Tahsis, British Columbia
· No. 525
· adopted 2006-06-20
· summary & facts
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VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
A bylaw of the Village of Tahsis to provide for the administration
of the Building Code.
WHEREAS section 692 (1), (2) of the Local Government Act authorizes the Village of
Tahsis, for the health, safety, and protection of persons and property, to regulate
the construction, alteration, repair, or demolition of building and structures by
bylaw:
AND WHEREAS the Province of British Columbia has adopted a Building Code to
govern standards in respect of the construction, alteration, repair and demolition of
building in Municipalities and Regional Districts in the Province;
AND WHEREAS it is deemed necessary to provide for the administration of the
Building Code;
NOW THEREFORE the Council of the Village of Tahsis, in open meeting
assembled, enacts as follows;
Section 1 - Citation
1.1
This Bylaw may be cited as the "Village of Tahsis Building Bylaw 525, 2006".
Section 2 - Definitions
2.1
In this Bylaw:
The following words and terms have the meanings set out in section 1.1.3.2
of the British Columbia Building Code 1998: assembly occupancy, building,
building area, building height, business and personal services occupancy,
care or detention occupancy, constructor, coordinating registered
professional, designer, field review, high hazard industrial occupancy,
industrial occupancy, low hazard industrial occupancy, major occupancy,
mercantile occupancy, medium hazard industrial occupancy, non-
combustible construction, occupancy, owner, registered professional, and
residential occupancy.
"Building Code" means the British Columbia Building Code 1998 as
adopted by the Minister pursuant to 692 (1) of the Local Government Act, as
amended or re-enacted from time to time.
"Building Official" means the person employed or contracted by the
Village to administer this Bylaw.
"Village" means the Village of Tahsis.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
"Structure" means a construction or portion thereof of any kind, whether
fixed to, supported by or sunk into land or water, but specifically excludes
landscaping, fences, paving, and retaining structures less than 1.5 meters in
height.
"Value" means the fair market value of the work proposed to be
undertaken, including materials and labour.
"Health and safety aspects of the work" means design and construction
regulated by Part 3, Part 4, and sections 9.4, 9.8, 9.9, 9.10, 9.12, 9.14, 9.15, 9.17,
9.18, 9.20, 9.21, 9.22, 9.23, 9.24, 9.31, 9.32, and 9.34 of Part 9 of of the Building
code.
"Complex (Part 3) Building" means
(a)
all buildings used for major occupancies classified as:
(i)
assembly occupancies,
(ii)
care or detention occupancies,
(iii)
high hazard industrial occupancies; and
(b)
all building exceeding 600 square meters in building area or
exceeding three storeys in building height used for major occupancies
classified as:
(i)
residential occupancies,
(ii)
business and personal services occupancies,
(iii)
mercantile occupancies,
(iv)
medium and low hazard industrial occupancies.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
"Standard (Part 9) Building" means a building of three storeys or less in
building height, having a building area not exceeding 600 square meters and
used for major occupancies classified as:
(i)
residential occupancies,
(ii)
business and personal services occupancies,
(iii)
mercantile occupancies, or
(iv)
medium and low hazard industrial occupancies.
Section 3 - Purpose of Bylaw
3.1
This Bylaw, shall, notwithstanding any other provision herein, be
interpreted in accordance with this section.
3.2
This Bylaw has been enacted for the purpose of regulating
construction within the Village in the general public interest. The
activities undertaken by or on behalf of the Village pursuant to this
Bylaw are for the sole purpose of providing a limited and interim
spot checking function for reason of health, safety, and the protection
of persons and property. It is not contemplated nor intended, nor
does the purpose of the Bylaw extend:
3.2.1
to the protection of owners, owner/builders or constructors
from economic loss;
3.2.2
to the assumption by the Village or a Building Official of any
responsibility for ensuring the compliance by any owner, his
or her representatives or any employees, constructors or
designers retained by him or her , with the Building Code, the
requirements of this Bylaw or other applicable enactments
respecting safety;
3.2.3
to 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;
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
3.2.4
to providing a warranty or assurance that construction
undertaken pursuant to building permits issued by the Village
is free from latent, or any defects;
3.2.5
to providing to any person a warranty that construction is in
compliance with the Building Code, this Bylaw or any other
enactment with respect to a building or structure for which a
building permit or occupancy permit is issued under this
Bylaw.
