Building Bylaw No. 1111, 2023

PART 1: CITATION

1.1 This Bylaw may be cited as “Building Bylaw No. 1111, 2023”.

PART 2: INTERPRETATION

2.1 In this Bylaw:

accepted means received by the Building Official under the applicable provisions of the Building Code and this Bylaw;

addition means an alteration to any building which will increase the total aggregate floor area or the building height (in storeys), and includes the provision of two or more separate buildings with openings between each other for intercommunication;

agent includes a firm, corporation or other person representing the owner, by written designation or contract, and includes a hired tradesperson or constructor who may be granted a permit for work within the limitations of their licence;

alternative solution means an alternative solution authorized under the Building Code;

alteration means a change, repair or modification of the construction or arrangement of or use of any building or structure, or to an occupancy regulated by this Bylaw;

Architects Regulation means the Architects Regulation under the Professional Governance Act;

Building Code means the British Columbia Building Code as adopted by the Minister responsible under provincial legislation, as amended or re-enacted from time to time;

Building Official means the person designated in or appointed to that position by the Town, and includes a building inspector, plan checker, Plumbing Official, designated or appointed by the Town, and for certainty the Building Official is a “building inspector” referred to in the Community Charter and Local Government Act and a “qualified building official” or an “exempt building professional” under the Building Act;

Certified Professional means a registered professional practising under the Certified Professional Program as recognized by the Architect Institute of BC (AIBC) and the Engineers and Geoscientists BC (EGBC).

complex building means a building where Division A Section 1.3.3.2 of the Building Code applies;

construct or means to build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate or shore;

cost of construction means the total hard and soft costs calculated in accordance with section 11.22;

Do Not Occupy means a notice issued by the Building Official where the Building Official has not given permission to occupy the premises by means of a valid permit or business licence;

Engineers and Geoscientists Act means the Engineers and Geoscientists Act RSBC 1996, c. 116;

Emissions level means the greenhouse gas emissions level as described in Article 9.37.1.3 of Division B for buildings regulated under Part 9 of the Building Code and Article 10.3.1.3 of Division B for buildings regulated under Part 3 of the Building Code;

Energy Step Code means the energy performance standards set out in Subsection 9.36.6 of the Building Code and a reference to a numbered step in the Energy Step Code established in that Subsection;

existing, in respect of a building, means that portion of a building constructed with valid permits prior to the submission of a permit application required under this Bylaw;

Fees and Charges Bylaw means Fees & Charges Bylaw No.958, 2016, as amended or replaced from time to time;

final inspection notice means permission or authorization in writing by the Building Official for an interim occupancy of a building where the health and safety aspects of the work have been addressed;

foundation means a system or arrangement of foundation units through which the loads from a building are transferred directly to supporting soil or rock and includes any portion of the exterior walls of a building that lie below the finished grade immediately adjacent to the building;

GHG means greenhouse gas;

health and safety aspects of the work means design and construction regulated by Parts 3, 4, 5, 6, 7, 8, 9 and 10, Division B, of the Building Code; and subject to Parts 1 and 2 in relation to Parts 3 through 10, Division B, of the Building Code;

monitoring check means an audit check by the Building Official of a building or structure under construction for the purposes of the health and safety aspect of the work; and for certainty, does not include design or construction of building envelope, mechanical systems, or structural elements where there are letters of assurance submitted by the registered professionals.

occupancy permit means a final authorization by the Building Official for the occupancy of a building, structure, or other work specified in the permit;

owner means the registered owner in fee simple, or an agent duly authorized by the owner in writing in the form prescribed by the Building Official;

permit means permission or authorization in writing by the Building Official to perform work regulated by this Bylaw and, in the case of a final inspection notice or occupancy permit, to occupy a building or part of a building;

Plumbing Official means the person designated in or appointed to that position by the Town, who has the qualifications set out in the Building Act to carry out the duties of plumbing inspections;

pool means a structure or constructed depression used or intended to be used for swimming, bathing, wading or diving which is designed to contain water and has a depth, at any point, exceeding 0.6 m, including an in-ground pool and hot tub;

professional design means the plans and supporting documents bearing the date, seal or stamp, and signature of a registered professional;

project means any construction operation;

retaining wall means a structure constructed to hold back, stabilize, or support soil;

Sprinkler Bylaw means the Building Sprinkler Bylaw No 500, 2002;

standard building means a building where Division A Section 1.3.3.3 of the Building Code applies;

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, except for retaining wall of 1.2 metres or less in height;

Subdivision and Development Services Bylaw means the Subdivision and Development Services Bylaw No. 985, 2017, as amended or replaced from time to time;

temporary building describe a building or other structure that is located for no more than a fixed duration as specified on the permit, or for the duration of the construction, and may include a sales office, construction office, or a structure in which tools are stored during construction of a building or other structure;

Tree Protection Bylaw means the Tree Protection Bylaw No.1069, 2022, as amended or replaced from time to time;

Unsafe to Occupy means a building or construction that has been declared to be structurally unsafe by the Building Official and the Chief Administration Officer of the Town;

Work Without Permit means construction that has been carried out without a valid permit or written authorization to prove otherwise;

Zoning Bylaw means the Zoning Bylaw No 900, 2014, as amended or replaced from time to time.

2.2 In this Bylaw the following words and terms have the meanings: a) set out in the Building Code as of the date of the adoption of this Bylaw: accessible, assembly occupancy, building, building area, building height, business and personal services occupancy, care occupancy, constructor, coordinating registered professional, designer, detention occupancy, excavation, field review, firewall, first storey, grade, high hazard industrial occupancy, industrial occupancy, low hazard industrial occupancy, major occupancy, medium hazard industrial occupancy, mercantile occupancy, occupancy, post disaster occupancy, private sewage disposal system, registered professional, residential occupancy, treatment occupancy or unsafe condition; b) subject to this Bylaw, set out in the Schedule to the Community Charter: assessed value, highway, land, occupier, parcel, service and soil; and c) subject to this Bylaw, set out in section 29 of the Interpretation Act: may, must, obligation, person, property, writing, written and year.

2.3 Every reference to this Bylaw in this or another bylaw of the Town, is a reference to this Bylaw as amended or replaced to the date of the reference.

2.4 Every reference to: a) the Building Code is a reference to the current edition as of the date of issuance of the building permit; and b) a section of the Building Code is a reference to the applicable successor sections, as the code or section may be amended or replaced from time to time.

2.5 Definitions of words and phrases used in this Bylaw that are not included in the definitions in this Part have the meanings commonly assigned to them in the context in which they are used in this Bylaw, considering the specialized use of terms with the various trades and professions to which the terminology applies.

PART 3: PURPOSE OF BYLAW

3.1 Despite any other provision in this Bylaw, this Bylaw must be interpreted in accordance with this Part.

3.2 Every permit issued under this Bylaw is issued expressly subject to the provisions of this Part.

3.3 This Bylaw is enacted to regulate, prohibit and impose requirements in regard to construction in the Town of View Royal in the public interest.

3.4 The purpose of this Bylaw does not extend to: a) the protection of owners, designers or constructors from economic loss; b) the assumption by the Town or any Building Official of any responsibility for ensuring the compliance by any owner, their representatives or any employees, constructors or designers retained by the owner, with the Building Code, the requirements of this Bylaw, or other applicable enactments, codes or standards; c) providing any person a warranty of design or workmanship with respect to any building or structure for which a permit, final inspection notice or occupancy permit is issued under this Bylaw; d) providing any person a warranty or assurance that construction undertaken under permits issued by the Town is free from latent, or any, defects; or e) the protection of adjacent real property from incidental damage or nuisance.

PART 4: SCOPE AND EXEMPTIONS

Application

4.1 This Bylaw applies to the geographical area of the Town of View Royal and to land, the surface of water, air space, buildings or structures in the Town.

4.2 This Bylaw, and the Sprinkler Bylaw, apply to the design, construction or occupancy of new buildings or structures, and the alteration, reconstruction, demolition, removal, relocation, or occupancy or change of use or change of occupancy of existing buildings and structures.

4.3 This Bylaw does not apply to buildings or structures exempted by Division A Part 1 of the Building Code except as expressly provided herein, nor does it apply to the following: a) a fence; b) a tent; c) paving; d) a trellis, an arbour, or other similar landscape structures on a parcel zoned for single-family residential occupancy uses under the Town’s Zoning Bylaw; e) platforms less than 0.6 metres above grade; f) storage racking systems of 2.6 metres or less in height; g) irrigation systems downstream of a backflow prevention device; or h) plumbing systems separately serviced for the purpose of site drainage.

