, in whole or in part, the requirements for a site plan or survey, if the permit is sought for the repair or alteration of an existing building or structure. ?oor plans showing the dimensions and uses and occupancy classi?cation of all areas, including: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; ?oor, wall, and ceiling ?nishes; ?re separations; plumbing ?xtures; structural elements; and stair dimensions, and accessibility requirements meeting the Building Code. a cross-section through the building or structure in suf?cient detail and locations to illustrate foundations, drainage, ceiling heights and constructions systems. elevations of all sides of the building or structure showing ?nish details, roof slopes, windows, doors, natural and ?nished grade, spatial separations and ridge height to comply with the Building Code and to illustrate that the building or structure conforms with the Zoning Bylaw and the associated development permit. all other requirements of Part 2 Division C of the Building Code. 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 approvals. 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 of?cer if the owner is a corporation, and the coordinating registered professional. 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, prepare the design for, and conduct ?eld reviews of the construction of the building; two sets of drawings and an electronic copy at a suitable scale of the design prepared by each registered professional containing the information set out in (g) to (k) of this section. landscape drawings and a letter of commitment to do ?eld reviews by the landscape architect. sprinkler design drawings prepared by a registered professional. a site disclosure statement issued by the Ministry of Environment; and illustration of any slopes on the subject parcel that exceed 30%. District of Metchosin Building Bylaw 2024, N0. 694 Page 22 of 47 11.5 In addition to the requirements of section 11.4 of this Bylaw, a Building Of?cial 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: a) b) d) site servicing drawings, including suf?cient detail of off-site services to indicatelocations at the property line, prepared and sealed by a registered professional, in accordance with the Subdivision Servicing Bylaw. detailed stormwater management plan in accordance with the Subdivision Servicing Bylaw. a section through the site showing grades, buildings, structures, parking areas and driveways; and any other information required by the Building Of?cial to establish compliance with this Bylaw, the Building Code and other bylaws and enactments relating to the building or structure. Building Permit Applications for Standard Buildings 11.6 An application for a building permit with respect to a standard building must, where applicable include: a) b) g) h) a completed application form signed by the owner, or a signing of?cer if the owner is a corporation; the owner's Letter of Authorization and owner's Undertaking made in the form attached as Appendix A and C to this Bylaw and signed by the owner, or a signing of?cer if the owner is a corporation, and include the corporate registry information; all drawings and documents required on the application checklist provided by the Building Of?cial; a copy of a title search for the relevant property made within 30 days of the date of the permit application and where applicable include any covenants, easements or rights of way listed on title; a copy of a survey plan prepared by a British Columbia land surveyor, except that the Building Of?cial may waive the requirement for a survey plan, in whole or in part, where conditions warrant; 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 approvals; except for garages, carports and garden structures located on land, a foundation and excavation design prepared by a structural engineer in accordance with the Building Code; geotechnical letters of assurance, in addition to a required geotechnical report, if the Building Of?cial determines that the site conditions so warrant; District of Metchosin Building Bylaw 2024, N0. 694 Page 23 of 47 i) an energy compliance modelling report prepared by a Certi?ed Energy Advisor; j) two sets of drawings and an electronic copy at a suitable scale of design; k) a Building Code compliance summary including the applicable edition of the Building Code; and l) a site disclosure statement issued by the BritishColumbia Ministry of Environment. Site and Location Survey 11.7 Unless the Building Of?cial waives the requirements for a survey, in whole or in part, the owner must submit an up-to-date plan or survey prepared by a registered British Columbia land surveyor which contains suf?cient information respecting the site and location of any building to a) establish, before construction begins, that all the provisions of this Bylaw in relation to this information will be complied with. b) verify, upon completion of the foundation to top of concrete, and on completion of the construction, that all provisions of this and other applicable bylaw have been complied with. c) in relation to an existing building, substantiate its location, size, including appurtenances whether above, at, or below ground level, relative to the site or its relationship to neighbouring grades; and d) in relation to construction of a new building, or addition to an existing building, prior to the placement of concrete for foundations and footings, show the elevation at proposed top of concrete on all building elevations and at all signi?cant changes of elevation to substantiate its size, location and elevation, and every person served with a written requirement under this section must comply with the requirement. Alternative Permit Approval for Certi?ed Professionals 11.8 Where the owner chooses to engage in the services of a Certi?ed Professional, and where any required development permit is issued and any required works and servicing agreement is entered for the project, a Building Official may, issue a permit for an excavation or foundation phase ahead of a full building permit for a complex building, based on a complete set of excavation, architectural, and structural drawings. 11.9 The owner must pay the building permit fee and all applicable securities and charges associated with the proposed work for a permit for excavation or foundation, and a separate building permit fee for the remaining building under a separate building permit. 11.10 The separate excavation or foundation permit is deemed to be incorporated into the subsequent building permit when the construction exceeds the scope under the excavation or foundation. 11.11 The letters of assurance of the full project are deemed to cover all phases of the project, unless otherwise speci?ed by the registered professional. District of Metchosin Building Bylaw 2024, N0. 694 Page 24 of 47 11.12 The Building Of?cial may accept a complex building development for processing under the Certi?ed Professional Program, provided that: a) the building document plans have been reviewed by the Certi?ed Professional for compliance with requirements of Division A, Division B, Parts 1 and 3 and Division C of the Building Code, relevant District bylaws and other applicable enactments, and b) the building permit application includes all required letters of assurance, schedules and checklists, and any required con?rmations with respect to compliance to the Building Code, and code coordination. 