Section 4 - Permit Conditions
4.1
A permit is required whenever work regulated under this Bylaw is to be
undertaken.
4.2
Neither the issuance of a permit under this Bylaw nor the acceptance or
review of plans, drawings or specifications or supporting documents, nor
any inspections made by or on behalf of the Village shall in any way relieve
the owner or his or her representatives from full and sole responsibility to
perform the work in strict accordance with the Building Code, the
requirements of this Bylaw or other applicable enactments respecting safety.
4.3
It shall be the full and sole responsibility of the owner (and where the owner
is acting through a representative, the representative) to carry out the work
in respect of which the permit was issued in compliance with the Building
Code, this Bylaw and other applicable enactments respecting safety.
4.4
Neither the issuance of a permit under this Bylaw nor the acceptance or
review of plans, drawings or specifications or supporting documents,
nor any inspections made by or on behalf of the Village constitute in any
way a representation, warranty, assurance or statement that the Building
Code, this Bylaw or other applicable enactments respecting safety have been
complied with.
4.5
No person shall rely upon any permit as establishing compliance with this
Bylaw or assume or conclude that this Bylaw has been administered or
enforced according to its terms. The person to whom the building permit is
issued and his or her representatives are responsible for making such
determination.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
Section 5 - Scope and Exemptions
5.1
This Bylaw applies to the design, construction and occupancy of new
buildings and structures, and the alteration, reconstruction, demolition,
removal, relocation, change of occupancy and occupancy of existing
buildings and structures.
5.2
This Bylaw does not apply:
(a)
to buildings or structures exempted by Part 1 of the Building Code
except as expressly provided herein;
(b)
to retaining structures less than 1.5 meters in height;
(c)
to the clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures, when such repairs do not involve or require the
replacement or rearrangement of valves, pipes, fixtures or hot water
tanks.
Section 6 - Prohibition
6.1
No person shall commence or continue any construction, alteration,
placement, reconstruction, demolition, removal or relocation or change the
occupancy of any building or structure, including evacuation or other work
related to construction, unless a Building Official has issued a valid and
subsisting permit for the work.
6.2
No person shall occupy or use any building or structure:
(a)
unless a valid and subsisting occupancy permit has been issued by a
Building Official for the building or structure; or
(b)
contrary to the terms of any permit issued or any notice given by a
Building Official.
6.3
No person shall knowingly submit false or misleading information to a
Building Official in relation to any permit application or construction
undertaken pursuant to this Bylaw.
6.4
No person shall, unless authorized in writing by a Building Official, reverse,
alter, deface, cover, remove or in any way temper with any notice, permit or
certificate posted upon or affixed to a building or structure pursuant to this
Bylaw.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
6.5
No person shall 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 accepted in writing by
a Building Official.
6.6
No person shall obstruct the entry of a Building Official or other authorized
official of the Village on property in the administration of this Bylaw.
Section 7 - Building Officials
7.1
A Building Official may:
7.1.1
administer this Bylaw
7.1.2
keep records of permit applications, permits, notices and orders
issued, inspections and tests made, and shall retain copies of all
documents related to the administration of this Bylaw or microfilm
copies of such documents;
7.1.3
establish, if requested to do so, whether the methods or types of
construction and types of materials used in the construction of a
building or structure for which a permit is sought under this Bylaw
substantially conform to the requirement of the building Code.
7.2
A Building Official;
7.2.1
may enter any land, building, structure or premises at all reasonable
times to ascertain whether the requirements of this Bylaw are being
met and its regulations are being observed;
7.2.2 where any residence is occupied, shall obtain the consent of the
occupant or provide written notice to the occupant 24 hours in
advance of entry; and
7.2.3
shall carry proper credential confirming his or her status as a
Building Official.
7.3
A Building Official may order the correction of any work that is being or has
been done in the contravention of this bylaw.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
7.4
If the cessation of work has been ordered under section 32.3 of this Bylaw, a
Building Official may authorize the work to continue when the
contravention has been corrected.