Limited Application to Existing Buildings

4.4 Except as provided in the Building Code or to the extent an existing building is under construction or does not have an occupancy permit, when an existing building has been constructed before the enactment of this Bylaw, the enactment of this Bylaw is not to be interpreted as requiring that the building must be reconstructed and altered, unless it is expressly so provided by this or another bylaw, regulation or statute.

4.5 This Bylaw applies if the whole or any part of an existing building is moved either within or into the Town, including relocation relative to parcel lines created by subdivision or consolidation.

4.6 If an alteration or addition is made to an existing building, the alteration or addition must comply with this Bylaw, the Sprinkler Bylaw and the Building Code and, where applicable, the remainder of the building must be made to comply with this Bylaw, the Sprinkler Bylaw and the Building Code, but only to the extent necessary to addresses any new infractions introduced in the remainder of the building as a result of the alteration or addition.

4.7 A registered professional with a structural specialty must certify the building is structurally sound meeting current requirements in the Building Code with the introduction of any new structural loads as a result of the alteration or addition.

PART 5: PROHIBITIONS

5.1 A person must not commence or continue any construction, alteration, excavation, reconstruction, demolition, removal, relocation or change the use or occupancy of any building or structure, including other work related to construction a) except in conformity with the requirements of the Building Code, this Bylaw and other Town’s bylaws or regulations; and b) unless a Building Official has issued a valid and subsisting permit for the work under this Bylaw.

5.2 A person must not occupy or permit the occupancy of any building or structure or part of any building or structure a) unless a subsisting final inspection notice or an occupancy permit has been issued by a Building Official for the building or structure or the part of the building or structure; or b) contrary to the terms of any permit issued or any notice given by a Building Official.

5.3. A person must not knowingly submit false or misleading information to a Building Official in relation to any permit application or construction undertaken pursuant to this Bylaw.

5.4 Except in accordance with this Bylaw, including acceptance of revised plans or supporting documents, a person must not erase, alter or modify plans and supporting documents after the same have been reviewed by the Building Official, or plans and supporting documents which have been filed for reference with the Building Official after a permit has been issued.

5.5 A person must not, unless authorized in writing by a Building Official, reverse, alter, deface, cover, remove or in any way tamper with any notice, permit or certificate posted or affixed to a building or structure pursuant to this Bylaw.

5.6 A person must not do any work that is substantially at variance with the accepted design or plans of a building, structure or other works for which a permit has been issued, unless that variance has been authorized in writing by a Building Official.

5.7 A person must not interfere with or obstruct the entry of a Building Official or other authorized official of the Town on property in the administration of this Bylaw.

PART 6: PERMIT CONDITIONS

6.1 A permit is required if work regulated under this Bylaw is to be undertaken, including but not limited to: a) a building permit before constructing, repairing or altering a building or structure, or portions of a building or structure; b) a moving permit before moving a building or structure; c) a demolition permit before demolishing a building or structure; d) a fireplace permit prior to the construction of a masonry fireplace or the installation of a wood burning appliance or chimney; e) a plumbing permit prior to commencing the installation of any plumbing fixtures or pipes; f) a pool permit for installation of a pool; or g) a retaining wall permit for the construction or structural repair a retaining wall over 1.2m in height measured from the lowest exposed grade to top of wall; The application form for the above scopes may be different in format, as prescribed by the Building Official.

6.2. A permit is not required in the following circumstances: a) for minor repairs or alterations to non-structural components of the building, including roof retrofits or replacements for windows and doors of the same sizes in a single-family dwelling; or b) for minor plumbing repair or replacement in accordance with Section 13.4 of this Bylaw.

6.3 Neither the issuance of a permit under this Bylaw, nor the acceptance or review of plans, drawings, specifications or supporting documents, nor any inspections made by or on behalf of the Town will in any way: a) relieve the owner (and if the owner is acting through an agent, the agent of the owner) from full and sole responsibility to perform the work in respect of which the permit was issued in strict compliance with this Bylaw, the Building Code, and all other applicable codes, standards and enactments; b) constitute a representation, warranty, assurance or statement that the Building Code, this Bylaw or any other applicable enactments respecting safety, protection, land use and zoning have been complied with; or c) constitute a representation or warranty that the building or structure meets any standard of materials or workmanship.

6.4 No person shall rely on any permit as establishing compliance with this Bylaw or assume or conclude that this Bylaw has been administered or enforced according to its terms.

6.5 Without limiting section 6.3(a), it is the full and sole responsibility of the owner (and if the owner is acting through a representative, the representative of the owner) to carry out and verify the work in respect of which the permit was issued in compliance with the Building Code, this Bylaw and all other applicable codes, standards and enactments.

PART 7: POWERS OF A BUILDING OFFICIAL

7.1 Every reference to “owner” in this Part includes a reference to the owner’s agent or constructor.

7.2 Words defining the authority of a Building Official are to be construed as internal administrative powers and not as creating a duty.

7.3 A Building Official may: a) administer this Bylaw, but owes no public or private law duty to enforce or administer this Bylaw; b) keep records of applications received, permits, notices and orders issued, inspections and tests made, and may retain copies of all documents, in paper or electronic format, connected with the administration of this Bylaw; c) establish or require an owner to establish whether a method or type of construction or material used in the construction of a building or structure complies with the requirements and provisions of this Bylaw and the Building Code; d) direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundations be carried out, or that sufficient evidence or proof be submitted by the owner, at the owner’s sole expense, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or foundation condition complies with this Bylaw and the Building Code; e) subject to section 16 of the Community Charter, enter on property at any time to ascertain whether the requirements of this Bylaw are being met; f) order an owner to remove or prevent any unauthorized encroachment on a public parcel, a statutory right of way or easement, or a setback or yard required under an enactment; g) order an owner to remove any building or structure, or any part of a building or structure, constructed in contravention of a provision of this Bylaw or any other Town’s bylaw; h) require an owner to have work inspected by a Building Official prior to covering; or have the work inspected by a registered professional, at the sole cost of the owner, prior to covering; i) order an owner to uncover any work that has been covered without inspection contrary to this Bylaw or an order issued by a Building Official; and j) order, in writing by a notice, the correction of any work that is being done or has been done in contravention of the Building Code or this Bylaw in accordance with Part 24 of this Bylaw.

7.4 Without limiting section 7.3, the Building Official may cause any of the following notices to be posted on the affected parcel, or on a building or structure, and make orders in relation to the subject of the notice: a) a Stop Work notice, notifying the person doing such work, to require the cessation of construction, including plumbing installations, that is proceeding in contravention of this Bylaw, conditions on the permit, or the Building Code; b) a Work Without Permit notice notifying the owner or occupants where construction or plumbing installations has been carried out without a valid permit as required under this Bylaw; c) a Do Not Occupy notice if the owner or occupants has been notified not to occupy a building, and the owner or occupants continues the occupancy; and d) an Unsafe to Occupy notice to the owner and occupants if the Building Official deems the building to be structurally unsafe and considers that continuing use of the building may endanger the safety of the occupants in or around the building.

7.5 Every person served with a notice under this Part must comply with that notice a) within the time ordered, or b) if no time is ordered, immediately.

Refusal and Revocation of Permits

7.6 A Building Official may refuse to issue a permit, or may revoke an issued permit prior to occupancy, if the Building Official determines that a violation of any of the following has occurred or will occur: a) violation of any of the conditions under which the permit was issued; b) violation of a provision of this Bylaw or any other Town’s bylaw; c) violation of a provision of the Building Code or other provincial enactment; d) 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 permit; e) if there are outstanding fees, charges, fines, or penalties that remains unpaid; f) if information on the application is misleading or incorrect; g) if, in their opinion, the results of tests on materials, devices, construction methods, structural assemblies or foundation conditions contravene the Building Code or the provisions of this Bylaw, or both; h) if all permits required under this Bylaw have not been obtained; or i) if the permit was issued in error.

PART 8: OWNER’S RESPONSIBILITIES

8.1 Every owner must: a) comply with the Building Code, the requirements of this Bylaw and the conditions of a permit, and must not omit any work required by the Building Code, this Bylaw or the conditions of a permit; b) ensure all registered professionals provide their necessary inspections in accordance with their professional best practices or guidelines; c) ensure that all permits, all plans and specifications and supporting documents on which a permit was based, all inspection notices, and all professional field reviews are available at the site of the work for review during working hours by the Building Official, and that all permits are posted conspicuously on the site during the entire execution of the work; and d) prior to the issuance of a building permit, execute and submit to the Town an owner’s undertaking in the form prescribed by the Building Official and signed by the owner.

8.2 Every owner and every owner’s agent, must carry out construction or have the construction carried out in accordance with the requirements of the Building Code, this Bylaw and other bylaws of the Town and none of the issuance of a permit under this Bylaw, the review of plans and supporting documents, or inspections made by a Building Official shall relieve the owner, or their agent, from full and sole responsibility to perform the work in strict accordance with this Bylaw, the Building Code and all other applicable codes, standards and enactments.