11.13 A Certi?ed Professional providing the Building Of?cial with letters of assurance, must also provide proof of insurance in an amount and form prescribed by the Building Of?cial. 11.14 The Building Of?cial may refuse to recognize a person from practicing as a Certi?ed Professional in the District if the registered professional: a) is no longer licensed as a registered professional in the Province of British Columbia, b) submits any required documentation, which is in any material way inaccurate or misleading, c) fails to disclose in a timely manner to the Building Of?cial any signi?cant variation or change to the design or construction of a building, or (1)fails to satisfactorily perform any duties or obligations required by this Bylaw or other applicable enactments. 11.15 A Certi?ed Professional must, where a building permit was issued, and in addition to any other applicable responsibilities: a) review, in advance of any tenant improvement building permit application, and any tenant improvement work constructed prior to substantial completion of the shell of the building, b) review for adequacy and acceptability, any report concerning testing and?eld reviews related to the construction and maintain a detailed record of such reports and, if requested, make these available to the Building Of?cial, c) advise the Building Of?cial promptly, in writing, if any matter of design, construction or ?eld review does not meet the requirements of the Building Code, this Bylaw and/or other applicable enactments, and d) at least once every 30 days from the date of issuance of a building permit, submit to the Building Of?cial a written progress report together with copies of the ?eld review reports from each registered professional involved in the development. 11.16 The Building Of?cial may post a Stop Work notice or revoke a building permit under the Certi?ed Professional Program in any of the following circumstances: a) if the Certi?ed Professional ceases to be retained by the owner, resigns or is otherwise unable or unwilling to carry out ?eld reviews or other duties related to the development for which a District of Metchosin Building Bylaw 2024, N0. 694 Page 25 of 47 building permit was issued under the Certi?ed Professional Program. b) pursuant to paragraph (a), under such circumstances the Certi?ed Professional must promptly notify the Building Of?cial in writing of the date upon which they will cease to be involved. 0) if the Certi?ed Professional is no longer licensed as a registered professional in the Province of British Columbia. d) if the Certi?ed Professional fails to perform any of their duties or obligations under this Bylaw; or e) if a document required by this Bylaw or under the Certi?ed Professional Program is not delivered by the Certi?ed Professional within the time frame speci?ed in this Bylaw. 11.17 Where a building permit is revoked pursuant to Section 11.16,only work necessary, as authorized by the Building Official, to remove any hazards or to mitigate damage arising from exposure to the elements, can be undertaken on the development unless otherwise speci?cally authorized by the Building Of?cial. 11.18 Under the circumstances listed under section 11.16, work on the development must not resume until the Building Of?cial has received written notice from the owner that another Certi?ed Professional a) has been retained by the owner for the continuation of construction of the building, b) has reviewed the building and certi?es that the building, as constructed up to that point, substantially complies with the Building Code, this Bylaw, and other applicable enactments, and has been constructed in accordance with the approved plans, and c) will carry out the duties of the Certi?ed Professional that are required in order to bring the building to completion and to certify substantial compliance with the Building Code, this Bylaw and other applicable enactments and that construction will be in accordance with the previously approved plans. 11.19 Nothing in this Bylaw relieves the owner, or the Certi?ed Professional of record for the development, from full responsibility for ensuring that the building or structure is in substantial compliance with the Building Code, this Bylaw, and other applicable enactments. 11.20 Where the Building Of?cial accepts a building permit application and Letters of Assurance from a Certi?ed Professional for a development, the Building Of?cial will rely on the certi?cations issued by the Certi?ed Professional and other registered professionals, that the drawings and construction will meet the requirements of the Building Code. Permit Fees and Plan Processing Fees 11.21 Every person who obtains a building or plumbing permit or other services shall pay the applicable fees and charges as established in the Fees and Charges Bylaw, with a minimum application fee. 11.22 A Plan processing fee for building a structure as set out below shall accompany an application made for a building permit to this Bylaw. District of Metchosin Building Bylaw 2024, N0. 694 Page 26 of 47 11.23 11.24 a) The plan processing fee for a building or structure with a construction value as established in the Feesand Charges Bylaw for less than $50,000 (?fty thousand dollars) shallbe $100.00 (one hundred dollars). b) The plan processing fee for a building or structure with a construction value as established in the Fees and Charges Bylaw for less than $250,000 (two hundred and ?fty thousand dollars) shall be $200.00 (two hundred dollars). c) The plan processing fee for a building or structure with a construction value as established in the Fees and Charges Bylaw for greater than $250,000 (two hundred and ?fty thousand dollars) shall be $300.00 (three hundred dollars). The plan processing fee is non-refundable and shall be credited against the building permit fee when the permit is issued. a) An application shall be cancelled, and plan processing fee forfeited if the Permit has not been issued and the Permit fee paid within 180 days of the date of the ?rst noti?cation to the owner that the permit is ready to be issued. b) When an application is cancelled, the plans and related documents submitted with the application will be subject to the District's records retention and disposition policy. c) The owner may obtain a refund of the Permit fees set out in section 11.34 of this Bylaw, by way of a written request, within 6 months of the permit being issued, and before any construction begins, except that the refund shall not include the plan-processing fee paid pursuant to Section 11.22 of this Bylaw. d) Where due to non-compliance with this Bylaw, more than two inspections are necessary, when one inspection is normally required, for each inspection after the second inspection, a re- inspection charge shall be paid prior to additional inspections being performed. Building permit fees are based on the cost of construction which shall include, in addition to the general construction costs, without limitation, a) all mechanical, electrical, plumbing, drainage, and gas installations necessary in the carrying out of the construction to its completed form; b) all design documents, labour and fees involved in the design, investigative testing, consulting services, construction labour and management, even if provided by the owner, or donated voluntarily by others, and sales taxes; c) contractor's pro?t and overhead; (1) insurance; and e) site preparation and civil works and improvements and all associated paving, landscaping, and underground servicing, including excavation and the use of hoisting, pile driving, compaction or erection devices. District of Metchosin Building Bylaw 2024, No. 694 Page 27 of 47 11.25 The cost of construction shall be the greater of: a) the value declared by the owner on the application. b) the value of construction that would be authorized by a building permit, as determined by the Building Of?cial utilizing an independent third-party valuation tool of construction costs; or c) a cumulative total of all contracts of construction for the project at occupancy. 