131_2016 — Building Act General Regulation

s. 1 — Definitions

s. 1(1)

In this regulation:

s. 1(1) — 2012 code

2012 code means the British Columbia Building Code established by the British Columbia Building Code Regulation, B.C. Reg. 264/2012;

s. 1(1) — 2018 code

2018 code means the British Columbia Building Code established by the order of the Minister of Municipal Affairs and Housing numbered BA 2018 1 and dated July 16, 2018;

s. 1(1) — 2024 code

2024 code means the British Columbia Building Code established by the order of the Minister of Housing numbered BA 2023 10 and dated November 24, 2023;

s. 1(1) — Act

Act means the Building Act;

s. 1(1) — building code

building code, in relation to a building, means whichever of the following applies in relation to the building:

s. 1(1)(a)

Book I (General) of the 2012 code;

s. 1(1)(b)

Book I (General) of the 2018 code;

s. 1(1)(c)

Book I (General) of the 2024 code;

s. 1(1) — compliance decision

compliance decision means a decision made on behalf of a local authority whether a matter conforms to a building regulation;

s. 1(1) — cost-recoverable government employee

cost-recoverable government employee means a government employee for whom an hourly rate is prescribed in section 4;

s. 1(1) — heritage building

heritage building means any of the following:

s. 1(1)(a)

a building that is protected heritage property;

s. 1(1)(b)

a building that is subject to temporary heritage protection under section 606 (1) [order for temporary protection] or 608 (1) [heritage control periods for temporary protection] of the Local Government Act;

s. 1(1)(c)

a building that is subject to an agreement under section 610 (1) [heritage revitalization agreements] of the Local Government Act;

s. 1(1)(d)

a building that is identified in a register of heritage property established under section 598 (1) [community heritage register] of that Act;

s. 1(1) — plumbing code

plumbing code, in relation to a building, means whichever of the following applies in relation to the building:

s. 1(1)(a)

Book II (Plumbing Systems) of the 2012 code;

s. 1(1)(b)

Book II (Plumbing Systems) of the 2018 code;

s. 1(1)(c)

Book II (Plumbing Systems) of the 2024 code;

s. 1(1) — protected heritage property

protected heritage property has the same meaning as in section 1 of Schedule 1 to the Local Government Act.

s. 1(2)

Repealed. [B.C. Reg. 255/2019, s. 2.]

1

Local Authority Jurisdiction

s. 2 — Unrestricted matters — general

The following matters are prescribed for the purposes of section 5 (4) of the Act:

s. 2(a)

parking stalls for persons with disabilities;

s. 2(b)

the following matters as they relate to the design of access routes for fire department vehicles:

s. 2(b)(i)

the width of an access route;

s. 2(b)(ii)

the centreline radius of an access route;

s. 2(b)(iii)

the overhead clearance of an access route;

s. 2(b)(iv)

the change of the gradient of an access route;

s. 2(b)(v)

the loads that an access route is designed to bear and the material with which an access route is surfaced;

s. 2(b)(vi)

the length above which a dead-end portion of an access route requires turnaround facilities;

s. 2(b.1)

in the case of a building not described in Sentence 3.2.5.7.(2) of Division B of the building code, water supply for firefighting;

s. 2(b.2)

Repealed. [B.C. Reg. 255/2019, s. 3 (a).]

s. 2(b.3)

in the case of a heritage building, any matter as it relates to the heritage value or heritage character of the building;

s. 2(c)

in the case of a building in a development permit area designated under section 488 (1) (b) of the Local Government Act, the following matters as they relate to wildfire hazard:

s. 2(c)(i)

form;

s. 2(c)(ii)

exterior design;

s. 2(c)(iii)

finish;

s. 2(c.1)

in the case of a building, or part of a building, in a development permit area designated under section 488 (1) (b) of the Local Government Act, any matter as it relates to hazardous conditions, other than wildfire hazard;

s. 2(d)

in the case of a building in a development permit area designated under section 488 (1) (d), (e), (f) or (g) of the Local Government Act, the following matters as they relate to the character of the development:

