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Village of Telkwa Building Bylaw No. 533, 2003
INDEX OF AMENDING BYLAWS
This document has been reproduced for convenience only and is a consolidation of
the "Village of Telkwa Building Bylaw No. 533" with the following amending bylaws:
Amendment Bylaw
Adopted Date
No. 766
April 25, 2023
No. 733
February 23, 2021
No. 717
November 12, 2020
NOTE TO USER
WHEREAS each bylaw consolidation shall be proof, in the absence of evidence to the
contrary, of the original bylaw, of all bylaws amending it and of the fact of adoption of
the original and all amending bylaws, pursuant to the "Village of Telkwa Consolidation
of Bylaws Authorization Bylaw No. 711, 2020", which was adopted on the 10th day of
November, 2020;
This consolidation is hereby certified to be a true and correct copy, this 1st day of May,
2023.
____________________________
Corporate Officer
Village of Telkwa
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THE CORPORATION OF THE VILLAGE OF TELKWA
BUILDING BYLAW NO. 533, 2003
A bylaw for the administration of the British Columbia Building Code
WHEREAS section 694 (1) of the Local Government Act authorizes the Village of Telkwa
for the health, safety and protection of persons and property to regulate the construction,
alteration, repair, or demolition of buildings 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 buildings 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 TELKWA, in open meeting
assembled, enacts as follows:
1. TITLE
1.1 This bylaw may be cited for all purposes as the "Village of Telkwa Building Bylaw
No. 533".
2. DEFINITIONS
2.1 In this bylaw:
The following words and terms have the meanings set out in Section 1.4.1.2. Defined
Terms of the British Columbia Building Code 2018: 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, occupancy, owner, registered professional, and residential
occupancy.
"Building" means any structure used or intended for supporting or sheltering any use
or occupancy.
"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.
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"Building Official" includes Building Inspectors, Plan Checkers and Plumbing
Inspectors designated by the Village of Telkwa.
"Building Permit" means those certain documents authorizing construction, the
forms of which are set out in Schedules which are attached to and form part of this
Bylaw.
"Bylaw Enforcement Officer" means the person appointed by the Village as Bylaw
Enforcement Officer for the Village;
"Complex 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 buildings 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.
"Health and safety aspects of the work" means design and construction regulated
by Part 1, Part 2 Part 3, Part 4, Part 6, Part 7 and sections 9.4, 9.7, 9.8, 9.9, 9.10,
9.13, 9.14, 9.15, 9.17, 9.18, 9.19 9.20, 9.21, 9.22, 9.23, 9.24, 9.25, 9.31, 9.32, 9.34,
and 9.36 of Part 9 of the Building Code.
"Standard 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
(a) residential occupancies,
(b) business and personal services occupancies,
(c) mercantile occupancies, or
(d) medium and low hazard industrial occupancies.
"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 and not supporting an
occupancy.
"Temporary" refers to a structure intended to be erected or placed on a parcel of land
for twenty-four months or less;
"Village" means the Village of Telkwa or the geographical area within its boundaries,
as the context requires;
"Value" means the figure which is:
(a) the contract price for all construction work, or
(b) the figure stated by the applicant of the value of the work shown on the
application and acceptable to the Building Inspector.
3. PURPOSE OF BYLAW
3.1 The 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 of Telkwa in the interest of the general public. The activities undertaken by
or on behalf of the Village of Telkwa pursuant to this bylaw are for the sole purpose
of providing a limited and interim spot-checking function for reasons of health,
safety and the protection of persons and property. It is not contemplated nor
intended, nor does the purpose of this 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 of Telkwa or any 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;
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3.2.4 To providing a warranty or assurance that construction undertaken
pursuant to building permits issued by the Village of Telkwa is free from
latent, or any defects.
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 supporting documents, nor any inspections made by or on
behalf of the Village of Telkwa 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 this bylaw, the Building Code and 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 and this bylaw
or 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 of Telkwa 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.
4.6 Any owner of Property for which a Permit is issued shall be responsible or the
cost of repair of any damage to municipal works or property that occurs as a
result of work performed under the permit.
4.7 Any owner of property for which a Permit is issued shall conform to all
requirements of this part and all other statutes and bylaws in force in the Village
of Telkwa.
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
and occupancy of existing buildings and structures.
5.2 This bylaw does not apply to buildings or structures exempted by Part 1 of the
Building Code except as expressly provided herein, nor to retaining structures
less than 1.5 meters in height or that are part of a building or structure that does
not support an occupancy.
