Plain English Summary
This bylaw, officially called the "Safe Premises Bylaw No. 652, 2007," aims to protect the health and safety of people in View Royal by regulating properties that may have hazardous conditions. It affects property owners, tenants, and anyone who occupies a building in View Royal. The bylaw focuses on issues like disconnected utilities, improper venting, the presence of hazardous substances (as listed in Schedule E), blocked exits, unauthorized electrical alterations, and especially grow operations. If a property is found to have hazardous conditions, the Building Inspector can issue a list of required actions. The owner must then complete these actions within 90 days, including obtaining necessary permits and inspections. Inspectors can enter properties to check for compliance, and notices can be posted on unsafe buildings, prohibiting entry. Owners also have a duty to report any contraventions of the bylaw to the Building Inspector. Failure to comply can result in fines.
Legislative Timeline
Adopted 2007
Official adoption year of Bylaw No. 652
Document Outline
Safe Premises Bylaw No. 652, 2007
Part 1 Citation
1.1 Title of the Bylaw
Part 2 Severability
2.1 Bylaw Validity
Part 3 Definitions
3.1 Definitions of Terms Used in the Bylaw 3.2 References to Enactments
Part 4 Hazardous Conditions
4.1 Disconnected Utilities 4.2 Improper Venting 4.3 Hazardous Substances Limits 4.4 Blocked Exits and Electrical Issues 4.5 Unauthorized Alterations
Part 5 Health & Safety Requirements
5.1 Grow Operation Requirements 5.2 Structural Integrity 5.3 Hazardous Substance Remediation
Part 6 Powers of Building Inspector, Fire Chief and Inspectors
6.1 Right of Entry 6.2 Posting Notices of Hazardous Conditions 6.3 Restrictions on Interference with Notices
Part 7 Town Reliance
7.1 Owner's Responsibility 7.2 Reliance on Professional Certifications
Part 8 Duty of Registered Owner
8.1 Reporting Contraventions 8.2 Waiver of Special Inspection Fee 8.3 Notification to Prospective Occupants 8.4 Responsibility for Compliance with Codes 8.5 Timeframe for Remedial Work
Part 9 Fees
9.1 Payment of Fees
Part 10 Offence and Penalty
10.1 Penalties for Contravention 10.2 Continuing Offences
Part 11 Schedules
Schedule A – Fees (Deleted by Bylaw No. 958, 2016) Schedule B – Hazardous Conditions Requirements List Schedule C – Certification Form Schedule D – Notice Schedule E – Hazardous Substances
Full Text
TOWN OF VIEW ROYAL
BYLAW NO. 652, 2007
Amended by Bylaw 958
A BYLAW TO REGULATE, PROHIBIT OR IMPOSE REQUIREMENTS
RESPECTING HEALTH AND SAFETY ON PROPERTY
WHEREAS the Council of the Town of View Royal wishes to enact a bylaw to
regulate, prohibit and impose requirements respecting health and safety matters
on property;
NOW THEREFORE, the Council of the Town of View Royal enacts as follows:
Part 1 Citation
1.1
This Bylaw may be cited as Safe Premises Bylaw No. 652, 2007.
Part 2 Severability
2.1
If a portion of this bylaw is found invalid by a court, it will be severed and
the remainder of the bylaw will remain in effect.