Section 8 - Applications
8.1
Unless exempted by section 5.2 of this Bylaw, a person shall apply for and
obtain:
8.1.1
a building permit before construction, repairing or altering a building
or structure;
8.1.2
a moving permit before moving a building or structure;
8.1.3
a demolition permit before demolishing a building or structure
8.1.4
a fireplace and chimney permit prior to the construction of a
masonry fireplace or the installation of a wood burning appliance or
chimney unless the works are included in a valid and subsisting
building permit.
8.2
An application for a permit required under this Bylaw shall be made in the
form provided by the Building Official.
8.3
All plans submitted with permit applications shall bear the name and
address of the designer of the building or structure.
8.4
Each building or structure to be constructed on a site requires a separate
building permit and shall be assessed a separate building permit fee
calculated as prescribed in Schedule "A" to this bylaw.
8.5
The Building Official may require a geotechnical report completed by a
qualified professional as per the regulations in Section 56 of the Community
Charter and/or a Riparian Areas report as per Riparian Areas Regulations
set out by the Province and completed by a qualified professional as
regulated in any other Bylaws of the Village or other enactments.
9.0
Application for Complex Buildings
9.1
An application for a building permit with respect to a Complex Building
shall be made as per Schedule "B" to this bylaw:
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
10
Application for Standard Buildings
10.1
An application for a building permit with respect to a Standard
Building shall be made as per Schedule "C" of this bylaw.
11.
Professional Plan Certification
11.1
The letters of assurance in the form of Schedules B-1 and B-2 referred to in
section 2.6 or Part 2 of the Building code and provided pursuant to sections
9.1.11, 10.1.10, 10.2.5 and 15.1 of this Bylaw are relied upon by the Village
and its Building Officials as certification that the design and plans to which
the letters of assurance relate comply with the Building Code and other
applicable enactments relating to safety.
11.2
A building permit issued for the construction of a complex Building, or for a
Standard building for which a Building Official required professional design
pursuant to section 10.2.4 and letter of assurance pursuant to section 10.2.5
of this bylaw, shall be in the form required by the Village.
11.3
A building permit issued pursuant to section 11.2 of this Bylaw shall include
a notice to the owner that the building permit is issued in reliance upon the
certification of the registered professionals that the design and plans
submitted in support of the application for the building permit comply with
the Building Code and other applicable enactments relating to safety.
11.4
When a building permit is issued in accordance with section 11.2 of this
Bylaw the permit fee shall be reduced by 50% of the fees payable pursuant
to Schedule "A" to the bylaw.
12
Fees and charges
12.1
In addition to the applicable fees and charges required under other bylaws,
a permit fee, prescribed and calculated in accordance with Schedule "A" to
this Bylaw, shall be paid in full prior to the issuance of any permit under this
Bylaw.
12.2
The applicable plan-processing fee prescribed in Schedule "A" shall
accompany an application made for a building permit to this Bylaw:
12.2.1 the plan-processing fee is non-refundable and shall be credited
against the building permit fee when the building permit is issued.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
12.2.2 an application shall be cancelled and the plan-processing fee forfeited
if the building permit has not been issued and if the permit fee is not
paid within 180 days of the date of written notification to the owner
that the permit is ready to be issued.
12.2.3 when an application is cancelled the plans and related documents
submitted with the application may be destroyed.
12.3
The owner may obtain a refund of the permit fees prescribed in Schedule
"A" to this Bylaw when a permit is surrendered and cancelled before any
construction begins, but the refund shall not include the plan-processing fee
paid pursuant to section 12.2 of this Bylaw.
12.4
Where, due to non-compliance with this Bylaw, more than two inspections
are necessary when one inspection is normally required, for each inspection
after the second inspection, the re-inspection charge prescribed in Schedule
"A" to this Bylaw shall be paid prior to additional inspections being
performed.
