Bylaw No. 2883-2018
Building Bylaw, 2018
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 3025-2020, 3063-2020, and 3278-2022, and 3362-2023 Last amended March 6, 2023
Definitions
3 In this By-Law,
"Alteration", "Building", "Constructor", "Coordinating Registered Professional", "Designer", "Excavation", "Farm Building", "Field Review", "Occupancy", "Registered Professional" "Secondary Suite" and "Suite" has the meaning prescribed in the Building Code.
B/L 3025-2020
"Agricultural Building" means Buildings and Structures that are constructed on lands zoned Agricultural in the City's Zoning Bylaw, 2014, other than residential dwellings, buildings accessory to the residential dwelling, and processing plants that are not accessory to the farm operation on the parcel.
"Applicant" means an applicant for a Building Permit, and the holder of the issued Building Permit.
"Boulevard" has the same meaning as defined in the City's Street and Traffic Bylaw, 2006.
"Building Code" means the current edition of the British Columbia Building Code, established under the Building Act, SBC 2016.
"Building Official" means a person or persons designated by the City as a Building Inspector, Plumbing Inspector, Plan Checker, or Bylaw Enforcement Officer, and includes the supervisors for these positions, as well as administrative and clerical staff reporting directly or indirectly to the Chief Building Official, for the purpose of the administration on the issuance of permits.
B/L 3362-2023
"Building Permit" means an authorization by the Building Official for the Construction, Alteration, renovation, or demolition of a Building or Structure, or other work, specified in the permit.
"Building Review" means an audit check by the Building Official of representative elements of a Building or Structure prior to or under Construction for the purposes of the Health and Safety Aspect of the Work.
"Certified Professional" means a Registered Professional who have successfully completed a Certified Professional educational course to demonstrate an enhanced knowledge of the Building Code. Architectural Institute of BC will recognize architects to act as Certified Professionals, and Engineers and Geoscientists BC will recognize Professional Engineers to act as Certified Professionals, based on recommendations from the Certified Professional Committee.
B/L 3025-2020
"Certified Professional Program" means the Certified Professional (CP) Program is an alternative process for obtaining Building Permits and Occupancy Permits within the City and is not a mandatory program.
B/L 3025-2020
"Chief Building Official" means a person or persons appointed by Council to carry out the role of the Authority Having Jurisdiction under the Building Code, and to perform duties of the Chief Building Official under this Bylaw.
"City" means the City of Abbotsford.
"City Engineer" means the City's General Manager of Engineering and Regional Utilities as duly appointed by Council and includes a person designated by the City's General Manager of Engineering or designate, to perform duties under this Bylaw.
"City Property" includes City Parks, highways, streets, lanes, Boulevards, easements, statutory rights of way and all works and appurtenances therein and thereon.
"Coach House" has the same meaning as defined in the City's Zoning Bylaw, 2014.
"Complex Building" means a Building described in Division A Section 1.3.3.2 of the Building Code
"Construction" means the erection, Alteration, replacement, addition, Reconstruction, removal, moving and demolition of Buildings and Structures; Excavation and shoring, and all appurtenances thereto, including, without limitation, Plumbing, sewer, drainage and septic systems.
"Cost of Construction" means the hard costs and soft costs of all completed Construction or work related to a Building Permit, including, but not limited to, finishes, roofing, electrical, Plumbing, drains, heating, air-conditioning, fire extinguishing systems, elevators, and any other equipment and materials, fees for design, testing, consulting, management, all contributed or assumed labour and materials, contractor's profit and overhead, insurance, and for site works and improvements, including all associated paving, landscaping and underground servicing, but excluding furniture, fixtures or equipment not included in a Building Permit, and it will be the greater of:
(a) the value declared by the Applicant on the Building Permit application; or
(b) the value of Construction that would be authorized by a Building Permit, estimated by a third party quantity surveyor of the Chief Building Official, utilizing independent third party valuation sources of Construction costs; or a cumulative total of all contracts of Construction or the Building project.
"Council" means the Council of the City.
"Crawlspace" means the space between a floor the underlying ground having a maximum height of 1.2 m to the underside of the floor joists and not used for storage of goods or equipment damageable by floor waters.
B/L 3278-2022
"Cross-connection Control Device" means a device for preventing any actual or potential connection between a potable water system and any source of pollution or contamination.
"Damage" in respect of City Property, includes, but is not limited to, damage to sidewalks, curbs and gutters, pavement, street lights and trees, fire hydrants and the placement, dropping, or deposit of any dirt, debris, materials, objects, or substances on City Property.
"Development Permit" means a permit issued under the City's Official Community Plan.
B/L 3278-2022
"Do Not Occupy" means a notice issued by the Building Official where the Building or premise has not been given a permission to occupy.
"Energy Advisor" means a registered energy advisor in good standing with Natural Resources Canada, who conducts EnerGuide home evaluations on behalf of service organizations licensed by Natural Resources Canada.
B/L 3025-2020
"Energy Step Code" means the Province of British Columbia’s performance based standard for energy efficiency in new Construction requiring energy modelling and on-site testing to demonstrate minimum performance against metrics for Building envelope, equipment and systems, and airtightness requirements, and includes Step 1, Step 2, Step 3, Step 4, and Step 5, as defined in Sections 9.36.6 and 10.2.3 of the Building Code.
B/L 3025-2020
"Garage Pad Elevation" means the elevation of the garage floor of any Building.
B/L 3278-2022
"General Manager, Planning and Development Services" means the General Manager, Planning and Development Services, for the City or designate.
"Health and Safety Aspects of Work" means design and Construction related only to fire and life safety provisions of the Building Code regulated by Part 3, and Sections of Part 9.4 to 9.10, 9.13 to 9.25, 9.27, 9.28, and 9.31 to 9.37 of the Building Code; and for certainty, does not include design or Construction of Building envelope, mechanical systems, or structural elements where there are Letters of Assurances submitted by the Registered Professionals.
"Highway" has the same meaning as defined in the City's Street and Traffic Bylaw, 2006.
"Letters of Assurance" means those letters of Registered Professionals in the forms set out in the Schedules of the Building Code.
"Manufactured Building" means a manufactured home, mobile home, modular home, factory built housing, or other Building that is constructed at a place other than its intended location; and that is certified in accordance with Canadian Standards Association A-277 or Z240 MH standards.
"Medical Marihuana Production Facility" has the same meaning as defined in the City's Zoning Bylaw, 2014.
"Minimum Building Elevation" means the elevation of the lowest floor slab in a building or the underside of the floor joists where the lowest floor is constructed over a Crawlspace.
B/L 3278-2022
"Occupancy Permit" means an authorization by the Building Official for permitting the Occupancy of a Building or Structure, or other work, specified in the permit.
"Owner" means the registered owner of an estate in fee simple of a parcel in relation to which a permit application is made under this Bylaw, or on which construction occurs, and includes an agent authorized, in writing, by the owner to make an application for a permit and carry out the owner's obligations under this Bylaw.
"Park" has the same meaning as defined in the City's Parks Bylaw, 2016.
"Petroleum Products Storage Tank" has the meaning as "Storage Tank" as defined in the City's Petroleum Products and Equipment Bylaw, 2018.
"Plumbing" means any drainage, venting or water systems that are covered under the Plumbing Code, including fittings and appliances attached thereto, in or upon any premises, installed for the purpose of supplying such premises with potable water or carrying away waste water or rain or surface water, and includes fire sprinkler systems, and Cross-connection Control Devices.
"Plumbing Code" means the current edition of the British Columbia Plumbing Code, established under the Building Act.
"Plumbing Permit" means a Building Permit issued for Plumbing work.
"Pond" means any manufactured or constructed body of water of any size which is installed as a landscaping feature; and is not designed or intended to be used as a Swimming Pools.
"Professional Engineer" means an individual who is a member in good standing with, and licenced by, the Association of Professional Engineers and Geoscientists of British Columbia, to practice as a Professional Engineers in the Province of British Columbia.
"Reconstruction" means to re-build a Building or Structure, including structural elements, to pre-existing design, dimensions and material specifications.
"Registered Professional" has the same meaning as defined in the Building Code.
B/L 3025-2020
"Repair" means the replacement of an existing element of a Building or Structure, other than a structural element, with a component of like characteristics.
"Rough-in" means the installation of all parts of a Plumbing system including bath tubs and fixture carriers that can be installed prior to completion or expansion of the system;
"Secondary Suite" has the same meaning as defined in the City's Zoning Bylaw, 2014.