Part 3 Definitions
3.1
In this bylaw,
“amphetamines” include dextroamphetamines and methamphetamines;
“building” means any structure or construction for any use or occupancy;
“Building Bylaw” means the Town of View Royal Building Bylaw;
“Building Code” means the British Columbia Building Code;
“Building Inspector” means the chief building official for the Town, and
every building inspector appointed by the Town to inspect buildings or
structures;
“Electrical Code” means the British Columbia Electrical Code Regulation;
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
2
“Fire Chief” means the person who is appointed to be head of the Town’s
fire and rescue services and every person designated by Council by name
of office or otherwise to act in the place of the Fire Chief;
“Fire Code” means the British Columbia Fire Code;
“Fire Services Act” means the Fire Services Act of British Columbia;
“grow operation” means the cultivation of marijuana plants or production of
amphetamines on a parcel;
“hazardous condition” means a contravention of any regulation in Part 4 of
this bylaw;
“hazardous conditions requirement list” means a list of hazardous
conditions present on a parcel, and any work required to address or
remove those hazardous conditions, prepared or compiled by the Building
Inspector following an inspection or special safety inspection, and which
may be in the form of Schedule B;
“hazardous substance” means a substance listed in Schedule “E;”
"IICRC" means the Institute of Inspection Cleaning and Restoration
Certification;
“inspector” means:
(a)
the Fire Chief, and every person appointed by Council or
the Fire Chief, as applicable, to be an officer or employee
of the Town’s fire and rescue service,
(b)
the Building Inspector,
(c)
a peace officer,
(d)
an Electrical Safety Officer,
(e)
a bylaw enforcement officer,
(f)
a representative from Vancouver Island Health Authority,
(g)
the deputy or designated alternate of a person, officer or
employee referred in paragraphs (a) to (f),
(h)
other persons designated by Council by name of office or
otherwise to act in the place of the persons, officers or
employees referred to in paragraphs (a) to (f);
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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“owner” includes, in addition to the definition in the Community Charter,
the lessee, licensee, tenant, caretaker, user or occupier of a building or a
part of a building, or the agent of the owner;
“professional cleaner” means an individual or corporation experienced
and qualified in removing contaminants, including pesticides, fertilizers or
chemicals used to manufacture amphetamines or to grow controlled
substances;
“registered owner” means a person who is registered in the Land Title
Office as the title holder of a parcel;
“residential premises” means a building on a parcel that is used or may be
used as a residence, including any buildings that may be accessory to a
residential use, including a garage or garden shed;
“special safety inspection” means an inspection coordinated by the
Building Inspector for the purpose of determining the presence of any
hazardous conditions, and may be conducted or coordinated with the
Royal Canadian Mounted Police and other authorities;
“Town” means the Corporation of the Town of View Royal;
“unauthorized alteration” means any change made to the structural,
mechanical natural gas system, or electrical components of a building that
requires a building permit, but for which no building permit has been
issued pursuant to the Building Bylaw, and which results in an increased
risk to health or safety on a parcel;
“utility” means a lawful provider of an electrical, water or natural gas
service from a distribution system to consumers.
3.2
All references to an enactment in this bylaw refer to that enactment as it is
in force from time to time.
Part 4 Hazardous Conditions
4.1
No owner may occupy or permit the occupancy of a building where a
meter installed for the purpose of ascertaining consumption of electricity,
water or natural gas from an electrical, water or natural gas distribution
system has been disconnected or bypassed, except where such
disconnection has been specifically permitted or required by the Town, a
utility, or a government authority.
4.2
No owner may occupy or permit the occupancy of a building where
exhaust vents for hot water tanks or furnaces exhaust into or within a
building.
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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4.3
No owner may occupy or permit the occupancy of a residential premises
where a hazardous substance is present inside a building in an amount
that exceeds the limits set out for that hazardous substance, either in
volumetric quantity or parts per million, in Schedule E of this Bylaw.
4.4
No owner may occupy or permit the occupancy of a building where:
(a)
an exit or access to an exit required under the Building
Code is blocked or obstructed; or
(b)
the number of electrical circuits or connections to an
electrical service exceeds the amount permitted under the
Electrical Code or another enactment.
4.5
No owner may occupy or permit the occupancy of a building where there
is an unauthorized alteration.