8.3 Every owner must allow a Building Official to enter any building or premises at any reasonable time to administer and enforce this Bylaw.

8.4 Every owner to whom a permit is issued must, during construction: a) post the civic address and a permit card on the property so that it may be easily read from the public highway from which the property takes its address; b) manage any soil, dust, or water runoffs to adjacent properties and rights-of-way; c) manage the disposal and removal of materials off the site in an acceptable and safe manner; d) ensure that the construction site is kept in a manner that complies with Worksafe regulations; e) ensure parking and the traffic flow related to the construction is managed without causing nuisance to neighbours; and f) ensure all construction materials, waste, dust or debris, from demolition, excavation or construction activity are contained within the property boundaries, or have permission from the Town to store off the site.

8.5 Every owner shall pay a fee in accordance to the Fees and Charges Bylaw: a) to demolish a building with a permit; b) to extend a building permit; c) for revision of plans after submission of the building permit application; d) for revision of plans after issuance of a building permit; or e) to transfer a building permit to another person.

Damage to Municipal Works

8.6 Every owner shall repair any damages to municipal works or lands, within a timely manner once notified by the Town, back to their pre-existing conditions, or better, that occurs during, or arises directly or indirectly from the work authorized by the permit; and the owner shall be solely responsible for the cost of such repairs.

8.7 If the owner solely fails to remedy any repair or damage to the satisfaction of the Town, the damage securities collected will be used by the Town to undertake the specified repairs and the owner will be responsible to pay back to the Town for any additional costs incurred over the amount of the security.

Owner’s Responsibilities in Demolition

8.8. Prior to obtaining a permit to demolish a building or structure, the owner must: a) provide to the Town a vacancy date; b) ensure that all sewer and storm pipes are capped and terminated at the property line; c) obtain approvals from other utilities involved, including water, gas, and hydro, in regard to proper disconnection, at time of application; and d) provide a hazardous materials report for the building or structure including methods of deposition of such materials, and a clearance letter once any required remediation is completed.

8.9 Every owner must ensure that, on completion of all demolition procedures: a) all debris and fill are cleared and the site is levelled or graded; b) if the site remains vacant for a duration longer than 6 months, an interim landscape plan is in place; and c) the site is made safe with an acceptable security fencing if levelling and grading are not possible.

8.10 If interim landscaping is required under Section 8.9, the owner must deliver to the town a landscape security in the form of a letter of credit or cash as per the Fees and Charges Bylaw, to ensure the interim landscaping plan takes place, and the security amount will be refunded upon the completion of the interim landscaping.

Notices by Owner

8.11 Every owner must give written notice to a Building Official of any change in or termination of engagement of a registered professional, including a coordinating registered professional, during construction, within 24 hours of when the change or termination occurs.

8.12 If an owner or a registered professional terminates the engagement of a registered professional, including a coordinating registered professional, the owner must stop all work under a building permit that is under the responsibility of the departed registered professional until the owner has engaged a new registered professional, including a coordinating registered professional, and has delivered to a Building Official new letters of assurance.

8.13 Every owner must give notice in writing to a Building Official and pay the non-refundable fee set out in the Fees & Charges Bylaw immediately upon any change in ownership or change in the address of the owner which occurs prior to the issuance of an occupancy permit.

8.14 Every owner must give such other notice to a Building Official as may be required by the Building Official or by a provision of this Bylaw.

8.15 Every owner shall give at least 48hours’ notice to the Building Official a) of any scheduled inspections of a registered professional or representative; b) of intent to cover work that has been ordered to be inspected prior to covering; and c) prior to requesting an inspection or monitoring check.

PART 9: OBLIGATIONS OF OWNER’S CONSTRUCTOR

9.1 Every constructor must ensure that all construction is done in compliance with all requirements of the Building Code, this Bylaw and all other applicable, codes, standards and enactments.

9.2 Every constructor must ensure that no excavation or other work is undertaken on public property, and that no public is disturbed, no building or structure erected, and no materials stored thereon, in whole or in part, without first having obtained approval in writing from the appropriate authority over such public property.

9.3 For the purposes of the administration and enforcement of this Bylaw, every constructor is responsible jointly and severally with the owner for all work undertaken.

PART 10: REGISTERED PROFESSIONAL’S RESPONSIBILITIES

Professional Design and Field Review

10.1 The provision by the owner to the Town of letters of assurance in accordance with the requirements of the Building Code shall occur prior to: a) the pre-occupancy site review coordinated by the coordinating registered professional or other registered professional for a complex building, or b) a final inspection for a standard building in circumstances where letters of assurance have been required in accordance with the requirements of the Building Code, in which case the owner must provide the Town with letters of assurance in the form of Schedules C-A or C-B, as appropriate, referred to in subsection 2.2.7, Division C, of the Building Code, or as amended from time to time.

10.2 If a registered professional provides letters of assurance in accordance with the Building Code, they must also provide proof of professional liability insurance to the Building Official in the form prescribed by the Building Official.

Requirement for a Registered Professional

10.3 The owner must retain a registered professional to provide a professional design and plan certification, and letters of assurance in the form of Schedules A, B, C-A and C-B referred to in subsection 2.2.7, Division C, of the Building Code, in respect of a permit application for: a) any construction of a complex building; b) any construction of a standard building in circumstances where letters of assurance have been required in accordance with the requirement of the Building Code; c) except for garages, carports and garden structures, foundation and excavation components of new standard buildings and additions greater than 55 square metres to standard buildings in accordance with the Building Code; d) a building in respect of which the Building Official determines that site conditions, size or complexity so warrant in the interests of safety of persons or protection of property under the Building Code; e) any building envelope components that fall under Division B Part 5 of the Building Code, or if the building envelope do not comply with the prescriptive requirements of Division B Part 9 of the Building Code; f) a parcel of land on which a building or structure is proposed if the Building Official believes the parcel is or is likely to be subject to flooding, mud flows, debris flows, debris torrents, erosion, land slip, rock falls, subsidence or avalanche, and the requirement for a professional design is in addition to a requirement under Division 8 of Part 3 of the Community Charter: i. for a report certified by a professional engineer with experience in geotechnical engineering that the parcel may be used safely for the use intended, and ii. that the plans submitted with the application comply with the relevant provisions of the Building Code and applicable bylaws of the Town. g) any design and construction of buildings required by the Architects Regulation to have the services of an architect, in which case the owner must ensure the registered professional is an architect. h) any structural design of a complex building, and must at the owner’s or engineer’s sole cost, also retain a second structural engineer to carry out a separate independent check; and i) a retaining wall over 1.2m in height.

10.4 The Building Official may require any registered professional carrying out the professional design and field review required under section 10.3 to provide evidence that they have experience and expertise in respect of the professional design and field review of the context and scope required.

Professional Plan Certification

10.5 The letters of assurance in the form of Schedules A and B as referred to in subsection 2.2.7, Division C, of the Building Code referred to in sections 10.1 and 10.3 of this Bylaw, are relied upon by the Town and its Building Officials as certification that the design and plans to which the letters of assurance refer comply with the Building Code, this Bylaw and other applicable enactments.

10.6 Letters of assurance must be in the form of Schedules A and B referred to in subsection 2.2.7, Division C, of the Building Code.

10.7 For a building permit issued for the construction of a building with letters of assurance, the Building Official shall provide the owner with a notice that the building permit is issued in reliance on the certification of the registered professional that the professional design and plans submitted in support of the application for the building permit comply with the Building Code and other applicable enactments. Any failure on the part of the Building Official to provide the owner with the notice will not diminish or invalidate the reliance by the Town or its Building Officials on the registered professionals.

10.8 When a building permit is issued in accordance with Section 10.7, the permit fee shall be reduced by 5% up to a maximum reduction of five hundred dollars ($500.00).

PART 11: BUILDING PERMITS

Requirements Before Applying for a Building Permit

11.1 When submitting an application for a building permit, the owner must verify the following requirements or conditions are in place, where applicable: a) an approval for the development permit associated with the site; b) the proposed building or structure complies with all bylaws of the Town, except to the extent a variance of a bylaw is authorized by a development permit, development variance permit or approval from the Board of Variance; c) an approving officer must have approved the subdivision plan that, once registered, would create the parcel on which the proposed building or structure will be constructed, and the subdivision plan must have been registered in the Land Title Office; d) if the works and services required by a Town bylaw or other enactment have not been completed, a servicing agreement with the Town must be conditionally approved, and the security amount that is needed in the form of a letter of credit or cash in accordance with the Subdivision and Development Services Bylaw for completion of the works and services, must be provided; and e) drawings regarding all on site works and services, and storm water management plan, that comply with applicable bylaws, design standards and the Plumbing Code, have been completed.

