Modernizing the Building Bylaw
The City of Fernie is updating its Building Bylaw to ensure that construction standards are clear, up-to-date, and in line with the latest provincial and municipal regulations. The new bylaw will replace the existing 2003 bylaw and its amendments. The updated Building and Plumbing Bylaw incorporates essential improvements and reflects best practices from the Municipal Insurance Association of British Columbia (MIABC) bylaw template, which many communities in British Columbia have already adopted.
The updated Building and Plumbing Bylaw aims to align the City’s regulatory framework with the Building Act, the BC Building Code, and MIABC recommendations. Its purpose is to regulate the construction, alteration, repair, or demolition of buildings and structures to ensure the health, safety, and protection of individuals and property, as outlined in the BC Building Code and the Local Government Act. The bylaw is designed to ensure that all building development meets essential structural, fire, health, and life safety requirements.
History of the Building Bylaw
In 2003, the current Building Bylaw (No. 1946) was adopted, with one fee amendment adopted in 2006.
In 2018, MIABC developed a legally-reviewed Building Bylaw template as a resource for local governments to adopt. The model bylaw was adapted to comply with the Building Act, Energy Step Code, and the BC Building Code, ensuring that municipalities have the necessary tools for effective building regulation.
In November 2019, City staff presented a draft of the new Building Bylaw to Council, based on the MIABC template. Unfortunately, adoption of the bylaw did not move forward due to the COVID-19 pandemic.
In 2024-25, the draft bylaw underwent further review to ensure it complies with current standards, legislation, and codes, along with refinements that address the local community's needs.
Highlights of the New Building Bylaw
- Formalizes and clarifies the requirements for building permit applications.
- Enhances the efficiency of application submissions.
- Includes a more detailed list of projects that are exempt from Building Permit requirements.
- Modernizes fees based on a cost recovery framework.
- Establishes a uniform methodology for calculating construction costs.
- Establishes clear parameters for final and conditional occupancies.
- Outlines requirements for recording damage to municipal works in advance of construction.
- Ensures provincial legislation regarding hazardous materials abatement has been followed prior to inspection.
- Removes application forms from the bylaw, making way for the upcoming implementation of digital permit tracking software.
Next Steps
April 8, 2025: The proposed Building Bylaw will be presented to Council for consideration of first, second, and third readings.
April 15, 2025: The proposed Building Bylaw will be considered by Council for adoption.
Review the proposed Building and Plumbing Bylaw.
Any questions or comments on the proposed bylaw can be directed via email to planning@fernie.ca