11.26 Plumbing permit fees shall be charged as per the Fees and Charges Bylaw, with an applicable minimum permit fee. Other Charges and Securities with Building Permit Application 11.27 Every applicant for a building permit that includes new site service connections shall apply for their separate engineering permits and pay the corresponding securities to the District. 11.28 Fees for miscellaneous services related to the administration of this Bylaw and related enactments shall be charged at an hourly rate in accordance with the Fees and Charges Bylaw. 11.29 Every owner shall pay a cost recovery amount plus administrative fee for preparation, registration, and discharge of any legal documents, including but not limited to, restrictive covenants, notice on title, encroachment agreements, and statutory rights of ways, when the District has incurred costs in the preparation or registration of these documents. 11.30 Where the Building Of?cial issues an excavation or foundation permit under Section 11.8, the owner shall deposit with the District a security in the form of cash or an irrevocable letter of credit, against the cost of site restoration that is two times the amount that may be incurred by the District, should the District need to perform the site restoration work. Security Deposits 11.31 The District will return securities collected under this Part, other than deposits against a Works and Services Agreement, less any work or repair costs incurred, after a) the ?nal inspection of the related building permit; or b) the cancellation, expiry, or revocation of the building permit, upon staff's con?rmation that the District's lands and assets have not been damaged or, if damage has occurred, that it has been fully repaired, or that the work requiring the securities amount has been satis?ed. Permit Fee Refunds 11.32 Non-refundable fees are not eligible for refund once collected regardless of cancellation or Withdrawal. District of Metchosin Building Bylaw 2024, N0. 694 Page 28 of 47 11.33 Permit fees are not eligible for refund where: a) construction under permit has begun, b) an inspection by the Building Of?cial has been made, c) the permit has expired. d) a moving permit where the permit is issued; or e) the permit has been extended under section 11.49 of this part. 11.34 A permit that has been cancelled may be refunded 50% of the eligible permit fees if the owner has cancelled the permit and the Building Official has veri?ed the construction of the building or structure has not started. Compliance with the Homeowner Protection Act 11.35 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 a) is covered by home warranty insurance; and b) the constructor is a licensed "residential builder" as de?ned in that Act. 11.36 Section 11.35 does not apply if the owner is not required to be licensed and to obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the Homeowner Protection Act. 11.37 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. Issuance of a Building Permit 11.38 If a) a completed application in compliance with this Part, including all required supporting documentation, has been submitted. b) the owner has paid all applicable fees of this Part. c) the owner or their agent has paid all charges and met all requirements imposed by any other statute or District's bylaw. d) the owner has retained all registered professionals if required under this Bylaw; and e) no covenant, agreement, resolution, or regulation of the District requires or authorizes the permit to be withheld, a Building Of?cial will issue the permit, in the form prescribed by the Building Of?cial, for which District of Metchosin Building Bylaw 2024, N0. 694 Page 29 of 47 the application is made. 11.39 Where a Building Of?cial authorizes the issuance of a building permit or plumbing permit, other staff can administratively facilitate the issuance of such permits. Conditions of a Building Permit 11.40 A building permit or an application for a building permit that is in process may not be transferred or assigned until the owner has noti?ed the Building Official in writing, the Building Of?cial has authorized the transfer or assignment in writing and the owner has paid the non- refundable fee required. The transfer or assignment of a building permit is not an extension of a building permit. 11.41 The review of plans and supporting documents and issuance of a building permit do not prevent the Building Of?cial from subsequently requiring the correction of errors in the plans and supporting documents, or from prohibiting construction or occupancy being carried on when in violation of this Bylaw or another bylaw. 11.42 A permit is deemed to have been issued as of the date it was signed by the Building Of?cial 0r Plumbing Of?cial. 11.43 A Building Of?cial may deem construction up to the last recorded accepted inspection or submitted ?eld review to be work performed under a permit. 11.44 If a permit has expired or been revoked, an owner shall apply for and obtain a new building permit prior to commencing or completing any remaining work. 11.45 If a Building Official issues a new permit pursuant to an application under section 11.44, the permit shall be subject to the requirements of this Bylaw, the current Building Code, and all other applicable bylaws and enactments as applicable. 11.46 Despite section 11.8 or 11.38, a Building Official may withhold the Building Of?cial's services pertaining to any permit related activities under this Bylaw if the owner or constructor has been noti?ed in writing by the Building Of?cial of a Violation of this Bylaw regarding the construction of another building or structure by the same owner or constructor, and the owner or constructor has not ended the Violation. Tree Protection 11.47 The owner must provide verification that tree protection measures remain in place during construction for trees that are identi?ed under the permit which require tree protection in accordance with the Tree Management Bylaw. Permit Expiration 11.48 Every permit is issued on the condition that the permit expires and the rights of the owner under the permit terminate if District of Metchosin Building Bylaw 2024, N0. 694 Page 30 of 47 a) the work authorized by the permit is not commenced within 180 days from the date of issuance of the permit; b) work is discontinued for a period of 180 days; or c) the work is not completed within two years of the date of issuance of the permit. Permit Extension 11.49 A Permit fee for work that was subject of the previous Permit, which expired will be based upon the work that remains to be completed. The Building Of?cial may extend the period set out under this section for no more than two extensions, not to exceed twelve months for each extension, 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 a) application for the extension is made at least 30 days prior to the date of permit expiration; and b) the non-refundable fee set out in the Fees and Charges Bylaw has been paid. Permit Withdrawal and Cancellation 11.50 11.51 A building permit application may be withdrawn by the owner prior to issuance on delivery of written noti?cation to the Building Of?cial. The Building Of?cial may consider an application for a permit to have been abandoned, and may cancel the application, if: a) the applicant has been noti?ed that the permit is ready for issue and the applicant has not collected the permit within 30 days of the date of the noti?cation: or b) the applicant has been requested in writing to provide information or documentation to complete the application and has not done so or replied within 60 days of the date of the request. 