"Standard Building" means a Building described in Division A Section 1.3.3.3 of the Building Code, or a Farm Building.
"Stop Work" means a notice issued by the Building Official to immediately suspend Construction.
"Structure" means a Construction, or portion thereof, of any kind, whether fixed to, supported by or sunk into land or water, and includes, but is not limited to, any pad or base of concrete, asphalt or other material designed to support, or actually supporting, a mobile home, silo, antenna or other equipment, but excludes landscaping, fences, and freestanding decks less than 0.6 m in height with no roof.
"Sundeck" means an unenclosed Structure, connected to, and partially supported by, a dwelling, constructed of columns, joists and beams.
"Swimming Pool" means "Private Swimming Pool" as defined in the City's Private Swimming Pool Regulation Bylaw, 1997.
"Unsafe to Occupy" means the Building has been deemed to be no longer structurally safe.
"Work Without Permit" means Construction has been carried out without a valid Permit or permit record to prove otherwise.
Purpose of bylaw
4 This Bylaw will, notwithstanding any other provision of this Bylaw, be interpreted in accordance with Section 5.
5 This Bylaw has been enacted for the purpose of regulating Construction within the City in the general public interest. The activities undertaken by, or on behalf of, the City pursuant to this Bylaw are for the sole purpose of providing a limited and interim spot checking or monitoring function for reasons of health, safety and the protection of persons and property, and for keeping records. The purpose of this Bylaw does not extend to:
(a) the protection of Owners, Owner/builders or Constructors from economic loss;
(b) the assumption by the City, or any Building Official, of any responsibility for ensuring the compliance by any Owner, an Owner's agent or any representatives, employees, Constructors or Designers retained by the Owner or the Applicant, with the Building Code, this Bylaw or other applicable enactments, including other City bylaws;
(c) providing to any person a warranty of design or workmanship with respect to any Building or Structure for which a Building Permit is issued under this Bylaw;
(d) providing a warranty or assurance that Construction undertaken pursuant to permits issued by the City is free from latent or other defects; or
(e) providing a warranty or assurance that any design or Construction undertaken pursuant to permits issued by the City complies with the Building Code, this Bylaw or other applicable enactments, including other City bylaws.
Permit Conditions
6 No person may undertake work regulated under this Bylaw without a Building Permit issued in respect of the work.
7 Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor any Building Reviews or inspections made by, or on behalf of, the City will in any way relieve the Owner or the Applicant from responsibility to perform the work to which the permit, plans, drawings or specifications pertain in strict accordance with this Bylaw, the Building Code and all other codes, standards, and other applicable enactments. It is the responsibility of the Owner, and any agent authorized to act on the behalf 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 other applicable enactments.
8 Neither the issuance of a permit under this Bylaw nor the acceptance or review of plans, drawings or specifications or supporting documents, nor Building Reviews or inspections made by, or on behalf of, the City will constitute in any way a representation, warranty, assurance or statement that the Building Code, this Bylaw or other applicable enactments have been complied with or that the Building or Structure meets any standard of materials or workmanship, and no person may rely on any of those acts as establishing compliance with the Building Code or this Bylaw or any standard of Construction.
9 No person may rely upon any permit as establishing compliance with this Bylaw or assume or conclude that this Bylaw has been administered or enforced according to its terms. The person to whom the Building Permit is issued and their representatives are responsible for making such determination.
Scope and Exemptions
10 This Bylaw applies to the design, Construction and Occupancy of new Buildings and Structures, and the Alteration, Reconstruction, demolition, removal, relocation and Occupancy of existing Buildings and Structures.
11 Where a Building or Structure, or any part thereof, is demolished or removed, this Bylaw applies to any part of the Building or Structure which remains on the premises, and to all Construction done in connection with the demolition or removal thereof.
12 Where a Building or Structure, or any part thereof, is moved to a site within the City, this Bylaw applies to any part of the Building or Structure which is moved, and to all Construction done in connection with the relocation thereof.
Certified Professional Program
13.1 (1) The Chief Building Official may accept a Construction development for processing under the Certified Professional Program, provided that
(a) the Building document plans have been reviewed by the Certified Professional for compliance with requirements of Division A, Division B, Parts 1 and 3 and Division C of the Building Code, relevant City bylaws and other applicable enactments, and
(b) the Building Permit application has been prepared in accordance with the Certified Professional Program Manual and includes all required Letters of Assurance, any required confirmations with respect to the development, and certification of the Building Code, coordination.
B/L 3025-2020
13.2 A Certified Professional providing the Building Official with Letters of Assurance, must also provide proof of insurance in an amount and form satisfactory to the Building Official.
B/L 3025-2020
13.3 The General Manager, Planning and Development Services, may decertify a Registered Professional from practicing as a Certified Professional in the City if the Registered Professional
(a) is no longer licensed as a Registered Professional in the Province of British Columbia,
(b) submits any required documentation, which is in any material way inaccurate or misleading,
(c) fails to disclose in a timely manner to the Building Official any significant variation or change to the design or Construction of a Building, or
(d) fails to satisfactorily perform any duties or obligations required by this Bylaw or other applicable enactments.
B/L 3025-2020
13.4 A Certified Professional must, in respect of the development for which a Building Permit was issued under the Certified Professional Program and in addition to any other applicable responsibilities,
(a) review, in advance of any tenant improvement Building Permit application, any tenant improvement work constructed prior to substantial completion of the shell of the Building,
(b) review for adequacy and acceptability, any report concerning testing and Field Reviews related to the development and maintain a detailed record of such reports and, if requested, make these available to the Building Official,
(c) advise the Building Official promptly, in writing, if any matter of design, Construction or Field Review does not meet the requirements of the Building Code, this Bylaw and/or other applicable enactments, and
(d) at least once every 30 days from the date of issuance of a Building Permit, submit to the Building Official a written progress report together with copies of the Field Review reports from each Registered Professional involved in the development.
B/L 3025-2020
13.5 The Building Official may post a Stop Work notice or revoke a Building Permit under the Certified Professional Program in any of the following circumstances:
(a) if the Certified Professional ceases to be retained by the Owner, resigns or is otherwise unable or unwilling to carry out Field Reviews or other duties related to the development for which a Building Permit was issued under the Certified Professional Program;
(b) pursuant to paragraph (a), under such circumstances the Certified Professional must promptly notify the Building Official in writing of the date upon which they will cease to be involved;
(c) if the Certified Professional is no longer licensed as a Registered Professional in the Province of British Columbia;
(d) if the Certified Professional fails to perform any of their duties or obligations under this Bylaw; or
(e) if a document required by this Bylaw or under the Certified Professional Program is not delivered by the Certified Professional within the time frame specified in this Bylaw.
B/L 3025-2020
13.6 Where a Building Permit is revoked pursuant to Section 13.5, only work necessary, as authorized by the Building Official to remove any hazards or to mitigate Damage arising from exposure to the elements, must be undertaken on the development unless otherwise specifically authorized by the Building Official.
B/L 3025-2020
13.7 Work on the development must not resume until the Building Official has received written notice from a Certified Professional that the Certified Professional
(a) has been retained by the Owner for the continuation of Construction of the Building,
(b) has reviewed the Building and certifies that the Building, as constructed up to that point, substantially complies with the Building Code, this Bylaw and other applicable enactments, and has been constructed in accordance with the approved plans, and
(c) will carry out the duties of the Certified Professional that are required in order to bring the Building to completion and to certify substantial compliance with the Building Code, this Bylaw and other applicable enactments and that Construction will be in accordance with the previously approved plans.
B/L 3025-2020
13.8 Nothing herein contained must in any way relieve the Owner, or the Certified Professional of record for the development, from full responsibility for ensuring that the Building or Structure is in substantial compliance with the Building Code, this Bylaw and other applicable enactments.
B/L 3025-2020
13.9 Where the Building Official accepts a Building Permit application and Letters of Assurance from a Certified Professional for a development, the Building Official will rely on the certifications issued by the Certified Professional and other Registered Professionals, that the drawings will meet the requirements of the Building Code.
B/L 3025-2020
Energy Step Code
14.1 Buildings and Structures must be designed and constructed in compliance with the applicable step of the Energy Step Code.
B/L 3025-2020
14.2 For Part 9 of the Building Code, residential Building Permits, the Owner must, to the satisfaction of the Building Official, provide all documentation required by the City's administrative requirements for the Energy Step Code or as required by the Building Official, prepared by an Energy Advisor or a Registered Professional.
