Division C
Administrative Provisions
Part 1 — General
Section 1.5. 
Authority of the Chief Building Official
1.5.1. Administration
1.5.1.1. Administrator
1) The Chief Building Official is authorized to administer this By-law.
1.5.1.2. Filing Documents
1) The Chief Building Official is authorized to keep copies of applications received, permits and orders issued, inspections and tests made and papers and documents connected with the administration of this By-law, for such time as is required by law.
2) Despite the provisions of Sentence (1), the Chief Building Official is authorized to keep copies of applications received, permits and orders issued, inspections and tests made and papers and documents connected with the administration of this By-law, for such time as is necessary, in the opinion
of the Chief Building Official, to support the administration of this By-law.
1.5.1.3. Inspection of Records
1) The Chief Building Official is authorized to provide plans and documents filed pursuant to the provisions of this By-law for inspection, subject to the provisions of the Freedom of Information
and Protection of Privacy Act.
1.5.1.4. Fees for Inspection of Records
1) The Chief Building Official shall charge a fee as set out in the Fee Schedule, payable in advance, for the inspection of records referred to in Article 1.5.1.3.
1.5.2. Authorities
1.5.2.1. Power of Entry
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 immediately if there is reason to believe an unsafe condition exists. (See Appendix A.)
1.5.2.2. Review of Value of Work
1) The Chief Building Official may review the value of the proposed work in an application for a permit and may substitute a different value, in accordance with Articles 1.6.2.3. and 1.6.2.4. , for the purpose of determining applicable permit fees.
1.5.2.3. Construction Safety
1) The Chief Building Official may review a Construction Safety Plan and may require that the Construction Safety Plan be changed or amended.
1.5.2.4. Permit Issuance
1) The Chief Building Official shall issue a permit when the applicable requirements of this By-law have been met.
1.5.2.5. Permit Refusal
1) The Chief Building Official may refuse to issue a permit
a) if plans or supporting documents are incomplete or do not comply with the provisions of this By-law,
b) if plans or supporting documents contain false or incorrect information, or
c) for any building, construction, work or occupancy that would not be permitted by this By-law or by another enactment.
2) The Chief Building Official shall provide reasons for the refusal to issue a permit, on the request of an applicant or owner.
1.5.2.6. Permit with Incomplete Application
1) The Chief Building Official may issue a permit for a building based on an incomplete application if the incomplete information is of a secondary nature and is unavailable at the time of permit issuance.
2) If the Chief Building Official issues a permit pursuant to Sentence (1) the Chief Building Official may impose conditions requiring submission of further information by a specified date.
3) The Chief Building Official may suspend or revoke a permit issued pursuant to Sentence (1), if the holder of the permit fails to comply with the conditions imposed by the Chief Building Official. (See Appendix A.)
1.5.2.7. Conditions on Permits
1) The Chief Building Official may impose conditions on permits including, but not limited to, conditions regarding
a) notifications and notices,
b) safety,
c) health,
d) design requirements,
e) construction requirements,
f) timing of construction,
g) deadlines for completion of construction,
h) reviews and inspections,
j) compliance with this By-law and other enactments,
k) use and occupancy, and
l) temporary buildings and occupancies.
1.5.2.8. Permits for Existing Buildings
1) The Chief Building Official may issue a permit for an existing building in accordance with the provisions of Part 11, Division B, Book I and may impose conditions on the permit.
2) The Chief Building Official may permit an alternative solution to the alternative acceptable solutions provided in this By-law for the conversion of an existing building if
a) the owner demonstrates, to the satisfaction of the Chief Building Official, that the level of upgrade required presents an extraordinary hardship for the owner, and
b) the owner proposes an alternative solution which achieves the objectives of the alternative
acceptable solutions prescribed by this By-law, to the satisfaction of the Chief Building Official.
1.5.2.9. Combustible Construction for Minor Repairs in Existing Buildings
1) If additions and new work are required to be noncombustible construction pursuant to Subsection 3.2.2. of Division B, the Chief Building Official may permit minor repairs to existing floor or wall assemblies to be combustible construction provided
a) the minor repair of the floor assembly does not exceed 5 per cent of the floor area of the room in which it is located, and
b) the minor repair of the wall assembly does not exceed 5 per cent of the wall area of the wall plane on which it is located.
1.5.2.10. Permits for Plumbing and Sprinkler Systems
1) The Chief Building Official may issue a permit for a plumbing system or sprinkler system in accordance with the provisions of Subsection 1.6.3.
1.5.2.11. Permits in Designated Flood Plain
1) If a building is located on a designated flood plain the Chief Building Official may
a) require plans and supporting documents to demonstrate that the elevation or design of the buildings incorporates flood construction level requirements intended to reduce the risk of flood damage,
b) require that a covenant acknowledging the risk of flood damage be registered against
the land, and
c) withhold issuance of a permit until the requirements of the Chief Building Official have been satisfied.
2) The Chief Building Official may increase the flood construction level requirements or the setback requirements as provided in Article 2.2.9.5.
3) The Chief Building Official may relax the flood construction level requirements or the setback requirements in this By-law as provided in Article 2.2.9.6.
1.5.2.12. Permit for Staged Construction
1) Where a permit for staged construction is applied for pursuant to Subsection 1.6.5., the Chief Building Official may authorize the excavation or construction of a portion of a building, and may impose conditions to ensure compliance with this By-law, before all the plans and supporting documents for the building have been accepted, at the risk of the owner.
2) The Chief Building Official may suspend or revoke a permit issued pursuant to Subsection 1.6.5. if the holder of the permit fails to comply with the conditions imposed by the Chief Building Official. (See Appendix A.)
