Bylaw No. 1924 - Building Bylaw — full text, Smithers, British Columbia

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Sinither BYLAW No. 1924 Building Bylaw A Bylaw for the Administration of the British Columbia Building Code and Regulation of Construction in the Town of Smithers. {00772178; 2} {00772178; 2 }2 Contents Part 1: TITLE 6 Citation 6 Part 2: PURPOSE OF BYLAW 6 Part 3: SCOPE AND EXEMPTIONS ? Application 7 Limited Application to Existing Buildings 8 Part 4: PROHIBITIONS 9 Part 5: PERMIT CONDITIONS 10 Part 6: POWERS OF A BUILDING OFFICIAL 11 Administration 11 Refusal and Revocation of Permits 11 Right of Entry 12 Part 7: OWNER'S RESPONSIBILITIES 13 Permit Requirements 13 Owner's Obligations 13 Damage to Municipal Works 14 Demolition 14 Notice 15 Part 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR 16 Part 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES 16 Professional Design and Field Review 16 Requirement for a Registered Professional 16 Professional Plan Certification 17 Part 10: BUILDING APPLICATION requirements 18 Requirements Before Applying for a Building Permit.. 18 Building Permit Applications for Complex Buildings 19 Building Permit Applications for Simple Buildings 22 Site and Location Information 25 Building Permit Fees 26 Valuation for Permits 26 {00772178; 2 }3 Security Deposit with Building Permit Application 27 Permit Fee Refunds 28 Design Modification 28 Construction Before Permit Issued 28 Expiration of Application for a Permit.. 29 Issuance of a Building Permit.. 29 Compliance with the Homeowner Protection Act 29 Partial Construction : 30 Conditions of a Building Permit. 30 Inspections 30 Stop Work Order 33 Do Not Occupy Notice 33 Unsafe Conditions 34 Inspection and Other Fees 34 o,...,..,l'"V"I,;"- C,,111"'\;.,.,.,,,+.;,.u-.,, "l< I c:;11 I IIL LAt-'11 OLIUI I ---------------------------------------------------------------------------------------------------------------------.J_,, Permit Extension 35 Building Permit Cancellation 35 Occupancy 36 Temporary Buildings 37 Sanitary Facilities 38 Part 11: RETAINING WALLS AND GRADES 39 Part 12: BUILDING MOVE 39 Part 13: NUMBERING OF BUILDINGS 39 Part 14: POOLS 40 Swimming Pool Permit and Fencing .40 Pool Gate 40 Spa or Hot Tub Lid 40 Maintenance 41 Leaks or Other Failures 41 Part 15: ACCESS ROUTE FOR FIRE VEHICLE .41 Part 16: OFFENCES 41 {00772178; 2 }4 Violations 41 Deemed Offence 42 Ticketing 42 Part 17: INTERPRETATION .43 Definitions 43 Appendices 47 Part 18: REPEAL 47 Part 19: IN FORCE 48 Appendix A-APPLICATION .49 Appendix B - INSPECTION LETTER. 50 Appendix C - CLIMATIC DATA 51 Appendix D - LETTER OF AUTHORIZATION 52 Appendix E - OWNERS UNDERTAKING 53 Appendix F - CONFIRMATION OF PROFESSIONAL LIABILITY INSURANCE 56 Appendix G- CONFIRMATION OF REQUIRED DOCUMENTATION 58 Appendix H - OFFENCES 61 Appendix I - STOP WORK ORDER 62 Appendix J - DO NOT OCCUPY 63 {00772178; 2 }5 Town of Smithers BYLAW NO. 1924 - BUILDING A Bylaw for Administration of the Building Code and Regulation of Construction GIVEN that the Town Council A. may by bylaw regulate, prohibit, and impose requirements in respect to buildings and structures under sections 8(3)(g) and (I) of the Community Charter for the following under section 53(2): I. the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities; 11. the conservation of energy or water; Ill. the reduction of greenhouse gas emissions; IV. 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 Smithers in accordance with the Community Charter and the Building Act; C. has employed trained building officials for the purposes of this bylaw; NOW THEREFORE the Council of the Town of Smithers enacts as follows: PART 1: TITLE Citation 1.1 This bylaw may be cited as "Bylaw No. 1924 - Building". PART 2: PURPOSE OF BYLAW 2.1 Despite any other provision In this bylaw, this bylaw must be interpreted in accordance with this Part. 2.2 Every permit issued under this bylaw is issued expressly subject to the provisions of this part. 2.3 This bylaw is enacted to regulate, prohibit, and impose requirements in regard to construction in the Town in the public interest. {00772178; 2 }6 2.4 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 Town or any building official of any responsibility for ensuring the compliance by any owner, his or her or 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; c) providing any person, a warranty of design or workmanship with respect to any building or structure for which a building permit or occupancy permit is issued under this bylaw; d) providing any person, a warranty or assurance that construction undertaken under building permits issued by the Town is free from latent, or any, defects; or e) the protection of adjacent real property from incidental damage or nuisance. PART 3: SCOPE AND EXEMPTIONS Application 3.1 This bylaw applies to the geographical area of the Town and to land, the surface of water, air space, buildings, or structures in the Town. 3.2 This bylaw applies to the design, construction or occupancy of new buildings or structures, and the alteration, reconstruction, demolition, removal, relocation or occupancy or change of use or occupancy of existing buildings and structures. 3.3 This bylaw does not apply to a) except as set out in Part 11 [Retaining Walls] of this bylaw, a fence; b) an accessory building with a floor area of less than 10 square metres: c) a trellis, an arbour, a wall supporting soil that is less than 1.2 metres in height, or other similar landscape structures on a parcel zoned for single-family residential occupancy uses under the Town's zoning bylaw; d) a building or structure commonly known as "Canadian Standards Association Z240 MH series, Z241 series or A277 series", except as regulated by the Building Code. This exemption does not extend to on site preparations (foundations, mountings), connection to services and installation of appliances; {00772178; 2 }7 e) Repair and maintenance of lawfully conforming structures where the level of life safety and building performance shall not be decreased below a level that already exists; f) Existing masonry chimneys; g) Sizing of ducting for HVAC systems; h) Hydronic heating systems; i) Decks that are less than 600mm above average grade and not attached to the main structure and have no walls or roofs; j) Polyethylene covered greenhouses; k) The replacement or repair of existing plumbing fixtures as long as venting and drainage systems remain unchanged, I) Roofing; m) The replacement of doors and windows as long as there is no change to the building structure; n) Temporary fabric parking or storage structures designed to store 2 or less vehicles; o) Site and factory-built wood heating installations will require the owner to provide a written inspection report by a WETT certified professional. The Building Official will use this documentation as assurance of Code compliance. Limited Application to Existing Buildings 3.4 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. 3.5 This bylaw applies if the whole or any part of an existing building is moved either within or into the Town, including relocation relative to parcel lines created by subdivision or consolidation. Part 12 applies to building moves. 3.6 If an alteration is made to an existing building the alteration must comply with this bylaw and the Building Code and the entire building must be made to comply with this bylaw and the Building Code, but only to the extent necessary to addresses {00772178; 2 }8 any new infractions introduced in the remainder of the building as a result of the alteration. 3.7 If an alteration creates an addition to an existing building, the alteration or addition must comply with this bylaw and the Building Code and the entire building must be made to comply with this bylaw and the Building Code, but only to the extent necessary to address any new infractions introduced in the remainder of the building as a result of the alteration or addition. PART 4: PROHIBITIONS 4.1 A person must not commence or continue any construction, alteration, excavation, reconstruction, demolition, removal, relocation 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 and this bylaw; and b) unless a building official has issued a valid and subsisting permit for the work under this bylaw. 4.2 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 final inspection notice has been issued by a building official 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 official. 4.3 A person must not knowingly submit false or misleading information to a building official in relation to any permit application or construction undertaken pursuant to this bylaw. 4.4 Except in accordance with this bylaw, including acceptance of revised plans or supporting documents, a person must not erase, alter or modify plans and supporting documents after the same have been reviewed by the building official, or plans and supporting documents which have been filed for reference with the building official after a permit has been issued. 4.5 A person must not, unless authorized in writing by a building official, reverse, alter, deface, cover, remove or in any way tamper with any notice, permit or certificate posted or affixed to a building or structure pursuant to this bylaw. {00772178; 2 }9 4.6 A person must not do any work that is substantially at variance with the accepted design or plans of a building, structure, or other works for which a permit has been issued, unless that variance has been authorized in writing by a building official. 4.7 A person must not interfere with or obstruct the entry of a building official or other authorized official of the Town on property in the administration of this bylaw. 4.8 A person must not construct on a parcel unless the civic address is conspicuously posted on the front of the premises or on a signpost so it may be easily read from the public highway from which it takes its address. 4.9 A person must not contravene an administrative requirement of a building official made under section 6.6 or any other provision of this bylaw. 4.10 A person must not change the use, occupancy or both of a building or structure or a part of a building or structure without first applying for and obtaining a building permit under this bylaw. PART 5: PERMIT CONDITIONS 5.1 A permit is required if work regulated under this bylaw is to be undertaken. 5.2 Neither the issuance of a permit under this bylaw, nor the acceptance or review of plans, drawings, specifications or supporting documents, nor any inspections made by or on behalf of the Town 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 zoning have been complied with; or c) constitute a representation or warranty that the building or structure meets any standard of materials or workmanship. 5.3 No person shall rely on any permit as establishing compliance with this bylaw or assume or conclude that this bylaw has been administered or enforced according to its terms. 5.4 Without limiting section 5.2(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 the work in respect of which the permit was issued in compliance with the {00772178; 2} 10 Building Code, this bylaw and all other applicable codes, standards, and enactments. PART 6: POWERS OF A BUILDING OFFICIAL Administration 6.1 Words defining the authority of a building official are be construed as internal administrative powers and not as creating a duty. 6.2 A building official may a) administer this bylaw, but owes no public 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 papers and documents connected with the administration of this bylaw; c) 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; and d) direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundations be carried out, or that sufficient evidence or proof be submitted by the owner, at the owner's sole expense, where such evidence or proof is necessary to determine whether the material, equipment, device, construction, or foundation condition complies with this bylaw and the Building Code. Refusal and Revocation of Permits 6.3 A building official may refuse to issue a permit if the proposed work will contravene the requirements of the Building Code or the provisions of this or any other bylaw of the Town. 6.4 A building official may revoke a permit if, in their opinion, the results of tests on materials, devices, construction methods, structural assemblies or foundation conditions contravene the Building Code or the provisions of this bylaw, or both, or if all permits required under this bylaw have not been obtained. 