B/L 3025-2020
14.3 For Part 3 of the Building Code Building Permits, the Owner, to the satisfaction of the Building Official, is to provide all documentation required by the City's administrative requirements for the Energy Step Code or as required by the Building Official, prepared by a Registered Professional.
B/L 3025-2020
14.4 Any Energy Advisor providing the required documentation in accordance with the Energy Step Code must provide evidence to the Building Official that they are an Energy Advisor registered.
B/L 3025-2020
14.5 Where an Energy Advisor provides the required documentation set out in the Energy Step Code, the Owner must provide proof of insurance coverage in an amount and form satisfactory to the Building Official prior to issuance of a Building Permit.
B/L 3025-2020
14.6 For a Part 9 of the Building Code Building or Structure that is designed in compliance with the applicable step of the Energy Step Code but where the constructed Building or Structure does not meet the performance requirements of the Energy Step Code applicable step, after all reasonable mitigation measures are implemented to the satisfaction of the Building Official, the Building Official may issue an Occupancy Permit if the Building or Structure is constructed in compliance with alternative energy efficiency performance or prescriptive requirements set out in the Building Code, for Part 9 Construction.
15 Where the classification of Occupancy or use of a Building, or any part thereof, is changed, this Bylaw applies to any part of the Building affected by the change.
Exemptions
16 A Building Permit is not required for:
(a) any Building or Structure exempted by the Building Code, except as expressly provided herein;
(b) a detached Building or Structure having an area, in plan, of less than 10 m2, but such Building or Structure must comply with this Bylaw, all other bylaws of the City, and other applicable enactments;
(c) a portable or temporary tent structure that is less than 100 m2 in area individually, and where the duration of the installation is less than 15 days continuously;
(d) interior Alterations to existing finished spaces in a single family dwelling where there is no structural Alteration, including partial demolition;
(e) exterior Alteration in a single family dwelling limited to replacement of windows, siding, gutters or roofs, excluding work described under Section 28 (c), Section 28 (d), and Section 28 (n);
(f) Buildings and Structures that are located in the City's right of way or Boulevard; or
(g) Structures constructed by or on behalf of the City and located in a Park.
Prohibitions
17 No person may commence or continue or permit the commencement or continuance of any Construction, or change of Occupancy of any Building or Structure requiring a Building Permit unless a Building Official has issued a permit for the work and the permit has not expired.
18 No person may demolish or permit the demolition of a Building or Structure unless a Building Official has issued a Building Permit for the demolition and the permit has not expired.
19 No person may occupy or use or permit the Occupancy or use of any Building or Structure unless an Occupancy Permit has been issued by a Building Official for the Building or Structure, or contrary to the terms of any permit issued or any notice given by a Building Official.
20 No person may knowingly submit false or misleading information to a Building Official in relation to any permit application or Construction undertaken pursuant to this Bylaw.
21 No person may, unless authorized in writing by a Building Official, reverse, alter, deface, cover, remove or in any way tamper with any notice, permit or certificate posted upon or affixed to a Building or Structure pursuant to this Bylaw, or permit any other person to do so.
22 No person may do or permit any other person to do any work that substantially varies from the accepted design, plans, or specifications of a Building, Structure or other works for which a permit has been issued, including the approved lot grading plan, unless that variance has been accepted in writing by a Building Official.
23 No person may obstruct, or permit any other person to obstruct, the entry onto property of a Building Official or other authorized official of the City in the administration of this Bylaw.
24 Despite any other provision of this Bylaw, no Building Permit will be issued for Construction on any lot, except for show home lots that are authorized under Section 85, until such lot is serviced in accordance with the standards set out in the City's Development Bylaw, or as otherwise approved by the City Engineer.
B/L 3278-2022
25 Despite any other provision of this Bylaw, no Building Permit will be issued for Construction until a Development Permit required under the City's Official Community Plan Bylaw, 2016 and the Local Government Act is issued.
Building Officials
26 The Chief Building Official may:
(a) administer this Bylaw and all other City bylaws and permits relating to any property for which a Building Permit has been issued, or to any property for which a Building Permit is required for the activity underway or completed;
(b) keep records of permit applications, permits, notices and orders issued, inspections and tests made under this Bylaw, and retain copies of documents related to the administration of this Bylaw or digital records of such documents;
(c) establish whether the methods or types of Construction and types of materials used in the Construction of a Building or Structure for which a permit is sought under this Bylaw substantially conform to the requirements of the Building Code;
(d) refuse to issue a Building Permit or an Occupancy Permit, or refuse to accept inspection requests, if the application for a Building Permit or the Construction does not comply with the Building Code, this Bylaw or other applicable enactment including other City bylaws, or where, in the Chief Building Official's opinion, the results of tests of materials, devices, Construction methods, structural assemblies or foundation conditions are not adequately reported or demonstrated to be satisfactory;
(e) designate Building Officials to assist in the administration of this Bylaw; and
(f) revoke an issued Building Permit prior to the Occupancy for any of the following reasons:
(i) for violation of any of the conditions under which the Building Permit was issued,
(ii) for violation of this or any other City bylaw,
(iii) for violation of the Building Code,
(iv) if any reason is found to exist which would have been cause for denial of such permit, if known to exist at the time of issuance of the Building Permit, or
(v) if the Building Permit was issued in error.
(g) may post an Unsafe to Occupy notice to the Owner and Occupants where the Building is deemed to be structurally unsafe, and continuing use of the Building may endanger the safety of the occupants in or around the Building.
27 A Building Official:
(a) may, subject to paragraphs (b) enter any land, Building, Structure, or premises at any reasonable time for the purpose of determining compliance with this Bylaw;
(b) will, where any residence is occupied, obtain the consent of the occupant or provide written notice to the occupant 24 hours in advance of entry under paragraph (a);
(c) will carry proper credentials confirming his or her status as a Building Official;
(d) may require the correction of any work that is being, or has been, done in contravention of this Bylaw;
(e) may post a Stop Work notice, or otherwise require the cessation of work that is proceeding in contravention of this Bylaw, a Building Permit or the Building Code;
(f) may post a Do Not Occupy notice where the Owner is notified to not occupy a Building, and the Owner continues the Occupancy; and
(g) may post a Work Without Permit notice where the Owner is notified of Construction has been carried out without a valid Permit as required under Section 8.
Work requiring a permit
28 Subject to Section 16, every person must apply for and obtain a Building Permit before commencing the Construction of any Building or Structure, including any of the following:
(a) all enclosures, tanks, excluding Petroleum Products Storage Tanks administered in the City's Fire Service Bylaw, 2006, lagoons and other Structures used for liquid manure storage or composting, or foundations for water storage tanks;
(b) a retaining wall which is 1.2 m in height or greater, measured from the lowest adjacent grade, including stepped-type retaining walls having an overall slope greater than 2H:1V (2 horizontal to 1 vertical) despite the height of any individual wall not exceeding 1.2 m;
(c) any Construction which changes the plan view of any floor of a Building or the roof of the Building;
(d) a Sundeck, the enclosure of an area above or below an existing Sundeck, or the enclosure of a carport;
(e) a change in the use or Occupancy classification of a Building as defined in the Building Code;
(f) a masonry fireplace and chimney unless the work is encompassed by another Building Permit;
(g) a portable or temporary rigid frame Structure covered with a flexible material, when the Structure exceeds 200 m2 in area; and each Structure is separated by 5 m between adjacent Structures or other Buildings, and designed to withstand against wind;
(h) Construction or removal of an additional Suite, including but not limited to a Secondary Suite or Coach House;
(i) Swimming Pools;
(j) any paved or concrete area from which surface water will drain to the City's storm drainage system;
(k) Building envelope Repairs or replacement of cladding on a multi-family residential Building where there is a Registered Professional responsible for the work;
(l) a sign for which a permit is required by the City's Sign Bylaw, 2001;
(m) storage racking systems exceeding 2.6 m in height;
(n) any work which involves the installation, removal, Alteration, addition, or Repair of a structural component of the Building;
(o) any work where an exterior wall in a single family residential dwelling is stripped to studs and rebuilt, including thermal insulation and air and vapor barriers;
(p) installation, removal, Repair or reinstallation of firestopping system or a fire separation; and
(q) perimeter fencing designed to prevent unauthorized access to a Medical Marihuana Production Facility.
29 Except for minor or emergency repairs or fixture replacements, every person must apply for and obtain a Plumbing Permit before commencing the Construction of any Plumbing work, including Construction that does not require a Building Permit under Section 16.