s. 2(d)(i)

form;

s. 2(d)(ii)

exterior design;

s. 2(d)(iii)

finish;

s. 2(e)

in the case of a building in a development permit area designated under section 488 (1) (h), (i) or (j) of the Local Government Act, the following matters as they relate to energy or water conservation or the reduction of greenhouse gas emissions:

s. 2(e)(i)

form;

s. 2(e)(ii)

exterior design;

s. 2(e)(iii)

any matter as it relates to machinery, equipment and systems external to the building;

s. 2(f)

any matter as it relates to a district energy system;

s. 2(g)

any matter as it relates to limiting the transmission into a building of sound that originates outside the building;

s. 2(h)

radio repeater systems for emergency communications;

s. 2(i)

water meters for connections to public water systems.

s. 2.1 — Time-limited unrestricted matters

s. 2.1(1)

In this section, adaptable dwelling unit has the same meaning as in Article 1.4.1.2. of Division A of the building code.

s. 2.1(2)

The following matters are prescribed for the purposes of section 5 (4) [restrictions on local authority jurisdiction] of the Act in the areas described in subsection (3) of this section:

s. 2.1(2)(a)

fire sprinklers and fire sprinkler systems;

s. 2.1(2)(b)

any matter as it relates to the accessibility of a building to persons with disabilities;

s. 2.1(2)(c)

adaptable dwelling units.

s. 2.1(3)

A matter prescribed under subsection (2) is unrestricted in a geographic area if a local building requirement that relates to the matter

s. 2.1(3)(a)

applies to the geographic area,

s. 2.1(3)(b)

was enacted on or before December 15, 2017, and

s. 2.1(3)(c)

has not been amended after that date as it relates to the matter.

s. 2.2 — Energy conservation and reduction of greenhouse gas emissions

s. 2.2(1)

The following matters are prescribed as unrestricted matters for the purposes of section 5 (4) [restrictions on local authority jurisdiction] of the Act, subject to the conditions set out in subsection (2) or (3), as applicable:

s. 2.2(1)(a)

the conservation of energy;

s. 2.2(1)(b)

the reduction of greenhouse gas emissions.

s. 2.2(2)

A local building requirement related to the conservation of energy may not do any of the following:

s. 2.2(2)(a)

require buildings within the jurisdiction of the local authority to be constructed except in conformance with a step described in Article 9.36.6.3. or 10.2.3.3. of Division B of the building code;

s. 2.2(2)(b)

modify a requirement of, or impose requirements in addition to those set out in, Subsection 9.36.6. or 10.2.3. of Division B of the building code;

s. 2.2(2)(c)

subject to subsection (4), require buildings within the jurisdiction of the local authority to be constructed except in conformance with a step described in Subsection 9.36.6. of Division B of the building code.

s. 2.2(3)

A local building requirement related to the reduction of greenhouse gas emissions may not do either of the following:

s. 2.2(3)(a)

require buildings within the jurisdiction of the local authority to be constructed except in conformance with a level described in Article 9.37.1.3. or 10.3.1.3. of Division B of the building code;

s. 2.2(3)(b)

modify a requirement of, or impose requirements in addition to those set out in, Article 9.37.1.3. or 10.3.1.3. of Division B of the building code.

s. 2.2(4)

Subsection (2) (c) does not operate to prohibit a local building requirement that

s. 2.2(4)(a)

has been enacted by a local authority in relation to the conservation of energy, and

s. 2.2(4)(b)

permits buildings to be constructed in conformance with Subsections 9.36.2. to 9.36.4. of Division B of the building code.

s. 2.3 — Collection of municipal solid waste and recyclable material

s. 2.3(1)

In this section, specified waste means municipal solid waste, and recyclable material, within the meaning of section 315 [management of solid waste and recyclable material] of the Local Government Act.

s. 2.3(2)