Intake Screening of an Application Submission

11.2. The Building Official may refuse to accept an application for building permit if any of the submission requirements in 11.1 are not met, and if the application package: a) does not substantially meet the requirements of the Building Code, or other Town’s bylaws, on application, or b) does not match the proposal under the development permit or servicing agreement for the site.

11.3 Upon completion of the intake screening, the Building Official will notify the applicant in writing if the application is refused under Section 11.2, and may charge a non-refundable fee that has incurred as a result of the intake screening process in accordance with the Fees and Charges Bylaw. The applicant must pick up the incomplete applicable package within 14 days upon notification, after which the application package will be disposed of without further notification.

Building Permit Applications for Complex Buildings

11.4 An application for a building permit for a complex building must include: a) a completed application form signed by the owner, or a signing officer if the owner is a corporation; b) the owner’s Letter of Authorization and owner’s acknowledgement of responsibility and undertaking made in the form prescribed by the Building Official and signed by the owner, or a signing officer if the owner is a corporation; c) a copy of a title search for the relevant property made within 30 days of the date of the permit application, and where applicable, any covenants, easements or rights of way listed on title; d) a Building Code compliance report and code compliance drawings; e) an energy compliance modelling report prepared by a Certified Energy Advisor; f) a copy of a survey plan prepared by a British Columbia land surveyor; g) a site plan prepared by a registered professional showing: i. the bearing and dimensions of the parcel taken from the registered survey plan; ii. the legal description and civic address of the parcel; iii. the location and dimensions of existing and proposed statutory rights of way, easements and setback requirements, and adjacent street and lane names; iv. the location and dimensions of existing and proposed buildings or structures on the parcel; v. setbacks to the natural boundary of any lake, swamp, pond or watercourse; vi. if applicable, location of an approved existing or proposed private or other alternative sewage disposal system, water supply system or storm water drainage system; vii. the location, dimensions and gradient of parking and parking access; viii. proposed and existing setbacks to property lines; ix. natural and finished grade at building corners and significant breaks in the building plan and proposed grade around the building faces in order to ascertain foundation height; x. location, setbacks and elevations of all retaining walls, steps, stairs and decks; xi. geodetic elevation of the underside of a wood floor system or the top of a finished concrete slab of a building or structure where the Town’s land use regulations or provincial flood mapping regulations establish siting requirements related to minimum floor elevation; xii. location and elevation of curbs, sidewalks, manholes, and service poles; xiii. location of existing and proposed service connections; xiv. location and species of all trees; xv. location of top bank and water courses; xvi. access routes for firefighting; xvii. accessible paths of travel from the street to the building; xviii. a north arrow; and xix. zoning compliance summary; except that the Building Official may waive, in whole or in part, the requirements for a site plan or survey, if the permit is sought for the repair or alteration of an existing building or structure; h) floor plans showing the dimensions and uses and occupancy classification of all areas, including: the dimensions and height of crawl and roof spaces; the location, size and swing of doors; the location, size and opening of windows; floor, wall, and ceiling finishes; fire separations; plumbing fixtures; structural elements; stair dimensions, and accessibility requirements demonstrating compliance to the Building Code; i) a cross-section through the building or structure in sufficient detail and locations to illustrate foundations, drainage, ceiling heights and construction systems; j) elevations of all sides of the building or structure showing finish details, roof slopes, windows, doors, natural and finished grade, spatial separations and ridge height to comply with the Building Code and to illustrate that the building or structure conforms with the Town’s Zoning Bylaw and the associated development permit; k) all other requirements of Part 2 Division C of the Building Code; l) copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and ministry of health approvals; m) a letter of assurance in the form of Schedule A referred to in subsection 2.2.7 Division C, of the Building Code, signed by the owner, or a signing officer if the owner is a corporation, and the coordinating registered professional; n) letters of assurance in the form of Schedule B referred to in subsection 2.2.7 Division C, of the Building Code, each signed by such registered professionals as the Building Official or Building Code may require to prepare the design for and conduct field reviews of the construction of the building; o) two sets of drawings and an electronic copy at a suitable scale of the design prepared by each registered professional containing the information set out in (g) to (k) of this section; p) landscape drawings and a letter of commitment to do field reviews by the landscape architect; q) sprinkler design drawings prepared by a registered professional; and r) illustration of any slopes on the subject parcel that exceed 30%.

11.5 In addition to the requirements of section 11.4 of this Bylaw, a Building Official may require the following to be submitted with a permit application for the construction of a complex building if the complexity of the proposed building or structure or siting circumstances warrant: a) site servicing drawings, including sufficient detail of off-site services to indicate locations at the property line, prepared and sealed by a registered professional, in accordance with the Town’s Subdivision and Development Services Bylaw; b) detailed stormwater management plan in accordance with the Town’s Subdivision and Development Services Bylaw; c) a section through the site showing grades, buildings, structures, parking areas and driveways; and d) any other information required by the Building Official to establish substantial compliance with this Bylaw, the Building Code and other bylaws and enactments relating to the building or structure.

Building Permit Applications for Standard Buildings

11.6 An application for a building permit for a standard building must, where applicable include: a) a completed application form signed by the owner, or a signing officer if the owner is a corporation; b) the owner’s Letter of Authorization and owner’s acknowledgement of responsibility and undertaking made in the form prescribed by the Building Official and signed by the owner, or a signing officer if the owner is a corporation; c) all drawings and documents required on the application checklist provided by the Building Official; d) a copy of a title search for the relevant property made within 30 days of the date of the permit application and where applicable include any covenants, easements or rights of way listed on title; e) a copy of a survey plan prepared by a British Columbia land surveyor, except that the Building Official may waive the requirement for a survey plan, in whole or in part, where conditions warrant; f) copies of approvals required under any enactment relating to health or safety, including, without limitation, sewage disposal permits, highway access permits and Ministry of Health approvals; g) except for garages, carports and garden structures located on land, a foundation and excavation design prepared by a structural engineer in accordance with the Building Code; h) geotechnical letters of assurance, in addition to a required geotechnical report, if the Building Official determines that the site conditions so warrant; i) an energy compliance modelling report prepared by a Certified Energy Advisor; j) two sets of drawings and an electronic copy at a suitable scale of design; and k) a Building Code compliance summary including the applicable edition of the Building Code.

Site and Location Survey

11.7 Unless the Building Official waives the requirements for a survey, in whole or in part, the owner must submit an up-to-date plan or survey prepared by a registered British Columbia land surveyor which contains sufficient information respecting the site and location of any building to: a) establish, before construction begins, that all the provisions of this Bylaw in relation to this information will be complied with; b) verify, upon completion of the foundation to top of concrete, and on completion of the construction, that all provisions of this and other applicable bylaws have been complied with; c) in relation to an existing building, substantiate its location, size, including appurtenances whether above, at or below ground level, relative to the site or its relationship to neighbouring grades; and d) in relation to construction of a new building, or addition to an existing building, prior to the placement of concrete for foundations and footings, show the elevation at proposed top of concrete on all building elevations and at all significant changes of elevation to substantiate its size, location and elevation, and every person served with a written requirement under this section must comply with the requirement.

Alternative Permit Approval for Certified Professionals

11.8 Where the owner chooses to engage the services of a Certified Professional, and where any required development permit is issued and any required servicing agreement is entered for the project, a Building Official may, with written approval of the Chief Administrative Officer or delegate, issue a permit for an excavation or foundation phase ahead of a full building permit for a complex building, based on a complete set of excavation, architectural, and structural drawings.

11.9 The owner must pay the building permit fee and all applicable securities and charges associated with the proposed work for a permit for excavation or foundation, and a separate building permit fee for the remaining building under a separate building permit.

11.10 The separate excavation or foundation permit is deemed to be incorporated into the subsequent building permit when the construction exceeds the scope under the excavation or foundation.

11.11 The letters of assurance of the full project are deemed to cover all phases of the project, unless otherwise specified by the registered professional.

11.12 The Building Official may accept a complex building 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 Town bylaws and other applicable enactments; and b) the building permit application has been prepared in accordance with the View Royal Certified Professional Program Manual and includes all required letters of assurance, schedules and checklists, and any required confirmations with respect to compliance to the Building Code, and code coordination.

11.13 A Certified Professional providing the Building Official with letters of assurance, must also provide proof of insurance in an amount and form prescribed by the Building Official.

11.14 The Chief Administrative Officer may decertify a registered professional from practicing as a Certified Professional in the Town 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.

11.15 A Certified Professional must, where 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, and 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 construction 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.