13
Building Permits
13.1
When:
13.1.1
a completed application, including all required supporting
documentation has been submitted;
13.1.2
the proposed work set out in the application substantially
conforms to the Building code, this Bylaw and all other
applicable bylaws and enactment respecting safety;
13.1.3
the owner or the owner's representative has paid all applicable
fees prescribed under section 12.1 of this bylaw;
13.1.4
the owner or the owner's representative has paid all charges
and met all requirements imposed by any other enactment or
bylaw;
13.1.5
no enactment, covenant, agreement, or regulation favouring or
enacted by the Village authorizes the permit to be withheld or
prevents it from being issued;
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
13.1.6
the owner has retained a professional engineer or geoscientist
if required by the Engineers and Geoscientist Act and the
Community Charter or Bylaw of the Village or other enactment;
13.1.7
the owner has retained an architect if required by the
Architects Act;
a Building Official shall issue the permit for which the application is made.
13.2
When the application is in respect of a building that includes, or will
include, a residential occupancy, the building permit must not be issued
unless the owner provides the evidence required by section 30(1) of the
Homeowner Protection Act, S.B.C. 1998, c.31 and amendments thereto.
13.3
Except as otherwise provided in section 25.3, every permit is issued upon
the condition that the permit shall expire and the rights of the owner under
the permit shall terminate if:
13.3.1 the work authorized by the permit is not commences within six (6)
months from the date of issuance of the permit;
13.3.2 work is discontinued for a period of more than one (1) year; or
13.3.3 the exterior finish of the building is not completed within eighteen
(18) months from the date of issuance of the permit.
13.4
A Building Official may issue a foundation permit prior to the issuance of a
building permit.
13.5
A Building Official may issue a building permit for a portion of a building or
structure before the design, plans and specifications for the entire building
or structure have been accepted, provided sufficient information has been
provided to the Village to demonstrate to the Building Official that the
portion authorized to be constructed substantially complies with the
Building Code, and with this and other applicable bylaws, and provided the
permit fee applicable to that portion of the building or structure has been
paid. The issuance of the permit notwithstanding, the requirements of this
Bylaw apply to the remainder of the building or structure as if the permit for
the portion of the building or structure had not been issued.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
13.6
When a site has been excavated under an excavation permit issued pursuant
to section 13.4 of the bylaw and a building permit is not subsequently issued
or a subsisting building permit has expired in accordance with the
requirements of section 13.3, but without the construction of the building or
structure for which the building permit was issued having commenced, the
owner shall fill in the excavation to restore the original gradients of the site
within sixty (60) days of being served notice by the Village to do so.
14.0
Disclaimer of Warranty or Representation
14.1
Neither the issuance of a permit under this Bylaw, the review and
acceptance of the design, drawing, plans or specifications, nor inspections
made by the Building Official, shall constitute a representation or warranty
that the Building Code or this Bylaw have been complied with or that the
building or structure meets any standard of materials or workmanship.
14.2
No person shall rely on the issuance of a permit under this bylaw, the
review or acceptance of the design, drawings, plans or specifications nor any
inspection made by a Building Official as establishing compliance with the
Building Code or this Bylaw or any standard of construction, materials or
workmanship.
15.0
Professional Design and Field Review
15.1
When a Building Official considers that the site conditions, size or
complexity of a development or an aspect of a development warrant, he or
she may require a registered professional to provide design and plan
certification and field review by means of letters of assurance in the form of
Schedules "B-1", "B-2", and "C-8" referred to in section 2.6 of Part 2 of the
Building Code.
15.2
Prior to the issuance of an occupancy permit for a Complex Building, or a
Standard Building in circumstances where letters of assurance have been
required in accordance with sections 10.1.10, 10.2.5, or 15.1 of this Bylaw, the
owner shall provide the Village with letters of assurance in the form of
Schedules "C-A" or "C-B", as is appropriate, referred to in section 2.6 of Part
2 of the Building Code.
15.3
When a registered professional provides letters of assurance in accordance
with section 9.1.11, 10.1.10, 10.2.5, 15.1 or 15.2 of this bylaw, he or she shall
also provide proof of professional liability insurance to the Building Official
in the form provided by the Building Official.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
16.0
Responsibilities of the Owner
16.1
Every owner shall ensure that all construction complies with the Building
Code, this Bylaw and other applicable enactments respecting safety.