6.5 A building official may revoke a permit if, in their opinion, (a) a condition under which the permit was issued is not fulfilled; (b) the permit was issued in error; {00772178; 2} 11 (c) the permit was issued based on false or incorrect information; and the building official may deliver such permit revocation by mail to the owner. Right of Entry 6.6 Subject to section 16 of the Community Charter, a building official may enter on property at any time to ascertain whether the requirements of this bylaw are being met. Powers 6. 7 Subject to applicable enactments, a building official may by notice in writing require a) a person who contravenes any provision of this bylaw to comply with that provision within the time ordered; b) an owner to stop work on a building or structure, or any part of a building or structure, if the work is proceeding in contravention of this bylaw, the Building Code, or any other enactment of the Town or other applicable enactments, or if there is deemed to be an unsafe condition, and may enter on property to affix or post a stop work order in the form prescribed by the building official; c) 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; d) 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; e) an owner to have work inspected by a building official prior to covering; f) an owner to uncover any work that has been covered without inspection contrary to this bylaw or an order issued by a building official; g) a person to cease any occupancy in contravention of a provision of this bylaw; h) a person to cease any occupancy if any unsafe condition exists because of work being undertaken but not complete and where the building official has not issued a final inspection notice for the work; i) an owner to correct any unsafe condition; and j) an owner to correct any work that contravenes this bylaw, the Building Code, or any other enactment. {00772178; 2} 12 6.8 Every reference to "owner' in section 6.7 includes a reference to the owner's agent or constructor. 6.9 Every person served with a notice under this Part must comply with that notice a) within the time ordered, or b) if no time is ordered, immediately. PART 7: OWNER'S RESPONSIBILITIES Permit Requirements 7.1 Subject to Part 10 of this bylaw, every owner must apply for and obtain a permit, prior to a) constructing, repamnq, or altering a building or structure, including a pool or retaining wall more than 1.2m in height; b) moving a building or structure into or within the Town; c) demolishing a building or structure; d) occupying a new building or structure; e) constructing a masonry fireplace or installing a wood-burning appliance or chimney, whether attached to, part of or detached from a building. f) changing the use or occupancy of a building, unless the works are the subject of another valid and subsisting building permit. 7.2 Every owner must ensure that plans submitted with a permit application bear the name, phone number, address, and email address of the designer of the building or structure. Owner's Obligations 7.3 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 that all permits, all plans, and specifications and supporting documents on which a permit was based, all municipal inspection certificates, and all professional field reviews are available at the site of the work for inspection during working {00772178; 2} 13 hours by the building official, and that all permits are posted conspicuously on the site during the entire execution of the work; and c) prior to the issuance of a building permit, execute and submit to the Town an owner's undertaking in the form attached as Appendix E, where required by the building official. 7.4 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 Town and none of the issuance of a permit under this bylaw, the review of plans and supporting documents, or inspections made by a building official or a registered professional shall relieve the owner, or his or her or their agent, from full and sole responsibility to perform the work in strict accordance with this bylaw, the Building Code and all other applicable codes, standards and enactments. 7 .5 Every owner must allow a building official to enter any building or premises at any reasonable time to administer and enforce this bylaw. Every owner to whom a permit is issued must, during construction, a) post the civic address on the property so that it may be easily read from the public highway from which the property takes its address; and b) post the permit on the property so that it may be easily read from the public highway from which the property takes its address. Damage to Municipal Works 7.6 Every owner to whom a permit is issued is responsible for the cost to repair any damage to municipal works or land that occurs during and arises directly or indirectly from the work authorized by the permit. 7.7 In addition to payment of a security deposit under sections 10.11 to 10.15, every owner must pay to the Town, within 30 days of receiving an invoice for same from the Town, the cost to repair any damage to public property or works located on public property arising directly or indirectly from work for which a permit was issued. Demolition 7 .8 Prior to obtaining a permit to demolish a building or structure, the owner must a) provide to the Town a vacancy date; {00772178; 2} 14 b) pay capping and inspection chamber installation fees as set out in the Town's bylaws governing waterworks and sewer; and c) ensure that all municipal services and other services are capped and terminated at the property line in a Town standard inspection chamber and valve arrangement. 7.9 Every owner must ensure that, on completion of all demolition procedures, all debris and fill are cleared, and the site is levelled or graded, or made safe if levelling and grading are not possible. 7.10 Every owner of a building that has suffered damage from a fire shall, within 24 hours after the fire investigation is complete, ensure the building is secured and safe to public health. Notice 7.11 Every owner must give written or online notice to a building official of any change in or termination of engagement of a registered professional, including a coordinating registered professional, during construction, within 24 hours of when the change or termination occurs. 7 .12 If an owner or a registered professional terminates the engagement of a registered professional, including a coordinating registered professional, the owner must terminate all work under a building permit until the owner has engaged a new registered professional, including a coordinating registered professional, and has delivered to a building official new Letters of Assurance. 7 .13 Without limiting sections 10.29 to 10.44, every owner must give at least 48 hours' online or written notice to a building official a) of intent to do work that is required or ordered to be corrected during construction; b) of intent to cover work that is required under this bylaw to be, or has been ordered to be, inspected prior to covering; and c) when work has been completed so that a final inspection can be made. 7.14 Every owner must give notice in writing to a building official and pay the non- refundable fee set out in Appendix A immediately upon any change in ownership or change in the address of the owner which occurs prior to the issuance of an occupancy permit. 7.15 Every owner must give such other notice to a building official as may be required by the building official or by a provision of this bylaw. {00772178; 2} 15 PART 8: OBLIGATIONS OF OWNER'S CONSTRUCTOR 8.1 Every constructor must ensure that all construction is done in compliance with all requirements of the Building Code, this bylaw and all other applicable, codes, standards, and enactments. 8.2 Every constructor must ensure that no excavation or other work is undertaken on public property, and that no public is disturbed, no building or structure erected, and no materials stored thereon, in whole or in part, without first having obtained approval in writing from the appropriate authority over such public property. 8.3 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 9: REGISTERED PROFESSIONAL'S RESPONSIBILITIES Professional Design and Field Review 9.1 The provision by the owner to the Town 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 final inspection for a simple building in circumstances where letters of assurance have been required in accordance with the requirements of the building code, in which case the owner must provide the Town with letters of assurance in the form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of the Building Code. 9.2 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 official in the form and amount set by Appendix F to this bylaw. Requirement for a Registered Professional 9.3 The owner must retain a registered professional to provide a professional design and plan certification and letters of assurance in the form of Schedules A, B, C-A and C-B referred to in subsection 2.2.7, Division C, of the Building Code, in respect of a permit application a) prior to the pre-occupancy site review coordinated by the coordinating registered professional or other registered professional for a complex building, or {00772178; 2} 16 b) prior to a final inspection for a simple building in circumstances where letters of assurance have been required in accordance with the requirements of the Building Code, in which case the owner must provide the Town 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; c) a building that is designed with common egress systems for the occupants and requires the use of firewalls in accordance with the Building Code; d) prior to alterations to a building, or to a structural component of a building described in paragraph (b); e) for a building in respect of which the building official determines that site conditions, size or complexity so warrant in the interests of safety of persons or protection of property under the Building Code; f) if the building envelope components of the building fall under Division B Part 3 of the Building Code,-the building contains more than two dwellings, or if the building envelopes do not comply with the prescriptive requirements of Division B Part 9 of the Building Code; and g) for a parcel of land on which a building or structure is proposed if the building official believes the parcel is or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the requirement for a professional design is in addition to a requirement under Division 8 of Part 3 of the Community Charter I. for a report certified by a professional engineer with experience in geotechnical engineering that the parcel may be used safely for the use intended, and II. that the plans submitted with the application comply with the relevant provisions of the Building Code and applicable bylaws of the Town. 9.4 The building official may require any registered professional carrying out the professional design and field review required under section 9.3 to provide evidence that they have experience and expertise in respect of the professional design and field review of the context and scope required. Professional Plan Certification 9.5 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 9.1 and 9.3 are relied upon by the Town and its building officials as certification that the {00772178; 2} 17 design and plans to which the letters of assurance refer comply with the Building Code, this bylaw and other applicable enactment. 