DISTRICT OF LAKE COUNTRY BYLAW 709, CONSOLIDATED VERSION (Includes amendment as of April 17, 2012)

Transcription

1 DISTRICT OF LAKE COUNTRY BYLAW 709, 2011 CONSOLIDATED VERSION (Includes amendment as of April 17, 2012) This is a consolidated copy to be used for convenience only. Users are asked to refer to the District of Lake Country Building Regulation Bylaw 709, 2011 as amended from time to time to verify accuracy and completeness. Amending Bylaw Summary of Amendments Adoption 810 Adding Section 36 April 17, 2012

2 Bylaw 709, 2011 CONSOLIDATED Page 2 of 27 DISTRICT OF LAKE COUNTRY BYLAW 709, 2011 A BYLAW FOR THE ADMINISTRATION OF BUILDING REGULATIONS CONSOLIDATED VERSION ) PURPOSE ) SCOPE AND EXEMPTIONS ) DEFINITIONS ) ACTIVITIES REQUIRING PERMITS ) PERMIT CONDITIONS ) RESPONSIBILITIES OF THE OWNER ) NO WARRANTY OR REPRESENTATION ) GENERAL PROHIBITIONS ) ROLE OF THE BUILDING INSPECTOR ) APPLICATION REQUIREMENTS ) ALTERNATIVE SOLUTIONS ) PROFESSIONAL DESIGN AND FIELD REVIEW ) BUILDING ENVELOPE PROFESSIONAL ) VALUATION FOR PERMIT ) FEES AND CHARGES ) REFUSAL TO ISSUE PERMIT ) ISSUANCE OF PERMIT ) PARTIAL PERMITS ) PERMIT EXPIRATION ) EXTENSION OF PERMIT ) REVOCATION OF PERMIT ) INSPECTIONS ) OCCUPANCY PERMITS ) ON-SITE SERVICES ) CLIMATIC DATA... 20

3 Bylaw 709, 2011 CONSOLIDATED Page 3 of 27 26) RETAINING STRUCTURES ) SWIMMING POOL FENCES ) AWNINGS, CANOPIES or MARQUEES ) MANUFACTURED HOME PARKS, CAMPGROUNDS AND RV PARKS ) ENERGY EFFICIENT BUILDING REBATES ) CONDITIONS TO MOVE A BUILDING ) DEMOLITION INSPECTION PERMIT REQUIREMENTS ) ORDERS AND NOTICES ) PENALTIES AND ENFORCEMENT ) UNSAFE CONDITIONS ) ON SITE SIDEWALKS ) SEVERABILITY ) FORMS AND SCHEDULES ) REPEALS ) CITATION... 27

4 Bylaw 709, 2011 CONSOLIDATED Page 4 of 27 WHEREAS section 8(3) and section 53 of the Community Charter authorize the District of Lake Country, for the health, safety and protection of persons and property to regulate the construction, alteration, repair, or demolition of buildings and structures by bylaw; AND WHEREAS the Province of British Columbia has adopted a building code to govern standards in respect of the construction, alteration, repair and demolition of buildings in municipalities and regional districts in the Province; AND WHEREAS it is deemed necessary to provide for the administration of Health and Safety Aspects of Work regulated by the Building Code; NOW THEREFORE the Municipal Council of the District of Lake Country, in open meeting assembled, enacts as follows: 1) PURPOSE 1) This Bylaw shall, notwithstanding any other provision herein, be interpreted in accordance with this section. 2) This Bylaw is enacted for the purpose of regulating construction within the District in the general public interest. The activities undertaken by or on behalf of the District pursuant to this Bylaw are for the sole purpose of providing a limited and interim spot checking function for reasons of health, safety and the protection of persons and property. It is not contemplated nor intended that this Bylaw shall provide, nor shall this Bylaw be interpreted as providing: a) protection to owners, builders, constructors or any other persons from economic loss; b) the assumption by the District or the Building Inspector of any responsibility for ensuring the compliance by any owner, agent of an owner or any employees, builders, constructors or designers retained by an owner, with the Health and Safety aspects of work regulated by the Building Code, the requirements of this Bylaw or any other bylaws or enactments; c) a warranty to any person of design or workmanship or materials with respect to any building, structure or part thereof for which a permit or occupancy permit is issued under this Bylaw; d) a warranty or assurance to any person that construction undertaken pursuant to a permit issued under this Bylaw is free from any defects, whether patent or latent.

