Building Bylaw No. 4725 – 2025 Update

Introduction:

The new and updated Building Bylaw No. 4725 will replace the current Building Bylaw No. 3939, which was adopted in 2012, and is in need of review and updating. The draft Building Bylaw No. 4725 can be downloaded from the following link:

Draft Building Bylaw No. 4725

If you have any questions or comments regarding the draft bylaw, please contact Gary Buxton, Director of Planning & Community Services at gbuxton@salmonarm.ca

Following consultation with the development and construction industry, the bylaw will be taken to Council for approval in September or October of 2025.

Background:

The current Building Bylaw No. 3939 is based on the 2002 “core bylaw” originally drafted by Municipal Insurance Association of BC (MIABC) (the entity that insures most BC municipalities). MIABC has recently updated and revised the core bylaw and provided versions by local government type. The updated core bylaw addresses the current legal context and is adapted to each municipality’s level of staffing, expertise/accreditation, and their context. The attached draft bylaw and policies are based on the new small city template of the core bylaw, with revisions for the Salmon Arm context.

It is also updated to regulate and address the following issues:

• improved risk management;
• changes to accord with the small-scale multi-unit housing (SSMUH) amendments that were created by the Provincial Bill 44 Housing Statutes (Residential Development) Amendment Act;
• an increase in professionals’ involvement in residential construction;
• changes to the Homeowners’ Protection Act and Architects Act;
• Provincial Energy Step Code and Zero Carbon Step Code legislation;
• a process for alternative solutions – where work is not addressed by the Code; and
• added provisions for temporary buildings and partial occupancy permits.

Summary of Changes:

1. Clarification of farm building-related exemptions
   The new definition of farm building and section 6.3(j) relate to exemptions for low human occupancy farm buildings. It is worded and defined so that it is clear that it applies to Class 9 Farm lands only and to certain types of structures or buildings (hay barns, silos, etc.). Low human occupancy is cited from the National Farm Building Code and is one criterion amongst others that define what is a “farm building.” Based upon provisions in the national code, a cap of 600m2 gross floor area to qualify for exemption has been added.
2.  Sections 6.4 – 6.7 clarifies the “Limited Application to Existing Buildings”
   This change deals with Code compliance for renovations and expansions. If an existing older building is proposed to be renovated or expanded, it does not necessarily need - in entirety - to be brought up to current Code; however, the new construction must meet Code and the work must not render the old building less Code compliant. It states that the old building may continue but that the alteration/addition must be Code compliant and the old building must be made to comply but only to the extent necessary to address any new infractions introduced in the remainder of the building as a result of the alteration or addition.
3. Added provisions regarding shipping containers
   Section 13.5 clarifies and cross-references the recent Zoning Bylaw provision about where and if shipping containers are permitted. If installed where a shipping container is permitted for storage, no building permit is required. Where and if a shipping container comprises or is used as a “building,” professional engineering and architecture design and letters of assurance are required.
4. Site plan requirement (annotated for permeability and coverage) (Part 14)
   Part 14 (sections 14. 6 and 14.7) of the new bylaw addresses application process and submittals. This section has been updated to add the requirement to show calculations and per cent parcel coverage of permeable versus impermeable surfaces and building coverage by use. This is to align with the recent SSMUH zoning changes. The site plan requirements are now more comprehensive and detailed but enable the Building Official to adjust and waive the site plan requirements based upon what is proposed to be constructed.
5. Siting and surveying of setbacks (Section 14)
   The new bylaw allows the Building Official to make a determination (Section 14.6(e)) when to require a surveyor to confirm setbacks.
6. Permit Lapse or Extension (Section 16)
   Sections 16.10 and 16.13 reduce the time period to commence construction once the permit has been issued from 180 days (6 months) to 90 days (3 months) to reduce the time period over which the City has to maintain files that may have been stalled or abandoned by the applicant.
7. Enables photo submission of confirmation of work (Part 17 – Section 17.6)
   There are situations of construction work (often correction of a deficiency), where to save time, a Building Official may accept a photo of the work. This can be critical if backfilling or drywall will conceal the component. This is outlined in Part 17 Inspections and Occupancy and is only allowed if acceptable to the Building Official.
8. Partial Occupancy (Part 17)
   Part 17 also provides for partial occupancy where the building or a part of it can commence use and occupancy but it may not be fully complete.
9. Relocation of Buildings (Part 18)
   Part 18 regulates the moving or relocation of buildings. The relocation of stick build homes and factory constructed/assembled units over 35 years prior to the date of permit application is proposed to be prohibited; however, this can be varied if a report is submitted to the Building Official indicating that the building can be safely relocated.
10. Pools (Part 23)
    In the new bylaw, deep back yard fishponds are deemed pools that require a permit. They also must be fenced and have a self-closing latched gate in an urban (not rural) context (often required by residential insurance policies), and must consider how the draining of a pool is managed and may require geotechnical involvement in the design.
11. Retaining Walls (Part 24)
    The new provisions require permits for retaining walls over 1.2 metres tall, and have been made more detailed, including:
    • differentiation based on whether the wall supports landscaping versus a building/structure;
    • granting some discretion to the Building Official based upon soils and site whether an engineer and/or a guard above the wall are required.
12. Temporary Building and Temporary Residences (Parts 25 & 26)
    Given the changes under SSMUH, a temporary dwelling is far less likely to be required, but those provisions remain in the Zoning Bylaw. The new bylaw is consistent with the Zoning Bylaw.
13. Fire Safety (Part 27)
    This section is based upon the provisions of MIABC core bylaw and is not addressed in the current bylaw. Complex buildings (schools, hospitals, hotels, larger apartment buildings) do not need to be cited in the proposed bylaw because the Code covers these entirely by group and class of occupancy; moreover, professionals are involved in every such project and are bound by the Code.
14. Provisions for Zero Carbon Step Code (Part 29)
    Similar to the BC Step Code for energy efficiency, the BC Zero Carbon Step Code is a provincial initiative to progressively eliminate GHG emitting mechanical systems and appliances from buildings. The four levels comprise:
    
    EL1 (monitor emission only)
    EL2, (forego one major gas appliance)
    EL3 (forego gas heat and hot water tank but may keep a gas stove/range)
    EL4 (no carbon emissions/ no gas connection)
    
    Buildings may follow either a prescriptive path (install fewer high-carbon appliances) or a performance path (where the Energy Advisor calculates trade-offs). There are no firm dates yet for the 4 levels, except that EL4 will be required by 2030.
    Currently the Province mandates Step 3 of the Energy Step Code, with Step 4 required in 2027 and carbon neutrality in 2032.
    The draft bylaw provides only for Step 3 and EL1, and does not propose implementation in advance of the Provincial schedules. If we wish to advance implementation prior to the Provincial timeline, this could be addressed in the new bylaw.
15. Updated Offences, Orders and Enforcement (Part 31)
    The current bylaw allows a penalty of only 25% of the permit fee. Most bylaws (and the MIABC template) double the fee. To be effective, this penalty must have a real cost. The proposed bylaw doubles the fee to a maximum of $10,000.