The following matters are unrestricted as they relate to the storage and collection of specified waste:

s. 2.3(2)(a)

the load capacity of loading pads;

s. 2.3(2)(b)

the height of loading bays from ground level and the minimum size of loading bay openings;

s. 2.3(2)(c)

the minimum dimensions of rooms for the temporary collection of specified waste and the minimum width of doorways through which collection equipment is to enter or leave those rooms;

s. 2.3(2)(d)

ramps within a building for moving containers for specified waste within the building to a collection point within the building;

s. 2.3(2)(e)

any matter as it relates to the prevention of animals being attracted to or accessing specified waste.

s. 2.4 — Flood plains

s. 2.4(1)

In this section:

s. 2.4(1) — 200-year flood

200-year flood means a flood of such a magnitude that the chance of it being equalled or exceeded in any given year is one in 200;

s. 2.4(1) — flood level

flood level, in relation to a flood plain, means

s. 2.4(1)(a)

the flood level specified under section 524 (3) (a) [requirements in relation to flood plain areas] of the Local Government Act for the flood plain, or

s. 2.4(1)(b)

if no flood level is specified, the level expected to be reached by a 200-year flood;

s. 2.4(1) — flood plain

flood plain includes a flood plain designated under section 524 (2) of the Local Government Act.

s. 2.4(2)

Without limiting section 2 (c.1), in the case of a building, or part of a building, that is located on a flood plain below the flood level of that flood plain, any matter is unrestricted as it relates to flooding.

s. 2.5 — Water and sewer connections

s. 2.5(1)

In this section:

s. 2.5(1) — bare land strata plan

bare land strata plan has the same meaning as in the Strata Property Act;

s. 2.5(1) — specified connection

specified connection means

s. 2.5(1)(a)

any part of a water service pipe, fire service pipe, storm sewer or building sewer if the part runs between a service connection to a public system and a service connection to a building, and

s. 2.5(1)(b)

the service connection to the building.

s. 2.5(2)

In this section, terms in italics, other than Act titles or italicized text in square brackets as described in section 11 (2) of the Interpretation Act, have the same meaning as in Article 1.4.1.2. of Division A of the plumbing code.

s. 2.5(3)

Any matter is unrestricted as it relates to

s. 2.5(3)(a)

a specified connection in an area where, because of natural or artificial features of the area,

s. 2.5(3)(a)(i)

the specified connection cannot conform to the plumbing code, or

s. 2.5(3)(a)(ii)

it is not reasonable, having regard to normal plumbing practices, to require the specified connection to conform to the plumbing code, or

s. 2.5(3)(b)

a specified connection that is shared by buildings on the same parcel or bare land strata plan.

s. 2.5(4)

A local authority may, in part of the jurisdiction of the local authority, disapply a requirement of the plumbing code that relates to a specified connection if

s. 2.5(4)(a)

the part is an area described in subsection (3) (a), or

s. 2.5(4)(b)

a specified connection in the part is shared as described in subsection (3) (b).

2

Cost Recovery

s. 3 — Specified minimum amount

The specified minimum amount for the purposes of section 34 (3) (b) (ii) and (c) of the Act is $52.50.

s. 4 — Rates for government employees

For the purposes of section 32 (1) (a) of the Act, the prescribed rate for a government employee identified by title and classification in Column 1 of the Table is the hourly rate set out opposite in Column 2. Table

s. 5 — Estimation of recoverable costs

s. 5(1)

An estimate under section 33 (1) (a) of the Act in relation to a request under section 7 or 8 must be based on and set out the following information, as applicable:

s. 5(1)(a)

for each cost-recoverable government employee that the minister expects to participate in the determination of the request,

s. 5(1)(a)(i)

the title and classification of the employee,

s. 5(1)(a)(ii)

the rate prescribed under section 4 of this regulation for the employee,

s. 5(1)(a)(iii)

a brief description of the work that the employee is expected to do in relation to the request, and

s. 5(1)(a)(iv)

the amount of time that the employee is expected to spend on the work referred to in subparagraph (iii);

s. 5(1)(b)

for each consultant and specialist that the minister expects to engage in relation to the request,

s. 5(1)(b)(i)

the occupation of the consultant or specialist,

s. 5(1)(b)(ii)

a brief description of the work that the consultant or specialist is expected to do in relation to the request, and

s. 5(1)(b)(iii)

the expected amount of the recoverable costs of the consultant or specialist's engagement in relation to the request.