11.16 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.

11.17 Where a building permit is revoked pursuant to Section 11.16, only work necessary, as authorized by the Building Official, to remove any hazards or to mitigate damage arising from exposure to the elements, can be undertaken on the development unless otherwise specifically authorized by the Building Official.

11.18 Under the circumstances listed under section 11.16, construction must not resume until the Building Official has received written notice from the owner that another 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.

11.19 Nothing in this Bylaw relieves 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.

11.20 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 and construction will meet the requirements of the Building Code.

Permit Fees

11.21 Every person who obtains a building permit, other permits or services shall pay the applicable fees and charges as per calculated in the Fees and Charges Bylaw, with a minimum non-refundable application fee at permit submission.

11.22 Building permit fees are based on the cost of construction which shall include in addition to the general construction costs, and without limitation: a) all mechanical, electrical, plumbing, drainage and gas installations necessary in the carrying out of the construction to its completed form; b) all design documents, labour and fees involved in the design, investigative testing, consulting services, construction labour and management, even if provided by the owner, or donated voluntarily by others, sales taxes; c) contractor's profit and overhead; d) insurance; and e) site preparation and civil works and improvements and all associated paving, landscaping and underground servicing, including excavation and the use of hoisting, pile driving, compaction or erection devices.

11.23 The cost of construction shall be the greater of: a) the value declared by the owner on the application; b) the value of construction that would be authorized by a building permit, as determined by the Building Official utilizing an independent third-party valuation tool of construction costs; or c) a cumulative total of all contracts of construction for the project at occupancy.

11.24 Plumbing permit fees shall be charged as per the Fees & Charges Bylaw, with an applicable minimum permit fee.

Other Charges and Securities with Building Permit Application

11.25 Every applicant for a building permit that includes new site service connections shall apply for their separate Engineering permits and pay the corresponding securities to the Town.

11.26 Fees for miscellaneous services related to the administration of this Bylaw and related enactments shall be charged at an hourly rate in accordance with the Fee and Charges Bylaw.

11.27 Every owner shall pay a cost recovery amount plus administrative fee for preparation, registration, and discharge of any legal documents, including but not limited to, restrictive covenants, notice on title, encroachment agreements, and statutory rights of ways, when the Town has incurred costs in the preparation or registration of these documents.

11.28 Where the Building Official issues an excavation or foundation permit under Section 11.8 of this Bylaw, the owner shall deposit with the Town a security in the form of cash or a letter of credit, against the cost of site restoration that is two times the amount that may be incurred by the Town, should the Town need to perform the site restoration work, in accordance with the Fees and Charges Bylaw.

Security Deposits

11.29 The Town will return securities collected under this Part, other than deposits against the servicing agreement, less any work or repair costs incurred, after: a) the final inspection of the related building permit; or b) the cancellation, expiry or revocation of the building permit, upon staff’s confirmation that the Town’s lands and assets have not been damaged or, if damage has occurred, that it has been fully repaired, or that the work requiring the securities amount has been satisfied.

Permit Fee Refunds

11.30 Except for the permit fee refund under Section 11.32, all fees collected under this Bylaw are not eligible for refund once collected regardless of cancellation or withdrawal.

11.31 Permit fees are not eligible for refund where: a) construction under permit has begun; b) an inspection by the Building Official has been made; c) the permit has expired; d) a moving permit where the permit is issued; or e) the permit has been extended under section 11.47 of this Part.

11.32 Permit fees may be refunded 50% of the eligible permit fees if the owner has cancelled the permit and the Building Official has verified the construction of the building or structure has not started.

Compliance with the Homeowner Protection Act

11.33 If the application is in respect of a building that includes, or will include, a residential occupancy governed by the Homeowner Protection Act, the building permit must not be issued unless the owner provides evidence under section 30(1) of the Homeowner Protection Act, that the proposed building: a) is covered by home warranty insurance; and b) the constructor is a licensed “residential builder” as defined in that Act.

11.34 Section 11.33 does not apply if the owner is not required to be licensed and to obtain home warranty insurance in accordance with sections 20(1) or 30(1) of the Homeowner Protection Act.

11.35 Every permit is issued subject to the owner and constructor maintaining compliance with the Homeowner Protection Act and negotiations under it during the term of the permit.

Issuance of a Building Permit

11.36 If a) a completed application in compliance with this Part, including all required supporting documentation, has been submitted; b) the owner has paid all applicable fees of this Part; c) the owner or their agent has paid all charges and met all requirements imposed by any other statute or Town’s bylaws; d) the owner has retained all registered professionals if required under this Bylaw; and e) no covenant, agreement, resolution or regulation of the Town requires or authorizes the permit to be withheld, a Building Official must issue the permit, in the form prescribed by the Building Official, for which the application is made.

11.37 Where a Building Official authorizes the issuance of a building permit or plumbing permit, other staff can administratively facilitate the issuance of such permits.

Conditions of a Building Permit

11.38 A building permit or an application for a building permit that is in process may not be transferred or assigned until the owner has notified the Building Official in writing, the Building Official has authorized the transfer or assignment in writing and the owner has paid the non-refundable fee required. The transfer or assignment of a building permit is not an extension of a building permit.

11.39 The review of plans and supporting documents and issuance of a building permit do not prevent the Building Official from subsequently requiring the correction of errors in the plans and supporting documents, or from prohibiting construction or occupancy being carried out when in violation of this Bylaw or another bylaw.

11.40 A permit is deemed to have been issued as of the date it was signed by the Building Official or Plumbing Official.

11.41 A Building Official may deem construction up to the last accepted inspection or submitted field review to be valid work performed under a permit up to that documented stage for future considerations.

11.42 If a permit has expired or been revoked, an owner shall apply for and obtain a new building permit prior to commencing or completing any remaining work.

11.43 If a Building Official issues a new permit pursuant to an application under section 11.42, the permit shall be subject to the requirements of this Bylaw, the current Building Code, and all other applicable bylaws and enactments as applicable.

11.44 Despite section 11.8 or 11.36, a Building Official may withhold the Building Official’s services pertaining to any permit related activities under this Bylaw if the owner or constructor has been notified in writing by the Building Official of a violation of this Bylaw regarding the construction of another building or structure by the same owner or constructor, and the owner or constructor has not ended the violation.

Tree Protection

11.45 The owner must provide verification that tree protection measures remain in place during construction, for trees that are identified under the permit that require tree protection, in accordance with the Tree Protection Bylaw.

Permit Expiration

11.46 Every permit is issued on the condition that the permit expires and the rights of the owner under the permit terminate if: a) the work authorized by the permit is not commenced within 180 days from the date of issuance of the permit; b) work is discontinued for a period of 180 days; or c) the work is not completed within two years of the date of issuance of the permit.

Permit Extension

11.47 A Building Official may approve an extension for a permit set out under this Section for no more than two extensions, not to exceed twelve months for each extension, if construction has not commenced or has been discontinued due to adverse weather, strikes, material or labour shortages, other similar hardship beyond the owner’s control, or if the size and complexity of the construction warrants, provided that: a) application for the extension is made at least 30 days prior to the date of permit expiration; and b) the non-refundable fee set out in the Fees & Charges Bylaw has been paid.

Permit Withdrawal and Cancellation

11.48 A building permit application may be withdrawn by the owner prior to issuance on delivery of written notification to the Building Official.

11.49 The Building Official may consider an application for a permit to have been abandoned, and may cancel the application, if: a) the applicant has been notified that the permit is ready for collection and the applicant has not collected the permit within 30 calendar days of the date of the notification; or b) the applicant has been requested in writing to provide information or documentation to complete the application and the applicant has not done so or replied within 45 calendar days of the date of the request.

11.50 An issued building permit may be cancelled by the owner, on delivery of the surrendered permit, written notification of the cancellation and confirmation by the Building Official that construction has not commenced under the permit.

Design Modification

11.51 If an issued building permit or other permit is active and the owner proposes modification to the design, or when there are changes with any of the following: a) the three-dimensional shape of the building; b) form and character of the building; c) grading on site; d) increase in residential units by layout; e) parking count; f) siting by a legal survey; or g) service connection locations; the owner must apply for a pre-approval of the changes, and pay the Town an additional review fee based on an hourly rate set out in the Fees & Charges Bylaw.

11.52 The owner must accept the risk if the changes proposed in Section 11.51 are not approved, and the construction must carry on in accordance with the approved drawings.

11.53 If there are any associated increased building permit fees or charges resulting from the changes proposed, the owner must pay the outstanding amounts prior to requesting the final inspection.

Alternative Solutions

11.54 An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the Building Code or this Bylaw shall: a) submit to the Building Official sufficient evidence to demonstrate that the proposed alternate solutions will provide the level of performance required by the Building Code and this Bylaw, and b) pay the applicable fee as set out in the Fees & Charges Bylaw.