16.2
Every owner to whom a permit is issued shall, during construction:
16.2.1
post and maintain the permit in a conspicuous place on the
property in respect of which the permit is issued;
16.2.2
keep a copy of the accepted designs, plans and specification on
the property; and
16.2.3
post the civic address on the property in a location visible
from any adjoining streets.
17.0
Inspections
17.1
When a registered professional provides letters of assurance in accordance
with sections 9.1.11, 10.1.10, 10.2.5 or 15.1 of the Bylaw, the Village will rely
solely on field reviews undertaken by the registered professional and the
letters of assurance submitted pursuant to section 15.2 of this Bylaw as
certification that the construction substantially conforms to the design, plans
and specifications and that the construction complies with the building code,
this Bylaw and other applicable enactments respecting safety.
17.2
Notwithstanding section 17.1 of this Bylaw, a Building Official may attend
the site from time to time during the course of construction to ascertain that
the field reviews are taking place and to monitor the field reviews
undertaken by the registered professionals.
17.3
In addition to the inspections required under section 17.4, a Building Official
may attend at the site of the construction of standard buildings or structures
to ascertain whether the health and safety aspects of the work are being
carried out in substantial conformance with those portions of the Building
Code, this Bylaw and any other applicable enactment concerning safety.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
17.4
The owner, or the owner's representative, shall give at least two week's
notice to the Village when requesting an inspection and shall obtain an
inspection and receive a Building Official's acceptance of the following
aspects of the work prior to concealing them:
17.4.1
installation of perimeter drain tile and damp-proofing, prior to
backfilling;
17.4.2
the preparation of ground, including ground cover, when
required, prior to the placing of a concrete slab;
17.4.3
rough in of factory built chimneys and fireplaces and solid
fuel burning applications;
17.4.4
the framing and sheathing
17.4.5
duct work, roughed-in plumbing or gas venting
17.4.6
insulation and vapour barrier
17.4.7
when the building or structure is substantially complete and
ready for occupancy, but before occupancy takes place of the
whole or part of the building or structure.
17.5
No aspect of work referred in 17.4 of this Bylaw shall be concealed until a
Building Official has accepted it in writing.
17.6
The requirements of section 17.4 of this Bylaw do not apply to any aspect of
the work that is subject of a registered professional's letter of assurance
provided in accordance with sections of 9.1.11, 10.1.10, 10.2.5, 15.1 or 15.2 of
this Bylaw.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
18.0
Occupancy Permits
18.1
No person shall occupy a building or structure or part of a building or
structure or change the class of occupancy of a building or structure until an
occupancy permit has been issued in the form provided by the Village
18.2
An occupancy permit shall not be issued unless:
18.2.1
all letters of assurance have been submitted when required in
accordance with section 9.1.11, 10.1.10, 10.2.5, 15.1, and 15.2 of
this Bylaw; and
18.2.2
all aspects of the work requiring inspection and an
acceptance pursuant to section 17.4 of this Bylaw have been
inspected and accepted.
18.3
A Building Official may issue an occupancy permit for part of
a building or structure when that part of the building or
structure is self-contained, is provided with essential services
and meets the requirements as set out in section 18.2 of this
Bylaw.
19.0
Retaining Structures
19.1
A registered professional shall undertake the design and conduct field
reviews of the construction of a retaining structure greater than 1.5 meters in
height. Sealed copies of the design plan and field review reports prepared
by the registered professional for all retaining structure greater than 1.5
meters in height shall be submitted to a Building Official prior to acceptance
of the works of the Building Official.
20.0
Bonding Against Damage to Highway
20.1
Where an owner will, in the course of construction of the building for which
a permit is issued:
(a)
be excavating upon the property;
(b)
be bringing heavy equipment onto the site from the adjacent
roadway; or
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
(c)
be transporting materials from or to the site across a curb or ditch
where no boulevard crossing has been constructed;
the owner must deposit to the Village a sum of money sufficient to pay for
the costs of repairing any damage likely to be done to the adjacent highway,
or public utilities located in or on the adjacent highway, during the course of
construction.