11.52 An issued building permit may be cancelled by the owner, on delivery of the surrendered permit, written noti?cation of the cancellation and con?rmation by the Building Official that construction has not commenced under the permit. Design Modi?cation 11.53 If an issued building permit or other permit is active and the owner proposes modi?cation to the design, or when there are changes with any of the following: a) the three-dimensional shape of the building; b) form and character of the building; c) grading on site; d) increase in residential units by layout; District of Metchosin Building Bylaw 2024, N0. 694 Page 31 of 47 6) parking count; f) siting by a legal survey; or g) service connection locations, the owner must apply for a pre--approvalof the changes and pay the District an additional review fee as set out in the Fees and Charges Bylaw. 11.54 The owner must accept the risk if the changes proposed in Section 11.53 are not approved, and the construction must carry on in accordance with the approved drawings. 11.55 If there are any associated increased building permit fees or charges stemming from the changes proposed, the owner must pay the outstanding amounts prior to requesting the ?nal inspection. Alternative Solutions 11.56 An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the Building Code or this Bylaw shall a) submit to the Building Of?cial suf?cient evidence to demonstrate that the proposed alternate solutions will provide the level of performance required by the Building Code and this Bylaw, and b) pay the applicable fee as set out in the Fees and Charges Bylaw. PART 12: ENERGY CONSERVATION AND GHG EMISSION REDUCTION 12.1 Subject to energy conservation or carbon reduction amendments to the Building Code, a) except as provided in subsection (b), a building regulated by Part 3 of the Building Code must be designed and constructed to meet or exceed the minimum performance requirements and objectives speci?ed in GHG Emissions Level 4 of the Zero Carbon Step Code. b) a wood frame building consisting of six storeys or less regulated by Part 3 of the Building Code must be designed and constructed to meet or exceed the minimum performance requirements and objectives speci?ed in GHG Emissions Level 4 of the Zero Carbon Step Code; c) a building regulated by Part 9 of the Building Code must be designed and constructed to meet or exceed the minimum performance requirements and objectives speci?ed in GHG Emissions Level 4 of the Zero Carbon Step Code. 12.2 The owner of any building subject to a requirement under sections 12.1 must do the following prior to the issuance of any occupancy permit in respect of the building: a) submit an energy compliance report of the completed building; and b) af?x one of the following home energy labels to the building in a conspicuous location, upon or near the electrical panel: District of Metchosin Building Bylaw 2024, N0. 694 Page 32 of 47 (i) an EnerGuide Rating System label. (ii) a Passive House certi?cation. (iii) a Net-zero energy buildingveri?ed by a Certi?ed Energy Advisor; or (iv) a comparable home energy label acceptable to the Building Of?cial. PART 13: PLUMBING PERMITS 13.1 Except where approved in writing by a professional Engineer acting for the District and where the works are installed in a statutory right of way in favour of the District, no plumbing, drainage, sewer, sewage system, or portion thereof, shall be located on any parcel other than the parcel that is served by such facilities. 13.2 Except as provided in subsection 13.4, a person shall not construct, extend, renew, alter, or repair a plumbing system unless a plumbing permit to do so has been obtained. A plumbing permit is deemed to be issued upon acceptance of the plumbing work on site by the Plumbing Of?cial. 13.3 A Plumbing Official may only issue a plumbing permit: a) to a licensed plumbing contractor; or b) to a homeowner who shall carry out the plumbing work themselves in a single-family dwelling owned by them as their domestic domicile,provided they have satis?ed the Plumbing Of?cial that they are competent to perform such work. 13.3 A plumbing permit is not transferable. 13.4 Notwithstanding 13.1, a plumbing permit is not required when: a) a stoppage in a drainage system is cleared. b) a leak is repaired in a water distribution system. c) a ?xture is replaced without any change to the drainage system; or d) a replacement is made to existing faucets, service water heater, valves, pipes or ?ttings in a water distribution system, or perimeter drains. 13.5 A person shall not cover any regulated plumbing work until a Plumbing Of?cial has approved the work. 13.6 Prior to calling for a plumbing inspection, the owner or licensed plumbing contractor may be required to submit to a Plumbing Of?cial an isometric drawing overlayed on the ?oor plan showing before the inspection: a) the location and size of every building drain, including every trap and cleanout ?tting on the drain. b) the size and location of every soil-or--wastepipe, trap, and vent pipe; and c) a layout of the potable water distribution system, including pipe sizes and valves. District of Metchosin Building Bylaw 2024, No. 694 Page 33 of 47 13.7 13.8 13.9 13.10 13.11 13.12 Prior to the ?nal inspection the owner shall ensure that: a) all ?xtures and equipment have been installed and ready for use. b) if a ?xture has been roughed--infor future use, the outlet has been sealed with an approved plug or cap; and c) all drains and vents have been completed and the system has been ?lled with water or pressurized air up to the roof or to the highest point of connection to an existing vent. If a Plumbing Of?cial does not approve any part of the system after it has been inspected or tested, the owner shall. a) make any alteration or replacement that is necessary, and b) request inspection of the corrected work. The owner shall ensure that all connections to potable water systems are designed in compliance with requirements for cross connection contamination meeting Capital Regional District's standards. Every owner shall ensure that ?xtures discharging sewage that includes fats, oils, grease, or grit located in public kitchens, restaurants or any other applicable occupancy are equipped with the appropriate trap or interceptor in accordance with Part 7 of the Building Code. A Plumbing Of?cial may authorize work to be covered or concealed without an inspection, subsequent to a request for inspection, provided that. a) the request for inspection includes certi?cation that the work has been performed in compliance with the BC Plumbing Code and any other applicable standard, and b) the certi?cation is provided by a licensed plumbing contractor who obtainedthe permit and has overseen the work. A Plumbing Of?cial may request a veri?cation of a licensed plumbing contractor's work by another licensed plumbing contractor, and the owner will be responsible forthe cost ofthe additional inspection. PART 14: INSPECTIONS 14.1 14.2 If a registered professional provides letters of assurance in accordance with this Bylaw, the District will rely solely on ?eld reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this Bylaw and the Building Code as assurance that the construction substantially conforms to the design, plans and speci?cations and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety. Despite section 14.1 and 14.4 of this Part, a Building Of?cial may attend the site from time to time during construction of a complex building to check for compliance with this Bylaw. District of Metchosin Building Bylaw 2024, N0. 