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Local Government Act

[RSBC 1996] CHAPTER 323

Part 21 — Building Regulations

Division 1 — Building Code and Other Building Regulations

Provincial building code and regulations

692  (1) The minister may make regulations as follows:

(a) establishing a Provincial building code for British Columbia governing standards for the construction, alteration, repair or demolition of buildings;

(b) amending, adding to or varying for the purpose of this section the building code established under this section;

(c) adopting by reference, with the changes the minister considers necessary, all or part of any building code or standards for the construction, alteration, repair or demolition of buildings;

(d) regulating building generally for matters not included in the building code;

(e) exempting certain persons, buildings, classes of buildings, materials or areas either generally or for certain periods of time from the building code or regulations, and making other regulations for the persons, buildings, classes of buildings, materials or areas exempted;

(f) providing for the administration of the building code and other regulations under this section.

(2) Subject to the regulations under subsection (2.1), the building code and other regulations under subsection (1) apply to all municipalities and to regional districts or parts of them not inside a municipality, and have the same force and effect as a validly enacted bylaw of the municipality or regional district, as applicable.

(2.1) The minister may, by regulation, provide that all or part of the building code or other regulations under subsection (1) do not apply to a municipality or regional district or a part of a regional district not inside a municipality.

(3) [Repealed 2003-52-303.]

(4) Subject to an agreement described in subsection (5), the building code established under subsection (1) applies to the treaty lands of treaty first nations.

(5) If under the final agreement of a treaty first nation the government is required to negotiate and attempt to reach agreement with the treaty first nation enabling the treaty first nation to establish standards for buildings or structures that are different from or in addition to the standards established by the building code established under subsection (1), the minister, on behalf of the government, may enter into an agreement reached in the negotiation.

(6) The designated official may issue a directive respecting the building code or other regulations under subsection (1) that must be followed by a person to whom the building code or other regulations under subsection (1) apply.

(7) The designated official must make reasonable efforts to notify all persons affected by a directive.

(8) The minister may designate a person in the ministry of the minister as the designated official for the purposes of subsections (6) and (7).

(9) If there is a conflict between the building code or other regulations under subsection (1) and a directive, the building code or other regulations prevail.

Building Code Appeal Board

693  (1) The Building Code Appeal Board is continued consisting of the following members appointed by the minister after a merit based process:

(a) one member designated as the chair;

(b) other members appointed after consultation with the chair.

(2) and (3) [Repealed 2003-47-39.]

(4) A majority of the appeal board is a quorum.

(5) [Repealed 2003-47-39.]

(6) If a dispute arises on the interpretation or application of the codes referred to in section 692, a party to the dispute may refer the question to the appeal board for determination.

(7) The appeal board must determine any question of interpretation or application of the codes referred to in section 692.

(8) The decision of the appeal board is final and binding.

(9) Sections 1 to 8 and 10 of the Administrative Tribunals Act apply to the appeal board.

(10) In subsections (11) and (12), "decision maker" includes a member of the appeal board or other officer who makes a decision in an application or a person who conducts a dispute resolution process in relation to an application.

(11) Subject to subsection (12), no legal proceeding for damages lies or may be commenced or maintained against a decision maker or the appeal board in a matter before the appeal board because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(12) Subsection (11) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Division 2 — Regional District Building Regulations

Restrictions on authority

693.1  (1) This Division applies only to a regional district that provides a service referred to in section 797.1 (1) (a) [building inspection].

(2) As a further restriction, section 9 [spheres of concurrent authority] of the Community Charter applies in relation to a regional district bylaw under this Part respecting matters referred to in subsection (1) (d) [building regulation] of that section.

Regional district building regulations

694  (0.1) [Repealed 2008-23-12.]

(1) Subject to the Public Health Act, the Drinking Water Protection Act, the Fire Services Act and the regulations under those Acts, a board may, for the purposes described in subsection (1.1), by bylaw, do one or more of the following:

(a) regulate the construction, alteration, repair or demolition of buildings and other structures;

(b) regulate the installation, alteration or repair of plumbing including septic tanks and sewer connections, heating, air conditioning, electrical wiring and equipment, gas or oil piping and fittings, appliances and accessories of every kind;

(c) require contractors, owners or other persons to obtain and hold a valid permit from the board, or the authorized official, before starting and during the construction, installation, repair or alteration of gas or oil pipes and fittings, plumbing, heating, sewers, septic tanks, drains, electrical wiring, oil burners, tanks, pumps and similar works and buildings and other structures of the kind, description or value described in the bylaw;

(d) require that, before occupancy of a building or part of it after construction, wrecking or alteration, or a change in class of occupancy of a building or part of it, an occupancy permit be obtained from the board or the authorized official;

(e) prescribe conditions generally governing the issue and validity of permits, inspection of works, buildings and other structures;

(f) establish areas to be known as fire limits and, for those areas,

(i)   regulate the construction of buildings in respect of precautions against fire, and

(ii)   discriminate and differentiate between areas in the character of the buildings permitted;

(g) regulate the seating arrangements and capacity of churches, theatres, halls and other places of public amusement or resort;

(h) regulate or prohibit the moving of a building from one property to another in the regional district;

(i) require the fencing of private swimming pools or other pools, existing or prospective, according to specifications set out in the bylaw;

(j) regulate the construction and layout of trailer courts, manufactured home parks and camping grounds and require that those courts, parks and grounds provide facilities specified in the bylaw;

(k) provide that a trailer or manufactured home must not be occupied as a residence or an office unless its construction and facilities meet the standards specified in the bylaw;

(l) require the installation of smoke alarms in existing buildings and other structures and, in relation to this, establish standards and specifications for required smoke alarms and their installation, to the extent that the requirements of the bylaw do not exceed those established by the Provincial building regulations;

(m) require the maintenance of smoke alarms installed as required by the Provincial building regulations or by bylaw under paragraph (l) and, in relation to this, establish standards for their maintenance;

(n) require the maintenance of "rental units" and "residential property", as defined in the Residential Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations;

(n.1) require the maintenance of "manufactured homes", "manufactured home sites" and "manufactured home parks", as defined in the Manufactured Home Park Tenancy Act, that are subject to a "tenancy agreement" as defined in that Act, in accordance with the standards specified in the bylaw, to the extent that the standards do not exceed those established by the Provincial building regulations.