20.2
The sum of money required by subsection 20.1 herein shall be as specified
in Schedule "A 2" to this Bylaw, and shall be deposited with the Village in
the form of cash, certified cheque or Irrevocable Letter of Credit in the
Village's standard format from a Chartered Bank of Canada, prior to the
issuance of the building permit.
20.3
Where it is deemed necessary by the Public Works Manager or a Building
Official to sweep the streets due to construction activities in connection with
or under a building permit, there shall be deducted from the monies on
deposit the fee for the sweeping of streets as set out in Schedule "A 2" to this
Bylaw.
20.4
Where a highway, or a public utility on or adjacent to a highway, has been
damaged by any work undertaken in connection with or under a building
permit, and where the owner fails to clean up or repair the highway or
public utility, or cause the highway or public utility to be cleaned up or
repaired in a manner satisfactory to the Public Works Manager within
fourteen (14) days of being notified to do so by the Public Works Manager or
Building Official, then the Village or its authorized agents shall carry out
such repairs or clean up as is deemed necessary by the Pubic Works
Manager and may use the security provided by the owner under section
20.2 to pay the costs of such repairs or cleanup.
20.5
Should there be an insufficiency of monies on deposit with the Village, then
the owner shall be liable for payment, and shall pay forthwith, upon invoice,
the balance that is required by the Village to carry out or cause to be carried
out, the necessary repairs, clean up or highway reconstruction, together with
an administration charge of twenty-five ($25.00) dollars.
20.6
Sections 20.1 to 20.5 inclusive shall not apply to property that is not serviced
by underground municipal utilities or a paved road.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
21.0
Driveway Access
21.1
No person shall construct any driveway or other access to any building from
any street without a permit from the Building Official approving the
location and grade of the driveway or other access.
21.2
No person shall install a culvert unless a permit has been obtained under
this Bylaw for that purpose. No permit for the installation of any culvert
shall be issued unless the location, size, line grade, length and type of pipe is
approved by the Building Official. The culvert shall be bedded upon
acceptable bedding material and backfilled with approved pit run gravel or
better. The minimum length for a driveway culvert shall be six (6) meters.
22.0
Application for Modular Homes
22.1
An application for a building permit with respect to a modular home shall
be made as per Schedule "D" of this bylaw:
23.0
Mobile Homes
23.1
An application for a building permit with respect to a mobile home shall
be made as per Schedule "E" of this bylaw:
24.0
Park Model Trailers
24.1
General
All park model trailers and components that are placed on a parcel within
the Village shall be certified, at the time of manufacture, by the Canadian
Standards Association as complying with CAN/CSA Z241,10.1 " Site
Preparation, Foundation and Anchorage of Mobile Homes".
24.2
Installation
The installation of park model trailers shall conform to:
(a)
the manufacturer's installation instructions; or
(b)
CSA Z240,10.1 "Site Preparation, Foundation and Anchorage of
Mobile Homes".
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
25.0
Moving Buildings
25.1
No person shall move a building or structure into the Village, or from place
to place within the Village, unless he or she has a valid and subsisting
permit issued by the Building Official. The fees for such a permit shall be
as prescribed and set forth in Schedule "A" attached hereto.
25.2
The Building Official shall not issue a permit as required in subsection 25.1
unless there has been produced a certificate, signed by a registered
professional, certifying that the building or structure substantially conforms
to the health and safety aspects of the Building Code (as defined in Part 20.0
of this Bylaw) in all respects.
25.3
No building or structure may be relocated within the Village unless it meets
the following conditions:
(a)
it has a value when completed of not less than 100% of the average of
all building within a 50 meter radius of the lot which it is to be
located;
(b)
it must be placed on a permanent foundation within three (3) months
from the date of issuing the permit;
(c)
all construction must be completed within twelve (12) months of
issuing the permit;
(d)
the owner must provide cash or letter of credit equivalent to 125% of
the value of the work performed as a guarantee that the building
exterior is completed within twelve (12) months of issuing the permit.
28 Fire Limit Areas
28.1
An application for a building permit with respect to a Fire Limit Areas
shall be made as per Schedule "F" of this bylaw:
29.