s. 5(2)

A copy of the estimate prepared in accordance with subsection (1) must be included with the notice referred to in section 33 (1) (b) of the Act.

s. 6 — Calculation of recoverable costs

s. 6(1)

For the purposes of section 34 (3) of the Act, the prescribed number of days is 45 days.

s. 6(2)

A calculation under section 34 (3) (a) of the Act in relation to a request under section 7 or 8 must be based on and set out the following, as applicable:

s. 6(2)(a)

for each cost-recoverable government employee that participates in the determination of the request,

s. 6(2)(a)(i)

the title and classification of the employee,

s. 6(2)(a)(ii)

the rate prescribed under section 4 of this regulation for the employee,

s. 6(2)(a)(iii)

a brief description of the work that the employee did in relation to the request, and

s. 6(2)(a)(iv)

the time that the employee spent on the work referred to in subparagraph (iii);

s. 6(2)(b)

for each consultant and specialist engaged in relation to the request,

s. 6(2)(b)(i)

the occupation of the consultant or specialist,

s. 6(2)(b)(ii)

a brief description of the work that the consultant or specialist did in relation to the request, and

s. 6(2)(b)(iii)

the recoverable costs of the consultant or specialist's engagement in relation to the request.

s. 6(3)

A copy of the calculation prepared in accordance with subsection (2) must be included with the notice referred to in section 34 (3) (b) of the Act.

3

Building Officials

1

Exempt Building Professionals

s. 7 — Architects

For the purposes of section 10 (1) (a) [prescribed professional association] of the Act, the Architectural Institute of British Columbia is prescribed.

s. 8 — Engineers

s. 8(1)

In this section, professional engineer has the same meaning as in section 5 of Schedule 1 of the Professional Governance Act.

s. 8(2)

For the purposes of section 10 (1) (b) [prescribed classes of persons] of the Act, the following classes of persons are prescribed:

s. 8(2)(a)

professional engineers;

s. 8(2)(b)

holders of professional licensee engineering licences under the Professional Governance Act whose scope of practice includes consulting on building regulations.

s. 9 — Other building professionals

s. 9(1)

In this section, certificate of qualification has the same meaning as in section 1 of the Safety Standards Act.

s. 9(2)

For the purposes of section 10 (1) (b) of the Act, the following classes of persons are prescribed:

s. 9(2)(a)

individuals appointed under section 11 [safety officers] of the Safety Standards Act by a local authority, if the individuals

s. 9(2)(a)(i)

hold a certificate of qualification for regulated work in respect of electrical equipment, gas systems or gas equipment, and

s. 9(2)(a)(ii)

make compliance decisions only in relation to matters within the scope of the certificate of qualification;

s. 9(2)(b)

individuals retained as employees or independent contractors by a fire department of a local authority, or who are volunteers with a fire department of a local authority, if the individuals make compliance decisions only in relation to the fire prevention and response matters addressed in the following provisions:

s. 9(2)(b)(i)

the provisions of Division B of Book I (General) of the 2012 code that are set out in Table 1 in Schedule 2;

s. 9(2)(b)(ii)

the provisions of Division B of Book I (General) of the 2018 code that are set out in Tables 1.1 and 2 in Schedule 2;

s. 9(2)(b)(iii)

the provisions of Division B of Book I (General) of the 2024 code that are set out in Tables 1.2 and 2 in Schedule 2;

s. 9(2)(c)

individuals retained as employees or independent contractors by a local authority to act as a building official responsible for plumbing, if the individuals make compliance decisions only in relation to the fire suppression matters addressed in the provisions of Division B of Book I (General) of the 2012 code, 2018 code or 2024 code that are set out in Table 3 in Schedule 2.