5 Bylaw 709, 2011 CONSOLIDATED Page 5 of 27 2) SCOPE AND EXEMPTIONS 1) This Bylaw applies to the design, construction and occupancy of new buildings and structures, and the alteration, reconstruction, demolition, removal, relocation and change of occupancy of existing buildings and structures. 2) This Bylaw does not apply to buildings or structures exempted by Division A Part 1 of the Building Code except as expressly provided herein. 3) This Bylaw applies to all land, water, air space, buildings and structures within the District of Lake Country, including Farm Buildings as regulated by the National Farm Code. 4) This bylaw does not apply to: 3) DEFINITIONS a) Landscaping or other surfacing of land, except retaining walls greater than 1.5 m in height; b) Bridges other than pedestrian and vehicular bridges attached to buildings; c) Swimming Pools; d) Docks or wharves; and e) Decks or patios which are less than 600mm from the ground or finished grade, which are not attached to a building and have no walls or roofs. 1) Unless otherwise defined herein, words and terms used in this Bylaw shall have the same meanings as set out in the Building Code. 2) In this Bylaw, unless the context otherwise requires: agent includes a person, firm or corporation representing the owner by designation or contract and includes a hired tradesman or contractor who may be granted a permit for work within the limitation of his or her licence; attached with reference to additions means connected to a building by a common footing, foundation and roof system enclosing at least 50% of one exterior wall face of the addition, or connected to a building solely by a roof less than 10.0 m (33 feet) long. awning means a retractable or non-retractable covering of non-rigid materials such as canvas or similar fabric projecting from the exterior wall of a building; Building Code means the British Columbia Building Code established from time to time by the Province of British Columbia as amended; building envelope professional means a member of the Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of British Columbia; Building Inspector means the Chief Building Inspection of the District and such other person or persons as he or she may designate from time to time as his or her assistants; canopy means a non-retractable hood cover or marquee which projects from the wall of a

6 Bylaw 709, 2011 CONSOLIDATED Page 6 of 27 building. It does not include an awning, projecting roof, roof eaves, or enclosed structure; Complex building means: a) all buildings use for major occupancies classified as b) assembly occupancies, c) care or detention occupancies, d) high hazard industrial occupancies, and all buildings exceeding 600 square meters in building area or exceeding three storeys in building height used for major occupancies classified as a) residential occupancies, b) business and personal services occupancies, c) mercantile occupancies, d) medium and low hazard industrial occupancies construct or construction means to build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate or shore, with respect to a building or structure; District means the District of Lake Country; District Engineer means the District of Lake Country Engineer or designate; Health and Safety Aspects of Work means design and construction regulated by Division A Part 1, 2 and 3, Division B Part 1, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8 and Sections 9.4, 9.7, 9.8, 9.9, 9.10, 9.12, 9.13, 9.14, 9.15, 9.17, 9.18, 9.20, 9.21, 9.22, 9.23, 9.25, 9.31, 9.32, 9.34 and 9.36 of Part 9, Part 10 and Division C Part 1 and 2 of the BC Building Code. marquee means a roof type structure which projects from or above the exterior wall of a building usually over the entrance to a public building such as a theatre on which there is usually a sign; mobile home means a manufactured home constructed to the requirements of the CSA National Standard CAN/CSA Z240MH Series-09 or any preceding or replacement standard; modular home means a manufactured home conforming to the requirements of the CSA National Standard CAN/CSA A or any preceding or replacement standard for certified factory-built home; owner includes the registered owner of an estate in fee simple of land, and also where the context or circumstances so require: (a) (b) (c) (d) a tenant for life under a registered life estate; a registered holder of an agreement for sale; a holder or occupier of land held in the manner mentioned in sections 228 and 229 of the Community Charter; a lessee with authority to build on land; off-site services means services required pursuant to the District Subdivision and Servicing Bylaw of the day, that are to be located on public road, public land or statutory right-of-way at final approval of the subdivision or development as the case may be; on-site services means utilities and features which provide for servicing a project within the

7 Bylaw 709, 2011 CONSOLIDATED Page 7 of 27 property on which it is located and includes water service piping and distribution systems, storm and sanitary sewer collection, access roads, natural gas, electric and cable; Qualified Plumber means a person who holds a current Certificate of Qualification issued by the Province of British Columbia as a journeyman plumber for which a statement of compliance and assurance is being provided pursuant to Section 17 of this bylaw; parcel means a lot, block or other area in which land is held, or into which land is legally subdivided; permit means permission or authorization in writing by the Building Inspector under this Bylaw to perform work regulated by this Bylaw; person includes a natural person, a firm, corporation, municipal corporation, school board, hospital board or other government or government agency; professional design means the plans and supporting documents bearing the date, seal or stamp, and signature of a registered professional; registered professional includes a qualified professional as defined in section 55 (1) of the Community Charter; retaining wall means any structure other than a building wall constructed to hold back, stabilize or support an earthen bank as a result of difference in lot grades; Standard building means a building of three storeys or less in building height, having a building area not exceeding 600 square meters and used for major occupancies classified as: residential occupancies, business and personal services occupancies, mercantile occupancies, or medium and low hazard industrial occupancies. structure means a construction or portion thereof of any kind, whether fixed to, supported by, sunk into or located in, land, water or airspace, and includes foundations or supporting framework for exterior signs, equipment and machinery, interior storage racking greater than 2.6 m in height, retaining walls greater than 1.5 m in height and swimming pools fences, but specifically excludes paving, fences, and retaining walls under 1.5 m and landscaping.

