The model core bylaw provides a template which is 80 per cent standardized for municipalities but still leaves room for some adaptation to a community’s unique needs.

It has been reviewed legally, which can save time and money for municipalities. The core bylaw also provides clarity and consistency with respect to roles and responsibilities during the construction process.

There are three areas where you can provide feedback for the building bylaw update:

1. Fees and charges, which will be included in a separate bylaw
2. Unrestricted matters, which are the areas identified in the model bylaw that can be included or excluded by Whistler to fit our local context
3. Inclusion of a Certified Professional Program.

Following the online survey and information sessions for the proposed building bylaw updates and fees and charges bylaw, staff will compile feedback in a “What we heard” report.

We will let you know how your insights shape the draft bylaws, which will be shared at a Committee of the Whole meeting.

The RMOW adopted its current building and plumbing bylaw in 2003, and it has been updated through bylaw amendments since then.

The new bylaws (an updated building bylaw and separate fees and charges bylaw) will provide more clarity and consistency for the construction process by setting clear expectations for both the applicants and municipal staff.

This work will provide the foundation for other planned Building Department improvements, such as:

• updated application forms (currently contained in the outdated “Building and Plumbing Bylaw No. 1617, 2002”)
• improving the efficiency of workflows for applicants and staff using Tempest software
• eventual electronic permitting implementation.

All construction needs to adhere to the BC Building Code, BC Plumbing Code, and BC Fire Code; however, the BC Building Code leaves it to municipalities to monitor and administer the implementation of the BC Building Code. The Building team’s role is to review building proposals to ensure the following:

• minimum compliance with all provincial and municipal regulations,
• health and life safety for the community, and
• quality control for all occupants and owners in the future.

The building and plumbing bylaw controls the construction, alteration, repair or demolition of buildings and structures for the health, safety and protection of people and property. The bylaw helps the municipality administer permit issuance and inspections.

This is just one tool to provide guidance for development and construction.

Other tools that are used by the municipality to regulate construction include the following:

• Whistler’s Official Community Plan, a comprehensive policy document, which guides decisions on community planning and land use management;
• Development Permit Areas in the Official Community Plan, which provide designations and requirements for certain areas of land; and
• Other bylaws, like the zoning and parking bylaw, fire and life safety bylaw, and bylaw notice enforcement bylaw.

The updates to the building bylaw and updates to fees and charges and enforcement bylaws are intended to support other changes to transparency, consistency, and efficiency in the Building Department’s delivery of services.

Updates to enforcement bylaws will help ensure the timely completion of projects.

These changes respond to direct feedback from the community and the RMOW’s commitments to continually improve systems and services delivered to the Whistler community.

A new fees and charges bylaw is being drafted. This bylaw will consider the complexity of many construction projects in Whistler.

Staff currently calculate permit fees based on the declared value of construction for a project, which creates discrepancies and does not always consider the amount of time required to review a permit application or inspect construction.

Learn more about the proposed fees and charges bylaw.

The new building bylaw will be modelled after the Municipal Insurance Association of British Columbia model core building bylaw, which many communities across B.C. have adopted.

Changes within the new bylaw are intended to clarify and clearly communicate building permit requirements and conditions, enhance enforcement tools and permitting, and allow for better alignment with other municipal bylaws.

The new bylaw features the following:

• new formatting and plain language to make it easier to read and understand
• clearly defined expectations for owners, agents, professionals, designers, and tradespeople
• detailed information about permit application, inspection, and occupancy processes
• enhanced consistency to improve customer service and reduce liability for the municipality.
  

Unrestricted matters are matters regulated in the BC Building Code (or other provincial building regulations) for which local governments will have authority to set their own technical building requirements in bylaws.

There are three reasons for unrestricted matters outlined in the Building Act general regulation:

Whistler can determine which (if any) of the following unrestricted matters are applicable and should be included in the building bylaw.

Learn about the unrestricted matters that Whistler is recommending including in the building bylaw.

The new bylaw will introduce the allowance of a specialized professional (engineer or architect) to oversee the design and construction of complex buildings.

The Province administers the Certified Professional Program and will allow an alternative permit process to expedite the review and building permit issuance.

The Certified Professional program process may also improve staged permitting and staged construction, which can be attractive to fast-track projects.

This streamlined permitting process will also reduce liability exposure for the municipality if construction deficiencies result in claims.

Learn about the Certified Professional Program.