6. PROHIBITIONS
6.1 No person shall commence or continue any construction, alteration, reconstruction,
demolition, removal, relocation or change the occupancy of any building or
structure, including excavation 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 unless a valid and
subsisting occupancy permit has been issued by a building official for the building
or structure, or 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 tamper with any notice, permit or certificate
posted upon or affixed to a building or structure pursuant to this bylaw.
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 of Telkwa on property in the administration of this bylaw.
6.7 No person shall connect downspout, drains or surface runoff to a building sewer
or building drain leading to the sanitary drainage system.
7. BUILDING OFFICIALS
7.1 Each 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, electronic or digital
copies of such documents;
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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
conforms to the requirements of the Building Code.
7.2 A building official:
7.2.1 may enter any land, building, structure, or premises at any reasonable
time for the purpose of ascertaining that the terms of this bylaw 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 twenty-four (24) hours in advance
of entry; and
7.2.3 shall carry proper credentials 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 contravention of this bylaw.
8. APPLICATIONS
8.1 Every person shall apply for and obtain:
8.1.1 a building permit before constructing, repairing or altering a building or
structure;
8.1.2 a moving permit before moving a building or structure:
(a) Moving Applications & Permits shall be obtained from the Building
Inspector, by the owner (or his duly authorized agent), prior to the moving
of buildings and structures, into, out of, or within the Village;
(b) the Owner (or his duly authorized agent) is responsible for:
(i) complying with the requirements of this Bylaw regulating building,
plumbing and demolition of works and services;
(ii) complying with the requirements of any other Bylaw of the Village;
(iii) complying with the requirements of all other regulating bodies;
and
(iv) ensuring the building or structure is certified structurally sound,
for moving purposes, by a practicing engineer registered in the
Province of British Columbia.
8.1.3 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 encompassed by a valid building permit.
8.1.4 a new valid permit for any work to be completed for which a building
permit was issued where that permit has subsequently lapsed.
8.1.5 Prior to commencing any plumbing work:
(a) if not already done, arrange for connection to Village water, sanitary sewer
and storm sewer services, where services are available;
(b) arrange the plumbing to suit the location of the connection provided for the
lot by the Village;
(c) arrange for dye-testing the sanitary sewer service as witnessed by the
Building Inspector prior to backfilling the service line trench.
(d) where the Village sanitary sewer connection is not available to the
property, a sewage disposal system (approved by the Medical Health
Officer) must be installed.
8.1.6 a demolition permit before demolishing a building or structure;
(a) demolition is sought or required by Bylaw, or by regulation, for any building,
structure, works or services, and includes underground piping, foundations
and tanks;
(b) every applicant for a demolition permit shall submit a Site Profile in
accordance with the Contaminated Sites Regulation, B.C. Reg. 375/96.
Sections I, II, III and XI of the Site Profile must be completed in all cases,
even if the applicant would otherwise be exempt from submitting a Site
Profile under B.C. Reg. 375/96. Site Profiles must be submitted on the form
prescribed in B.C. Reg. 375/96; When a Site Profile has been forwarded to
a "manager" as per B.C. Reg. 375/96, an application for a demolition permit
under this bylaw shall not proceed until the said "manager" has advised the
municipality that a site investigation under Section 20.2 of the Waste
Management Act will not be required, or until the municipality has received
a valid and subsisting approval in principle, conditional certificate of
compliance, or certificate of compliance under Section 20.71 of the Waste
Management Act.";
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(c) the owner (or his duly authorized agent) and the Contractor shall abide by
the following requirements:
(i) arrange for the Village to disconnect and cap water and sewer
service lines to the property, prior to demolition;
(ii) arrange disconnection of all power, telephone and gas lines, prior
to demolition;
(iii) obtain from the Village any additional permits required for street
closures, and notify all regulating bodies, prior to demolition;
(iv) protect, as per Building Code Requirements (Part 8 "Safety
Measures and Construction and Demolition Sites") all public
sidewalks, thoroughfares and streets, prior to demolition;
(v) remove all demolition materials and foundations from the site, fill
and level all excavations, and leave the site in a tidy manner;
(vi) damages to utilities, adjoining properties and all liabilities during
demolition are the responsibility of the Owner (or his duly
authorized agent) and the Contractor;
(vii) ensure compliance with Heritage Bylaws(s), where applicable;
and
(viii) all above items are to be fully complied with within ninety (90)
days of the date of issuance of the Demolition Application &
Permit.