694 Page 34 of 47 14.3 14.4 14.5 A Building Of?cial may attend periodically at the site of the construction of standard buildings or structures to ascertain whether the health and safety aspects of the work is being carried out in substantial conformance with the Building Code, this Bylaw and any other applicable enactments concerning safety. The owner or constructor must schedule a monitor check with a Building Of?cial to verify that ?eld reviews are being conducted by the registered professional at the following stages of construction of a complex building: a) b) C) d) upon completion of footing and foundation forms before concrete is poured; prior to back?lling of on-site services, including damp-proo?ng and foundation insulation, and if applicable, water line and storm sanitary sewer connections; upon completion of below slabplumbing, above slabplumbing, waterlines, p-traps and sprinkler system; upon completion of framing; upon completion of ?re stopping, ?re blocking, and ?re separations; and upon completion of installation of insulation and vapour barrier. For all work in respect of standard buildings the owner must give at least 24 hours notice to the District when requesting an inspection and must obtain an inspection and receive a Building Of?cial's written acceptance of the following aspects of the work prior to concealing them: a) b) C) d) e) f) g) h) j) k) 1) after demolition,the grading of and removal of debris from the site. excavation, within 24 hours of the start of excavation. foundation and footing forms, before concrete is poured. prior to inspection under paragraph (6), plumbing located below the ?nished slab level. the preparation of ground, including ground cover when required, perimeter insulation on inside of concrete foundation walls and reinforcing steel. after inspection under paragraph (e) hydronic heating pipes and below slab insulation. installation of rough-in plumbing before it is covered. installation of building services before being covered. rough in of factory-built chimneys and ?replaces and solid ?rel burning appliances. framing, sheathing, ?re stopping (including drywall in ?re separations), bracing, chimney and ductwork, rough Wiring, rough plumbing, rough heating, gas venting, exterior doors and windows, but prior to the installation of insulation, interior ?nishes, sheathing paper or exterior ?nishes which would conceal such work. insulation and vapour barrier. mid construction blower door test to verify Energy Step Code target. District of Metchosin Building Bylaw 2024, N0. 694 Page 35 of 47 m) construction of an exterior deck if the deck serves as a roof. n) on-site constructed tubs or showers and tub or shower trap tests. 0) the installation of wall sheathing membrane, externally applied vapour or air barrier, stucco wire or lath, and ?ashings, but prior to the installation of exterior ?nishes which could conceal such work; and p) the health and safety aspects of the work, energy 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. 14.6 A Building Of?cial will only carry out an inspection under section 14.5 if the owner or the constructor has requested the inspection in accordance with this Bylaw. 14.7 Despite the requirement for the Building Of?cial's acceptance of the work outlined in section 14.5, if a registered professional provides letters of assurance, the District will rely solely on ?eld reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this Bylaw as assurance that the aspects of the construction referenced by those letters of assurance substantially conform to the design, plans and speci?cations and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety. 14.8 No person may conceal any aspect of the work referred to in section 14.5 of this Bylaw until a Building Of?cial has accepted it in writing. 14.9 For work in respect of complex buildings, the owner must a) request a pre-construction meeting at least 3 working days in advance with the Building Of?cial prior to the start of construction, and the owner or their representative must ensure that the coordinating registered professional, the constructor, registered professionals, where applicable the Certi?ed Professional, as well as representatives of major trades, are in attendance; b) request a pre-occupancy meeting at least 3 working days in advance coordinated by the coordinating registered professional or Certi?ed Professional, with the owner, the constructor and the registered professionals for a demonstration to the Building Of?cial and other District's staff of compliance with the health and safety aspects of the work, the coordination and integration of the ?re and life safety system, applicable District requirements and other enactments respecting safety, energy conservation, GHG emission and accessibility aspects of the work; and c) engage the coordinating registered professional or Certi?ed Professional, at least 48 hours prior to the pre-occupancy coordinated site review, to deliver to the Building Official the Con?rmation of Required Documentation in a form prescribed by the Building Official, complete with all documentation in hard copies and in digital format, and the record drawings in digital format. 14.10 Prior to scheduling one of the following inspections of a standard building, the owner shall submit to the Building Of?cial the following documents, as applicable, for review by the Building Of?cial pursuant to the inspection: District of Metchosin Building Bylaw 2024, N0. 694 Page 36 of 47 a) Forms/Foundation: i. Building Location Certi?cate provided by a British Columbia Land Surveyor with elevation for top of concrete for Flood Construction Level (FCL) calculation. ii. Geotechnical Engineer's ?eld review for soil bearing. iii. Structural Engineer's ?eld review for footings. iv. Structural Engineer's ?eld review for foundation walls. b) Prior to back?lling: i Geotechnical Engineer's ?eld review for rock pit; ii Geotechnical Engineer's ?eld review for site drainage. c) Framing/Sheathing: i Structural Engineer's ?eld reviews. ii Sealed joist and beam layout. iii Sealed roof truss layout and sealed truss speci?cations. iv Fire Suppression Engineer's ?eld review. v Gas and electrical rough--incerti?cates. d) Final Inspection: i Coordinating Registered Professional Schedule C-A. ii All registered professional's Schedule C--B. iii Third party ?eld report with Schedule B and Schedule C-B for unvented roof spaces. iv Spray foam certi?cation. v Sealed drawings with Schedule B and Schedule C--Bfor manufactured guards. vi Third party veri?cation report for energy modelling. vii Mechanical ventilation checklist for all dwellings. viii Decking membrane certi?cation. ix copy of electrical and gas permits and notice of completion from Technical Safety BC. x ?eld reviews and assurance statement for retaining walls. xi a drawing showing the location of sewer and water services from the District service connection to the point of entry at the building, triangulated against landmarks or permanent structures; and e) any other documents as required by the Building Of?cial. Re--Inspectionand Other Fees 14.11 In addition to the fees required under other provisions of this Bylaw, the owner must pay the non- refundable fee set out in the Fees and Charges Bylaw for a) a third and each subsequent re-inspection where it has been determined by the Building Of?cial that due to non-compliance with the provisions of this Bylaw or due to non-complying work, more than two site visits are required for any required inspection; and b) inspection required under this Bylaw which cannot be carried out during the District's normal business hours. District of Metchosin Building Bylaw 2024, N0. 