Vancouver Building By-law

Part 1A of Division C: Appendix A

1. A-1A.2.1.4. Unsafe Conditions. Although words such as alteration, occupancy, building and unsafe conditions are defined in Article 1.4.1.2. of Division A, such words as reconstruction, demolition, removal and relocation appearing here and elsewhere in the requirements are adequately defined in dictionaries and need not be repeated herein.
   
   
2. A-1A.2.1.5. Work on Public Property. The appropriate government authority may be federal, provincial or city, depending on the nature of the public property.
   
   
3. A-1A.2.1.6. Property Changes. Control of change of property boundaries applies to either existing buildings or new construction. If a building is built as close to a boundary line as the regulations permit, moving the boundary could reduce the fire separation below that required and thus place the building in contravention, this Subsection would not apply.
   
   
4. A-1A.3.2.1. Notice Prior to Work. This Subsection requires the owner to inform the Chief Building Official of changes in responsibilities of certain employees. It is not intended to limit the owner's right to change the constructor, engineer, architect or inspection or testing agency, but rather to let the building official know of any such change so that construction will not be held up because of any misunderstanding as to who is responsible. See Letters of Assurance at the end of Part 2 of Division C.
   
   
5. A-1A.3.3.3. Uncovering Work. The requirement to uncover and replace work will normally apply only if Article 1A.3.3.1. has not been complied with, that is, if work requiring inspection has been covered prematurely. Complete uncovering may not be necessary. Here, again, the judgment of the designated official is required to determine if partial uncovering, test holes or similar actions will be sufficient to indicate compliance, the purpose being to promote compliance not to penalize the constructor.
   
   
6. A-1A.3.4.1. Owner Responsible for Compliance. Nothing relieves the owner of responsibility, whatever contractual arrangements the owner may have made with the constructor. If the owner delegates to the constructor the responsibility of carrying out construction in accordance with the requirements, the constructor would be the owner's agent. These circumstances cannot be recognized by the Chief Building Official, however, since the authority is not a party to such arrangements.
   
   
7. A-1A.3.4.3. Tests to Prove Compliance. Where a manufacturer, fabricator or erector is required to conform to specified requirements, such as those referenced by Articles 4.3.1.2. and 4.3.3.1., it is intended that proof of such compliance be filed with the Chief Building Official. See Letters of Assurance at the end of Part 2 of Division C.
   
   
8. A-1A.4.1.3. Responsibility. If the constructor goes bankrupt or is unable to continue the job, the owner is responsible. Similarly, if the owner should become unable to carry out his or her responsibilities because of bankruptcy or other reasons, the constructor is responsible to comply with the requirements so far as safety is concerned. The owner must assure that no unsafe condition is left and that any work that is carried out in the absence of the owner complies with the requirements. The constructor is not responsible for the completion of the building, nor is the contractor responsible under these requirements for matters that are covered by appearance or maintenance regulations.
   
   
9. A-1A.5.1.2. Filing Documents. No time period for the retention of documents is specified, because this depends upon the city, upon the provincial legislation and upon any statute of limitations that may apply.
   
   
10. A-1A.6.1.1. Legal Entry. Since these requirements apply to both new construction and existing buildings, the Chief Building Official (i.e., the designated official) has the power to enter any existing buildings as well as new construction, but only for the purpose of administering or enforcing these requirements. In other words, if there is reason to believe that unauthorized alterations or a change of occupancy has occurred or an unsafe condition exists in respect of fire, structural safety or health, an inspection may be made. The designated official should be informed of any unsafe conditions found in the course of fire inspections.
    
    
11. A-1A.6.1.2. Scope of Orders. Some of these powers should be utilized only in extreme instances. For example, while the designated official may order the removal of a building constructed in contravention of the requirements, there would be no need to utilize this power if that building can be brought into line with the requirements by additional construction. Similarly, if work being undertaken causes an unsafe condition, the need to order cessation of the occupancy would exist only if that condition could not otherwise be rectified.
    
    
12. A-1A.6.1.6. Partial or Staged Permit. If the Chief Building Official issues a permit for a foundation before submission of the plans of the complete building, there is no assurance that a permit will be issued for the superstructure when the plans are submitted later. Such issuance will depend upon, among other things, the adequacy of the foundation. This provision is included to give some freedom to the owner to take risks.
    
    
13. A-1A.6.1.7. Conditional Permits. A conditional permit may be issued is the additional information required is of secondary importance and the foundation or structure is not dependent on it. Information of this type might pertain to building services, such as heating, ventilating, air-conditioning, electrical or plumbing or to partitioning which may not be determined until leases have been arranged. This provision also gives the designated official the latitude to exercise good judgment.
    
    
14. A-1A.6.2.2. Immediate Measures. The power to take immediate measures to correct a dangerous situation is intended to be used only in conditions of extreme emergency, and its use should be approached with caution. If, for any reason, the owner is unable to act or refuses to act, laying a charge under the Criminal Code will not protect the public against a dangerous situation. It is only when all logical approaches have been exhausted that the designated official should take action. The official should not take this provision as a blanket approval to act, but should be assured in advance that there are no conflicting restrictions on the official's power in other city or provincial Acts.
    
    
15. A-1A.7.2.2. Application Form. In addition to the information required by this provision, further information is required by Subsection 2.3.4. of Division C, Structural and Foundation Drawings and Calculations, and Subsection 2.3.5. of Division C, Heating, Ventilating, Air-Conditioning and Energy Utilization Drawings and Specifications.
    
    
16. A-1A.7.2.8. Lapsed Application. Applications for permits must be complete and properly filed. If an application is not proceeded with for 6 months, it must be considered abandoned and can be reinstated only by re-filing after one renewal in writing.
    
    
17. A-1A.8.3.1. Occupancy Permit. An Occupancy Permit may also be required for a temporary occupancy.

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