8.2 An application for a moving permit shall be made in the form attached as "Building
Permit Application Form" to this bylaw.
8.3 An application for a demolition permit shall be made in the form attached as
"Building Permit Application Form" to this bylaw.
8.4 An application for a fireplace and chimney permit shall be made in the form
attached as "Building Permit Application Form" to this bylaw.
8.5 All plans submitted with permit applications shall bear the name and address of the
designer of the building or structure.
8.6 Each building or structure to be constructed on a site requires a separate
building permit and shall be assessed a separate building permit fee based on
the value of that building or structure as determined in accordance with the
Village of Telkwa Fees and Charges Bylaw.
9. APPLICATIONS FOR COMPLEX BUILDINGS
9.1 An application for a building permit with respect to a complex building shall;
9.1.1 be made in the form attached as "Building Permit Application Form" to this
bylaw, signed by the owner, or a signing officer if the owner is a corporation,
and the coordinating registered professional;
9.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Form "M" to this bylaw, signed
by the owner, or a signing officer if the owner is a corporation;
9.1.3 include a copy of a title search made within 30 days of the date of the
application;
9.1.4 include a site plan prepared by a British Columbia Land Surveyor, a
Registered Survey Technologist or by a Registered Professional showing:
9.1.4.1 the bearing and dimensions of the parcel taken from the registered
subdivision plan;
9.1.4.2 the legal description and civic address of the parcel;
9.1.4.3 the location and dimensions of all statutory rights of way,
easements and setback requirements;
9.1.4.4 the location and dimensions of all existing and proposed buildings
or structures on the parcel;
9.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village of Telkwa's land use regulations
establish siting requirements related to flooding;
9.1.4.6 the existing and finished ground levels to an established datum at
or adjacent to the site and the geodetic elevation of the underside
of the floor system of a building or structure where the Village of
Telkwa's land use regulations establish siting requirements related
to minimum floor elevation; and
9.1.4.7 the location, dimension and gradient of parking and driveway
access.
9.1.4.8 the building official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or
alteration of an existing building or structure.
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9.1.5 Include sufficient information on building plans to determine compliance
with this bylaw such as:
9.1.5.1 floor plans showing the dimensions and uses of all areas: 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.
9.1.5.2 a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems;
9.1.5.3 elevations of all sides of the building or structure showing finished
details, roof slopes, windows, doors, and finished grade; and
required details.
9.1.5.4 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;
9.1.5.5 mechanical information.
9.1.6 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 approval;
9.1.7 Include a letter of assurance in the form of Schedule A as referred to in
section 2.6 of Part 2 of the Building Code, signed by the owner, or a
signing officer of the owner if the owner is a corporation, and the
coordinating registered professional;
9.1.8 include letters of assurance in the form of Schedules B-1 and B-2 as
referred to in section 2.6 of Part 2 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 or structure; and
9.1.9 include three sets of drawings at a suitable scale of the design prepared
by each registered professional and including the information set out in
sections 9.1.5 - 9.1.8 of this bylaw.
9.2 In addition to the requirements of section 9.1, the following may be required by a
building official to be submitted with a building permit application for the
construction of a complex building where the complexity of the proposed building
or structure or siting circumstances warrant:
9.2.1 site servicing drawings, including sufficient detail of off-site services to
indicate locations at the property line, prepared and sealed by a registered
professional, in accordance with the Village of Telkwa's subdivision
servicing bylaw.
9.2.2 a section through the site showing grades, buildings, structures, parking
areas and driveways;
9.2.3 any other information required by the building official or the Building Code
to establish substantial compliance with this bylaw, the Building Code and
other bylaws and enactments relating to the building or structure.
10. APPLICATIONS FOR STANDARD BUILDINGS
10.1 An application for a building permit with respect to a standard building shall;
10.1.1 be made in the form attached as Form "A" to this bylaw, signed by the
owner, or a signing officer if the owner is a corporation;
10.1.2 be accompanied by the owner's acknowledgment of responsibility and
undertakings made in the form attached as Form "M" to this bylaw, signed
by the owner, or a signing officer if the owner is a corporation;
10.1.3 Include a copy of a title search made within 30 days of the date of the
application;
10.1.4 Include a site plan prepared by a British Columbia Land Surveyor, a
Registered Survey Technologist or Registered Professional showing:
10.1.4.1 the bearing and dimensions of the parcel taken from the
registered subdivision plan;
10.1.4.2 the legal description and civic address of the parcel;
10.1.4.3 the location and dimensions of all statutory rights of way,
easements and setback requirements;
10.1.4.4 the location and dimensions of all existing and proposed
buildings or structures on the parcel;
10.1.4.5 setbacks to the natural boundary of any lake, swamp, pond or
watercourse where the Village of Telkwa's land use regulations
establish siting requirements related to flooding;
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10.1.4.6 the existing and finished ground levels to an established datum
at or adjacent to the site and the geodetic elevation of the
underside of the floor system of a building or structure where the
Village of Telkwa's land use regulations establish siting
requirements related to minimum floor elevation; and
10.1.4.7 the location, dimension and gradient of parking and driveway
access.