9.6 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. 9.7 For a building permit issued for the construction of a complex building, the building official shall provide the owner with a notice that the building permit is issued in reliance on the certification of the registered professional that the professional design and plans submitted in support of the application for the building permit comply with the Building Code and other applicable enactments. Any failure on the part of the building official to provide the owner with the notice will not diminish or invalidate the reliance by the Town or its building officials on the registered professionals. 9.8 If a building permit is issued for a construction of a complex building, the permit fee is reduced by 5% of the fees payable under Appendix A to this bylaw, up to a maximum reduction of $500.00 (five hundred dollars). PART 10: BUILDING APPLICATION REQUIREMENTS Requirements Before Applying for a Building Permit 10.1 Prior to issuance of a building permit, the owner must satisfy the following requirements or conditions: a) the owner must apply for and obtain a development permit if the building or structure is in an area designated by the Town's Official Community Plan as a development permit area; b) the owner must ensure that the proposed building or structure complies with all bylaws of the Town, except to the extent a variance of a bylaw is authorized by a development permit, development variance permit or order of the Board of Variance; c) an approving officer must have approved the subdivision plan that, once registered, would create the parcel on which the proposed building or structure will be constructed, and the subdivision plan must have been registered in the Land Title Office; d) the owner must provide evidence to the building official showing that the person applying for the building permit is either the owner of the parcel that is the subject of the proposed building permit, or is the agent of the owner, in which case, the agent must provide the name and contact information of the owner, {00772178; 2} 18 e) if the parcel that is the subject of the building permit application is not intended to be connected to the Town's sewage disposal system, the owner must apply for and obtain approval from the Town and other applicable public authorities for an alternate private sewage disposal system; f) if the parcel that is the subject of the building permit application is not intended to be connected to the Town's waterworks system, the owner must apply for and obtain approval from the Town and other applicable public authorities for an alternate water supply system; g) if the parcel that is the subject of the building permit application is not intended to be connected to The Town's storm water drainage system, the owner must apply for and obtain approval from the Town and other applicable public authorities for the alternate storm water drainage and detention system; and h) if all on site and off site works and services required by a Town bylaw or other enactment have not been completed in accordance with the enactments, the owner must enter into a completion agreement with the Town and deliver to the Town letters of credit or cash security for completion of the works and service. Building Permit Applications for Complex Buildings 10.2 An application for a building permit with respect to a complex building must a) be made in the form attached as Appendix A to this bylaw and signed by the owner, or a signing officer if the owner is a corporation; b) be accompanied by the owner's acknowledgement of responsibility and undertaking made in the form attached as Appendix E to this bylaw and signed by the owner, or a signing officer if the owner is a corporation; c) include a copy of a title search for the relevant property made within 30 days of the date of the permit application; d) include a Building Code compliance summary including the applicable edition of the Building Code, such as without limitation whether the building is designed under Part 3 or Part 9 of the Building Code, major occupancy classification(s) of the building, building area and building height, number of streets the building faces, and accessible entrances, work areas, washrooms, firewalls and facilities; e) include a copy of a survey plan prepared by a British Columbia land surveyor; f) include a site plan prepared by a registered professional showing {00772178; 2} 19 I. the bearing and dimensions of the parcel taken from the registered subdivision plan; II. the legal description and civic address of the parcel; Ill. the location and dimensions of existing and proposed statutory rights of way, easements, and setback requirements, adjacent street, and lane names; IV. the location and dimensions of existing and proposed buildings or structures on the parcel; V. setbacks to the natural boundary of any lake, swamp, pond, or watercourse; VI. north arrow; VII. if applicable, location of an approved existing or proposed private or other alternative sewage disposal system, water supply system or storm water drainage system; VIII. zoning compliance summary; IX. the location, dimensions and gradient of parking and parking access; X. proposed and existing setbacks to property lines; XI. natural and finished grade at building corners and significant breaks in the building plan and proposed grade around the building faces in order to ascertain foundation height; XI I. first storey floor elevation; XIII. location, setbacks, and elevations of all retaining walls, steps, stairs and decks; XIV. line of upper floors; XV. location and elevation of curbs, sidewalks, manholes, and service poles; XVI. location of existing and proposed service connections; XVII. location and species of all trees greater than 10 centimetres in diameter; XVIII. location of top bank and water courses; XIX. access routes for firefighting; {00772178; 2 }20 XX. accessible paths of travel from the street to the building; XXI. geodetic elevation of the underside of a wood floor system or the top of a finished concrete slab of a building or structure where the Town's land use regulations or provincial flood mapping regulations establish siting requirements related to minimum floor elevation, except that the building official may waive, in whole or in part, the requirements for a site plan, if the permit is sought for the repair or alteration of an existing building or structure; g) include floor plans showing the dimensions and uses and occupancy classification of all areas, including: the dimensions and height of crawl and roof spaces; the location, size, and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; fire separations; plumbing fixtures; structural elements; and stair dimensions; h) include a cross-section through the building or structure in sufficient detail and locations to illustrate foundations, drainage, ceiling heights and constructions systems; i) include elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, natural and finished grade, spatial separations and ridge height to comply with the Building Code and to illustrate that the building or structure conforms with the Town zoning bylaw and development permit; j) include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the building conforms to the Building Code; k) include all other requirements of sections 2.2.1, 2.2.3, 2.2.4, 2.2.5, 2.2.6 and 2.2.9, Davison C of the Building Code; I) include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and ministry of health approvals; m) include a letter of assurance in the form of Schedule A referred to in subsection 2.2.7 Division C of the Building Code, signed by the owner, or a signing officer if the owner is a corporation, and the coordinating registered professional; n) include letters of assurance in the form of Schedule B referred to in subsection 2.2.7 Division C of the Building Code, each signed by such registered professionals as the building official or Building Code may require to prepare the ·design for and conduct field reviews of the construction of the building; {00772178; 2 }21 o) include two sets of drawings at a suitable scale of the design prepared by each registered professional containing the information set out in (g) to (k) of this section; and p) include illustration of any slopes on the subject parcel that exceed 30%. 10.3 In addition to the requirements of section 10.2 of this bylaw, a building official may require the following to be submitted with a permit application for the construction of a complex building if the complexity of the proposed building or structure or siting circumstances warrant a) site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a registered professional, in accordance with the Town's Subdivision Servicing & Development Standards bylaw; b) a section through the site showing grades, buildings, structures, parking areas and driveways; and c) any other information required by the building official or the building code to establish substantial compliance with this bylaw, the building code and other bylaws and enactments relating to the building or structure. Building Permit Applications for Simple Buildings 10.4 An application for a building permit with respect to a simple building must a) be made in the form prescribed by the building official and signed by the owner, or a signing officer if the owner is a corporation; b) be accompanied by the owner's acknowledgment of responsibility and undertaking made in the form attached as Appendix E and signed by the owner, or a signing officer if the owner is a corporation; c) include a copy of a title search for the relevant property made within 30 days of the date of the permit application; d) include a copy of a survey plan prepared by a British Columbia land surveyor except that the building official may waive the requirement for a survey plan, in whole or in part, where conditions warrant; e) include a site plan showing I. the bearing and dimensions of the parcel taken from the registered subdivision plan; {00772178; 2 }22 II. the legal description and civic address of the parcel; Ill. the location and dimensions of existing and proposed statutory rights of way, easements and setback requirements, adjacent street and lane names; IV. the location and dimensions of existing and proposed buildings or structures on the parcel; V. setbacks to the natural boundary of any lake, swamp, pond or watercourse; VI. north arrow; VII. if applicable, location of an approved existing or proposed alternative private or other sewage disposal system, water supply system or storm water drainage system; VIII. the location, dimensions and gradient of parking and parking access; IX. proposed and existing setbacks to property lines; X. natural and finished grade at building corners and datum determination points; XI. first storey floor elevation; XII. location, setbacks, and elevations of all retaining walls, steps, stairs and decks; XIII. line of upper floors; XIV. location and elevation of curbs, sidewalks, manholes and service poles; XV. location of existing and proposed service connections; XVI. location and species of all trees greater than 10 centimetres in diameter; XVII. location of top bank and water courses; XVIII. access routes for firefighting; XIX. accessible paths of travel from the street to the building; XX. zoning compliance summary; and XXI. the geodetic elevation of the underside of a wood floor system or the top of a finished concrete slab of a building or structure where the Town's land {00772178; 2 }23 use regulations or provincial flood mapping regulations establish siting requirements related to minimum floor elevation, except that for a simple building the building official may waive, in whole or in part, the requirements for a site plan, if the permit is sought for the repair or alteration of an existing building; f) include floor plans showing the dimensions and uses of all areas, including: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; plumbing