694 Page 37 of 47 PART 15: PARTIAL CONSTRUCTION 15.1 15.2 15.3 15.4 If a site has been only excavated under a building permit for excavation issued under this Bylaw, and a building permit is not subsequently issued for the next phase, or a building permit has expired under section 11.48 and without the construction of a building or structure for which the building permit was issued having commenced, the owner must ?ll in the excavation to restore the original gradients of the site within 60 days of being served notice by the District to do so. If a building permit has expired and partial construction has progressed, with no extension requested of the Building Of?cial under section 11.49, permanent type fencing with privacy screen complying with the Zoning Bylaw, must be erected around the building site for protection to the public. Any construction that has accepted ?eld reviews, or if the Building Of?cial has accepted the work upon an inspection, is deemed to be valid up to that stage of construction, for consideration of subsequent building permits to ?nish the project. The building of?cial may request a re-veri?cation of installation soundness of the completed work under Section 15.3 upon the re-start of the project under new permits. PART 16: SANITARY FACILITIES DURING CONSTRUCTION 16.1 16.2 16.3 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, which facilities must be accessible and unlocked when not occupied while work is being carried out on the parcel under this Bylaw. Every sanitary facility referred to in Section 16.1 that is not connected to a sanitary sewer; or by plumbing that complies with the Building Code and this Bylaw, must: a) be provided at all times with toilet paper, a locking door for privacy, and ventilation;and b) be kept in sanitary condition without leaking beyond the facility and without over?owing within the facility. Such facilities must be located so as not to create a nuisance to neighbouring parcels or highways. PART 17: SITE GRADING AND DRAINAGE 17.1 The owner of a lot on which a building or structure is being constructed shall control the site drainage such that other lots are not impacted and shall ensure that: a) each lot is graded to drain into a municipal drainage system or a natural watercourse without draining onto adjacent lots; b) areas adjacent to buildings are graded away from the foundations to prevent ?ooding; c) A lot lower than adjacent roadways is provided with storm water management facilities to direct storm runoff to a drainage system approved by the Building Of?cial or by the person District of Metchosin Building Bylaw2024, N0. 694 Page 38 of 47 designated by the Municipal Engineer; and d) in the case of storm runoff not directed to a municipal drainage system, storm runoff occurs to a natural watercourse by means of sheet ?ow only, and not by means of swales or pipes or other arti?cial means. PART 18: OCCUPANCY 18.1 18.2 18.3 18.4 18.5 A building of?cial may authorize the occupancy of a building or structure or part of a building or structure by issuing a ?nal inspection notice. For a complex building, a Building Of?cial will require the owner and their coordinating registered professional to attend a pre-occupancy meeting prior to arranging the occupancy demonstration. A Building Of?cial may request the owner to re--verifythe cost of construction prior to requesting the pre-occupancy meeting. For all buildings, a ?nal inspection notice will not be issued unless: a) all letters of assurance have been submitted when required in accordance with this Bylaw. b) all aspects of the work requiring inspection and acceptance pursuant to Part 14of this Bylaw have both been inspected and accepted or the inspections and acceptance are not required in accordance with this Bylaw. c) the owner has provided a building survey prepared by a British Columbia Land Surveyor showing the building height, size, location, and elevation determined in accordance with the District's Zoning Bylaw. d) the owner has executed and delivered to the District every agreement, instrument or form, including landscape schedules, required by the District in relation to the work or the site. e) all outstanding fees, penalties and charges are paid in full. f) all required offsite works respecting safety have been completed; and g) record drawings from all disciplines of the building or structure in digital format has been received by staff, including a record drawing showing the installation of potable water service, sanitary sewer service and storm drain service installations and indicating back?ll and bedding materials for service trench, sizes and types of material and all ?ttings and references for cleanouts triangulated to substantially permanent landmarks such as building foundations and hydro kiosks. 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 ?nal inspection notice authorizing occupancy as assurance that the items identi?ed on the letters of assurance substantially comply with the design, the Building Code, this Bylaw and other applicable enactments respecting safety. District of Metchosin Building Bylaw 2024, N0. 694 Page 39 of 47 18.6 18.7 18.8 18.9 18.10 A Building Of?cial may issue a ?nal inspection notice for occupancy of a portion of a building or structure under construction when: a) that 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 energy conservation; and b) the requirements set out in section 18.4 have been met. A Building Of?cial may issue an approval for a building shell upon completion of the construction on condition that a person shall not occupy the building or portions of the building until a) a subsequent building permit has been obtained, and b) a separate ?nal inspection notice has been issued for the occupancy of the ?nished space. A Building Of?cial may issue an approval for the occupancy of a residential complex building where the interior ?nishing of some units is not completed, subject to: a) the scope of the partial occupancy is clearly presented in the ?nal inspection notice. b) the building meets requirements set out in Section 18.4. c) subsequent building permits are obtained for the un?nished units; and d) the un?nished units are less than 10% of the total number of units in the building. Without limiting requirements in this Part, an occupancy permit is not issued in full unless: a) the ?nished grade complies with all applicable enactments. b) all landscaping and paving work are completed and accepted; and c) all ?oor areas have been issued their ?nal inspection notices. The owner will not obtain any refunds of securities or deposits until an occupancy permit is issued. PART 19: TEMPORARY BUILDINGS 19.1 19.2 Subject to the bylaws of the District and orders of Council, a Building Of?cial may issue a building permit for the erection or placement of a temporary building for occupancy if a) the permit is for a period as speci?ed on the permit; and b) the temporary building is located in compliance with the District's Zoning Bylaw, built in compliance with the Building Code and this Bylaw, and connected, as required by enactments, to District utility services. An application for a building permit for the erection or placement of a temporary building must include, in addition to plans and documents required in other Parts of this Bylaw: District of Metchosin Building Bylaw 2024, N0. 