10.1.4.8 The building official may waive the requirements for a site plan, in
whole or in part, where the permit is sought for the repair or
alteration of an existing building or structure.
10.1.5 Include floor plans showing the dimensions and uses of all areas: 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; stair dimensions;
and mechanical information such as the location and size of every drain
and of every trap or inspection piece that is on the drain.
10.1.6 Include a cross section through the building or structure illustrating
foundations, drainage, ceiling heights and construction systems; and size
and location of every soil or waste pipe, trap and vent pipe and the plans
and specifications shall contain complete design and calculation criteria
and shall contain the name and address of the Designer.
10.1.7 Include elevations of all sides of the building or structure showing finish
details, roof slopes, windows, doors, and finished grade;
10.1.8 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;
10.1.9 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 approval;
10.1.10 Include a foundation design prepared by a registered professional in
accordance with section 4.2 of Part 4 of the Building Code, accompanied
by letters of assurance in the form of Schedules B-1 and B-2 as referred
to in section 2.6 of Part 2 of the Building Code, signed by the registered
professional;
10.1.11 The requirements of section 10.1.10 may be waived by a building official
in circumstances where the building official has required a professional
engineer's report pursuant to section 699 (2) of the Local Government
Act the building permit is issued in accordance with sections 699 (5) and
(6) of the Local Government Act.
10.1.12 The requirements of section 10.1.10 may be waived by a building official
if documentation, prepared and sealed by a registered professional, is
provided assuring that the foundation design substantially complies with
section 9.4.4 of Part 9 the Building Code and the foundation excavation
substantially complies with section 9.12 of Part 9 of the Building Code.
10.1.13 The requirements of Section 10.1.10 may be waived for the
construction of a detached one and two family dwelling as well as
accessory buildings where the owner signs Form "M" acknowledging
their responsibility for the design and construction of the foundation and
supporting soils;
10.1.14 include three sets of drawings at a suitable scale of the design
containing sufficient information to determine compliance with this bylaw,
including the information set out in sections 10.1.5 - 10.1.8 and 10.1.10,
if applicable, of this bylaw.
10.2 In addition to the requirements of section 10.1, the following may be required by
a building official to be submitted with a building permit application for the
construction of a standard building where the project involves two or more
buildings, which in the aggregate total more than 1000 square meters, or two or
more buildings that will contain four or more dwelling units, or otherwise where
the complexity of the proposed building or structure or siting circumstances
warrant:
10.2.1 site servicing and drainage 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 Village of Telkwa's
subdivision servicing bylaw.
10.2.2 a section through the site showing grades, buildings, structures, parking
areas and driveways;
10.2.3 a roof plan and roof height calculations;
10.2.4 structural, electrical, mechanical or fire suppression drawings prepared
and sealed by a registered professional;
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10.2.5 letters of assurance in the form of Schedules B-1 and B-2 as referred to in
section 2.6 of Part 2 of the Building Code, signed by the registered
professional;
10.2.6 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.
11. PROFESSIONAL PLAN CERTIFICATION
11.1 The letters of assurance in the form of Schedules B-1 and B-2 referred in section
2.6 of Part 2 of the Building Code and provided pursuant to sections 9.19, 10.1.10,
10.2.5, and 15.1 of this bylaw are relied upon by the Village of Telkwa 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 appliable 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 letters of assurance pursuant to section 10.2.5 of
this bylaw shall be in the form of Form "B" to this bylaw.
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 Pursuant to Section 290 of the Local Government Act, when a building permit is
issued in accordance with section 11.2 of this bylaw the permit fee shall be
reduced by 5% of the fees payable, up to a maximum reduction of five hundred
dollars ($500.00).