(1.1) A board may exercise the powers conferred by subsection (1) for the following purposes:

(a) the provision of access to a building or other structure, or to part of a building or other structure, for a person with disabilities;

(b) the conservation of energy or water;

(c) the reduction of greenhouse gas emissions;

(d) the health, safety or protection of persons or property.

(2) If requested by an applicant, the building inspector must give written reasons for his or her refusal to issue a building permit required under this section.

(3) An occupancy permit required under subsection (1) (d) may be withheld until the building or part of it complies with the following:

(a) the Provincial building regulations;

(b) bylaws under this section;

(c) any other health and safety requirements established by bylaw;

(d) any other federal or Provincial enactment in relation to health or safety.

Requirement for security

694.1  (1) This section applies if, under section 796.2 (3) [permit, licensing and approval authority], a board or an official authorized by the board requires a person to provide security as a condition of issuing a permit or authorizing the moving of a building under section 694.

(2) The person who is subject to the requirement may, at that person's option, provide the security by

(a) a cash deposit,

(b) an irrevocable letter of credit, or

(c) another form of security satisfactory to the board or the person who imposed the requirement for security.

(3) Interest on the security becomes part of the security.

(4) The security may be used by the regional district only to repair or replace

(a) a highway, including sidewalks and boulevards,

(b) a public work, or

(c) other regional district property

that has been altered or damaged by an activity related to the subject matter of the permit or authorization.

(5) Any amount of the security that is not required for a purpose referred to in subsection (4) must be returned to the person who provided it.

Application of Community Charter provisions

695  The following provisions of the Community Charter apply to regional districts:

section 55 [requirement for professional certification];

section 56 [requirement for geotechnical report];

section 57 [note against land title that building regulations contravened];

section 58 [cancellation of note against land title].

Regulating doors and emergency exits

696  (1) Subject to the Fire Services Act and the regulations under that Act, a board may, by bylaw, compel the provision of and regulate the location, number, style and size of doors and emergency exits in churches, theatres, halls or other places of public resort or amusement, and the posting in them of notices of the emergency exits.

(2) A bylaw under subsection (1) must provide that

(a) all doors in churches, theatres, halls and other places of public resort or amusement must be hinged so that they may open freely outwards, and

(b) all gates or outer fences if not hinged as referred to in paragraph (a), must be kept open by proper fastenings during the time the buildings are publicly used to facilitate the exit of people in case of alarm from fire or other cause.

(3) Congregations having corporate powers, trustees holding churches or buildings used for churches, and incumbents and church wardens holding or using churches or buildings used for churches, are severally liable for the acts and omissions of any society or congregation on the matters referred to in subsections (1) and (2).

(4) A person owning or possessing a church, theatre, hall, school or other building used for public meetings, or as a place of public resort or amusement, who contravenes this section or a bylaw adopted under it is liable on conviction to a penalty not greater than $50.

(5) A convicted person is liable on conviction to a further penalty of $5 for every further week during which the violation continues.

(6) A penalty under subsection (4) or (5) is a charge on the real property of the person convicted, and may be imposed, collected and recovered in the manner provided for taxes.

Municipality may adopt national codes

697  (1) To the extent not inconsistent with this Act, either in place of or supplementary to regulations made under this Division, a board may, by bylaw, adopt one or more of the following as regulations:

(a) subject to the Electrical Energy Inspection Act, all or part of the Canadian Electrical Code;

(b) subject to the Gas Safety Act, all or part of the standards of the Canadian Gas Association;

(c) subject to the Fire Services Act, all or part of the National Fire Code of Canada.

(2) A code, standard or part referred to in subsection (1) may be adopted by reference to a particular date of issue or a specified issue of the code or standard.

Division 3 — Hazardous Conditions

Remedial authority in relation to hazardous conditions

698  (1) Division 12 [Remedial Action Requirements] of Part 3 of the Community Charter applies to regional districts in relation to matters referred to in section 73 (1) (a) and (b) [structures, excavations and similar matters or things that are unsafe or contravene building bylaws] of that Act.

(2) In relation to section 73 (2) (b) [matter contravening Provincial building regulations or bylaws] of the Community Charter as it applies under subsection (1), the reference to a bylaw is to be read as a bylaw under Division 2 of this Part.

(3) In relation to sections 77 (3) (b) [remedial action after date specified for compliance] and 80 (4) and (5) [recovery of municipal costs through sale of property — distribution of proceeds] of the Community Charter as they apply under subsection (1), a reference to section 17 of that Act is to be read as a reference to section 269 of this Act.

Repealed

699–701  [Repealed 2003-52-312.]

Contents  |  1  |  1.1  |  2  |  3  |  4  |  5  |  5.1  |  5.2  |  6  |  7  |  8  |  9  |  10  |  10.1  |  11  |  12  |  13  |  14  |  15  |  16  |  17  |  18  |  19  |  20  |  21  |  22  |  23  |  24  |  25  |  26  |  27  |  28  |  29  |  30