694 Page 40 of 47 a) a statement by the owner indicating the intended use and duration of the use; b) plans and supporting documents showing the proposed parking and loading space, if required; c) a written description of the project explaining why the building is temporary. d) a copy of an issued development permit, if required. e) in the case of a manufactured building, a CSA label in respect of manufacture and, without limitation, a Quonsetor other steel building must be certi?ed in accordance with CSA Standard A660. f) security in the form of cash or a letter of credit for 100% of the value of the removal of temporary building, which security i. may be used by the District to remove the building after the expiry of the permit for the temporary building; or ii. must be returned to the owner ifthe owner removes the temporary building upon expiry of the permit for the temporary building. 19.3 Before receiving a permit for a temporary building for occupancy, the owner must pay to the District the applicable fees and charges set out in Fees and Charges Bylaw. 19.4 A permit fee for a temporary building is not refundable. PART 20: RETAINING WALLS 20.1 A professional engineer with expertise in geotechnical engineering shall provide the design and supervise the construction of a retaining wall that requires a permit under Section 6.1, meeting good engineering practice and applicable design guidelines, and submit sealed copies of the design plan and ?eld review reports to a Building Of?cial prior to acceptance of the work. 20.2 Upon completion of the work, the engineer must provide an assurance statement indicating the retaining wall has been constructed in compliance with the design. PART 21: BUILDING RELOCATION 21.1 No person may relocate a building or structure into or within the District: a) except where certi?ed by a professional engineer that the building or structure, speci?cally its foundation and snow load, will comply with the current Building Code; b) a building permit has been issued for the building or structure previously by the District; and c) the building or structure complies with the Zoning Bylaw and other applicable bylaws and enactments. 21.2 The owner shall provide security in the form of a certi?ed cheque or an irrevocable letter of credit in the amount as speci?ed within Fees and Charges Bylaw to guarantee the completion of the work District of Metchosin Building Bylaw 2024, N0. 694 Page 41 of 47 21.3 21.4 without damages to public works when moving a building to or from the District. The building shall comply in all aspects with the requirements of this Bylaw, including the Building Code and Plumbing Code. If the building to be moved is a dwelling, the assessed value thereof shall not be less than 1% times the average assessed value of the closest ten (10) dwellings to the property to which it is to be moved. PART 22: NUMBERING OF BUILDINGS 22.1. 22.2 22.3 The District's Chief Administrative Of?cer or delegate may renumber or alter the assigned numbers in respect of any building on any parcel, including those already in existence or numbered. Without limiting sections 22.1, the Building Of?cial may, on the issuance of a building permit, provide a house number or set of house numbers related to the building authorized by the permit. Without limiting sections 22.1 through 22.2, on issuance of an approval to occupy, the owner or occupier of the parcel must af?x the numbers permanently in a conspicuous place on the building such that the number is visible from an adjacent highway that is not a lane. In the event the numbers are not visible from a highway, re?ective numbers must be erected at the driveway access point. PART 23: POOLS Swimming Pool Permit and Fencing 23.1 Without limiting section 6.1 of this Bylaw, a person must not construct, or structurally repair, a pool without a valid permit. 23.2 A 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 1.5 metres and no openings greater than 100 mm at their greatest dimension, or have a lockable lid conforming to Section 23.4. Pool Gate 23.3 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. Spa or Hot Tub Lid 23.4 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. District of Metchosin Building Bylaw 2024, No. 694 Page 42 of 47 Maintenance 23.5 A person may not use or occupy a 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 section 23.2 to 23.4 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 binder members. Leaks or Other Failures 23.6 A person may not obtain a permit for or use or occupy a pool without ?rst providing to the Building Of?cial at the 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, or if the pool is over 0.6m deep in excavation, a registered professional to ensure the excavation is safe from collapse of the soil. PART 24: BUILDING OFF ICIAL'S NOTICES 24.1 A Building Of?cial 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 notice 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. 24.2 The coordinating registered professional may request, in writing, that the Building Of?cial order the immediate suspension or correction of all or a portion of the construction on a complex building by attaching a Stop Work notice on the premises. The Building Of?cial must consider such a request and, if not acted upon, must respond, in writing, to the coordinating registered professional and give reasons. 24.3 The owner must immediately, after the posting of a notice under section 24.1, 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. 24.4 An owner may not carry out any work other than the required remedial measures on the affected by the notice referred to in section 24.1 until the Stop Work notice has been rescinded by the Building Of?cial. 24.5 The Stop Work notice referred to in Section 24.1 must remain posted on the premises until that which is contrary to the enactments has been remedied. 24.6 If a person occupies a building, structure, or part of a building or structure, prior to the issuance of a ?nal inspection notice or occupancy permit authorizing the occupancy, a Building Of?cial may post a Do Not Occupy notice on the affected part of the building or structure. 24.7 If a Building Of?cial deems a building or structure to be structurally unsafe and may endanger the safety of its occupants or surrounding occupants, a Building Of?cial may post an Unsafe to District of Metchosin Building Bylaw 2024, N0. 