12. FEES AND CHARGES
12.1 In addition to applicable fees and charges required under other bylaws, the fees
and charges under this bylaw are specified in the Village of Telkwa Fees and
Charges Bylaw.
12.2 The application fee is non-refundable.
12.3 The owner may obtain a refund of the Building Permit fee when a permit is
surrendered and cancelled before any construction begins; however,
(a) the refund shall not include the application fee; and
(b) no refund shall be made where construction has begun or an inspection
has been made.
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, a re-inspection charge as set out in the Village of Telkwa Fees
and Charges Bylaw, shall be paid prior to additional inspection being performed.
13. BUILDING PERMITS
13.1 The building official shall issue the permit for which the application is made 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 with
the Building Code, this bylaw and all other applicable Village of Telkwa
bylaws and enactment's;
13.1.3 the owner or his or her representative has paid all applicable fees set out
in including any fees for filing of a notice on title or for the closing of an
incomplete file should the permit lapse prior to the work being completed.
The administration fee will be returned if the work is completed for which
the permit has been issued and the owner receives a final inspection
report, occupancy permit, or renewal permit prior to the permit lapsing;
13.1.4 the owner or his or her representative has paid all charges and met all
requirements imposed by any other Village of Telkwa enactment or
bylaw; and
13.1.5 no enactment, covenant, agreement, or regulation in favour or, regulation
of, the Village of Telkwa authorizes the permit to be withheld.
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 evidence pursuant to section 30 (1) of the Homeowner Protection Act
that the proposed building:
13.2.1 is covered by home warranty insurance, and
13.2.2 the constructor is a licensed residential builder.
13.3 Section 13.2 of this bylaw 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.
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13.4 Every permit is issued upon the condition that the permit shall expire and the
rights of the owner under the permit shall terminate if:
13.4.1 the work authorized by the permit is not commenced within 6 months from
the date of issuance of the permit; or
13.4.2 work is discontinued for a period of 12 months; or
13.4.3 work is not completed within 2 years of permit issuance.
13.5 A building official may extend the period of time set out under sections 13.4.1
and 13.4.2 where construction has not been commenced or where
construction has been discontinued due to adverse weather, strikes, material
or labour shortages, or similar hardship beyond the owner's control.
13.6 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 of Telkwa to demonstrate to the building official that the
portion authorized to be constructed substantially complies with this and other
applicable bylaws and 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.
13.7 When a site has been excavated under an excavation permit issued pursuant
to section 13.6 of this bylaw and a building permit is not subsequently issued
or a subsisting building permit has expired in accordance with the requirements
of section 13.4, 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 30 days of
being served notice by the Village of Telkwa to do so.
14. DISCLAIMER OF WARRANTY OR REPRESENTATION
14.1 Neither the issuance of a permit under this bylaw, the review and acceptance
of the design, drawings, plans or specifications, nor inspections made by a
building official, shall constitute a representation or warranty that the Building
Code or the bylaw have been complied with or the building or structure meets
any standard of materials or workmanship, and no person shall rely on any of
those acts as establishing compliance with the Building Code or this bylaw or
any standard of construction.
15. 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 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-B
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
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 of Telkwa 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 sections 9.1.9, 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 an
acceptable form.
16. 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 be responsible for the cost of
repair of any damage to municipal works that occurs in the course of the work
authorized by the permit.
16.3 Every owner to whom a permit is issued shall, during construction:
16.3.1 post and maintain the permit in a conspicuous place on the property in
respect of which the permit was issued;
16.3.2 keep a copy of the accepted designs, plans and specifications on the
property; and
16.3.3 post the civic address on the property in a location visible from any
adjoining streets.
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17. INSPECTIONS
17.1 When a registered professional provides letters of assurance in accordance
with sections 9.1.9, 10.1.10, 10.2.5, 15.1 or 15.2 of this bylaw, the Village of
Telkwa 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 assurance that the construction substantially conforms to the
design and that the construction substantially 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 A building official may attend periodically at the site of the construction of
standard buildings or structures to ascertain whether the health and safety
aspects of the work are being carried out in substantial conformance with those
portions of the Building Code, this bylaw and any other applicable enactment
concerning safety.
