HomeMy Public PortalAboutBuilding Bylaw 1404
TOWN OF OLIVER
BUILDING BYLAW NO. 1404
2
Table of Contents
Part 1: TITLE .................................................................................................................................. 5
Citation ........................................................................................................................................ 5
Part 2: PURPOSE OF BYLAW ...................................................................................................... 5
Part 3: SCOPE AND EXEMPTIONS............................................................................................. 6
Application .................................................................................................................................. 6
Limited Application to Existing Buildings ................................................................................. 6
Part 4: PROHIBITIONS ................................................................................................................. 7
Part 5: PERMIT CONDITIONS ..................................................................................................... 8
Part 6: POWERS OF A BUILDING OFFICIAL ........................................................................... 9
Administration ............................................................................................................................ 9
Refusal and Revocation of Permits ............................................................................................. 9
Right of Entry ............................................................................................................................. 9
Part 7: OWNER’S RESPONSIBILITIES ..................................................................................... 11
Permit Requirements ................................................................................................................. 11
Owner’s Obligations ................................................................................................................. 11
Damage to Municipal Works .................................................................................................... 12
Demolition ................................................................................................................................ 12
Notice ........................................................................................................................................ 12
Part 8: OBLIGATIONS OF OWNER’S CONSTRUCTOR ........................................................ 13
Part 9: REGISTERED PROFESSIONAL’S RESPONSIBILITIES............................................. 13
Professional Design and Field Review ..................................................................................... 13
Requirement for a Registered Professional ............................................................................... 14
Professional Plan Certification ................................................................................................. 15
Part 10: BUILDING APPLICATION requirements..................................................................... 15
Requirements Before Applying for a Building Permit ............................................................. 15
Building Permit Applications for Complex Buildings .............................................................. 16
Building Permit Applications for Simple Buildings ................................................................. 19
Site and Location Information .................................................................................................. 22
Building Permit Fee .................................................................................................................. 23
Security Deposit with Building Permit Application ................................................................. 23
3
Permit Fee Refunds ................................................................................................................... 24
Expiration of Application for a Permit ..................................................................................... 25
Issuance of a Building Permit ................................................................................................... 25
Compliance with the Homeowner Protection Act .................................................................... 25
Partial Construction .................................................................................................................. 26
Conditions of a Building Permit ............................................................................................... 26
Inspections ................................................................................................................................ 26
Stop Work Order ....................................................................................................................... 29
Do Not Occupy Notice .............................................................................................................. 29
Inspection and Other Fees ......................................................................................................... 30
Permit Expiration ...................................................................................................................... 30
Permit Extension ....................................................................................................................... 30
Building Permit Revocation ...................................................................................................... 30
Building Permit Cancellation .................................................................................................... 31
Occupancy ................................................................................................................................. 31
Temporary Buildings ................................................................................................................ 32
Sanitary Facilities ...................................................................................................................... 34
Part 11: RETAINING WALLS AND GRADES .......................................................................... 34
Part 12: BUILDING MOVE ......................................................................................................... 34
Part 13: NUMBERING OF BUILDINGS .................................................................................... 35
Part 14: POOLS ............................................................................................................................ 35
Swimming Pool Permit and Fencing ........................................................................................ 35
Pool Gate ................................................................................................................................... 36
Spa or Hot Tub Lid ................................................................................................................... 36
Maintenance .............................................................................................................................. 36