fixtures; structural elements; and stair dimensions; g) include a cross-section through the building illustrating foundations, drainage, ceiling heights and construction systems, including thermal and building envelope assemblies; h) include elevations of all sides of the building showing finish details, roof slopes, windows, doors, the grade, the maximum building height line, ridge height, spatial separations, and natural and finished grade to comply with the building code and to illustrate that the building or structure conforms with the Town's Zoning Bylaw and Development Permit; i) include cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the building or structure substantially conforms to the Building Code; j) include copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and Ministry of Health approvals; k) except for garages, carports and garden structures located on land, at the request of the building official include a foundation and excavation design prepared by a registered professional in accordance with the Building Code; I) include geotechnical letters of assurance, in addition to a required geotechnical report, if the building official determines that the site conditions so warrant; m) include two sets of drawings at a suitable scale of design including the information set out in (f) to (i) of this section; and n) include a Building Code compliance summary including the applicable edition of the Building Code, such as, without limitation, whether the building is designed under Part 3 or Part 9 and compliance with article 2.2.2.1 (2), Division C of the Building Code. {00772178; 2 }24 10.5 In addition to the requirements of section 10.4 of this Part, if a project involves a) two or more buildings, the gross floor areas of which in the aggregate total more than 1,000 square metres; b) two or more buildings that will contain four or more dwelling units; or c) otherwise, if the complexity of the proposed building or structure or siting circumstances warrant, a building official may require the following be submitted with a permit application for the construction of each simple building in the project: d) a construction fire safety, material staging and trucking route plan; e) a section through the site showing grades, buildings, structures, parking areas and driveways; f) a roof plan and roof height calculations; g) structural, electrical, plumbing, mechanical or fire suppression drawings prepared and sealed by a registered professional; h) letters of assurance in the form of Schedule B referred to in Division C of the Building Code, signed by a registered professional; and i) any other information required by the building official or the Building Code to establish substantial compliance with this bylaw, the Building Code and other bylaws and enactments relating to the building or structure. 10.6 Notwithstanding any other provision of this bylaw, whenever in the opinion of the building official the proposed method of construction requires specialized technical knowledge or is not referenced in the Building Code, it may be required as a condition of the issuance of any building permit that all drawings, specifications and site plans or any part thereof be prepared, signed, and sealed by, and construction carried out under the supervision of a registered professional. Site and Location Information 10.7 Without limiting sections 10.2(f) or 10.4(d) of this Part, the building official may in writing require an owner to submit an up-to-date plan or survey prepared by a registered British Columbia land surveyor which contains sufficient information respecting the site and location of any building to a) establish, before construction begins, that all the provisions of this bylaw in relation to this information will be complied with; {00772178; 2 }25 b) verify, 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 and after the placement of concrete for foundations and footings, show the elevation at proposed top of concrete on all building elevations and at all significant 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. Building Permit Fees 10.8 Before receiving a building permit for a building or structure, the owner must first pay to the Town a) the building permit fee prescribed in Schedule E of the Fees and Charges Bylaw; and b) any fees, charges, levies, or taxes imposed by the Town and payable under an enactment at the time of issuance of the building permit. In calculating the building permit fee, the fee will be based on the declared value of construction, or as accepted by the Building Inspector. Valuation for Permits 10.9 The valuation of construction set out in the application for a permit shall be the total current monetary worth of all construction or work related to the building or structure, and shall include: a) site preparation and civil work including excavation and the use of hoisting, pile driving, compaction, or erection devices; b) all design documents, labour, and management, even if provided by the owner, or donated voluntarily by others, contractors profit and overhead, sales taxes and construction insurance; and c) all mechanical, electrical, plumbing, drainage, and gas installations necessary for the construction to its completed form. {00772178; 2 }26 10.10 The building official may place a value on the construction or work for the purpose of determining applicable permit fees by using an appropriate method from the "Marshall Valuation Services" publications updated with the "current cost multipliers," or such universal source or calculating valuation, as the building official deems reasonable, practical, and expedient. Security Deposit with Building Permit Application 10.11 At the Town's discretion, an applicant for a building permit must pay to the Town, at the time of the application, the following security deposit: a) for a new single-family dwelling or simple building: $2,000 and b) for a complex building: $5,000. 10.12 The security deposit sum set out in section 10.11 of this Part; a) covers the cost borne by the Town to maintain, restore or replace any public works or public lands which are destroyed, damaged or otherwise impaired in the carrying out of the work referred to in any building permit held by the applicant; b) covers the cost borne by the Town to make the site safe if the permit holder abandons or fails to complete the work as designated on the permit; c) serves as the security deposit for provisional occupancy when the final inspection notice makes provision for a security deposit; or d) serves as a security deposit to effect compliance with any condition under which the permit was issued. 10.13 The security deposit or applicable portion must be returned to the applicant a) when the building official is satisfied that no further damage to public works or public lands will occur; b) when the inspections required by this bylaw are complete and acceptable to the building official; and c) when the conditions or provisions of a provisional certificate of occupancy are completed to the satisfaction of the building official; only if the applicant has requested the return of the security. 10.14 Any credit greater than the amount of the security deposit used by the Town for the purposes described in sections 10.11 to 10.13 of this Part will be returned to {00772178; 2 }27 the permit holder unless otherwise so directed by the permit holder. Any amount in excess of the security deposit required by the Town to complete corrective work to public lands, public works, or the site is recoverable by the Town from the permit holder, the constructor or the owner of the property. 10.15 If the proposed work includes excavation or construction on lands within 10 metres of works or services owned by the Town, the owner must deliver to the building official a signed agreement in a form prescribed by the Town's Director of Operations under which the owner acknowledges and agrees that any damage to municipal works or services arising from the construction associated with the building permit will be repaired by the owner at its expense and to the satisfaction of the Director of Operations, and the owner must deposit with the Town security in accordance with sections 10.11 to 10.14 of this Part. Permit Fee Refunds 10.16 No fee or part of a fee paid to the Town may be refunded if construction of the building has started. 10.17 A building permit or other permit fee may be partially refunded as set out in Schedule E of the Fees and Charges Bylaw only if a) the owner has submitted a written request for a refund; b) the building official has certified a start has not been made on the construction of the building or structure; and c) the permit has not expired. 10.18 A building permit or other permit fee is not refundable after the permit has been extended under section 10.50 of this Part. Design Modification 10.19 If an issued building permit or other permit is active and the owner proposes modification to the building design, whereby the value of the work does not increase or the value of the work decreases, the owner must pay to the Town a building permit fee based on the plan review hourly rate set out in Schedule E of the Fees and Charges Bylaw. Construction Before Permit Issued 10.20 The building permit or other permit fee is doubled for every permit application if construction commenced before the building official issued a permit, to a maximum of $10,000.00. {00772178; 2 }28 Expiration of Application for a Permit 10.21 A building permit or a mechanical permit application expires 180 days from the date a complete application is received under this Part if the building permit or mechanical permit is not issued by the application expiration date, unless the permit is not issued only due to delays caused by the Town. Issuance of a Building Permit 10.22 If a) a completed application in compliance with sections 10.2 and 10.3 or sections 10.4 and 10.5 of this Part, including all required supporting documentation, has been submitted; b) the owner has paid all applicable fees set out in sections 10.8 to 10.18 of this Part; c) the owner or his or her or their representative has paid all charges and met all requirements imposed by any other statute or bylaw; d) the owner has retained a professional engineer or geoscientist if required under this bylaw; e) the owner has retained an architect if required under this bylaw; and f) no covenant, agreement, resolution or regulation of the Town requires or authorizes the permit to be withheld, the building official must issue the permit, in the form prescribed by the building official, for which the application is made, and the date of issuance is deemed to be the date the Town gives written notice to the owner that the permit is ready to be picked up by the owner. 10.23 Despite section 10.22, the building official may refuse to issue a permit when he or she or they have been notified of a violation of this bylaw about the construction of another building or structure by the owner. Compliance with the Homeowner Protection Act 10.24 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 {00772178; 2 }29 b) the constructor is a licensed "residential builder" as defined in that Act. 10.25 Section 10.24 of this Part 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. 10.26 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. Partial Construction 10.27 If a site has been excavated under a building permit for excavation issued under this bylaw and a building permit is not subsequently issued or a subsisting building permit has expired under section 10.49, but without the construction of the building or structure for which the building permit was issued having commenced, the owner must fill in the excavation to restore the original gradients of the site within 60 days of being served notice by the Town to do so. 10.28 If a building permit has expired and partial construction has progressed, with no extension requested of the building official under section 10.50, the site must be secured with permanent type fencing for protection of the public. Conditions of a Building Permit 10.29 A building permit or an application for a building permit that is in process may not be transferred or assigned until the owner has notified the building official in writing, the building official has authorized the transfer or assignment in writing and the owner has paid the non-refundable fee required under Schedule E of the Fees and Charges Bylaw. The transfer or assignment of a building permit is not an extension of a building permit. 