17.4 The owner or his or her representative shall give at least twenty-four (24) hours
notice to the building official designated by the Village of Telkwa 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 it:
17.4.1 installation of perimeter drain tiles and damp-proofing, prior to backfilling;
17.4.2 prior to placing any concrete for the footings or foundations, the owner or
authorized agent shall notify the building official and request a site visit
to document the various aspects of the foundation and where in the
opinion of the building official, the siting regulations may be contravened,
the owner shall provide a site plan per 9.1.4 or 10.1.4;
17.4.3 installation of service lines, where applicable, per 8.1.5, prior to
backfilling;
17.4.4 The preparation of underground plumbing when required prior to the
placement of a concrete slab;
17.4.5 the preparation of ground, including ground cover, when required, prior
to the placing of a concrete slab;
17.4.6 rough in of factory-built chimneys and fireplaces and solid fuel burning
appliances;
17.4.7 the framing and sheathing;
17.4.8 insulation and vapour barrier; and
17.4.9 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 the work referred in section 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 the subject of a registered professional's letter of assurance
provided in accordance with sections 9.1.9 10.1.10, 10.2.5, 15.1 or 15.2 of this
bylaw.
18. WATER METERS
18.1 A water meter assembly, or provisions for a future water meter assembly, must
be installed in accordance with the specifications and regulations contained
within the Village of Telkwa Subdivision Servicing Bylaw and Water Regulation
Bylaw.
19. SUMPS AND INTERCEPTORS
19.1 Unless otherwise authorized by the Building Official, concrete building sumps
or prefabricated interceptors shall be installed for all buildings or structures to
collect foundation drain piping and roof or surface storm water piping, prior to
final discharge into the municipal storm drainage system and in accordance
with the Village of Telkwa Sewer Regulation Bylaw.
19.2 Concrete building sumps shall;
19.2.1 be the interlocking, lipped type,
19.2.2 if greater than 1.5 meters in depth, shall be not less than 1.0 meters in
diameter,
19.2.3 be installed flush with the finished grade and sides installed plumb to
make the lid of the sump level.
19.3 Prefabricated interceptors shall be designed and specified only by a registered
professional.
19.4 If a pump is required within the building sump, appropriate backflow preventors
will be required on the foundation drain piping to prevent backflow.
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20. ENERGY CONSERVATION
20.1 In relation to the conservation of energy, buildings may be constructed on or
after May 1, 2023 in accordance with sections 9.36.2 to 9.36.4 of Division B
of the Building Code.
21. CLIMATE DATA
21.1 Climatic data used in the design of buildings within the Village of Telkwa
municipal boundaries shall be that data provided by the building inspector
supplied on Schedule "B" of the building regulation bylaw and as revised by
the building inspector from time to time.
22. OCCUPANCY PERMITS
22.1 No person shall occupy a building or structure or part of a building or structure
until an occupancy permit has been issued in the form of Form "K" to this bylaw.
22.2 An occupancy permit shall not be issued unless:
22.2.1 All letters of assurance have been submitted when required in
accordance with sections 9.1.9 10.1.10, 10.2.5, 15.1 and 15.2 of this
bylaw.
22.2.2 All aspects of the work requiring inspection and acceptance pursuant to
section 17.4 of this bylaw have both been inspected and accepted or
the inspections and acceptance are not required in accordance with
section 17.6 of this bylaw.
22.3 A building official may issue a provisional occupancy permit for part of a
building or structure when the part of the building or structure is self-contained,
provided with essential services and the requirements set out in section 21.2
of this bylaw have been met with respect to it; the building official may require
the owner to provide cash security and determine a specified time limit for the
provisional occupancy permit.
23. RETAINING STRUCTURES
23.1 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
and supporting an occupancy. Sealed copies of the design plan and field
review reports prepared by the registered professional for all retaining
structures greater than 1.5 meters in height shall be submitted to a building
official prior to acceptance of the works.
24. PERMITS
24.1 A moving permit shall be in the form of Form "B" to this bylaw.
24.2 A demolition permit shall be in the form of Form "B" to this bylaw.
24.3 A fireplace and chimney permit shall be in the form of Form "B" to this bylaw.
24.4 A building permit shall be in the form of Form "B" to this bylaw.
25. PENALTIES AND ENFORCEMENT
25.1 Every person who contravenes any provision of this bylaw commits an offense
punishable on summary conviction and shall be liable to a fine of not more than
Ten Thousand Dollars ($10,000.00) or to imprisonment for not more than six
months.
25.2 Every person who fails to comply with any order or notice issued by a building
official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
25.3 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
in the form of Form "L" to this bylaw.
25.4 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.
25.5 Where a person occupies a building or structure or part of a building or structure
in contravention of section 6.4 of this bylaw a building official may post a Do
Not Occupy notice in the form of Form "N" to this bylaw on the affected part of
the building or structure.