2

Qualification as Building Official

s. 10 — Mandatory membership

For the purposes of section 11 (1) (a) (iii) [prescribed professional association] of the Act, the Building Officials' Association of British Columbia is prescribed.

s. 11 — Classes of building officials

For the purposes of section 11 (2) (a) of the Act, the classes of building officials set out in Column 1 of Table 1 or 2 in Schedule 1 are established with the scope of practice set out opposite in Column 2.

s. 11.1 — Sequential progression

s. 11.1(1)

In this section, precursor class, in relation to a class of building officials set out in Column 1 of Table 3 in Schedule 1, means a class of building officials set out in Column 2 opposite.

s. 11.1(2)

For the purposes of section 11 (1) (a) (iv) [prescribed qualifications] of the Act, in order to be qualified as a building official in a class set out in Column 1 of Table 3 in Schedule 1, a person must

s. 11.1(2)(a)

be registered under section 12 [register of qualified building officials] of the Act in an applicable precursor class,

s. 11.1(2)(b)

meet the qualification requirements under section 11 (1) (a) of the Act for an applicable precursor class, other than a requirement prescribed under this section for that precursor class, or

s. 11.1(2)(c)

hold an extraprovincial building credential that is recognized under section 11 (2) (b) of the Act as qualifying the person to be classified in an applicable precursor class.

s. 11.2 — Qualification in trainee classes

s. 11.2(1)

In this section:

s. 11.2(1) — eligible leave

eligible leave means a leave described in Part 6 of the Employment Standards Act;

s. 11.2(1) — graduate

graduate, in relation to a trainee class, means to meet the qualification requirements under section 11 (1) (a) of the Act for the regular class of building officials that corresponds to the trainee class;

s. 11.2(1) — trainee class

trainee class means a class of building officials that has a title that includes the words "In Training";

s. 11.2(1) — trainee period

trainee period means

s. 11.2(1)(a)

24 months for Building Level 3 — In Training,

s. 11.2(1)(b)

18 months for Building Level 2 — In Training, and

s. 11.2(1)(c)

12 months for any other trainee class.

s. 11.2(2)

For the purposes of section 11 (1) (a) (iv) [prescribed qualifications] of the Act, in order to be qualified as a building official in a trainee class, a person must

s. 11.2(2)(a)

be employed by a local authority,

s. 11.2(2)(b)

have been registered under section 12 (4) [register of qualified building officials] of the Act in the trainee class

s. 11.2(2)(b)(i)

no more than once before, and

s. 11.2(2)(b)(ii)

for no longer than the trainee period for the trainee class, counting from the most recent registration in the trainee class and excluding any period of eligible leave from the employment referred to in paragraph (a),

s. 11.2(2)(c)

have a written training plan that shows how the person will acquire skill and experience and otherwise prepare to graduate within the applicable trainee period, and

s. 11.2(2)(d)

make a report to the registrar, at least once every 6 months,

s. 11.2(2)(d)(i)

declaring that the person continues to meet the requirements set out in paragraphs (a) to (c), and

s. 11.2(2)(d)(ii)

describing the steps that the person has taken to prepare to graduate within the applicable trainee period.

s. 12 — Recognition of extraprovincial building credentials

For the purposes of section 11 (2) (b) of the Act, the registrar may recognize an extraprovincial building credential and classify the holder of the extraprovincial building credential into a class of building officials if satisfied that the credential

s. 12(a)

is valid in the extraprovincial jurisdiction,

s. 12(b)

is held by a person who is not subject to any sanctions in the extra-provincial jurisdiction in relation to the credential, and

s. 12(c)

evidences that the holder is qualified to perform the work of a building official in that class.

3

Register of Qualified Building Officials

s. 13 — Retention of records

For the purposes of section 12 (8) [register of qualified building officials] of the Act, the prescribed number of years is 15.

