Presentation: Draft Building Bylaw

BACKGROUND:

• The current Building Bylaw No. 786 was enacted 12 years ago and has not had a substantive review since its adoption.
• The Municipal Insurance Association (MIA) developed an updated draft model Building Bylaw in 2018. The draft Building Bylaw is based on this MIA model bylaw, which will strengthen the policy defences as recommended by MIA.

General Notes on Changes

• Mostly housekeeping changes
• The Fees and Charges Bylaw No. 958 and the Municipal Ticketing Information (MTI) Bylaw No. 643 must be amended in conjunction with the revised Building Bylaw
• Recommending that bylaw enactment date of the new Building Bylaw is September 5, 2023 to enable smooth transition.

Key Changes:

1. Scopes and Exemptions (4.1-4.3) –
   • specific scopes of work where a building permit is required and not required such as a fence, tent, paving, etc.
2. Refusal and Revocation of Permits (7.6) –
   • Permits are revoked when they are issued in error or for serious violations after a permit has been issued.
3. Demolition Requirements (8.8, 8.9) –
   • should construction not commence within 6 months: clear and make levelled the site, install security fencing and provide an interim landscaping plan.
4. Professional Engineer’s Review (10.3) –
   • P.Eng. For a building envelope design and retaining walls over 1.2m (change from 1.5m currently)
   • a separate independent check of structural design of a complex building
5. Intake Screening (11.1-11.3) –
   • new intake procedure to better manage workflow
   • an approved development permit and a conditional approval of the Servicing Agreement must be in place at BP application
6. Certified Professionals (CP) (11.8-11.20) –
   • for administering permits for complex building permits
   • CPs are Registered Architects or Professional Engineers
   • an added layer of expertise for the permit issuance of complex buildings
   • Only CP projects be allowed for phased permits (excavation/foundation/full)
   • Using CPs is optional for owners
7. Cost of Construction (definition & 11.22) –
   • include most hard and soft costs
   • building permit fee may be higher
   • re-evaluation of construction cost at occupancy
8. Excavation Securities (11.28) –
   • increase to 2x the cost of site restoration, minimum $50,000
9. Bad Faith Clause (11.45) –
   • Optional enforcement tool: stop services pertaining to any permit activities if same owner or constructor has violations in another site
10. Permit Expirations and Extensions (11.47 & 11.48) –
    • 2 years from the date of issuance + 2 x 1 year extension = 4 years for project completion.
    • any remaining work under new permit
    • may apply to Council to further extend their permit
11. Expiry of Permit Applications (11.50) –
    • 60 days to respond to an application review notice
    • 30 days to pick up the permit once the permit is readied
12. Revisions (11.52-11.54) -
    • parameters for revisions include: change to volumetric shape, form and character, grading, siting, parking, unit counts, etc.
13. Alternative Solutions (11.55) –
    • new fee for the review of the alternative solution report for cost recovery
14. Plumbing Permits (Part 13) –
    • only licenced plumbing contractors to obtain the plumbing permits
    • set up a certification acceptance system, if needed
15. Monitoring check (definition & 14.4) –
    • building inspector is clarified to perform a "monitoring check" for complex buildings
    • clearly excludes building envelope, mechanical systems and structural elements that are under the design of a Registered Professional
16. Safe Worksites (8.4, Part 16) –
    • owner is responsible for Worksafe regulations, manage construction parking & materials storage, provide sanitary facilities, and deal with hazardous materials
    • stipulate asbestos abatement work for buildings older than 1990
17. Administrative Changes for Occupancy (18.1-18.10) –
    • new “final inspection notice” to authorize an occupancy if outstanding items that are not life safety related, such as paving and landscaping.
    • approval for a “shell building”
    • allow unfinished suites, of not more than 10% of the total units, in residential buildings to accommodate future work
18. Temporary Buildings (Part 19) –
    • may include construction trailers, school portables, or pre-fabricated housing unit
    • prudent for future project proposals
19. Pools (Part 23) –
    • mainly about fencing to minimize accidents
20. Work Without Permit Penalty (25.3) –
    • minimum penalty of $1000
    • maximum penalty of $25,000

Fee Comparison of Neighbouring Municipalities

Table 1. Fee comparison of neighbouring municipalities

Ticketing Amount Comparison of Neighbouring Municipalities

Table 2. A comparison of municipal ticketing amounts

23. Other administrative changes:
    • unsafe to occupy notice – for structurally unsafe buildings (definition, 7.4(d), 24.7)
    • application to existing building (4.4-4.7)
    • types of permits (6.1)
    • pre-construction and pre-occupancy meetings (14.9)
    • tree protection reference (11.46)
    • site drainage considerations (17.1)
    • retaining walls requiring professional designs– (20.1-20.2)

NEXT STEPS:

• Enactment date of September 5, 2023 to give time for resource support.
• No additional Energy Step Code changes with this update. Staff will bring a report forward to Council in the future.
• Staff will bring the Building Bylaw, changes to the Fees and Charges Bylaw and MTI Bylaw for 1st, 2nd, 3rd reading.

RECOMMENDATION:

THAT Committee of the Whole receive this report for information.