The Corporation of Delta COUNCIL REPORT Regular Meeting E.01 To: Mayor and Council File No.: 12050-20 Building Regulations From: Community Planning and Development Bylaw No.: 7524,7533 & 7545 Department Date: March 15, 2016 Amendments to Delta Building/Plumbing Bylaw No. 6060, Municipal Ticketing Information Bylaw No. 6639 and Delta Bylaw Notice Enforcement Bylaw No. 7009 The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATION: THAT first, second and third readings be given to Bylaw No. 7524, Bylaw No. 7533 and Bylaw No. 7545. II PURPOSE: The purpose of this report is to bring forward Bylaw No. 7524 (Attachment A), Bylaw No. 7533 (Attachment B) and Bylaw No. 7545 (Attachment C) for Council's consideration of first, second and third readings. Bylaws No. 7524, 7533 and 7545 contain housekeeping amendments to address public complaints with enforcement of the existing regulations. BACKGROUND: In administering the "Delta Building/Plumbing Bylaw No. 6060, 2002", staff has identified areas within the bylaw that can be adjusted to better serve the community. The areas are generally with regard to current process and the scope to which the definition of complex buildings is applied. DISCUSSION: Definition of Building Official: Of late, Bylaw Enforcement Officers or Bylaw Inspectors have visited properties within the community as a result of a complaint being filed regarding construction. Bylaw Enforcement Officers are unable to issue fines or enforce the Building/Plumbing Bylaw as these positions are not defined within the bylaw. Therefore, the complaint is referred to a Building Inspector who acquaints themselves to the bylaw file and issues the notice or fine. The process is not efficient and as such, staff requests the authority of Council to add "Bylaw Enforcement Officers or Bylaw Inspectors" to the definition of a "Building
Page 2 of 3 Amendments to Delta Building/Plumbing Bylaw, Municipal Ticketing Information Bylaw and Delta Bylaw Notice Enforcement Bylaw 12050-20 Building Regulations March 15, 2016 Official". This proposed amendment would provide authority for the Community Planning & Development Department and Property Use & Compliance Division to enforce Delta's Building/Plumbing Bylaw. Definition of Complex Building: The BC Building Code defines Part 3, 4, 5, and 6 type buildings as complex buildings which is inconsistent to how The Corporation of Delta defines complex buildings. This leads to confusion in the architectural and construction communities when calling for inspections or making an application. The proposed changes to the bylaws would: (1) provide consistency between the BC Building Code and Delta's Building/Plumbing Bylaw as it pertains to the definition of complex buildings; (2) provide better transparency and clarity to the public and building community; and (3) improve efficiency of process. Application for Building Permits: The Corporation has received applications for renovations t6 buildings that have outstanding deficiencies or issues where an occupancy permit has not been granted for a previously issued building permit. Staff is requesting a tool to encourage property owners to complete old permits for renovations or new construction before further construction is permitted. Staff recommend that Section 5 of Delta's Building/Plumbing Bylaw be amended to not allow an applicant to submit an application for building or plumbing permit when construction has commenced under a previous permit but has not passed a final inspection. Stop Work Orders: In 2015, staff encountered numerous occasions when a Stop Work Order was posted on a property but was disregarded by the recipient(s) and construction would still continue in contravention of the Stop Work Order. Staff is requesting a more effective tool to enforce the serious nature of continuing work after a Stop Work Order has been posted on a property. As such, the proposed changes to the bylaws would provide the authority for The Corporation of Delta to issue a $250 fine for each occurrence of work continuing in contravention of a Stop Work Order. Implications: Financial Implications - There are no financial implications associated with this report. CONCLUSION: Council's approval of the proposed bylaw amendments would assist the community in obtaining permits more efficiently, address concerns raised by the public regarding the process of obtaining a permit and provide Delta with enhanced tools to mitigate contravention of Stop Work Orders.