Plumbing Permits - Qualifications of Applications
29.1
No permit for the installation, repair or replacement of plumbing in any
building shall be issued unless the applicant:
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
(a)
possesses a British Columbia tradesman's qualification certificate as
plumber; or
(b)
is the registered owner and occupier of the singe family dwelling in
which the plumbing is to be installed, repaired or replaced, provided
that the Building Official has been provided with proof that the
owner is able to satisfactorily complete the proposed work.
30.0
Permits, Applications and Forms
30.1
A Building Official may from time to time prescribe the form of application,
permit, stop work notice, do not occupy notice, and other forms required for
the purpose of administering this Bylaw.
31.0
Cancellation of Permit
31.1
A Building Official may revoke a permit issued under this Bylaw where:
31.1.1
the application for the permit contained false or misleading
information;
31.1.2
there is a contravention of a provision of this Bylaw or the
Building Code
31.2
The revocation of a permit must be in writing and delivered to the owner in
person or by registered mail.
31.3
An owner may, within 14 days of delivery of the notice of revocation, apply
to the Village Council for a reconsideration of the decision of the Building
Official to revoke the owner's permit.
32.0
Penalties and Enforcement
32.1
Every person who contravenes any provision of this Bylaw commits an
offence punishable on summary conviction and shall be liable to a fine of not
more than Ten Thousand ($10,000.00) Dollars or to imprisonment for not
more than six (6) months.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
32.2
A person who fails to comply with an order or notice issued by a Building
Official or who allows a violation of this Bylaw to continue, despite that
order or notice, commits an offence.
32.3
A Building Official may order the cessation of any work that is proceeding
in contravention of the Building code or this Bylaw by posting a Stop Work
notice on the site of work.
32.4
The owner of property on which a Stop Work notice has been posted, and
every other person, shall cease all construction work immediately and shall
not do any work until all applicable provisions of this Bylaw have been
substantially complied with and the Stop Work notice has been rescinded in
writing by a Building Official.
32.5
Where a person occupies a building or structure or part of a building or
structure in contravention of section 6.2 of this Bylaw a Building Official
may post a Do Not Occupy notice on the affected part of the building or
structure.
32.6
The owner of property on which a Do Not Occupy notice has been posted,
and every person, shall cease occupancy of the building or structure
immediately and shall refrain from further occupancy until all applicable
provision 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.
32.7
Every person who commences work requiring a building permit without
first obtaining such a permit shall, pay an additional charge equal to double
of the building permit fee prior to obtaining the required building permit.
33.0
Severability
33.1
The provisions of this Bylaw are severable and the invalidity of any part of
this bylaw shall not affect the validity of the remainder of this Bylaw.
34.0
Schedules and Appendices
34.1
Schedules "A" through "F" attached to this Bylaw forms a part of and is
enforceable in the same manner as this Bylaw.
VILLAGE OF TAHSIS
BUILDING BYLAW NO. 525, 2006
35.0
Transitional
35.1
The provisions of this Bylaw apply to every building permit for which an
application is received after the date of adoption of this bylaw.
35.2
The provision of the Village of Tahsis Building Bylaw No. 4 1970 shall
continue to apply to all building permits issued before the adoption of this
Bylaw and in respect of which:
(a)
the permit has not been cancelled; or
(b)
an occupancy permit for the work authorized by the permit
has not been issued.
36.0
Repeal Bylaw
36.1
Except to the extent provided in section 35.2, Village of Tahsis Building
Bylaw No. 4 1970, and any other amendments thereto, is hereby repealed in
its entirety.
This bylaw may be cited for all purposes as the "Village of Tahsis
Building Bylaw 525-2006.
READ for the first time this 19th day of June, 2006.
READ for the second time this 19th day of June, 2006.
READ for the third time this 19th day of June, 2006.
RECONSIDERED, finally passed and adopted this 20th day of June, 2006
Mayor
Deputy Director of Corporate
Administration
I hereby certify that the foregoing is a
true and correct copy of the original
Bylaw No. 525 2006 duly passed by the
Council of the Village of Tahsis on this
20th day of June, 2006.
Deputy
Director
of
Corporate
Administration