10.30 The review of plans and supporting documents and issuance of a building permit do not prevent the building official from subsequently requiring the correction of errors in the plans and supporting documents, or from prohibiting building construction or occupancy being carried on when in violation of this or another bylaw. Inspections 10.31 If a registered professional provides letters of assurance in accordance with this Part, the Town will rely solely on field 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 {00772178; 2 }30 design, plans and specifications and that the construction complies with the Building Code, this bylaw and other applicable enactments respecting safety. 10.32 Despite section 10.31 of this Part, a building official may attend the site from time to time during the course of construction to ascertain that the field reviews are taking place and to monitor the field reviews undertaken by the registered professionals. 10.33 A building official may attend periodically at the site of the construction of simple buildings or structures to ascertain whether the work is being carried out in substantial conformance with the building code, this bylaw and any other applicable enactments concerning safety. 10.34 For all work in respect of simple buildings the owner must give at least 48 hours' notice to the Town when requesting an inspection and must obtain an inspection and receive a building official's written acceptance of the following aspects of the work prior to concealing them a) after demolition, the grading of and removal of debris from the site; b) excavation, within 24 hours of the start of excavation; c) foundation and footing forms, before concrete is poured; d) prior to inspection under section 10.34(e), plumbing located below the finished slab level; e) the preparation of ground, including ground cover when required, perimeter insulation on inside of concrete foundation walls and reinforcing steel; f) below slab insulation; g) installation of rough-in plumbing before it is covered; h) installation of building services before being covered; i) rough in of factory-built chimneys and fireplaces and solid fuel burning appliances; j) framing, sheathing, fire stopping (including drywall in fire separations), bracing, chimney and ductwork, rough wiring, rough plumbing, exterior doors and windows, but prior to the installation of insulation, interior finishes, sheathing paper or exterior finishes which would conceal such work; k) insulation and vapour barrier; I) construction of an exterior deck if the deck serves as a roof; {00772178; 2 }31 m) on-site constructed tubs or showers and tub or shower trap tests; n) the installation of wall sheathing membrane, externally applied vapour or air barrier, stucco wire or lath, and flashings, but prior to the installation of exterior finishes which could conceal such work; and o) the health and safety aspects of the work and the conservation, Greenhouse Gas (GHG) emission reduction and accessibility aspects of the work when the building or structure is substantially complete, ready for occupancy but prior to occupancy. 10.35 A building official will only carry out an inspection under section 10.34 if the owner or the owner's agent has requested the inspection online or in writing in accordance with this bylaw. 10.36 Despite the requirement for the building official's acceptance of the work outlined in section 10.34, if a registered professional provides letters of assurance, the Town will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this bylaw as assurance that the aspects of the construction referenced by those letters of assurance substantially conform to the design, plans and specifications and that the construction complies with the building code, this bylaw and other applicable enactments respecting safety. 10.37 No person may conceal any aspect of the work referred to in section 10.34 of this bylaw until a building official has accepted it in writing. 10.38 For work in respect of complex buildings, the owner must a) give at least 48 hours' online or written notice to the Town when requesting a preconstruction meeting with the building official prior to the start of construction, and the owner or his or her or their representative must ensure that the coordinating registered professional, the constructor, as well as representatives of major trades, are in attendance; b) give at least 48 hours' online or written notice to the Town when requesting a pre- occupancy coordinated by the coordinating registered professional or other registered professional to have the owner, the constructor and the registered professionals demonstrate to the building official and Fire Services the compliance with the health and safety aspects of the work, the coordination and integration of the fire and life safety system, applicable Town requirements and other enactments respecting safety and the conservation, Greenhouse Gas (GHG) emission and accessibility aspects of the work; and {00772178; 2 }32 c) cause the coordinating registered professional, at least 48 hours prior to the pre- occupancy coordinated site review coordinated by the coordinating registered professional, to deliver to the building official the Confirmation of Required Documentation described in Appendix G, complete with all documentation in a hard covered three ring binder and in digital pdf format on a memory stick. Stop Work Order 10.39 The building official may direct the immediate suspension or correction of all or a portion of the construction on a building or structure by attaching a stop work order notice in the form described in Appendix I 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 Town or the applicable provisions of the Homeowner Protection Act. 10.40 The coordinating registered professional may request, in writing, that the building official order the immediate suspension or correction of all or a portion of the construction on a building or structure by attaching a stop work order notice on the premises. The building official must consider such a request and, if not acted upon, must respond, in writing, to the coordinating registered professional and give reasons. 10.41 If a registered professional's services are terminated, the owner must immediately stop any work that is subject to his or her or their design or field review and the building official is deemed to have issued a stop work order under section 10.39. 10.42 The owner must immediately, after the posting of a notice under section 10.39, 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 Town. 10.43 Subject to section 10.39, no work other than the required remedial measures may be carried out on the parcel affected by the notice referred to in section 10.34 until the stop work order notice has been removed by the building official. 10.44 The notice referred to in section 10.39 must remain posted on the premises until that which is contrary to the enactments has been remedied. Do Not Occupy Notice 10.45 If a person occupies a building or structure or part of a building or structure in contravention of this bylaw, a building official may post a Do Not Occupy Notice in the form prescribed by the building official on the affected part of the building or structure. {00772178; 2 }33 10.46 If a notice is posted under section 10.45, the owner of a parcel on which a Do Not Occupy Notice has been posted, and every other person, must cease occupancy of the building or structure immediately and refrain from further occupancy until all applicable provisions of the Building Code and this bylaw have been substantially complied with and the Do Not Occupy Notice has been rescinded in writing by a building official. Unsafe Conditions 10.47 If the supply of electricity or natural gas has been disconnected due to a hazardous or potentially hazardous situation existing in the building or structure or part thereof, the supply of electricity or natural gas to the building or structure shall not be reconnected, and the building shall not be occupied until a) The owner has applied to the building official for a special safety inspection pursuant to this part; b) The building, structure or part thereof has been inspected by the building official and, if considered necessary by the building official, by the Fire Chief for compliance with this bylaw and any other bylaws or Provincial statutes or regulations relating to building, electrical, gas or fire safety; c) The owner has obtained permits required to carry out the works necessary to bring the building, structure, or part thereof into compliance with bylaws, statutes, and regulations; and d) All work required by the building official has been completed and the building or structure has been brought into compliance with bylaws, statutes, and regulations. Inspection and Other Fees 10.48 In addition to the fees required under other provisions of this bylaw, the ownermust pay the non-refundable fee set out in Schedule E of the Fees and Charges Bylaw. a) a second and each subsequent re-inspection where it has been determined by the building official that due to non-compliance with the provisions of this bylaw or due to non-complying work, more than one site visit is required for any required inspection; b) a special inspection during the Town's normal business hours to establish the condition of a building, or if an inspection requires special arrangements because of time, location, or construction techniques; and c) inspection required under this bylaw which cannot be carried out during the Town's normal business hours. {00772178; 2 }34 Permit Expiration 10.49 Every permit is issued on the condition that the permit expires and the rights of the owner under the permit terminate if 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 10.50 A building official may extend the period set out under section 10.49 for only one period, not to exceed twelve months, if construction has not been commenced or has been discontinued due to adverse weather, strikes, material or labour shortages, other similar hardship beyond the owner's control, or if the size and complexity of the construction warrants, if 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 Schedule E of the Fees and Charges Bylaw, has been paid. Building Permit Cancellation 10.51 A building permit, or a building permit application, may be cancelled by the owner, or his or her or their agent, on delivery of written notification of the cancellation to the building official. 10.52 On receipt of the written cancellation notice, the building official must mark on the application, and a permit if applicable, the date of cancellation and the word "cancelled". 10.53 If the owner, or his or her or their agent, submits changes to an application after a permit has been issued and the changes, in the opinion of the building official, substantially alter the scope of the work, design or intent of the application in respect of which the permit was issued, the building official may cancel or amend the permit and mark on the permit the date of cancellation or amendment and the word "cancelled" or "amended". {00772178; 2 }35 10.54 If a building permit application or permit is cancelled, and construction has not commenced under the permit, the building official must return to the owner any fees deposited under Schedule E of the Fees and Charges Bylaw, less a) any non-refundable portion of the fee; and b) 15% of the refundable portion of the fee. Occupancy 10.55 No person may occupy a building or structure or part of a building or structure until a final inspection notice has been issued by a building official. 