30 Where the Owner has designated a person to represent the Owner as the Owner's agent, the permit application must include, on a form provided by the Chief Building Official, the Owner's authorization to allow the City to communicate with the Owner's agent directly in all matters pertaining to the Building Permit application.
Applications for Complex Buildings
31 An application for a Building Permit with respect to a Complex Building must be submitted in a form approved by the General Manager. Planning and Development Services, state the intended use or uses of the Building or Structure and, include:
(a) copies in scale, size, legibility and format, as specified by the Building Official, of the specifications and drawings of the Building or Structure showing all aspects of the proposed work;
(c) an analysis of the Building Code requirements for the Building or Structure, including any alternative solutions that are proposed;
(d) a copy of a title search made within 30 days of the date of the application, including copies of all registered rights of way, easements, and covenants.
(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 all statutory rights of way, easements and the City's Zoning Bylaw, 2014, setback requirements;
(iv) the location and dimensions of all existing and proposed Buildings or Structures on the parcel;
(v) setbacks to the natural boundary of any lake, swamp, Pond or watercourse;
(vi) the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a Building or Structure where the City has established minimum floor elevation requirements;
(vii) the lot grading information required by the City's Development Bylaw;
B/L 3278-2022
(viii) the location, dimension and gradient of parking and driveway access, and
(ix) the information clearly identifying what is the City's right of way from the property line to centre line of a Highway, including but not limited to location and labelling of any street lighting, existing curb and paving, street trees, rockpits, and connections and locations of underground City infrastructure, such as water, sewer and storm mains & services, fire hydrants, and electrical conduit associated with street lighting. All over head and underground franchise utilities must also be identified, including power, telecommunication, cable, including associated pole locations, and gas;
(f) floor plans showing the dimensions and uses of all areas; the dimensions and height of crawl and roof spaces; the location, size, hardware and swing of doors; the location, size and opening of windows; floor, wall and ceiling finishes, including calculations to demonstrate compliance with energy efficiency requirements of the Building Code; Plumbing fixtures; structural elements; and stair dimensions;
(g) a cross-section through the Building or Structure illustrating foundations, drainage, ceiling heights and Construction systems;
(h) elevations of all sides of the Building or Structure showing compliance with the spatial separation, and finish details, including colours in cases where a Development Permit specifies the colour of exterior surfaces, roof slopes, windows, doors, roof height and finished grade;
(i) cross-sectional details drawn at an appropriate scale and at sufficient locations to illustrate that the Building or Structure substantially conforms to the Building Code;
(j) copies of approvals required under any enactment relating to health or safety, including, without limitation, Highway access permits, Ministry of Health, Ministry of Environment or Fraser Health Authority approval;
(k) a Letter of Assurance, in the form of Schedule A, as referred to in Division C-Part 2 of the Building Code, signed by the Owner, or a signing officer of the Owner if the Owner is a corporation, and the Coordinating Registered Professional;
(k.1) a Letter of Assurance, in the form of Schedule B, and sealed design(s) from a Registered Architect, if required by the Architects Act;
B/L 3362-2023
(l) Letters of Assurance, in the form of Schedule B, as referred to in Division C-Part 2 of the Building Code, each signed by such Registered Professionals as the Building Official or Building Code may require to prepare the design for and conduct Field Reviews of the Construction of the Building or Structure; and
(m) where required by a Building Official, a Professional Engineer's report certifying that the land may be safely used despite the land being subject to a natural hazard, as referred to in Section 56 of the Community Charter; if the Professional Engineer has stipulated conditions under which the land may be safely used, a proposed covenant to be registered under Section 219 of the Land Title Act in favour of the City, setting out the stipulated conditions; and where required by a Building Official, an independent review of the report by a Professional Engineer at the cost of the Owner.
32 A Building Official may waive the requirements for a site plan, or a title search, in whole or in part, where the permit is sought for the Alteration of an existing Building or Structure.
33 In addition to the requirements of Section 31, the following may be required by a Building Official to be submitted with a Building Permit application for the Construction of a Complex Building where the complexity of the proposed Building or Structure or siting circumstances warrant:
(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 City's Development Bylaw;
B/L 3278-2022
(b) a section through the site showing grades, Buildings, Structures, parking areas and driveways;
(c) demonstration that a connection between a fire suppression system and a potable water supply is equipped so as to prevent the flow of water into the portable water supply system; and
(d) 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.
34 For the purposes of the Local Government Act, an application for a Building Permit will not be deemed to have been made until all of the applicable requirements of Section 31 have been met.
Applications for Standard Buildings
35 An application for a Building Permit with respect to a Standard Building must be submitted in a form approved by the General Manager, Planning and Development Services, state the intended use or uses of the Building or Structure, and include:
(a) copies in scale, size, legibility and format, as specified by the Building Official , of the specifications and drawings of the Building or Structure showing all aspects of the proposed work;
(b) zoning and Building Code analysis, which may be waived, in part or in whole, by the Chief Building Official for Agricultural Buildings and Manufactured Buildings;
(c) a copy of a title search made within 30 days of the date of the application together with all supporting documents, including, without limitation, copies of all registered rights of way, easements and covenants;
(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 all statutory rights of way, easements and the City's Zoning Bylaw, 2014, setback requirements;
(iv) the location and dimensions of all existing and proposed Buildings or Structures on the parcel, including on-site sewage disposal systems, if applicable;
(v) setbacks to the natural boundary of any lake, swamp, Pond or watercourse;
(vi) the existing and finished ground levels to an established datum at or adjacent to the site and the geodetic elevation of the underside of the floor system of a Building or Structure where the City has established floor elevation requirements;
(vii) the lot grading information required by the Zoning Bylaw, 2014;
(viii) the location, dimension and gradient of parking and driveway access, and
(ix) the information clearly identifying what is the City's right of way from the property line to centre line of a Highway, including but not limited to location and labelling of any street lighting, existing curb and paving, street trees, rockpits, and connections and locations of underground City infrastructure, such as water, sewer and storm mains & services, fire hydrants, and electrical conduit associated with street lighting. All over head and underground franchise utilities must also be identified, including power, telecommunication, cable, including associated pole locations, and gas;
(e) floor plans showing the dimensions and uses of all areas; the dimensions and height of crawl and roof spaces; the location, size, swing and performance grade of doors; the location, size, opening and performance grade of windows; floor, wall, and ceiling finishes, including calculations to demonstrate compliance with the energy requirements of the Building Code; Plumbing fixtures; structural elements, including seismic requirements of the Building Code; and stair dimensions;
(f) cross-sections through the Building or Structure illustrating foundations, drainage, ceiling heights and Construction systems;
(g) elevations of all sides of the Building or Structure showing compliance with spatial separation, and finish details, including colours in cases where a Development Permit specifies the colour of exterior surfaces, roof slopes, windows, doors, roof height and finished grade;
(h) 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;
(h.1) a Letter of Assurance, in the form of Schedule B, and sealed design(s) from a Registered Architect, if required by the Architects Act;
B/L 3362-2023
(i) copies of approvals required under any enactment relating to health or safety, including, without limitation, Highway access permits, Ministry of Health, Ministry of Environment or Fraser Health Authority approval; and
(j) where required by a Building Official, a Professional Engineer's report certifying that the land may be safely used despite the land being subject to a natural hazard, as referred to in Section 56 of the Community Charter; if the Professional Engineer has stipulated conditions under which the land may be safely used, a proposed covenant to be registered under Section 219 of the Land Title Act in favour of the City, setting out the stipulated conditions; and where required by a Building Official, an independent review of the report by a Professional Engineer at the cost of the Owner.
Site Plans and Title Searches for Alterations
36 The Building Official may waive the requirements for a site plan, or title search in whole or in part, where the Building Permit under Section 35 is sought for the Alteration of an existing Building or Structure.
Additional application requirements
37 In addition to the requirements of Section 35, the following may be required by a Building Official to be submitted with a Building Permit application for the Construction of a Standard Building where the project involves two (2) or more Buildings, or where 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 City's Development Bylaw;
B/L 3278-2022
(b) a section through the site showing grades in relation to grading standards, as set out in the City's Development Bylaw, Buildings, Structures, parking areas and driveways;
B/L 3278-2022
(c) structural, geotechnical and fire suppression drawings, if applicable, prepared and sealed by a Registered Professional;
(d) a Letter of Assurance, in the form of Schedule A, as referred to in Division C-Part 2 of the Building Code, signed by the Owner, or a signing officer of the Owner if the Owner is a corporation, and the Coordinating Registered Professional;
(e) Letters of Assurance, in the form of Schedules B, as referred to in Division C-Part 2 of the Building Code, signed by the Registered Professional; and
(f) 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.