Page 3 of 3 Amendments to Delta Building/Plumbing Bylaw, Municipal Ticketing Information Bylaw and Delta Bylaw Notice Enforcement Bylaw 12050-20 Building Regulations March 15, 2016 Therefore, it is recommended that Bylaws No. 7524, 7533 and 7545 be given first, second and third readings. Jeff Day, P. Eng. Director of Community Planning and Development Department submission prepared by: Greg Scott, P. Eng. LEED A. P. Deputy Director of Development GS Th' IS repor th as b een prepare d In ' consu It a t" Ion WI 'th th e f 0 II owing r IS t e d d epar men. Concurring Department Department Name Signature - Property Use & Compliance Hugh Davies ~ ATTACHMENTS : A. Bylaw No. 7524 B. Bylaw No. 7533 C. Bylaw No. 7545 (;'\('111 (Gnt I lev, h)!.'1 nentl I CI 'I) I [)(]. ;y~;t, I!II " J I I,ll J i~ '(I'd, 111l1I' \ I )(,',U '0 HlidlilllLj kl.]ld'hiijii~ ' 111(1 I~' IIt~s\I3YI (I,VV GOGDlREPllH r nu3 COlJl\jl;1I l::iyldw 1I0l,U :111 I lib.j'!,111)11,<"",(11111.'11 r','i'oi 1/,I> I') 1(, \1 ).dc)( x VW'lirH)',day Ivlalch I(), 2() 1 (), 90906 AM
THE CORPORATION OF DELTA Attachment A Page 1 of 2 BYLAW NO. 7524 A Bylaw to amend the "Delta Building/Plumbing Bylaw No. 6060, 2002" The Municipal Council of The Corporation of Delta in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as "Delta Building/Plumbing Bylaw No. 6060, 2002 Amendment (updates) Bylaw No. 7524, 2016". 2. "Delta Building/Plumbing Bylaw No. 6060, 2002", as amended, is hereby further amended as follows: (a) By amending SECTION 1 - General, 1.1 DEFINITIONS by deleting the text from the definition of Building Official and replacing it with the following: includes a person or persons designated by The Corporation of Delta as a Building Inspector, Plumbing Inspector, Plan Checker, Bylaw Enforcement Officer or Bylaw Inspector, and includes the supervisors for these positions. (b) By amending SECTION 1 - General, 1.1 DEFINITIONS by deleting the text from the definition of complex building and replacing it with the following: means 111 all buildings defined as Part 3, 4, 5, and 6 in the BC Building Code; and all farm buildings exceeding 400 square metres in building area that: are not of low human occupancy as defined by the Farm Code.
Bylaw No. 7524-2 - Attachment A Page 2 of 2 (c) By amending SECTION 5 - APPLICATIONS by adding: 5.7 An application for a building or plumbing permit shall not be accepted when a permit has been issued in the past on the property for which a new permit is sought, when construction has commenced under the authorization of a permit but an occupancy permit has not been issued. READ A FIRST time the READ A SECOND time the READ A THIRD time the FINALLY CONSIDERED AND ADOPTED the Lois E. Jackson Mayor Robyn Anderson Municipal Clerk
THE CORPORATION OF DELTA Attachment B Page 1 of 1 BYLAW NO. 7533 A Bylaw to amend ((Municipal Ticketing Information Bylaw No. 6639, 2007", as amended The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Municipal Ticketing Information Bylaw No. 6639, 2007 Amendment Bylaw No. 7533, 2016". 2. "Municipal Ticketing Information Bylaw No. 6639, 2007," as amended is hereby further amended as follows: a) by inserting in numerical order in Schedule 1 in the table entitled "Delta. Building/Plumbing Bylaw No. 6060, 2002" the following: Column 1 Column 2 Section No. in Authorized Expressions Bylaw 25.3 Continuing to work in contravention of a Stop Work Order Column 3 Full Penalty in $ 250 READ A FIRST time the READ A SECOND time the READ A THIRD time the FINALLY CONSIDERED AND ADOPTED the Lois E. Jackson Mayor Robyn Anderson Municipal Clerk
THE CORPORATION OF DELTA Attachment C Page 1 of 1 BYLAW NO. 7545 A Bylaw to amend "Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011", as amended The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011 Amendment Bylaw No. 7545, 2016". 2. "Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011," as amended is hereby further amended as follows: a) by inserting in numerical order in Schedule A in the table entitled "Delta Building/Plumbing Bylaw No. 6060, 2002" the following: Bylaw Description A1 A2 A3 A4 AS Section The following fines Penalty Discounted Late Compliance Compliance apply to the Amount Penalty Payment Agreement Agreement contraventions (within 14 (after 28 Available Discount below: days) days) (from full Penalty Amount) Continuing to work 25.3 in contravention of a 250 225 275 NO N/A Stop Work Order READ A FIRST time the READ A SECOND time the READ A THIRD time the FINALLY CONSIDERED AND ADOPTED the Lois E. Jackson Mayor Robyn Anderson Municipal Clerk