4

Annual Report and Fees

s. 14 — Annual report

s. 14(1)

For the purposes of section 13 (a) of the Act, a person making an annual report must include the following information in the report:

s. 14(1)(a)

the name of the person;

s. 14(1)(b)

the class of building officials to which the person belongs;

s. 14(1)(c)

a declaration that the person has satisfied the continuing professional development requirements specified by the minister under section 11 (1) (a) (ii) of the Act for the calendar year;

s. 14(1)(d)

the following information respecting continuing professional development for the calendar year:

s. 14(1)(d)(i)

the title and description of every continuing professional development activity completed by the person;

s. 14(1)(d)(ii)

the date of the continuing professional development activity;

s. 14(1)(d)(iii)

the name of the provider of the continuing professional development activity, if applicable;

s. 14(1)(d)(iv)

evidence of successful completion of, or evidence of attendance at, the continuing professional development activity.

s. 14(2)

An annual report must be submitted, on or before December 31 of each year, on a website maintained by, or on behalf of, the Building Officials' Association of British Columbia.

s. 15 — Annual fees

The annual fees required under section 13 (b) of the Act must be paid on or before December 31 of each year.

5

Fee-Setting Criteria

s. 15.1 — Definition for Division

In this Division, stakeholders means

s. 15.1(a)

qualified building officials,

s. 15.1(b)

local authorities, and

s. 15.1(c)

persons who employ qualified building officials.

s. 16 — Criteria for fee-setting process

The fee-setting process established by the administrative authority under section 17 (1) of the Act must be in accordance with the following:

s. 16(a)

before setting a new fee or changing a fee, the administrative authority must consult with the following respecting the proposed fee:

s. 16(a)(i)

representatives of stakeholders;

s. 16(a)(ii)

representatives of the Union of British Columbia Municipalities;

s. 16(b)

the administrative authority must notify stakeholders and the Union of British Columbia Municipalities of any new fee or change in a fee at least 90 days before the date on which the fee or change is to take effect;

s. 16(c)

the administrative authority must post the notification under paragraph (b) on a publicly accessible website maintained by, or on behalf of, the administrative authority.

Schedule

Schedule 1 [en. B.C. Reg. 52/2017, App. 1, s. 5; am. B.C. Regs. 139/2017, s. 2; 255/2019, ss. 8 to 11; 46/2021, ss. 4 to 6; 119/2024, ss. 5 and 6.] Classes of Building Officials Table 1 — Building Table 2 — Plumbing Table 3 — Sequential Progression

s. 1 — Interpretation

s. 1(1)

In this Schedule:

s. 1(1) — advanced

advanced plumbing system means a plumbing system that

s. 1(1)(a)

is used to drain or vent acid or corrosive wastes,

s. 1(1)(b)

contains a bedpan washer, trade waste system, vent stack or yoke vent,

s. 1(1)(c)

contains a circuit vent that serves more than eight fixtures, or

s. 1(1)(d)

in the case of a building that contains more than two dwelling units or is a row house, contains a non-potable water system;

s. 1(1) — letter of assurance

letter of assurance means a letter required under Clause 2.2.7.2.(1)(b) or Sentence 2.2.7.2.(2) of Division C of a building code or under a plumbing code that adopts those provisions;

s. 1(1) — Part 3

Part 3 building means a building other than a Part 9 building;

s. 1(1) — Part 9

Part 9 building means a building, described in Article 1.3.3.3. of Division A of a building code, to which Part 9 of Division B of the building code applies;

s. 1(1) — separate basement

separate basement means a basement that is a separate building from the building above it;

s. 1(1) — specified grease interceptor

specified grease interceptor means a grease interceptor with a flow rate greater than 189 L/min.

s. 1(2)

In this Schedule, terms in italics, other than Act titles or italicized text in square brackets as described in section 11 (2) of the Interpretation Act, have the same meaning as in Article 1.4.1.2. of Division A of the building code or plumbing code, as applicable.

Schedule

Schedule 2 [en. B.C. Reg. 255/2019, s. 12; am. B.C. Reg. 119/2024, s. 7.] Other Building Professionals Table 1 Table 1.1 Table 1.2 Table 2 Table 3