10.56 A final 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 sections 7.11 to 7.15 of Part 7 of 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 delivered to the Town as-built plans of works and services in digital format as required by the Town; d) the owner has provided to the Town a building survey prepared by a British Columbia Land Surveyor showing the building height, size, location and elevation determined in accordance with the Town's land use regulations; e) all other documentation required under applicable enactments has been delivered to the Town; and f) the owner has delivered to the Town as-built drawings of the building or structure in digital format as required by the Town. 10.57 When a registered professional provides letters of assurance in accordance with this bylaw, the Town will rely solely on the letters of assurance when issuing a final report authorizing occupancy as assurance that the items identified on the letters of assurance substantially comply with the design, the building code, this bylaw, and other applicable enactments respecting safety. 10.58 A building official may issue a final inspection notice for partial occupancy of a portion of a building or structure under construction when {00772178; 2 }36 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, Greenhouse Gas (GHG) emissions and conservation; and b) the requirements set out in section 10.57 have been met with respect to it. 10.59 A final inspection notice may not be issued unless a) all letters of assurance and the Confirmation of Required Documentation described in Appendix G have been submitted when required in accordance with the requirements of this bylaw; b) all aspects of the work requiring inspection and review pursuant to Part 9 and sections 10.31 through 10.38 of this bylaw have both been inspected and accepted; c) the owner has executed and delivered to the Town every agreement, instrument or form required by the Town in relation to the work or the site; and d) all required offsite works respecting safety have been completed. 10.60 A building official may issue a provisional occupancy permit provided the essential services relating to life, safety and health have been met, and the building official may require the owner to provide a security deposit and determine a specified time limit for the provisional occupancy permit. Temporary Buildings 10.61 Subject to the bylaws of the Town and orders of Council, the building official may issue a building permit for the erection or placement of a temporary building or structure for occupancy if a) the permit is for a period not exceeding one year; and b) the building or structure is located in compliance with the Town's zoning bylaw, built in compliance with the Building Code and this bylaw, and connected, as required by enactments, to Town utility services. 10.62 An application for a building permit for the erection or placement of a temporary building or structure must be made in the form of a temporary permit application in the form prescribed by the building official, signed by the owner or agent, and must include a) plans and supporting documents showing the location and building height of the building or structure on the parcel; {00772178; 2 }37 b) plans and supporting documents showing construction details of the building or structure; c) a statement by the owner indicating the intended use and duration of the use; d) plans and supporting documents showing the proposed parking and loading space; e) a written description of the project explaining why the building is temporary; f) a copy of an issued development permit, if required; g) in the case of a manufactured building, a CSA label in respect of manufacture and, without limitation, a Quonset or other steel building must be certified in accordance with CSA Standard A660; h) a report or drawing by an engineer, architect or designer confirming compliance with the Building Code, this bylaw, the Town's zoning bylaw and other applicable bylaws; i) security in the form of cash or a letter of credit for 10% of the value of the temporary I. may be used by the Town to remove the building after one year of the date of the final inspection required under this bylaw; or II. must be returned to the owner if the owner removes the temporary building within one year of the date of the final inspection of the temporary building required under this bylaw; and j) in the case of a temporary building, information to comply with article 1.1.1.1 (2)(f), Division C of the Building Code. 10.63 Before receiving a building permit for a temporary building or structure for occupancy, the owner must pay to the Town the applicable building permit fee set out in Schedule E of the Fees and Charges Bylaw. 10.64 A permit fee for a temporary building or structure is not refundable. Sanitary Facilities 10.65 During the time a building permit has been issued and remains valid under this bylaw, at the discretion of the building official, the owner must provide on the parcel of land in respect of which the permit has been issued, sanitary facilities for the disposal of human waste from individual persons who enter on the parcel in relation to the work referred to in the permit, which facilities must be accessible {00772178; 2 }38 and unlocked when not occupied while work is being carried out on the parcel under this bylaw, and every sanitary facility that is not connected to a a) sanitary sewer; or b) septic disposal system approved under the Health Act, by plumbing that complies with the Building Code and this bylaw, must be provided, at all times the facility is required under this bylaw, with toilet paper, a locking door for privacy, and ventilation, and must be kept in sanitary condition without leaking beyond the facility and without overflowing within the facility. Such facilities must be located so as not to create a nuisance to neighbouring parcels or highways. PART 11: RETAINING WALLS AND GRADES 11.1 No person may construct, or structurally repair, a retaining wall more than 1.2m in height without a building permit. 11.2 Except as certified by a professional engineer with expertise in geotechnical engineering registered in the province of British Columbia, fill material placed on a parcel, unless restrained by permitted retaining walls, must not have a surface slope exceeding a ratio of one linear unit vertically to two linear units horizontally. 11.3 Without limiting section 11.2, no person may occupy a building unless the finished grade complies with all applicable enactments. PART 12: BUILDING MOVE 12.1 No person may move a building or structure into or within the Town a) except where certified by a registered professional that the building, including its foundation, will substantially comply with the current version of the Building Code; and b) a building permit has been issued for the building or structure. PART 13: NUMBERING OF BUILDINGS 13.1 Immediately upon issuance of a building permit governing the construction, alteration, or repair of a building, or prior to and during the occupancy of a building, the owner or occupant must display the address number assigned to it by the Town {00772178; 2 }39 a) on or over the entrance to the building or where landscaping or structures obscure the visibility of a building entrance from the adjacent highway, on the building property within sight of the adjacent highway; and b) until such time as the building is removed from the site or has been demolished. 13.2 Despite section 13.1, the Town's Director of Development Services may renumber or alter the assigned numbers in respect of any building on any parcel, including those already in existence or numbered. 13.3 Without limiting sections 13.1 or 13.2, the building official must, on the issuance of a building permit, designate a house number or set of house numbers related to the building authorized by the permit. The owner or occupier must post the number or numbers on the site immediately after obtaining the building permit and keep the numbers posted in a conspicuous location at all times during construction. 13.4 Without limiting sections 13.1 through 13.3, on issuance of an occupancy permit, the owner or occupier of the parcel must affix the numbers permanently in a conspicuous place on the building such that the number is visible from an adjacent highway that is not a lane. PART 14: POOLS Swimming Pool Permit and Fencing 14.1 Without limiting section 5.1 of this bylaw, a person must not construct, or structurally repair, a swimming pool without a valid building permit. 14.2 A swimming pool, including a spa or hot tub must be enclosed within a fence constructed without footholds or grips that children may use to climb into the enclosed area, having a minimum height of 1.2 metres and no openings greater than 100 mm at their greatest dimension. Pool Gate 14.3 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 14.4 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. {00772178; 2 }40 Maintenance 14.5 A person may not use or occupy a swimming pool, including a spa or hot tub unless the owner or occupier of property on or in which a pool, spa or hot tub is located maintains every fence or cover required under sections 14.2 to 14.4 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 binding members. Leaks or Other Failures 14.6 A person may not obtain a valid and subsisting building permit for or use or occupy a swimming pool without first delivering to the building official at the 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. PART 15: ACCESS ROUTE FOR FIRE VEHICLE 15.1 Prior to the issuance of a building permit for a building under Part 9 of the Building Code, the owner must satisfy the building official that the building or structure for which the permit is issued will be served by a fire access route that satisfies the following: a) the width of an access route must be not less than 6m; b) the centerline radius of an access route must be 12m; c) the overhead clearance of an access route must be 5m; d) the gradient of the access route must not change more than 1 in 12.5 over a minimum distance of 15m; e) the access route must comply with the bearing load and surface material standards of the Town's Subdivision Servicing & Development Standards bylaw, as amended, or replaced from time to time; and f) the length above which a dead-end portion of an access route requires turnaround facilities is 90m. PART 16: OFFENCES Violations 16.1 Without limiting Part 4 of this bylaw, every person who {00772178; 2 }41 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; and c) neglects to do anything required to be done under any provision of this bylaw, commits an offence and on summary conviction by a court of competent jurisdiction, the person is subject to a fine of not more than $10,000.00, or a term of imprisonment not exceeding three months, or both, in addition to the costs of prosecution. Each day during which a violation, contravention or breach of this bylaw continues is deemed to be a separate offence. 16.2 Every person who fails to comply with any administrative requirements issued by a building official, or who allows a violation of this bylaw to continue, contravenes this bylaw. 16.3 Every person who commences work requiring a building permit without first obtaining such a permit must, if a Stop Work notice is issued and remains outstanding for 30 days, pay an additional charge as outlined in Schedule E of the Fees and Charges Bylaw. Deemed Offence 16.4 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. 16.5 No person is deemed liable under section 16.2 who establishes, on a balance of probabilities, that the construction or change of use or occupancy occurred before he or she became the owner of the parcel. 