No structural alterations or additions to a dwelling unit to facilitate a Vacation Rental shall be Regulations

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1 City of Penticton 171 Main St. Penticton B.C. V2A 5A9 This handout is to inform you of Bylaws and Provincial Regulations regarding Vacation Rentals. Please note that as an Operator/Owner of a Vacation Rental within the City of Penticton you must comply with all City of Penticton Bylaws & Provincial Regulations. Failure to comply with the Bylaws shall be deemed Non- Compliance and may result in the suspension of your Business Licence and/or fines. If you have any questions please feel free to contact us at or come in and speak with us directly at City Hall Main St. Penticton. Goodluck with your venture! Zoning Regulations Please ensure the following Zoning regulations are met. Ownership A residential dwelling unit being proposed for vacation rental shall only be rented out by an owner of the property. A tenant may not sublet a property for the purpose of Vacation Rentals. If the Registered owner ceases to be the owner, the use may not be continued by a subsequent owner until the application for a new Business Licence has been approved by the City. Development No structural alterations or additions to a dwelling unit to facilitate a Vacation Rental shall be Regulations undertaken that alters the residential character of the dwelling. No exterior signage advertising the Vacation Rental is permitted A site containing a single detached dwelling and an approved secondary suite or carriage house can be used for the purpose of vacation rentals, * Subject to the property owner living on the subject property. (Zoning Bylaw ) * Owner is not required to reside on subject property if no secondary suite or carriage house. The owner of a Bed and Breakfast can be used as a Vacation Rental and can be rented out to no more than 5 people while the owner is home. The owner of a Vacation Rental can have a Minor/Major Home Occupation and also a Vacation Rental Licence. Operation of The owner shall ensure that the renters do not create any form of nuisance for surrounding Vacation residents, such as, noise, light or traffic that is disruptive to the surrounding residents quite Rental enjoyment of their properties. A maximum of two (2) persons per bedroom, or a group of not more than five (5) persons is permitted per vacation rental unit, whichever is less. Building Regulations Please ensure the Vacation Rental is in compliance with the BC Building Code and City of Penticton Building Bylaw. BC Building Smoke and Carbon Monoxide Detectors, means of egress from bedrooms, stairs, guards and Code handrails must be provided as per the current BC Building Code. Plumbing, Mechanical, Electrical & Gas *Please refer to attachment A for basic c life safety code requirements* In the case of secondary suites or carriage houses being rented out for Vacation Rentals, proper building permits have been acquired and maintenance of fire separations are maintained. Systems are in good working order and conform to applicable standards outlined with the BC Building Code, BC Safety Authority and other applicable regulations. Cross Connection controls may be required to be reviewed for potential health hazards. Please refer to the City s Cross Connection Control program for potential hazards via this link

2 (Cross Connection Control) or phone the Environmental Coordinator at Private Pools & Hot tubs Alterations to heating and cooling appliances, including wood or gas fireplaces, are to be reviewed with the Building Department and may also require BC Safety approvals. Please contact the BC Safety Authority at or via this Link Private Pools, Hot tubs and any artificial pool in which the depth of the water could retain at least 600mm (1.968 ft.) meets security fencing and guards in accordance with the City Building Bylaw Fire Department Fire Extinguisher Smoke Alarms A 5lb ABC fire extinguisher must be located on each floor and is to be mounted in an accessible location (do not store in cabinets). Ensure that the proper maintenance protocol is completed. Smoke alarms are hard wired and interconnected on every level. Smoke Alarms & Carbon Monoxide Detectors as per requirements of the current BC Building Code. A log should be maintained indicating monthly testing of each smoke alarm for annual review by the City. Fire Safety Plan A Fire Safety Plan must be placed in readily accessible location (back of the main door). The Fire Safety is to clearly state Call 911, address of property, alert others in building and instructions to evacuate and close doors. A Diagram should be provided showing the exit routes and fire extinguisher locations. Please contact the Fire Department at for further information. Strata Units The owner(s) of strata units are required to review the rules and regulations of their strata corporation to determine if Vacation Rentals are permitted. Noise Regulations As per the Good Neighbour Bylaw Section 6.7, owners are responsible for ensuring that: (a) No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of those premises or place; (b) No person being the owner, occupier or tenant of Real Property shall allow or permit his real property to be used by a person or persons for playing or operating any radio or stereophonic equipment or other instrument or other apparatus for the production or amplification of sound in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of said real property; (c) Subject to Sub-Section 6.2 (c), no person shall own, keep or harbor any animal or bird, but excluding dogs, which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquility of the surrounding neighbourhood or of persons in the vicinity; (d) No person may operate, or cause, suffer or permit the operation of, any motorized law-grooming or garden equipment in the City between the hours of 2200 hours and 0700 hours; (e) Subject to section 6.3, no person in the City shall, on any day before 0700 hours or after 2200 hours, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noises, or sounds in or on a highway or elsewhere in the City which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity.

