1) The Chief Building Official, and any person authorized to act on behalf of the Chief Building Official, may enter any building or premises at any reasonable time for the purpose of administering or enforcing this By-law, or if there is reason to believe an unsafe condition exists. [See Appendix A.]
1) The Chief Building Official may order, in the manner set out in Section 1A.6.3.,
a)a person who contravenes any provision of this By-law, to comply with the provision within the time period specified,
b)work to stop on the building or any part thereof, if such work is proceeding in contravention of a provision of this By-law, or if there is deemed to be an unsafe condition,
c)the removal of an unauthorized encroachment on public property,
d)the removal of any building or part thereof constructed in contravention of a provision of this By-law,
e)the cessation of any occupancy in contravention of a provision of this By-law,
f)the cessation of any occupancy if an unsafe condition exists, and
g)the correction of an unsafe condition. [See Appendix A.]
1) The Chief Building Official may direct that tests of materials, equipment, devices, construction methods, structural assemblies or foundations be made, or sufficient evidence or proof be submitted at the expense of the owner, where such evidence or proof is necessary to determine whether the material, equipment, device, construction or foundation condition complies with this By-law.
1) Despite a building or occupancy not being in complete compliance with this By-law, the Chief Building Official may issue a permit if, in the opinion of the Chief Building Official, it is warranted, in which case the permit may be issued subject to conditions.
1) The Chief Building Official may issue occupancy permits for buildings which vary in a minor respect from the requirements of this By-law if, in the opinion of the Chief Building Official, such variation will not substantially lessen the objectives thereof.
1) Before all the plans of the building have been accepted, the Chief Building Official may issue a permit to excavate or to construct a portion of a building at the risk of the owner with, if necessary, conditions to ensure compliance with this By-law. [See Appendix A.]
1) The Chief Building Official may issue a permit for the whole building conditional upon the submission, at an acceptable time, of additional information not available at the time of issue, if such information is of secondary importance and is of such nature that the withholding of the permit until its availability would delay the work unreasonably, with the understanding that if such information is not available at the accepted time the work will be stopped. [See Appendix A.]
1) The Chief Building Official may refuse to issue any permit
a)whenever information submitted is inadequate to determine compliance with the provisions of this By-law,
b)whenever incorrect information is submitted,
c)that would authorize any building work or occupancy that would not be permitted by this By-law, or
d)that would be prohibited by any other regulation.
2) An applicant or owner, who requests, shall be provided with the reasons for a refusal to grant a permit by the Chief Building Official.
1) In lands situated in the area of a designated flood plain the Chief Building Official may
a)withhold the issuance of a building permit until the Chief Building Official is satisfied that the elevation or design of the building incorporates flood construction standards intended to reduce the risk of flood damage, and
b)require that a covenant acknowledging the risk of flood damage be registered against the land.
1) The Chief Building Official may revoke a permit after written notice is given to the permit holder if
a)there is a contravention of any condition under which the permit was issued,
b)the permit was issued in error, or
c)the permit was issued on the basis of false or incorrect information.
1) The Chief Building Official may place a value on the work in accordance with Articles 1A.7.2.3. and 1A.7.2.4. for the purpose of determining permit fees to be applicable.
1) The Chief Building Official may issue an occupancy permit, subject to compliance with provisions to safeguard persons in or about the premises, to allow the occupancy of a building or a part thereof for the approved use, prior to commencement or completion of the construction or demolition work.
1) Before issuing an occupancy permit, the Chief Building Official may require the owner to provide letters of assurance, in accordance with Article 1A.8.4.1., stating that this By-law has been complied with and the necessary permits have been obtained and amended where necessary.
1) Where the installation or removal of a building material may, in the opinion of the Chief Building Official, create an unsafe condition or be hazardous to health, structural safety or protection from fire, the Chief Building Official may require that the work be done by or under the supervision of a person qualified to handle the building material.
1) Where any failure occurs which causes or has the potential to cause injury or loss of life, the Chief Building Official may require the owner to submit a report stating
a)the name and address of the owner of the building,
b)the address or location of the building involved in the failure,
c)the name and address of the constructor, and
d)the nature of the failure.
1) When any building, construction or excavation or part thereof is in an unsafe condition as a result of being open or unguarded, or because of danger from fire or risk of accident because of its ruinous or dilapidated state, faulty construction, abandonment or because of any other thing, event or happening that constitutes an unsafe condition, and when notice to correct such condition has been given in the manner set out in Subsection 1A.6.3. but has not been complied with, the Chief Building Official may
a)demolish, remove, guard or enclose such building, construction, excavation or part thereof at the expense of the owner and may recover such expense in the manner set out in Article 1A.6.2.4., and
b)take such other measures the Chief Building Official considers necessary to protect the public.
2) The Chief Building Official may issue a written order or notice to the owner, as set out in Subsection 1A.6.3., to correct any unsafe condition found on any building site.
1) When immediate measures must be taken to avoid an imminent danger or risk of accident, the Chief Building Official may take such action as is appropriate, without prior notice and at the expense of the owner. [See Appendix A.]
1) For the purpose of carrying out action specified in Articles 1A.6.2.1. and 1A.6.2.2. the Chief Building Official will make all reasonable attempts to notify the owner prior to the action.
2) Where the seriousness of the situation will not allow sufficient time for prior notification, a letter of notification of action shall nevertheless be mailed to the owner as shown in the records of the Assessment Authority of British Columbia.
1) The cost of the measures described in Articles 1A.6.2.1. and 1A.6.2.2. shall be recoverable from the owner
a)by summary process at law in any Court of competent jurisdiction, or
b)when recommended by the Chief Building Official and if certified by the Director of Finance, an entry by the city Tax Collector in the real-property tax roll next prepared after the receipt of such certificate, and collection in the same manner as the taxes shown in the said roll.
1) Notices or orders pursuant to this By-law shall comply with this Section.
1) A notice shall state the nature of the contravention or deficiency and the date or phase of construction before which remedial measures shall be completed.
1) A notice may be served upon the person listed as the owner in the records of the Assessment Authority of British Columbia by regular mail or in person.
1) An order specifying a contravention of this By-law shall state that the building, structure or thing shall, prior to a specified phase of construction or within a specified period of time after the date of mailing or posting the order, be demolished, removed or brought to a standard specified by this By-law.
2) Despite Sentence (1), an order to stop work, board up or cease occupancy shall state the nature of the contravention or unsafe condition, and shall order the immediate suspension of all or any portion of such construction or occupancy and rectification of the unsafe condition or both.
1) An order shall be sufficiently served if mailed by registered mail to the owner at the owner's address as it appears on the records of the Assessment Authority of British Columbia, and by posting a copy of said order on the said building, structure or thing.
1) No person shall, unless authorized by the Chief Building Official, reverse, alter, deface, cover, remove or in any way tamper with any notice or order posted upon or affixed to any building pursuant to any provision of this By-law.