16.6 Nothing in section 16.5 affects a) the Town'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. Ticketing 16.7 The offences in Appendix Hare designated for enforcement under section 264 of the Community Charter. {00772178; 2 }42 16.8 The following persons are designated as bylaw enforcement officers under section 264(1) (b) of the Community Charter for enforcing the offences in Appendix H: building officials, fire inspectors and persons designated by Council as bylaw enforcement officers. 16.9 The words or expressions set forth in Column 1 of Appendix H are authorized pursuant to section 264(1 )(c) of the Community Charter to designate the offence committed under the bylaw section number appearing in Column 2 opposite the respective words or expressions. 16.10 The amounts appearing in Column 3 of Appendix H are the fines established pursuant to section 265(1 )(a) of the Community Charter for the corresponding offence designated in Column 1. PART 17: INTERPRETATION Definitions 17.1 In this bylaw accepted means reviewed by the building official under the applicable provisions of the Building Code and this bylaw; addition means an alteration to any building which will increase the total aggregate floor area or the building height (in storeys), and includes the provision of two or more separate buildings with openings between each other for intercommunication; agent includes a firm, corporation or other person representing the owner, by written designation or contract, and includes a hired tradesperson or constructor who may be granted a permit for work within the limitations of his or her or their licence; alternative solution means an alternative solution authorized under the Building Code; alteration means a change, repair or modification of the construction or arrangement of or use of any building or structure, or to an occupancy regulated by this bylaw; 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; {00772178; 2 }43 building official means the person designated in or appointed to that position by the Town, and includes a building inspector, plan checker, plumbing inspector gas inspector, or electrical inspector designated or appointed by the Town, and for certainty the building official is the "building inspector" referred to in the Community Charter and Local Government Act; complex building means: a) a building used for a major occupancy classified as: I. assembly occupancy; 11. care occupancy; 111. detention occupancy; IV. high hazard industrial occupancy, V. treatment occupancy; or VI. post-disaster building, b) a building exceeding 600 square metres in building area or exceeding three storeys in building height used for a major occupancy classified as: I. residential occupancy; 11. business and personal services occupancy; 111. mercantile occupancy; or IV. medium and low hazard industrial occupancy, coordinating registered professional means a registered professional retained pursuant to the Building Code to coordinate all design work and field reviews of the registered professionals required for a development; construct includes build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate or shore; constructor means a person who constructs; Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996, c. 116; existing, in respect of a building, means that portion of a building constructed prior to the submission of a permit application required under this bylaw; {00772178; 2 }44 foundation means a system or arrangement of foundation units through which the loads from a building are transferred directly to supporting soil or rock and includes any portion of the exterior walls of a building that lie below the finished grade immediately adjacent to the building; health and safety aspects of the work means design and construction regulated by Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to Parts 1 and 2 in relation to Parts 3 through 10, Division B; owner means the registered owner in fee simple, or an agent duly authorized by the owner in writing in the form attached as Appendix D; permit means permission or authorization in writing by the building official to perform work regulated by this bylaw and, in the case of a final inspection notice, to occupy a building or part of a building; pool means a structure or constructed depression used or intended to be used for swimming, bathing, wading or diving which is designed to contain water and has a depth, at any point, exceeding 0.6 m, including an in-ground pool and hot tub; professional design means the plans and supporting documents bearing the date, seal or stamp, and signature of a registered professional; project means any construction operation; retaining wall means a structure exceeding 1.2 metres in height that holds or retains soil or other material behind it; simple building means a building of three storeys or less in building height, having a building area not exceeding 600 square metres and used for a major occupancy classified as a) residential occupancy; b) business and personal services occupancy; c) mercantile occupancy; d) medium hazard industrial occupancy; or e) low hazard industrial occupancy, structure means a construction or portion of construction, of any kind, whether fixed to, supported by or sunk into land or water, except landscaping, fences, paving and retaining structures less than 1.22 meters in height; {00772178; 2 }45 temporary building includes a sales office, construction office or a structure in which tools are stored during construction of a building or other structure; value of the work means that amount that is calculated as follows: a) for construction of a building containing a residential occupancy that is served by only one stove, or two stoves if permitted as an auxiliary and secondary residential occupancy, the greater of I. the declared value of the work; or II. the value calculated as per parts 10.8 and 10.9, or b) for all other construction, the greater of I. the declared value of the work; or the value calculated using a method stipulated in the "Marshall Valuation Service". 17.2 In this bylaw the following words and terms have the meanings a) set out in section 1.4.1.2 of the Building Code as of the date of the adoption of this bylaw: accessible assembly occupancy, building, building area, building height, business and personal services occupancy, care occupancy, constructor, coordinating registered professional, designer, detention occupancy, excavation, field review, firewall, first storey, grade, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, medium hazard industrial occupancy, mercantile occupancy, occupancy, post disaster occupancy, private sewage disposal system, registered professional, residential occupancy, treatment occupancy or unsafe condition; b) subject to this bylaw, set out in the Schedule to the Community Charter. assessed value, highway, land, occupier, parcel, public authority, service and soil; and c) subject to this bylaw, set out in section 29 of the Interpretation Act: may, must, obligation, person, property, writing, written and year. 17.3 Every reference to this bylaw in this or another bylaw of the Town is a reference to this bylaw as amended to the date of the reference. 17.4 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, {00772178; 2 }46 as the code or section may be amended or re-enacted from time to time. 17.5 Definitions of words and phrases used in this bylaw that are not included in the definitions 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. Appendices 17.6 Schedule E of the Fees and Charges Bylaw and Appendices A through J are attached to and form part of this bylaw. Severability 17.7 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 18: REPEAL 18.1 BYLAW NO. 1673 CITED AS "BYLAW NO.1673- BUILDING BYLAW' AND ANY AMENDMENTS THERETO, ARE HEREBY REPEALED. {00772178; 2 }4 7 PART 19: IN FORCE 19.1 This bylaw comes into force on the date of adoption. READ A FIRST TIME THIS 22ND DAY OF MARCH, 2022. READ A SECOND TIME THIS 22ND DAY OF MARCH, 2022. READ A THIRD TIME THIS 22ND DAY OF MARCH, 2022. ADOPTED THIS 12TH DAY OF APRIL, 2022. The Corporate Seal of the Town of Smithers was hereto affixed in the presence of ~ ... Mayor Dianna Plouffe Chief Administrative Officer CERTIFIED A TRUE AND CORRECT COPY cited as "Bylaw No.1924 - Building". ~ alkinson Corporate Officer {00772178; 2 }48 APPENDIX A - APPLICATION Sffiithe~ APPLICATION FOR A BUILDING PERMIT BUILDING BYLAW- APPENDIX A Application Fee: $75.00 (or as per the Fees & Charges Bylaw) MUNICIPAL OFFICE 1027 ALDOUS ST. BOX879 SMITHERS, B.C. V0J 2N0 TELEPHONE (250) 847-1600 FAX (250) 847-1601 BUILDING PERMIT NO: Owner: .Email: _ Civic Address:-------------------------------------- Present Mailing Address: _ Telephone: _ Legal Description: Lot Block or DL Plan _ Folio No: P.LD(s): _ Class of Work: New __ Addition __ Alteration __ Conversion __ Moving __ Demolition _ Description of Work:------------------------------------ Standard Building Complex Building Owner's Undertaking of Building Foundation _ (complete Form 'N') (complete Form 'M') Estimated Cost of Project Including Labour: $ _ This Section for Commercial, Institutional and Industrial Projects: Coordinating Registered Professional: Address Telephone General Contractor: The applicant shall, where required by the Building Inspector, include copies in duplicate of the Drawings and Specifications of the building with respect to the work that is to be carried out. A building permit application expires 180 days from the date that a complete application is received if the permit has not been issued. A permit is issued upon the condition that from the date the permit is issued: (a) the work is to be started within 180 days, or the permit expires; (b) the work is not to be discontinued or suspended for a period of more than 180 days; and (c) the work is completed within two years. Any owner of property for which a permit is issued shall be responsible for the cost of repair of any damage to municipal works that occurs as a result of the work covered by the permit. Neither the granting of a permit nor the approval of the drawings and specifications nor inspections made shall in any way relieve the owner of such building from full responsibility for carrying out the work or having the work carried out in accordance with the requirements of Municipal Bylaws and/or Provincial laws regulating building. I HEREBY AGREE to indemnify and keep harmless the Town of Smithers and its employees against all claims, liabilities, judgments, costs and expenses of whatsoever kind which may in any way occur against the said Town and its employees in consequence of and incidental to the granting of the permit, if issued, and I further agree to conform to all requirements of the Building Bylaws in force in the Town of Smithers. I hereby acknowledge that I have read this application and state that the above is correct. (Signed by Owner or Authorized Agent) Date OFFICE USE ONLY The following applicable fees are payable before a permit will be issued: Municipal Services: Size Water Meter $ Water Service Connection (Main to Property) Sewer Service Connection (Main to Property) Storm Sewer Connection (Main to Property) Amount T.P.WO.