Part 5 Health & Safety Requirements
5.1
If a hazardous condition exists for a building with a grow operation, no
owner may use or occupy or permit the occupancy of the building until:
(a)
the owner has paid the Special Safety Inspection Fee as
described in Fees and Charges Bylaw No. 958;
(Bylaw No. 958, 2016)
(b)
a special safety inspection of the building coordinated by
the Building Inspector has been carried out;
(c)
the Building Inspector has issued a hazardous conditions
requirement list;
(d)
the owner has obtained all building permits, approvals or
authorizations required to carry out any work identified in
the hazardous conditions requirement list;
(e)
the owner has carried out or caused to be carried out all
the work stated in the hazardous conditions requirements
list within ninety days from the date of the hazardous
conditions requirements list;
(f)
the Building Inspector has inspected the building and
determined that the work required in the hazardous
conditions requirement list has been completed in
accordance with all requirements of this Bylaw, the Building
Bylaw, the Building Code, the Fire Code and all other
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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applicable enactments and that no hazardous condition
remains in the building; and
(g)
the Building Inspector has removed any notices under Part
6 and issued a new occupancy permit for the building
pursuant to the Building Bylaw.
5.2
Where a hazardous condition exists on a parcel which affects the
structural integrity of a building on the parcel, the Building Inspector may
include in the hazardous conditions requirements list a requirement that
the owner must obtain a report from a qualified professional engineer
certifying that the building is safe for occupancy;
5.3
Where a hazardous condition involving a hazardous substance is found in
a building, the Building Inspector may include in the hazardous conditions
requirements list any or all of the following requirements:
(a)
that the owner must clean or remove and dispose of all
carpets and curtains in a building;
(b)
if a building is heated by forced air heating, the owner must
have the furnace, all air ducts, main distribution ducts,
venting, and filtering cleaned by a professional cleaner or
by a duct cleaning company;
(c)
the owner must have all walls, floors, ceilings and any other
spaces, components, or assemblies, as required, in the
building cleaned and disinfected by a professional cleaner
or replaced;
(d)
the owner must provide a certificate report in the form
prescribed in Schedule C, from a person certified by the
IICRC, or another recognized Canadian certification
program, certifying that the building or residential premises
meet the standards of this bylaw for the removal of all
hazardous substances.
Part 6 Powers of Building Inspector, Fire Chief and
Inspectors
6.1
Subject to s. 16 of the Community Charter, an inspector may enter on real
property to:
(a)
inspect and determine whether there is compliance with
regulations under this bylaw;
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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(b)
to carry out a special safety inspection; or
(c)
take action authorized under s. 17 of the Community
Charter.
6.2
If the Building Inspector or Fire Chief has reasonable grounds to believe
that all or part of a building contains a hazardous condition, the Building
Inspector or Fire Chief may post a notice in the form of Schedule D in a
conspicuous place at the entrances of the parcel or a building on the
parcel and deliver to the owner of the parcel a notice that the building is
unsafe and that no person may enter or occupy the building.
6.3
A person must not:
(a)
interfere with or obstruct the Building Inspector or the Fire
Chief from posting a notice under this Part;
(b)
remove, alter, cover or mutilate a notice posted under this
Part; or
(c)
occupy a building or premises until the Building Inspector
has removed the notice posted under this Part, except with
the prior written permission of the Building Inspector.
Part 7
Town Reliance
7.1
Neither the removal of a notice posted under this bylaw, nor the issuance
of a building permit under this bylaw, nor the acceptance or review of
plans, drawings or specifications or supporting documents, or any
inspections made by or on behalf of the Town, will in any way relieve the
owner from full and sole responsibility to perform work required or
contemplated under this bylaw or the Building Code and all other
applicable enactments, nor do they constitute in any way a representation,
warranty, assurance or statement that the Building Code, this bylaw or any
other applicable codes standards or enactments have been complied with.
7.2
When a professional cleaner, engineer, architect or other person provides
certification or other documentation to the Town under this bylaw that the
work required by or contemplated by this bylaw substantially conforms to
the requirements of this bylaw, the health and safety requirements of the
Building Code, Electrical Code, or any other health and safety
requirements established by applicable enactments, the Town may rely
solely on the documentation as evidence of conformity with these
requirements and not on its receipt of plans, monitoring of the work,
acknowledgement of completion, or removal of a notice.