25.6 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 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.
25.7 Every person who commences work requiring a building permit without first
obtaining such a permit shall, if a Stop Work notice is issued and remains
outstanding for thirty (30) days, pay an additional charge equal to twenty-five
percent (25%) of the building permit fee prior to obtaining the required building
permit.
22
26. SEVERABILITY
26.1 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.
27. FORMS AND SCHEDULES
27.1 Forms "C" through "N" attached to this bylaw form a part of this bylaw.
* Note: Forms A, B, and D-J are no longer in use.
FORMS:
A. (*form no longer in use)
B. (*form no longer in use)
C.
Inspection Report
D.
Service Connections Inspection Notice
E.
(*form no longer in use)
F.
(*form no longer in use)
G.
(*form no longer in use)
H.
(*form no longer in use)
I.
(*form no longer in use)
J.
(*form no longer in use)
K.
Occupancy Permit
L.
Stop Work Order
M.
Owners' Undertakings
N.
Do Not Occupy
27.2 Schedule "B" Climatic Data attached to this bylaw forms a part of this bylaw.
28. REPEAL
Village of Telkwa Building Bylaw No. 183, 1983 and amendments thereto are hereby
repealed.
VILLAGE OF TELKWA
BY-LAW No. 533
FORM K
OCCUPANCY PERMIT
THIS IS TO CERTIFY THAT PURSUANT TO THE TELKWA BUILDING BY-LAW,
THE BUILDING (S) OR PORTION THEREOF DESCRIBED AS FOLLOWS MAY BE
USED AND OCCUPIED AS INDICATED.
FOLIO NO. __________________
STREET ADDRESS _____________________________________________________
LEGAL DESCRIPTION: LOT: _________ BLOCK __________ PLAN __________
ISSUED TO ____________________________________________________________
ZONING _______________________________________________________________
DESCRIPTION OF USE _________________________________________________
__________________________
______________________________
DATE
BUILDING INSPECTOR
This permit confirms that inspections pursuant to the Building By-law No. 533 have been
completed and no substantive violation of health and safety requirements has been observed.
This permit is not a warranty that the subject building complies with all Municipal and
Provincial Regulations governing building construction nor that it is without defect.
VILLAGE OF TELKWA
By-Law No. 533
FORM L
STOP WORK ORDER
PURSUANT TO THE TELKWA BUILDING BY-LAW, 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
GUILTY 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
VILLAGE OF TELKWA
BY-LAW NO.533
FORM M.a.
OWNERS' UNDERTAKINGS
NOTE:
1.
To be submitted prior to the issuance of a building permit.
2.
Only an original Schedule printed by the Village of Telkwa or an unaltered photocopy of
this Form is to be completed and submitted.
________________________________________________________________________
Village of Telkwa
Box 220
Telkwa, B.C. V0J 2X0
Attention:
Building Official
Dear Sirs:
RE:
Address _____________________
Building Permit No. ___________
(the "Project")
In consideration of the Village accepting and processing the above application for a building
permit, and as required by the Village's building by-law, the following representations,
warranties and indemnities are given to the Village.
1.
That I am:
( ) the owner of the above property; or
( ) authorized by the owner of the property described above to make this
application.
2.
That I have authorized:
Name (Please Print)
Address (Please Print)
To make application for the above permit on my behalf.
3.
That I will comply with or cause those whom I employ to comply with the B.C. Building
Code and all bylaws of the Village and other statutes and regulations in force in the
Village relating to the development, work, undertaking or permission in respect of which
this application is made.
4.
That I understand and acknowledge that I am fully responsible for carrying out the work,
or having the work carried out, in accordance with the requirements of the B.C. Building
Code, the Building Bylaw and all other By-laws of the Village.
5.
That I understand and acknowledge that neither the issuance of a permit under this bylaw,
the review of plans and supporting documents, nor inspections made by the building
inspector shall in any way constitute a representation, warranty or statement that the B.C.
Building Code, the Building Bylaw or any other bylaw of the town has been complied
with.
6.
That I confirm that I have relied only on the said registered professionals for the
adequacy of the plans and supporting documents submitted with this application.
7.