# Culverts: Length _ Curbs and Pavement Cuts and Building Permit Fee Less 5% reduction for Complex building (if applicable) Total Payment Due Approved by Building Inspector and issuing permit is authorized. $ $ Building Inspector Date 178; 2 }49 APPENDIX B - INSPECTION LETTER Sm'ithe~ Date: <cmrrvdd/year> > Dear Sir or tviadam, BUILDING PERMIT NO FOLIO 478. ADDRESS --- Altached herewith is your approved Building Permit for the above referenced project. All construction must comply with the Town of Smithers' Building and Zoning Bylaws and the B.C. Building Regulations. Inspections are required at the following stages of the work Inspections will be done between 9:00 a. m. and 2:30 p.rn., Monday to Friday, with 24 hours' notice. Please call Town of Smithers at 847-1600 to book an inspection. Ll Addressing staked or posted at work site L) Complex Building fee reduction to reflect reduced plan review by Building Inspector L) Excavation and Footings (prior to pouring concrete) L) Water and Sewer Service Connections (prior to backfilling) Ll Foundations (prior to backfilling) L) Certificate of Location L) Rau gh-1 rt-Plumbing (with water test and prior to covering) L) Framing (prior to Insulation) Ll Insulation and Vapor Barrier (prior to covering) Ll Fire Separations L) Water Meter Installation L) Outstanding OP or OVP requirements L)Final LI Civic Address Assigned and Correctly Posted LJ Lot Consolidation - Form 14 (if required) LJ Occupancy Please note that on new construction, a Certificate of Location prepared by a qualified surveyor is to be submttsd to the Town prior to proceeding with the framing. Twenty-four hours prior notice of the Inspection is required. Should you have any further questions, please feel free to contact rne at 847-1600 between the hours of 8:00 a.rn. and 3:00 p.rn. Sincerely, Building Inspector INSPECTIONS Building Bylaw - Appendix B MUNICIPAL OFFICE 1027 ALDOUS ST. BOX879 SMITHERS, B.C. \IJJ 2N0 TELEP HONE (250) 847-1600 FAX (250)847-1601 TO: BUILDERS AND CONTRACTORS Please be advised that it is your responsibilrty to carrv out all your bu ii cling operations in a manner Vlhich protects, and does not damage, Municipal infrastructure such as sidev\alks, curbs, pavern ent, 'Mlter valves, hydrants, streetlights and manholes. For example, sidel'\alks are not designed to take heavv v-heel toeds such as concrete trucks, etc. l t vou cannot avoid taking a heavy vehicle across a sidel'\alk, lay minimum 2" thick planks, parallel to the sideV\alk, in order to spread the load as rn Lich as possible. Should any darn age to Municipal facilrties occur irn mediately adjarent to your site or as a result of your activrties, you v,ill be held responsible for the full cost of proper repair. This also applies for any Municipal facilities covered over v>ith any type of pavement. Please also be advised that curbs or retaining structures bordering driveV\ays lll.ll.:lWllll. be constructed any doser than 1 meter from Municipal curbs, sidewalks or pavement edges at an elevation higher than the curb, sidewalk or pavement edge, as the case rn ay be. The T OV\n 'Aili not be responsible for any damage to any curb orretaining structure built in contravention of the above restriction. Please note that construction noise. l'lhi ch disturbs or tends to disturb pe..sons in the neighborhood or uic inity1 is prohibited. In particular I construction a ctiu ity in a residential district may not be undertaken except during the hours of 7 a.m to 10: 00 p.m '8; 2 }50 Siiiither BUILDING BYLAW APPENDIX C - CLIMATIC DATA Based on 2018 BC Building Code To be used for building design and construction in the Town of Smithers 1. January 2.5% Design Temperature 2. January 1% Design temperature 3. July 2.5% Design Temperature (dry) 4. July 2.5% Design temperature (wet) 5. Annual Total Degree-Days below 18°C 6. Elevation (geodetic) 7. Frost Penetration (based on local experience) '8. Maximum 1 Day Rainfall 9. 15 Minute Rainfall -29°C -31°C 26°C 17°C 'so4o 'soo 1.2m 60mm 13mm I , 10. Annual Total Precipitation ' 11. Ground Snow Load 12. Wind Effect 1/10 13. Wind Effect 1/50 14. Seismic Design data Sa(0.2) 15. Moisture index 16. Radon Rough-in Required 500mm 3.5kPa, plus 0.2 rain component 0.31 kPa 0.4 kPa ,. 0.1 'o.6 Yes {00772178; 2 }51 Sffiither BUILDING BYLAW APPENDIX D - LETTER OF AUTHORIZATION To whom it may concern: Property Address: _ Legal Description: _ I am the owner, as defined in the current "Building Bylaw", of the above referenced property and hereby authorize: Representative/Contact: (PRINT) Tel. No.: Cell No.: Fax No.: _ E-mail: ----------------------------- PI ease check where applicable. To represent me in an application for: - Building Permit Application (If Registered Professional is involved, use Appendix D, Owner's Undertaking) - Demolition Permit Application - Subtrade Permit To obtain copies of: - Building Permit Plans (Archive Copies) Owner's Information: Name: (PRINT) Address: ---------------------------- Te I. No.: Cell No.: Fax No.: ------- --------- ------- E-mail: ----------------------------- Date: Signature: _ {00772178; 2 }52 Sfiiither BUILDING BYLAW APPENDIX E - OWNERS UNDERTAKING This form may be faxed, mailed, or delivered in person. 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 Town will rely on same. 2. I confirm that I have applied for a building permit pursuant to "Town Building Bylaw 2022, No. 1924" (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 Town or its building officials, as defined 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 Town or its building officials. 5. I hereby agree to indemnify and save harmless the Town and its employees from all claims, liability, judgments, costs and expenses of every kind which may result from negligence or from the 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 indemnities to the Town. {00772178; 2 }53 Owner's Information: Name: (PRINT) Address: Tel. No.: Cell No.: Fax No.: ------ ------- -------- Email: ------------------------------ This undertaking is executed by the owner this day of _ (Day) (Month) (Year) 1. Where owner is an individual: Owner's Signature Signed, sealed and delivered in the presence of: Witness's Signature Owner's Name Witness's Name (PRINT) 2. Where owner is a corporation: Name of Corporation Per: Authorized Signatory (PRINT) Witness's Address Signed, sealed and delivered in the presence of: Witness's Signature {00772178; 2 }54 Name Witness's Name (PRINT) 3. Where owner is a partnership: Name of Partnership (PRINT) Witness's Address Signed, sealed and delivered in the presence of: Witness's Signature Per: Authorized Signatory Witness's Name Name (PRINT) Witness's Address (PRINT) {00772178; 2 }55 Sillither BUILDING BYLAW APPENDIX F - CONFIRMATION OF PROFESSIONAL LIABILITY INSURANCE 1. This Confirmation letter must be submitted along with each BC Building Code Schedule A and Schedule B before issuance of a building permit. A separate Confirmation Letter must be submitted for each registered professional. 2. This Confirmation Letter must be submitted with each BC Building Code Schedule C after completion of the building but before a final inspection is made by the building official. A separate Confirmation Letter must be submitted for each registered professional. 3. Only an original Confirmation Letter, printed by the Town or an unaltered photocopy of this document is to be completed and submitted. Attention: Manager, Inspections Property Address: ----------------------------- Leg a I Description: _ The undersigned hereby gives assurance that: a) I have fulfilled my obligation for insurance coverage as outlined in the Town Building Bylaw 2020, No. 1924; b) I am insured by a policy of insurance covering liability to third parties for errors and omissions in respect to the above project, in the amount of at least One Million Dollars ($1,000,000.00); c) I have enclosed a copy of my certificate of insurance coverage indicating the particulars of such coverage; d) I am a registered professional; and e) I will notify the building official in writing immediately if the undersigned's insurance coverage is reduced or terminated at any time during construction. {00772178; 2 }56 Name (PRINT) Signature Date Address (PRINT) (Affix professional seal here) Phone (If the registered professional is a member of a firm, complete the following) I am a member of this firm: Name of Firm (PRINT) Address (PRINT) I sign this letter on behalf of myself and the firm. Note: This Confirmation letter must be signed by a registered professional. The BC Building Code defines a registered professional as a person who is registered or licensed to practice (a) as an architect under the Architects Act, or (b) as a professional engineer under the Engineers and Geoscientists Act {00772178; 2 }57 Sffiither BUILDING BYLAW APPENDIX G- CONFIRMATION OF REQUIRED DOCUMENTATION Building Permit Number: _ Note: 1. The Confirmation of Required Documentation and all required documentation must be submitted to the Building Inspector 48 hours prior to the Pre-Occupancy Coordinated Review. 2. The Confirmation of Required Documentation and all required documentation must be submitted in a tabbed ringed binder, with tab sections as per this Appendix. "'O ~ "'O .... ~ ~ 'z TAB 1 TAB2 --- TAB 3 CONFIRMATION OF REQUIRED DOCUMENTATION DIRECTORY OF PRINCIPALS (Role/Firm/Name/Telephone) Owner Co-ordinating Registered Professional Registered Professionals Warranty Provided Licensed Builder Sub-Contractors LETTERS OF ASSURANCE (A, B, C-A, C-B) Co-ordinating Registered Professional Architectural Structural Mechanical Plumbing Electrical Geotechnical Temporary Geotechnical Permanent Fire Suppression {00772178; 2 }58 (other) TAB4 PROFESSIONAL REVIEW LETTERS Alternative Solution (Confirmation of Field Review - sealed) Site Services - Civil Engineer Building Envelope Specialist Roofing Consultant Generator Test Report/ Certificate (Other - specify) (Other - specify) TAB 5 FIRE ALARM Fire Alarm Verification Certificate (include field work sheets) Letter of Signed Contract from ULC Listed Monitoring Agency TAB6 SPRINKLER SYSTEMS Material and Test Certificate - Above ground piping Material and Test Certificate - Underground piping Fire Pump Test Report TAB 7 PROVINCIAL APPROVALS Certificate to Operate Elevating Device (one per each device) Health Approval (on-site sewage disposal) Health Approval (food services) TAB 8 TOWN APPROVALS Sprinkler Permit - Pre-occupancy Co-ordinated Review Fire Department Acceptance (Fire Safety Plan) Final Inspection (Building Inspector- pre-occupancy review) Developmental Engineering Final Inspection Planning Technicians Final Inspection TAB 9 DEFICIENCY LIST {00772178; 2 }59 Submitted by Coordinating Registered Professional Name (PRINT) Signature Date Address (PRINT) Phone {00772178; 2 }60 Slfiither BUILDING BYLAW APPENDIX H - OFFENCES COLUMN 1 COLUMN 2 COLUMN 3 DESIGNATED EXPRESSION SECTION FINE Interference with building official's right of entry 6.6 $500 Construction without building permit 4.1 $300 Demolition without building permit 4.1 $300 Moving building without building permit 4.1 $300 Failure to having permit and supporting 7.3 $200 documents on site Failure to post civic address 13.1 $200 Failure to comply with permit conditions 5.4 $300 Failure to obtain final inspection notice 10.34 $300 Failure to obtain building official's written 10.34 $300 acceptance prior to concealing work Failure to stop work after a registered 10.41 $300 professional's services are terminated Violation of Stop Work Order 10.42 $500 Violation of Do Not Occupy Notice 10.46 $500 {00772178; 2 }61 Sifiither BUILDING BYLAW APPENDIX I - STOP WORK ORDER STOP WORK ORDER PURSUANT TO THE SMITHERS BUILDING BYLAW, ALL WORK ON THE BUILDING WHEREUPON THIS NOTICE IS POSTED IS SUSPENDED BY ORDER OF THE BUILDING INSPECTOR. PARTICULARS MAY BE OBTAINED AT THE OFFICE OF THE BUILDING INSPECTOR, MUNICIPAL HALL. ANY PERSON WHO FAILS TO COMPLY WITH THIS ORDER WILL BE GUil TY OF AN OFFENCE AGAINST AND AN INFRACTION OF THE BYLAW AFORESAID FOR WHICH A PENALTY OF UP TO $2000 AND THE COSTS OF PROSECUTION MAY BE IMPOSED. IT IS UNLAWFUL FOR ANY PERSON TO ALTER OR REMOVE THIS NOTICE. DATE BUILDING INSPECTOR {00772178; 2 }62 Sifiither BUILDING BYLAW APPENDIX J - DO NOT OCCUPY DO NOT OCCUPY PURSUANT TO THE SMITHERS BUILDING BYLAW, THE BUILDING OR STRUCTURE WHEREUPON THIS NOTICE IS POSTED SHALL NOT BE OCCUPIED OR OTHERWISE USED BY ORDER OF THE BUILDING INSPECTOR. PARTICULARS MAY BE OBTAINED AT THE OFFICE OF THE BUILDING INSPECTOR, MUNICIPAL HALL. ANY PERSON WHO FAILS TO COMPLY WITH THIS ORDER WILL BE GUil TY OF AN OFFENCE AGAINST AND AN INFRACTION OF THE BYLAW AFORESAID FOR WHICH A PENALTY OF UP TO $10,000 AND THE COSTS OF PROSECUTION MAY BE IMPOSED. IT IS UNLAWFUL FOR ANY PERSON TO ALTER OR REMOVE THIS NOTICE. DATE BUILDING INSPECTOR {00772178; 2 }63