1.5.2.13. Minor Revisions to Permit
1) The Chief Building Official may accept an application for minor revisions to an existing permit if the proposed revisions do not add or delete additional storeys or major occupancy classifications to or from the project.
1.5.2.14. Requirement for New Permit
1) The Chief Building Official may require that an applicant for revisions to an existing permit apply for a new permit, if the proposed revisions would add or delete floor area, storeys, dwelling units or major occupancy classifications to or from the project.
1.5.2.15. Permit Suspension
1) The Chief Building Official may suspend a permit by issuing an order to stop work.
1.5.2.16. Permit Revocation
1) The Chief Building Official may revoke a permit 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.
1.5.2.17. Permit Extension
1) The Chief Building Official may extend a permit in accordance with Subsection 1.6.7. of this Part.
1.5.2.18. Designation of Street Addresses
1) The Chief Building Official may, at any time, number, renumber or assign a series of numbers or suite numbers to any building, or part thereof.
2) Upon the issuance of a building permit, the Chief Building Official shall designate the street address or series of suite numbers required for the building, or any portion of the building.
3) Upon registration of a parcel of land in the Land Title Office, the Chief Building Official shall designate the street address or series of numbers required for the parcel.
1.5.2.19. Renumbering of Street Addresses
1) Where an owner has requested a renumbering and has paid the applicable fees set out in the Fee Schedule, the Chief Building Official may renumber any building or suite within a building, or parcel of land.
1.5.2.20. Proof of Compliance
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, in the opinion of the Chief Building Official, to determine whether the material, equipment, device, construction, structural assembly or foundation condition complies with this By-law.
1.5.2.21. Occupancy Permit for Building at Variance with By-law
1) The Chief Building Official may issue an occupancy permit for a building which varies 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 interfere with the objectives of this By-law.
1.5.2.22. Occupancy Permit Prior to Completion
1) The Chief Building Official may issue an occupancy permit 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.
2) The Chief Building Official may impose conditions on an occupancy permit issued in accordance with Sentence (1).
1.5.3. Authorities Regarding Unsafe Conditions
1.5.3.1. Report of Failure
1) Where any building, construction or excavation 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 which includes
a) the name and address of the owner,
b) the address or location of the building, demolition or excavation,
c) the name and address of the constructor,
d) the nature of the failure,
e) the cause of the failure,
f) a remedial plan to correct the failure, and
g) a plan to prevent future failure.
1.5.3.2. Hazardous Material
1) The Chief Building Official may require that any person supervising or doing work to install or remove building materials provide evidence of their training, certification or qualifications, if the installation or removal of building materials may create an unsafe condition or affect the structural safety or fire protection of a building.
1.5.3.3. Order to Remove Unsafe Condition
1) When any building, construction or excavation or part thereof is in an unsafe condition, the Chief Building Official may issue a written order to the owner, certifying the existence of an unsafe condition and requiring correction of any unsafe condition found on a building site, within a specified time.
1.5.3.4. Corrective Measures
1) If the Chief Building Official has issued an order in accordance with Article 1.5.3.3. and an owner has failed to comply with that order, the Chief Building Official may
a) authorize demolition, removal, posting of security guards or fire wardens, or enclosure of a building, construction, excavation or part thereof, at the expense of the owner,
b) recover such expense in the manner set out in Article 1.5.3.6., and
c) take such other measures as may be necessary to protect the public.
1.5.3.5. Immediate Measures
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.
1.5.3.6. Recovery of City Costs
1) The cost of the measures described in Articles 1.5.3.4. and 1.5.3.5. shall be recoverable from the owner
a) in any Court of competent jurisdiction, or
b) by entry of such cost in the real property roll with respect to the property and by collection in the same manner as the taxes shown in the real property roll.
1.5.4. Notices and Orders
1.5.4.1. Notices or Orders
1) The Chief Building Official may issue in writing such notices or orders as may be necessary to inform the owner of a contravention of this By-law, in the manner set out in this By-law.
1.5.4.2. Delivery of Order
1) The Chief Building Official may order
a) a person to comply with the provision within a specified time,
b) a person to allow the Chief Building Official to enter any building or premises at any reasonable time for the purpose of administering and enforcing this By-law,
c) work to stop on a building or any part thereof, if such work is proceeding in contravention of a provision of this By-law or another enactment, or if there is deemed to be an unsafe condition,
d) the removal of an unauthorized encroachment on public property,
e) the removal of any building or part thereof constructed in contravention of a provision of this By-law,
f) the cessation of any occupancy in contravention of a provision of this By-law,
g) the cessation of any occupancy if an unsafe condition exists, and
h) the correction of an unsafe condition.
1.5.4.3. Contents of Notice
1) A notice shall state the nature of any contravention and specify the date or the phase
of construction by which remedial measures must be completed.
1.5.4.4. Delivery of Notice
1) A notice may be posted on a building, and may be delivered by regular mail or by hand to the person listed as the owner in the records of the Assessment Authority of British Columbia or to a representative of the owner.
1.5.4.5. Contents of Order
1) An order shall specify any contraventions of this By-law or any unsafe condition and may require demolition, removal, or compliance with this By-law, by a specified phase of construction, or within a specified time after the date of mailing or posting the order.
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 may order the immediate suspension of construction or of occupancy and the rectification of the contravention or unsafe condition.
1.5.4.6. Delivery of Order
1) The Chief Building Official may deliver an order
a) by mailing the order by registered mail and by regular mail to the owner at the owner’s address as it appears on the records of the Assessment Authority of British Columbia, and posting the order on the premises which are the subject of the order,
b) by sending the order by electronic mail to the electronic mail address of the owner or a representative of the owner, or