PART 12: ENERGY CONSERVATION AND GHG EMISSIONS REDUCTION

12.1 Subject to energy conservation or carbon reduction amendments to the Building Code: a) except as provided in subsection (b), a building regulated by Part 3 of the Building Code must be designed and constructed to meet the minimum performance requirements and objectives specified in Step 2 of the Energy Step Code; b) a wood frame building consisting of six storeys or less regulated by Part 3 of the Building Code must be designed and constructed to meet the minimum performance requirements and objectives specified in Step 3 of the Energy Step Code; c) a building regulated by Part 9 of the Building Code must be designed and constructed to meet the minimum performance requirements and objectives specified in Step 3 of the Energy Step Code; d) a building regulated by Part 9 of the Building Code with major occupancy classified as residential occupancy must be designed and constructed in conformance with emissions level 4; e) a building regulated by Part 3 of the Building Code with major occupancy classified as residential that is six storeys or less must be designed and constructed in conformance with emissions level 4; and f) a building regulated by Part 3 of the Building Code with major occupancy classified as residential occupancy, business and personal services occupancy, or mercantile occupancy must be designed and constructed in conformance with emissions level 4.

12.2 The owner of any building subject to a requirement under sections 12.1 must do the following prior to the issuance of any occupancy permit in respect of the building: a) submit an energy compliance report of the completed building; and b) affix one of the following home energy labels to the building in a conspicuous location, upon or in close proximity to the electrical panel: (i) an EnerGuide Rating System label; (ii) a Passive House certification; (iii) a Net zero home verified by a certified Canadian energy advisor; or (iv) a comparable home energy label acceptable to the Building Official.

PART 13: PLUMBING PERMITS

13.1 Except where approved in writing by the Director of Engineering and where the works are installed in a statutory right of way in favour of the Town, no plumbing, drainage, sewer, sewage system, or portion thereof, shall be located on any parcel other than the parcel that is served by such facilities.

13.2 Except as provided in subsection 13.4, a person shall not construct, extend, renew, alter, or repair a plumbing system unless a plumbing permit to do so has been obtained.

13.3 A Plumbing Official may only issue a plumbing permit to: (a) to a licensed plumbing contractor; or (b) to a homeowner who shall carry out the plumbing work themselves in a single-family dwelling owned by them, provided they have satisfied the Plumbing Official that they are competent to perform such work.

13.3 A plumbing permit is not transferable.

13.4 Notwithstanding 13.1, a plumbing permit is not required when: a) a stoppage in a drainage system is cleared; b) a leak is repaired in a water distribution system; c) a fixture is replaced without any change to the drainage system; d) a replacement is made up to five (5) heads in an existing sprinkler branch; or e) a replacement is made to existing faucets, service water heater, valves, pipes or fittings in a water distribution system, or perimeter drains.

13.5 A person shall not cover any regulated plumbing work until a Plumbing Official has approved the work.

13.6 Prior to calling for a plumbing inspection, the owner or licensed plumbing contractor may be required to submit to a Plumbing Official an isometric drawing overlayed on the floor plan showing before the inspection: a) the location and size of every building drain, including every trap and cleanout fitting on the drain; b) the size and location of every soil-or-waste pipe, trap, and vent pipe; and c) a layout of the potable water distribution system, including pipe sizes and valves.

13.7 Prior to the final inspection the owner shall ensure that: a) all fixtures and equipment have been installed and ready for use; b) if a fixture has been roughed-in for future use, the outlet has been sealed with an approved plug or cap; and c) all drains and vents have been completed and that the system has been filled with water or pressurized air up to the roof or to the highest point of connection to an existing vent.

13.8 If a Plumbing Official does not approve any part of the system after it has been inspected or tested, the owner shall: a) make any alteration or replacement that is necessary; and b) request inspection of the corrected work.

13.9 The owner shall ensure that all connections to potable water systems are designed in compliance with requirements for cross connection contamination meeting the Capital Regional District’s standards.

13.10 Every owner shall ensure that fixtures discharging sewage that includes fats, oils, grease, or grit located in public kitchens, restaurants or any other applicable occupancy are equipped with the appropriate trap or interceptor in accordance with Part 7 of the Building Code.

13.11 A Plumbing Official may authorize work to be covered or concealed without an inspection, subsequent to a request for inspection, provided that: a) the request for inspection includes certification that the work has been performed in compliance with the BC Plumbing Code and any other applicable standard; and b) the certification is provided by a licensed plumbing contractor who obtained the permit and has overseen the work.

13.12 A Plumbing Official may request a verification of a licensed plumbing contractor’s work by another licensed plumbing contractor, and the owner will be responsible for the cost of the additional inspection.

PART 14: INSPECTIONS

14.1 If a registered professional provides letters of assurance in accordance with this Bylaw, the Town will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this Bylaw and the Building Code as assurance that the construction substantially conforms to the design, plans and specifications and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety.

14.2 Despite section 14.1 and 14.4 of this Part, a Building Official may attend the site from time to time during the course of construction of a complex building to perform monitoring checks for compliance with this Bylaw.

14.3 A Building Official may attend periodically at the site of the construction of standard buildings or structures to ascertain whether the health and safety aspects of the work is being carried out in substantial conformance with the Building Code, this Bylaw and any other applicable enactments concerning safety.

14.4 The owner or constructor must schedule a monitor check 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 before concrete is poured; b) prior to backfilling of on-site services, including damp-proofing and foundation insulation, and 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; and f) upon completion of installation of insulation and vapour barrier.

14.5 For all work in respect of standard buildings, the owner must give at least 48 hours’ notice to the Town when requesting an inspection and must obtain an inspection and receive a Building Official’s written acceptance of the following aspects of the work prior to concealing them: a) after demolition, the grading of and removal of debris from the site; b) excavation, within 24 hours of the start of excavation; c) foundation and footing forms, before concrete is poured; d) prior to inspection under section 14.5(e), plumbing located below the finished slab level; e) the preparation of ground, including ground cover when required, perimeter insulation on inside of concrete foundation walls and reinforcing steel; f) after inspection under section 14.5(e) hydronic heating pipes and below slab insulation; g) installation of rough-in plumbing before it is covered; h) installation of building services before being covered; i) rough in of factory-built chimneys and fireplaces and solid fuel burning appliances; j) framing, sheathing, fire stopping (including drywall in fire separations), bracing, chimney and ductwork, rough wiring, rough plumbing, rough heating, gas venting, exterior doors and windows, but prior to the installation of insulation, interior finishes, sheathing paper or exterior finishes which would conceal such work; k) insulation and vapour barrier; l) mid-construction blower door test to verify energy step target; m) construction of an exterior deck if the deck serves as a roof; n) on-site constructed tubs or showers and tub or shower trap tests; o) the installation of wall sheathing membrane, externally applied vapour or air barrier, stucco wire or lath, and flashings, but prior to the installation of exterior finishes which could conceal such work; and p) the health and safety aspects of the work, energy conservation, GHG emission reduction and accessibility aspects of the work when the building or structure is substantially complete, ready for occupancy but prior to occupancy.

14.6 A Building Official will only carry out an inspection under section 14.5 if the owner or the constructor has requested the inspection in accordance with this Bylaw.

14.7 Despite the requirement for the Building Official’s acceptance of the work outlined in section 14.5, if a registered professional provides letters of assurance, the Town will rely solely on field reviews undertaken by the registered professional and the letters of assurance submitted pursuant to this Bylaw as assurance that the aspects of the construction referenced by those letters of assurance substantially conform to the design, plans and specifications and that the construction complies with the Building Code, this Bylaw and other applicable enactments respecting safety.

14.8 No person may conceal any aspect of the work referred to in section 14.5 of this Bylaw until a Building Official has accepted it in writing.

14.9 For work in respect of complex buildings, the owner must a) request a pre-construction meeting at least 3 working days in advance with the Building Official prior to the start of construction, and the owner or their representative must ensure that the coordinating registered professional, the constructor, registered professionals, where applicable the Certified Professional, as well as representatives of major trades, are in attendance; b) request a pre-occupancy meeting at least 3 working days in advance coordinated by the coordinating registered professional or Certified Professional, with the owner, the constructor and the registered professionals for a demonstration to the Building Official and other Town’s staff of compliance with the health and safety aspects of the work, the coordination and integration of the fire and life safety system, applicable Town requirements and other enactments respecting safety, energy conservation, GHG emission and accessibility aspects of the work; and c) engage the coordinating registered professional or Certified Professional, at least 48 hours prior to the pre-occupancy coordinated site review, to deliver to the Building Official the Confirmation of Required Documentation in a form prescribed by the Building Official, complete with all documentation in hard copies and in digital format, and the record drawings in digital format.