8 Bylaw 709, 2011 CONSOLIDATED Page 8 of 27 4) ACTIVITIES REQUIRING PERMITS 1) A permit is required whenever works regulated by this bylaw are to be undertaken. Works regulated by this bylaw include, but are not limited to: a) Construction or placement of new buildings and structures; b) Additions to buildings and structures; c) Interior and exterior alteration of buildings and structures; d) Construction of foundations for, and installation of manufactured homes; e) Installation of plumbing systems; f) Alterations and additions to plumbing systems including the installation of solar hot water systems; g) Installation and alteration of fire protection sprinkler systems; h) Placement or removal of fuel storage tanks; i) Installation of temporary buildings larger than 30 m 2, including fabric covered structures; j) Installation or alteration of mechanical exhaust and fire protection systems for commercial cooking equipment pursuant to NFPA 96 Ventilation Control and Fire Protection of Commercial Cooking Operations; k) Construction, installation or alteration of chimneys or fireplaces; l) Installation of solid fuel burning appliances; m) Construction, additions or alterations of on-site services for manufactured home parks; n) Construction, additions or alterations of on-site services for campgrounds or recreation vehicle parks; o) Construction of retaining walls greater than 1.5 m in height as measured from the lowest grade; p) Construction of foundations for, and installation of moved buildings; q) Construction of swimming pool fences; r) Change of occupancy classification for a building or part of a building; s) Construction of on-site services for commercial, industrial and multi-family residential developments; t) The moving of buildings into or within the District;

9 Bylaw 709, 2011 CONSOLIDATED Page 9 of 27 u) Construction of a new secondary or accessory suite; v) Any structural change, alteration or repair to any building or structure; w) Demolition of buildings or structures; and x) Sign structures including awnings, canopies or marquees. 5) PERMIT CONDITIONS 1) Neither the issuance of a permit under this Bylaw nor the review of plans, drawings or supporting documents, nor any inspections made by or on behalf of the District shall in any way relieve the owner or the owner s agent from full and sole responsibility to perform the work in strict accordance with this Bylaw, the Building Code, and any applicable codes, standards, bylaws and enactments. 2) The word Reviewed on a District document related to a permit, permit application or a procedure under this Bylaw: a) does not mean, signify or imply that the District has confirmed, sanctioned or approved the design or construction; b) means only that the District has reviewed for compliance with this Bylaw. 3) It shall be the sole responsibility of the owner, and where the owner is acting through an agent, both the owner and the agent, to carry out the work in respect of which a permit is issued in compliance with the Building Code, this Bylaw and any other applicable codes, standards, bylaws and enactments. 4) No person shall rely upon any permit as establishing compliance with this Bylaw or assume or conclude that this Bylaw has been administered or enforced according to its terms. 5) A permit or an application for a permit that is in process may not be transferred or assigned until the owner has notified the Building Inspector in writing, and paid the fee specified by District fees bylaws. The transfer or assignment of a permit is not an extension of a permit. 6) The review of plans and supporting documents and issuance of a permit do not prevent the Building Inspector from thereafter requiring the correction of errors in those plans and supporting documents, or from prohibiting building construction or occupancy being carried on when in violation of this or any other bylaw or enactment. 6) RESPONSIBILITIES OF THE OWNER 1) Every owner to whom or to whose agent a permit is issued shall ensure that all construction complies with the Building Code, this Bylaw and any other applicable bylaws or enactments. 2) Every owner to whom or to whose agent a permit is issued shall pay for the cost of repair of any damage to District property or works that occurs in the course of the work authorized by the permit. 3) Every owner to whom or to whose agent a permit is issued shall during construction:

10 Bylaw 709, 2011 CONSOLIDATED Page 10 of 27 a) keep a copy of the reviewed designs, plans and specifications on the property; b) post the green permit card in a location visible from any adjoining streets; c) post the civic address on the property in a visible location from any adjoining streets, d) provide building inspectors with safe access to the work site and all areas requiring inspections, and e) provide adequate permanent or portable washroom facilities on the construction site until the construction is complete. 4) Every owner shall obtain, prior to the occupancy of a building or part thereof, written permission from the Building Inspector to occupy the building or part thereof, pursuant to section 23. 7) NO WARRANTY OR REPRESENTATION 1) Neither the issuance of a permit under this Bylaw, the review of the design, drawings, plans or specifications, nor inspections made by the Building Inspector, shall constitute a representation or warranty that the Building Code or this Bylaw have been complied with or that the building or structure meets any standard of materials or workmanship, and no person shall rely on any of those acts as establishing compliance with the Building Code or this Bylaw or any standard of construction. 8) GENERAL PROHIBITIONS 1) No person shall commence or continue construction or change the occupancy of any building, structure or part thereof, unless the Building Inspector has issued a permit for the construction and that permit remains in force. 2) No building or structure shall be constructed except in conformity with the requirements of the Building Code and this Bylaw. 3) No person shall occupy or use any building, structure or part thereof unless a valid and subsisting occupancy permit or final approval has been issued by the Building Inspector for the building, structure or part thereof, or contrary to the terms of any permit issued or any notice given by the Building Inspector. 4) No person shall, unless authorized in writing by the Building Inspector, reverse, alter, deface, cover, remove or in any way tamper with any notice, permit or certificate posted upon or affixed to a building, structure or part thereof pursuant to this Bylaw. 5) No person shall change, modify or alter drawings or specifications reviewed by the District as a condition of a permit without authorization from the Building Inspector and payment of the fee specified in applicable District Bylaws