Necessity to Meet Requirements
38 For the purpose of the Local Government Act, an application for a Building Permit will not be deemed to have been made until all of the applicable requirements of Section 35 have been met.
Tenant Improvement Permits
39 In substitution for the requirements of Section 35, an application for a Building Permit with respect to tenant improvements in an existing Building must state the intended uses of the part of the Building, and that of adjacent tenanted spaces and include:
(a) copies in scale, size, legibility and format, as specified by the Building Official, of the specifications and drawings of the Building or Structure showing all aspects of the proposed work;
(b) a site plan showing the location, dimension and allocation of off-street parking spaces;
(c) where required by the Chief Building Official, a Building Code and the City's Zoning Bylaw, 2014, analysis;
(d) floor plans showing the dimensions and uses of all areas; the location, size, hardware and swing of doors, Plumbing fixture layout, structural elements, stair dimensions; and location of all points of egress and exits;
(e) a cross-section through all walls, including interior walls, exterior walls and wall separating tenant spaces;
(f) a cross-section showing ceiling height and floor Construction;
(g) copies of approvals required under any enactment relating to health or safety, including, without limitation, Highway access permits, Ministry of Health, Ministry of Environment or Fraser Health Authority approval;
(g.1) A Letter of Assurance, in the form of Schedule B, and sealed design(s) from a Registered Architect, if required by the Architects Act;
(B/L 3362-2023
(h) where required by the Building Official:
(i) a Letter of Assurance, in the form of Schedule A, as referred to in Division C-Part 2 of the Building Code, signed by the Owner, or a signing officer of the Owner if the Owner is a corporation, and the Coordinating Registered Professional; and
(ii) Letters of Assurance, in the form of Schedule B, as referred to in Division C-Part 2 of the Building Code, each signed by such Registered Professionals as the Building Official or Building Code may require to prepare the design for and conduct Field Reviews of the Construction of the tenant improvements; and
(i) any other information required by the Building Official or the Building Code to establish substantial compliance with this Bylaw, the Building Code and other bylaws and enactments relating to the Building or Structure.
Single Family Residential Dwellings
40 In addition to the requirements of Section 35, the following must be submitted with a Building Permit application for the Construction of a single family residential dwelling:
(a) lot grading plans, in accordance with the lot grading plans provided by the developer's Registered Professional and accepted by the City; and, where the single family residential dwelling is sited on an infill lot, lot grading plans showing elevation of four (4) corners of the dwelling, relative to existing and proposed grades adjacent to the dwelling and at the corners of the parcel on which it is located;
(b) the Minimum Building Elevation and Garage Pad Elevation, as taken from the subdivision lot grading plan;
(c) the location of street trees and width, slope and location of driveways, on private property and from property line continuing to centre line of a Highway;
(d) details indicating that the Construction will be in accordance with any Building Code requirements pertaining to energy efficiency, including the Solar Hot Water Ready Regulation; and
(e) where the project involves an infill lot in an already established subdivision, a:
(i) current posting and topographic survey of the land prepared by a British Columbia Land Surveyor, or a person acceptable to the Chief Building Official to prepare such surveys; and
(ii) plan showing invert elevations of the municipal storm and sanitary sewer connections at the property line; and the Minimum Building Elevation to ensure gravity feed to the municipal connections, and in the case of storm drainage to an open ditch, the invert elevation of the outfall must be at least 250 mm below the crest of the ditch unless a greater elevation is approved by the City Engineer.
Manufactured Buildings
41 (1) In addition to the requirements of Section 35, the following must be submitted with a Building Permit application for the installation of a Manufactured Building:
(a) confirmation that installation and use of the Manufactured Building will be in conformance with the City's Zoning Bylaw, 2014;
(b) evidence that the Manufactured Building has been constructed and certified in accordance with Canadian Standards Association (CSA) Standard A277 or Z240 MH series; and that the installation will comply with the Building Code;
(c) where a Manufactured Building does not comply with Paragraph (b), Letters of Assurance, in the form of Schedule B, as referred to in Division C-Part 2 of the Building Code, from a structural engineer and an inspection certificate from an electrical contractor; and
(d) two (2) copies of drawings showing details of siting, servicing, and compliance with the Building Code, in accordance with Canadian Standards Association (CSA) Standard A277 Manufactured Homes and Buildings, in accordance with Canadian Standards Association (CSA) Standard Z240.10.1 for Z240 MH Manufactured Homes.
(2) A Building Official may refuse to issue a Building Permit to authorize the installation of a Manufactured Building if the Building Official is of the opinion that the building has deteriorated to the point that it no longer complies with the standards that applied to its construction.
Agricultural Buildings
42 In addition to the requirements of Section 35, the following must be submitted with a Building Permit application for the Construction of an Agricultural Building:
(a) evidence that the Building has been designed in accordance with the current edition of the Canadian Farm Building Code and the Building Code;
(b) for structural and geotechnical considerations, Letters of Assurance and stamped drawings by a Professional Engineer, and
(c) where applicable, an odour control plan for any Building or operations in accordance with the City's Farm (Mushroom Growing Operation Storm Water and Waste Management and On-farm Composting Bylaw, 1998.
Professional plan certification
43 The Letters of Assurance, in the form of Schedule B, as referred to in Division C-Part 2 of the Building Code, and provided pursuant to this Bylaw are relied upon by the City and its Building Officials as certification that the design and plans to which the Letters of Assurance relate comply with the Building Code and other applicable enactments.
44 A Building Permit issued pursuant to this Bylaw, must where applicable, include a notice to the Owner on the Building Permit that the Building Permit is issued in reliance upon the certification of the Registered Professionals that the design and plans submitted in support of the application for the Building Permit comply with the Building Code and other applicable enactments.
Fees, charges and securities
45 When a Building Permit is issued in reliance upon certification of designs and plans by a Registered Professional, the permit fee will be reduced by 5% of the fees payable, up to a maximum reduction as set out in the City's Fees and Charges Bylaw, 2006.
46 The fees and charges, based on the Cost of Construction, as prescribed in the City's Fees and Charges Bylaw, 2006, are hereby imposed on every person who obtains from the City a Building Permit, or other service described in Section 8, prior to obtaining the Building Permit or service, and each such fee or charge is payable in accordance with the applicable regulations, requirements and conditions contained in this Bylaw.
47 Building Permit fees for all classes of Construction including residential, multi-family, commercial, industrial, institutional, agricultural are based on the Cost of Construction of the works.
48 An application fee will be charged for all Building Permit applications, as set out in the City's Fees and Charges Bylaw, 2006, to ascertain the completeness of the application. Where a Building Permit is issued, the Building Permit fee will be reduced by the application fee amount paid.
49 The application fee, as set out in the City's Fees and Charges Bylaw, 2006, must be paid upon application for a Building Permit.
50 Except for the non-refundable amount, the application fee will be refunded if the Building Permit application is withdrawn or cancelled by the Applicant before the plan review has begun, as set out in the City's Fees and Charges Bylaw, 2006.
51 When the Building Permit is issued, but withdrawn and cancelled before any Construction begins or an inspection has been made, the Owner may obtain a refund of:
(a) the fees paid to obtain a permit under this Bylaw, in accordance with the City's Fees and Charges Bylaw, 2006, and
(b) the performance security paid under Section 55 less liabilities to the City under Section 56.
52 Where more than two (2) Building Reviews are necessary to review steps taken by an Applicant to correct a deficiency identified during a previous Building Review, the Chief Building Official will charge a re-inspection charge or an additional plan checking charge, as set out in the City's Fees and Charges Bylaw, 2006, and the amount must be paid prior to additional Building Reviews being performed.
B/L 3362-2023
53 For a required Building Review requested to be done after the hours during which the offices of the City are normally open, the person requesting the Building Review must pay an additional fee based on the time actually spent in making such Building Review , including travel time, subject to minimum call out time of four (4) hours, as set out in the City's Fees and Charges Bylaw, 2006.
54 A Building Permit that has not expired may be transferred to a new Owner of the property to which it pertains, on payment of the transfer fee, as set out in the City's Fees and Charges Bylaw, 2006.