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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Part 8
Duty of Registered Owner
8.1
Every registered owner of a parcel that contains a residential premises
that is subject to a tenancy agreement and who is aware of or has
attended the residential premises at a time when there is a contravention
of this bylaw must:
(a)
within 24 hours of the discovery of the contravention,
deliver written notice to the Building Inspector of the
particulars of the contravention; and
(b)
take such action as may be necessary to bring the
premises into compliance with this bylaw.
8.2
Where an owner inspects and reports a contravention under section 8.1 of
this bylaw that the Town or its inspectors were unaware of, the Special
Inspection Fee arising in respect of the contravention shall be waived in
respect of that building.
8.3
The owner must notify all prospective occupants in writing that the property
was subject to remedial work required under Part 5 of this bylaw.
8.4
It is the full and sole responsibility of the owner to carry out any work
required pursuant to this bylaw in compliance with this bylaw and all other
applicable codes, standards and enactments, including the Building Code.
8.5
It is the full and sole responsibility of the owner to carry out any work
required pursuant to this bylaw on or before ninety days from the date of
the hazardous conditions requirements list issued under Part 5 of this
bylaw.
Part 9
Fees
9.1
Any fees imposed under this Bylaw are due and payable within forty-five
(45) days of invoice and, if not paid on December 31st of the year in which
they are imposed, may be added to and form part of the taxes payable on
the real property as taxes in arrears.
Part 10
Offence and Penalty
10.1 Every person who contravenes any provisions of this bylaw commits an
offence punishable pursuant to the Offence Act upon summary conviction
and is liable to a fine not less than $5,000 and not exceeding $10,000.
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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10.2
If an offence is a continuing offence, each day that the offence is
continued constitutes a separate and distinct offence.
Part 11
Schedules
Schedule A – Fees
Schedule B – Hazardous Conditions Requirements List
Schedule C – Certification Form
Schedule D – Notice
Schedule E – Hazardous Substances
READ A FIRST TIME THIS 5TH DAY OF FEBRUARY, 2008.
READ A SECOND TIME THIS 5TH DAY OF FEBRUARY, 2008.
READ A THIRD TIME THIS 18TH DAY OF MARCH, 2008.
DEPOSITED WITH THE MINISTER OF HEALTH THIS 17TH DAY OF APRIL,
2008.
NOTICE GIVEN UNDER SECTION 59 OF THE COMMUNITY CHARTER THIS
23RD DAY OF JANUARY, 2008 AND THIS 5TH DAY OF MARCH, 2008.
ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND
SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 6th DAY OF
MAY, 2008.
______________________________
Mayor
______________________________
Clerk
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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SCHEDULE A
(Deleted by Bylaw No. 958, 2016)
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
10
SCHEDULE B
Hazardous Conditions Requirements List
Date: _______________
Re: _______________[Property Address] (the “Property”)
Pursuant to the Town of View Royal’s “Safe Premises Bylaw No. 652, 2007” a
special safety inspection has been carried out on the above Property, and the
Property has been posted with a Notice that it may not be occupied due to
hazardous conditions on the Property.
No person is permitted to occupy the Property until the Notice has been
removed. If you wish to reoccupy the Property, you are required to perform the
following works, and provide the following certifications, as indicated:
Provide evidence from the following utility providers that the Property has
been properly connected to the utility:
Gas
Water
Electricity
Vent all furnace/hot water tank/gas appliances in accordance with the
Building Code
Provide/Restore all egress points as required under the Building Code
Bring all electrical panels and circuits up to standards in Electrical Code
Provide a report from a qualified professional engineer certifying that the
building is safe for occupancy
Clean or remove and dispose [circle one] of all carpets and curtains
Have the furnace, all air ducts, main distribution ducts, venting, and
filtering cleaned by a professional cleaner or by a duct cleaning company
Have all walls, floors, ceilings, and any other spaces, components, or
assemblies, as required, in the building cleaned and disinfected by a
professional cleaner or replaced [circle one]
Provide a certificate report in the form prescribed in Schedule C of the
Bylaw, from a person certified by the IICRC, or another recognized
Canadian certification program, certifying that the property meets the
standards of this bylaw for the removal of all hazardous substances
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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You are required to obtain the necessary permits from the Town or other
agencies as applicable prior to performing any of the above works.