With respect to a complex building permit or a permit where a registered professional is
involved the Village has relied and is relying exclusively on the Letter of Assurance of
"Professional Design and Commitment for Field Review" prepared by:
(Insert name of registered professional)
Architectural: ____________________________________________________________
Building Envelope: _______________________________________________________
Structural: _______________________________________________________________
Mechanical: _____________________________________________________________
Plumbing: _______________________________________________________________
Fire Suppression Systems: __________________________________________________
Electrical: _______________________________________________________________
Geotechnical - temporary: __________________________________________________
Geotechnical - permanent: _________________________________________________
In reviewing the plans and supporting documents submitted with this application for a building
permit.
8.
That I understand that where used herein the words "work" or "work or undertaking in
respect of which this application is made" includes all plumbing, mechanical, and other
works necessary to complete the contemplated construction.
9.
That I am authorized to give these representations, warranties, assurance and indemnities
to the Village.
That I confirm that I have been advised that I should seek independent legal advice from a
lawyer in respect of signing this form.
Owner's Information
Agent for Owner Information:
____________________________
______________________________
Name (print)
Name (Print)
____________________________
______________________________
Signature
Signature
____________________________
______________________________
Address (Print)
Address (Print)
______________________________
Title (Print)
____________________________
______________________________
Name (Print)
Name (Print)
____________________________
______________________________
Signature
Signature
____________________________
______________________________
Address (Print)
Address (Print)
______________________________
Title (Print)
If owner is a company, affix Corporate seal in a space below:
The Corporate Seal of
Witness Information
___________________________
________________________
Was hereunto affixed in the Presence of:
Name (print)
___________________________
________________________
Signature of Officer
Signature
___________________________
________________________
Name of Officer (print)
Address (print)
___________________________
________________________
Title of Officer (print)
Occupation (print)
___________________________
Signature of Officer
___________________________
Name of Officer (print)
___________________________
Title of Officer (print)
The above must be signed by the owner or his appointed agent. The signature must be
witnessed. If the owner is a company, the corporate seal of the company must be affixed to the
document in the presence of the duly authorized officers. The officers must also sign, setting
forth their positions in the company.
Please note the following provision from the Village of Telkwa Building Regulation Bylaw:
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 and
this bylaw or other applicable enactments respecting safety.
FORM M
OWNER'S UNDERTAKING OF BUILDING FOUNDATION
Building Inspection Division of the Development Services Department
(250) 846-5212
______________________________________________________________________
Permit #: ______________________________
Project: _________________________________________________________________
Project Site Address: ______________________________________________________
Legal Description: Lot: ________ District Lot: ___________ Plan: _____________
Pursuant to Section 10.1.13 of the Village of Telkwa Building Regulation Bylaw, I
___________________________ being the registered owner of the above referenced property do
hereby acknowledge and accept responsibility for the design and construction of the foundation
for the above referenced project.
Furthermore, I recognize that within the boundaries of the Village of Telkwa there are areas of
"Problem Soils" and that these are widely distributed as to location. I affirm that it is my
responsibility as owner to identify foundation conditions generally on which the intended
construction is to be placed and take all action required to ensure the adequacy f the foundation.
Owner's Information
Agent for Owner's Information
________________________ ______________________________
Name (print)
Name (print)
________________________
______________________________
Signature
Signature
________________________
______________________________
Address (print)
Address (print)
______________________________
Title (Print)
FORM N
ATTENTION
NOTICE IS HEREBY GIVEN THAT UNDER THE
BYLAWS OF THE VILLAGE OF TELKWA, ANY
USE OR OCCUPANCY OF THIS STRUCTURE IS
PROHIBITED DUE TO CONTRAVENTION OF THE
VILLAGE OF TELKWA BUILDING BYLAW NO. 533, 2003
DO NOT OCCUPY
THIS STRUCTURE.
ANY USE OR OCCUPANCY OF THIS STRUCTURE WITHOUT
WRITTEN PERMISSION OF THE BUILDING INSPECTOR IS
PROHIBITED.
CONTACT THE BUILDING INSPECTOR AT THE REGIONAL
DISTRICT OF BULKLEY-NECHAKO AT 250-692-3195 FOR
MORE INFORMATION.
IT IS UNLAWFUL FOR ANYONE TO REMOVE OR TEMPER
WITH THIS NOTICE.
SCHEDULE "B"
CLIMATIC DATA FOR THE VILLAGE OF TELKWA
Notice to Builders and Designers - the following Climatic Information shall be used for
Building Design within the Village of Telkwa boundaries.
CLIMATIC DATA
Climatic Zone 7A
The following snow/rain values are to be used when calculating roof design live loads:
Ground Snow Load (kPa) - 4.1
Assoc. Rain Load (kPa) - 0.2