14.10 Prior to scheduling one of the following inspections of a standard building, the owner shall submit to the Building Official the following documents, as applicable, for review by the Building Official pursuant to the inspection: a) Forms/Foundation: i. Building Location Certificate provided by a British Columbia Land Surveyor with elevation for top of concrete for Flood Construction Level (FCL) calculation; ii. Geotechnical Engineer’s field review for soil bearing; iii. Structural Engineer’s field review for footings; iv. Structural Engineer’s field review for foundation walls. b) Prior to backfilling: i Geotechnical Engineer’s field review for rock pit; ii Geotechnical Engineer’s field review for site drainage. c) Framing/Sheathing: i Structural Engineer’s field reviews; ii Sealed joist and beam layout; iii Sealed roof truss layout and sealed truss specifications; iv Fire Suppression Engineer’s field review; v Gas and electrical rough-in certificates; vi Field reviews and Schedule S by engineer for i-joist and roof truss where required. d) Final Inspection: i Coordinating Registered Professional Schedule C-A; ii All registered professional’s Schedule C-B; iii Third-party field report with Schedule B and Schedule C-B for unvented roof spaces; iv Spray foam certification; v Sealed drawings with Schedule B and Schedule C-B for manufactured guards; vi Third-party verification report for energy modelling; vii Mechanical ventilation checklist for all dwellings; viii Decking membrane certification; ix Copy of electrical and gas permits and notice of completion from Technical Safety BC; x Field reviews and assurance statement for retaining walls; xi A drawing showing the location of sewer and water services from the Town service connection to the point of entry at the building, triangulated against landmarks or permanent structures; and e) any other documents as required by the Building Official.

Re-Inspection and Other Fees

14.11 In addition to the fees required under other provisions of this Bylaw, the owner must pay the non-refundable fee set out in the Fee and charges Bylaw for: a) a third and each subsequent re-inspection where it has been determined by the Building Official that due to non-compliance with the provisions of this Bylaw or due to non-complying work, more than two site visits are required for any required inspection; b) inspection required under this Bylaw which cannot be carried out during the Town’s normal business hours; and c) any other inspections or services not specifically covered under this Bylaw.

PART 15: PARTIAL CONSTRUCTION

15.1 If a site has been only excavated under a building permit for excavation issued under this Bylaw, and a building permit is not subsequently issued for the next phase, or a building permit has expired under section 11.46 and without the construction of a building or structure for which the building permit was issued having commenced, the owner must fill in the excavation to restore the original gradients of the site within 60 days of being served notice by the Town to do so.

15.2 If a building permit has expired and partial construction has progressed, with no extension requested of the Building Official under section 11.47, permanent type fencing with privacy screen complying with the Town’s Zoning Bylaw, must be erected around the building site for protection to the public.

15.3 Any construction that has accepted field reviews, or if the Building Official has accepted the work upon an inspection, is deemed to be valid up to that stage of construction, for consideration of subsequent building permits to finish the project.

15.4 The building official may request a re-verification of installation soundness of the completed work under Section 15.3 upon the re-start of the project under new permits.

PART 16: SANITARY FACILITIES DURING CONSTRUCTION

16.1 The owner must provide on the parcel of land in respect of which the permit has been issued, sanitary facilities for the disposal of human waste, which facilities must be accessible and unlocked when not occupied while work is being carried out on the parcel under this Bylaw.

16.2 Every sanitary facility referred to in Section 16.1 that is not connected to a sanitary sewer; or by plumbing that complies with the Building Code and this Bylaw, must: a) be provided at all times with toilet paper, a locking door for privacy, and ventilation; and b) be kept in sanitary condition without leaking beyond the facility and without overflowing within the facility.

16.3 Such facilities must be located so as not to create a nuisance to neighbouring parcels or highways.

PART 17: SITE GRADING AND DRAINAGE

17.1 The owner of a lot on which a building or structure is being constructed shall control the site drainage such that other lots are not impacted and shall ensure that: a) each lot is graded to drain into a municipal drainage system or a natural watercourse without draining onto adjacent lots; b) areas adjacent to buildings are graded away from the foundations to prevent flooding; c) A lot lower than adjacent roadways is provided with storm water management facilities to direct storm runoff to a drainage system approved by the Building Official or by the person designated by the Director of Engineering; and d) in the case of storm runoff not directed to a municipal drainage system, storm runoff occurs to a natural watercourse by means of sheet flow only, and not by means of swales or pipes or other artificial means.

PART 18: OCCUPANCY

18.1 A Building Official may authorize the occupancy of a building or structure or part of a building or structure by issuing a final inspection notice.

18.2 For a complex building, a Building Official will require the owner and their coordinating registered professional to attend a pre-occupancy meeting prior to arranging the occupancy demonstration.

18.3 A Building Official may request the owner to re-verify the cost of construction prior to requesting the pre-occupancy meeting.

18.4 For all buildings, a final inspection notice will not be issued unless: a) all letters of assurance have been submitted when required in accordance with this Bylaw; b) all aspects of the work requiring inspection and acceptance pursuant to Part 14 of this Bylaw have both been inspected and accepted or the inspections and acceptance are not required in accordance with this Bylaw; c) the owner has provided a building survey prepared by a British Columbia Land Surveyor showing the building height, size, location and elevation determined in accordance with the Town’s land use regulations; d) the owner has executed and delivered to the Town every agreement, instrument or form, including landscape schedules, required by the Town in relation to the work or the site; e) all outstanding fees, penalties and charges are paid in full; f) all required offsite works respecting safety have been completed; and g) record drawings from all disciplines of the building or structure in digital format has been received by staff, including a record drawing showing the installation of potable water service, sanitary sewer service and storm drain service installations and indicating backfill and bedding materials for service trench, sizes and types of material and all fittings and references for cleanouts triangulated to substantially permanent landmarks such as building foundations and hydro kiosks.

18.5 When a registered professional provides letters of assurance in accordance with this Bylaw, the Town will rely solely on the letters of assurance when issuing a final inspection notice authorizing occupancy as assurance that the items identified on the letters of assurance substantially comply with the design, the Building Code, this Bylaw and other applicable enactments respecting safety.

18.6 A Building Official may issue a final inspection notice for occupancy of a portion of a building or structure under construction when: a) that portion of the building or structure is self-contained and provided with essential services respecting health and safety aspects of the work, and if applicable, accessibility, GHG emissions and energy conservation; and b) the requirements set out in section 18.4 have been met.

18.7 A Building Official may issue an approval for a building shell upon completion of the construction on condition that a person shall not occupy the building or portions of the building until: a) a subsequent building permit has been obtained; and b) a separate final inspection notice has been issued for the occupancy of the finished space.

18.8 A Building Official may issue an approval for the occupancy of a residential complex building where the interior finishing of some units is not completed, subject to: a) the scope of the partial occupancy is clearly presented in the final inspection notice; b) the building meets requirements set out in Section 18.4; c) subsequent building permits are obtained for the unfinished units; and d) the unfinished units are less than 10% of the total number of units in the building.

18.9 Without limiting requirements in this Part, an occupancy permit is not issued in full unless: a) the finished grade complies with all applicable enactments; b) all landscaping and paving work are completed and accepted; and c) all floor areas have been issued their final inspection notices.

18.10 The owner will not obtain any refunds of securities or deposits until an occupancy permit is issued.

PART 19: TEMPORARY BUILDING

19.1 Subject to the bylaws of the Town and orders of Council, a Building Official may issue a building permit for the erection or placement of a temporary building for occupancy if: a) the permit is for a period as specified on the permit; and b) the temporary building is located in compliance with the Town’s Zoning Bylaw, built in compliance with the Building Code and this Bylaw, and connected, as required by enactments, to Town utility services.

19.2 An application for a building permit for the erection or placement of a temporary building must include, in addition to plans and documents required in other Parts of this Bylaw: a) a statement by the owner indicating the intended use and duration of the use; b) plans and supporting documents showing the proposed parking and loading space, if required; c) a written description of the project explaining why the building is temporary; d) a copy of an issued development permit, if required; e) in the case of a manufactured building, a CSA label in respect of manufacture and, without limitation, a Quonset or other steel building must be certified in accordance with CSA Standard A660; f) security in the form of cash or a letter of credit for 100% of the value of the removal of temporary building, which security: i. may be used by the Town to remove the building after the expiry of the permit for the temporary building; or ii. must be returned to the owner if the owner removes the temporary building upon expiry of the permit for the temporary building.

19.3 Before receiving a permit for a temporary building for occupancy, the owner must pay to the Town the applicable fees and charges set out in Fees & Charges Bylaw.

