TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: September 21, 2026 Report No. DEV-26-043
TO: Council
FROM: Jakub Lisowski, Planner 2; Joel Clary, Director, Engineering and Public Works; Charles Davie, Manager of Engineering; and Bill Brown, Director, Development Services
SUBJECT: Bylaw to amend the “Building Regulation Bylaw, 2017, No. 2899”
RECOMMENDATION:
Recommendation
That Council give first, second, and third readings to Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195.
Body
EXECUTIVE SUMMARY:
Amendment Bylaw, 2026, No. 3195 (Appendix “B”) would amend the Building Regulation Bylaw, 2017, No. 2899 (See Appendix A for Track Changes). Proposed amendments clarify when a permit is not required (Section 6.2), list new permit requirements for building permit applications (Sections 7.1 & 8.1), the deletion of Fire Limit Areas which require sprinklers (Section 10), fee updates for sanitary sewer and storm drain connections and replacements (Schedule A, Section 11), and fee updates for road allowance occupation and construction permits (Schedule A, Sections 14 & 15).
BACKGROUND:
Various amendments are proposed to Building Regulation Bylaw, 2017, No. 2899. Section 6 outlines when a permit is not required. Sections 7.1 and 8.1 outline what must be provided with a permit application. Section 10 established a Fire Limit Area to regulate the construction of buildings in respect of precautions against fire, especially requiring the widespread installation of sprinklers.
Schedule A, Section 11 establishes fees for sanitary sewer and storm drain connections and replacements within Township rights-of-way. The existing fee structure includes multiple fixed-fee categories based on pipe size and whether works are completed within a separate or combined trench. The existing fees have remained largely unchanged despite significant increases in construction costs, including labour, materials, equipment, traffic control, restoration, and contractor costs. Staff have also observed increasing variability in connection requirements and site conditions, resulting in many installations differing significantly from the assumptions upon which the existing fixed-fee structure was established.
The proposed Road Allowance fee schedule represents a modernization of the current flat fee for road allowance occupation permits.
ANALYSIS:
Amendments are proposed to clarify when a permit is not required including when replacing roofing, for flagpoles exempt from the application of the BC Building Code, and for accessory buildings less than 10m2 in building area that do not create a hazard (see Section 6.2).
Amendments are proposed for new permit requirements for “complex buildings” and “standard buildings” including the description and location of significant trees, a Parking Plan showing where workers will park during the construction of a building, and an Erosion and Sediment Control Plan explaining how runoff water will be treated before leaving the site (Sections 7.1 & 8.1).
Amendments are proposed to delete Section 10 (Fire Limit Areas) which established requirements for the installation of fire sprinkler systems within all new buildings with four or more units. Removal of this section is recommended because it would encourage the development of more small buildings that do not need costly fire sprinkler systems. Fire sprinkler systems would still be required as per the British Columbia Building Code. The Fire Chief has no objections to this amendment.
The proposed amendments to Schedule A, Section 11, would simplify the existing fee structure by establishing a fixed fee of $8,000 for standard 100 mm sanitary sewer and storm drain connections serving single-family dwellings and recovering all non-standard connections at actual cost. The amendment would also eliminate the current combined trench fee categories. Through the proposed definition of a standard connection, only straightforward installations meeting established criteria would qualify for the fixed fee, while connections involving greater complexity, unusual site conditions, additional restoration requirements, traffic control requirements, utility conflicts, archaeological requirements, larger pipe sizes, or other factors affecting construction costs would be recovered through a project-specific cost estimate and deposit process.
Staff have found that the actual cost of sanitary sewer and storm drain connection installations has been exceeding the fees currently established in the bylaw. Increases in labour, materials, equipment, traffic control, restoration, contractor costs, and other construction-related expenses have contributed to this increase. The proposed amendment is intended to better align fees with current construction costs while ensuring more complex installations are recovered on a full cost-recovery basis. This approach will reduce the potential for utility connection works to be subsidized through municipal operations and ensure costs are more appropriately allocated to the benefiting property.
Staff reviewed connection fee structures in neighbouring municipalities. The District of Saanich currently charges $8,000 for standard 100 mm sanitary sewer and storm drain connections, while larger or more complex installations are charged at cost or subject to additional charges. The City of Victoria currently charges $8,800 for a standard 100 mm service connection, with larger or more complex connections recovered at actual cost. Other municipalities in the region utilize a variety of fee structures, including lower fixed fees, formula-based fees, and cost-recovery models, making direct comparisons difficult. The proposed fee reflects current construction cost pressures and provides a balance between fee certainty for standard residential connections and full cost recovery for non-standard installations.
The proposed Road Allowance fee schedule represents a modernization of the current flat fee for road allowance occupation permits. The existing permit structure has remained at approximately $25 per day regardless of the extent of the occupation or the level of disruption created. The proposed model introduces a user-pay approach by scaling fees based on the amount of public space occupied and the transportation impact, with higher charges applied only when lane closures affect collector and major roadways. This better reflects the administrative, traffic management, and public inconvenience costs associated with larger occupations and roadway closures.
Other core municipalities use similar or comparable combinations of fees such as charging separate permit fees, daily occupancy fees, traffic control review fees, and additional costs for lane closures or areas occupied within road rights-of-way.
OPTIONS:
1. That Council give first, second, and third readings to Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195.
2. That Council give first and second readings to Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195, make any necessary amendments and then give third reading as amended.
3. That Council ask staff for more information prior to considering giving Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195, first, second, and third readings.
4. That Council receive Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195, and Staff Report No. DEV-26-043 for information.
COUNCIL PRIORITY:
Good Governance and Organizational Excellence
FINANCIAL IMPACT:
The proposed amendment will potentially generate more revenue for the Township from road allowance fees and sanitary sewer and storm drain connection installations and replacements. The new fee amounts will better reflect the actual costs of providing services.
COMMUNICATIONS/ENGAGEMENT:
No statutory public notice is required. No communications or engagement activities were conducted.
TIMELINES & NEXT STEPS:
If Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195, receives first, second, and third readings, it will be brought back to the next Council meeting for adoption.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Sarah Holloway, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix “A” Consolidated Building Regulation Bylaw, 2017, No. 2899, with Track Changes
2. Appendix “B” Building Regulation Bylaw, 2017, No. 2899, Amendment Bylaw, 2026, No. 3195