11 Bylaw 709, 2011 CONSOLIDATED Page 11 of 27 6) No person shall obstruct the entry of the Building Inspector or other authorized employee of the District onto any land or into any building or structure in the administration of this Bylaw. 7) No person shall knowingly submit false or misleading information to the Building Inspector in relation to any permit application or construction undertaken pursuant to this Bylaw. 8) No person shall commence or continue any construction on or to, or change the occupancy of an existing building or structure unless that existing building or structure is brought into compliance with the Building Code. 9) No person shall continue to construct a building or structure, or a portion of a building or structure, where the building inspector has ordered work to stop. 10) No person shall fail to comply with orders made by the building inspector. 11) No person shall cover any work required to be inspected under this bylaw, without first obtaining authorization from the building inspector to cover the work. 12) No person shall commence or continue any construction when that construction has been suspended by the Building Inspector, without first obtaining permission in writing from the Building Inspector to do so. 9) ROLE OF THE BUILDING INSPECTOR 1) The Building Inspector: a) may administer this Bylaw; b) may keep records of permit applications, permits, notices and orders issued, inspections and tests made, and copies of documents related to the administration of this Bylaw an acceptable electronic format; c) may establish, or direct the owner to establish, by tests, at the owner s expense, whether methods or types of construction, and types of materials, devices or assemblies used in the construction of a building or structure substantially conform to the requirements of the Building Code; d) may require that tests be carried out in accordance with recognized standard test methods or in the absence of such standard test methods, may specify the test procedure to be followed. A copy of the results of such tests shall be provided to the Building Inspector and also kept available on-site during the construction of the building or structure; e) may require the owner to uncover and replace at the owner's expense any construction that has been covered without inspection contrary to this Bylaw or an order issued by the Building Inspector; f) may enter any land, building or structure at any reasonable time for the purpose of ascertaining that the requirements of this Bylaw are being observed, or if the Building Inspector has any reason to believe that an unsafe condition exists;

12 Bylaw 709, 2011 CONSOLIDATED Page 12 of 27 g) may order in writing the correction of any construction that is being or has been done in contravention of this Bylaw. 10) APPLICATION REQUIREMENTS 1) An application for a permit shall include all documentation required by District policy, as amended from time to time. 2) An application for a permit may be refused when: a) any of the requirements of Section 10.1 have not been satisfied; b) the proposed construction would contravene the requirements of the Building Code or the provisions of this or any other bylaw of the District; c) the applicant or owner has been notified of a violation of this or any other bylaw of the District with regard to the construction, occupancy or use of any building, structure or part thereof, and such violation has not been remedied. 11) ALTERNATIVE SOLUTIONS 1) An owner who wishes to provide alternative solutions to satisfy one or more of the requirements of the Building Code or this Bylaw must submit sufficient evidence, certified by a professional engineer or architect, to demonstrate that the proposed alternative solutions will provide the level of performance required by the Building Code or this Bylaw and pay the fee specified in applicable District Bylaws. 12) PROFESSIONAL DESIGN AND FIELD REVIEW 1) The owner shall obtain the design and field review services of a registered professional in respect of a permit when required by the Building Code and for: a) a building or structure in respect of which the Building Inspector considers that the site conditions, size or complexity of a building or a group of buildings or an aspect of a building or buildings so warrant; b) the building envelope for all buildings where required under section 13. c) at the discretion of the Building Inspector, a peer review may be required prior to the acceptance of any design or field reviews conducted by a registered professional. 2) Where the services of a registered professional are required, the registered professional shall provide design and field review supported by Letters of Assurance in the form prescribed in the Building Code. 3) Letters of assurance provided under this section will be relied upon by the District and the Building Inspector as certification that the design, plans and construction to which the letters of assurance relate comply with applicable requirements of the Building Code.

13 Bylaw 709, 2011 CONSOLIDATED Page 13 of 27 13) BUILDING ENVELOPE PROFESSIONAL 1) In addition to, and without limiting any other provisions of this Bylaw, the construction of residential use buildings, except individual single family and two family dwellings, may be required to comply with this section. 2) The design of the building envelope of a building shall be reviewed and approved by a building envelope professional in compliance with the responsibilities for Enhanced Building Envelope Services, as established by the Architectural Institute of B.C. and the Association of Professional Engineers and Geoscientists of B.C. 3) The field review of the construction of the building envelope of a building shall be conducted by a building envelope professional in compliance with the responsibilities for Enhanced Building Envelope Services, as established by the Architectural Institute of B.C. and the Association of Professional Engineers and Geoscientists of B.C. 14) VALUATION FOR PERMIT 1) The valuation of construction set out in the application for a permit shall be the total current monetary worth of all construction or work related to the building or structure, and shall include: a) site preparation and civil work including excavation and the use of hoisting, pile driving, compaction or erection devices; 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, contractor s profit and overhead, sales taxes and construction insurance; and c) all mechanical, electrical, plumbing, drainage and gas installations necessary for the carrying out of the construction to its completed form. 2) The Building Inspector may place a value on the construction or work for the purpose of determining applicable permit fees by using an appropriate method from the Marshall Valuation Services publication with the updated current cost multipliers, or such other universal source of calculating valuation as the Building Inspector deems reasonable, practical and expedient. 15) FEES AND CHARGES 1) In addition to fees and charges required to be paid under any other bylaws, a permit fee, calculated in accordance with District bylaws, shall be paid in full upon issuance of any permit under this Bylaw. 2) The permit fee shall be doubled for every permit application where construction has started before the permit is issued.