19.4 A permit fee for a temporary building is not refundable.

PART 20: RETAINING WALLS

20.1 A professional engineer with expertise in geotechnical engineering shall provide the design and supervise the construction of a retaining wall that requires a permit under Section 6.1, meeting good engineering practice and applicable design guidelines, and submit sealed copies of the design plan and field review reports to a Building Official prior to acceptance of the work.

20.2 Upon completion of the work, the engineer must provide an assurance statement indicating the retaining wall has been constructed in compliance with the design.

PART 21: BUILDING RELOCATION

21.1 No person may relocate a building or structure into or within the Town: a) except where certified by a professional engineer that the building or structure, specifically its foundation and snow load, will comply with the current Building Code; b) a building permit has been issued for the building or structure previously by the Town; and c) the building or structure complies with the Zoning Bylaw and other applicable bylaws and enactments.

21.2 The owner shall provide security in the form of cash or a letter of credit in the amount as specified within Fees and Charges Bylaw to guarantee the completion of the work without damages to public works when moving a building to/or from the Town.

21.3 The building shall comply in all aspects with the requirements of this Bylaw, including the Building Code and Plumbing Code.

21.4 If the building to be moved is a dwelling, the assessed value thereof shall not be less than 1¼ times the average assessed value of the closest ten (10) dwellings to the property to which it is to be moved.

PART 22: NUMBERING OF BUILDINGS

22.1. The Town’s Chief Administrative Officer or delegate may renumber or alter the assigned numbers in respect of any building on any parcel, including those already in existence or numbered.

22.2 Without limiting sections 22.1, the Building Official may on the issuance of a building permit, provide a house number or set of house numbers related to the building authorized by the permit.

22.3 Without limiting sections 22.1 through 22.2, on issuance of an approval to occupy, the owner or occupier of the parcel must affix the numbers permanently in a conspicuous place on the building such that the number is visible from an adjacent highway that is not a lane.

PART 23: POOLS

Swimming Pool Permit and Fencing

23.1 Without limiting section 6.1 of this Bylaw, a person must not construct, or structurally repair, a pool without a valid permit.

23.2 A pool, including a spa or hot tub, must be enclosed within a fence constructed without footholds or grips that children may use to climb into the enclosed area, having a minimum height of 1.5 metres and no openings greater than 100 mm at their greatest dimension, or have a lockable lid conforming to Section 23.4.

Pool Gate

23.3 Access through a fence enclosing a swimming pool, spa or hot tub must be only through a self-closing and self-latching gate designed and constructed or installed so as to cause the gate to return to a closed position when not in use and secured by a latch located on the swimming pool, spa or hot tub side of the gate.

Spa or Hot Tub Lid

23.4 In lieu of a fence, a spa or hot tub may be covered with a locking cover, which would prevent unauthorized access to the water.

Maintenance

23.5 A person may not use or occupy a pool, including a spa or hot tub unless the owner or occupier of property on or in which a pool, spa or hot tub is located maintains every fence or cover required under sections 23.2 to 23.4 in good order, and without limitation maintains and repairs in good order at all times all sagging gates, loose parts, torn mesh, missing materials, worn latches, locks or broken or binding members.

Leaks or Other Failures

23.6 A person may not obtain a permit for or use or occupy a pool without first providing to the Building Official at the time of the building permit application an opinion of a registered professional that the design of the pool will not cause or result in leaks or other failures of the pool, or if the pool is over .6m deep in excavation, a registered professional to ensure the excavation is safe from collapse of soil.

PART 24: BUILDING OFFICIAL’S NOTICES

24.1 A Building Official may direct the immediate suspension or correction of all or a portion of the construction on a building or structure by attaching a Stop Work notice on the premises whenever it is found that the work is not being performed in accordance with the requirements of the Building Code, any applicable bylaw of the Town or the applicable provisions of the Homeowner Protection Act.

24.2 The coordinating registered professional may request, in writing, that the Building Official order the immediate suspension or correction of all or a portion of the construction on a complex building by attaching a Stop Work notice on the premises. The Building Official must consider such a request and, if not acted upon, must respond, in writing, to the coordinating registered professional and give reasons.

24.3 The owner must immediately, after the posting of a notice under section 24.1, secure the construction and the lands and premises surrounding the construction in compliance with the safety requirements of every statute, regulation or order of the Province, or of a provincial agency and of every applicable bylaw of the Town.

24.4 An owner may not carry out any work other than the required remedial measures on the affected by the notice referred to in section 24.1 until the Stop Work notice has been rescinded by the Building Official.

24.5 The Stop Work notice referred to in Section 24.1 must remain posted on the premises until that which is contrary to the enactments has been remedied.

24.6 If a person occupies a building, structure, or part of a building or structure, prior to the issuance of a final inspection notice or occupancy permit authorizing the occupancy, a Building Official may post a Do Not Occupy notice on the affected part of the building or structure.

24.7 If a Building Official deems a building or structure to be structurally unsafe, and may endanger the safety of its occupants or surrounding occupants, a Building Official may post an Unsafe to Occupy notice on the building or structure, and may order the owner to take steps necessary to secure the site. The owner shall reimburse the Town any professional fees that may be incurred for the verification of structural safety.

24.8 The owner of a property on which a Do Not Occupy notice or an Unsafe to Occupy notice has been posted, and every other person, shall cease occupancy of the building or structure immediately and shall refrain from further occupancy until all applicable provisions of this Bylaw, the Building Code and any other applicable 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.

24.9 Where the owner has been issued a Work Without Permit notice, the owner shall make a building permit application within seven (7) days of the notice being posted and shall pay the additional penalty in accordance with this Bylaw.

24.10 A Building Official may order removal of unpermitted work where there is a Work Without Permit notice issued if: a) the owner fails to make a building permit application under Part 11; or b) If the work constructed does not meet the requirements of this Bylaw, the Building Code, or any other applicable bylaws.

PART 25: OFFENCES

25.1 Without limiting other parts of this Bylaw, every person who: a) violates a provision of this Bylaw; b) permits, suffers or allows any act to be done in violation of any provision of this Bylaw; and c) neglects to do anything required to be done under any provision of this Bylaw, commits an offence and on summary conviction by a court of competent jurisdiction, the person is subject to a fine of not more than $10,000.00, or a term of imprisonment not exceeding three months, or both, in addition to the costs of prosecution. Each day during which a violation, contravention or breach of this bylaw continues is deemed to be a separate offence.

25.2 Every person who fails to comply with any administrative requirement issued by a Building Official, or who allows a violation of this Bylaw to continue, contravenes this Bylaw.

Penalties for Violations

25.3 A person will be charged a penalty as per the Fees and Charges Bylaw for every permit application if construction commenced before the Building Official issued a permit.

25.4 If a Stop Work notice is issued and the owner or constructor violates the Stop Work notice, the owner or constructor must pay an additional charge as outlined in the Fees & Charges Bylaw.

Deemed Offence

25.5 An owner is deemed to have knowledge of and be liable under this Bylaw in respect of any construction on the parcel the owner owns, and any change in the use, occupancy or both of a building or structure or part of a building or structure on that parcel.

25.6 No person is deemed liable under Section 25.5 who establishes, on a balance of probabilities, that the construction or change of use or occupancy occurred before they became the owner of the parcel.

25.7 Nothing in section 25.5 affects: a) the Town’s right to require and the owner’s obligation to obtain a permit, including for work that was done without the benefit of a permit; and b) the obligation of the owner to make safe any construction and to comply with this Bylaw.

Ticketing

25.8 The offences in the Municipal Ticket Information (MTI) Bylaw No. 643, 2007, and as amended from time to time, are enforceable under this Bylaw.

Severability

25.9 If a section, subsection, paragraph, subparagraph or phrase of this Bylaw is for any reason declared invalid by a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this Bylaw.

Permits under Former Bylaw

25.10 Subject to the provisions of the former bylaw, a permit issued pursuant to the former bylaw, remains valid and work authorized under the permit may be carried out in accordance with the terms of the permit, the Building Code and this Bylaw as if the permit had been issued under this Bylaw.

REPEAL

25.11 Building Bylaw No. 786, as amended, is repealed.

IN FORCE

This bylaw comes into force on November 1, 2023, except: a) section 12.1(e), which comes into force on July 1, 2024; and b) section 12.1(f), which comes into force on November 1, 2024.

READ A FIRST TIME THIS DAY OF SEPTEMBER, 2023. READ A SECOND TIME THIS DAY OF SEPTEMBER, 2023. READ A THIRD TIME THIS DAY OF SEPTEMBER, 2023.

ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CORPORATE OFFICER, AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS _______ DAY OF ________, 2023.

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MAYOR

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CORPORATE OFFICER