55 Every person obtaining a Building Permit must deposit with the City a performance security in the form of an irrevocable Letter of Credit, or cash, as set out in the City's Fees and Charges Bylaw, 2006.
56 The City may use the performance security to Repair any Damage to City Property occurring as a result of the carrying out of the work authorized by the Building Permit, or to clear any debris, materials, chattels or equipment that has accumulated or been left on City Property, on the failure of the Permit holder to Repair the Damage or clear the debris, materials, chattels or equipment, or to perform any erosion and sediment clean-up and to pay for any outstanding fees or charges, as set out in the City's Fees and Charges Bylaw, 2006, against the property. The holder of the Building Permit is liable to the City for any costs in excess of the amount of the performance security.
57 The performance security deposited under Section 55 will be returned to the person who provided it after the date of issuance of an Occupancy Permit, other than a provisional authorization issued under Section 101, if the Building Permit holder is not in default of any obligations for which the performance security was provided.
58 If the person who provided the performance security under Section 55 cannot be located, the performance security will be administered in accordance with the Unclaimed Property Act.
59 If a Building Permit is transferred, the person to whom it is transferred must deposit the performance security required by Section 55, unless the person who provided that performance security authorizes the City, in writing, to hold the performance security on behalf of the new permit holder and waives their interest in the performance security.
60 If any work for which a Building Permit is required under this Bylaw is commenced before a Building Permit is issued, the Building Permit fees payable will be increased by 50% for work that was stopped before completion, and 100% for work that is deemed to be completed, with a minimum increase, as set out in the City's Fees and Charges Bylaw, 2006.
61 A Building Official may request an additional performance security for securing against an approved lot grading or drainage plan, and for any outstanding work that are identified for a provisional Occupancy, including unfinished asphalt paving, as provided in the City's Fees and Charges Bylaw, 2006.
62 A Building Official will charge a registration fee for an additional Suite, including but not limited to a Secondary Suite, or Coach House, at time of permit issuance, as provided in the City's Fees and Charges Bylaw, 2006.
Building Permits
63 An application for a Building Permit may be considered to have been abandoned and may be cancelled by a Building Official if:
(a) the Applicant has been notified that the Building Permit is ready for issuance and the Applicant has not requested the permit to be issued within six (6) months of the date of the notification; or
(b) the Applicant has been requested to provide information or documentation to complete the application and has not done so within three (3) months of the date of the request.
64 A Building Official will issue a Building Permit for which an application has been made, and attach conditions to which the Building Permit is issued against, when all of the conditions have been satisfied:
(a) a completed application, including all required supporting documentation has been submitted;
(b) the proposed work, set out in the application, substantially conforms with the Building Code, this Bylaw and all other applicable bylaws and enactments referred to in this Bylaw;
(c) all applicable fees have been paid imposed by this Bylaw, and as set out in the City's Fees and Charges Bylaw, 2006;
(d) all charges have been paid, as set out in the City's Fees and Charges Bylaw, 2006, provided securities and met all requirements imposed by any other enactment or bylaw;
(e) no enactment, covenant in favour of the City, agreement, or regulation of the City authorizes the permit to be withheld;
(f) the Owner has retained a Professional Engineer or Geoscientist, if required by the Engineers and Geoscientists Act or this Bylaw;
(g) all covenants related to the health, safety or protection of persons or property, the conservation of water or energy, the reduction of greenhouse gas emissions, or the provision of access for persons with disabilities, that are required in connection with the issuance of the Building Permit, have been registered on title;
B/L 3362-2023
(i) the Owner has signed the form of acknowledgement, set out in a form approved by the General Manager, Planning and Development Services.
B/L 3362-2023
65 When the application is in respect of a Building that includes, or will include, a Residential Occupancy, the Building Permit must not be issued, unless the Applicant provides evidence, pursuant to Section 22 of the Homeowner Protection Act, that:
(a) the proposed Building is covered by home warranty insurance, and the Constructor is a Licensed Residential Builder; or
(b) the Owner has provided an Owner Builder Declaration and Disclosure Notice Authorization, as required by Section 19 of the Homeowner Protection Act Regulation.
66 Every Building Permit is issued upon the condition that the Building Permit will expire; and the rights of the Owner under the Building Permit will terminate if:
(a) the work authorized by the Building Permit is not commenced within six (6) months from the date of issuance of the Building Permit; or
(b) work is discontinued for a period of 12 months from the date of the last inspection by the Building Official.
67 Except where - Section 70 applies, every Building Permit will expire after two (2) years from the date of issuance.
68 Prior to the expiration, a Building Official may amend the scope of the Building Permit for any Construction that was completed and accepted prior to the expiration.
Building permit expiry
69 (1) A Building Permit for the installation or construction of a sign expires 6 months after it is issued.
(2) A building permit for demolition expires 6 months after it is issued.
B/L 3362-2023
70 Where the work authorized by a Building Permit does not receive a final inspection within the time period specified in this Bylaw, the Building Official may, upon payment of the renewal fee, as set out in the City's Fees and Charges Bylaw, 2006, authorize an extension to a Building Permit, as follows:
(a) except for Building Permits referred to in Paragraph (b), a one (1) year extension, with a further one (1) year extension available upon payment of an additional renewal fee; and
(b) for the Construction of a sign, a three (3) month extension.
B/L 3362-2023
71 The Chief Building Official may approve a further extension to a Building Permit that has been extended for two (2) years under Subsection 8(a) in cases where the work authorized by the Building Permit is underway, the work cannot reasonably be completed and inspected before the permit expires, or due to hardship, and the Owner has paid the additional renewal fee, as set out in the City's Fees and Charges Bylaw, 2006, but not so as to extend the term of the permit for more than four (4) years beyond its original expiry date.
72 A new application must be made upon the expiry of a Building Permit under Section 66, Section 67, or Section 68.
73 A Building Official may issue a Building Permit for a portion of a Building or Structure, in phases, before the design, plans and specifications for the entire Building or Structure have been accepted, if sufficient information has been provided to the City to demonstrate to the Building Official that the portion authorized to be constructed substantially complies with this and other applicable bylaws; and the permit fee of the Building or Structure has been paid. The issuance of the Building Permit notwithstanding, the requirements of this Bylaw apply to the remainder of the Building or Structure as if the permit for the portion of the Building or Structure had not been issued.
74 A Building Permit is deemed to have been issued as of the date it was signed by the Building Official.
75 No Building Permit may be transferred to another person, unless such transfer is first approved by the Building Official and a transfer fee paid, in accordance with this Bylaw, as set out in the City's Fees and Charges Bylaw, 2006.
76 No Building Permit will be issued for the Construction of any Building not served by a public sanitary sewer system until the City has been advised, in writing, by an Authorized person, as defined in the Sewerage System Regulation that the Applicant has completed all Health Authority filings required by the Regulation.
Retaining Walls
77 A Registered Professional must undertake the design and conduct Field Reviews of the Construction of a retaining wall for which this Bylaw requires a Building Permit.
Professional Design and Field Review
78 When a Building Official considers that the site conditions, size or complexity of a development or an aspect of a development warrant, the Building Official may require that a Registered Professional provide design and plan certification and Field Review by means of Letters of Assurance, in the form of Schedules B and C-B, referred to in Division C-Part 2 of the Building Code.
79 Prior to the final inspection and authorization to occupy a Complex Building, or Standard Building in circumstances where Letters of Assurance have been required or submitted, in accordance with this Bylaw, the Owner must provide the City with Letters of Assurance, in the form of Schedules C-A and C-B, referred to in Division C-Part 2 of the Building Code.
Time-limited permits and show home permits
80 Subject to the provisions of this Bylaw and any other applicable bylaw of the City, the Building Official may issue a Building Permit to erect or place a Building or Structure for a period of up to 24 months from the date of the Building Permit issuance, by which time the Building or Structure must be removed or demolished.
81 Before issuing a Building Permit for a Building or Structure under Section 80, the Building Official must be satisfied that:
(a) the Building or Structure complies with the Building Code and the City's Zoning Bylaw, 2014, and is suitable for its intended use for the period that would be specified in the permit;
(b) a performance security, as set out in the City's Fees and Charges Bylaw, 2006, has been deposited with the City to secure the removal or demolition of the Building or Structure within the time limit established in the Building Permit; and
(c) a restrictive covenant has been registered against the title of the property prohibiting the retention of the Building or Structure on the property after the expiry of the time period specified in the Building Permit, requiring that it be removed or demolished at the Owner's cost, and authorizing the City to remove the Structure at the Owner's cost without further notice to the Owner if the Owner fails to do so.