694 Page 43 of 47 24.8 24.9 24.10 Occupy notice on the building or structure, and may order the owner to take steps necessary to secure the site. The owner of a property on which a Do Not Occupy notice or an Unsafe to Occupy notice has been posted, and every other person, shall cease occupancy of the building or structure immediately and shall refrain from further occupancy until all applicable provisions of this Bylaw, the Building Code and any other applicable bylaw have been substantially complied with, and the Do Not Occupy notice or Unsafe to Occupy notice has been rescinded in writing by a Building Of?cial. Where the owner has been issued a Work Without Permit notice, the owner shall make a building permit application within seven (7) days of the notice being posted and shall pay the additional penalty in accordance with this Bylaw. A Building Of?cial may order removal of unpermitted work where there is a Work Without Permit notice issued if: a) the owner fails to make a building permit application under Part 11; or b) if the work constructed does not meet the requirements of this Bylaw, the Building Code, or any other applicable bylaws. PART 25: OF FENCES 25.1 Every person who a) violates a provision of this bylaw; b) permits, suffers or allows any act to be done in violation of any provision of this bylaw; or c) neglects or fails to do anything required to be done under any provision of this bylaw, commits an offence and is liable to pay a ?ne to a maximum of $50,000.00, or a term of imprisonment not exceeding three months, or both, in addition to the costs of prosecution. Each day during which a violation, contravention or breach of this bylaw continues is deemed to be a separate offence. Ticketing 25.2 Without limiting enforcement options of the District, a ticket for an offense under this Bylaw may be used under the Ticket Information Authorization (MTI) Bylaw and the ?ne established under that Bylaw is applicable to the offence. Additional Fees 25.3 A person must pay an additional fee as established in the Fees and Charges Bylaw for every permit application if construction commenced before the Building Of?cial issued a permit. 25.4 If a Stop Work notice is issued and the owner or constructor violates the Stop Work notice, the owner or constructor must pay an additional fee as outlined in the Fees & Charges Bylaw. District of Metchosin Building Bylaw2024, No. 694 Page 44 of 47 Deemed Offence 25.5 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. 25.6 No person is deemed liable under Section 25.5 who establishes, on a balance of probabilities, that the construction or change of use or occupancy occurred before they became the owner of the parcel. 25.7 Nothing in section 25.5 affects a) the District's right to require and the owner's obligation to obtain a permit; and b) the obligation of the owner to comply with this Bylaw. PART 26: SEVERABILITY 26.1 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. PART 27: APPENDICES 27.1 Appendices A, B and C are attached to and form part of this Bylaw. PART 28: REPEAL 28.1 The Building Bylaw N0. 44, 1987 and all amendments thereto, are repealed. Read a ?rst time this 28th day of October 2024. Read a second time this 28th day of October 2024. Read a third time this 28th day of October 2024. ADOPTED BY COUNCIL this 4th day of November 2024. Mayor 0 ate Of?cer District of Metchosin Building Bylaw 2024, N0. 694 Page 45 of 47 APPENDIX A Owner's Acknowledgement of Responsibility l. I acknowledge that ifI am granted a building permit pursuant to this application that I am responsible for compliance with the current edition of the British Columbia Building Code, this Bylaw and any other applicable enactment, code regulation or standard relating to the work in respect of which the permit is issued, whether or not the said work is undertaken by me or by those whom I may retain or employ to provide design and/or construction services. 2. I acknowledge that neither the issuance of a permit under this Bylaw, the acceptance nor review of plans, speci?cations, drawings or supporting documents, nor inspections made by or on behalf of the District of Metchosin ("the District") constitute a representation, warranty, assurance or statement that the current edition of the British Columbia Building Code, the Building Bylaw of the District or any other applicable enactment, code, regulation or standard has been complied with. 3. Where the District requires that Letters of Assurance be provided by a Registered Professional, I con?rm that I have been advised in writing by the District that it relied exclusively on the Letter of Assurance of the "Professional Design and Commitment for Field Review" prepared by: in reviewing the plans, drawings speci?cations and supporting documents submitted for a building permit. 4. I con?rm that I have relied only on the said Registered Professional for the adequacy of plans, drawings, speci?cations and supporting documents submitted with this application. 5. I understand that I should seek independent legal advice in respect of the responsibilities I am assuming upon the granting of a building permit by the District. Signed this day of , 20 Owner's/Agent's Signature: Witnessed by: Signature of Witness: Occupation: NOTE: If signed by an Agent, letter of Authorization from the owner must be provided with the Building Permit Application. District of Metchosin Building Bylaw 2024, N0. 694 Page 46 of 47 APPENDIX B Owner's Letter of Authorization To whom it may concern: Property Address: Legal Description: I am the owner, as de?ned in the current "Building Bylaw," of the above referenced property and hereby authorize: Representative/Contact: [Print] Tel. No.: Cell No.: Fax No.: Email: [Please check where applicable]: To represent me in an application for: Building Permit Application (If Registered Professional is involved, also use Appendix C, Owner's Undertaking) Demolition Permit Application Subtrade Permit To obtain copies of: Building Permit Plans (Archive Copies) Owner's Information: (Print) Name: Address: Tel. No.: Cell No.: Fax No.: E-mail: Date: Signature: District of Metchosin Building Bylaw 2024, N0. 694 Page 47 of 47 APPENDIX C Owner's Undertaking Property Address: Legal Description: Building Permit #: 1. This undertaking is given by the undersigned, as the owner of the property described above, with the intention that it be binding on the owner and that the District of Metchosin ("the District") will rely on same. 2. I con?rm that I have applied for a building permit pursuant to "District of Metchosin Building Bylaw 2024, ' No.694, (the "Bylaw") and that I have carefully reviewed and fully understand all of the provisions of the Bylaw and in particular, understand, acknowledge and accept the provisions describing the purpose of the Bylaw, the conditions under which permits are issued, the disclaimer of warranty or representation and the limited extent of the scope of the Bylaw and inspections thereunder. 3. Without in any way limiting the foregoing, I acknowledge fully that it is my responsibility to ensure compliance with the Building Code and the Bylaw whether any work to be performed pursuant to the permit applied for is done by me, a contractor or a registered professional. 4. I am not in any way relying on the District or its building of?cials, as de?ned under the Bylaw, to protect the owner or any other persons as set out in Part 3 of the Bylaw, and I will not make any claim alleging any such responsibility or liability on the part of the District or its building of?cials. 5. I hereby agree to indemnify, defend and save harmless the District and its employees, of?cials, agents and servants from all claims, liability, judgments, costs and expenses of every kind which may result from any acts, omissions or negligence arising from issuance of any permits or approvals or from any failure to comply fully with all bylaws, statutes and regulations relating to any work or undertaking in respect of which this application is made. 6. I am authorized to give these representations, warranties, assurance and indenmities to the District. Owner's Information: Name: Address: Tel. No.: Cell No.: Fax No.: Email: This undertaking is executed by the owner this day of , 20