14 Bylaw 709, 2011 CONSOLIDATED Page 14 of 27 3) If construction has advanced without inspection to a stage where compliance with this Bylaw or other applicable bylaws or enactments cannot be readily determined, the Building Inspector may require tests and investigations by an independent agency at the owner's expense to establish compliance or provide recommended remedial measures to be taken, prior to the issuance of a permit. 4) The application fee shall be credited against the permit fee when the permit is issued. 5) The Building Inspector may approve a refund of an application fee or portion thereof only if plan checking has not commenced. No refund shall be payable on an expired permit or on a permit for which an extension has been granted. 6) An owner may apply for a refund of the permit fee or a portion thereof calculated in accordance with District bylaws when a permit is surrendered and cancelled if: a) the owner has submitted a written request for a refund; b) the permit has not expired or been extended; and c) the Building Inspector has determined that no construction has commenced and no inspection has been made. 7) Where an owner proposes modifications to the building design, the owner shall pay an additional permit fee unless given an exemption by the Chief Building Inspector. 8) Where, as a result of non-compliance with this Bylaw, additional inspections are necessary when one inspection is normally required, for each inspection after the first inspection, a reinspection charge may be required to be paid by the owner before any further inspections are carried out by the Building Inspector. 9) Except as otherwise provided in this Bylaw, all fees and charges paid or payable under this Bylaw shall be non-refundable. 16) REFUSAL TO ISSUE PERMIT 1) The Building Inspector may refuse to issue a permit where: a) the proposed construction will contravene the requirements of the Building Code or the provisions of this or any other bylaw of the District; b) the applicant or owner has been notified of a violation of this or any other bylaw of the District with regard to the construction, occupancy or use of any building, structure or part thereof, and such violation has not been remedied; c) the results of the tests referred to in Section 9 are not satisfactory to the Building Inspector; d) the parcel referred to in the permit application does not: i. have vehicular access;

15 Bylaw 709, 2011 CONSOLIDATED Page 15 of 27 ii. meet requirements of other District bylaws. 17) ISSUANCE OF PERMIT 1) Each building, structure or part thereof constructed on a site requires a separate permit and shall be assessed a separate permit fee based on the value of that building, structure or part thereof. 2) The Building Inspector shall issue the permit for which the application is made when: a) a completed application in compliance with this Bylaw, including all required supporting documentation, has been submitted; b) the owner or the owner s agent has his paid all of the required fees; c) the owner or the owner s agent has paid all charges and met all applicable requirements imposed by any other applicable bylaw; d) the proposed work set out in the application conforms with the Building Code, this Bylaw and all other applicable bylaws and enactments; and e) no enactment or covenant or agreement in favour of the District of Lake Country authorizes or requires the permit to be withheld. 18) PARTIAL PERMITS 1) The Building Inspector may issue a permit for a portion of a building or structure before the design, plans and supporting documents for the entire building or structure have been reviewed provided sufficient information has been provided to the District to demonstrate to the Building Inspector that the portion authorized to be constructed substantially complies with this and any other applicable District bylaws and the permit fee applicable to that portion of the building or structure has been paid. Notwithstanding the issuance of the permit, the requirements of this Bylaw shall apply to the remainder of the building or structure as if the permit for the portion of the building or structure had not been issued. 2) When a site has been excavated for a building where the permit is not subsequently issued or a subsisting permit has expired, but without the construction of the building or structure having commenced, the owner shall fill in the excavation to restore the original gradients of the site within 60 days of being given notice by the Building Inspector to do so. 19) PERMIT EXPIRATION 1) Every permit is issued upon condition that the permit shall expire and the rights of the owner under the permit shall terminate if: a) the work authorized by the permit is not started within 180 days from the date the permit is issued unless extended under section 20;

16 Bylaw 709, 2011 CONSOLIDATED Page 16 of 27 b) the work is discontinued or suspended for a period of more than 180 days from the date of the last inspection by the Building Inspector; c) work requiring a permit is started and not completed within three years of the original date of the permit. 2) Where a permit has expired, the work shall cease and the construction shall be removed, unless a new permit application is made within 180 days of the expiry date of the permit. 3) Where a permit has expired, and a new permit application is made, all construction shall comply with this Bylaw, the Building Code and any other District bylaws and enactments in force at the time of the new application. 4) The Building Inspector may cancel an application if the permit has not been issued after 180 days from the date of written notification of intent to cancel has been provided to the owner. 5) When an application is cancelled: a) the application fee is forfeited to the District; and b) the plans and related documents submitted with the application may be destroyed. 20) EXTENSION OF PERMIT 1) Where construction has not commenced within 180 days from the date the permit was issued, the Building Inspector may extend the permit for a period not more than 180 days from the date of expiry of the original permit, but the permit shall then be void if construction has not started within 360 days from the original date of the issuance of the permit. 2) Where construction has commenced and has not been discontinued or suspended for a period of more than 180 days, the Building Inspector may extend the expiry date for the permit for such period of time as the Building Inspector considers reasonable, where the Building Inspector is satisfied that there exists a reasonable excuse for the delay in completing construction. 3) Application for the extension of a permit shall be made prior to the date of permit expiration. 4) The fee specified by applicable District bylaws shall be paid for the granting of a permit extension under this section. 21) REVOCATION OF PERMIT 1) The Building Inspector may revoke a permit where: a) there is a violation of any condition under which the permit was issued; b) there is a violation of any provision the Building Code, this Bylaw or any other bylaw of the District;