3 Snow and Solid Waste Please ensure the occupants and/or guests comply with City s Snow Removal, Parking and Please ensure the occupants comply with the, Solid Waste Collection Bylaw No and ensure that Garbage, Recyclable Materials, and Yard and Garden Waste are stored and placed in a sanitary manner, and in a way that will not injure persons handling them and comply with regulations for curb pick-up. Business Licence Bylaw The vacation rental Business Licence placard must be permanently posted in a prominent location and that the Licence must be renewed on an annual basis. Inspection of Premises Section 6.0 The Licence Inspector may inspect the Premises for which a Business Licence Application is made or a Business Licence is issued and such Inspection shall be for the purpose of and limited to: o Observe that the Business Category and/or Business Type is in accordance with the City Zoning Bylaw. o Observe the Business and Premises for compliance with the City Building Bylaw, and the City Fire and Life Safety Bylaw. Yearly Renewal The Business licence must be renewed on a yearly basis and the Licence Inspector may attend to audit the premise to ensure regulations within the City Bylaws are maintained. Contacts Building Department 171 Main St. (250) buildinginfo@penticton.ca Fire Department 250 Nanaimo Ave W (250) Public Works Department Garbage & Recycling 616 Okanagan Ave E. (250) Bylaw Enforcement 171 Main St (250) If you have any further questions please contact the Business Licence Clerk within the Development Services Department, 2 nd Floor City Hall or call us at

4 Attachment A BC Building Code Requirements for Vacation Rentals (Excerpts from 2012 BCBC) Egress from Bedrooms Egress Windows or Doors for Bedrooms 1) Except where the suite is sprinklered, each bedroom or combination bedroom shall have at least one outside window or exterior door openable from the inside without the use of keys, tools or special knowledge and without the removal of sashes or hardware. 2) The window referred to in Sentence (1) shall a) provide an unobstructed opening of not less than 0.35 m2 in area with no dimension less than 380 mm, and b) maintain the required opening during an emergency without the need for additional support. 3) Where a window required in Sentence (1) opens into a window well, a clearance of not less than 760 mm shall be provided in front of the window. 4) Where the sash of a window referred to in Sentence (3) swings towards the window well, the operation of the sash shall not reduce the clearance in a manner that would restrict escape in an emergency. 5) Where a protective enclosure is installed over the window well referred to in Sentence (3), the enclosure shall be openable from the inside without the use of keys, tools or special knowledge of the opening mechanism Location of Smoke Alarms 1) Within dwelling units, sufficient smoke alarms shall be installed so that a) there is at least one smoke alarm installed on each storey, including basements, and b) on any storey of a dwelling unit containing sleeping rooms, a smoke alarm is installed i) in each sleeping room, and ii) in a location between the sleeping rooms and the remainder of the storey, and if the sleeping rooms are served by a hallway, the smoke alarm shall be located in the hallway. 2) A smoke alarm required by Sentence (1) shall be installed in conformance with CAN/ULC-S553, Installation of Smoke-Alarms. 3) Smoke alarms required in Article and Sentence (1) shall be installed on or near the ceiling Carbon Monoxide Alarms 1) This Article applies to every building that contains a residential occupancy and that also contains a) a fuel-burning appliance, or b) a storage garage. 2) Carbon monoxide (CO) alarms required by this Article shall a) conform to CAN/CSA-6.19, Residential Carbon Monoxide Alarming Devices, b) be equipped with an integral alarm that satisfies the audibility requirements of CAN/CSA-6.19, Residential Carbon Monoxide Alarming Devices, c) have no disconnect switch between the overcurrent device and the CO alarm, where the CO alarm is powered by the dwelling unit's electrical system, and d) be mechanically fixed at a height recommended by the manufacturer's instructions.