Until the above requirements above have been completed, and the Building
Inspector has re-inspected the Property and removed the Notice, the Bylaw
prohibits occupancy of the Property by any person.
You are required to complete this work on or before ___________________
[insert date for compliance], ninety days from the date of this notice. Failure to
complete the work by this date may, in accordance with the Community Charter,
result in Council invoking remedial action requirements; fulfilling the requirements
at the registered owner’s expense; or both.
We enclose a copy of the Bylaw for your reference. If you have any questions
concerning the regulations in the Bylaw, please call the Town’s Building
Department at 479-6800.
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
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SCHEDULE C
Certification Form
TO:
The Town of View Royal
FROM:
[insert name of professional cleaner]
RE:
residential premises located at [insert address]
This is to certify that in accordance with “Safe Premises Bylaw No. 652, 2007”,
the professional identified in this certification:
(1) Meets the certification requirements for an inspector under the IICRC;
and
(2) Has completed an inspection of the residential premises on
_________________; and
(3) The residential premises are substantially free of any hazardous
substances in accordance with “Safe Premises Bylaw No. 652, 2007”.
The undersigned professional may be contacted at : [insert business telephone
number].
CERTIFIED AS OF ________________________[insert date]
[Insert Name of professional cleaner]
__________________________
Authorized Representative
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
13
SCHEDULE D
Notice
TAKE NOTICE THAT all or part of this building contains a hazardous condition
and is unsafe.
Pursuant to Town of View Royal “Safe Premises Bylaw No. 652, 2007”, no
person may occupy these premises until cleaning and/or repairs have been
completed in accordance with that Bylaw and the Building Inspector has
confirmed that a satisfactory occupancy inspection has been completed.
It is an offence to remove or deface this notice.
Any inquiries should be directed to the Building Inspector at 479-6800.
__________________________
Building Inspector [or Fire Chief]
Town of View Royal
Safe Premises Bylaw No. 652, 2007 – Consolidated to January 2017
14
SCHEDULE E
Hazardous Substances
Hazardous Substance
Maximum Stored in Container
designed for storage of that
substance
Maximum ppm
in air
Acetic Acid
0.5 Litres
10 ppm
Acetone
1.0 Litres
250 ppm
Ammonia Solution (>50%
ammonia
0.0 Litres
25 ppm
Ammonia Solution (35%-
50%)
0.125 Litres
25 ppm
Ammonia Solution (10%-
35%)
5.0 Litres
25 ppm
Ammonia, Anhydrous
0.0 Litres
25 ppm
Carbon Monoxide
0.0 Litres
25 ppm
Chloroform
5.0 Litres
2 ppm
Ethanol
1.0 Litres
1000 ppm
Ethyl Ether
0.0 Litres
400 ppm
Hexane
1.0 Litres
20 ppm
Hydrochloric Acid
1.0 Litres
2 ppm
Iodine Azid (Dry)
0.0 Litres/Kilograms
0 ppm
Iodine Monochloride
1.0 Kilograms
0.1 ppm
Iodine Pentaflouride
0.0 Kilograms
0.1 ppm
Isopropyl Alcohol
1.0 Litres
220 ppm
Methanol
1.0 Litres
200 ppm
Methylamine, Anhydrous
0.125 Litres
5 ppm
Methylamine, Aqueous
Solution
1.0 Litres
5 ppm
Methylamine Dinitramine
0.0 Litres
0 ppm
Methylamine Perchlorate
(dry)
0.0 Litres/Kilograms
0 ppm
Methyl Ethyl Ketone
1.0 Litres
50 ppm
Nitroethane
5.0 Litres
100 ppm
Phosphine
0.0 Litres
0.3 ppm
Propane
1.0 Litres
1000 ppm
Thionyl Chloride
0.0 Litres
1 ppm
Toluene
1.0 Litres
20 ppm
Xylene
1.0 Litres
100 ppm