17 Bylaw 709, 2011 CONSOLIDATED Page 17 of 27 c) the permit was issued in error; d) cancellation or termination of Homeowner Protection Office Registration occurs prior to finalization of permit; e) the permit was issued on the basis of false or incorrect information; or f) the results of any tests carried out pursuant are not satisfactory to the Building Inspector. 2) The Building Inspector shall send a written notice of the permit revocation to the permit holder. 22) INSPECTIONS 1) In addition to required field reviews, the owner, or the owner s agent, shall give not less than 24 hours notice to the District when requesting an inspection and shall obtain an inspection and receive acceptance of the Building Inspector of the following aspects of the construction prior to concealing it: a) Footings, after preparations for footings are completed, prior to placement of concrete; b) Foundation, after forms for foundation walls are completed, prior to placement of concrete; c) Backfill, after damp-proofing and foundations are in place, prior to backfilling; d) Sanitary Sewer Service, after sewer line is in place and under test, prior to backfilling; e) Domestic Water Service, after water service lines are in place and water has been turned on, prior to backfilling; f) Under-Slab Plumbing, after any part of the plumbing system is in place and under test, prior to covering; g) Under-Slab Inspection, after slab preparation for soil gas requirements and insulation are in place, prior to covering; h) Plumbing above ground, when complete and under test, prior to concealment; i) Framing, after framing, windows and doors are in place and sheathing of the building is complete. Completed work includes fire-stopping, bracing, chimneys, duct work, plumbing, gas venting, wiring and continuity or fire separations through concealed spaces, prior to any insulation lath or other interior or exterior finish which conceals the work; j) Insulation, Air Barrier and Vapour Barrier, after all insulation and vapour barrier is in place, prior to any lath or other interior finish being applied which would conceal the work;

18 Bylaw 709, 2011 CONSOLIDATED Page 18 of 27 k) Occupancy and Final, after the building or portion thereof is complete and ready for occupancy, prior to occupancy of the whole or any portion of the building. 2) Where required, additional inspections may be require in the following cases: a) Retaining structures shall be inspected in accordance with Section 26 of this bylaw; b) Swimming pool fences shall be inspected upon completion of the fence and prior to filling the pool with water pursuant to Section 27 of this bylaw; c) Awnings, canopies or marquees shall be inspected in accordance pursuant to Section 28 of this bylaw; d) Manufactured Home Parks, Campgrounds and RV Parks shall require inspections pursuant to Section 29 of this bylaw; e) On-Site Services shall be inspected in accordance with Section 24 and any other inspections that may be required pursuant to this bylaw; f) Moving of Buildings shall be inspected in accordance with the requirements of Section 31 of this bylaw. 3) When a registered professional provides letters of assurance under this Bylaw, the District will rely on field reviews undertaken by the registered professional and the letters of assurance submitted as certification that the construction conforms to the design, and that the construction complies with the Building Code, this Bylaw and any other applicable enactments. a) Copies of all field reviews must be submitted to the District. 4) Notwithstanding any other Sections of this Bylaw, the Building Inspector may attend on site from time to time during the course of construction to ascertain whether: a) the provisions of the Building Code, this Bylaw, any other bylaws of the District and any other applicable enactments are being complied with; and b) the required field reviews are taking place, and to monitor the field reviews by the registered professional. 23) OCCUPANCY PERMITS 1) Except as provided in Section 23.5 no person shall occupy a building or structure or part thereof until an occupancy permit has been issued for: a) the first occupancy of a building or structure or part thereof after completion of construction; or b) any change in class of occupancy of any building or structure or part thereof. 2) An occupancy permit shall only be issued when:

19 Bylaw 709, 2011 CONSOLIDATED Page 19 of 27 a) all letters of assurance have been submitted when required under the Building Code or this Bylaw; and b) all aspects of the work relating to occupancy requiring inspection and acceptance pursuant to section 22 have been inspected and accepted. 3) The Building Inspector may withhold an occupancy permit until the building, structure or part thereof complies with this Bylaw, the Building Code and any other applicable bylaws or enactments. 4) Where any of the requirements for life and fire safety have been deemed to be satisfied by an alternate solution pursuant to provisions of the Building Code, the owner shall submit to the Building Inspector, prior to use or occupancy of the building or structure, certification from the registered professional responsible for the equivalency, that the construction substantially complies with the requirements set out in the alternate solution report. 5) The Building Inspector may issue an approval for occupancy of a building, structure or part thereof when the building, structure or part thereof is self- contained, substantially complete with respect to the health and safety requirements of this Bylaw, the Building Code and other applicable bylaws and enactments, and the requirements of Section 23.2 have been satisfied. 6) The owner, developer or builder shall ensure that no unsafe condition exists or will exist resulting from work being undertaken or not completed. 7) The Building Inspector may revoke an approval for occupancy for failure to comply with any conditions of the approval. 24) ON-SITE SERVICES 1) On-Site services shall be designed and their construction carried out under the supervision of a Registered Professional. 2) A Registered Professional conducting a site service project shall complete required forms prior to issuance of the occupancy permit. 3) As a condition of the issuance of a building permit, the owner of the land shall provide works and off-site services in accordance with all municipal bylaws. 4) In the areas where the construction of a building is of a lower elevation than the District street adjoining the property, the building must be constructed so as to prevent any surface drainage from the streets, road, boulevard or District property to enter the carport, garage or any other area of the building or property that could be damaged by such surface drainage. 5) The owner shall obtain approval of the District for all access and egress driveway(s), sidewalk(s) and crossover(s) prior to obtaining a building permit.