5 3) Where a room contains a solid-fuel-burning appliance, a CO alarm conforming to CAN/CSA-6.19, Residential Carbon Monoxide Alarming Devices, shall be mechanically fixed a) at a height recommended by the manufacturer s instructions where those instructions specifically mention solid-fuel-burning appliances, or b) in the absence of specific instructions related to solid-fuel-burning appliances, on or near the ceiling. 4) Where a fuel-burning appliance is installed in a suite of residential occupancy, a CO alarm shall be installed a) inside each bedroom, or b) outside each bedroom, within 5 m of each bedroom door, measured following corridors and doorways. 5) Where a fuel-burning appliance is installed in a service room that is not in a suite of residential occupancy, a CO alarm shall be installed a) in the service room, and b) for every suite of residential occupancy that shares a wall or floor/ceiling assembly with that service room, either i) inside each bedroom, or ii) outside each bedroom, within 5 m of each bedroom door, measured following corridors and doorways. 6) For each suite of residential occupancy that shares a wall or floor/ceiling assembly with a storage garage or that is adjacent to an attic or crawl space to which the storage garage is also adjacent, a CO alarm shall be installed a) inside each bedroom, or b) outside each bedroom, within 5 m of each bedroom door, measured following corridors and doorways Handrails Required Handrails 1) Except as provided in Sentences (2) to (4), handrails shall be installed on stairs and ramps in accordance with Table Table Number of Sides of Stair or Ramp Required to Have a Handrail Forming part of Sentence (1) Handrails Serving Stairs Handrails Serving Ramps Stairs < Location of Stair Stairs Ramps < Ramps or Ramp Straight or Straight Curved All Curved All Number of Sides Required to Have a Handrail Within a dwelling unit All other locations (1) ) Where a stair or a ramp is required to be at least mm wide due to the occupant load, a handrail shall be installed such that no position on the stair or ramp is more than 825 mm from a handrail. 3) Handrails are not required for stairs and ramps serving a single dwelling unit, wherea) interior stairs have not more than 2 risers, b) exterior stairs have not more than 3 risers, or c) ramps rise not more than 400 mm. 4) Only one handrail is required on exterior stairs having more than 3 risers provided such stairs serve not more than one dwelling unit Height of Handrails 1) The height of handrails on stairs and ramps shall be measured vertically from the top of the handrail to a) a straight line drawn tangent to the tread nosings of the stair served by the handrail, or b) the surface of the ramp, floor or landing served by the handrail. 2) Except as provided in Sentences (3) and (4), the height of handrails on stairs and ramps shall be a) not less than 865 mm, and b) not more than 965 mm. 3) Where guards are required, handrails required on landings shall be not more than mm in height.

6 4) Handrails installed in addition to required handrails need not comply with Sentence (2) Guards Required Guards 1) Except as provided in Sentences (2) and (3), every surface to which access is provided for other than maintenance purposes, including but not limited to flights of steps and ramps, exterior landings, porches, balconies, mezzanines, galleries and raised walkways, shall be protected by a guard on each side that is not protected by a wall for the length where a) there is a difference in elevation of more than 600 mm between the walking surface and the adjacent surface, or b) the adjacent surface within 1.2 m of the walking surface has a slope of more than 1 in 2. 3) Where an interior stair has more than 2 risers or an interior ramp rises more than 400 mm, the sides of the stair or ramp and the landing or floor level around the stairwell or ramp shall be protected by a guard on each side that is not protected by a wall. 4) Doors in buildings of residential occupancy, where the finished floor on one side of the door is more than 600 mm above the floor or other constructed surface or ground level on the other side of the door, shall be protected by a) a guard, or b) a mechanism capable of controlling the free swinging or sliding of the door so as to limit any clear unobstructed opening to not more than 100 mm. 5) Except as provided in Sentence (6), openable windows in buildings of residential occupancy shall be protected by a) a guard, or b) a mechanism capable of controlling the free swinging or sliding of the openable part of the window so as to limit any clear unobstructed opening to not more than 100 mm measured either vertically or horizontally where the other dimension is greater than 380 mm Height of Guards 1) Except as provided in Sentences (2) to (4), all guards shall be not less than mm high. 2) All guards within dwelling units shall be not less than 900 mm high. 3) Exterior guards serving not more than one dwelling unit shall be not less than 900 mm high where the walking surface served by the guard is not more than mm above the finished ground level. 4) Guards for flights of steps, except in required exit stairs, shall be not less than 900 mm high. 5) The height of guards for flights of steps shall be measured vertically from the top of the guard to a line drawn through the leading edge of the treads served by the guard Openings in Guards 1) Except as provided in Sentence (2), openings through any guard that is required by Article shall be of a size that will prevent the passage of a spherical object having a diameter of 100 mm unless it can be shown that the location and size of openings that exceed this limit do not represent a hazard. (See A (1) and (2) in Appendix A.) Design of Guards to Not Facilitate Climbing 1) Guards required by Article , except those in industrial occupancies and where it can be shown that the location and size of openings do not present a hazard, shall be designed so that no member, attachment or opening facilitates climbing. 2) Guards shall be deemed to comply with Sentence (1) where all elements protruding from the vertical and located within the area between 140 mm and 900 mm above the floor or walking surface protected by the guard conform to at least one of the following Clauses: a) they are located more than 450 mm horizontally and vertically from each other, b) they provide not more than 15 mm horizontal offset, c) they do not provide a toe-space more than 45 mm horizontally and 20 mm vertically, or d) they present more than a 2-in-1 slope on the offset. Please contact the City of Penticton Building department for further information.