82 If the Building or Structure is not removed or demolished within the time period specified in the Building Permit, the performance security will be forfeited to the City to perform the work, and the Building or Structure left standing is deemed to be Work Without Permit.
83 A Building Official may renew a Building Permit issued under Section 80 for up to an additional two (2) year period, as a one-time renewal, provided that:
(a) the application for renewal is made before the expiry of the period specified in the subsisting permit;
(b) the Building Official is satisfied that the Building or Structure will comply with the Building Code, and be suitable for its intended use for the further period that would be specified in the permit;
(c) the holder of the permit pays the Building Permit renewal fee, as set out in the City's Fees and Charges Bylaw, 2006; and
(d) the holder of the permit has paid any development cost charges that are applicable to the Building or Structure under the City's Development Cost Charges Imposition Bylaw, 2010.
84 The Chief Building Official may request Council to further extend a time limited Building Permit where such extension is warranted.
85 A Building Official may issue a Building Permit for a show home on lots where:
(a) the application is made by the subdivision developer who remains the holder of the show home Building Permit and the primary contact for the show home Building Permit, including, but not limited to, booking of inspections;
(b) the works and services installed at the time of the show home Building Permit issuance is acceptable to the City Engineer, and the City Engineer authorizes the release of lots for a show home;
(c) the subdivision developer provides a letter of undertaking which indicates the show home cannot be sold or otherwise transferred in any type of real estate transaction until the City Engineer accepts the substantial completion of the required works and services;
(d) except for the works and services, the show home meets all applicable bylaws, codes, and approvals that could otherwise apply to a single family residential dwelling;
(e) conditions on the show home Building Permit includes, but are not limited to, an expiry date, and ineligibility for an Occupancy Permit; and
(f) the subdivision developer agrees to apply for a new Building Permit to convert the show home to a single family residential dwelling prior to the expiry date set out in Subsection (e), upon a Certificate of Substantial Completion, as defined in the City's Development Bylaw, is issued by the City Engineer.
B/L 3278-2022
Responsibilities of the Owner
86 Every Owner must, as required by the Building Code, ensure that all Construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety.
87 Every Owner to whom a Building Permit is issued, during Construction:
(a) must post and maintain the permit card issued by the City, in a conspicuous place on the property, in respect of which the permit was issued;
(b) must keep a copy of the accepted designs, plans and specifications on the property;
(c) is responsible for the cost of Repair of any Damage to City Property that occurs in the course of the work authorized by the permit;
(d) is responsible for making an inspection of the existing condition of all City Property adjacent to the Building site, and must report any existing Damage to the City Engineer before commencing work. All Damage identified by the City Engineer following final inspection will be deemed to be caused by the Owner unless such Damage was reported prior to commencing work or the Owner establishes to the satisfaction of the City Engineer that the Damage was caused by others; and
(e) where a Building Permit has been issued, the Owner must ensure that:
(i) no material or equipment related to the Construction is placed or stored on City Property;
(ii) no excavated material or fill is removed from, or imported onto, the property where the Construction is occurring, unless a soil removal or soil deposit permit has been granted for such removal pursuant to the City's Soil Removal and Deposit Bylaw, 2003;
(iii) there is no disturbance to adjacent properties or to existing erosion and sediment control appurtenances;
(iv) all Construction access to the property is restricted to gravel pads constructed on the property at the driveway access to the property;
(v) erosion and sedimentation control measures are in place, in accordance with the City's Erosion and Sediment Control Bylaw, 2010;
(vi) the residue from the cleaning of concrete trucks, or the wash from exposed aggregate concrete, is not discharged directly or indirectly into the City storm drainage system or onto other City Property;
(vii) sidewalks and roadways are kept clear of mud originating on the property and are cleaned daily;
(viii) Construction debris or trades garbage are not deposited or allowed to accumulate on any public road or adjacent property, and that containers or bins are placed on the site to provide for disposal of all Construction debris and trades garbage until the Construction is complete;
(ix) adequate washroom facilities are provided on the site until the Construction is completed; and
(x) the Construction site is free of unsafe or fall hazards, and hazardous materials, prior to a Building Official attending an inspection.
88 Where a property is serviced by a private sewage disposal system, the Owner will be responsible to ensure that placement of any Structure does not impact or interfere with the functioning of the sewage disposal system.
Field Reviews and Building Reviews
89 When a Registered Professional provides Letters of Assurance, in accordance with this Bylaw, the City 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 Construction substantially conforms to the design and substantially complies with the Building Code, this Bylaw and other applicable enactments respecting safety.
90 Notwithstanding Section 89, a Building Official may attend the site from time to time during the course of Construction to ascertain that the Field Reviews are taking place, and to monitor the Field Reviews undertaken by the Registered Professionals.
91 The Owner or the Applicant must schedule a Building Review with a Building Official to verify that Field Reviews are being conducted by the Registered Professional at the following stages of Construction of a Complex Building:
(a) upon completion of footing and foundation forms;
(b) prior to backfilling on-site services, including damp-proofing and foundation insulation, if applicable, water line and storm sanitary sewer connections;
(c) upon completion of below slab Plumbing, above slab Plumbing, waterlines, p-traps and sprinkler system;
(d) upon completion of framing;
(e) upon completion of fire stopping, fire blocking, and fire separations;
(f) upon completion of installation of insulation and vapour barrier; and
92 A Building Official may conduct a Building Review with, or without, prior notice at the site of the Construction of a Standard Building to monitor whether the Construction is being carried out in substantial conformance with the approved plans, the Building Code, this Bylaw and any other enactment concerning safety.
93 Where there are Letters of Assurance submitted by Registered Professionals, no aspect of the work is to be concealed until the Registered Professional responsible for that aspect of the work has approved, in writing; and made available the necessary Field Review documentation to the Building Official.
94 The Building Official may require the Building Permit holder to provide a post completion lot grading survey to confirm adherence to the lot grading elevations and onsite drainage works, as shown on the Building Permit plans. The survey work must be carried out by a British Columbia Land Surveyor, or a person acceptable to the Chief Building Official to prepare such surveys.
95 The Owner or the Applicant must give at least 24 hours' notice to the City when requesting or scheduling a Building Review of a Standard Building and must:
(a) obtain a Building Official's acceptance of the work prior to concealing it; and
(b) where the Building, Structure, material, appliance, system, or equipment is designed by a Registered Professional and a Letter of Assurance has been provided, ensure that all required Field Reviews are carried out by the Registered Professional; that all required schedules are provided to the City; and except in circumstances where the City is relying on Letters of Assurance, obtain a Building Official's acceptance of the work.