Part 15: ENERGY CONSERVATION AND GHG EMISSION REDUCTION ......................... 36
Part 16: CLIMATIC AND GEOLOGICAL DATA ..................................................................... 36
Part 17: ACCESS ROUTE FOR FIRE VEHICLE ....................................................................... 37
Part 18: OFFENCES ..................................................................................................................... 37
Violations .................................................................................................................................. 37
Deemed Offence ....................................................................................................................... 37
4
Ticketing ................................................................................................................................... 38
Part 19: INTERPRETATION ....................................................................................................... 38
Definitions ................................................................................................................................. 38
Appendices ................................................................................................................................ 42
Severability ............................................................................................................................... 42
Part 20: REPEAL .......................................................................................................................... 42
20.1 Building Regulation BYLAW No. 1140, 2006, as amended, is repealed. ........................... 42
Part 21: IN FORCE ....................................................................................................................... 42
Appendix A – Letter of Authorization & Owner’s Undertaking .................................................. 44
Appendix B – Confirmation of Professional Liability Insurance ................................................. 45
5
TOWN OF OLIVER
BYLAW 1404
A Bylaw for Administration of the Building Code and Regulation of Construction
GIVEN that the Council of the Town of Oliver
A. may by bylaw regulate, prohibit and impose requirements in respect to buildings and
structures under sections 8(3)(g) and (l) of the Community Charter for the following
under section 53(2):
(a) the provision of access to a building or other structure, or to part of a building or
other structure, for a person with disabilities;
(b) the conservation of energy or water;
(c) the reduction of greenhouse gas emissions;
(d) the health, safety or protection of persons or property;
B. is enacting this bylaw to regulate construction and administer the British Columbia
Building Code in Oliver 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 Oliver enacts as follows:
PART 1: TITLE
Citation
1.1 This bylaw may be cited as “Building Bylaw 1404”.
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.
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 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 wall supporting soil that is less than 1.22 metres in height, or other similar
landscape structures.
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.
7
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 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, 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.
8
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.
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 bylaw
enforcement officer 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 sign post 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.
9
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 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 re fuse 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, and must state the reason in writing.
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.
Right of Entry
6.5 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.
10
Powers
6.6 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.
6.7 Every reference to “owner” in section 6.6 includes a reference to the owner’s agent or
constructor.
6.8 Every person served with a notice under this Part must comply with that notice
(i) within the time ordered, or
(ii) if no time is ordered, immediately.
11
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, repairing or altering a building or structure, including a pool or
retaining wall and excluding a pool liner construction or repair;
(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 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 A, 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 any issuance of a permit under this bylaw, the
12
review of plans and supporting documents, or inspections made by a building official or a
registered professional shall not relieve the owner, or his or her 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 10.8 to 10.11 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;
(b) provide a hazardous materials assessment and abatement report prepared by a
registered professional;
(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.
Notice
7.10 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
13
registered professional, during construction, within 24 hours of when the change or
termination occurs.
7.11 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.
7.12 Every owner must give notice in writing to a building official and pay the non-refundable
fee set out in the fees and charges bylaw immediately upon any change in ownership,
which occurs prior to the issuance of an occupancy permit.
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.
14
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 B 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
(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
15
(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 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 the fees and charges bylaw.
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;
16
(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;
(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 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
(g) 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 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 acknowledgement of responsibility and undertaking
made in the form attached as Appendix B 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 the declared value of work. Whenever the building official has reason to believe
that the declared value of work differs significantly from the industry average for similar
work, the building official shall determine the industry average for such work;
(e) 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
17
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;
(f) include a copy of a survey plan prepared by a British Columbia land surveyor;
(g) include a site plan prepared by a registered professional showing
(i) the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii) the legal description and civic address of the parcel;
(iii) 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;
(xii) 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 and manholes;
(xvi) location of existing and proposed service connections;
18
(xvii) location of all boulevard trees, hydrants, service poles, street lights, and
