Division A
Compliance, Objectives and Functional Statements

Part 1 — Compliance

Section 1.1. General

1.1.1. Application of this By-law Application of this By-law

1) This By-law applies to any one or more of the following:

a)the design and construction of a new building,

b)the occupancy of any building,

c)the change in occupancy of any building,

d)an alteration of any building,

e)an addition to any building,

f)the demolition of any building,

g)the reconstruction of any building that has been damaged by fire, earthquake or other cause,

h)the correction of an unsafe condition in or about any building,

i)all parts of any building affected by a change in occupancy,

j)the work necessary to ensure safety in parts of a building

i)that remain after a demolition,

ii)that are affected by, but that are not directly involved in alterations, or

iii)that are affected by, but not directly involved in additions,

k)the installation, replacement, or alteration of materials or equipment regulated by this By-law,

l)the work necessary to ensure safety in a relocated or removed building during and after relocation or removal,

m)safety during construction of a building, including protection of the public,

n)the design, installation, extension, alteration, renewal or repair of plumbing systems, and

o)the alteration, rehabilitation and change of occupancy of heritage buildings.

2) This By-law does not apply to:

a)sewage, water, electrical, telephone, rail or similar public infrastructure systems located in a street or a public transit right of way,

b)utility towers and poles, television and radio or other communication aerials and towers, except for loads resulting from those located on or attached to buildings,

c)mechanical or other equipment and appliances not specifically regulated in these regulations,

d)flood control and hydro electric dams and structures,

e)accessory buildings less than 10 m2 in building area that do not create a hazard,

f)temporary buildings such as construction site offices, seasonal storage buildings, [ . . . ] emergency facilities, and such similar structures as authorized by the Chief Building Official,

g)factory built housing and components certified by a Standards Council of Canada accredited agency, prior to placement on the site, as complying with Canadian Standards Association Standard A277, “Procedure for Certification of Factory Built Houses,” or CAN/CSA-Z240 MH Series, “Mobile Homes,” but this exemption does not extend to on site preparations (foundations, basements, mountings), interconnection of modules, connection to services and installation of appliances,

h)those areas that are specifically exempted from provincial building regulations or by federal statutes or regulations, and

i)existing one-family dwellings which are located on a parcel which is the subject of an application to subdivide into strata lots, provided that

i)the minimum distance between the existing one-family dwelling and any of the proposed new strata title boundaries complies with the applicable spatial separation requirements in Part 3 or 9 of Division B, and

ii)existing one-family dwelling is not renovated or changed to any other use.

3) This By-law applies both to site-assembled and factory-built buildings. (See Appendix A.)

4) Except as permitted in Sentence (5), this By-law applies to the alteration, rehabilitation and change of occupancy of heritage buildings. [See Articles and of Division B ]

5) Alternative compliance methods for heritage buildings in Subsection 10.4.1. of Division B can be substituted for the requirements contained elsewhere in this By-law. Application to Existing Buildings

1) Where a building is altered, rehabilitated, renovated or repaired, or there is a change in occupancy, the building shall be upgraded in accordance with Part 10 of Division B. (See Appendix A.) Responsibility of Owner

1) Neither the granting of a building permit nor the approval of the relevant drawings and specifications nor inspections made by the Chief Building Official shall in any way relieve the owner of such building from full responsibility for carrying out the work or having the work carried out in full accordance with the requirements of this By-law.