96 Every Owner or the Applicant must request a Building Review and acceptance of the work at the following stages of Construction, as applicable, of a Standard Building or Structure. Where the work is completed, the inspection may be booked for a combination of the following, as applicable before covering up:
(a) footing forms before concrete is poured, to verify that required reinforcing steel is placed and that dimensions of footings comply with accepted plans;
(b) foundation forms before or after concrete is poured, as specified by the Building Official; a British Columbia Land Surveyor survey certificate or an acceptable equivalent, if required by the Building Official, must be provided prior to the Building Review to verify that strip footing elevation and setbacks comply with accepted plans; and that height of foundation walls requiring lateral support complies with the Building Code;
(c) drain tile, drain rock, filter cloth, foundation insulation, where required and damp proofing are completed and before backfilling, to verify that drainage tile has been placed where indicated on accepted plans, that filter cloth has been placed over drainage tile, that required depth of drainage rock has been placed over drain tile, and that connection of perimeter drains has been made to a Building sump;
(d) roof drainage system is in place, to verify that a separate rain water drainage collection system has been installed along the foundation wall, and that this system has been connected to a Building sump or directly to a storm sewer;
(e) Building drain, sanitary and storm drains are in place, with a water test on the Plumbing system and sanitary sewer line, to verify compliance with the plumbing requirements in the Building Code, pipe location, pipe slope, pipe bedding, pipe depth, location of manholes, cleanouts, oil-water interceptors and other appurtenances indicated on accepted plans, and to inspect for leakage from pipes under test pressure;
(f) Rough-in Plumbing is in place, before any portion of the Plumbing system is buried or covered, to verify pipe type and size, drainage, venting and slopes for conformity with accepted plans and with the Plumbing requirements in the Building Code, and to inspect for leakage from pipes under test pressure;
(g) polyethylene sheeting or insulation is in place under floor slab; and venting is provided where needed for radon gas;
(h) after installation and completion of structural framing, solar hot water ready requirements, roofing, windows, doors, Rough-in Plumbing and wiring, heating systems, and fireplaces; a certified copy of the roof truss drawings, engineered beams and details regarding engineered floor joist system design and layout, as applicable, and mechanical ventilation checklists must be available on site:
(i) to verify that framing, except for components which are concealed by other framing members, has been completed to comply with Section 9.23 of the Building Code, that engineered trusses and floor systems have been installed, in accordance with engineered plans, and that, for dwellings, the mechanical ventilation system, specified on the ventilation checklists, has been completed;
(ii) to verify that windows and doors meet the performance requirements of North American Fenestration Standard (NAFS), and have been installed correctly complete with membrane flashing;
(iii) to verify that fire separations, fire blocking and fire stopping are installed to comply with the Building Code; and
(iv) to verify that doors, dampers and other closures in fire separations have been installed;
(i) Building water supply system is tested to manufacturer's specifications;
(j) sprinkler system, if installed, is under manufacturer's specifications as regards pressure, that sprinkler pipes are insulated in unheated areas, and that a trip test is completed for dry systems;
(k) installation of rain-screen system, where required;
(l) installation of sheathing membrane and wire for stucco finish, to verify Building sheathing membrane, including flashings at openings and penetrations, is applied correctly and that metal lath is installed;
(m) insulation, air and vapour barrier before interior finish is applied which would conceal the work, to verify that insulation, air and vapour barrier are installed and that an Insulation Confirmation Form, as provided by the City, is completed by the installer; and
(n) after completing Construction of, but before Occupancy or use of the Building to verify substantial compliance with the Building Code, City bylaws and any other enactments regarding health and safety:
(i) stairs, guards and handrails;
(ii) cladding, including required separation from cladding to grade;
(iii) civic address permanently displayed, in accordance with the City's Street Naming and Addressing Bylaw, 2015;
(iv) Plumbing fixtures and installation thereof;
(v) heating system, including supply of combustion air to the appliance;
(vii) for crawl space, ground cover and ventilation, if applicable;
(viii) openings, including closures for compliance with the approved plans;
(ix) lot grading and driveway location and width for compliance with the approved plan;
(x) fire alarm system, if applicable, and smoke alarms and carbon monoxide detectors;
(xi) all required Letters of Assurance, Schedules C-A and C-B, as referred to in the Building Code, third party roof certification from a certified member of the Roofing Contractors Association of BC or equivalent, as accepted by the Building Official , if the Building Official determines it is required, and fire alarm verification, if applicable;
(xii) exit signage, if applicable; and
(xiii) any other documentation that may be required to verify health and safety; and
(o) no aspect of the work referred in Section 89 to Section 96 can be concealed until a Building Official has accepted it in writing.
Authorization to occupy
97 No person may occupy or use a Building or Structure or part of a Building or Structure until authorization to occupy has been given by a Building Official.
98 The lot grading survey, when required in Section 94, must be submitted to the Building Official for acceptance prior requesting for an authorization to occupy a Building.
99 A Building Official may request the Owner to re-verify the Cost of Construction for the purposes of evaluating permit fees prior to booking the final inspection, and the issuance of an Occupancy Permit.
100 The Building Official will authorize the Occupancy of a Building or Structure when:
(a) Letters of Assurance have been submitted when required, in accordance with this Bylaw;
(b) all aspects of the work requiring a Building Review and acceptance have been conducted pursuant to this Bylaw;
(c) all fees related to the Building Permit, as set out in the City's Fees and Charges Bylaw, 2006, are paid in full;
(d) in the case of a Building or Structure that is subject to any flood Construction level imposed by the City or the Local Government Act, the Owner has provided to the Building Official as-constructed drawings indicating the elevation of the lower surface of any floor system or pad that supports any space or room used for dwelling purposes, business or the storage of goods that susceptible to Damage by floodwaters; and
(e) in the case of a Medical Marihuana Production Facility, the Owner has provided to the Building Official a fire protection and fire plan, approved in writing by the Fire Chief as meeting the City's requirements for emergency access to the facility.
101 The Chief Building Official may provisionally authorize Occupancy for a part of a Building or Structure specified in the authorization, for the duration Owner granted, upon the request of the holder of a Building Permit or the Owner of a Building for which a Building Permit has been issued; when:
(a) that part of the Building or Structure is self-contained, and the plumbing, electrical and heating work, for the portion that will be occupied, are completed and accepted by the Building Official;
(b) all fire and life safety items, and Building envelope items, are completed and accepted by the Building Official;
(c) approved in writing by the Fire Chief and
(d) on payment of fees and performance securities, as set out in the City's Fees and Charges Bylaw, 2006.
102 No such authorization will relieve the Owner from their duty to comply with the conditions to which the provisional Occupancy was issued, the Building Code or this Bylaw with respect to any aspect of Construction of that or any other portion of the Building.
Disclaimer of warranty or representation
103 Neither the issuance of a Building Permit under this Bylaw, the review and acceptance of the design, drawings, plans or specifications, nor Building Review made by a Building Official, constitutes a representation or warranty that the Building Code, or this Bylaw, has been complied with, or that the Building or Structure meets any standard of materials or workmanship; and no person may rely on any of those acts as establishing compliance with the Building Code, this Bylaw, or any standard of Construction.
Climatic data
104 Climatic data for the design of Buildings will be that contained in the Building Code. For Buildings constructed above an elevation of 100 m geodetic, 0.008 kPa will be added to the snow load for each full metre that any portion of the roof of the Building is above 100 m geodetic.
Accepting alternatives
105 An Owner who wishes to provide alternative solutions to satisfy one (1) or more of the requirements of the Building Code or this Bylaw must submit sufficient evidence to demonstrate that the proposed alternative solution will provide the level of performance required by the Building Code or this Bylaw and must pay the fee set out in the City's Fees and Charges Bylaw, 2006.
106 In relation to existing Buildings where there may be Construction difficulties, a Building Official may accept, in addition to the alternative solutions referenced in the Building Code, existing conditions with mitigating features, and may issue permits sought under this Bylaw if the Building Official determines the mitigating features substantially meet the intent of the Building Code for fire and life safety requirements, and that there are no unsafe conditions.
107 Nothing in this Section may be interpreted as requiring a Building Official or the Chief Building Official to accept or approve any alternative or other relaxation whether or not an unsafe condition exists.
108 In addition to the Building Code, a Building Official may use another standard or model, generally acceptable in the industry, that is not inconsistent with the Building Code, and that is deemed acceptable by the Chief Building Official, to evaluate an existing Building.
Council reconsideration
109 An Applicant or permit holder, who wishes Council to reconsider the Chief Building Official's or Building Official's decision to refuse, suspend, cancel or impose terms and conditions on a permit, may appeal the decision, in accordance with the City's Appeal Procedure Bylaw, 2016.
111 No person may conduct Construction work on a property on which a Stop Work notice has been posted, as authorized under Section 27 (e) until all applicable provisions of this Bylaw have been substantially complied with, and the Stop Work notice has been rescinded, in writing, by a Building Official.
112 No person may occupy or use a Building or Structure in respect of which a Do Not Occupy notice, as authorized under Section 27 (f), or an Unsafe to Occupy notice, as authorized under Section 7.1 (h), has been posted until all applicable provisions of the Building Code and this Bylaw have been substantially complied with, and the Do Not Occupy notice or Unsafe to Occupy notice has been rescinded, in writing, by a Building Official.
113 The Owner of property on which a Work Without Permit notice has been posted, as authorized under Section 27 (g), must make a Building Permit application immediately, or may be ordered by a Building Official to remove the unpermitted work.
114 Where the provisional Occupancy, issued under Section 101, expires and the outstanding work is not completed, the Chief Building Official may initiate the process for a notice in the land title office under Section 57 of the Community Charter that the inspection of the Building Permit was not satisfactorily completed.
115 Where the Owner or Applicant continues to contravene this Bylaw, the Chief Building Official may refuse to accept any new permit applications, or refuse to continue the plan check, or refuse to permit booking of inspections, with any properties under the same Owner or Applicant, until the remedies are made to address the violations, to the satisfaction of the Chief Building Official.
Repeal
116 The following bylaws, and any and all amendments, are hereby repealed:
(a) Bylaw No. 2597-2016, "Building Bylaw, 2016"; and
(b) Bylaw No. 1302-2004, "Building Permit Fee Refund Bylaw, 2004".