Vancouver Building By-law

Part 3 of Division C: Appeals, Offences and Penalties, and Transition Provisions

» Section 3.1. Appeals
» Section 3.2. Offences and Penalties
» Section 3.3. Transition Provisions

 

Section 3.1. Appeals

3.1.1. Building Board of Appeal

3.1.1.1. Appeal Within 30 Days

1) Any person dissatisfied with the decision of the Chief Building Official relating to matters described in Article 3.1.1.2. may, within 30 days of such decision, appeal the decision to the Building Board of Appeal who shall have such powers relating to this By-law as are set out in the Building Board of Appeal By-law.

3.1.1.2. Limits of Appeal

1) An appeal may be made to the Building Board of Appeal from any decision of the Chief Building Official regarding the Chief Building Official’s

a) interpretation of this By-law,

b) determination of the use of new methods or materials,

c) determination of extent of upgrading existing buildings or permitting alternative proposals, as outlined in subsection 10.1.1. of Division B,

d) determination of an unsafe condition as outlined in Clauses 1A.6.1.2.(1)(f) and (g) or Sentences 1A.6.2.1.(1) or (2),

e) reasons for revoking a permit.

3.1.1.3. Filing of Appeals

1) An appeal shall be filed with the Secretary of the Board, in writing, and shall set out

a) the address of the building affected by the decision,

b) the requirements of the By-law applicable to the appeal, and

c) the nature and subject matter of the appeal, in sufficient detail to fully describe the essentials of the appeal.

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Section 3.2. Offences and Penalties

3.2.1. Violation of By-law

3.2.1.1. Offences

1) Every person who

a) violates any of the provisions of this By-law,

b) suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this By-law,

c) neglects to do or refrains from doing anything required to be done by any of the provisions of this By-law,

d) does any act which violates any of the provisions of this By-law, or

e) fails to comply with an order, direction, or notice given under this By-law,

shall be deemed to be guilty of an offence against this By-law and liable to the penalties hereby imposed.

2) Each day that a violation is permitted to exist shall constitute a separate offence.

3.2.2. Fines and Penalties

3.2.2.1. Minimum Fine

1) Every person who commits an offence against this By-law is liable to a fine of not more than $2000 and not less than $100 for each offence.

3.2.2.2. Continuing Offence

1) Every person who commits an offence of a continuing nature is liable to a fine not exceeding $50 for each day such offence is continued.

3.2.2.3. Unsafe Condition

1) Despite the minimum fine referred to in Article 3.2.2.1., every person who permits occupancy to occur while an unsafe condition exists on or about the premises and to which the occupants are directly subject is guilty of an offence and liable to a fine of not less than $200 for each offence.

3.2.2.4. Failure to Comply with an Order

1) Despite the minimum fine referred to in Article 3.2.2.1., every person who commits an offence against Article 1A.2.1.1. by failing to comply with an order is liable to a fine of not less than $200 for each offence.

3.2.2.5. Work Without a Permit

1) Despite the minimum fine referred to in Article 3.2.2.1., every person who commits an offence against Article 1A.2.1.2. by working without a permit is liable to a fine of not less than $200 for each offence.

3.2.2.6. Failure to Permit Entry

1) Despite the minimum fine referred to in Article 3.2.2.1., every person who commits an offence against Article 1A.3.1.2. by failing to permit entry to a building or premises is liable to a fine of not less than $200 for each offence.

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Section 3.3. Transition Provisions

3.3.1. General

3.3.1.1. Validity of Permits under Previous By-law

1) Subject to the time limitations of Article 3.3.1.2., buildings for which permits were obtained under By-law No. 8057 shall be constructed in accordance with the terms of that By-law.

3.3.1.2. Grace Period

1) Where an owner has applied for a permit prior to the 31 October 1999, the buildings referred to in the application may be constructed in accordance with By-law No. 8057 provided the owner has commenced work within 6 months of the date of issuance of the permit and continues work to completion without interruption other than work stoppages which are standard in the building industry.

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