20 Bylaw 709, 2011 CONSOLIDATED Page 20 of 27 6) Where it is proposed to conduct waste to a sanitary sewer or surface or roof water to a storm sewer, the owner or agent shall ensure that such service is of sufficient capacity to receive such discharge, and also arrange the connection to suit the location and the depth of the connection provided to the property by the District. 7) The owner, agent or contractor shall design and install required water meter(s) in accordance with District policies or bylaws, as amended from time to time. Installing a bypass to the water meter is prohibited. 8) The owner, agent or contractor shall extend the sewer cleanout and curb stop at property line to finished grade. 9) The installation of grease traps and interceptors shall in addition to the requirements of the Building Code be installed and maintained in accordance with District policies or bylaws, as amended from time to time. 25) CLIMATIC DATA 1) The climatic data for the design of buildings in the District of Lake Country shall be the data listed in the current edition of Division B Appendix C to the BC Building Code for Kelowna, British Columbia except: a) For elevations higher than 1,200 metres above sea level, the ground snow load shall be based on investigations made for that specific site. 26) RETAINING STRUCTURES 1) A registered professional shall undertake the design and conduct field reviews of the construction of a retaining structure greater than 1.5 meters in height. 2) Sealed copies of the design plans, Schedule B for both Structural and Geotechnical pursuant to the BC Building Code and field review reports prepared by the registered professional for all retaining structures greater than 1.5 meters in height shall be submitted to a Building Inspector prior to acceptance of the works. 3) If a Building Inspector determines that an unsafe condition exists as the result of the construction of a retaining wall requiring a building permit, a guard or fence may be required. 27) SWIMMING POOL FENCES 1) A fence or an equivalent barrier of not less than 1.07 metres (42 inches) in height shall be provided to prevent unauthorized access to a swimming pool. Where the access to the swimming pool is from a dwelling located on the same property as the swimming pool, the access may be directly from the dwelling. 2) Openings through the fence shall be equipped with a child resistant self-closing and selflatching gate.

21 Bylaw 709, 2011 CONSOLIDATED Page 21 of 27 3) Openings used for occasional entrance may be equipped with a locking gate. 4) All openings or gates in the fence or barrier shall be locked closed when not in use. 5) The fence or equivalent barrier referred to in Section 27(1) shall be of chain link type material, solid material with a flat vertical surface, or vertically oriented material. 6) All openings through such fence or barrier referred to in Section 27(1) shall have a size so as to prevent the passage of a spherical object 10 cm or greater in diameter. 7) A swimming pool which is located above ground and has vertical sides of at least 1.2 m may be protected from access by fencing the access ladder to limit access, with a child resistant self-closing and self-latching gate through the fence. 8) A swimming pool fence or equivalent temporary barrier shall be in place, inspected and approved prior to placing the water in a pool. 28) AWNINGS, CANOPIES or MARQUEES 1) Any awning, canopy, marquee projecting over public property shall: a) be designed by a registered professional; b) be supported entirely from the building to which it is attached; c) consist of non-combustible or protected combustible material; d) not project over a lane or roadway where a sidewalk or curb does not exist; e) be not less than 2.5 m above the sidewalk measured from the lowest point of the canopy to the highest average elevation of sloping or level sidewalks; or adjacent ground level as the case may be; f) be not less than 1 m away from the curb line of the sidewalk measured horizontally to an imaginary line extending vertically below the furthest projection of the canopy; and g) not interfere with standpipes, fire exits, traffic lights, traffic signs, traffic, pedestrians, utilities or city works. 2) Every owner of a canopy, marquee or awning which is installed, constructed or erected over public property shall enter into an agreement with the District in a form acceptable to the District to indemnify against and to save the District harmless for any and all liability resulting from injury to persons or damage to property which results from the presence, collapse or failure of the canopy, marquee or awning. 29) MANUFACTURED HOME PARKS, CAMPGROUNDS AND RV PARKS 1) Manufactured Home Parks including Modular Home Parks, Mobile home parks, campgrounds and recreational vehicle parks shall be designed and constructed in accordance with the requirements of all applicable District bylaws.