related Town infrastructure;
(xviii) location of top bank and water courses;
(xix) access routes for firefighting;
(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;
(h) 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;
(i) include a cross-section through the building or structure in sufficient detail and
locations to illustrate foundations, drainage, ceiling heights and constructions
systems;
(j) 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;
(k) include cross-sectional details drawn at an appropriate scale and at sufficient
locations to illustrate that the building conforms to the building code;
(l) 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,
Division C of the building code;
(m) 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;
19
(n) 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;
(o) 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;
(p) 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
(q) 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 and development servicing 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 B 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;
20
(d) include the declared value of work. Whenever the building official has reason to believe
that the declared value of work differs significantly from the industry average for similar
work, the building official shall determine the industry average for such work;
(e) 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;
(f) include a site plan showing
(i) the bearing and dimensions of the parcel taken from the registered
subdivision plan;
(ii) the legal description and civic address of the parcel;
(iii) 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 and manholes;
(xv) location of existing and proposed service connections;
21
(xvi) location of all boulevard trees, hydrants, service poles, street lights, and
related Town infrastructure;
(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
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;
(g) 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;
(h) include a cross-section through the building illustrating foundations, drainage, ceiling
heights and construction systems;
(i) 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 zoning and
development permit;
(j) 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;
(k) 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;
(l) include a foundation and excavation design in accordance with the building code;
22
(m) include geotechnical letters of assurance, in addition to a required geotechnical
report, if the building official determines that the site conditions so warrant;
(n) include two sets of drawings at a suitable scale of design including the information
set out in (f) to (i) of this section; and
(o) include a building code compliance summary including the applicable edition of the
building code, such as, without limitation, whether the building is designed under
Part 3 or Part 9 and compliance with article 2.2.2.1(2), Division C of the building
code.
10.5 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
1000 square metres;
(b) two or more buildings that will contain four or more dwelling units each; 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:
i) a section through the site showing grades, buildings, structures, parking areas
and driveways;
ii) a roof plan and roof height calculations;
iii) structural, electrical, plumbing, mechanical or fire suppression drawings
prepared and sealed by a registered professional;
iv) letters of assurance in the form of Schedule B referred to in Division C of the
building code, signed by a registered professional; and
v) 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.
Site and Location Information
10.6 Without limiting sections 10.2(f) or 10.4(e) 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;
23
(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 Fee
10.7 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 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.
Security Deposit with Building Permit Application
10.8 An applicant for a building permit must pay to the Town, at the time of the application,
the security deposit prescribed in the fees and charges bylaw;
10.9 The security deposit sum set out in the fees and charges bylaw
(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.
10.10 The security deposit or applicable portion must be returned to the applicant
24
(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;
10.11 Any credit greater than the amount of the security deposit used by the Town for the
purposes described in the fees and charges bylaw will be returned to 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.
Permit Fee Refunds
10.12 No fee or part of a fee paid to the Town may be refunded if construction of the building
has started.
10.13 A building permit or other permit fee may be partially refunded as set out in this 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.
10.14 A building permit or other permit fee is not refundable after the permit has been extended
under section 10.45 of this Part.
Design Modification
10.15 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 the fees and charges bylaw.
Construction Before Permit Issued
10.16 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.
25
Expiration of Application for a Permit
10.17 A building permit or a plumbing permit application expires 180 days from the date a
complete application is received under this Part if the building permit or plumbing 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
10.18 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 10.7 to 10.16 of this Part and
the fees and charges bylaw;
(c) the owner or his or her 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 geotechnical engineer 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 notice to the owner that the permit is ready to be picked up by the owner.
10.19 Despite section 10.18, the building official, in consultation with the Director of
Development Services, may refuse to issue a permit when the owner has been notified of
a violation of this bylaw about the construction of another building or structure by the
owner.
Compliance with the Homeowner Protection Act
10.20 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
26
(b) the constructor is a licensed “residential builder” as defined in that Act.
10.21 Section 10.20 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.
10.22 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
10.23 If a site has been excavated under a building permit issued under this bylaw and a
building permit is not subsequently issued or a subsisting building permit has expired
under section 10.44, 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.
10.24 If a building permit has expired and partial construction has progressed, with no
extension requested of the building official under section 10.45, permanent type fencing
with privacy screen complying with the Town’s Zoning Bylaw, must be erected around
the building site for protection to the public.
Conditions of a Building Permit
10.25 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 and the
building official has authorized the transfer or assignment. The transfer or assignment of
a building permit is not an extension of a building permit.
10.26 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
10.27 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 design, plans and specifications and
that the construction complies with the building code, this bylaw and other applicable
enactments respecting safety.
27
10.28 Despite section 10.27 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 being undertaken
by the registered professionals.
10.29 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.
10.30 For all work in respect of simple buildings the owner must give at least 24 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 10.30(e), plumbing located below the finished slab
level including radon protection;
(e) the preparation of ground, including ground cover when required, perimeter
insulation on inside of concrete foundation walls and reinforcing steel;
(f) after inspection under section 10.30(e) hydronic heating pipes and below slab
insulation;
(g) installation of rough-in plumbing before it is covered, including sprinkler systems;
(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, rough heating, gas venting,
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;
(l) construction of an exterior deck if the deck serves as a roof;
(m) on-site constructed tubs or showers and tub or shower trap tests;
28
(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, GHG emission
reduction and accessibility aspects of the work when the building or structure is
substantially complete, ready for occupancy but prior to occupancy.
10.31 A building official will only carry out an inspection under section 10.30 if the owner or
the owner’s agent has requested the inspection online or in writing in accordance with
this bylaw.
10.32 Despite the requirement for the building official’s acceptance of the work outlined in
section 10.30, 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.
10.33 No person may conceal any aspect of the work referred to in section 10.30 of this bylaw
until a building official has accepted it in writing.
10.34 For work in respect of complex buildings, the owner must
(a) give at least 24 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 representative must ensure that the coordinating
registered professional, the constructor, as well as representatives of major trades,
are in attendance;
(b) give at least 24 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, GHG emission and accessibility aspects of
the work; and
(c) cause the coordinating registered professional, at least 24 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
29
Documentation described in this bylaw, complete with all documentation in a hard
covered three ring binder and in digital pdf format on a memory stick.
Stop Work Order
10.35 The building official may direct the immediate suspension or correction of all or a portion
of the construction on a building or structure by attaching a stop work order notice in the
form prescribed by the building official, on the premises whenever it is found that the
work is not being performed in accordance with the requirements of the building code,
any applicable bylaw of the Town or the applicable provisions of the Homeowner
Protection Act.
10.36 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.
10.37 If a registered professional’s services are terminated, the owner must immediately stop
any work that is subject to his or her design or field review and the building official is
deemed to have issued a stop work order under section 10.35.
10.38 The owner must immediately, after the posting of a notice under section 10.35, 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.
10.39 Subject to section 10.35, no work other than the required remedial measures may be
carried out on the parcel affected by the notice referred to in section 10.35 until the stop
work order notice has been removed by the building official.
10.40 The notice referred to in section 10.35 must remain posted on the premises until that
which is contrary to the enactments has been remedied.
Do Not Occupy Notice
10.41 If a person occupies a building or structure or part of a building or structure in
contravention of this bylaw, a building official may post a Do Not Occupy Notice in the
form prescribed by the building official on the affected part of the building or structure.
10.42 If a notice is posted under section 10.41, 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
30
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.
Inspection and Other Fees
10.43 In addition to the fees required under other provisions of this bylaw, the owner must pay
the non-refundable fee set out in the fees and charges bylaw for
(a) a 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.
Permit Expiration
10.44 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
10.45 A building official may extend the period set out under section 10.44 for a maximum of
two six-month periods, if construction has not been commenced or has been discontinued
due to adverse weather, strikes, material or labour shortages, other similar hardship
beyond the owner’s control, or if the size and complexity of the construction warrants, if
(a) application for the extension is made at least 30 days prior to the date of permit
expiration; and
(b) the non-refundable fee set out in the fees and charges bylaw has been paid, which is
equal to a building permit application fee
Building Permit Revocation
31
10.46 The building official may revoke a building permit if there is a violation of
(a) a condition under which the permit was issued; or
(b) a requirement of the building code or of this or another bylaw of the Town,
such permit revocation must be in writing and sent to the permit holder by signature mail
to, or personal service on, the permit holder.
Building Permit Cancellation
10.47 A building permit, or a building permit application, may be cancelled by the owner, or his
or her agent, on delivery of written notification of the cancellation to the building official.
10.48 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".
10.49 If the owner, or his or her 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”.
10.50 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 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
10.51 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.
10.52 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 section 7.1 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;
32
(c) the owner has delivered to the Town as-built plans of works and services in the
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
the format as required by the Town.
10.53 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.
10.54 A building official may issue a final inspection notice for partial occupancy of a portion
of a building or structure under construction with a fixed expiry date as determined by
the building official when
(a) that portion of the building or structure is self-contained and provided with essential
services respecting health and safety aspects of the work, and if applicable,
accessibility, GHG emissions and conservation; and
(b) the requirements set out in section 10.52 have been met with respect to it.
10.55 A final inspection notice may not be issued unless
(a) all letters of assurance 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 10.27 through 10.34 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.
Temporary Buildings
33
10.56 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.
10.57 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;
(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 20% of the value of the temporary
building, which security
(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
34
(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.
10.58 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 the fees and
charges bylaw.
10.59 A permit fee for a temporary building or structure is not refundable.
Sanitary Facilities
10.60 During the time a building permit has been issued and remains valid under this bylaw, the
owner must provide on the parcel of land in respect of which the permit has been issued,
sanitary facilities for the disposal of human waste from individual persons who enter on
the parcel in relation to the work referred to in the permit, which facilities must be
accessible and unlocked when not occupied while work is being carried out on the parcel
under this bylaw, 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 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
35
(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
(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 1.22 metres and no openings greater than 100 mm at their greatest
dimension.
36
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.
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 building official may require 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: ENERGY CONSERVATION AND GHG EMISSION REDUCTION
15.1 In relation to the conservation of energy and the reduction of greenhouse gas emissions,
the Town incorporates by reference the British Columbia Energy Step Code in
accordance with sections 15.2 through 15.3.
15.2 Effective July 1, 2021, any Part 3 or Part 9 building, as set out in the Building Code, must
be designed and constructed to meet the minimum performance requirements specified in
Step 1 of the Energy Step Code.
15.3 Effective on the mandated date by the Province, any Part 3 or Part 9 building, as set out
in the Building Code, must be designed and constructed to meet the minimum
performance requirements specified in the BC Energy Step Code.
PART 16: CLIMATIC AND GEOLOGICAL DATA
16.1 Climatic data for all proposed structures within the Town of Oliver shall be
derived from the building code, Division B, Appendix C, Table C-2.
37
16.2 Local historical ground frost conditions dictate that no footing or foundation may extend
to a depth less than 600mm (2ft) below finished grade.
16.3 The ground snow load is SS 1.1 kPa (20.89 psf) & SR 0.1 kPa (2.09 psf).
16.4 No exterior water service or water distribution pipe shall be located at a depth of less than
1500mm (5ft) below finished grade.
PART 17: ACCESS ROUTE FOR FIRE VEHICLE
17.1 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 requirements set out
in the Building Code and Fire Code.
PART 18: OFFENCES
Violations
18.1 Without limiting Part 4 of this bylaw, every person who
(a) violates a provision of this bylaw;
(b) permits, suffers or allows any act to be done in violation of any provision of this
bylaw; 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.
18.2 Every person who fails to comply with any administrative requirement issued by a
building official, or who allows a violation of this bylaw to continue, contravenes this
bylaw.
18.3 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 the fees and charges bylaw.
Deemed Offence
38
18.4 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.
18.5 No person is deemed liable under section 18.4 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.
18.6 Nothing in section 18.5 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
18.7 The offences referenced in the municipal ticketing bylaw and the bylaw notice
enforcement bylaw are designated for enforcement under s. 264 of the Community
Charter.
PART 19: INTERPRETATION
Definitions
19.1 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 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;
39
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;
bylaw enforcement officer means the person designated in or appointed to that position by
the Town.
bylaw notice enforcement bylaw means the Town of Oliver’s bylaw notice enforcement
bylaw, as amended from time to time;
complex building means:
(a) a building used for a major occupancy classified as:
(i) assembly occupancy;
(ii) care occupancy;
(iii) 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;
(ii) business and personal services occupancy;
(iii) 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;
40
constructor means a person who constructs;
Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996,
c. 116;
director of development services means the person designated to that position by the
Town.
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;
fire code means the British Columbia Fire Code as adopted by the Minister responsible
under provincial legislation, as amended or re-enacted from time to time;
fees and charges bylaw means the Town of Oliver’s fees and charges bylaw, as amended
from time to time;
foundation means a system or arrangement of foundation units through which the loads
from a building are transferred directly to supporting soil or rock and includes any
portion of the exterior walls of a building that lie below the finished grade immediately
adjacent to the building;
GHG means greenhouse gas;
health and safety aspects of the work means design and construction regulated by Parts 3,
4, 5, 6, 7, 8, 9 and 10, Division B, of the building code; and subject to Parts 1 and 2 in
relation to Parts 3 through 10, Division B;
municipal ticketing bylaw means the Town of Oliver’s municipal ticketing bylaw, as
amended from time to time;
owner means the registered owner in fee simple, or an agent duly authorized by the
owner in writing in the form attached as Appendix A;
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 above-ground pool, in-ground pool and hot
tub;
41
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 1.22 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;
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 the completed building value of all construction or work related
to the building, including finishes, roofing, electrical, plumbing, heating, air-
conditioning, fire extinguishing systems, elevators and any other building service
equipment and materials, the current monetary worth of all plans and specifications,
labour and fees for design, testing, consulting, management, contractor’s profit and
overhead, and current monetary worth of all contributed labour and material and site
works.
zoning bylaw means the Town of Oliver’s zoning bylaw, as amended from time to time.
19.2 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,
42
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.
19.3 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.
19.4 Every reference to
(a) the building code is a reference to the current edition as of the date of issuance of the
building permit; and
(b) a section of the building code is a reference to the applicable successor sections,
as the code or section may be amended or re-enacted from time to time.
19.5 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
19.6 Appendices A through B are attached to and form part of this bylaw.
Severability
19.7 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 20: REPEAL
20.1 BUILDING REGULATION BYLAW NO. 1140, 2006, AS AMENDED, IS
REPEALED.
PART 21: IN FORCE
43
21.1 This bylaw comes into force at the time of adoption.
READ A FIRST, SECOND and THIRD TIME this 14 day of June, 2021.
ADOPTED this 28 day of June, 2021.
‘Original Signed by Mayor’_________
Mayor
‘Original Signed by Corporate Officer’____
Corporate Officer
44
Town of Oliver BYLAW 1404
Appendix A – Letter of Authorization & Owner’s Undertaking
Property Address
Legal Description
I am the owner, as defined in Building Bylaw 1404, of the above referenced property and hereby
authorize the individual below to represent me in a Building Permit Application:
Representative/Contact
Name
1. I confirm that I have applied for a building permit pursuant to “Building Bylaw 1404” (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.
2. 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.
3. 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.
4. 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.
5. I am authorized to give these representations, warranties, assurance and indemnities to the Town.
6. I agree to pay the cost of repairing any damage to public property arising from work associated with this permit.
Owner’s Name
Address
Telephone
Cell
Email
Signature Date
This form may be e-mailed or delivered in person.
45
Town of Oliver BYLAW 1404
Appendix B – 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.
Property Address
Legal Description
The undersigned hereby gives assurance that:
a) I have fulfilled my obligation for insurance coverage as outlined in the Town Building Bylaw 1404;
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.
____________________________________
Name (PRINT)
____________________________________
Signature
____________________________________
Address (PRINT)
____________________________________
Phone
____________________________________
Date
__________________________________
(Affix professional seal here)
(If the registered professional is a member of a firm, complete the following)
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.