22 Bylaw 709, 2011 CONSOLIDATED Page 22 of 27 2) Manufactured Home Parks including Modular Home Parks, Mobile home parks, campgrounds and recreational vehicle parks with more than 10 pads or stalls shall be designed by and constructed under the supervision of a Registered Professional using best engineering practices. 3) Registered Professionals undertaking design and supervision for a mobile home park, campground or recreational vehicle park, shall complete all required submissions prior to issuance of the occupancy permit. 30) ENERGY EFFICIENT BUILDING REBATES 1) Any dwelling unit which achieves an Energuide Rating of 85 or higher will receive a refund of 5% of the building permit fees for the permit which authorised the construction. 2) Any dwelling unit which achieves an Energuide Rating of 90 or higher will receive a refund of 10% of the building permit fees for the permit which authorised the construction. 3) The refund will be calculated solely on the basis of permit fees, and not include refunds for any penalties, deposits, connection fees or additional fees charged by the District. 31) CONDITIONS TO MOVE A BUILDING 1) No person shall relocate a manufactured home, structure, building or part thereof into the District of Lake Country or from one property to another within the District of Lake Country unless the owner or agent has first obtained a building permit for that purpose as provided for in this bylaw. 2) The relocation of manufactured homes factory constructed and assembled more than 20 years prior to the date of permit application is prohibited. The year, make, model and serial number shall be determined by the CSA Rating Plate and/or the Province of BC Mobile Home Registry. 3) A person applying to relocate a manufactured home, structure, building or part thereof shall require a pre-move inspection by the Building inspector including a walk through survey to monitor the condition of the structure in relation to structural stability, life safety, fire safety and health requirements pursuant to the BC Building Code. 4) A Building inspector may require a report from an accredited restoration company or Registered Professional with experience in Environmental Engineering stating that there are no environmental issues or hazards regarding health and safety to the occupants prior to issuing a Building Permit to relocate a manufactured home, mobile home or other building. 5) Where a manufactured home or mobile home is less than 5 years old, the building evaluation may be waived by the Building inspector. 6) The owner shall upgrade the following items where applicable to meet current Building Code requirements when a manufactured home, mobile home or other building is relocated:

23 Bylaw 709, 2011 CONSOLIDATED Page 23 of 27 a) chimneys and fireplaces; b) any portions of the building in which failure is visibly evident without removing finishes; c) smoke alarms; carbon monoxide alarms and fire exit windows; d) plumbing; e) required stairs; f) cladding shall be required and installed in accordance with the appropriate requirements of the BC Building Code; g) the building shall be placed on a permanent foundation, excepting mobile homes which are not required to be placed on a permanent foundation. 7) The owner shall replace the following systems when a manufactured home, mobile home or other building is relocated if they are decayed, worn out or otherwise damaged during the relocation and moving process: a) roofing; b) exterior finish or portions of the exterior finish. 8) All construction including relocations, alterations and additions for relocated manufactured homes, mobile homes or other buildings shall be completed within 180 days of the date the permit was issued. 9) The Building Inspector may issue a permit for construction involved in the moving of any building, structure or part thereof into or within the District when the owner has: a) deposited with the District a security deposit in the sum of $10, in the form of cash or a letter of credit to insure that the building, structure or part thereof is moved onto the new parcel within the District and all construction is completed as required by this Bylaw within 180 days from the date of issuance of the permit; and b) Provided to the District: i. proof of public liability and property damage insurance in the all-inclusive limits of $5,000, to insure against damage or injury arising out of the moving of the building, structure or part thereof; ii. iii. cash or a letter of credit in the sum of $5, to pay for all damage to District property of every kind howsoever caused or occasioned by the moving of the building, structure or part thereof; written approval of the Chief of Police of the Lake Country Detachment of the R.C.M.P., approving the date, time, and route of moving the building, structure or part thereof; and

24 Bylaw 709, 2011 CONSOLIDATED Page 24 of 27 iv. a copy of the notice to the utility companies having overhead wires along the route, informing them of the date, time and route of moving the building, structure or part thereof. 10) If the owner does not move the building, structure or part thereof for which a permit is issued and complete construction within the time specified in Section 31(9), the Building Inspector may notify the owner in writing and direct the owner to complete that work within 30 days from the date of the notice. 11) If the work is not completed within the 30 days, the District or its agent may enter, clean and tidy the site at the expense of the owner and the costs shall be deducted from the security deposit; 12) If the building, structure or part thereof to be moved is located on a property in the District, then that property must be returned to a safe, clean and tidy condition within 120 days from the date of issuance of the permit. 32) DEMOLITION INSPECTION PERMIT REQUIREMENTS 1) The demolition of buildings and structures shall be in accordance with Part 8 of the BC Building Code Safety Measures at Construction and Demolition Sites. 2) The following items shall be required at demolition sites to the satisfaction of the Building Inspector: a) All construction material and debris, including concrete foundations and septic tanks are to be removed from the site; b) All services and utilities are to be disconnected at the property lines; c) The site shall be left in a clean and tidy condition within 90 days from the date of issuance of the Demolition Inspection Permit; d) Should demolition not have commenced by the 90 day expiry date the building inspector may at his or her discretion cancel the permit by written notification. There shall be no refund for the demolition inspection permit and where applicable the security deposit shall be returned; e) Any request to extend the 90 day time limit shall be received 30 days prior to the date of expiry. The request shall be in writing from the owner or their agent and approved in writing by the building inspector; f) Where required for industrial and commercial demolition sites the Environmental Management Act shall apply. 3) Security deposits for demolition inspection permits shall be required at the discretion of the Building Inspector based on the size, complexity and nature of the building or structure to be demolished and as follows: